Terms of Service

NEW ART DAY

TERMS OF SERVICE

Last Updated: June 5, 2026

Introduction

Welcome to New Art Day (“New Art Day”, “NAD”, “we”, “our”, or “us”), a curated online platform dedicated to promoting professional contemporary artists and connecting them with art collectors and art enthusiasts worldwide.

These Terms of Service (“Terms”) govern your access to and use of the New Art Day website located at www.newartday.com (the “Site”), including all related services, features, content, software, communications, and functionality provided by New Art Day (collectively, the “Services”).

By accessing or using the Site or any of the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, together with our Privacy Policy and any additional policies referenced herein.

If you do not agree with these Terms, you must not access or use the Services.

About New Art Day

New Art Day is a curated artist promotion platform.

Our mission is to provide professional artists with visibility, promotional opportunities, and direct access to collectors through a carefully selected international community.

New Art Day does not purchase, sell, broker, auction, consign, store, transport, authenticate, appraise, or insure artworks.

New Art Day does not process payments for artworks and does not receive commissions on artwork sales.

The role of New Art Day is limited to providing promotional and visibility services and facilitating direct contact between artists and potential buyers.

Any transaction relating to an artwork is concluded directly between the artist and the buyer under terms independently agreed between them.

Definitions

For the purposes of these Terms:

Artist means any professional artist who has created an Artist Account and whose application has been approved by New Art Day.

Collector means any individual or entity using the Site to discover artists and artworks.

User means any visitor, Artist, Collector, or other person accessing or using the Services.

Artwork means any original artistic creation, including paintings, sculptures, drawings, photographs, digital artworks, mixed media works, installations, prints, or any other artistic works displayed on the Site.

Artist Content means any text, images, videos, biographies, descriptions, Artwork information, pricing information, or other content submitted by an Artist.

Subscription Plan means any membership plan offered by New Art Day to Artists, including Basic, Regular, Premium, and Expert plans.

Services means all services, features, tools, promotional activities, and functionality provided by New Art Day.

Eligibility

You must be at least eighteen (18) years old to use the Services.

By accessing or using the Services, you represent and warrant that:

you are at least eighteen (18) years of age;
you have the legal capacity to enter into binding agreements;
all information provided by you is accurate, complete, and current;
your use of the Services complies with all applicable laws and regulations.

New Art Day reserves the right to refuse access to the Services or terminate any account at its sole discretion.

Artist Selection

New Art Day is a curated platform.

Submission of an application does not guarantee acceptance.

All Artist applications are reviewed by New Art Day and may be accepted or rejected at our sole discretion.

New Art Day may consider factors including, but not limited to:

artistic quality;
originality;
professionalism;
consistency of artistic practice;
suitability for the platform;
completeness and quality of the submitted portfolio.

New Art Day is under no obligation to provide reasons for accepting or rejecting an application.

User Accounts

Certain features of the Services require the creation of an account.

Users agree to:

provide accurate and complete information;
keep account information up to date;
maintain the confidentiality of login credentials;
immediately notify New Art Day of any unauthorized use of their account.

Users are solely responsible for all activities conducted through their accounts.

New Art Day reserves the right to suspend, restrict, or terminate any account that violates these Terms or that may expose the platform, its users, or its reputation to risk.

Subscription Plans

Artist participation on New Art Day is subject to one of the Subscription Plans available at the time of registration or renewal.

Current plans include:

Basic

Free of charge
Up to five (5) artworks
Limited visibility on the platform
Inclusion in artwork listings only

Regular

€590 per year
Up to fifty (50) artworks
Enhanced visibility
Inclusion in Hand-Picked Artists selections
Inclusion in Meet Our Artists features

Premium

€790 per year
Unlimited artworks
Enhanced visibility
Inclusion in Hand-Picked Artists selections
Inclusion in Meet Our Artists features
Homepage banner opportunities
News features
Newsletter promotion
Social media promotion opportunities

Expert

€1,290 per year
Unlimited artworks
Enhanced visibility
Inclusion in Hand-Picked Artists selections
Inclusion in Meet Our Artists features
Homepage banner opportunities
News features
Newsletter promotion
Social media promotion opportunities
Eligibility for future physical exhibitions organized by New Art Day
Personalized coaching and advisory support
Eligibility for the Expert Refund Guarantee described in Section 8

The exact features associated with each Subscription Plan may evolve over time.

New Art Day reserves the right to modify features, benefits, and services offered under future subscriptions, provided that such modifications do not materially reduce the core benefits already purchased by active subscribers.

Subscription Duration, Renewal and Pricing

All paid Subscription Plans are annual subscriptions.

Subscriptions automatically renew at the end of each annual term unless cancelled by the Artist before the renewal date.

To help Artists manage their subscriptions, New Art Day will make reasonable efforts to provide renewal reminders, including notifications approximately:

thirty (30) days before renewal;
seven (7) days before renewal;
two (2) days before renewal.

Failure to receive such notifications shall not affect the validity of the renewal.

Artists may cancel automatic renewal at any time before the renewal date through their account settings or by contacting New Art Day.

The subscription fee applicable at the time of an Artist’s initial paid subscription shall remain unchanged for as long as the Artist maintains an uninterrupted active subscription.

If a subscription lapses, is cancelled, or is terminated and the Artist subsequently subscribes again, New Art Day reserves the right to apply the pricing in effect at the time of the new subscription.

Subscription fees are non-refundable except where expressly provided under the Expert Refund Guarantee described in Section 9.

Expert Plan Refund Guarantee

Artists subscribed to the Expert Plan may be eligible for a full refund of their annual subscription fee if no artwork sale has been completed through a connection established via New Art Day during the applicable subscription period.

For the purpose of this section, a sale shall be considered “generated through New Art Day” when the initial contact between the Artist and the buyer originated through the platform or through promotional activities directly conducted by New Art Day.

To request a refund under the Expert Refund Guarantee, the Artist must submit a written request within thirty (30) days following the expiration of the applicable Expert subscription period.

New Art Day reserves the right to request reasonable supporting information in connection with any refund request and may verify information available through its internal records, communications history, inquiries received through the platform, and other relevant sources.

Refund requests may be denied where New Art Day reasonably determines that:

one or more sales were generated through New Art Day during the subscription period;
the Artist has provided inaccurate or misleading information;
the Artist has materially breached these Terms.

Except for the Expert Refund Guarantee, all subscription fees are non-refundable.

Artist Content

Artists may upload and publish Artist Content through the Services.

Artists retain full ownership of their Artwork and Artist Content.

By uploading Artist Content, the Artist grants New Art Day a worldwide, non-exclusive, royalty-free license to:

display the content on the Site;
promote the Artist and their Artwork;
reproduce and distribute the content for marketing purposes;
publish the content in newsletters, social media, press releases, promotional campaigns, exhibition catalogues, and similar promotional materials;
adapt formatting, sizing, cropping, and presentation as reasonably necessary for publication and promotion.

This license remains in force for as long as the Artist Content is displayed on the platform and for a reasonable period thereafter for archival, marketing, and administrative purposes.

Artists represent and warrant that:

they are the creator or lawful rights holder of all submitted content;
they possess all rights necessary to publish such content;
the content does not infringe any third-party rights;
the content complies with applicable laws and regulations.

Artists remain solely responsible for all content they submit.

Intellectual Property Rights

All intellectual property rights relating to Artworks remain the exclusive property of the Artist unless otherwise agreed directly between the Artist and a buyer.

The display of Artwork on New Art Day does not transfer ownership of any copyright, trademark, design right, moral right, or other intellectual property right.

Collectors and visitors may not reproduce, distribute, modify, commercially exploit, publish, or otherwise use Artwork displayed on the Site without the prior written consent of the Artist.

Nothing contained within the Services shall be interpreted as granting any license or intellectual property rights except as expressly stated in these Terms.

Artwork Listings

Artists are solely responsible for the accuracy of their Artwork listings.

Artists must ensure that all information provided, including:

titles;
descriptions;
dimensions;
media;
creation dates;
availability;
pricing;
shipping information;

is accurate and up to date.

Artists may modify or remove Artwork listings at any time through their accounts, subject to any technical limitations of the platform.

