Access to the App
Purchasing Paid Features
Price and payment
Consumer cancellation rights
What you are allowed to do
What you are not allowed to do
Third party platform providers and application
Intellectual property rights
Additional terms from third party platform providers
This Limna application and any update/upgrade to it (App) is provided by or on behalf of Artfacts.net Ltd (we, us and our). Our registered company number is 04294666, and our registered office is at 1-2 Craven Road, London, England, W5 2UA.
UNLESS WE HAVE AGREED SEPARATE TERMS WITH YOU, BY (A) DOWNLOADING, ACCESSING AND/OR USING THE APP, (B) ENTERING A SUBSCRIPTION WITH US, OR (C) PURCHASING ANYTHING FROM US VIA THE APP, YOU CONFIRM THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND ACKNOWLEDGE THAT THEY CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN US AND YOU. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU ARE NOT PERMITTED TO ACCESS OR USE THE APP, AND YOU SHOULD NOT CLICK TO ACCEPT THESE TERMS AND YOU SHOULD NOT PROCEED FURTHER.
We reserve the right to change these terms from time to time by notifying you (with the updated terms being displayed on-screen or with a link to the updated terms) when you next start the App. If you do not agree to the updated terms, you should cease use of the App. These terms were last updated on 19 April 2022.
The App is intended for use and purchase only by persons who are at least 18 years of age. By using the App, you confirm to us that you meet this requirement.
The App may only be downloaded, accessed and used on a device owned or controlled by you and running the relevant operating system for which the App was designed, so you must make sure you have a compatible device which meets all the necessary technical specifications to enable you to download the App you wish to download and to access and use the downloaded App.
You will be assumed to have obtained permission from the owner of any device that is controlled, but not owned, by you to download the App to that device. You accept responsibility, in accordance with these terms, for all access to, and use of, the App by you on any device, whether or not it is owned by you.
You acknowledge that the mobile service provider for the device to which you download, or on which you access or use, the App may charge for internet access (including mobile data usage) on that device.
We may, from time to time, restrict access to certain features, functions or content of, or services accessible through, the downloaded App to users who have registered with us. You are not obliged to register with us, but if you do not do so, you will be unable to use the applicable features, functions or content of, or access the applicable services through, the downloaded App. You must ensure that any registration details you provide are accurate.
To enter into a Subscription or purchase Paid Features (each as defined below), you must first register to set up an account with us by completing the account registration form available on the App. You only need to register once. To register, you must provide us with accurate, complete and up-to-date information requested. You are responsible for the information you provide to us. You must promptly update your account information online in the event of any changes to this information.
If you choose a log-on ID (such as a username and password or other identifier) for accessing or using the App, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorised use of which you become aware. We reserve the right to disable any log-on ID, at any time, if in our opinion you have failed to comply with any of the provisions of these terms or if any details you provide for the purposes of registering as a user prove to be false.
We cannot and do not guarantee the continuous, uninterrupted or error-free operability of the App or that the App will respond at a certain speed (since this depends on a number of factors outside our control).</span>
You may choose to purchase a subscription for additional functionality on the App (Subscription). Additional functionality may include additional Appraisals (as defined below) and historical analytics. Please note that this list is indicative only and you should review the subscription page carefully as this will contain the complete and accurate list of functionality. If you cancel your Subscription then you will also lose such additional functionality on the App.
Subscriptions may be entered into by following the prompts that will appear on-screen. You may check and correct any input errors in your purchase up until the point at which you submit your purchase to us by clicking the “Subscribe” button on the checkout page. The contract between you and us will be formed at this moment. After entering into this contract, we will be under a legal duty to supply you with the Subscription.
Subject to the following paragraph, the Subscription will last for the period of time selected by you from amongst the available options indicated on the App. Your Subscription will automatically renew at the end of the subscription period, unless you cancel it before the end of the then-current period, in which case you will lose access to the Subscription at the end of the then-current period.
You will have the option to cancel your Subscription at the end of each month of your Subscription period, beginning with the date you subscribe (Month End Date). To do this, you must notify us (see Contacting us) or alter the subscription renewal settings of your account through the App in advance of the Month End Date. If you do not do this by the Month End Date, your account will automatically be charged for the subsequent month of your Subscription period.
We may from time to time permit you to purchase additional features and functionality, such as additional price appraisals for artwork (“Appraisals”) (together, “Paid Features”). Paid Features may be purchased by following the prompts that will appear on-screen. You may check and correct any input errors in your purchase up until the point at which you submit your purchase to us by clicking the “Buy” button on the checkout page. The contract between you and us will be formed at this moment. After entering into this contract, we will be under a legal duty to supply you with the Paid Features.
