Terms of Service

To access certain features of the Service, including the API, you must create an account. You agree to provide accurate and complete information and to promptly update any information that changes.

You are responsible for maintaining the confidentiality of your account credentials, including your password and any API keys issued to you. You are responsible for all activity that occurs under your account or with your API keys, whether or not you authorized that activity.

You agree to:

• Use strong, unique passwords;
• Not share your account credentials or API keys with any third party;
• Not transfer or sell your account;
• Notify LiveArt immediately at security@liveart.ai of any suspected unauthorized access or use;
• Comply with any multi-factor authentication requirements LiveArt may impose.

LiveArt will never ask you for your password.

Each individual or organization is permitted one account, except as expressly permitted by LiveArt. You may not create multiple accounts, whether under your own name or using aliases, to circumvent rate limits, avoid suspensions, or evade any other restriction. Creating multiple accounts without LiveArt's express permission is a material breach of these Terms and grounds for immediate termination of all associated accounts.

API keys are issued per account and may be scoped to specific use cases. You agree to use API keys only for the purposes for which they were issued and in accordance with the applicable documentation and any order or agreement governing your access. API keys must be transmitted only over secure channels (HTTPS/TLS), never embedded in client-side code accessible to end users, never committed to public repositories, and never shared with third parties.

The Service provides access to LiveArt's proprietary art market data, analytics, valuations, and related tools, including:

• Auction records, artist data, artwork data, lot and sale information;
• LiveArt Estimate™ valuations and price momentum analytics;
• Artist indices, embeddings, and similarity vectors;
• Market intelligence, reports, and research tools;
• Browser extension, mobile application, and programmatic API access.

LiveArt may modify, suspend, or discontinue any portion of the Service at any time, with or without notice. LiveArt is not liable to you or any third party for any modification, suspension, or discontinuation of the Service. Where the Service is provided under a separate written agreement with specified service level commitments, the terms of that agreement govern.

Portions of the Service may be offered without charge (the “Free Tier”). LiveArt reserves the right to impose fees, change pricing, introduce paid tiers, or discontinue the Free Tier at any time. Paid tiers are governed by the applicable Order Form or separate written agreement.

The Service, including all data, datasets, auction records, valuations (including LiveArt Estimate™), analytics, indices, embeddings, models, software, text, images, graphics, user interfaces, trademarks, logos, and all other content and materials made available through the Service (collectively, “LiveArt Content”), is the property of LiveArt or its licensors and is protected by United States and international copyright, trademark, trade secret, and other intellectual property laws.

All rights not expressly granted in these Terms are reserved by LiveArt. No implied license, permission, or other right is granted by these Terms, whether by implication, estoppel, or otherwise.

Subject to your ongoing compliance with these Terms, LiveArt grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service and the LiveArt Content solely for your internal, non-commercial use through the documented interfaces (website, mobile application, and API) and within the rate limits and usage parameters applicable to your account tier.

Any use of the Service or LiveArt Content beyond this limited license — including but not limited to redistribution, resale, publication, or use in commercial products or services — requires a separate written agreement with LiveArt.

“LiveArt,” “Live Art AI,” “LiveArt Estimate,”and the LiveArt logo are trademarks of Live Art AI, Inc. You may not use these marks without LiveArt's prior written consent, except as strictly necessary to identify LiveArt as the source of Service content in accordance with fair use.

If you provide LiveArt with any suggestions, comments, or feedback regarding the Service (“Feedback”), you grant LiveArt a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use, modify, and incorporate the Feedback into any LiveArt product or service, without obligation to you.

If the Service permits you to upload or submit content (“User Content”), you retain ownership of your User Content, but you grant LiveArt a non-exclusive, worldwide, royalty-free license to host, store, reproduce, and display that User Content as necessary to operate the Service. You represent and warrant that you have all necessary rights to grant this license and that your User Content does not infringe any third-party rights.

• Access the Service by any means other than through the interfaces and endpoints that LiveArt expressly provides;
• Use any robot, spider, scraper, crawler, data-mining tool, bot, or other automated means to access the Service, extract data, or circumvent any rate limit, quota, or technical restriction, except for (a) API calls through properly authenticated API keys in accordance with documented rate limits and the applicable Order Form, and (b) search engine crawlers complying with robots.txt;
• Attempt to probe, scan, or test the vulnerability of the Service or breach any security or authentication measures;
• Circumvent, disable, or otherwise interfere with any security, authentication, rate-limiting, or access-control feature of the Service;
• Access the Service using automated scripts that simulate human users (e.g., headless browsers configured to evade detection);
• Use LiveArt Content retrieved through the Site in a manner substantially equivalent to bulk API extraction (e.g., automated page-by-page scraping of artist or artwork pages).

• Sell, resell, sublicense, rent, lease, lend, or redistribute LiveArt Content, in whole or in part, to any third party;
• Publish, post, broadcast, or otherwise make LiveArt Content publicly available, except as expressly permitted by your account tier or a separate written agreement;
• Use LiveArt Content to create, populate, or augment any database, dataset, or index intended for distribution, licensing, or commercial use;
• Incorporate LiveArt Content into any product, service, or publication offered to third parties, except as expressly permitted by a separate written agreement.

• Use LiveArt Content, in whole or in part, alone or in combination with any other data or materials, to train, fine-tune, pretrain, validate, benchmark, evaluate, or otherwise develop any machine learning model, artificial intelligence system, statistical model, valuation model, or derivative dataset, where such model, system, or dataset is intended for distribution, sublicensing, commercial use, or use outside your strictly internal, non-commercial research. This prohibition applies regardless of whether LiveArt Content constitutes a minority, majority, or any specific proportion of the training data or inputs, and regardless of whether LiveArt Content is combined, merged, aggregated, normalized, transformed, or otherwise mixed with data from other sources;
• Provide LiveArt Content to any third party for the purpose of training any such model, system, or dataset, whether alone or in combination with other data;
• Use LiveArt Content as training data, evaluation data, validation data, reference data, retrieval-augmented-generation (RAG) data, grounding data, or any other input, signal, or reference in the development, tuning, or operation of any machine learning model, artificial intelligence system, or statistical model intended for distribution or commercial use;
• Use the Service to generate outputs that are then used to train, fine-tune, evaluate, or benchmark any competing product, service, or model.

For the avoidance of doubt, general research and personal learning within your own organization that does not result in a distributed or commercial model is not prohibited; large-scale or systematic ingestion of LiveArt Content for model training, evaluation, or grounding purposes is prohibited regardless of (i) whether the resulting model is made public, (ii) whether LiveArt Content is used alone or combined with other data, and (iii) what proportion of the training or evaluation data LiveArt Content represents.

• Use the Service or LiveArt Content to develop, operate, or market any product, service, dataset, or tool that is substantially similar to or competitive with the Service;
• Benchmark the Service against competitors or disclose performance metrics of the Service without LiveArt's prior written consent;
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, models, or underlying data structures of the Service, except to the extent expressly permitted by applicable law notwithstanding this restriction.

• Create multiple accounts under your name or through the use of aliases, disposable email addresses, or third parties acting on your behalf;
• Use registered accounts to circumvent restrictions imposed on prior accounts or other users;
• Share, transfer, or sell your account credentials or API keys;
• Register using false, misleading, or stolen identity information.

• Take any action that imposes an unreasonable or disproportionately large load on LiveArt's infrastructure;
• Introduce any virus, worm, Trojan horse, malware, or other malicious code to the Service;
• Interfere with or disrupt the integrity or performance of the Service or the experience of other users;
• Use the Service to transmit spam, unsolicited communications, or abusive material;
• Harass, threaten, or defame any other user or LiveArt personnel.

• Use the Service to violate any applicable law, regulation, or third-party right (including intellectual property, privacy, and contractual rights);
• Use the Service to infringe, misappropriate, or facilitate the infringement of any third party's intellectual property;
• Misrepresent the source of LiveArt Content or attribute it to any party other than LiveArt;
• Remove, alter, or obscure any copyright, trademark, attribution, or other proprietary notice contained in or accompanying LiveArt Content.

• Assist, encourage, enable, fund, or contract with any third party to engage in any of the activities described in this Section 7;
• Attempt to do any of the foregoing.

LiveArt may, in its sole discretion and without prior notice:

• Monitor use of the Service for compliance with these Terms;
• Investigate any suspected violation, including by reviewing access logs, usage patterns, and account metadata;
• Suspend, throttle, or terminate your account, API keys, or access to the Service;
• Remove or disable access to any User Content;
• Deny registration or re-registration attempts associated with a terminated account;
• Cooperate with law enforcement authorities and comply with court orders;
• Pursue all available legal remedies, including civil and, where applicable, criminal action.

You acknowledge that unauthorized extraction, redistribution, or use of LiveArt Content causes substantial harm to LiveArt that is difficult to quantify with precision, and that the commercial value of LiveArt's proprietary dataset substantially exceeds the cost of any individual account or subscription. Accordingly, you agree that if you breach any provision of Section 7.1 (Unauthorized Access and Automated Use), Section 7.2 (Redistribution and Commercialization), Section 7.3 (Machine Learning and AI Training), or Section 7.4 (Competitive Development), you shall pay LiveArt liquidated damages as follows:

(a) For breach of Section 7.1 (unauthorized automated extraction or scraping): the greater of:

• (i) USD 1.00 per record of LiveArt Content accessed, retrieved, or stored in breach; or
• (ii) USD 100,000 per documented scraping incident, with each distinct extraction campaign (whether continuous or intermittent, and whether from one or multiple accounts or IP addresses) constituting one incident.

(b) For breach of Section 7.2 (redistribution, resale, or bulk sharing of LiveArt Content): the greater of:

• (i) USD 5.00 per record of LiveArt Content redistributed; or
• (ii) USD 500,000 per distribution incident, with each dataset, export, or recipient constituting a separate incident.

