GetinArt Artists Programme Agreement

1.Definitions

• Work: the graphic, artistic or photographic file uploaded by the Artist to the Platform.
• Product: the physical item intended to decorate walls and interiors (wallpaper, canvas, Fine Art print and similar) on which GetinArt reproduces the Work. The substrate on which the Work is printed (for example paper or canvas) is part of the Product.
• Accessories: items purchasable in addition to the print, such as frames, spacers, installation kits and adhesive.
• Net Sale Price: the price of the print of the Work actually paid by the customer, excluding VAT, meaning the list price of the print reduced by the share, allocated proportionally across the order lines, of the discounts applied to the order (for example: the discount reserved to Professional customers and discount codes). Accessories, shipping and delivery costs and taxes are excluded. It is the basis on which the Royalty is calculated.
• Royalty: the fee due to the Artist, equal to a percentage of the Net Sale Price.
• Unique Work: a Work that the Artist, when uploading it, designates as marketed exclusively through GetinArt, under article 4.4.
• Reserved Fields of Use: wall and interior decoration (wallpaper, murals, decorative panels and coverings), art prints and posters, canvases and pictures, and any other product intended to be hung or applied on walls.
• Professional Artist: an Artist who joins the Programme in the course of a regular professional, artistic or business activity (for example: holder of a VAT number, sole trader, company).
• Non-Professional Artist: a natural person without a VAT number who joins the Programme for purposes outside any professional or business activity. The protections of Italian Legislative Decree no. 206 of 6 September 2005 (Consumer Code) apply to them where the relevant conditions are met.
• Artist Area: the reserved area of the Platform that the Artist accesses with their credentials.
• Programme: the GetinArt Artists Programme governed by this agreement.

The Artist declares their status (Professional or Non-Professional) at registration or when accepting a new version of the agreement, and promptly notifies any change by email.

2.Subject matter

Under this agreement the Artist joins the Programme and uploads to the Platform one or more Works so that GetinArt may reproduce them on Products and offer them for sale to the public, granting the Artist a Royalty on each sale. Joining the Programme is free of charge: there are no registration fees or entry commissions.

3.Admission and activation

The application is subject to review by GetinArt, which may approve, reject or request additional information at its sole discretion, without any rejection giving rise to compensation. The relationship begins upon approval of the application. The representations and warranties given by the Artist in the application are binding from the moment they are submitted.

4.Licence, adaptations and Unique Works

4.1 Licence. The Artist grants GetinArt, for the whole term of the agreement and worldwide, a non-exclusive licence (except as provided for Unique Works) to reproduce, print, publish, communicate to the public, promote, distribute and sell the Works on the Products, on the Platform and on GetinArt's sales and promotion channels (including product catalogues for search engines and social networks, newsletters, advertising campaigns and materials), including through appointed print suppliers, with the right to sublicense for production and promotion purposes only.

4.2 Adaptations and moral rights. The licence includes the technical adaptations needed for printing and for the commercial presentation of the Products, including: cropping, resizing and changing framing or proportions to fit the sizes chosen by the customer; repeating the Work as a tile or pattern; flipping or mirroring; colour, contrast and sharpness corrections aimed at print quality; placing the Work in mounts, graphic frames and room mockups, including those produced with automated image-processing software; generating previews at different resolutions, possibly watermarked, for the Platform and promotional materials. The Artist, being aware of these adaptations, accepts them under article 22(2) of Italian Law no. 633 of 22 April 1941, to the extent permitted by law, acknowledging that they serve only print quality and commercial promotion. GetinArt carries them out without prejudice to the Artist's honour or reputation, does not alter the content or meaning of the Work and, where technically possible, shows the Artist's name on the Product page.

4.3 Ownership. The Artist remains the copyright owner of the Works. For Works other than Unique Works the Artist remains free to use, assign or license them to third parties, including on other platforms. The licence is granted with no consideration other than the Royalties under article 7.

4.4 Unique Works. When uploading, the Artist may designate an individual Work as a "Unique Work" by enabling the relevant option and confirming it with a specific tick box; the designation is recorded under article 18. For a Unique Work the licence granted to GetinArt is exclusive within the Reserved Fields of Use: while exclusivity lasts, the Artist undertakes not to list for sale, offer, sell, reproduce on products, license or assign to third parties, on any website, platform, marketplace, online or physical shop or other channel, directly or through third parties, the Unique Work or substantially identical versions of it for products within the Reserved Fields of Use.

Substantially identical versions are those in which the Work remains recognisable as the same, for example: significant crops or portions, resized versions, mirrored versions, non-substantial colour or filter variants, minor layout or composition variants.

The Artist remains free to: sell the physical original of the Work (for example the original painting or drawing); exhibit it; publish the Work in their own portfolio, website and social profiles for presentation purposes, without offering reproductions for sale within the Reserved Fields of Use; use it in fields other than the Reserved Fields of Use (for example clothing, publishing, packaging).

The Artist represents that, at the time of designation, the Unique Work is not offered, sold or licensed on other channels within the Reserved Fields of Use, nor subject to exclusive rights granted to third parties. In return for exclusivity, the Royalty increase under article 7.2 applies.

4.5 Duration of exclusivity. Exclusivity starts upon designation and ends on the date the Unique Work is permanently withdrawn from the Artist Area under article 16, or on the effective date of termination of the agreement, for whatever reason. Upon withdrawal the Unique Work is removed from sale on the Platform. Merely hiding the Unique Work temporarily does not end exclusivity, because the Artist can make it visible again.

4.6 Breach of exclusivity and penalty. GetinArt notifies the breach by email, giving the Artist 15 days to provide explanations. If the breach is established: (a) the Artist loses the right to the Royalty increase on the Unique Work, including for sales not yet paid out; (b) the Artist must return the increases already received on the Unique Work, which GetinArt may set off against accrued or future Royalties; (c) as a penalty under article 1382 of the Italian Civil Code, the Artist must pay an amount equal to the total increases accrued on the Unique Work, which may also be set off, without prejudice to further damages. GetinArt may also remove the Unique Work and, in serious or repeated cases, terminate the agreement under article 15.4.

5.Warranties and indemnity

5.1 Warranties. The Artist represents and warrants that: (a) they are the original author of the Works or hold all rights needed to license them under this agreement; (b) the Works and their use under this agreement do not infringe third-party rights, including copyright and related rights, trademarks, designs, image and portrait rights of the persons depicted, rights over the objects and places reproduced, personal data and trade secrets, nor any criminal or administrative provision; (c) they have obtained the necessary releases from any recognisable persons depicted in the Works; (d) the Works have no defamatory, discriminatory, obscene or pornographic, violent, hate- or violence-inciting content, nor content harmful to the dignity of persons or minors, or otherwise unlawful; (e) where they used artificial intelligence tools or third-party materials (for example textures, photographs, fonts, graphic elements), the Works contain the Artist's own creative contribution, the Artist complies with the licence terms of those tools and materials, which allow commercial use, and the Works do not reproduce or recognisably imitate protected works, trademarks or distinctive signs of third parties; (f) the warranties are repeated for each Work through the declaration made at upload, recorded under article 18.

5.2 Indemnity. The Artist shall indemnify and hold harmless GetinArt, its directors, employees and suppliers from any claim, action, damage, penalty, cost and expense arising from third-party claims relating to the Works or from breach of the warranties under article 5.1, including judicial and out-of-court legal fees, amounts paid under settlements or out-of-court agreements and the costs of recalling, refunding or replacing Products. GetinArt promptly informs the Artist of the claim, allows them to take part in the defence and consults them before concluding a settlement whose costs are borne by the Artist.

5.3 No prior verification. The Artist is solely responsible for the ownership, originality and lawfulness of the Works. GetinArt is not required to verify, and does not verify, the ownership of rights in the Works or the existence of third-party rights. The approval of the application (article 3), the moderation and publication of the Works (article 11) and any spot checks are carried out solely in the interest of GetinArt and the Platform: they do not constitute an assessment of ownership of rights, do not entail any assumption of liability by GetinArt and do not reduce the Artist's warranties and indemnity under articles 5.1 and 5.2.

5.4 Set-off. Amounts owed by the Artist under article 5.2, incurred by GetinArt and documented to the Artist by email with the relevant details, may be set off against the Artist's accrued and future Royalties relating to any Work. Any remaining balance is repaid within 60 days of the request. GetinArt's right to further damages is unaffected.

5.5 Identification of the Artist. The Artist provides truthful identification and tax data and, at GetinArt's request, a copy of a valid identity document and any information useful to verify their identity. Until such data is provided GetinArt may refrain from publishing the Works and suspend payment of Royalties. Providing false data is a ground for termination under article 15.4.

6.Notices and removal

6.1 Anyone who believes that a Work infringes rights or is unlawful may send a reasoned notice through the form available at www.getinart.com/en/segnala-contenuto or to support@getinart.com.

6.2 Upon receiving a sufficiently substantiated notice, or otherwise becoming aware of a possible infringement, GetinArt may, as a precaution and without notice: (a) suspend or remove the contested Works from the Platform; (b) suspend payment of the Royalties relating to the contested Works, accrued and future, until the matter is resolved.

6.3 The Artist cooperates in good faith and provides, within 10 days of the request, documents, source files, proof of authorship, releases and any other useful information.

6.4 GetinArt informs the Artist by email of the measure taken and the reasons for it, also under Regulation (EU) 2022/2065 (Digital Services Act). The Artist may contest the measure by replying to the communication, and GetinArt reviews the decision.

6.5 If the notice proves unfounded, the Work is restored and the suspended Royalties are paid with the next available payout, without interest. If it proves founded, the Royalties relating to the Work are not due and, if already paid, are reversed under article 8; articles 5.2 and 15.4 remain applicable.

7.Royalties

7.1 The Artist is entitled to a Royalty on each Product sold that reproduces one of their Works, calculated as a percentage of the Net Sale Price. The percentages currently in force, unless a different percentage is individually agreed with the Artist, are:

• Wallpaper: 15%
• Canvas print: 15%
• Fine Art print: 10%

7.2 For Products reproducing a Unique Work, the applicable percentage, by type of Product or individually agreed, is increased by 5 percentage points (unless a different increase is individually agreed with the Artist), added to the base percentage.

7.3 The Royalty is borne by the end customer: the public price of the print of a Work, freely set by GetinArt, includes it. Since the Royalty is calculated on the price actually paid, discounts applied to the order also reduce the Royalty proportionally.

7.4 The Royalty accrues when the customer's order enters production, subject to the reversals under article 8. The percentage in force at that time applies.

7.5 In the Artist Area GetinArt provides a sales statement showing, for each Royalty, the calculation basis, percentage, amount and status (accrued, on hold, paid, reversed).

8.Returns, refunds and reversals

8.1 The Royalty is not due, in whole or in part, in the event of: order cancellation; exercise of the right of withdrawal or return by the customer; full or partial refund; non-collection of the price; chargeback, reversal or payment dispute by the customer or their payment institution. In the event of a partial refund the Royalty is reduced in proportion to the amount refunded on the price of the goods.

8.2 If the Royalty has not yet been paid, it is cancelled or reduced. If it has already been paid, the corresponding amount is reversed and set off against the Artist's accrued or future Royalties; if a balance owed by the Artist remains at termination, GetinArt may request its repayment, to be made within 60 days of the request.

8.3 Free reprints or replacements made by GetinArt for defects, transport damage or errors do not generate a new Royalty.

9.Payments

Accrued Royalties are paid monthly, within 30 days from the end of each month, via PayPal, to the PayPal email address indicated by the Artist. A minimum payout threshold of €25.00 applies: if the accrued balance, net of reversals, is below the threshold, it accumulates and is paid in the first month the threshold is reached. On termination of the agreement the balance is paid even if below the threshold. Royalties on hold under article 6 do not count towards the balance until the matter is resolved. The Artist is responsible for the accuracy and updating of the payment details; any costs arising from incorrect details are borne by the Artist.

10.Tax regime

For Non-Professional Artists, Royalties are consideration for the economic use of an intellectual work under articles 2575 et seq. of the Italian Civil Code and Italian Law no. 633 of 22 April 1941; the withholding tax and the flat-rate deduction provided by applicable law apply, depending on the Artist's status and age. For Professional Artists, fees are documented according to the tax regime applicable to the Artist (for example by invoice) and paid upon receipt of the relevant document. The Artist provides the necessary tax data and promptly notifies any change. For non-resident Artists, double taxation treaties apply where the relevant conditions are met and the required documentation is provided.

11.Quality standards and moderation

Works must meet the technical requirements published by GetinArt (formats, resolution, colour). GetinArt may refuse, not publish, suspend or remove Works that do not meet the technical requirements, are of inadequate quality, breach article 5.1, are subject to a notice under article 6 or harm the brand's image, according to reasonable and non-discriminatory criteria. GetinArt gives the Artist a reasoned communication, by email or in the Artist Area, of the refusal of a proposed Work and of any measure taken on a published Work. Such measures do not give rise to any compensation, without prejudice to Royalties already accrued and due. Moderation does not entail any verification of rights in the Works, under article 5.3.

12.Public profile, use of name and promotion

12.1 The Artist authorises GetinArt to publish on the Platform a public profile of the Artist showing: name or artist name, profile and cover image, biography, styles, website and social profiles if provided, published Works, ratings given by users (votes) and number of followers.

12.2 The Artist authorises GetinArt to use these elements and images of the Works to promote the Works, the Products, the Programme and the Platform on any channel (website, newsletter, social networks, advertising campaigns, catalogues), for the term of the agreement.

12.3 The Artist is aware that ratings, number of followers, sales performance and profile completeness may affect the visibility of their Works on the Platform (for example in sorting and recommendations) and that GetinArt does not guarantee any ranking.

12.4 After termination of the agreement or withdrawal of a Work, GetinArt does not start new promotional uses; digital content already published on its own channels is removed within 30 days where technically possible, while materials already printed or distributed and content shared by third parties are not recalled.

13.Personal data

PRiNKO S.r.l. processes the Artist's personal data as data controller under Regulation (EU) 2016/679 (GDPR): to perform the agreement and pre-contractual measures, including publication of the public profile under article 12 (art. 6.1.b); to comply with tax and accounting obligations (art. 6.1.c); for its legitimate interest in keeping proof of acceptance of the agreement, ensuring the security of the Platform and defending its rights (art. 6.1.f). Promotional communications and the newsletter are sent only with the Artist's optional consent, which can be withdrawn at any time. Details are set out in the Privacy Policy, in the section dedicated to Artists.

14.File storage

14.1 GetinArt stores the Work files uploaded by the Artist using reasonable and proportionate technical and organisational measures. GetinArt's obligation is one of means, not of result: the Platform is not a storage or backup service.

14.2 The Artist always keeps their own copy of the original files of the Works and does not rely on the Platform as the only copy.

14.3 Towards Professional Artists, GetinArt is liable for loss, damage or unauthorised access to the files only in case of wilful misconduct or gross negligence. Towards Non-Professional Artists, GetinArt's liability is governed by law.

14.4 After termination of the agreement or withdrawal of a Work, GetinArt may delete the relevant files after 90 days, except as needed to fulfil pending orders, comply with legal obligations or defend a right.

15.Term, withdrawal and termination

15.1 The agreement is for an indefinite term.

15.2 Either Party may withdraw at any time with 90 days' notice, given by email. During the notice period the Artist may still withdraw individual Works under article 16.

15.3 In the event of amendments to the agreement, the Artist may withdraw without notice and without penalty, under article 17.

15.4 Under article 1456 of the Italian Civil Code, GetinArt may terminate the agreement with immediate effect, by email, in case of: plagiarism or established infringement of third-party rights; serious or repeated breach of exclusivity on Unique Works; provision of false data; upload of content prohibited by article 5.1(d); fraud or abuse of the Platform.

15.5 In any case of termination: (a) the licence ends for new sales and the Works are removed from sale on the Platform within 5 working days of the effective date; (b) orders already received are fulfilled and the licence continues only as needed to fulfil them; (c) Royalties accrued up to the effective date and those relating to the orders under (b) are paid under article 9, even if below the threshold, subject to reversals under article 8; (d) exclusivity on Unique Works ends under article 4.5; (e) article 12.4 applies to promotional materials; (f) articles 4.6, 5, 6.5, 8, 14.4, 19 and 20 survive.

16.Withdrawal of individual Works

16.1 From the Artist Area the Artist may, at any time and without giving reasons: (a) hide a Work temporarily, so that it is no longer visible or purchasable on the Platform and can be made visible again by the Artist; for Unique Works exclusivity continues; (b) permanently withdraw a Work, which is removed from sale on the Platform and cannot be restored by the Artist; for Unique Works exclusivity ends on the withdrawal date.

16.2 Hiding or withdrawing a Work takes effect immediately on the Platform. On external channels that update periodically (for example search engine product catalogues and advertising campaigns) the update may take up to 7 days; article 12.4 applies to promotional materials.

16.3 Withdrawal does not apply to orders already received, in production or shipped, which are fulfilled normally and generate the relevant Royalties; for those orders the licence continues only as needed to fulfil them.

17.Amendments to the agreement

17.1 GetinArt may amend the agreement and the Royalty percentages for justified reasons, such as legislative or tax changes, orders of authorities, changes in services, production processes or costs, security needs or abuse prevention. Amendments are notified at least 30 days in advance by email and in the Artist Area, stating the date they take effect. Amendments are not retroactive: new percentages apply only to Royalties accruing after they take effect.

17.2 Professional Artists. Continuing the relationship after the amendments take effect constitutes acceptance. Until that date the Professional Artist may withdraw without notice and without penalty.

17.3 Non-Professional Artists. Substantial amendments, such as a reduction of the Royalty percentages or of the Unique Work increase, an increase of the payout threshold, an extension of the licence or exclusivity, new obligations or restrictions for the Artist, require the Artist's express acceptance, requested at the first access to the Artist Area in the manner set out in article 18. Until the Artist accepts, the relationship continues under the previous terms. If the Artist does not accept, they may withdraw without notice and without penalty; if they do not accept within 60 days of the amendments taking effect, GetinArt may also withdraw with 30 days' notice. Non-substantial amendments, or amendments favourable to the Artist, take effect on the date stated.

17.4 GetinArt may in any case ask all Artists to expressly accept a new version of the agreement and make the use of the Artist Area functions conditional on choosing between acceptance and withdrawal; until that choice is made, sales and Royalties continue under the previous version.

18.Electronic acceptance, evidence and communications

18.1 The agreement is concluded electronically with a double consent: (a) ticking the box accepting the agreement; (b) ticking the separate box specifically approving, under articles 1341 and 1342 of the Italian Civil Code, the clauses listed under "Acceptance". Both boxes are mandatory and acceptance is confirmed by entering the one-time code sent to the Artist's email address. This procedure constitutes an electronic signature under Regulation (EU) 910/2014 and Italian Legislative Decree no. 82 of 7 March 2005; the Parties acknowledge that it is equivalent to signing the agreement. The same procedure applies to the acceptance of new versions of the agreement; designating a Unique Work requires the specific tick box under article 4.4.

18.2 For each acceptance GetinArt records: agreement version, date and time (UTC), IP address, technical browser data, interface language, status of the tick boxes, verification of the code sent by email, digital fingerprint and copy of the accepted text. The Parties agree that these records constitute evidence of the acceptance and of its content, save for manifest error or evidence to the contrary.

18.3 For a new version of the agreement, the new acceptance is recorded in the same way, without deleting previous records. A copy of the accepted version is available in the Artist Area, "Profile and documents" section, and on request.

18.4 Communications between the Parties take place by email: for the Artist, to the address given at registration, which the Artist keeps up to date; for GetinArt, to support@getinart.com or to the certified email (PEC) prinko@pec.prinko.it.

19.Limitation of liability

19.1 GetinArt does not guarantee any minimum sales volume, economic result or uninterrupted availability of the Platform, which may be suspended for maintenance, faults or force majeure.

19.2 Towards Professional Artists, and without prejudice to article 14.3, GetinArt is liable only for wilful misconduct or gross negligence and, to the extent permitted by law, liability for lost profits, loss of opportunity and indirect damages is excluded.

19.3 Towards Non-Professional Artists, GetinArt's liability is governed by law and no clause of the agreement limits the rights that the law grants them on a mandatory basis.

19.4 Liability for wilful misconduct or gross negligence and for damages that cannot be excluded by law remains unaffected in all cases.

20.Governing law and jurisdiction

The agreement is governed by Italian law. For any dispute concerning its validity, interpretation, performance or termination: (a) with a Professional Artist, the Court of Tivoli (RM), Italy, has exclusive jurisdiction; (b) with a Non-Professional Artist acting as a consumer, the mandatory jurisdiction of the court of the consumer's place of residence or domicile applies, together with the mandatory protective rules of the State where they habitually reside. The mandatory jurisdiction of the specialised business courts for copyright disputes is unaffected.

21.Final provisions

21.1 The agreement is drafted in Italian, which is the binding version; the English translation is provided to help the Artist understand it. Towards Non-Professional Artists, where the meaning of a clause is doubtful, the interpretation most favourable to them prevails.

21.2 The invalidity of any clause does not affect the validity of the others.

21.3 The Artist may not assign the agreement without GetinArt's written consent. GetinArt may assign it, notifying the Artist, to companies of its group or to the buyer of the business or business unit operating the Platform, without reducing the Artist's protections.