Terms of use and subscription for artists

“Based On Art” and “Window display” Packages

Last updated: May 13, 2026

These Terms of Use and Artist Subscription Terms (“Terms”) govern access to and use of the “Based On Art Member” and “Window display” packages offered by Based On Art.

By creating an account, subscribing to a plan, or using the platform’s services, the artist acknowledges that they have read, understood, and accepted all of these Terms.

1. Purpose of the Services

1. Based On Art offers a digital platform that allows artists to create a public profile, showcase their artwork, display an artistic portfolio, and gain visibility on the platform.
2. The “Based On Art Member” and “Window display” plans do not include any services related to the production, manufacturing, distribution, or sale of clothing.
3. The packages covered by these Terms and Conditions are intended solely for the visibility, presentation, and promotion of artists and their artworks.
4. Based On Art acts solely as a platform for showcasing and promoting art and does not act as a gallery, agent, representative, financial intermediary, or seller of the artworks displayed by the artist.

2. Description of the packages

1. “Based On Art” package

   The “Based On Art Member” package is a free, unlimited-term subscription that includes the following:

   • creating an artist profile;
   • the display of a short biography;
   • the addition of basic public information;
   • access to certain free features of the platform.

2. “Window display” Package

   The “Window display” package is a paid subscription with a one (1)-year term that includes the following benefits:

   • creating an advanced artist profile;
   • the addition of a short and a long biography;
   • access to a public artist page;
   • the display of a portfolio of artworks;
   • access to the additional features offered by Based On Art.
3. Based On Art reserves the right to modify, add, remove, or adjust the features of its packages at any time.
4. Based On Art reserves the right to change the rates applicable to the “Window display” package upon subscription renewal.

3. Account Creation and Access

1. The artist is responsible for the information provided during registration.
2. The artist agrees to provide accurate, complete, and up-to-date information.
3. The artist remains responsible for keeping their login credentials and passwords confidential.
4. Based On Art reserves the right to suspend or delete any account containing false, misleading, or incomplete information.
5. The artist may not assign, sell, share, or transfer their account without the prior written consent of Based On Art.

4. Intellectual Property Rights in the Artworks

1. The artist retains ownership of the artworks displayed on their profile or in their portfolio.
2. However, the artist grants Based On Art a worldwide, non-exclusive, royalty-free, and transferable license to:
   • to display;
   • reproduce;
   • publish;
   • broadcast;
   • promote;
   • adapt;
   • reframe;
   • make a slight change;
   • use for promotional purposes;

   the artworks, images, texts, biography, artist name, and content provided by the artist in connection with the operation, promotion, and functioning of the platform.

3. Based On Art may use the artworks and content published by the artist in publications, social media posts, advertisements, newsletters, promotional campaigns, or marketing content related to the platform.
4. Based On Art may retain and use screenshots, visuals, or images from the artist’s profile after the subscription ends for archival, promotional, or corporate portfolio purposes.
5. The artist warrants that he or she is the legal owner of the published artworks or holds all rights necessary for their distribution.
6. The artist hereby releases Based On Art from any and all liability related to any infringement of copyrights, trademarks, or intellectual property rights.

5. Portfolio and Sales of Artworks

1. The portfolios displayed on the platform are intended solely to showcase the artist’s artwork.
2. Based On Art does not act as a seller, reseller, broker, or intermediary in sales made by the artist.
3. Any sale, transaction, delivery, communication, or agreement between the artist and a buyer remains entirely the artist’s responsibility.
4. Based On Art does not charge any commission on sales of artwork made directly by the artist under the packages covered by these Terms and Conditions.
5. Based On Art does not guarantee any sales volume, visibility, customer base, revenue, or business opportunities.

6. Prohibited Content

1. The artist agrees not to publish or distribute any content:
   • fake;
   • misleading;
   • defamatory;
   • hateful;
   • discriminatory;
   • violent;
   • obscene;
   • sexually explicit;
   • illegal;
   • offensive;
   • that infringes on the rights of a third party.
2. Based On Art reserves the right to remove any content deemed inappropriate or in violation of these Terms without prior notice.
3. Based On Art also reserves the right to refuse or remove works generated in whole or in part by artificial intelligence.

7. Social Media and Visibility

1. Based On Art may promote artists’ profiles, artworks, biographies, and public content on its social media channels and promotional platforms.
2. The artist authorizes Based On Art to repost the publications, images, and content made public by the artist.
3. The artist agrees not to intentionally publish false, defamatory, or malicious content that damages the reputation of Based On Art.

8. Term and Renewal

1. The “Based On Art Member” package is available free of charge for an indefinite period.
2. Based On Art may modify, suspend, or terminate the free package at any time.
3. The “Window display” package is valid for a period of one (1) year from the subscription date.
4. The “Window display” package can be renewed in accordance with the terms and conditions in effect at the time of renewal.
5. Unless otherwise specified, subscription fees are non-refundable.

9. Suspension and Termination

1. Based On Art may suspend, restrict, or terminate an account or subscription in the event of:
   • breach of these Terms;
   • fraud;
   • abusive behavior;
   • damage to the reputation of Based On Art;
   • copyright infringement;
   • inappropriate content;
   • misuse of the platform.
2. Based On Art may remove or disable a portfolio, profile, or content without notice if it determines that there is a legal, reputational, or operational risk.
3. The artist may request that their account be deleted at any time.
4. However, some information or promotional content that has already been published by Based On Art may remain visible even after the account is deleted.

10. Limitation of Liability

1. Based On Art provides the platform “as is,” without any guarantee of continuous availability or freedom from errors.
2. Based On Art does not guarantee:
   • profile visibility;
   • the number of visitors;
   • business results;
   • sales;
   • search engine optimization;
   • the platform’s performance.
3. Based On Art shall not be held liable for any indirect losses, loss of revenue, loss of profits, loss of data, or business interruptions arising from the use of the platform.
4. Based On Art shall not be held liable for any actions, conduct, transactions, or communications between artists and users of the platform.
5. Based On Art shall not be held liable for any delays, interruptions, or failures caused by events beyond its control, including but not limited to:
   • outages;
   • cyberattacks;
   • server outages;
   • technical issues;
   • strikes;
   • natural disasters;
   • internet outages.

11. Protection of Personal Information

1. Based On Art collects certain information necessary for the operation of the platform and the management of subscriptions.
2. The terms and conditions governing the collection, use, and protection of personal information are outlined in Based On Art’s separate Privacy Policy.
3. The artist agrees to receive certain administrative or promotional communications related to their account or the platform.

12. Changes to the Terms

1. Based On Art reserves the right to modify these Terms at any time.
2. Any changes take effect as soon as they are posted on the Based On Art website.
3. Your continued use of the services after the changes are posted constitutes your acceptance of the new Terms.

13. Relationship between the parties

1. Based On Art operates as an independent company.
2. These Terms do not create any employment, corporate, partnership, agency, franchise, or joint venture relationship between Based On Art and the artist.

14. Governing Law

1. These Terms and Conditions are governed by and construed in accordance with the applicable laws of the Province of Quebec and the applicable federal laws of Canada.
2. Any dispute arising from these Terms and Conditions shall be submitted to the competent courts of Quebec.

15. Acceptance

By creating an account, using the platform, or subscribing to a “Based On Art Member” or Window display” package, the artist acknowledges that they have read, understood, and accepted these Terms of Use and Subscription for Artists.