Art Spoon GENERAL TERMS & CONDITIONS OF SERVICE
Effective Date: March 1, 2026
1. Introduction
1.1 These General Terms & Conditions of Service (“General Terms”), together with the Privacy Policy, Cookie Policy, any applicable Product Terms, the Payment & Refund Policy, and the Data Processing Addendum (collectively, the “Agreement”), govern the relationship between you and Art Spoon Inc. (“Art Spoon,” “we,” “us,” or “our”) in connection with your access to and use of any Art Spoon software, websites, applications, marketplace features, and related services (collectively, the “Products”).
1.2 By creating an account, purchasing, subscribing to, accessing, or using any Product, you agree to be bound by this Agreement.
1.3 If there is any conflict among the documents comprising the Agreement, the following order of precedence applies, unless expressly stated otherwise in a signed writing:
- the Data Processing Addendum;
- any signed Professional Services Agreement or Order Form;
- these General Terms;
- the applicable Product Terms;
- the Payment & Refund Policy;
- the Privacy Policy;
- the Cookie Policy.
2. Definitions
2.1 For purposes of this Agreement:
“Agreement” means these General Terms, the applicable Product Terms, the Payment & Refund Policy, the Privacy Policy, the Cookie Policy, the Data Processing Addendum, and any signed Order Form or Professional Services Agreement.
“Art Spoon Inc.” means a corporation incorporated and existing under the laws of the State of Delaware, United States.
“Art Spoon” means the software service provided by Art Spoon Inc.
“Billing Period” means the recurring subscription period identified at checkout, in the applicable invoice, in the applicable Order Form, or in the Payment & Refund Policy.
“Business User” means any user, gallery, company, organization, or person obtaining the Products primarily for business, commercial, institutional, or professional purposes.
“Consumer User” means any individual obtaining the Products primarily for personal, family, or household purposes.
“Content” means any photographs, artwork, text, files, images, video, audio, data, inventory records, client information, metadata, and similar materials uploaded, posted, stored, transmitted, or otherwise made available through the Products by you or on your behalf.
“Excluded Event” means any of the following: (i) misuse, negligence, error, or unauthorized conduct by you or your users; (ii) failure by you to use the Products in accordance with our documentation or instructions; (iii) use of the Products in combination with hardware, software, systems, or services not approved by us; (iv) telecommunication failures, internet outages, or defects in your hardware, device, browser, or network; or (v) any event caused by circumstances outside infrastructure under our reasonable control.
“Products” means the software-as-a-service, platform services, marketplace tools, websites, and related subscription or transaction-based services made available by Art Spoon.
“Working Hours” means our then-current published business support hours, currently Monday through Friday, 9:00 AM to 6:00 PM Eastern Time, excluding holidays observed by Art Spoon.
“You” / “User” means the individual or entity entering into this Agreement with Art Spoon, including any Consumer User or Business User.
3. Term and Commencement
3.1 This Agreement begins on the earliest date you: (a) accept it, (b) create an account, (c) submit an order, or (d) first access or use any Product.
3.2 We will use commercially reasonable efforts to make the applicable Product available promptly after receipt of your initial payment, subject to onboarding, setup, verification, migration, or implementation steps where applicable.
3.3 Unless otherwise stated in an Order Form or Product Terms, subscription duration, renewal, cancellation, fees, payment timing, refunds, and returns are governed by the Payment & Refund Policy.
4. Our Undertakings and Level of Service
4.1 Hosting and Availability. We will use commercially reasonable efforts to provide monthly uptime of 99.5%, excluding scheduled maintenance, emergency maintenance, and Excluded Events.
4.2 Support. Standard front-line support is available during Working Hours. We will use commercially reasonable efforts to respond to critical support tickets within twelve (12) Working Hours. Support does not include custom development, implementation consulting, or issues caused by your hardware, third-party software, or Excluded Events unless separately agreed.
4.3 Backups. We may perform routine backups of platform data on a schedule we determine appropriate. We do not guarantee that all Content can be restored in every circumstance. If you suffer loss of platform data directly caused by our breach of this Agreement, your exclusive remedy for such data loss will be our commercially reasonable efforts to restore the affected data from our most recent reasonably available backup.
4.4 Limited SaaS Warranty. We warrant that the Products will substantially perform in accordance with the material functionality described in the applicable documentation or Product Terms under normal authorized use.
4.5 Warranty Disclaimer for Services. EXCEPT FOR THE EXPRESS WARRANTY IN SECTION 4.4, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCTS AND ALL RELATED SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND ART SPOON DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
4.6 Warranty Disclaimer for Goods. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY STATED IN THE APPLICABLE LISTING OR THE PAYMENT & REFUND POLICY FOR GOODS SOLD DIRECTLY BY ART SPOON, ALL GOODS ARE PROVIDED “AS IS,” AND ART SPOON DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER DOES NOT LIMIT ANY NON-WAIVABLE RIGHTS OR REMEDIES THAT APPLY TO DAMAGED, DEFECTIVE, OR MATERIALLY MISDESCRIBED GOODS.
5. Limitation of Liability
5.1 Excluded Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ART SPOON AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITY, GOODWILL, ANTICIPATED SAVINGS, OR DATA, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5.2 Security and Unauthorized Access. You are responsible for maintaining the confidentiality of your credentials and for all activities occurring under your account to the extent caused by your failure to safeguard those credentials. Art Spoon will not be liable for losses resulting from unauthorized access caused by your failure to maintain credential security. Nothing in this Section limits liability to the extent directly caused by Art Spoon’s gross negligence, willful misconduct, or breach of any non-waivable legal obligation.
5.3 Liability Cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ART SPOON’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PRODUCTS WILL NOT EXCEED THE TOTAL AMOUNTS PAID OR PAYABLE BY YOU TO ART SPOON FOR THE APPLICABLE PRODUCT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
5.4 Exceptions to Limitations. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION 5 DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW, AND DO NOT LIMIT LIABILITY FOR: (a) FRAUD; (b) WILLFUL MISCONDUCT; (c) GROSS NEGLIGENCE; (d) DEATH OR PERSONAL INJURY TO THE EXTENT SUCH LIMITATION IS NOT PERMITTED BY LAW; (e) YOUR PAYMENT OBLIGATIONS; OR (f) ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.
5.5 Commercial Allocation of Risk. For Business Users, the parties agree that the fees charged reflect the allocation of risk set forth in this Agreement and that these limitations are an essential basis of the bargain.
6. Your Undertakings and Acceptable Use
6.1 Account Security. You must maintain the confidentiality of all usernames, passwords, API keys, and other access credentials. You must promptly notify us of any actual or suspected unauthorized access, misuse, or security incident involving your account.
6.2 Acceptable Use. You agree not to use the Products to:
6.2.1 send spam or unsolicited commercial communications;
6.2.2 upload, store, publish, or transmit unlawful, defamatory, infringing, fraudulent, threatening, abusive, or otherwise prohibited material;
6.2.3 upload malware, viruses, corrupted files, or malicious code;
6.2.4 collect, process, or disclose personal data without a valid legal basis, notice, or consent where required;
6.2.5 probe, scan, reverse engineer, interfere with, or attempt unauthorized access to any system, network, account, or data;
6.2.6 use the Products in violation of sanctions, export controls, or other applicable laws.
6.3 Content Responsibility. You are solely responsible for your Content, including its legality, accuracy, integrity, and the rights necessary to upload and use it through the Products.
6.4 Content Indemnity. You will defend, indemnify, and hold harmless Art Spoon and its officers, directors, employees, and affiliates from and against any third-party claim, action, damage, loss, liability, cost, or expense (including reasonable attorneys’ fees) arising from: (a) your Content; (b) your breach of this Agreement; or (c) your unlawful use of the Products; provided that Art Spoon promptly notifies you of the claim, permits you to control the defense and settlement (except that you may not settle any claim imposing liability or obligations on Art Spoon without Art Spoon’s prior written consent), and reasonably cooperates at your expense.
7. Intellectual Property
7.1 Your Content. As between the parties, you retain all right, title, and interest in and to your Content. You grant Art Spoon a non-exclusive, worldwide, royalty-free license to host, store, reproduce, transmit, display, modify solely for technical formatting, and otherwise use your Content only as reasonably necessary to provide, maintain, secure, improve, and support the Products for you.
