Terms and Conditions

Art Part Club — website, web app and mobile app · Version 2.2

1. Who we are and what these terms cover

The operator of the artpart.club website, the app.artpart.club web app and the Art Part Club mobile apps for iOS and Android (together the “Service”) is Art Part Club s.r.o., Company ID 195 06 341, with its registered office at Brunclíkova 1757/18, Břevnov, 162 00 Prague 6, Czech Republic, registered with the Municipal Court in Prague under file no. C 387645 (“we”). Contact: hello@artpart.club.

The Art Part Club mobile apps are published in the App Store and Google Play and technically maintained by Outboxers s.r.o., Company ID 058 69 170, with its registered office at Na Vyhlídce 2102, 263 01 Dobříš, Czech Republic, registered with the Municipal Court in Prague under file no. C 272192, which provides app development and operation for us. Your contractual partner when using the Service is always Art Part Club s.r.o.; Outboxers s.r.o. is neither bound nor entitled directly under these terms.

These terms govern the use of the Service, membership of Art Part Club and paid memberships (tiers). By creating an account, downloading the app or using the Service you confirm that you have read these terms and agree to them. The processing of personal data is described in a separate Personal Data Protection Policy available in the Service.

These terms replace the General Terms and Conditions of the Art Part Club mobile app of 15 June 2024.

2. The Service and membership

Art Part Club is a club and a digital platform devoted to art and collecting: it offers educational content (Eduteka, art vocabulary, lectures), a curated selection of artworks, an overview of your own portfolio, community events and member benefits.

The Service is available in the FREE tier (free of charge; basic content and an overview of what is on offer) and in paid memberships: Remote membership (full Eduteka content, member benefits, priority information), Active membership (everything in Remote membership plus early access, community events and premium services) and Individual membership (scope of services and conditions agreed separately). Individual membership cannot be ordered directly in the Service — it is arranged by agreement with us (in writing or by e-mail); an up-to-date overview of what each membership includes is always available in the Service.

Priority of contractual documents: where we have entered into a separate contract with you — in particular a club membership contract (existing members) or an Individual membership agreement — that contract prevails over these terms to the extent that it departs from them. In all other respects, and in particular for the use of the Service, these terms apply on a supplementary basis.

Current prices, billing periods and the exact content of each membership are always stated in the Service; for Individual membership they follow the individual agreement. The price displayed at the moment you order a membership (or the price individually agreed) is binding for you. Changes to prices and memberships do not affect a period already paid for — we will inform you of any change in advance and you may cancel your membership before it takes effect.

3. Account

  • An account may be created only by a natural person over 18 years of age with full legal capacity. The details given at registration must be true and up to date.
  • Each user may hold only one account. The account is personal and non-transferable; keep your login details safe and do not share them.
  • Registration is by e-mail with verification, or with a Google or Apple account.
  • You are responsible for activity carried out under your account, unless it was misused through no fault of your own — please report any suspected misuse to us without delay.
  • The account and membership are personal and end on the user’s death; any unused prepaid period will be refunded to the heirs on request.
  • You can close your account at any time directly in the app (My account → Delete account) or by e-mail; the consequences for your data are described in the Personal Data Protection Policy.

4. Payments and renewal of subscriptions

  • Payment: you can pay for a membership by bank transfer to our account following the instructions we send you, or online by card through a secure payment gateway. Card details are processed by the payment gateway operator; they never reach us.
  • Renewal: a membership does not renew automatically without your payment — before the end of the paid period we will send you the details needed to renew. You can cancel at any time with effect from the end of the paid period, by e-mail.
  • Changing membership: you can upgrade to a higher membership at any time — the unused part of the period already paid for will be credited proportionately against the price of the higher membership. A move to a lower membership or to the FREE tier takes effect from the next billing period, unless we agree otherwise.
  • If a renewal is not paid, we may switch the account to the FREE tier once the paid period has expired.
  • Tax documents are sent electronically to the account e-mail address.
  • Subscriptions cannot be arranged or paid for in the mobile apps; the apps only display the status of a membership arranged on the website.

5. Right of withdrawal (consumers)

As a consumer you may withdraw from a paid membership contract within 14 days of concluding it, without giving a reason. If, at your request, we begin providing the Service during that period and you then withdraw, you will pay us a proportionate part of the price corresponding to what was provided up to the moment of withdrawal. A model withdrawal form is available on request; a withdrawal can be sent to hello@artpart.club.

6. Rights arising from defective performance, and updates

  • We warrant that the Service (digital content and digital services) matches the agreed description, is provided free of defects and complies with Section 2389a et seq. of the Czech Civil Code. Nothing in these terms limits the statutory rights of consumers.
  • Updates: for the duration of your membership we provide the updates necessary for the Service to remain free of defects and we inform you about them (for mobile apps through the relevant app store). If you do not install an update we have told you about, we are not liable for a defect that has arisen solely as a result.
  • Technical requirements: the Service requires a working internet connection, an up-to-date version of one of the common web browsers and, for mobile apps, a version of iOS or Android supported by the relevant app store; we will tell you the current list of supported environments on request at hello@artpart.club. We are not liable for defects caused by your digital environment (device, software, connection) where we informed you of the requirements in advance; you are required to provide the necessary cooperation in establishing the cause of a defect.
  • Complaints: you can report a defect at hello@artpart.club; we will usually deal with a complaint within 30 days. You may ask for the defect to be remedied or for a reasonable discount; if the defect cannot be remedied or we fail to remedy it in time, you may withdraw from the contract.

7. Artworks on offer and purchase requests

  • The Service displays a curated selection of artworks. This presentation is for information only and is not an offer to enter into a contract; details of the works (including prices and availability) may change.
  • Through the Service you can express an interest in buying a particular work (a purchase request). A request is neither an order nor a binding offer — we will contact you on the basis of it and any purchase takes place outside the Service, under a separate contract.
  • There is no legal entitlement to the conclusion of a purchase contract; both we and the seller may refuse a request without giving a reason.
  • Payments connected with the purchase of artworks do not take place in the Service.

8. Content and intellectual property

  • All content of the Service (texts, lectures, videos, photographs, databases, trade marks, design) is protected by intellectual property rights — ours or those of our partners and authors.
  • The content is intended for your personal, non-commercial use. Without our consent you may not copy it, distribute it, make it publicly available, provide it to third parties (including sharing member content outside the club) or use it to train AI models.
  • Quotation within the scope of the statutory licence (with the source acknowledged) is of course permitted.

9. User content

  • Content you create in the Service (for example your profile, comments, posts, ratings) remains yours. You grant us a non-exclusive, royalty-free, territorially unlimited licence to it, solely for the purposes of operating, displaying and reasonably promoting the Service, for as long as your account exists.
  • You must not post content that is unlawful, offensive, misleading, infringes the rights of third parties (including copyright in reproductions of works), or commercial communications without our consent.
  • We may remove or block such content; you can report inappropriate content to us at hello@artpart.club.

10. Rules of use

When using the Service you must not, in particular:

  • disrupt its operation or security, circumvent technical measures (including the paywall) or access other users’ data,
  • use the Service by automated means (scraping, bots) without our consent,
  • impersonate another person or give untrue information,
  • use the Service contrary to legislation or good morals.

Where these terms are breached, we normally proceed in steps: a warning → temporary restriction of the account → closure of the account; in the event of a serious breach we may restrict or close the account immediately. We may restrict or close an account in particular for the following reasons: (a) breach of these terms or of legislation, (b) use of the account by another person or sharing of login details, (c) commercial use of the content without our consent, (d) disruption of the operation or security of the Service, (e) a FREE account has been inactive for more than 24 months (after prior notice by e-mail). If we close your account without any breach on your part, we will refund a proportionate part of any paid and unused period.

11. Important notice — this is not an investment service or investment advice

The content of the Service is educational and informational. Information about artworks, the art market, prices or auction results is not an investment recommendation, investment advice or an offer of investment instruments. The value of artworks may fall as well as rise; valuing art is to a large extent subjective and the art market has limited liquidity — selling a work may take a long time and the price achieved may differ significantly from estimates. Past results are no guarantee of future returns. Any decisions you make are your own responsibility.

Upcoming features (“Coming soon”): the Service may display upcoming features relating to participations in artworks. These features are not available and displaying them is not an offer. The terms of participations (including contractual documentation, payments and identification) will be set out separately before they are launched, and they may be provided by a different company.

12. Availability and changes to the Service

  • We develop the Service continuously; we may add, change and discontinue features. We will give advance notice of any substantial limitation of paid features. The FREE tier (free of charge) is provided “as is”; for paid memberships this does not affect your rights arising from defective performance (Art. 6).
  • We do not guarantee uninterrupted availability; we try to schedule planned outages outside peak hours.
  • The apps require a supported version of the operating system; older versions of an app may stop working.

13. Liability

We are liable for damage caused by a breach of our obligations to the extent laid down by legislation. Towards businesses our liability is limited to the amount paid for the Service over the last 12 months; lost profit is not compensated. In relation to consumers, statutory rights (including rights arising from defective performance) are in no way limited.

14. Provisions for mobile apps (App Store / Google Play)

  • You enter into the contract for the use of the app with us, not with Apple or Google; those companies are not responsible for the app or its support.
  • The mobile apps may be published in the App Store and Google Play under the developer account of Outboxers s.r.o., which publishes and technically maintains the apps for us; even in that case Outboxers s.r.o. does not become your contractual partner.
  • Apple and Google are third-party beneficiaries of these terms to the extent required by their own terms (for example the Apple Media Services — Licensed Application End User License Agreement).
  • You undertake to comply with the terms of the relevant app store as well, and you declare that you are not located in an embargoed country and are not on any sanctions list.

15. Complaints and dispute resolution

We handle complaints at hello@artpart.club, usually within 30 days; the procedure for defects in digital content is described in Art. 6. Consumers have the right to out-of-court dispute resolution before the Czech Trade Inspection Authority (Česká obchodní inspekce, www.coi.cz), or through the European online dispute resolution platform. Supervision of personal data protection is carried out by the Office for Personal Data Protection (Úřad pro ochranu osobních údajů, www.uoou.gov.cz).

16. Final provisions

  • Legal relations are governed by the law of the Czech Republic; for consumers this does not affect the mandatory provisions of the law of their country of residence. The courts of the Czech Republic have jurisdiction.
  • We may amend these terms to a reasonable extent (in particular as the Service develops or legislation changes). We will give notice of any change at least 14 days in advance by e-mail or in the Service; if you do not agree with the change, you may cancel the Service before it takes effect.
  • Transitional provision: memberships arranged before these terms took effect under a separate membership contract remain unaffected and continue to be governed by that contract; these terms govern only the use of the Service in such cases, unless the contract provides otherwise (Art. 2 — priority of contractual documents).
  • Provisions which by their nature are to survive the end of the contract or of the account (in particular the protection of intellectual property, the limitation of liability and dispute resolution) remain in effect after they end.
  • If any provision is invalid, the remaining provisions stay in force.
  • These terms are drawn up in Czech and English; in the event of any discrepancy, the Czech version prevails.

Effective from 1 September 2026. As of that date, the Terms and Conditions of 15 June 2024 are repealed.