(c) For breach of Section 7.3 (use of LiveArt Content to train machine learning models or derivative datasets): USD 1,000,000 per model, dataset, or system trained, fine-tuned, validated, benchmarked, or evaluated using LiveArt Content in breach of these Terms. This amount applies regardless of whether LiveArt Content constituted all, most, some, or only a portion of the training, evaluation, or reference data, and regardless of whether LiveArt Content was combined with data from other sources.

(d) For breach of Section 7.4 (development of a competing product or service using LiveArt Content): USD 1,000,000 per product, service, dataset, or tool developed, marketed, or operated in breach of these Terms.

The Parties acknowledge that these amounts are a reasonable estimate of the probable loss to LiveArt, which would otherwise be difficult to calculate with precision, and are not intended as a penalty. In reaching this estimate, the Parties have considered, among other factors: the substantial investment required to build and maintain LiveArt's proprietary dataset; the fair market value of comparable institutional data licenses (which generally exceed USD 80,000 annually); the irreparable harm caused by unauthorized redistribution and model training, which cannot be remediated by termination alone; and the cost of detection, investigation, and enforcement.

Liquidated damages under this Section 8.2 are in addition to, and not in lieu of, LiveArt's right to seek injunctive relief, terminate your access, recover any other damages permitted by law, and recover attorneys' fees and costs. The limitation of liability in Section 14 does not apply to your liability under this Section 8.2.

You acknowledge that any breach of Section 7 may cause LiveArt irreparable harm for which monetary damages would be inadequate, and that LiveArt is entitled to seek injunctive relief in addition to any other available remedies.

These Terms remain in effect while you access or use the Service.

LiveArt may suspend or terminate your access to the Service, with or without notice, at any time and for any reason, including:

• Violation of these Terms;
• Suspected fraudulent, abusive, or illegal activity;
• Non-payment of any fees owed to LiveArt;
• Request of law enforcement or other governmental authority;
• Extended periods of inactivity;
• LiveArt's decision to modify or discontinue the Service.

You may terminate your account at any time by following the account closure procedures on the Site or by contacting support@liveart.ai.

Upon termination, your right to access the Service immediately ceases. You must immediately stop using LiveArt Content and, except as expressly permitted by a separate written agreement, delete or destroy all LiveArt Content in your possession or control within thirty (30) days. Sections 5, 7, 8, 10, 13, 14, 15, 16.4, 17, and 18 survive termination.

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Except as set forth in Section 17.3, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by JAMS (or its successor) under its Streamlined Arbitration Rules and Procedures. Arbitration shall be conducted in New York County, New York. Judgment on any award may be entered in any court of competent jurisdiction.

Notwithstanding Section 17.2, LiveArt may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property, enforce Section 7 (Prohibited Conduct), or enforce Section 8.2 (Liquidated Damages).

YOU AND LIVEART AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

If a court or arbitrator determines that this class action waiver is unenforceable, the unenforceable portion shall be severed and the remainder of this Section 17 shall continue in full force, with any non-individual claim proceeding in court (not arbitration).

The prevailing party in any dispute shall be entitled to recover reasonable attorneys' fees and costs.

Any cause of action you may have against LiveArt must be commenced within one (1) year after the cause of action accrues or be permanently barred.

These Terms, together with any separate written agreement between you and LiveArt governing your use of the Service and any documents incorporated by reference, constitute the entire agreement between you and LiveArt regarding the Service and supersede all prior or contemporaneous communications.

In the event of conflict, the order of precedence is: (1) any separate written agreement signed by both parties (such as a Master Data License and API Services Agreement or Order Form); (2) these Terms; (3) any policies or documentation incorporated by reference.

LiveArt may modify these Terms at any time. Material changes will be communicated by updating the “Last Updated” date at the top of these Terms and, where appropriate, by notice through the Service or by email. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service.

You may not assign or transfer these Terms or your account without LiveArt's prior written consent. LiveArt may assign these Terms at its sole discretion, including to a successor in connection with a merger, acquisition, or sale of assets.

No failure or delay by LiveArt in exercising any right under these Terms shall constitute a waiver of that right.

If any provision of these Terms is held invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force.

LiveArt is not liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, pandemic, government action, labor disturbance, internet or telecommunications failures, or cyberattacks.

These Terms are for the benefit of you and LiveArt only, and do not create any rights in any third party.

Nothing in these Terms creates any partnership, joint venture, agency, fiduciary, or employment relationship between you and LiveArt.

You agree to comply with all applicable export control and economic sanctions laws of the United States and other applicable jurisdictions. You represent that you are not located in, and will not access the Service from, any jurisdiction subject to comprehensive U.S. sanctions.

LiveArt may provide notices to you by email to the address associated with your account, by posting on the Site, or by any other reasonable means. You may provide notices to LiveArt at:

These Terms are written in English. Any translations provided for convenience are not binding, and the English version governs.