Terms of Service
Draft template — pending counsel review.
These Terms of Service ("Terms") govern your use of the ArtVault platform, website, and related services (the "Services") operated by ArtVault Inc., a Delaware corporation ("ArtVault", "we", "us"). By accessing or using the Services, you agree to be bound by these Terms.
1. Eligibility
The Services are intended for use by (a) borrowers who own fine art, watches, or other luxury collectibles and seek non-recourse short-term financing secured against those assets, and (b) accredited and institutional investors who meet the definitions set forth in Rule 501 of Regulation D under the U.S. Securities Act of 1933, as amended. You represent that you meet the applicable eligibility criteria and that any information you provide is accurate and complete.
2. Loan Origination Services
ArtVault originates senior secured loans collateralized by tangible personal property. Loan terms — including loan-to-value ratio, interest rate, origination fee, term, and collateral handling — are set forth in the executed loan agreement between the borrower and ArtVault or its lending affiliate. These Terms do not constitute a commitment to lend. All loans are subject to underwriting, appraisal, KYC/KYB, AML, and sanctions screening.
3. Capital Provider Services
Capital provided by accredited or institutional investors is deployed through one or more vehicles managed by ArtVault or an affiliated investment adviser. Investment performance is not guaranteed. Past performance is not indicative of future results. Returns described on the Services as "10–12% APY" are target net returns and are not a promise, warranty, or representation. Capital allocations are governed by separate subscription, side letter, and limited partnership documents.
4. Collateral
Borrowers represent and warrant that they hold clear, unencumbered title to all pledged collateral and that any provenance, condition, valuation, or authentication information provided is true and complete. ArtVault may, at its sole discretion, require independent appraisal, condition reports, insurance, custodial arrangements, and/or perfection of security interests via UCC-1 filings and physical possession.
5. Fees
Origination fees, servicing fees, custody fees, insurance pass-through costs, and any default-related expenses are disclosed in the loan agreement. ArtVault may revise its fee schedule from time to time; revised fees apply to loans originated on or after the revision date.
6. Default and Remedies
Upon a default, ArtVault may exercise all rights and remedies available under the loan agreement and applicable law, including possession and sale of the collateral. ArtVault is not liable for any decline in the market value of the collateral.
7. No Investment Advice
Nothing on the Services constitutes investment, legal, tax, or accounting advice. You should consult your own advisers before entering into any transaction.
8. Limitation of Liability
To the maximum extent permitted by law, ArtVault and its affiliates shall not be liable for indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenue, arising out of or in connection with the Services.
9. Governing Law
These Terms are governed by the laws of the State of New York, without regard to conflict-of-laws principles. Disputes shall be resolved in the state and federal courts located in New York County, New York.
10. Changes
We may update these Terms from time to time. Material changes will be notified by email or by posting on the Services. Continued use of the Services constitutes acceptance.
11. Contact
Questions about these Terms: info@artvault.fund.