Creator and Platform Agreement

1. Relationship and authority

This Creator Agreement supplements the Terms of Service. The creator is an independent seller and content provider, not an employee, partner, franchisee, or general agent of GenMoMA.

The creator authorizes GenMoMA to list exhibitions, collect payments as limited payment agent, process refunds, deduct disclosed fees, share required transaction data with Stripe, and take actions reasonably necessary to operate the platform.

2. Creator responsibilities

• Provide accurate identity, business, tax, payout, exhibition, pricing, and contact information.
• Deliver the exhibition and access described to buyers and respond reasonably to support requests.
• Maintain all rights, licences, releases, permits, and consents required for artworks and related materials.
• Comply with consumer, advertising, ticketing, privacy, intellectual-property, sanctions, export, and tax laws.
• Do not manipulate sales, misrepresent scarcity, hide mandatory fees, or engage in deceptive practices.

3. Content ownership and licence

The creator retains ownership of creator content. The creator grants GenMoMA a worldwide, non-exclusive, sublicensable-to-service-providers, royalty-free licence during the agreement and any required transition period to host, copy, transcode, resize, secure, display, distribute to authorized visitors, and promote the creator’s gallery.

GenMoMA will not use private artwork files to train a generative AI model without a separate, express agreement. Promotional use should use reasonable attribution where supplied.

4. Stripe Connect

Payment processing and connected-account services are provided by Stripe and are subject to the Stripe Connected Account Agreement and applicable Stripe Services Agreement. By activating payouts, the creator agrees to those Stripe agreements and authorizes GenMoMA to share accurate account and transaction information with Stripe.

The creator must complete verification and keep connected-account information current. Stripe or GenMoMA may pause sales or payouts when requirements are overdue, capabilities are disabled, or activity creates unacceptable legal or financial risk.

5. Fees and payouts

• GenMoMA’s platform fee is 10% of the displayed ticket price unless a separate written schedule applies.
• Stripe processing fees, taxes, refunds, reserves, disputes, currency conversion, and other deductions will be allocated as disclosed in the applicable pricing schedule or checkout configuration.
• Payout timing depends on Stripe, banking networks, account verification, reserves, disputes, and applicable law.
• The creator is responsible for taxes on creator revenue and for providing tax documentation where required.

6. Refunds, disputes, and negative balances

The creator authorizes GenMoMA to issue refunds required by the Ticket Policy, law, card-network rules, platform error, exhibition cancellation, material misdescription, or reasonable dispute resolution.

Refunds may reverse creator transfers and applicable platform fees. The creator is responsible for creator-caused refunds, chargebacks, penalties, and negative balances. GenMoMA may offset those amounts against future payouts where permitted.

7. Records, support, and privacy

Each party will keep records reasonably necessary for transactions and compliance. Buyer information may be used only to fulfil the exhibition, provide support, prevent fraud, and comply with law—not for unrelated marketing without valid permission.

Creators must use appropriate safeguards and promptly notify GenMoMA of suspected unauthorized access or privacy incidents affecting platform data.

8. Removal, suspension, and wind-down

GenMoMA may pause ticket sales, remove content, hold available funds where permitted, or suspend a gallery for infringement, fraud, safety, legal, payment, or material-quality concerns.

On termination, the parties will cooperate to honour or refund outstanding tickets. GenMoMA may retain and display limited records as required for buyers, accounting, disputes, and legal obligations.

9. Indemnity and liability

To the extent permitted by law, the creator will defend and indemnify GenMoMA against third-party claims arising from creator content, infringement, misdescription, unlawful conduct, taxes, failure to deliver, or breach of this agreement.

Any indemnity, exclusion, or liability cap remains subject to non-waivable law and should be reviewed by qualified counsel for the creator countries supported at launch.