Part of the Crestox Legal Framework. By creating an account or participating in any capacity — as a Collector, Artist, Curator, or Owner — you agree to be bound by this document together with the other documents that make up the Crestox legal framework (Terms of Use, Risk Disclosure, Privacy Policy, Artist Agreement, and Secondary Marketplace Terms).
Effective Date: [Date]
Last Updated: [Date]
1.1 Introduction
Welcome to Crestox. Crestox is a curated art investment platform that enables fractional participation in artworks through the purchase of units called Fractals. Crestox sits at the intersection of art, technology, finance, and community.
These Terms of Use ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Crestox ("Crestox," "we," "us," or "our") governing your access to and use of the Crestox platform, website, mobile applications, and all associated services (collectively, the "Platform").
By registering for an account, accessing the Platform, or using any of its services, you confirm that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree, you must not access or use the Platform.
1.2 Definitions
The following terms carry the meanings set out below throughout these Terms and all other Crestox legal documents.
| Term | Definition |
|---|---|
| Account | A registered user profile on the Platform belonging to a single individual or legal entity. |
| Artwork | An original creative work submitted to and approved for listing on the Platform. |
| Artist | An individual who creates original artworks and lists them on Crestox, either directly or through an authorised Curator. |
| Certificate | A digital record issued by Crestox confirming a Collector's Fractal ownership participation in a specific Artwork or portfolio. |
| Collector | A registered user who purchases Fractals on the Platform for the purpose of fractional ownership participation. |
| Curator | An authorised representative with documented permission from an Artist to manage and submit Artwork listings on the Artist's behalf. |
| Fractal | A fractional unit representing a proportional ownership participation interest in a curated Artwork or Artwork portfolio listed on the Platform. |
| Listing | An Artwork or Fractal made available for purchase on the Platform following Crestox approval. |
| Marketplace | The primary environment on the Platform through which Fractals are offered for initial purchase. |
| Owner | An individual or legal entity that holds legal ownership of an Artwork but is not its original creator, and who has chosen to list that Artwork on the Platform. |
| Platform | The Crestox website, mobile applications, and all associated services and interfaces. |
| Portfolio | A Collector's aggregate collection of Fractals held through the Platform. |
| Secondary Marketplace | The environment on the Platform through which Collectors may list and resell Fractals to other Collectors. |
1.3 Acceptance of Terms
These Terms apply to all Users including Collectors, Artists, Curators, Owners, and visitors who browse the Platform without registering. Your continued use of the Platform constitutes ongoing acceptance of these Terms as they may be amended from time to time.
Where additional agreements apply to your role — including the Artist Agreement or Secondary Marketplace Terms — those documents are incorporated into and form part of these Terms. In the event of a conflict between these Terms and a role-specific agreement, the role-specific agreement shall prevail to the extent of the inconsistency.
1.4 Eligibility
To register for and use the Platform, you must:
- Be at least 18 years of age, or the age of legal majority in your jurisdiction, whichever is higher.
- Have the legal capacity to enter into a binding contract under the laws of your jurisdiction.
- Not be located in, incorporated in, or a resident of any jurisdiction in which access to or use of the Platform is prohibited or restricted by applicable law.
- Not be a person or entity subject to applicable sanctions or financial crime restrictions.
- Provide accurate, complete, and current information during registration and at all times thereafter.
Crestox reserves the right to verify your eligibility at any time and to suspend or terminate your Account if eligibility requirements are not met or are found to have been misrepresented.
1.5 Account Rules
One Account Per User. Each individual or legal entity may hold only one Account on the Platform. The creation of multiple Accounts by the same person or entity is strictly prohibited.
Account Security. You are solely responsible for maintaining the confidentiality of your account credentials. You must immediately notify Crestox of any unauthorised access to or use of your Account. Crestox will not be liable for any loss resulting from unauthorised use of your Account where you have failed to take reasonable precautions to protect your credentials.
Accurate Information. You must ensure that all information provided in your Account profile and during any verification process is accurate, complete, and up to date at all times. Providing false or misleading information is grounds for immediate Account suspension.
Non-Transferability. Accounts are personal to the registered User. You may not transfer, assign, or sell your Account to any other person or entity.
Suspension Rights. Crestox reserves the right to suspend or restrict access to any Account at its sole discretion, including where there is a reasonable suspicion of fraudulent activity, breach of these Terms, or risk to marketplace integrity.
1.6 Platform Services
Crestox provides the following core services through the Platform:
Artwork Discovery. A curated catalogue of Artworks that have been reviewed, verified, and approved by Crestox for listing. Artworks are not published without prior Crestox approval.
Fractional Participation. The ability for Collectors to purchase Fractals, representing proportional ownership participation in approved Artworks or Artwork portfolios.
Portfolio Management. Tools that allow Collectors to view and monitor their Fractal holdings, ownership Certificates, and portfolio performance over time.
Marketplace Functionality. The primary and secondary purchasing environment through which Fractals are offered for initial sale and resale between Collectors.
Artist Fundraising. Mechanisms through which Artists, Curators, and Owners may raise capital by listing Artworks on the Platform and receiving proceeds from Fractal sales.
Important Limitation. Nothing in the description of Platform services constitutes a representation, warranty, or guarantee of investment return, portfolio appreciation, liquidity, or financial performance of any kind. Crestox is a platform provider, not a financial adviser, investment manager, or broker.
1.7 User Conduct
All Users must conduct themselves in a manner consistent with marketplace integrity, applicable law, and the rights of other participants. The following activities are expressly prohibited on the Platform:
- Engaging in fraud, deception, or misrepresentation of any kind, including misrepresenting your identity, role, or credentials.
- Submitting false or fabricated Artwork provenance, ownership records, exhibition history, achievements, or sale history.
