Terms of Service & Custody

1. Acceptance of Terms & Sovereign Charter

By accessing or using ART SA (artsa.com), you agree to be bound by these Terms of Service and Sovereign Custody Charter. If you do not agree, please do not use our platform. These terms govern all collectors, artists, partner galleries, auction participants, and institutional curators across 190+ countries.

2. Platform & Escrow Infrastructure

ART SA is a premier global fine art marketplace and custody ecosystem connecting verified creators, accredited galleries, and institutional collectors. We provide tools for showcasing, acquiring, auctioning, and securely vaulting original physical and digital artworks. All transactions are backed by cryptographic Certificates of Authenticity (COA) and multi-signature escrow protocols.

3. Swiss Geneva Freeport Custody & White-Glove Logistics

3.1 Geneva Freeport Bonded Vaults

Collectors acquiring physical masterpieces may elect to retain works in secure bonded custody within certified high-security facilities (including the Geneva Freeport, Switzerland). Bonded custody provides museum-grade climate control, biometric vault security, and transit tax optimization under Swiss customs regulations.

3.2 White-Glove Logistics & Condition Reports

Artworks dispatched for delivery are handled exclusively by specialized fine art logistics couriers with full transit insurance. Prior to transit, a comprehensive condition report is cryptographically sealed and countersigned by the consigning gallery or artist.

4. Anti-Money Laundering (AML) & KYC Compliance

In full compliance with European Union Directive (EU) 2018/843 (5AMLD), the Swiss Anti-Money Laundering Act (AMLA), and international FATF standards for high-value cultural goods:

• All transactions exceeding €10,000 / $10,000 USD require verified identity verification (KYC) of the ultimate beneficial owner (UBO);
• Funds must originate from verified banking institutions or whitelisted crypto wallets (via ZenPay institutional rails);
• ART SA strictly prohibits anonymous high-value settlements and reserves the right to freeze suspicious escrow disbursements pending compliance review.

5. Certificate of Authenticity (COA) & Provenance Ledger

Every original artwork sold on ART SA is issued a dual physical and cryptographic Certificate of Authenticity containing:

• Artist digital signature and provenance chain of custody;
• High-resolution spectral fingerprint or micro-texture hash;
• Immutable SHA-256 ledger registration preventing counterfeit secondary market replication.

6. Purchases, Auctions & Escrow Mechanics

All prices are denominated in USD or EUR. Escrow funds are held securely until physical artwork delivery and buyer inspection sign-off (72-hour inspection window) or deposit into bonded Freeport custody.

• Live Auctions: All bids placed are legally binding contracts. Auctions employ an automatic 5-minute soft-close extension to prevent sniper bots.
• Settlement: Auction winners must settle invoices within 48 hours via Stripe, wire transfer, or verified crypto escrow.

7. Intellectual Property & Zero AI Ingestion

Artists retain 100% copyright over their original works. ART SA receives a non-exclusive license to display artwork representations strictly for marketing and cataloging. ART SA covenants that high-resolution scans of original fine art are NEVER used to train public generative AI models without the artist's express written authorization.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ART SA'S AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF AN ARTWORK TRANSACTION, CUSTODY SERVICE, OR ESCROW DISPUTE SHALL NOT EXCEED THE TOTAL COMMISSIONS ACTUALLY RECEIVED BY ART SA FOR THE TRANSACTION IN QUESTION.

9. GLAW Lex Cognitiva — Mandatory Binding Digital Arbitration

Any dispute, controversy, or claim arising out of or relating to this Agreement, artwork provenance, escrow, or custody shall be resolved exclusively through mandatory binding digital asynchronous arbitration administered under UNCITRAL Arbitration Rules.

• Seat & Treaty: Enforceable under the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards across 170+ member states.
• Digital-First Proceedings: Submissions and expert reports are filed electronically with zero requirement for physical court appearance.
• Loser-Pays Rule: The non-prevailing party shall bear all reasonable attorneys' fees, expert fees, and arbitral expenses incurred by the prevailing party.
• Waiver of Class Claims: All proceedings shall be conducted on an individual basis only; class actions are irrevocably waived.

10. Institutional Shield & Legal Desk

ART SA is operated under the Sovereign Tech Holding framework. Individual curators, art directors, and developers maintain complete personal immunity under the Sovereign Architect Doctrine.

For provenance verifications, legal inquiries, or Freeport custody coordination: legal@artsa.com · custody@artsa.com.