Terms and Conditions for E.V.A. Gallery

2.1. Entire Agreement

These Terms & Conditions constitute the entire agreement between users and E.V.A. Gallery, superseding all prior agreements, communications, or understandings related to the platform's services.

2.2. Severability

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions shall remain in full effect.

2.3. No Waiver

Failure by E.V.A. Gallery to enforce any right or provision shall not be deemed a waiver of such rights.

2.4. Contact Information

For inquiries, users may contact support@evagallery.eu.

3.1. Account Creation & Verification

To access E.V.A. Gallery, users must:

• Be at least 18 years old or have parental consent.
• Provide accurate personal and professional information upon registration.
• Maintain a secure password and are responsible for safeguarding their credentials.

3.2. Account Suspension & Termination

E.V.A. Gallery reserves the right to suspend or terminate accounts if:

• The user engages in fraudulent activity, copyright infringement, explicit content or platform abuse.
• Misuse of AI protection, NFT minting, or crypto integration is detected.
• The user created multiple identical accounts.

Users may voluntarily delete their account at any time, with data erasure confirmed within 30 days.

4.1. Ownership

All uploaded artworks remain the intellectual property of the artist. By uploading content, the artist grants E.V.A. Gallery a non-exclusive, royalty-free, worldwide license to display and promote the artwork within the platform and its PR.

4.2. License Revocation

Artists may revoke this license at any time by deleting their artwork from the platform. Upon deletion, all associated platform displays and promotional use shall cease within 30 days.

4.3. Third-Party Usage

E.V.A. Gallery shall not license, sell, or otherwise commercialize user-uploaded content without explicit written consent from the artist.

5.1. Overview

E.V.A. Gallery provides artists with a 3D Gallery Designer, enabling them to design custom virtual environments where they can create digital exhibitions. This tool allows users to curate, arrange, and present their artworks in an interactive environment, enhancing the digital exhibition experience.

5.2. User Responsibilities

• Users must ensure that uploaded content complies with intellectual property laws.
• Exhibitions should adhere to platform guidelines, avoiding prohibited content (e.g., hate speech, illegal materials).

5.3. Technical Requirements & Limitations

The 3D Gallery Designer is optimized for modern browsers but may have performance limitations on older devices. Users are responsible for reviewing their exhibitions before publishing to ensure a seamless viewer experience.

5.4. Modifications & Removal

E.V.A. Gallery reserves the right to modify, suspend, or remove any virtual exhibition that violates platform policies or is flagged for copyright infringement. Users will be notified in case of necessary modifications.

6.1. NFT Ownership

An artist who mints NFTs on the E.V.A. Gallery platform retains full ownership rights. The platform does not act as an intermediary in secondary sales or transfers.

6.2. Legal Compliance

Users minting or selling NFTs through E.V.A. Gallery is solely responsible for adhering to EU regulations on digital assets, including taxation and consumer rights under MiCA (Markets in Crypto-Assets Regulation).

6.3. Platform Liability

E.V.A. Gallery shall not be held liable for price fluctuations, third-party marketplace risks, or failed transactions involving minted NFTs.

7.1. AI-Driven Protection

All uploaded artworks receive an automatic AI protection layer to prevent plagiarism and scraping to the extent of 98%. This protection does not alter the artwork but creates a unique identifier stored in the system.

7.2. Data Processing & Privacy

No user-uploaded artwork is stored outside the artist's account without consent. AI analysis is conducted in compliance with GDPR, and users have the right to request deletion of associated data.

8.1. NFT Minting & Ownership

• Users retain full intellectual property rights over their minted NFTs.
• NFTs created via E.V.A. Gallery are stored on the blockchain and linked to the user's connected crypto wallet.
• Once minted, NFTs cannot be altered or deleted due to blockchain immutability. If a user wishes to destroy an NFT mint, they can opt to "burn" them.

8.2. Crypto-Wallet Integration

• Users may connect an external Web3 wallet provided by Kusama to facilitate NFT transactions. E.V.A. Gallery does not charge additional fees.
• E.V.A. Gallery does not store, manage, or recover lost wallet keys. Users are fully responsible for their crypto-wallet security.

8.3. Financial & Legal Responsibilities

Users are responsible for mint fees, blockchain transaction costs, and tax obligations in compliance with their local regulations. E.V.A. Gallery does not facilitate fiat-to-crypto conversions and advises users to engage with third-party exchanges at their own risk.

8.4. Fraud Prevention & AML Compliance

E.V.A. Gallery complies with EU Anti-Money Laundering (AML) regulations and reserves the right to investigate any suspicious transactions.

9.1. Platform Availability & Technical Failures

E.V.A. Gallery aims to provide continuous access to its services but does not guarantee uninterrupted availability. Users acknowledge that occasional downtime, maintenance, or system failures may occur.

9.2. Limitation of Liability

E.V.A. Gallery shall not be held liable for:

• Lost profits, data loss, or platform unavailability due to system errors or external cyber threats.
• Disputes arising from NFT transactions between users and third-party marketplaces.
• Unauthorized use of artworks, though E.V.A. Gallery employs AI protection to minimize plagiarism risks.

9.3. User Responsibilities

Users are responsible for maintaining backup copies of their content and ensuring compliance with applicable laws when engaging in financial transactions via the platform.

10.1. Data Collection

E.V.A. Gallery collects and processes only essential personal data necessary for platform operation, including user profiles, uploaded content, and account credentials.

10.2. User Rights Under GDPR

Users have the right to:

• Access: Request a copy of their personal data.
• Rectification: Correct inaccurate or incomplete data.
• Erasure ("Right to Be Forgotten"): Request deletion of their account and associated data.
• Data Portability: Obtain their data in a structured format for transfer.

Requests can be submitted to support@evagallery.eu, and will be processed within 30 days, in compliance with GDPR Article 12.

10.3. Data Security & Storage

All personal data is stored on secure servers and is not shared with third parties unless required by law.

10.4. AI & Automated Processing

E.V.A. Gallery utilizes AI for art protection and fraud detection.

11.1. Grounds for Suspension

E.V.A. Gallery reserves the right to suspend or remove content that violates:

• Copyright laws, GDPR, or blockchain regulations
• Hate speech, violence, or explicit illegal content
• Unauthorized commercial activities

11.2. User Appeal Process

Users whose content or accounts are removed may appeal within 7 days to support@evagallery.eu.

12.1. Right to Modify or Discontinue Services

E.V.A. Gallery reserves the right to update, modify, or discontinue any feature, tool, or service at its sole discretion. Such changes may include improvements, security updates, or new functionalities aimed at enhancing the user experience.

12.2. Notification of Changes

Where possible, users will be provided with reasonable advance notice of significant modifications via email, platform notifications, or the official website.

12.3. User Responsibility

Continued use of E.V.A. Gallery after updates constitutes acceptance of the revised terms. Users are encouraged to review updates periodically.

13.1. Applicable Law

These Terms & Conditions shall be governed under the laws of Slovakia and EU regulations, including GDPR and MiCA compliance.

13.2. Dispute Resolution

Disputes shall first be resolved through mediation. If no resolution is reached, cases will be handled by the courts of Bratislava, Slovakia.