Terms of Service
These Terms of Service ("Terms") form a binding agreement between you and ArtVault Inc., a Delaware corporation ("ArtVault", "we", "us", "our"), and govern your access to and use of artvault.fund and any related applications, intake forms, and services we provide (collectively, the "Services"). By accessing or using the Services you confirm that you have read, understood, and agreed to be bound by these Terms. If you are entering into these Terms on behalf of a legal entity, you represent that you have authority to bind that entity.
1. Acceptance of these Terms
These Terms apply each time you visit the Services or submit information through them, including via the Loan Application and Capital Allocation intake forms. If you do not agree to these Terms, do not use the Services. We may post additional terms applicable to specific products (for example, executed loan agreements, subscription documents, or non-disclosure agreements); in case of conflict, the product-specific document controls for that product.
2. Description of Services
ArtVault originates and services short-term senior secured loans collateralised by tangible personal property — including fine art, watches, classic cars, coins, and other collectibles — and offers participation in those loans to qualified capital providers through one or more pooled vehicles or co-investment structures.
2.1 Informational website
The public portions of the Services are informational. They do not constitute an offer to lend, an offer to sell securities, the solicitation of an offer to buy securities, or investment, legal, tax, or accounting advice.
2.2 Intake forms
Information submitted through the Loan Application and Capital Allocation forms is provided voluntarily and is reviewed by the ArtVault credit and investor-relations teams. Submission does not create any contractual obligation on either party and does not constitute a commitment to lend or a confirmation of investor eligibility.
3. Eligibility
3.1 Geographic scope
The Services are intended for users located in the United States, the United Kingdom, the European Economic Area, and other jurisdictions where ArtVault is permitted to operate. You may not use the Services from any jurisdiction in which their use is prohibited.
3.2 Qualified users
Borrower-side use is intended for owners of qualifying collateral seeking financing for legitimate, lawful purposes. Capital-provider use is intended exclusively for "accredited investors" within the meaning of Rule 501 of Regulation D under the U.S. Securities Act of 1933, "qualified purchasers" within the meaning of Section 2(a)(51) of the U.S. Investment Company Act of 1940, and equivalent categories under applicable foreign law.
3.3 Sanctions and PEP screening
You represent that neither you nor any of your beneficial owners is the target of sanctions administered by OFAC, the United Nations, the European Union, or the United Kingdom, and that you will comply with all applicable anti-money-laundering laws.
4. Accounts and Submissions
You agree that any information you submit through the Services is true, accurate, current, and complete, and you will update it if it changes. You are responsible for safeguarding any credentials issued to you and for all activity under your account. We may suspend or terminate access at our discretion, including where we suspect inaccurate information, fraud, sanctions exposure, or violation of these Terms.
5. Prohibited Uses
You agree not to use the Services to:
- violate any law, regulation, or third-party right, including intellectual-property or privacy rights;
- submit collateral information that is false, misleading, or pledged elsewhere without disclosure;
- launder funds, evade sanctions, or facilitate tax evasion;
- introduce malware, scrape the site beyond reasonable rates, or interfere with the technical operation of the Services;
- reverse-engineer or circumvent any security or access control; or
- impersonate any person or misrepresent your affiliation with any entity.
6. Intellectual Property
The Services and all content on them — including text, graphics, logos, the ArtVault name and mark, code, layout, and design — are owned by ArtVault or its licensors and are protected by copyright, trademark, and other laws. We grant you a limited, non-exclusive, non-transferable licence to access the Services for your own evaluation and legitimate business purposes. No other rights are granted by implication or otherwise.
7. Third-Party Services
The Services may rely on third-party providers — including hosting, analytics, KYC/AML vendors, custodians, appraisers, and email infrastructure. We are not responsible for the acts, omissions, or content of any third party. Links to external sites are provided for convenience only.
8. Loan Terms (Summary Only)
Any loan originated by ArtVault is governed by a separate executed loan agreement, security agreement, and ancillary documents that set out the loan amount, interest rate, fees, tenor, advance rate, custody, insurance, default, and remedies. The Services may describe loan products in general terms (for example, "six-month senior secured loans against fine art, watches, and collectibles") but those descriptions are summaries only and do not modify the controlling loan documents.
9. Disclaimers
The Services are provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or uninterrupted operation. Any target returns described on the Services (including "10–12% APY") are illustrative targets only and are not a forecast, guarantee, or warranty of future performance.
10. Limitation of Liability
To the maximum extent permitted by law, ArtVault and its affiliates, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenue, data, goodwill, or business, arising out of or in connection with these Terms or the Services, even if advised of the possibility of such damages. Our aggregate liability for direct damages arising out of these Terms will not exceed one hundred U.S. dollars (US$100).
11. Indemnification
You agree to indemnify, defend, and hold harmless ArtVault and its affiliates from and against any claim, loss, liability, damage, or expense (including reasonable legal fees) arising out of (a) your use of the Services, (b) your breach of these Terms or applicable law, or (c) the inaccuracy of any information you submit through the Services.
12. Dispute Resolution
12.1 Governing law
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles.
12.2 Binding arbitration
Any dispute arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by JAMS under its Comprehensive Arbitration Rules and Procedures, before a single arbitrator, seated in Wilmington, Delaware, conducted in English. Judgment on the award may be entered in any court of competent jurisdiction.
12.3 No class actions
Each party waives any right to participate in a class action or representative proceeding. Either party may seek injunctive relief in court to protect intellectual-property rights or confidential information without waiving arbitration.
13. Changes
We may update these Terms from time to time. Material changes will be communicated by email or by a clear notice on the Services, and the "Last updated" date above will be revised. Continued use of the Services after the effective date of any change constitutes acceptance of the updated Terms.
14. Contact
Questions about these Terms can be sent to info@artvault.fund.