Please review the checkout page carefully as there may be time limitations in which the certain Paid Features (including Appraisals) purchased have to be used, otherwise they will be lost.
We reserve the right to change the price of Paid Features at any time but this will not affect any Paid Features you have already bought.
The price of the Subscription and Paid Features are as quoted on the App from time to time and include VAT.
If your Subscription renews, charges for each renewal period (at the same level as the preceding subscription period, unless the charges have increased, in which case we will notify you beforehand) will automatically be charged to your account, in advance, on the renewal date (or shortly before or after), unless you have already cancelled your subscription. We will endeavour to take payment in respect of all charges to your Subscription from the same payment method that you have previously paid with. You authorise us, on an ongoing basis, to automatically charge all charges due and payable by you in relation to the Subscription in accordance with these terms, until that Subscription is cancelled.
It is possible that, despite our best efforts, something on the App may be incorrectly priced. If the correct price is higher than the price stated on the App, we will normally, at our discretion, either contact you for instructions before confirming the purchase, or reject the purchase and notify you of such rejection.
Payments will be facilitated by a payment method you set in your Apple ID settings. You should be aware that online payment transactions may be subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.
From time to time we may run promotions where we issue discount codes. These can be used in part-payment of prices on the App, subject to the terms under which they were issued (as indicated in our relevant promotion from which you got the code). Discount codes can only be used once, and only during the period of validity stated and only in respect of the relevant Paid Features or Subscription stated. Discount codes cannot be redeemed for cash.
You normally have the right to cancel an online contract within 14 days. However, the Paid Features and/or Subscription constitute digital content and are made available to you immediately. You (a) acknowledge that you lose your right to cancel for any reason within 14 days pursuant to the Consumer Contracts Regulations 2013 (Consumer Regulations); and (b) agree that you request us to immediately begin provision.
If you received any promotional or other discount when you paid, any refund will only reflect the amount you actually paid.
Refunds are made using the same method originally used by you to pay for your purchase, unless agreed otherwise. Nothing in this section limits your rights under law.
If the Subscription and/or Paid Features you purchase are defective, you may have one or more legal remedies available to you, depending on when you make us aware of the problem, in accordance with your legal rights. If you believe the Subscription and/or Paid Features you purchase are defective, you should inform us as soon as possible, preferably in writing, giving your name, address and order reference. Nothing in this section affects your legal rights.
You may only use the App for non-commercial, personal use, and only in accordance with these terms (and in accordance with any applicable terms of any relevant third party service provider for the device to which you download, or on which you access or use, the App) and only for lawful purposes (complying with all applicable laws and regulations), and in a responsible manner.
Subject to the following sections, you may retrieve and display content from the App on a computer or mobile device and store the App in electronic form incidentally in the normal course of use of your browser or mobile device. Additional terms may also apply to certain features, parts or content of the App and, where they apply, will be displayed on-screen or accessible via a link.
Except to the extent expressly set out in these terms, you are not allowed to:
All rights granted to you under these terms will terminate immediately in the event that you are in breach of any of them.
To do anything with the App that is not expressly permitted by these terms, you will need a separate licence from us. Please contact us, using the Contacting us details at the end of these terms.
As it is our policy continually to review and update our offerings, we reserve the right to make changes to the Subscription, charges and/or to these terms from time to time, provided that we will not, unless you agree, make any changes in respect of the Subscription or Paid Featuresyou have already paid for that would significantly reduce the type or level of service you receive (except if we need to do so for security, legal or regulatory reasons) and/or increase the charges you are obliged to pay. We will always give you as much notice as we reasonably can of such significant changes on the understanding that you have the option of accepting them or cancelling your Subscription without penalty, in which case, you should notify us that you wish to cancel your subscription. If you do not cancel your subscription before the date on which the changes come into effect (which we will notify to you), this will mean that you have accepted them.
We may, from time to time, with or without prior notice, temporarily suspend the operation of the App (in whole or in part) for repair or maintenance work or in order to update or upgrade any contents, features or functionality.
We may, with or without prior notice, terminate or suspend your Subscription or Paid Featuresand/or your use of your account in the event that:
If you have breached these terms, we may take such action as we deem appropriate. Such a breach by you may result in our taking, with or without notice, all or any of the following actions:
The responses described above are not limited, and we may take any other action we deem appropriate.
Upon termination of your Subscription or your account, for any reason (including where, in accordance with these terms, you cancel or do not renew your Subscription):
Certain third party platform providers with whose devices and/or operating systems the App has/have been designed to be compatible oblige us to include certain additional provisions in these terms. These are set out at the end of these terms under Additional third party terms. These provisions come from the relevant third party platform providers, not us.
