Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," "your") and RedPhantomOps LLC, a Florida limited liability company ("Company," "we," "us," "our"), governing your access to and use of the Artistico platform, website, and related services (collectively, the "Platform").

By creating an account, accessing, or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree, you must not access or use the Platform.

2. Company Identity

Artistico is owned and operated by RedPhantomOps LLC, a limited liability company organized under the laws of the State of Florida, United States of America. For legal inquiries, contact legal@redphantomops.com.

3. Eligibility

You must be at least eighteen (18) years of age, or the age of majority in your jurisdiction (whichever is greater), to use the Platform. By using the Platform, you represent and warrant that you meet this requirement and have the legal capacity to enter into these Terms. We do not knowingly collect information from or direct the Platform to individuals under 18.

4. Account Registration & Responsibility

To access certain features, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration and keep it up to date.
• Maintain the confidentiality of your password and account credentials.
• Not share, transfer, or permit others to use your account.
• Immediately notify us of any unauthorized use of your account.

You are solely responsible for all activity under your account. We are not liable for any loss arising from unauthorized use of your account.

5. Platform Role & Marketplace Disclaimer

Artistico is a marketplace platform — we are not the seller, manufacturer, supplier, or provider of any goods or services listed on the Platform. We provide the technology infrastructure that connects hobby creators ("Sellers") with buyers ("Buyers"). All transactions are directly between Sellers and Buyers.

We do not inspect, verify, endorse, guarantee, or warrant the quality, safety, legality, accuracy, or authenticity of any listed items, seller representations, or user content. We are not responsible for the performance or conduct of any Seller or Buyer.

6. User-Generated Content

You retain ownership of all content you submit to the Platform ("User Content"), including product listings, project descriptions, images, and messages. By submitting User Content, you grant RedPhantomOps LLC a non-exclusive, worldwide, royalty-free, sublicensable license to use, display, reproduce, modify, and distribute your User Content solely for the purposes of operating, promoting, and improving the Platform.

You represent and warrant that you own or have the necessary rights to all User Content you submit and that such content does not infringe upon the intellectual property, privacy, or other rights of any third party.

7. Acceptable Use Policy

You agree not to use the Platform to:

• Violate any applicable federal, state, local, or international law or regulation.
• List, sell, or facilitate the sale of prohibited items, including but not limited to: weapons, ammunition, explosives, controlled substances, tobacco products, hazardous materials, stolen property, counterfeit goods, or items that infringe third-party intellectual property.
• Engage in fraud, misrepresentation, identity theft, or deceptive practices.
• Harass, threaten, abuse, or discriminate against other users.
• Distribute spam, malware, or engage in phishing activities.
• Scrape, crawl, or use automated means to access the Platform without our prior written consent.
• Manipulate prices, reviews, search results, or platform features.
• Circumvent or interfere with platform security or access controls.

We reserve the right to remove any content and to suspend or permanently terminate any account that violates this policy, at our sole discretion and without prior notice.

8. Marketplace Fees

Artistico charges a marketplace commission of five percent (5%) on each completed transaction ("Platform Fee"). The Platform Fee is deducted from the sale amount before the Seller receives their payout. Payment processing fees charged by Stripe, Inc. are additional and are not set or controlled by us.

The Platform Fee is non-refundable, even in the event of a product refund. Sellers receive payouts via Stripe Connect. See our Payment Terms for detailed payment information.

9. Intellectual Property & DMCA

We respect intellectual property rights and expect all users to do the same. Sellers warrant that they hold sole ownership or valid license rights to all content they list on the Platform.

DMCA Takedown Procedure

If you believe content on Artistico infringes your copyright, you may submit a notice pursuant to the Digital Millennium Copyright Act ("DMCA") to our designated agent at legal@redphantomops.com. Your notice must include:

• Identification of the copyrighted work claimed to be infringed.
• Identification of the infringing material and its location on the Platform.
• Your contact information (name, address, telephone, email).
• A statement that you have a good faith belief that the use is not authorized.
• A statement, under penalty of perjury, that the information is accurate and that you are the copyright owner or authorized to act on behalf of the owner.
• Your physical or electronic signature.

Counter-Notification

If you believe your content was removed in error, you may file a counter-notification with the same designated agent. Counter-notices must include the information required by 17 U.S.C. § 512(g).

Repeat Infringer Policy

We will terminate the accounts of users who are repeat infringers of intellectual property rights in appropriate circumstances.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

IN NO EVENT SHALL REDPHANTOMOPS LLC, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE PLATFORM, ANY TRANSACTION CONDUCTED THROUGH THE PLATFORM, OR ANY CONDUCT OF ANY THIRD PARTY ON THE PLATFORM.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

11. Indemnification

You agree to indemnify, defend, and hold harmless RedPhantomOps LLC, its members, managers, officers, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of or access to the Platform; (b) your User Content; (c) any transaction you enter into through the Platform; (d) your violation of these Terms; or (e) your violation of any rights of any third party.

12. Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions.

12.2 Informal Resolution

Before initiating any formal dispute proceedings, you agree to first attempt to resolve any dispute informally by contacting us at legal@redphantomops.com. We will attempt to resolve the dispute within thirty (30) days. If the dispute is not resolved within this period, either party may proceed as outlined below.

12.3 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS. Any dispute, claim, or controversy arising out of or relating to these Terms or the Platform that is not resolved informally shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration shall be conducted in the State of Florida. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

12.4 Class Action Waiver

YOU AND REDPHANTOMOPS LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.

12.5 Small Claims Exception

Notwithstanding the above, either party may bring an individual action in small claims court for disputes or claims within the court's jurisdictional limit (generally up to $10,000).

12.6 Venue

For any claims not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in the State of Florida.

13. Payment Processing Disclaimer

All payment processing on the Platform is handled by Stripe, Inc. ("Stripe"), a third-party payment processor. By using the Platform, you agree to be bound by Stripe's Terms of Service and Privacy Policy.

We are not responsible for any errors, outages, delays, or failures in payment processing by Stripe. We do not store your credit card or bank account information on our servers. See our Payment Terms for full details.

14. Termination

We may suspend or terminate your account and access to the Platform at our sole discretion, with or without cause and with or without notice, including for violation of these Terms. Upon termination:

• Your right to access and use the Platform will immediately cease.
• We may retain data as required by law or legitimate business interests.
• Pending transactions will be completed or canceled at our discretion.
• Outstanding seller payouts for completed, undisputed orders will be disbursed per our Seller Agreement.

You may delete your account at any time by contacting support@redphantomops.com. Sections that by their nature should survive termination (including, without limitation, Sections 6, 10, 11, 12, and 16) will survive.

15. Modification of Terms

We reserve the right to modify these Terms at any time. For material changes, we will provide at least thirty (30) days' advance notice by posting the updated Terms on the Platform and updating the "Last Updated" date. For registered users, we may also send notice via email. Your continued use of the Platform after the effective date of the revised Terms constitutes acceptance.

16. General Provisions

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed. The remaining provisions shall remain in full force and effect.

Entire Agreement

These Terms, together with the Privacy Policy, Refund Policy, Seller Agreement (if applicable), and Payment Terms, constitute the entire agreement between you and RedPhantomOps LLC with respect to the Platform and supersede all prior or contemporaneous agreements.

Waiver

The failure of RedPhantomOps LLC to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

Force Majeure

We shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to natural disasters, pandemics, government actions, internet or telecommunications failures, or third-party service outages.

17. Contact Information

For questions about these Terms, contact: