General Terms and Conditions (GTC)

for the use of the OpenArtRoom platform
Version: 11 April 2026

1. Provider, scope of application

1.1 These General Terms and Conditions (“GTC”) apply to all contracts between

Niklaus Olsen
Sole proprietor
Taruper Hauptstr. 164
24943 Flensburg
Germany
Authorized representative: Niklaus Olsen
Email: kontakt@openartroom.com
Website: openartroom.com

– hereinafter referred to as the “Provider” –

and the users of the online platform OpenArtRoom – hereinafter referred to as the “User” – concerning the use of the digital services provided by the Provider.

1.2 The platform is aimed at visual artists as well as other persons or institutions who wish to present physical artworks in a digital, curated, and presentation-oriented online showroom.

1.3 These GTC apply both to consumers within the meaning of Section 13 of the German Civil Code (BGB) and to entrepreneurs within the meaning of Section 14 BGB, unless an explicit distinction is made in these GTC.

1.4 Any deviating general terms and conditions of the User shall not apply unless the Provider expressly agrees to their application in text form.

2. Subject matter of the contract and service description

2.1 The Provider operates a web-based platform for presenting physical artworks in digital form. In particular, the platform enables the creation and operation of a minimalist, presentation-focused showroom for visual art.

2.2 The subject matter of the contract is the provision of the respectively booked functions of the platform as a digital service. The specific scope of services results from the selected plan, the service description on the website, and these GTC.

2.3 The platform is not a sales platform for artworks, not an online marketplace for concluding purchase contracts for artworks, and not a payment processing service. As a rule, no purchase contracts for presented works are brokered or concluded between Users and third parties via the platform, unless the Provider expressly states otherwise on the website.

2.4 In particular, the Provider does not owe any commercial success, any specific reach, any specific number of profile views, any mediation of contacts, any sales, exhibitions, press coverage, or acceptance by galleries, curators, or collectors.

2.5 If the Provider highlights works, profiles, or showrooms on the landing page or elsewhere, this is done according to the Provider’s applicable internal product, curatorial, editorial, technical, or usage-related criteria. There is no entitlement to any specific placement, visibility, duration, order, or reach unless expressly agreed otherwise.

3. Registration and user account

3.1 The use of certain functions requires the creation of a user account.

3.2 The User is obliged to provide complete and accurate information during registration and to update such information without delay in the event of changes.

3.3 Access credentials must be kept confidential by the User and protected against access by unauthorized third parties.

3.4 The User may not transfer their user account to third parties without the Provider’s consent.

3.5 The Provider is entitled to reject registrations if there are objective reasons, in particular incomplete information, indications of legal violations, multiple registrations for abusive purposes, or breaches of these GTC.

4. Plans and scope of services

4.1 The Provider offers, in particular, the following plans:

a) Explorer

• free of charge
• up to 3 works
• basic showroom

b) Atelier

• €4.99 per month
• up to 10 works
• custom subdomain for the artist profile
• 2 showcase slots on the landing page

c) Studio

• €14.99 per month
• up to 150 works
• 5 showcase slots on the landing page
• visitor analytics
• PDF export for gallery portfolios

4.2 The service description published on the website at the time the contract is concluded shall be decisive.

4.3 The Provider is entitled to further develop, adapt, or modify functions, provided that

• this is necessary for technical, legal, or security-related reasons,
• the change serves to maintain or improve the platform,
• and the User is not unreasonably disadvantaged as a result.

4.4 Free functions and trial or complimentary offers may be changed, restricted, or discontinued by the Provider with due consideration of the User’s interests, provided that this does not deprive the User of an already paid service entitlement.

5. Conclusion of the contract

5.1 The presentation of services on the website does not constitute a binding offer by the Provider, but rather an invitation to the User to submit an offer to conclude a contract.

5.2 By submitting the registration or by clicking the button to subscribe to a paid plan, the User submits a binding offer to conclude the respective usage contract.

5.3 The contract is concluded when the Provider expressly accepts the offer, activates access to the booked plan, or sends the User a booking or contract confirmation in text form.

5.4 The contract is concluded in German.

5.5 The User may identify and correct input errors before the binding submission of their declaration using the technical means provided in the ordering process.

6. Prices, payment terms, due date

6.1 For paid plans, the prices displayed on the website at the time the contract is concluded shall apply.

6.2 The Provider is a small business owner within the meaning of Section 19 of the German VAT Act (UStG). The prices displayed on the website are final prices; no VAT is charged or shown.

6.3 Unless otherwise stated in the ordering process, the remuneration is due monthly in advance.

6.4 The User is obliged to provide a valid payment method and to ensure sufficient funds or redeemability.

6.5 If the User defaults on due payments, the Provider is entitled, after prior reminder and expiry of a reasonable deadline, to temporarily block access to paid functions, unless mandatory statutory provisions prevent this.

6.6 In accordance with the service description, the platform does not charge sales commissions for works presented via the platform. Any fees beyond the expressly stated plan prices shall only be charged if they were clearly indicated before the contract was concluded.

7. Term, renewal, plan changes, termination

7.1 The contract for free plans runs for an indefinite period and may be terminated by either party at any time, unless a deviating provision applies to individual functions.

7.2 Contracts for paid plans are concluded for an indefinite period and may be terminated by either party with effect at the end of the current billing period, unless a deviating legally permissible provision is displayed on the website or in the ordering process.

7.3 The right to extraordinary termination for good cause remains unaffected.

7.4 A change of plan is possible in accordance with the functions provided on the platform. Upgrades may take effect immediately or at the beginning of the next billing period. Downgrades generally take effect at the end of the current billing period, unless otherwise provided for technical or organizational reasons.

7.5 After a downgrade or after the end of the contract, the User is responsible for backing up or exporting their content and data in good time. If the new plan provides for lower storage, work, or function limits, the Provider may restrict further use of certain functions until plan-compliant conditions have been restored.

7.6 If the contract can be concluded online with a consumer via a website or app and concerns a paid continuing obligation, the Provider shall provide the legally required termination option on the online user interface.

8. Right of withdrawal for consumers

8.1 Consumers may have a statutory right of withdrawal when concluding paid plans.

8.2 Details of the right of withdrawal are set out in the Provider’s separate withdrawal policy.

8.3 Where legally required, the Provider shall additionally provide an electronic withdrawal function on its online user interface.

8.4 If the consumer requests that the Provider begin performing the service before the expiry of the withdrawal period, the statutory provisions on commencement of performance, possible compensation for value, and any expiry of the right of withdrawal shall apply.

9. Provision, availability, maintenance

9.1 The Provider makes the platform available within the scope of technical and operational possibilities.

9.2 Uninterrupted, always fault-free availability is not owed.

9.3 The Provider is entitled to temporarily restrict the platform for maintenance work, updates, security measures, or capacity-related matters, provided this is done with due consideration of the Users’ interests.

9.4 The Provider may carry out security updates, bug fixes, technical adjustments, and further developments insofar as this is necessary or objectively justified for the maintenance, security, or improvement of the platform.

10. User content, warranty of rights, license

10.1 Within the scope of the available functions, the User may upload in particular images of artworks, work data, titles, dimensions, descriptions, biographical information, texts, PDF content, and other information.

10.2 The User warrants that

• they hold all rights required for the use, reproduction, public accessibility, and processing on the platform,
• the uploaded content does not infringe any third-party rights, in particular copyrights, related rights, trademarks, name rights, design rights, property rights, data protection rights, or personality rights,
• and the information regarding the work, authorship, and context is accurate to the best of their knowledge.

10.3 For the duration of the contract, the User grants the Provider a simple, non-exclusive right, geographically limited to the contractually compliant worldwide online provision, to

• store the content,
• technically reproduce it,
• host it on servers,
• make it publicly accessible,
• convert it into preview images, thumbnails, or layout variants,
• display it on the platform, landing pages, and in discovery elements,
• and process it within the scope of the booked functions, in particular for PDF exports.

10.4 The granting of rights takes place exclusively for the purpose of providing the contractually owed platform functions and operating the platform technically and visually.

10.5 The User may request that the Provider remove individual content, unless statutory retention obligations, legitimate interests of the Provider, or ongoing technical processes prevent this.

11. Discovery, showcase slots, curatorial selection

11.1 Where a plan includes showcase slots or comparable highlighting functions, the User receives the right to use the number of corresponding placements specified in the respective plan within the platform logic provided by the Provider.

11.2 The specific presentation, integration, duration, order, design, and technical delivery of such placements shall be determined by the Provider’s product design.

11.3 Through showcase slots or discovery functions, the Provider does not owe, in particular, any specific visibility, any specific number of impressions, any specific interaction rate, or any commercial or reputational success.

11.4 The Provider is entitled to exclude content from discovery or showcase areas if objective reasons exist, in particular legal violations, quality defects, technical problems, incomplete information, or breaches of these GTC.

12. Subdomains

12.1 Where the booked plan includes a custom subdomain, the Provider assigns the User a subdomain within the domain structure operated by the Provider, subject to technical availability.

12.2 There is no entitlement to a specific subdomain, in particular in the case of technical, organizational, trademark-related, or other legal obstacles.

12.3 When choosing designations, the User is obliged not to infringe any third-party rights and not to use misleading, unlawful, or confusingly similar designations.

12.4 Upon termination of the relevant plan, the right to use the subdomain ends. The Provider is entitled to deactivate, reassign, or redirect the subdomain, unless mandatory statutory requirements prevent this.

13. Analytics and PDF export

13.1 Where visitor analytics are part of the booked plan, they serve exclusively to inform and guide the User.

13.2 The Provider does not warrant the seamless, always complete, or in every respect error-free collection or evaluation of usage data, unless mandatory law provides otherwise.

13.3 PDF export functions serve to create digital presentation materials based on the content uploaded by the User. The User is responsible for the accuracy of the content, legal permissibility, and third-party use of the exported documents.

14. Prohibited use

14.1 The User is prohibited from any use of the platform that violates applicable law, official orders, third-party rights, or these GTC.

14.2 In particular, it is prohibited to upload, link to, or distribute content

• that infringes copyrights, trademarks, name rights, design rights, data protection rights, or personality rights,
• that contains false or misleading information about works, authorship, provenance, availability, or awards,
• that is insulting, discriminatory, incites hatred, is harmful to minors, pornographic, glorifies violence, or is otherwise unlawful,
• or that contains malware, abusive scripts, or other elements that endanger security.

14.3 The following are also prohibited in particular:

• the abusive creation of multiple accounts,
• automated access outside approved interfaces,
• scraping, crawling, or systematic data extraction without consent,
• circumvention of technical protection measures,
• and any use that endangers the stability, security, or availability of the platform.

14a. Moderation rules for artworks, graduated measures, and procedure

We do not remove art because of taste, provocation, or artistic quality, but because of clearly defined legal, safety, or protection-related violations.

14a.1 Prohibited artworks

Artworks are not permitted on the platform if they

• contain or promote unlawful content, for example incitement to hatred, terrorist propaganda, prohibited symbols, illegal pornography, or clear copyright infringements;
• promote hatred, violence, or dehumanization against persons or groups based on origin, religion, gender, sexual orientation, disability, or similar characteristics;
• contain sexual depictions of minors or sexualize minors, including in stylized, drawn, or AI-generated form;
• show non-consensual nudity, sexualized violence, or extreme glorification of violence;
• specifically contain harassment, doxxing, or threats against real persons;
• are deceptively presented as the work of another artist or obviously infringe trademarks, personality rights, or copyrights;
• constitute spam, fraud, or manipulative content, such as fake provenances, fraudulent offers, or misleading information.

14a.2 Graduated measures

In the event of violations of the above rules, we may in particular

• hide, block, or delete individual artworks;
• restrict the visibility of individual content or profiles;
• apply warnings or age restrictions;
• restrict upload, sales, or comment functions;
• temporarily suspend artist profiles;
• permanently remove artist profiles from the platform, especially in the case of serious, repeated, or intentional violations.

14a.3 Account and artist deletion

We may completely remove an artist profile if

• these guidelines are repeatedly violated;
• particularly serious content is published;
• the platform, other Users, or third parties are significantly endangered;
• the artist uses false identities, fraud, or systematic rights violations.

14a.4 Procedure and complaint option

Affected artists will generally be informed of the measure and the reason for it, unless legal or security-related reasons prevent this. They may request a review of the decision. A message to kontakt@openartroom.com is sufficient.

