Terms of Service
May 12th, 2025
The website located at artu.artacle.io (the "Website”) is the intellectual property of Artulabs Limited ("Artulabs”), a company registered in Hong Kong (hereinafter collectively referred to as "we” "our” or "us”). The following Terms and Conditions also incorporate by reference our Privacy Policy, and all other applicable operating rules, policies, schedules and other terms and conditions or documents that may be published from time to time (collectively, the "Terms and Conditions” or this "Agreement”). Our Website, together with any content, functionality, and services offered on or through our Website, and all of the existing and any updated or new content, features, functionalities, materials, social media pages, shall be collectively referred to as the "Services.”
These Terms and Conditions explain the terms and conditions by which you may access and use the Services provided by us. Please review these Terms and Conditions carefully before accessing the Website or any of the Services. The Terms and Conditions supersede all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to your use of the Services. If you do not agree to the Terms and Conditions in its entirety, you should not use the Website or any of the Services in any manner or form whatsoever.
THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER AGAINST ARTULABS LIMITED, ITS AFFILIATES, MANAGERS, MEMBERS, SERVICE PROVIDERS, PARTNERS, ADVISORS, AND VENDORS (COLLECTIVELY, "COVERED PARTIES”), WHO ARE THE EXPRESS THIRD-PARTY BENEFICIARIES OF THE MANDATORY ARBITRATION PROVISION. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THIS AGREEMENT.
You agree to the Terms and Conditions in its entirety when you: (a) access or use the Website; (b) access and/or view any of the: (i) links to third-party resources and other information ("Third-Party Links”) through the Website; and/or (ii) videos, audio, stories, testimonials, text, photographs, graphics, artwork, information and/or other content that may be featured on the Website (the "Website Content", and together with the Third-Party Links, the "Content"); (d) purchase any of the BASE blockchain-based fungible cryptographic assets known as ARTU TOKENS or "$ARTU” featured on the Website (the "Artu tokens”); and/or (e) utilize the various registration forms, contact forms and/or contact information made available on the Website.
$ARTU IS INTENDED TO FUNCTION AS AN EXPRESSION OF SUPPORT FOR, AND ENGAGEMENT WITH, THE IDEALS AND BELIEFS THE BLOCKCHAIN DECENTRALISED DIGITAL ART COMMUNITY AND ARE NOT INTENDED TO BE, OR TO BE THE SUBJECT OF, AN INVESTMENT OPPORTUNITY, INVESTMENT CONTRACT, OR SECURITY OF ANY TYPE.
$ARTU IS NOT INTENDED TO BE DISTRIBUTED TO ANY PERSON OR ENTITY IN ANY JURISDICTION WHERE SUCH TRANSACTIONS ARE RESTRICTED OR PROHIBITED UNDER APPLICABLE LAWS. IT IS YOUR RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE LAWS OF YOUR JURISDICTION IN CONNECTION WITH YOUR PURCHASE, TRADE OR SALE OF $ARTU. $ARTU HAS NOT BEEN REGISTERED UNDER ANY LAWS OF ANY JURISDICTION.
1. Nature of the Tokens
- $ARTU is a utility token designed solely for use within the digital art ecosystem. It does not represent monetary value, equity, profit-sharing rights, dividends, ownership interest, or any form of financial claim against Artulabs or any third party.
- $ARTU are intended to be securities, commodities, or other regulated financial instruments under the laws of Hong Kong or any other jurisdiction.
2. No Investment, No Expectation of Profit
- Artulabs has not conducted, and will not conduct, any form of token public pre-sale for $ARTU.
- Tokens are distributed without monetary contribution from users. There is no offer, promise, or expectation of future financial returns or capital appreciation from holding $ARTU.
- Users should not interpret token ownership as an investment or speculative profit opportunity.
3. Distribution via Airdrops
As part of the airdrop process, users are required to explicitly complete a claim procedure. By doing so, users confirm that they do so voluntarily, at their own risk, and in compliance with the applicable laws of their respective jurisdictions.
Airdrops of $ARTU may occur at the discretion of Artulabs. To ensure fair and compliant distribution, the following practices are followed:
- No monetary contribution — Tokens are distributed freely; no purchase is required.
- No investment expectation — Artulabs does not promote or imply future financial gain.
- Linked to usage/participation — Airdrops are based on user activity in the digital art ecosystem, community contribution, or other non-monetary actions.
- Reasonable allocation — Distribution amounts are proportional and aligned with ecosystem growth.
- No investment marketing — Tokens are not marketed as profit instruments.
4. Eligibility and Use
- The Services are available only to individuals who can enter into legally binding contracts under applicable law. The Services are not intended for use by individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their respective jurisdictions). If you are under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in your jurisdiction) and/or if you are unable to enter into legally binding contracts and/or you are a Prohibited Party (defined below) you do not have permission to use and/or access the Services, and we may terminate your access to the Services at any time and for any reason in our sole discretion. In the case where you are an entity, you can only access the Services if you are duly incorporated, validly existing and in good standing under the laws of the jurisdiction of your incorporation.
- Access to tokens and participation in the ecosystem may be limited or restricted in jurisdictions where such activities are prohibited or restricted by law. Users confirm that they participate voluntarily, at their own risk, and in compliance with the applicable laws of their respective jurisdictions.
- Tokens may be used only for the purposes explicitly supported by the digital art ecosystem (e.g., governance, minting index tokens, accessing features).
5. Taxation and Regulatory Compliance
- You are solely responsible for reporting and paying any taxes applicable to your use of the Services or the purchase, trade or sale of $ARTU.
- Artulabs makes no representations regarding the legal or regulatory treatment of tokens in any jurisdiction. It is your responsibility to assess whether your interaction with tokens is compliant with local laws.
6. Risks and Disclaimers
- Participation in the digital art ecosystem and any interaction with its tokens carries inherent risks, including but not limited to loss of digital assets, market volatility, smart contract vulnerabilities, and regulatory changes.
- Artulabs does not guarantee any value, price stability, utility, liquidity, or continued availability of $ARTU.
- Please be aware that the price of $ARTU may be extremely volatile and you may experience substantial losses in connection with a sale or other disposition of $ARTU. We make absolutely no promise or guarantee that $ARTU will increase in value or maintain the same value as the amount you paid to purchase same. No information and/or Content made available by and through the Services is or should be considered advice or recommendation or an invitation to enter into an agreement for any investment purpose. Further, no element of the Services qualifies or is intended to be an offering of securities in any jurisdiction, nor does it constitute an offer or an invitation to purchase shares, securities or other financial products. IT REMAINS YOUR SOLE AND EXCLUSIVE RESPONSIBILITY TO ASSURE THAT THE PURCHASE AND SALE OF $ARTU AND THE USE OF CRYPTOCURRENCIES COMPLIES WITH LAWS AND REGULATIONS IN YOUR JURISDICTION AND ALL APPLICABLE JURISDICTIONS.
- $ARTU MAY LOSE ALL VALUE AND YOU SHOULD NOT ACQUIRE THEM UNLESS YOU ARE PREPARED TO ACCEPT THAT RISK.
- ALL TRANSACTIONS OF $ARTU ARE FINAL AND NON-REFUNDABLE. We shall have no responsibility or liability for any Trump Memes that are lost, misplaced, or inaccessible.
- You assume all risks associated with using an Internet-based blockchain networks including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored on the blockchain and/or within your Wallet. Cryptographic assets, cryptocurrencies and blockchain technology are relatively new and the regulatory landscape is unsettled.
- We do not guarantee that the Services can be accessed: (i) on all mobile devices; (ii) through all wireless service plans; (iii) in connection with all Internet browsers; and/or (iv) in all geographical areas. Standard messaging, data, Internet usage and blockchain transaction fees may apply to use of the Services. You are fully responsible for all such charges and we have no liability or responsibility to you, whatsoever, for any such charges.
6.1. Collateral Liquidation Risk
If $ARTU is used as collateral, users should be aware that a sudden drop in the value of $ARTU may trigger liquidation of their collateral. Users participate in the minting process at their own risk and are responsible for monitoring the value of their collateral. It is the user's responsibility to maintain a sufficient collateral ratio and to top up their collateral if necessary.
7. Intellectual Property
- All content, technology, branding, and documentation related to $ARTU and the digital art ecosystem are the property of Artulabs or its licensors.
- You may not use, copy, reproduce, or distribute any intellectual property without prior written consent.
8. Indemnification And Dispute Resolution
- Indemnification. To the fullest extent permissible by applicable law, you agree to indemnify and hold the Covered Parties harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Services; (b) your breach of the Terms and Conditions and/or violation of Applicable Law; (c) any dispute between you and any other users and/or other third parties; (d) any claim that we owe any taxes, fees, penalties or fines in connection with your use of the Services; and/or (e) your violation of any rights of another individual and/or entity. The provisions of this Section "Indemnification” are for the benefit of us and the other Covered Parties. To the fullest extent permissible by applicable law, each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
- Disclaimer of Warranties. THE SERVICES, INCLUDING $ARTU, MATERIAL, AND/OR SERVICES OFFERED IN CONNECTION WITH SAME, ARE PROVIDED TO YOU ON AN "AS IS” AND "AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THEIR FUNCTIONALITY, RELIABILITY, OR AVAILABILITY ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS OR OTHER MALICIOUS, DESTRUCTIVE OR CORRUPTING CODE, AGENT, PROGRAM OR MACROS, THIS AGREEMENT OR ANY INFORMATION AND MATERIALS PROVIDED TO YOU). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE MAKE NO WARRANTY THAT THE SERVICES, INCLUDING $ARTU, MATERIAL, AND/OR ANY OTHER SERVICES OFFERED IN CONNECTION WITH SAME, AS WELL AS ANY BLOCKCHAIN TECHNOLOGY: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF SAME, OR AGAINST INFRINGEMENT; (E) WILL RESULT IN ANY SPECIFIC INVESTMENT INCOME, REVENUE OR OTHER FINANCIAL OUTCOME; AND/OR (F) WILL BE ACCURATE OR RELIABLE. THE SERVICES, MATERIAL AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED IN CONNECTION WITH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE WEBSITE OR ANY OF THE UNDERLYING BLOCKCHAIN NETWORK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANY SOURCE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED UPON ANY REPRESENTATIONS OR WARRANTIES MADE BY US ON OR BY ANY PERSON ON BEHALF OF US.
- Please be aware that the price of $ARTU may be extremely volatile, and price fluctuations in cryptocurrencies could impact the price of the Art Tokens both positively and negatively. $ARTU should not under any circumstances be considered an investment opportunity, investment contract, or security of any type, as more fully explained and agreed above. You assume all risks in connection therewith. This Website and its contents are for informational purposes only. No information and/or Content made available by and through the Services constitutes or should be considered financial, investment, legal or other professional advice or recommendation. $ARTU is not designed or intended as an investment opportunity, investment contract, or security of any type and should not be considered a financial investment. Further, no element of the Services qualifies or is intended to be a solicitation or an offering to buy or sell securities, financial products, or services, in any jurisdiction, nor does it constitute an offer or an invitation to purchase shares, securities or other financial products or services. IT REMAINS YOUR SOLE AND EXCLUSIVE RESPONSIBILITY TO ASSURE THAT THE PURCHASE AND SALE OF $ARTU, AND THE USE OF CRYPTOCURRENCIES, COMPLIES WITH LAWS AND REGULATIONS IN YOUR JURISDICTION.
- You assume all risks associated with using an Internet-based blockchain technology and cryptographic asset including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your Wallet, as more fully explained and agreed above. Cryptographic assets, cryptocurrencies and blockchain technology are relatively new and the regulatory landscape is unsettled, as more fully explained and agreed above. New regulations could negatively impact such technologies impacting the value for your $ARTU. You understand and accept all risk in that regard, as more fully explained and agreed above. Without limiting the foregoing, you assume all responsibility for any adverse effects of disruptions or other issues impacting the Base blockchain, as more fully explained and agreed above. We do not guarantee the functionality, reliability, transferability, or future availability of $ARTU in the event of disruptions, regulatory changes, or other unforeseen circumstances.
- LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, ENHANCED AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, STATUTORY DAMAGES, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SERVICES, $ARTU, MATERIAL, AND/OR ANY OTHER SERVICES OFFERED IN CONNECTION WITH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE WEBSITE; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; (D) ANY MATTER RELATED TO THE BLOCKCHAIN NETWORK, CRYPTOCURRENCIES AND/OR ANY BLOCKCHAIN-BASED WALLET; (E) THE FAILURE TO REALIZE ANY REVENUE OR OTHER FINANCIAL OUTCOME; AND/OR (F) ANY OTHER MATTER RELATING TO THE SERVICES, $ARTU, MATERIAL, AND/OR ANY OTHER SERVICES OFFERED IN CONNECTION WITH SAME. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, VIOLATIONS OF LAW AND CIVIL REMEDIES BASED THEREON, DECEPTIVE AND UNFAIR TRADE PRACTICES, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, YOU HEREBY RELEASE US FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, OUR MAXIMUM LIABILITY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED U.S. DOLLARS (US$500.00). THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF OUR BARGAIN AND THE BASIS FOR WHICH WE ARE PERMITTING YOUR ACCESS TO THE SERVICES, $ARTU, MATERIAL, AND/OR ANY OTHER SERVICES OFFERED IN CONNECTION WITH SAME WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND, IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- Dispute Resolution Provisions. The Terms and Conditions shall be governed by and construed in accordance with the laws of Hong Kong (without regard to conflict of law principles). The parties (and Covered Parties) hereby agree to arbitrate all claims that may arise under and/or relate to the Services and/or the Terms and Conditions. Without limiting the foregoing, should a dispute arise between the parties/any Covered Parties including, without limitation, any matter concerning the Services, the terms and conditions of the Terms and Conditions or the breach of same by any party hereto: (a) the parties/Covered Parties agree to submit their dispute for resolution by arbitration before The Hong Kong International Arbitration Centre (HKIAC), in accordance with their then-current commercial arbitration rules; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice to Artulabs.
- The Covered Party(ies) named in your Initial Dispute Notice (collectively, the "Named Parties”) may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice ("Final Settlement Offer”). If the applicable Named Party(ies) provide(s) you with a Final Settlement Offer and you do not accept it, or such Named Party(ies) cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before the HKIAC by filing a separate Demand for Arbitration.
- CLASS ACTION WAIVER: To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against any of the Covered Parties. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that any Covered Party incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Website.
9. Modifications
Artulabs may revise these Terms at any time. Updated versions will be posted on the official website or application. Continued use of tokens after updates constitutes acceptance of the revised Terms.
10. Miscellaneous
Should any part of the Terms and Conditions be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. These Terms and govern all uses of the Services. To the extent that anything in or associated with the Services is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall take precedence. Any failure to enforce any provision of the Terms and Conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Terms and Conditions.
For inquiries or further clarification, please contact support@artacle.io as a representative for Artulabs Limited.