These general terms and conditions (“Terms”) determine the rules applicable to the use of the services of Art Recognition AG, Soodmattenstrasse 4, 8134 Adliswil, Switzerland (“Art Recognition AG”). Please read these Terms carefully before mandating Art Recognition AG. These Terms shall be deemed accepted by you upon you accepting Art Recognition AG’s offer and services.
Art Recognition AG may revise these Terms at any time. You will be bound by the Terms in force at the time that you mandate Art Recognition AG.
- Art Recognition AG Services
1.1 If you want to know if a painting or drawing (“Art Work”) is genuine or fake, you need to deliver a photographic image of the Art Work to Art Recognition AG. Art Recognition AG has created an intelligent computer software for digital analysis of photographic images of Art Works by identifying characteristic features of certain artist (“Image Analysis Software”).
1.2 The result of the digital analysis of the Image Analysis Software is submitted as a technical report with visual representations of the analysis, demonstrating identified main features of the relevant artist (“Technical Report”).
1.3 All photographic images submitted by you and others will be stored in Art Recognition AG’s database in order to improve and further develop the Image Analysis Software and future services.
- Application, conclusion of contract, payment and delivery
2.1 By sending an application, you warrant that:
- You are at least 18 years old;
- you are legally capable of entering into binding contracts.
2.2 You need to submit the following for your application for a Technical Report:
- Correct completion of the contact form, including your address details and name of assumed artist of Art Work;
- Photographic image of the Art Work in good quality and sent in a standard image format.
2.2. After Art Recognition AG has received your application, Art Recognition AG will:
- provide you with an offer including the compensation payable, payment details and a copy of these Terms; or
- decline a mandate. Art Recognition AG may decline mandates because assumed artist is not in Image Analysis Software’s database, insufficient quality of photographic image or for other reasons in Art Recognition AG’s discretion.
2.3. . In case you wish to accept Art Recognition AG’s offer, you must accept the offer including the Terms via email to Art Recognition and transfer 50% of the indicated compensation as advance payment. Upon Art Recognition AG’s receipt of your acceptance and advance payment, the mandate is validly concluded and Art Recognition AG will begin with the analysis and normally provide you with a Technical Report within 10 business days. The other 50% of the compensation is payable within 14 days of the issuance of the Technical Report. As from 15 days after the issuance of the Technical Report, you owe a default interest of 5% p.a. in addition without a reminder being necessary.
- Intellectual Property
3.1 Art Recognition AG’s website, material published on it (including without limitation photographs and graphical images), trade names, Image Analysis Software and other software are protected by copyright laws and other proprietary laws around the world, and are owned by Art Recognition AG or its’s licensors. These contents may be used for the designated purposes only. All other use of contents is prohibited.
3.2 You are the owner of the photographic images submitted or otherwise entitled to submit the photographic image for use by Art Recognition AG according to these Terms, in particular in order to provide the agreed services to you, but also for unlimited storage and processing in its database to improve and further develop the Image Analysis Software and future services. Art Recognition AG confirms to make no further use of photographic images submitted.
3.3. Art Recognition AG is entitled to disclose the submitted photographic images and other information about you to government authorities if, as a result of the digital analysis, there is evidence of a criminal offence, or a government authority makes a request.
- Exclusion of Warranty and Liability, Indemnity
4.1 The Technical Report is the result of the digital analysis of the Image Analysis Software, which has been developed with diligence but without warranty of any kind, express or implied. To the extent permitted by law, all warranty for Technical Report is excluded, including any warranties for the correctness of authenticity statements in the Technical Report and error-free operation of Image Analysis Software.
4.2 To the extent permitted by law, all liability of Art Recognition AG is hereby excluded, including, but not limited to, liability for financial damage in connection with the use of the Image Analysis Report and the confidence in the Technical Report, any decisions taken, purchases, sales, insurance, security, display or other dispositions of Art Work relying upon the Technical Report, damage or loss of profits due to an incorrect Technical Report.
4.3 If a third party asserts claims against Art Recognition AG because of an infringement of their rights by the use of the photographic image submitted by you, you undertake to indemnify Art Recognition AG from all claims, damage and expenses (including court fees and legal costs) and Art Recognition AG is entitled to disclose your data to the competent authorities for such purpose.
4.4 Unfortunately, the transmission of data via the Internet is not totally secure. Even though Art Recognition AG takes suitable measures to protect your personal data and photographic images stored, the Art Recognition AG cannot guarantee that these are fully secure against unauthorized access and unauthorized use by third parties. Any submission of personal data and photographic images and communication is at your own risk.
- Additional Terms
5.1 If any provision or part of a provision of these Terms is found to be invalid, that provision shall be replaced by an economically equivalent provision and the remaining provisions of these Terms will remain in full force.
5.2 All reports, requests and other communications of Art Recognition AG shall be deemed effective upon dispatch to the last address communicated by you to Art Recognition AG.
5.3 You may not transfer any of your rights or obligations under these Terms without our prior written consent. We may transfer any of our rights or obligations under these Terms without your prior written consent to any business that we enter into a joint venture with, purchase or are sold to.
- Governing Law and Jurisdiction
6.1 The contractual relationship between Art Recognition AG and you shall be governed by Swiss law, excluding its conflicts of laws principles and international treaties.
6.2 Exclusive place of jurisdiction shall be before the ordinary courts at the registered seat Art Recognition AG. Art Recognition AG is, however, entitled to take legal action before any competent court at your domicile respectively seat.
Version: 22 February 2021