New Art Day reserves the right to edit, suspend, reject, or remove any Artwork listing that, in its sole discretion:

violates these Terms;
infringes third-party rights;
contains misleading information;
may damage the reputation or integrity of the platform;
is unlawful, offensive, discriminatory, fraudulent, or otherwise inappropriate.

Artwork Transactions

New Art Day does not participate in the sale of Artworks.

Any sale, purchase, negotiation, payment arrangement, shipping arrangement, return request, warranty claim, or dispute relating to an Artwork is conducted directly between the Artist and the buyer.

New Art Day is not a party to any transaction relating to an Artwork.

Artists and buyers are solely responsible for determining and agreeing upon:

pricing;
payment methods;
shipping terms;
delivery arrangements;
insurance;
taxes;
customs formalities;
return policies;
warranties;
any other contractual terms.

Artists are solely responsible for complying with all laws applicable to their sales activities, including consumer protection laws, tax regulations, customs requirements, and import/export restrictions.

No Commission Policy

New Art Day does not charge commissions on Artwork sales.

Artists retain one hundred percent (100%) of the proceeds from Artwork sales concluded through relationships established via New Art Day.

Any fees paid to New Art Day relate exclusively to Subscription Plans and promotional services and are entirely independent of Artwork sales.

Role of New Art Day

New Art Day acts solely as a provider of promotional, visibility, networking, and communication services.

New Art Day is not:

the seller of any Artwork;
the buyer of any Artwork;
an art dealer;
an auction house;
a broker;
a payment processor;
a financial intermediary;
a shipping provider;
an insurer;
an escrow service;
an agent or representative of either party.

New Art Day does not:

receive payment for Artworks;
hold funds relating to Artwork transactions;
issue invoices for Artwork sales;
guarantee sales;
guarantee buyers;
guarantee payment;
guarantee delivery;
guarantee the authenticity of Artworks;
guarantee the condition of Artworks.

The sole responsibility of New Art Day is to provide the Services described in these Terms.

No Responsibility for Transactions

To the fullest extent permitted by applicable law, New Art Day shall not be liable for any claims, losses, damages, costs, expenses, disputes, or liabilities arising from or relating to:

Artwork transactions;
payment disputes;
shipping delays;
loss or damage during transport;
customs issues;
tax obligations;
authenticity disputes;
ownership disputes;
copyright disputes;
returns or refunds;
non-delivery;
buyer dissatisfaction;
Artist conduct;
buyer conduct.

Any dispute arising from an Artwork transaction must be resolved directly between the Artist and the buyer.

New Art Day has no obligation to mediate, investigate, arbitrate, or resolve disputes between users.

Non-Exclusivity

Artists remain entirely free to:

display their Artwork on other platforms;
work with galleries;
participate in exhibitions;
sell directly to collectors;
engage agents or representatives;
use any other sales channels.

New Art Day imposes no exclusivity obligations.

Artists retain complete freedom regarding the commercial exploitation of their Artwork.

Acceptable Use of the Services

Users agree to use the Services lawfully, responsibly, and in a manner consistent with the purpose of New Art Day.

Users shall not:

violate any applicable law or regulation;
infringe the intellectual property rights of others;
submit false, misleading, or fraudulent information;
impersonate another person or entity;
upload content that is unlawful, defamatory, abusive, threatening, discriminatory, hateful, obscene, or otherwise objectionable;
distribute malware, viruses, or other harmful software;
interfere with the operation or security of the Services;
attempt to gain unauthorized access to any part of the Services;
harvest or collect personal information from other users without consent;
use the Services for unlawful commercial activities;
engage in conduct that may damage the reputation, integrity, or proper functioning of New Art Day.

New Art Day reserves the right to investigate any suspected violation of these Terms and to take any action deemed appropriate.

Suspension and Termination

New Art Day may suspend, restrict, or terminate any account, with or without prior notice, if:

the user violates these Terms;
the user provides false or misleading information;
the user engages in conduct that may harm the platform, its users, or its reputation;
continued access presents legal, operational, or security risks.

Artists may terminate their subscription at any time.

Termination or cancellation does not entitle the Artist to any refund except as expressly provided under the Expert Refund Guarantee.

