CraftTatva Seller Agreement

This Seller Agreement ("Agreement") is entered into between Artemyst Marketplace Pvt. Ltd., operating its online art marketplace under the brand name CraftTatva ("CraftTatva", "Company", "we", "us" or "our") and the artist/seller registering on the platform ("Artist", "you" or "your").

CraftTatva provides artists with an online marketplace through which they may showcase, promote and sell their original artworks to customers in India and internationally.

The purpose of this Agreement is to establish clear rules regarding:

• ownership and originality of artworks;
• copyright and intellectual property;
• artist representations and warranties;
• listing and sale of artworks;
• use of artwork images and artist information;
• customer orders and fulfilment;
• complaints and takedown requests;
• infringement claims;
• artist indemnification;
• suspension and termination; and
• the responsibilities of both CraftTatva and the Artist.

By registering with CraftTatva and accepting this Agreement, the Artist agrees to comply with all of its terms.

2.1

The Artist must provide accurate and complete information during registration.

2.2

The Artist may be required to provide identity, contact, bank, tax and other information requested by CraftTatva for verification, compliance, payment processing and marketplace operations.

2.3

CraftTatva may verify the information provided by the Artist and may request additional documents or information.

2.4

Registration does not guarantee that an Artist or any particular artwork will be accepted, published or promoted on CraftTatva.

2.5

CraftTatva reserves the right to reject, suspend or terminate an Artist account where it considers that the Artist or artwork does not meet its standards, policies or legal requirements.

3.1 Original Work

The Artist represents and confirms that every artwork submitted to CraftTatva is:

• created by the Artist; or
• lawfully created or acquired by the Artist with all necessary rights, licences and permissions to display and sell it.

3.2 No Copying

The Artist must not upload, list, advertise or sell any artwork that:

• copies another artist's artwork;
• substantially reproduces another artist's composition;
• reproduces another artist's distinctive artistic elements without permission;
• is a photograph, scan or reproduction of another artist's artwork;
• is a tracing or substantially copied version of another artwork;
• infringes copyright, trademark, design rights or any other intellectual-property right;
• uses another artist's artwork as a reference in a manner that infringes their rights;
• falsely claims another artist's work as the Artist's own; or
• is otherwise unlawful.

3.3 Inspiration vs. Copying

Artists may take inspiration from common subjects, themes, cultural traditions, mythology, nature, architecture and artistic movements.

However, inspiration must not result in unauthorised copying or reproduction of another artist's protected artistic expression.

The Artist is solely responsible for ensuring that their artwork is sufficiently independent and lawful.

The Artist expressly represents and warrants that:

1. The Artist owns the necessary rights in each artwork submitted to CraftTatva.
2. No third party owns copyright or other rights that would prevent the Artist from selling the artwork.
3. The Artist has not knowingly copied another artist's protected artwork.
4. The artwork does not infringe any copyright, trademark, design, personality, publicity, privacy or other proprietary right.
5. Any reference images, photographs, digital assets, fonts, textures, stock material or other third-party material used in creating the artwork have been lawfully obtained and used.
6. Where an artwork contains a recognisable person's photograph, likeness or other protected material, the Artist has obtained all permissions that may reasonably be required.
7. Where the artwork contains third-party intellectual property, the Artist has obtained the necessary permission or licence.
8. The Artist will immediately inform CraftTatva if they become aware of any dispute regarding ownership or originality of an artwork.

The Artist must disclose to CraftTatva if an artwork is:

• completely or substantially generated using artificial intelligence;
• created using generative AI tools;
• substantially modified using AI;
• based on another person's protected artwork through AI or image-to-image generation; or
• created using third-party digital assets.

The Artist must not submit AI-generated or AI-assisted artwork that infringes the rights of another person.

CraftTatva may introduce additional rules concerning AI-generated artwork from time to time.

The Artist acknowledges that CraftTatva provides a marketplace and does not guarantee the originality, authenticity or legal ownership of every artwork uploaded by an Artist.

The Artist remains primarily responsible for:

• the artwork;
• its originality;
• its description;
• its authenticity;
• its ownership;
• its pricing;
• its physical condition;
• its dimensions;
• its materials;
• its provenance, where applicable; and
• the legal right to sell the artwork.

The Artist must provide truthful and accurate information about every artwork.

The Artist grants CraftTatva a non-exclusive, worldwide, royalty-free licence to use photographs, videos and other digital representations of the Artist's artwork for:

• displaying the artwork on CraftTatva;
• marketing and advertising;
• social media;
• search engines;
• email marketing;
• catalogues;
• promotional campaigns;
• investor and business presentations;
• press and public relations;
• customer communications;
• website and application development; and
• other activities reasonably connected with operating and promoting the marketplace.