Users and third parties may report potentially illegal content at any time via the same address. Reports will be reviewed promptly; the reporting person will be informed of the outcome insofar as this is legally permissible and practically possible.

These provisions also serve to provide transparency regarding our moderation decisions within the meaning of the relevant regulations for digital services, in particular the Digital Services Act.

15. Blocking, removal of content, measures in the event of violations

15.1 In the event of violations of these GTC or concrete indications of legal violations, the Provider is entitled to temporarily block or remove individual content, restrict functions, deactivate subdomains, or fully or partially block user accounts.

15.2 When selecting the measure, the Provider takes into account the legitimate interests of the affected User and the severity of the violation.

15.3 Where possible and reasonable, the Provider will inform the User in advance and give them the opportunity to comment or remedy the situation. This does not apply if immediate action is required for legal, security-related, or operational reasons.

16. Defect rights

16.1 The statutory provisions on defect rights apply.

16.2 If the User is an entrepreneur, claims for defects shall become time-barred within twelve months from provision of the respective service, subject to mandatory statutory provisions.

16.3 The statutory provisions for digital products and digital services remain unaffected insofar as they are applicable.

17. Liability

17.1 The Provider is liable without limitation

• in the event of intent and gross negligence,
• in the event of culpable injury to life, body, or health,
• under the German Product Liability Act,
• and in all other cases in which unlimited liability is mandatory by law.

17.2 In the event of simple negligence, the Provider shall only be liable for the breach of a material contractual obligation whose fulfillment is essential for the proper performance of the contract and on whose compliance the User may regularly rely. In this case, liability is limited to the typical, foreseeable damage.

17.3 Otherwise, the Provider’s liability for simple negligence is excluded.

17.4 Where the Provider’s liability is excluded or limited, this shall also apply in favor of the Provider’s legal representatives, corporate bodies, employees, and vicarious agents.

17.5 The Provider is not liable for the content, information, or legality of the content uploaded by the User, unless the Provider is itself responsible for such content.

17.6 In particular, the Provider is not liable for the commercial success of platform use, the establishment of contacts, the conclusion of transactions outside the platform, or the market response to presented works.

18. Indemnification

18.1 Upon first request, the User shall indemnify the Provider against all third-party claims asserted against the Provider due to an infringement of rights attributable to the User or due to unlawful content or use.

18.2 The indemnification also includes the reasonable costs of legal defense, insofar as the User is responsible for the infringement.

18.3 The Provider will inform the User without delay of the assertion of such claims, insofar as this is possible, and will give them the opportunity to comment.

19. Data export, deletion after contract termination

19.1 After termination of the contract, access to paid functions may cease. The User is obliged to back up required content, data, and export files in good time before the end of the contract.

19.2 The Provider is entitled to delete content and account data after termination of the contract and expiry of a reasonable retention period, unless statutory retention obligations or legitimate interests prevent this.

19.3 Backup copies and technically caused residual data may continue to exist for a limited transitional period and will be removed as part of customary deletion routines.

20. Data protection

20.1 The Provider provides information on the processing of personal data in a separate privacy policy.

20.2 If the User uploads personal data of third parties to the platform, the User is responsible for ensuring that there is a legal basis for doing so.

21. Amendments to these GTC

21.1 The Provider is entitled to amend these GTC with effect for the future, provided there is an objective reason for doing so, in particular changes in the legal situation, changes in case law, changes in technical framework conditions, expansions or changes to platform services, or the closing of regulatory gaps.

21.2 Amendments will be communicated to the User in an appropriate manner.

21.3 Where the amendment does not materially disturb the contractual balance and does not concern essential main performance obligations, the User’s consent may be deemed granted in accordance with statutory requirements, provided the User is clearly informed of the consequences of their silence and is granted a reasonable period to respond.

21.4 Amendments that affect essential contractual components or would unreasonably disadvantage the User shall not be made without the User’s express consent, insofar as such consent is required.

22. Final provisions

22.1 The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. In relation to consumers, this choice of law shall apply only insofar as it does not deprive them of the protection of mandatory provisions of the law of the country of their habitual residence.

22.2 If the User is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship shall be the Provider’s registered office, unless an exclusive statutory place of jurisdiction exists.

22.3 Should individual provisions of these GTC be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected.