Terms of Service

Version: 2.0

Effective Date: January 05, 2026

Welcome to PickArt (“we,” “our,” or “us”). In these Terms, “PickArt” collectively refers to PickArt AG (Switzerland, UID CHE-473.191.197) and PickArt Platform Ltd (United Kingdom, Company Number 16883707), which jointly operate the PickArt platform and services. These Terms of Use (“Terms”) govern your access to and use of our website located at www.pickart.com (the “Site”), including any content, features, services, applications, or products offered (collectively, the “Service”).

Please read these Terms carefully before using our Service. By accessing or using any part of the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to all of these Terms, you may not access or use the Service.

1. Applicability

PickArt AG (Switzerland) operates services for users whose habitual residence or principal place of residence is in Switzerland. PickArt Platform Ltd (United Kingdom) operates services for users whose habitual residence or principal place of living is outside Switzerland. This applies regardless of any formal registration or documentation. Depending on your location, your relationship with PickArt is governed by the respective entity and its applicable laws and jurisdiction.

2. Eligibility

To use our Service, you must be at least 16 years old (or older if required by your country of residence). By using the Service, you represent and warrant that you meet this requirement.

3. Account Registration

To access certain features, you may be required to create an account. By registering, you agree to provide accurate information and consent to the processing of your personal data in accordance with our Privacy Policy, which reflects compliance with Swiss DSG, EU GDPR, and UK GDPR. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. We reserve the right to suspend or terminate your account at our discretion if we believe you are violating these Terms or applicable law.

4. Cookies and Consent

We use cookies on our website to enhance your experience, analyze usage, and provide certain functionalities. Non-essential cookies require your consent, which you provide via our cookie consent banner on your first visit. You can manage or withdraw your cookie preferences at any time through the cookie settings link available on our website footer or consent banner. Please refer to our Cookie Policy for detailed information on how we use cookies and your rights regarding them.

5. Acceptable Use

You agree to use the Service in compliance with all applicable laws and regulations. You further agree not to:

• Use the Service for unlawful, abusive, or fraudulent purposes;
• Infringe upon any intellectual property rights or other rights of third parties;
• Engage in any activity that could disrupt, damage, or interfere with the normal operation of the Service, including introducing viruses, malware, or harmful code;
• Use automated systems (such as bots, scrapers, etc.) without our prior written consent;
• Engage in any other activity that could harm the Service or other users.

6. Purchase of Artwork via Platform

Our Service allows customers to view and purchase artwork through our platform, subject to the terms and conditions outlined herein. Artwork is available for purchase only after the customer has viewed it in person at one of our partnered locations (such as hotels or galleries).

6.1. Purchase Process

To purchase artwork, customers must scan the unique QR code associated with the artwork at the location. The QR code will direct you to the Service, where you may complete the purchase process. The purchase is subject to availability and confirmation by PickArt.

6.2. Payment

All purchases are processed through third-party providers such as Stripe. By completing a transaction, you authorize us (or our third-party payment processor) to charge the full amount, including any applicable taxes or fees, to your chosen payment method. By completing a purchase, you authorize these providers to handle your payment information in accordance with their privacy and security policies. We recommend reviewing their policies before using their services.

You are responsible for ensuring that your payment information is accurate and up to date.

We reserve the right to cancel any order or suspend access to the Service if payment is declined, reversed, or otherwise fails.

Prices are generally listed in Swiss Francs (CHF), unless otherwise stated at the time of purchase.

6.3. Taxes

Buyers are responsible for any applicable local taxes, duties, or other charges imposed by authorities in connection with the purchase and delivery of artwork. We will collect and remit taxes only where required by law.

7. Return and Refund Policy

Please note that all artwork purchases made through our platform must be viewed in person prior to purchase. Due to this, returns and refunds are generally not accepted once a purchase is completed. If you receive damaged or defective artwork, you may contact us within 14 days to request a replacement or refund, subject to our discretion. In such cases, we will provide instructions on how to return the item for an exchange or a refund, subject to our discretion.

8. Intellectual Property

All content available on the Service, including but not limited to text, graphics, logos, images, software, and code, is either:

• Owned by PickArt;
• Licensed to PickArt by third parties (such as partner hotels, hosts, or artists); or
• Used with permission.

Such content is protected by copyright, trademark, and other intellectual property laws. You may not use, reproduce, or distribute any content from the Service without our prior written permission or, where applicable, the permission of the respective rights holder.

9. User Content

If you upload, post, or otherwise provide any content to the Service (“User Content”), you retain ownership of your content, but you grant PickArt a worldwide, non-exclusive, royalty-free license to use, reproduce, display, distribute, and modify your content solely for the purpose of providing and improving the Service.

You are solely responsible for your User Content and represent that you have all necessary rights to grant this license and that your content does not infringe any third-party rights.

10. Third-Party Services

To improve your experience, our Service may link to or integrate with third-party services (e.g., payment providers like Stripe, analytics platforms like Google Analytics). These third-party services may have their own terms and privacy policies, which we recommend you review before using them. We are not responsible for how these third-party services operate or handle your data.

11. Disclaimers

The Service is provided on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, PickArt disclaims all warranties, express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Service will be error-free, secure, or continuously available.

12. Limitation of Liability

To the extent permitted by applicable law, PickArt and its affiliates, officers, directors, employees, or agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the Service. Our total liability for any claims under these Terms shall not exceed CHF 100 or the amount you paid us in the 12 months preceding the claim, whichever is greater.

13. Termination

You may stop using the Service at any time. We may suspend or terminate your access at any time, with or without notice, if we believe you are in breach of these Terms or applicable law. Upon termination, all rights granted to you under these Terms will cease, and you must cease all use of the Service. Termination does not affect our rights or your obligations regarding data processing as set forth in our Privacy Policy.

14. Changes to These Terms

We reserve the right to update these Terms at our discretion. If we make material changes, we will notify you via the Service or through other reasonable means. Continued use of the Service after the changes take effect constitutes your acceptance of the updated Terms.

15. Governing Law and Jurisdiction

These Terms are governed by the laws of Switzerland in relation to services provided to users located in Switzerland by PickArt AG, and by the laws of England and Wales in relation to services provided to users located outside of Switzerland by PickArt Platform Ltd, each without regard to conflict of law principles.

Any disputes arising out of or related to these Terms shall be subject to the exclusive jurisdiction of the courts in Zurich, Switzerland for matters related to PickArt AG and Swiss users, and the courts of England and Wales for matters related to PickArt Platform Ltd and users located outside of Switzerland.

Notwithstanding the foregoing, by mutual written agreement between you and PickArt, disputes may be submitted to the courts of other jurisdictions.

16. Contact Us

For any questions about these Terms or our policies, please contact us at: