ArtBoxes Terms of Service

1.Definitions

The following capitalized terms have the meanings set out below; other capitalized terms are defined where they first appear.

1. 1.1
   “ArtBoxes,” “we,” “us,” and “our” mean Isomorphic LLC, the operator of the Service.
2. 1.2
   “Service” means the ArtBoxes websites, applications, software interfaces, smart-contract systems, and supporting infrastructure that we make available.
3. 1.3
   “Account” means the user account associated with your authenticated identity on the Service.
4. 1.4
   “Artist” means a User who lists or sells a Collection through the Service.
5. 1.5
   “Buyer” or “Collector” means a User who purchases, acquires, or attempts to acquire a Box, Token, or other digital item through the Service.
6. 1.6
   “Collection” means a group of items configured by an Artist and made available through the Service.
7. 1.7
   “Box” means a digital item purchased by a Buyer that may be opened to produce one or more outcomes described on its Collection.
8. 1.8
   “Token” means a digital record representing ownership of a Box, an outcome, or an associated physical work.
9. 1.9
   “Claim” means a Buyer’s request to receive a physical work associated with a Token.
10. 1.10
    “Listing” means an offer to sell a Token on the Service’s secondary market.
11. 1.11
    “Public Network” means the public blockchain or distributed ledger on which Token ownership and transfer records are stored.
12. 1.12
    “Wallet” means the cryptographic key pair, custodial or non-custodial, used to hold or transfer Tokens.

2.Eligibility and acceptance

1. 2.1
   To use the Service you must be at least eighteen (18) years old and have the legal capacity to enter into binding contracts in your jurisdiction.
2. 2.2
   You may not use the Service if you are located in, ordinarily resident in, or a citizen of any jurisdiction subject to comprehensive economic sanctions administered by the United States Office of Foreign Assets Control (OFAC), nor may you be listed on any U.S. or applicable foreign sanctions list.
3. 2.3
   By using the Service you represent that you meet the eligibility requirements in this Section 2 and that all information you provide is accurate and complete.
4. 2.4
   Your continued use of the Service following the posting of updated Terms constitutes acceptance of those updated Terms.

3.Accounts and authentication

1. 3.1
   The Service uses Privy as its authentication and wallet-management provider. You may sign in using a supported method, which may include email, a third-party social account (including TikTok, Instagram, X / Twitter, Google, Apple, or Discord), or an externally connected Wallet. Your use of Privy is also governed by Privy’s terms.
2. 3.2
   You are responsible for maintaining the confidentiality of credentials, recovery information, and any Wallet associated with your Account. We cannot recover lost private keys, lost mnemonic phrases, or access to externally controlled Wallets.
3. 3.3
   You agree to provide accurate information when creating or updating your Account and to keep that information current.
4. 3.4
   You are responsible for all activity that occurs through your Account, including activity by anyone you have authorized.
5. 3.5
   You may not impersonate another person, create an Account using false information, or operate more than one Account to evade restrictions, abuse the Service, or manipulate marketplace activity.

4.The Service and our role

1. 4.1
   ArtBoxes provides software, marketplace infrastructure, and supporting tools that allow Artists to offer Collections and Buyers to discover, purchase, open, claim, and resell Tokens. ArtBoxes is not a party to any sale of an artwork between an Artist and a Buyer, nor between two Buyers on the secondary market.
2. 4.2
   ArtBoxes is not a custodian of physical artwork, an escrow agent, an insurer, an appraiser, a shipping company, a broker-dealer, a money services business, or a financial advisor. The Service is software that coordinates information and value among Users.
3. 4.3
   Nothing on the Service constitutes investment, legal, accounting, or tax advice. The acquisition, holding, and disposition of Tokens carries risk, including the risk of loss of the entire amount paid. You should evaluate that risk before acting.
4. 4.4
   The Service may evolve. New features may be added and existing features may be modified or discontinued, with or without notice, subject to the rights of Users who have already entered into a transaction on the Service.

5.Pricing, purchases, and settlement

1. 5.1
   Prices on the Service are denominated in United States dollars. Settlement occurs through stablecoin payment infrastructure operated by third parties; ArtBoxes does not custody fiat funds.
2. 5.2
   The terms shown on a Collection page at the time of purchase — including price, sale type, reveal mode, claim window, shipping region, and royalty rate — form part of the agreement for that specific purchase.
3. 5.3
   All purchases are final once a Box is acquired. Outcomes produced by opening a Box are determined by the rules configured by the Artist and recorded by the Service; ArtBoxes does not modify outcomes after the fact.
4. 5.4
   Fees, taxes, network fees, and any payment-processing costs disclosed at checkout are your responsibility unless the Collection expressly states otherwise.
5. 5.5
   If a purchase fails to settle for any reason, ArtBoxes will use reasonable efforts to either complete the transaction or restore the parties to their pre-transaction state, but does not guarantee a specific remedy.

6.Opening boxes and outcomes

1. 6.1
   Boxes are configured by the Artist. Each Collection page describes the possible outcomes, their relative weighting if disclosed, the reveal mode (synchronous or asynchronous), and any consolation outcomes.
2. 6.2
   Outcomes are produced by automated logic and, once recorded by the Service or on the Public Network, are not reversible by ArtBoxes.
3. 6.3
   Reveal timing may be immediate, delayed, or batched at the close of a sale window. The Collection page describes which mode applies before purchase.

7.Claims and physical fulfillment

1. 7.1
   If a Token entitles the holder to a physical work, the holder may submit a Claim during the claim window stated on the Collection page.
2. 7.2
   Shipping information you submit as part of a Claim is encrypted on your device using a public key controlled by the receiving Artist before it is transmitted. ArtBoxes operates the transport for this encrypted payload but does not hold the corresponding private key and cannot decrypt the contents.
3. 7.3
   The Artist is solely responsible for packaging, insuring, shipping, and delivering any physical work associated with a Claim. ArtBoxes is not the shipper.
4. 7.4
   If you do not submit Claim information before the claim window closes, the right to receive shipment of the physical work may lapse. You may still hold and sell the Token, subject to Collection terms.
5. 7.5
   Risk of loss of a physical work passes to the Buyer at the time of delivery to the address provided in the Claim.

8.Secondary market

1. 8.1
   The Service supports listing, bidding, and offering on Tokens that are eligible for resale under the rules of their Collection.
2. 8.2
   ArtBoxes charges a platform fee on secondary sales and routes a royalty share to the Artist as configured for the Collection. Fees and royalty rates are disclosed on the relevant Collection or Listing.
3. 8.3
   Listings are commitments to sell at the stated price until canceled or filled. Bids are commitments to buy. Marketplace mechanics are described on the Service and may be updated.
4. 8.4
   ArtBoxes does not guarantee liquidity, price, or that a Token will trade for any particular amount.

9.Public network records

1. 9.1
   Token ownership and transfer records are stored on a Public Network. Those records are public, immutable, and outside ArtBoxes’ control. We cannot edit, delete, or hide a transfer once recorded.
2. 9.2
   You acknowledge that activity on the Public Network may be visible to anyone with access to the network and may be linkable to your Wallet over time.

10.Prohibited conduct

You agree not to, and not to attempt to:

1. 10.1
   violate any applicable law, regulation, or third-party right;
2. 10.2
   circumvent fees, sale caps, allowlists, sanctions screens, age gates, or other access controls;
3. 10.3
   use bots, scrapers, or automated systems to access the Service, except for routine indexing of public pages by good-faith search engines;
4. 10.4
   engage in wash trading, price manipulation, self-dealing, or coordinated activity intended to mislead other Users;
5. 10.5
   post content that infringes intellectual property, impersonates a person or organization, or is unlawful, defamatory, harassing, or harmful;
6. 10.6
   interfere with the operation, integrity, or security of the Service, or probe or scan its vulnerability except under a coordinated disclosure program;
7. 10.7
   use the Service to launder funds, finance illegal activity, or evade tax or sanctions obligations.

11.Intellectual property

1. 11.1
   An Artist retains all copyright and other intellectual-property rights in their work, except as transferred or licensed expressly on the Collection page or by separate written agreement.
2. 11.2
   Purchase of a Token grants you ownership of the Token and, where applicable, the right to receive shipment of the associated physical work. Unless expressly stated, purchase does not transfer copyright or other intellectual-property rights in the underlying work.
3. 11.3
   The ArtBoxes name, logos, and Service interface are owned by ArtBoxes. You may not use them in a way that suggests endorsement or affiliation without our written permission.
4. 11.4
   By submitting content to the Service (including profile information, descriptions, images, or messages), you grant ArtBoxes a worldwide, non-exclusive, royalty-free license to host, display, and transmit that content as necessary to operate the Service.

12.Copyright claims

1. 12.1
   ArtBoxes responds to credible notices of alleged copyright infringement consistent with the Digital Millennium Copyright Act, 17 U.S.C. § 512.
2. 12.2
   To submit a notice, send the following to copyright@boxes.art: identification of the copyrighted work; identification of the allegedly infringing material and its location on the Service; your contact information; a statement of good-faith belief that the use is not authorized; a statement under penalty of perjury that the information is accurate and that you are authorized to act; and your physical or electronic signature.
3. 12.3
   Repeat infringers may have their Accounts terminated.

13.Artist obligations

1. 13.1
   An Artist represents and warrants that they hold all rights necessary to offer each work they list on the Service, including the right to reproduce, display, sell, and ship that work, and that the sale does not infringe any third-party right.
2. 13.2
   An Artist is responsible for accurate Collection descriptions, accurate edition counts, lawful fulfillment of Claims, applicable taxes on their sales, and compliance with consumer-protection laws in the jurisdictions they sell into.
3. 13.3
   An Artist is responsible for the custody and condition of physical works until delivery to the address provided in a Claim, and for using decrypted Claim shipping information only to fulfill the corresponding Claim.

14.Disclaimer of warranties

1. 14.1
   THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, ARTBOXES DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
2. 14.2
   ARTBOXES DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF MALICIOUS COMPONENTS, OR THAT ANY GIVEN OUTCOME, DELIVERY, OR VALUE WILL BE REALIZED.
3. 14.3
   ARTBOXES DOES NOT WARRANT THE AUTHENTICITY, CONDITION, PROVENANCE, OR DELIVERY OF PHYSICAL WORKS BEYOND THE INFORMATION PROVIDED BY THE ARTIST.

15.Limitation of liability

1. 15.1
   TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ARTBOXES, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, MEMBERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, OR THE COST OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ARTBOXES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2. 15.2
   TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF ARTBOXES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT OF PLATFORM FEES YOU PAID TO ARTBOXES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
3. 15.3
   SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR WARRANTIES. IN THOSE JURISDICTIONS THE LIMITATIONS ABOVE APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

16.Indemnification

1. 16.1
   You agree to defend, indemnify, and hold harmless ArtBoxes and its affiliates from and against any claim, demand, loss, liability, damage, cost, or expense (including reasonable attorneys’ fees) arising out of or related to (a) your use of the Service, (b) your breach of these Terms, (c) your violation of any law or third-party right, or (d) any content you submit to the Service.

17.Termination

1. 17.1
   You may stop using the Service at any time. Provisions that by their nature should survive termination — including Sections 9, 10, 11, 14, 15, 16, 17, 18, and 20 — survive.
2. 17.2
   ArtBoxes may suspend or terminate your access to all or part of the Service, with or without notice, if we reasonably believe you have violated these Terms, posed a risk to the Service or other Users, or violated applicable law.
3. 17.3
   Termination does not affect Tokens that remain in your Wallet. We cannot, however, restore your access to features of the Service after termination.

18.Governing law and disputes

1. 18.1
   These Terms and any dispute arising out of or related to them or the Service are governed by the laws of the Commonwealth of Massachusetts, United States, without regard to its conflict-of-laws principles.
2. 18.2
   Before initiating formal proceedings, you agree to attempt informal resolution by sending a written notice describing the dispute to legal@boxes.art and allowing sixty (60) days for ArtBoxes to respond.
3. 18.3
   If informal resolution fails, the dispute will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, with the seat of arbitration in Suffolk County, Massachusetts. Either party may bring an individual action in small-claims court for claims within that court’s jurisdiction.
4. 18.4
   To the fullest extent permitted by law, you and ArtBoxes each waive the right to participate in a class action, consolidated action, or representative proceeding. If the class waiver in this Section 18.4 is found unenforceable, then the entirety of Section 18.3 will be void as to the affected claim.
5. 18.5
   You may opt out of the arbitration requirement in Section 18.3 by sending written notice to legal@boxes.art within thirty (30) days of first accepting these Terms.

19.Changes to these terms

1. 19.1
   We may update these Terms from time to time. Material changes will be announced by updating the “Last updated” date at the top of this page and, where appropriate, by additional notice through the Service. Your continued use of the Service after a change takes effect constitutes acceptance of the updated Terms.

20.Miscellaneous

1. 20.1
   These Terms are the entire agreement between you and ArtBoxes regarding the Service, superseding any prior agreements on the same subject.
2. 20.2
   If any provision of these Terms is held unenforceable, that provision will be modified to the minimum extent necessary, and the remaining provisions will continue in full effect.
3. 20.3
   No waiver of any provision will be effective unless in writing and signed by us, and no failure to enforce a provision will constitute a waiver.
4. 20.4
   You may not assign these Terms or any rights or obligations under them without our prior written consent. We may assign these Terms in connection with a corporate reorganization, merger, sale, or financing.
5. 20.5
   Section headings are for convenience only and do not affect interpretation.

21.Contact

1. 21.1
   General questions: bryan@boxes.art
2. 21.2
   Legal notices and disputes: legal@boxes.art
3. 21.3
   Copyright claims: copyright@boxes.art
4. 21.4
   Mailing address: Isomorphic LLC, Boston, Massachusetts, United States.