Upon termination, New Art Day may immediately remove or disable access to the affected account and associated content.

Expired Subscriptions and Content Retention

If a paid subscription expires and is not renewed, the Artist profile, Artwork listings, and related content will be removed from public view.

Such content may remain stored by New Art Day for up to six (6) months following the expiration date.

During this period, the Artist may reactivate their account by subscribing to an available Subscription Plan.

If no renewal or reactivation occurs within six (6) months following expiration, New Art Day may permanently delete the Artist account, Artwork listings, images, profile information, and all associated content.

Such deletion may be irreversible.

New Art Day shall have no obligation to retain, archive, recover, or restore deleted content after permanent deletion.

Platform Availability

New Art Day strives to maintain continuous availability of the Services.

However, the Services are provided on an “as available” basis.

New Art Day does not guarantee that:

the Services will always be available;
access will be uninterrupted;
errors will not occur;
defects will be corrected immediately;
the Services will be free from technical issues.

Temporary interruptions may occur due to maintenance, updates, technical failures, security measures, or circumstances beyond our reasonable control.

Disclaimers

The Services are provided “as is” and “as available” without warranties of any kind, whether express or implied.

To the fullest extent permitted by law, New Art Day disclaims all warranties, including but not limited to:

merchantability;
fitness for a particular purpose;
non-infringement;
accuracy;
reliability;
availability.

New Art Day makes no guarantee regarding:

the success of any Artist;
the number of inquiries received;
the number of sales achieved;
the effectiveness of promotional activities;
the commercial performance of any Artwork;
the financial benefits derived from participation in the platform.

Any business decisions made by Artists or buyers remain their sole responsibility.

Limitation of Liability

To the fullest extent permitted by applicable law, New Art Day, WebIncentive Sàrl, its directors, officers, employees, contractors, partners, affiliates, and representatives shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages.

This limitation includes, without limitation:

loss of profits;
loss of sales;
loss of business opportunities;
loss of data;
loss of reputation;
business interruption;
loss of goodwill.

In all circumstances, New Art Day’s total liability arising from or relating to the Services shall not exceed the total amount paid by the Artist to New Art Day during the twelve (12) months preceding the event giving rise to the claim.

Nothing in these Terms shall exclude liability where such exclusion is prohibited by applicable law.

Indemnification

Users agree to defend, indemnify, and hold harmless New Art Day, WebIncentive Sàrl, its directors, officers, employees, contractors, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses, including reasonable legal fees, arising from:

use of the Services;
violation of these Terms;
violation of applicable laws;
infringement of third-party rights;
Artist Content;
Artwork transactions.

Privacy

New Art Day collects and processes personal data in accordance with its Privacy Policy.

By using the Services, you acknowledge that you have read and understood the Privacy Policy and consent to the collection and processing of personal data as described therein.

Changes to the Services and Terms

New Art Day reserves the right to modify, update, suspend, or discontinue any aspect of the Services at any time.

We may also amend these Terms from time to time.

Material changes will be communicated through the Site, by email, or through other reasonable means.

Continued use of the Services following the effective date of revised Terms constitutes acceptance of the revised Terms.

Governing Law

These Terms shall be governed by and interpreted in accordance with the laws of Switzerland, excluding its conflict of law provisions.

Jurisdiction

Any dispute arising out of or relating to these Terms or the Services shall be submitted exclusively to the competent courts of Lausanne, Canton of Vaud, Switzerland.

The parties expressly waive any objection based on venue or jurisdiction to the extent permitted by applicable law.

Severability

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

The invalid provision shall be replaced by a valid provision that most closely reflects the original intent.

No Waiver

Failure by New Art Day to enforce any provision of these Terms shall not constitute a waiver of that provision or any other rights.

Any waiver must be expressly made in writing.

Assignment

Users may not assign or transfer their rights or obligations under these Terms without the prior written consent of New Art Day.

New Art Day may assign or transfer its rights and obligations under these Terms without restriction.

Entire Agreement

These Terms, together with the Privacy Policy and any other policies expressly incorporated by reference, constitute the entire agreement between the user and New Art Day concerning the Services and supersede all prior agreements, understandings, and communications relating thereto.