7.2 Art Spoon IP. As between the parties, Art Spoon and its licensors retain all right, title, and interest in and to the Products, including all software, source code, object code, interfaces, workflows, designs, documentation, trademarks, logos, and all related intellectual property rights.
7.3 Restrictions. Except as expressly permitted by law or by Art Spoon in writing, you may not copy, distribute, sublicense, reverse engineer, decompile, disassemble, modify, create derivative works from, or otherwise exploit any part of the Products.
8. Termination
8.1 Termination by You. You may cancel or terminate your subscription in accordance with the applicable Product Terms, the Payment & Refund Policy, or the cancellation method we make available. Unless otherwise expressly stated, termination by you takes effect at the end of the current paid Billing Period.
8.2 Termination by Art Spoon. We may suspend or terminate this Agreement or your access to some or all Products immediately upon notice if:
8.2.1 you fail to pay undisputed fees and do not cure within any applicable cure period;
8.2.2 you materially breach this Agreement and fail to cure within thirty (30) days after notice, if the breach is curable;
8.2.3 you materially violate Section 6;
8.2.4 you become insolvent, enter liquidation, make an assignment for the benefit of creditors, or become subject to bankruptcy or similar proceedings.
8.3 Effect of Termination. Upon expiration or termination:
8.3.1 your rights to access and use the terminated Product cease, except as otherwise stated in this Agreement;
8.3.2 any unpaid amounts that accrued before termination become immediately due;
8.3.3 each party will remain bound by provisions that by their nature should survive, including payment, intellectual property, warranty disclaimers, limitation of liability, dispute resolution, and indemnity.
8.4 Content Export and Deletion. Following termination, we may permit a limited post-termination period, if stated in Product Terms or the Payment & Refund Policy, for you to export your Content. After that period, we may delete or disable access to active-use copies of your Content in the ordinary course. Archived, backup, security, or log copies may remain for a limited retention cycle, subject to technical constraints, legal obligations, and internal retention practices.
9. Dispute Resolution; Arbitration; Class Action Waiver
9.1 Informal Resolution First. Before initiating arbitration or court proceedings, either party will provide written notice of the dispute and a brief description of the claim and requested relief. The parties will use good-faith efforts to resolve the dispute informally within thirty (30) days after such notice.
9.2 Arbitration Agreement. Except for matters that may be brought in small claims court as provided below, or claims seeking injunctive or equitable relief for intellectual property misuse or unauthorized access, any dispute, claim, or controversy arising out of or relating to this Agreement or the Products will be resolved by final and binding arbitration on an individual basis.
9.3 Rules Applicable to Consumer Users. If you are a Consumer User, the arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, as modified by this Agreement.
9.4 Rules Applicable to Business Users. If you are a Business User, the arbitration will be administered by the AAA under its Commercial Arbitration Rules then in effect, as modified by this Agreement.
9.5 Venue; Remote Proceedings. Unless the parties agree otherwise, the legal seat of arbitration will be New Castle County, Delaware. The parties agree that hearings may be conducted remotely, by documents-only submission, by telephone, or by video conference where permitted by the applicable AAA rules or ordered by the arbitrator.
9.6 Small Claims Court Option. Either party may bring an individual claim in a court of competent small claims jurisdiction, if and only if the claim qualifies for such court and remains on an individual, non-representative basis.
9.7 Arbitrator Authority. The arbitrator will have exclusive authority to resolve all threshold arbitrability issues, including the scope, enforceability, and applicability of this arbitration agreement, except to the extent prohibited by law.
9.8 No Jury Trial. BY AGREEING TO ARBITRATION, EACH PARTY WAIVES THE RIGHT TO A TRIAL BY JURY FOR COVERED CLAIMS.
9.9 Class Action and Representative Proceeding Waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND ART SPOON AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLAIMANT, CLASS MEMBER, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS, COLLECTIVE, MASS, OR REPRESENTATIVE PROCEEDING.
9.10 Severability of Arbitration Terms. If the class action or representative proceeding waiver in Section 9.9 is found unenforceable as to any claim or request for relief, then that claim or request for relief will proceed in a court of competent jurisdiction and not in arbitration, and the remainder of this Section 9 will remain in effect to the fullest extent permitted by law.
10. Governing Law and Jurisdiction
10.1 Governing Law. This Agreement and any dispute arising out of or relating to it will be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of laws principles.
10.2 Court Jurisdiction for Non-Arbitrable Claims. For any dispute not subject to arbitration under Section 9, and for any action to compel arbitration, confirm an award, vacate an award, or enforce rights expressly reserved to court jurisdiction, the parties submit to the exclusive jurisdiction of the state and federal courts located in or serving New Castle County, Delaware.
10.3 Non-Waivable Rights. Nothing in this Agreement is intended to waive or limit any non-waivable right or remedy that you may have under applicable law.
11. General Provisions
11.1 Force Majeure. Neither party will be liable for delay or failure to perform due to causes beyond its reasonable control, including acts of God, war, terrorism, epidemic, pandemic, labor disputes, utility failure, cloud or hosting provider outages, internet or telecommunications failures, cyberattacks by third parties, or governmental action, except that this Section does not excuse your payment obligations for fees already due.
11.2 Severability. If any provision of this Agreement is held invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted and the remainder of the Agreement will remain in full force and effect.
11.3 Entire Agreement. This Agreement constitutes the entire agreement between you and Art Spoon with respect to the Products and supersedes all prior or contemporaneous understandings, agreements, representations, and communications relating to the same subject matter, except for any signed written agreement expressly superseding this Agreement in whole or in part.
11.4 No Waiver. A failure or delay by either party to enforce any provision of this Agreement is not a waiver of that provision or any other provision.
11.5 Assignment. You may not assign or transfer this Agreement without Art Spoon’s prior written consent, except in connection with a permitted transfer of your business or assets. Art Spoon may assign this Agreement in connection with a merger, acquisition, corporate reorganization, or sale of substantially all of its assets.
11.6 Notices. We may provide notices to you by email, in-product notification, account dashboard, or other reasonable electronic means. You must provide and maintain an accurate email address and promptly update any changes.
12. Content Visibility, Public Profiles, Search Listing, and Hosting
12.1 Visibility Settings and User Instructions.
You may designate certain Content, artworks, documents, profile information, and related materials as: (a) publicly visible, (b) visible only to selected galleries or authorized users, (c) visible only to you, or (d) protected by restricted-access controls such as password protection or encryption-enabled storage features, where offered. You are solely responsible for selecting and managing the visibility setting appropriate for your Content.
12.2 Authorization to Display Based on Visibility Setting.
You instruct Art Spoon to host, display, transmit, index, and make available your Content strictly in accordance with the visibility setting you select or authorize. If you select a public visibility option, you authorize Art Spoon to display such Content publicly, including through profile pages, hosted pages, and search or directory features made available through the Products.
12.3 Public Profiles and Search Listing.
If you create or enable a public artist profile, portfolio, gallery page, or other publicly accessible page, you grant Art Spoon permission to display and index your public-facing name, profile image, biography, artist CV, exhibition history, artwork thumbnails, and other information you intentionally designate as public, including display on a /search page, internal search results, and publicly accessible Art Spoon-hosted pages.
12.4 Responsibility for Public Information.
You acknowledge that Content designated as public may be copied, viewed, cached, indexed, linked, or re-shared by third parties beyond Art Spoon’s reasonable control. Art Spoon is not responsible for third-party use of Content that you intentionally made public.
12.5 Private or Restricted Content.
For Content designated as private, gallery-only, restricted, or otherwise non-public, Art Spoon will use commercially reasonable efforts to apply the access controls associated with the selected setting. However, no security system is impenetrable, and Art Spoon does not guarantee absolute security, confidentiality, or prevention of unauthorized access.
12.6 Encryption and Security Features.
If Art Spoon offers encryption, password protection, or similar security tools, such tools are provided as security features to reduce risk and not as a guarantee of absolute confidentiality or immunity from unauthorized access, disclosure, corruption, or loss.
12.7 Hosted Pages and Websites.
Where the Products permit you to create a profile page, hosted website, microsite, portfolio page, or generated document, you remain solely responsible for all Content, statements, claims, images, links, and legal compliance associated with that hosted output. Art Spoon may impose technical, branding, format, storage, bandwidth, or feature limitations on hosted pages and may modify or discontinue any hosting feature in accordance with this Agreement.
12.8 Content Standards for Hosted Outputs.
You may not use any hosted page, document generation feature, or website hosting feature to publish or distribute unlawful, infringing, fraudulent, defamatory, deceptive, malicious, or privacy-violating material. Art Spoon may remove, disable, suspend, or refuse to host any Content that it reasonably believes violates this Agreement, applicable law, or the rights of any person.
13. Artist, Gallery, and Third-Party Information
13.1 Authority to Upload Third-Party Information.
If you upload, create, or publish any information relating to another person, including an artist profile, artist CV, exhibition history, contact information, biography, or portfolio materials, you represent and warrant that you have all rights, permissions, consents, and legal authority necessary to provide such information to Art Spoon and to authorize the applicable visibility setting.
13.2 Gallery-Managed Artist Profiles.
If a gallery or other Business User creates, uploads, or manages artist information on behalf of an artist, the gallery represents and warrants that it is authorized to do so and that such submission, hosting, and display do not violate any contract, privacy right, publicity right, copyright, or other right of any third party.
13.3 Accuracy and Updating.
You are solely responsible for ensuring that all artist information, CV details, exhibition records, profile statements, and other submitted information are accurate, current, and not misleading. Art Spoon has no obligation to independently verify such information.
13.4 Requests to Modify or Remove Public Information.
Art Spoon may, but is not obligated to, honor requests to update, unpublish, de-index, or remove public profile information where reasonably requested by the account owner, the authorized submitting party, or a person claiming rights in such information, subject to verification and applicable law.
14. Competition, Open Call, Submission, and Evaluation Features
14.1 Submission Tools Only.
Where the Products allow users to apply to competitions, open calls, exhibitions, grants, or similar opportunities, Art Spoon provides submission and workflow tools only unless expressly stated otherwise. Art Spoon does not guarantee acceptance, selection, review, response, award, publication, exhibition, or any commercial outcome.
14.2 User Responsibility for Submission Materials.
You are solely responsible for the completeness, legality, accuracy, format, timing, and suitability of any application, portfolio, artwork, statement, CV, image, attachment, or other submission material transmitted through the Products.
14.3 Deadlines and Delivery.
Unless Art Spoon expressly undertakes managed submission services in a signed writing, you are solely responsible for monitoring deadlines, eligibility criteria, required materials, and submission confirmation. Art Spoon does not warrant that a submission will be reviewed, accepted, delivered, or considered by any third party by any particular deadline.
14.4 Third-Party Opportunities.
If a competition, open call, or review process is administered by a third party, that third party’s rules, deadlines, eligibility requirements, judging criteria, privacy practices, and decisions may apply in addition to this Agreement. Art Spoon is not responsible for third-party decisions, scoring, disqualification, judging outcomes, or rule changes.
14.5 Evaluation Features.
Where the Products provide scoring, commenting, ranking, review, or evaluation tools for galleries, jurors, or reviewers, such outputs are advisory workflow tools only. Art Spoon does not warrant the fairness, accuracy, completeness, legality, or outcome of any review, rating, recommendation, or evaluation made by users.
14.6 No Duty to Monitor Merit.
Art Spoon has no duty to judge the artistic merit, originality, authenticity, legality, ownership, or suitability of any submission, except to the limited extent required by law or expressly undertaken in writing.
14.7 Submission License for Processing.
You grant Art Spoon a non-exclusive, worldwide, royalty-free license to host, reproduce, convert, transmit, and display your submitted materials solely as necessary to process, route, store, present, and administer the applicable submission, evaluation, or workflow feature you requested.
15. Intellectual Property Complaints and Takedown
15.1 Rights Compliance.
You may not upload, host, display, or transmit any Content that infringes or misappropriates any copyright, trademark, trade dress, moral right, database right, privacy right, publicity right, or other proprietary right of any third party.
15.2 Notice of Claimed Infringement.
Art Spoon may maintain and apply a copyright or rights-complaint procedure for claims of infringement, impersonation, unauthorized use, or other unlawful Content. Upon receipt of a sufficiently detailed complaint, Art Spoon may investigate, request additional information, remove or disable access to the challenged Content, or take other action it reasonably deems appropriate.
15.3 Repeat Infringers and Repeated Violations.
Art Spoon may suspend or terminate accounts that are the subject of repeated, credible claims of infringement, impersonation, unauthorized publication, or similar rights violations.
15.4 No Independent Adjudication Obligation.
Art Spoon is not required to adjudicate ownership disputes between private parties and may remove, restrict, or preserve challenged Content while a dispute is pending.
16. Privacy, Data Roles, and Data Processing Allocation
16.1 Art Spoon as Independent Controller.
Art Spoon acts as an independent controller, and not solely as your processor, with respect to personal data processed for its own business operations, including account creation, billing, fraud prevention, security monitoring, service analytics, legal compliance, customer support, enforcement of this Agreement, and operation of Art Spoon-controlled directories, search features, and platform administration functions.
16.2 Art Spoon as Service Provider / Processor for User Content.
To the extent Art Spoon processes personal data contained in Content that you upload or manage solely on your behalf through the Products—such as artist profiles, CVs, application materials, client records, or gallery-managed information—Art Spoon will process such data as your service provider or processor, subject to the Agreement and any applicable Data Processing Addendum.
16.3 User as Controller for Uploaded Third-Party Data.
You are solely responsible for determining the lawful basis, permissions, notices, and rights handling applicable to any personal data that you upload, publish, or otherwise make available through the Products, including any third-party artist, client, juror, or applicant information.
16.4 Data Processing Instructions.
Where Art Spoon acts as your processor, your use of the Products and your configuration of account settings, permissions, visibility, and workflow features constitute your instructions to Art Spoon to process the applicable personal data as necessary to provide the Products.
16.5 Deletion and Return of Data.
Where required by applicable law or an applicable Data Processing Addendum, and where Art Spoon acts as processor for your data, Art Spoon may delete or return applicable personal data at the end of the services, subject to technical limitations, backup retention cycles, legal obligations, security logging, and reasonable archival practices.
16.6 Consumer Requests and Cooperation.
To the extent required by applicable law, Art Spoon may provide reasonable assistance in responding to verified privacy or data rights requests relating to data for which you act as controller, but you remain primarily responsible for handling such requests unless applicable law requires otherwise.
17. Security Incident and Breach Cooperation
17.1 Security Measures.
Art Spoon will use commercially reasonable administrative, technical, and organizational safeguards designed to protect personal data and restricted Content against unauthorized access, disclosure, alteration, and destruction, taking into account the nature of the Products and the information processed.
17.2 No Absolute Security Guarantee.
Notwithstanding the foregoing, you acknowledge that no method of transmission, storage, or access control is completely secure, and Art Spoon does not guarantee that unauthorized access, compromise, corruption, or loss will never occur.
17.3 Incident Notification to Users.
If Art Spoon determines that a security incident affecting your non-public Content or personal data requires notice under applicable law or under the Agreement, Art Spoon will provide notice to you within a commercially reasonable time after determination of the incident, subject to law-enforcement delay, the need to investigate, and the information reasonably available at the time.
17.4 Processor-to-Controller Cooperation.
If Art Spoon processes personal data on your behalf and experiences a security incident involving such data, Art Spoon may notify you and reasonably cooperate, as required by applicable law, so that you may meet your own notice or compliance obligations.
17.5 User Cooperation.
You agree to cooperate in good faith with reasonable requests relating to incident investigation, credential reset, containment, audit logging, restoration, and legally required notifications.
18. Search, Indexing, and De-Listing
18.1 Internal Search Functionality.
Art Spoon may index, categorize, and display public-facing Content and profiles within internal search, browse, recommendation, and discovery features of the Products in order to operate the platform.
18.2 No Guarantee of Placement or Visibility.
Art Spoon does not guarantee that any public profile, artwork, document, artist listing, or hosted page will appear in any specific search result, ranking, category, recommendation slot, or order.
18.3 Modification, Suppression, or Removal.
Art Spoon may remove, suppress, de-index, re-rank, or restrict visibility of any Content or profile that violates this Agreement, is subject to a rights complaint, creates legal risk, contains misleading information, or is otherwise inconsistent with platform integrity, security, or compliance needs.
18.4 No Obligation to Retain Public Listing.
Public listing, search inclusion, or discovery placement is a feature of the Products and not a guaranteed permanent entitlement unless expressly stated in a signed agreement.