- Engaging in market manipulation, including wash trading, artificial price inflation, coordinated purchasing, or any activity designed to create a false impression of demand or value.
- Infringing the intellectual property rights of any Artist, Artwork creator, or third party.
- Using the Platform for any unlawful purpose, including money laundering, fraud, tax evasion, or the circumvention of applicable financial regulations.
- Interfering with or disrupting the Platform's technical infrastructure, security systems, or other Users' access.
- Creating multiple Accounts or using another person's Account without authorisation.
- Attempting to reverse-engineer, copy, or reproduce Platform functionality, content, or technology without written permission from Crestox.
Crestox reserves the right to investigate suspected violations and to take any action it considers appropriate, including Account suspension, content removal, or referral to relevant authorities.
1.8 Verification and Approval Rights
Crestox operates a curated marketplace. Accordingly, Crestox reserves the following rights, which it may exercise at its absolute discretion:
- To approve or reject any Artist registration, Artwork submission, exhibition record, achievement listing, or historical sale record before it is published on the Platform.
- To assign internal grades to Artworks as part of the evaluation and curation process.
- To request supporting documentation from any User at any time to verify identity, Artwork ownership, provenance, or the accuracy of submitted information.
- To remove any content from the Platform that Crestox, acting reasonably, considers to be inaccurate, misleading, in breach of these Terms, or detrimental to the integrity of the marketplace.
- To place any Artwork Listing, Artist profile, or Fractal transaction under review pending verification.
Crestox's exercise of these rights does not constitute an endorsement of any Artwork, Artist, or investment outcome.
1.9 Fees and Payments
Crestox charges fees in connection with certain Platform transactions, including primary Fractal purchases and Secondary Marketplace transactions. Applicable fees are disclosed at the point of transaction and are set out in detail in the Secondary Marketplace Terms and any fee schedules published on the Platform from time to time.
All payments made through the Platform are processed by third-party payment providers. By completing a transaction, you authorise the applicable payment to be processed in accordance with these Terms and the terms of the relevant payment provider.
Crestox reserves the right to amend its fee structure with reasonable prior notice.
1.10 Intellectual Property
Artwork Ownership. The purchase of Fractals does not confer on Collectors any copyright, moral rights, or other intellectual property rights in or to the underlying Artwork. Artwork ownership and intellectual property rights remain with the Artist, Owner, or rights-holder as applicable.
Platform Licence. By submitting content to the Platform — including Artwork images, descriptions, biographical information, and achievement records — you grant Crestox a non-exclusive, worldwide, royalty-free licence to display, reproduce, and promote that content on the Platform and in connection with Crestox's marketing and communications activities, for the duration of your participation on the Platform.
Platform Technology. All software, designs, interfaces, trademarks, and other technology forming part of the Platform are the intellectual property of Crestox or its licensors. You may not copy, reproduce, modify, or distribute any part of the Platform without Crestox's prior written consent.
1.11 Disclaimers
Crestox provides the Platform on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, Crestox makes no representations or warranties of any kind, express or implied, including but not limited to:
- That the Platform will be available at all times, uninterrupted, or error-free.
- That any Fractal will appreciate in value or generate a financial return.
- That a secondary market will exist for the resale of any Fractal at any time.
- That any Artwork has any particular cultural, aesthetic, or financial value.
- That content on the Platform is accurate, complete, or current.
No Investment Advice. Nothing on the Platform constitutes financial, investment, tax, or legal advice. Crestox does not assess the suitability of any investment for any particular User. You are solely responsible for your own investment decisions and should seek independent professional advice before participating.
1.12 Limitation of Liability
To the fullest extent permitted by applicable law, Crestox and its officers, directors, employees, agents, and licensors shall not be liable for:
- Any direct, indirect, incidental, consequential, or punitive loss or damage arising from your use of or inability to use the Platform.
- Any loss of data, profits, revenue, business, or goodwill.
- Any unauthorised access to or alteration of your Account or data.
- Any conduct or content of third parties on the Platform.
Where applicable law does not permit the exclusion of certain warranties or the limitation of certain liabilities, Crestox's liability shall be limited to the maximum extent permitted.
1.13 Suspension and Termination
By Crestox. Crestox may suspend, restrict, or terminate your Account and access to the Platform at any time, with or without prior notice, where:
- You have breached these Terms or any applicable Crestox agreement.
- Crestox has reasonable grounds to suspect fraud, market manipulation, or unlawful activity.
- Regulatory, legal, or compliance obligations require it.
- Continued access poses a risk to other Users or to marketplace integrity.
By You. You may close your Account at any time by contacting Crestox in accordance with the process set out on the Platform. Closure of your Account does not affect your obligations in respect of any outstanding transactions or amounts owed.
Effect of Termination. Upon termination, your access to the Platform will cease. Any Fractals held in your Portfolio at the time of termination will be subject to the applicable terms and conditions in force at that time.
1.14 Governing Law and Dispute Resolution
These Terms and any dispute arising from your use of the Platform shall be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of laws principles.
Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or validity thereof, shall first be referred to good-faith negotiation between the parties. If not resolved within 30 days, the dispute shall be submitted to binding arbitration in accordance with the rules of [Arbitration Body], with proceedings conducted in [City].
Nothing in this clause prevents Crestox from seeking urgent injunctive or other equitable relief from a court of competent jurisdiction.
1.15 Amendments
Crestox may amend these Terms at any time. Where changes are material, Crestox will provide reasonable notice via email or Platform notification. Your continued use of the Platform following the effective date of any amendment constitutes your acceptance of the revised Terms.
1.16 Contact
For questions regarding these Terms, please contact: legal@crestox.com
Related Documents
This document is part of the Crestox Legal Framework. For the complete framework, also see: