Terms of Service

Eligibility

You must be at least 18 years of age to use the Platform. By using the Platform, you represent and warrant that you meet this requirement. If you are using the Platform on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms.

Artist accounts are by application only. Acceptance to sell on Surfaced Art is at our sole discretion. We may revoke artist status at any time for violations of these Terms or our community standards.

Account Responsibilities

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to:

• Provide accurate and complete information when creating your account
• Keep your contact information and payment details up to date
• Notify us immediately of any unauthorized access to your account
• Not share your account credentials with any third party
• Not create multiple accounts to circumvent restrictions or suspensions

Commission Structure

Surfaced Art charges a 30% commission on all sales completed through the Platform. This commission is deducted automatically from the sale price before the remaining 70% is disbursed to the artist.

• The commission rate applies to the listed price of the artwork, excluding shipping
• Disbursements are processed via Stripe Connect on a rolling basis (typically within 2–7 business days after a sale clears)
• We reserve the right to modify the commission rate with 30 days’ written notice to artists
• Refunds processed by the Platform may result in commission clawbacks at our discretion

Prohibited Conduct

You agree not to use the Platform to:

• List or sell items that are not handmade by you personally (no dropshipping, no AI-generated works, no mass-produced items)
• Misrepresent the nature, origin, or authenticity of any artwork
• Infringe on the intellectual property rights of others
• Engage in fraudulent, deceptive, or misleading practices
• Harass, threaten, or harm other users of the Platform
• Circumvent our payment systems or conduct transactions off-platform to avoid commission
• Upload content that is illegal, obscene, or violates our community standards
• Use the Platform in any way that could damage, disable, or impair the service

Violation of these prohibitions may result in immediate account suspension or termination without refund of any fees.

Intellectual Property

Artists retain full ownership of the intellectual property rights in their artwork. By listing on Surfaced Art, you grant us a limited, non-exclusive, royalty-free license to display, reproduce, and distribute images of your artwork solely for the purpose of operating and promoting the Platform.

The Surfaced Art name, logo, and Platform design are our intellectual property. You may not use them without our prior written permission. The sale of a physical artwork does not transfer copyright or reproduction rights to the buyer unless explicitly stated in the listing.

Dispute Resolution

If a dispute arises between you and another user of the Platform, we encourage you to resolve it directly. If you are unable to do so, you may contact us and we will attempt to mediate in good faith, though we are under no obligation to do so.

Any dispute between you and Surfaced Art arising from or related to these Terms shall be governed by the laws of the State of California, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of courts located in San Francisco County, California for resolution of any such dispute.

Prior to filing any formal legal action, you agree to attempt to resolve disputes by contacting us in writing and giving us 30 days to respond.

Limitation of Liability

To the maximum extent permitted by law, Surfaced Art and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the Platform.

Our total liability to you for any claim arising out of or related to these Terms shall not exceed the greater of (a) the total fees paid by you to us in the 12 months preceding the claim, or (b) $100 USD.

The Platform is provided “as is” and “as available” without warranties of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Modifications to These Terms

We reserve the right to modify these Terms at any time. When we make changes, we will update the “last updated” date at the top of this page. For material changes, we will notify active users by email at least 14 days before the changes take effect.

Your continued use of the Platform after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using the Platform and may request account deletion.

Questions about these Terms? Contact us at legal@surfacedart.com.