Third party application stores are operated by the relevant third party platform providers and/or their affiliates. You must comply with all applicable terms of service, rules and policies applying to any third party application store from which you download the App. We are not responsible for these stores or (with the exception of the App) for anything provided by them and do not guarantee that they will be continuously available.
We license, but do not sell, to you the App you download. We remain the owner of the App at all times.
All intellectual property rights in the App and in any content of the App (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos), are owned by us or our licensors. Except as expressly set out here, nothing in these terms gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading the App or any content from the App.
The App may contain code, commonly referred to as open source software, which is distributed under any of the many known variations of open source licence terms, including terms which allow the free distribution and modification of the relevant software’s source code and/or which require all distributors to make such source code freely available upon request, including any contributions or modifications made by such distributor (collectively, Open Source Software). Please note that, to the extent that the App contains any Open Source Software, that element only is licensed to you under the relevant licence terms of the applicable third party licensor (Open Source Licence Terms) and not under these terms, and you accept and agree to be bound by such Open Source Licence Terms.
You agree that downloading, accessing and use of the App, since it is made available for download free of charge, are on an ‘as is’ and ‘as available’ basis and at your sole risk.
We reserve the right to change the format and features of the App by making the updated App available for you to download or, where your device settings permit it, by automatic delivery of updates. You are not obliged to download the updated App, but we may cease to provide and/or update content to prior versions of the App and, depending on the nature of the update, in some circumstances you may not be able to continue using the App until you have downloaded the updated version.
Where the App makes content available, you acknowledge that such content may be updated at any time. We reserve the right to cease to provide and/or update content to the App, with or without notice to you, if we need to do so for security, legal or any other reasons.
Whilst we try to make sure that content made available by the App consisting of information of which we are the source is correct, you acknowledge that the App may make content available which is derived from a number of sources, for which we are not responsible, including in respect of “Appraisals”. In all cases, information made available by the App is not intended to amount to authority or advice on which reliance should be placed and we will not be liable for any reliance you do place on such information. You should check with us or the relevant information source before acting on any such information.
Except as set out in these terms, we make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the App and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else relying on the content of the App.
The App may, from time to time, allow you to submit user-generated content, including photos to use the “Saving an Appraisal” feature, (User Content) and may also allow you to communicate that content, to selected recipients via email, text messaging, social media or similar (User Content Sharing). We do not control User Content submitted, nor is User Content Sharing actively moderated. You are solely responsible for User Content as submitted by you.
If you submit any User Content, you must keep it relevant to the purpose of the submission and the nature of any topic.
User Content must not:
You agree that, by submitting any User Content, you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (in whole or part) and/or to incorporate it in other works in any form, media or technology, and you waive any moral rights you may have in, or to be identified as the author, of such User Content.
You agree that you have all rights and the authority necessary to submit any User Content and to grant the rights above.
Whilst we do not pre-screen User Content, we reserve the right, in our sole discretion, to delete, edit or modify any User Content submitted by you at any time without notice to you.
Complaints about the content of any User Content must be sent to firstname.lastname@example.org and must contain details of the specific User Content giving rise to the complaint.
The App may, from time to time, include links to external sites, such as to specific galleries. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators or promoters.
Nothing in these terms shall limit or exclude our liability to you:
Subject to this, in no event shall we be liable to you for any business losses and any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable and shall not, in aggregate, exceed the greater of: (a) the total amount you have paid under these terms; or (b) the sum of £500. In particular, any indicative price which we may suggest through the App in respect of a piece of art is indicative only and we shall not liable or responsible for your failure to obtain such art at the indicative price.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control.
You may not transfer or assign any or all of your rights or obligations under these terms.
All notices given by you to us must be given in writing to the address set out at the end of these terms.
If we fail to enforce any of our rights, that does not result in a waiver of that right.
If any provision of these terms is found to be unenforceable, all other provisions shall remain unaffected.
These terms may not be varied except with our express written consent.
These terms and any document expressly referred to in them represent the entire agreement between you and us in relation to their subject matter. We are required by law to advise you that any contract formed on these terms may be concluded in the English language only and that no public filing requirements apply.
These terms shall be governed by English law, except that if you live in a country of the European Union, there may be certain mandatory applicable laws of your country which apply for your benefit and protection in addition to or instead of certain provisions of English law.
You agree that any dispute between you and us regarding these terms or the App will only be dealt with by the English courts, except that if you live in a country of the European Union, you can choose to bring legal proceedings either in your country or in England, but if we bring legal proceedings, we may only do so in your country.
Please submit any questions you have about these terms or any complaint or concern in relation to the App by email to email@example.com.
If the App that you download, access and/or use is downloaded from the App Store operated by Apple Inc. (Apple):