This licence does not transfer ownership of the Artist's underlying artwork or copyright to CraftTatva.

The Artist authorises CraftTatva to display relevant professional information, including:

• artist name;
• biography;
• photograph;
• artwork images;
• artistic practice;
• achievements;
• exhibitions;
• social links provided by the Artist; and
• other information voluntarily supplied for the Artist's public profile.

CraftTatva will handle personal information in accordance with its applicable Privacy Policy and legal requirements.

CraftTatva may review artwork before publishing it.

CraftTatva may reject or request changes to:

• artwork titles;
• descriptions;
• images;
• pricing;
• categories;
• dimensions;
• artist information; or
• other listing information.

CraftTatva may also remove an artwork after publication if it receives a complaint, legal notice, intellectual-property claim, authenticity concern or other legitimate concern.

If CraftTatva receives a credible complaint alleging that an artwork infringes copyright or another intellectual-property right, CraftTatva may take one or more of the following actions:

1. temporarily hide the artwork;
2. remove the artwork from sale;
3. suspend the listing;
4. suspend the Artist's account;
5. contact the Artist for clarification;
6. request supporting documents;
7. request proof of ownership or originality;
8. notify the Artist of the complaint;
9. preserve relevant records;
10. permanently remove the artwork; or
11. take any other action reasonably necessary to protect CraftTatva, artists, customers or rights holders.

The Company may take down an artwork without making a final determination that infringement has occurred.

Temporary removal does not by itself constitute an admission of liability by CraftTatva or the Artist.

If CraftTatva informs the Artist about an intellectual-property complaint, the Artist must cooperate promptly.

The Artist may be asked to provide:

• original photographs of the artwork;
• creation dates;
• sketches;
• preliminary drawings;
• source files;
• work-in-progress photographs;
• invoices for materials;
• purchase records;
• copyright registration details, if any;
• licences or permissions;
• correspondence relating to the artwork; or
• other reasonable evidence supporting their rights.

Failure to provide satisfactory information may result in continued removal or suspension of the artwork.

Where appropriate, the Artist may submit a written explanation or counter-claim stating why they believe the complaint is incorrect.

CraftTatva may review the material provided.

However, CraftTatva is not required to act as a court or make a definitive determination of copyright ownership.

Where a dispute cannot reasonably be resolved, CraftTatva may keep the artwork unavailable until the parties resolve the dispute or a competent authority/court provides appropriate direction.

To the maximum extent permitted by applicable law, the Artist agrees to indemnify and hold harmless Artemyst Marketplace Pvt. Ltd., its directors, officers, employees, representatives and affiliates from claims, losses, damages, liabilities, costs and reasonable legal expenses arising out of or relating to:

• infringement of copyright or other intellectual-property rights by the Artist's artwork;
• allegations that the Artist's artwork is copied or unauthorised;
• false ownership or originality claims;
• unauthorised use of third-party photographs, images, trademarks or other content;
• breach of this Agreement;
• false or misleading information supplied by the Artist;
• breach of any law applicable to the Artist or artwork; or
• any dispute between the Artist and a third party concerning the artwork.

The indemnity shall apply to the extent legally enforceable.

The removal, suspension or delisting of an artwork or Artist following a complaint shall not automatically mean that CraftTatva admits:

• copyright infringement;
• liability;
• negligence;
• knowledge of infringement;
• ownership of the disputed work; or
• validity of the complainant's claim.

CraftTatva may take precautionary action to protect the marketplace and its users while the underlying dispute is reviewed.

If a third party sends a legal notice or makes a claim concerning an Artist's artwork, the Artist must cooperate with CraftTatva and provide all relevant information requested.

The Artist must not knowingly destroy, alter or conceal evidence relating to the disputed artwork.

CraftTatva may provide information concerning the Artist or artwork where required by applicable law, court order, governmental authority or other lawful process.

The Artist must not:

• claim another artist's work as their own;
• falsely claim that an artwork is original;
• falsely claim that an artwork is hand-painted;
• falsely claim that an artwork is created entirely by the Artist;
• falsely claim an exhibition, award or qualification;
• misrepresent the artwork's medium or dimensions;
• use another artist's name to sell an artwork; or
• provide misleading information to customers.

CraftTatva may take stronger action against Artists who repeatedly violate intellectual-property or marketplace rules.

Depending on the circumstances, CraftTatva may:

• issue a warning;
• remove individual artworks;
• restrict new uploads;
• temporarily suspend the Artist;
• permanently terminate the Artist;
• remove the Artist's entire catalogue;
• withhold amounts where legally permissible; and/or
• cooperate with affected rights holders or lawful authorities.

Repeated or deliberate infringement may result in permanent removal from the platform.

The Artist agrees to fulfil confirmed orders according to CraftTatva's applicable policies.

The Artist must:

• pack the artwork appropriately;
• provide accurate artwork information;
• dispatch within the agreed timeline;
• provide tracking information where applicable;
• ensure the artwork matches the listing; and
• cooperate with CraftTatva in case of customer complaints.

The Artist confirms that all artwork sold through CraftTatva will be authentic and accurately represented.

Where applicable, the Artist may be required to provide:

• Certificate of Authenticity;
• signature;
• artwork details;
• creation year;
• medium;
• dimensions;
• edition information; and
• other authenticity documentation.

The Artist agrees to the commercial terms communicated by CraftTatva from time to time.

These may include:

• selling price;
• marketplace commission;
• applicable taxes;
• payment processing charges;
• shipping charges;
• discounts;
• promotional pricing; and
• other applicable marketplace charges.

The applicable commercial terms may be separately documented or incorporated into the Artist dashboard.

Payments will be processed according to CraftTatva's applicable payment and settlement policy.

CraftTatva may hold or delay payment where reasonably necessary because of:

• customer disputes;
• returns;
• fraud concerns;
• authenticity concerns;
• intellectual-property complaints;
• chargebacks;
• legal claims; or
• other legitimate marketplace risks.

Any withholding shall be subject to applicable law and the relevant commercial terms.

The Artist authorises CraftTatva to promote listed artworks through its marketing channels.

This may include:

• Google;
• Meta;
• Instagram;
• Facebook;
• Pinterest;
• YouTube;
• email;
• WhatsApp;
• digital advertising;
• print material;
• exhibitions;
• catalogues; and
• other marketing channels.

CraftTatva may crop, resize or format artwork images for technical and marketing purposes, provided that it does not intentionally misrepresent the artwork.

The Artist is an independent seller using the CraftTatva marketplace.

Nothing in this Agreement creates:

• an employment relationship;
• partnership;
• joint venture;
• agency relationship; or
• employer-employee relationship,

unless separately agreed in writing.

CraftTatva operates an online marketplace connecting artists and art buyers.

The Artist understands that:

• CraftTatva does not create the Artist's artwork;
• CraftTatva does not claim ownership of the Artist's artwork merely because it is listed;
• the Artist is responsible for the legality and originality of the artwork;
• CraftTatva may conduct screening and verification but cannot guarantee that every third-party artwork is free from infringement; and
• CraftTatva may respond to complaints and take precautionary action.

CraftTatva may update its:

• Artist Agreement;
• Copyright Policy;
• Privacy Policy;
• Returns Policy;
• Shipping Policy;
• Commission Policy;
• Content Policy; and
• other marketplace policies

from time to time.

Material changes may be communicated through the Artist's registered email, dashboard or other appropriate means.

CraftTatva may suspend or terminate an Artist account where:

• the Artist breaches this Agreement;
• an artwork is found or reasonably suspected to infringe third-party rights;
• the Artist provides false information;
• the Artist repeatedly receives credible complaints;
• the Artist engages in fraud;
• the Artist violates customer-protection rules;
• the Artist engages in unlawful conduct; or
• continuation of the account creates material legal or reputational risk.

The Artist may also request termination of their account subject to completion of pending orders, payments and other obligations.

Termination does not automatically extinguish obligations that by their nature should continue.

Clauses relating to:

• intellectual property;
• indemnity;
• confidentiality;
• payment obligations;
• disputes;
• representations and warranties; and
• liability

shall survive termination to the extent applicable.

The Artist shall not misuse or disclose confidential information received from CraftTatva, including:

• customer information;
• internal pricing;
• commission arrangements;
• business strategies;
• unpublished product plans;
• confidential communications; and
• non-public marketplace information.

The Artist authorises CraftTatva to collect and process information reasonably required for:

• onboarding;
• identity verification;
• payments;
• tax compliance;
• customer service;
• marketplace operations;
• fraud prevention;
• legal compliance; and
• business administration.

CraftTatva will process personal information in accordance with its applicable Privacy Policy and applicable data-protection law.

This Agreement shall be governed by the laws of India.

Subject to applicable law, disputes relating to this Agreement shall be subject to the jurisdiction of the courts having appropriate jurisdiction over Gurugram/Gurgaon, Haryana.

This Agreement, together with the applicable CraftTatva policies and commercial terms, constitutes the understanding between the Artist and CraftTatva regarding participation in the marketplace.

If there is any conflict between this Agreement and a specific written commercial agreement signed between the parties, the specific agreement shall prevail to the extent of the conflict.