Terms and Conditions
GENERAL TERMS AND CONDITIONS OF USE (GTC)
Preamble
These General Terms and Conditions of Use (the “GTC”) govern access to and use of the Algorium online service (the “Service” or the “Calculator”), accessible in particular at www.algorium.art
By accessing the Service, creating an account, or subscribing, the user (the “User”) accepts these GTC without reservation.
Only the French version of Algorium's general terms and conditions is legally binding.
Article 1 – Definitions
1.1 “Algorium” or “Publisher”: the company that publishes the Service.
1.2 “User”: any natural or legal person accessing the Service.
1.3 “Evaluation Report”: document generated by the Service, indicating the main values and estimate of a work and other elements of analysis.
1.4 “User Content”: any data, image, text, information transmitted by the User.
1.5 “Work to be evaluated” or “Work”: work for which values are calculated.
Article 2 – Access and Registration
2.1 Access to the Service is initially free (limited and temporary trial version) and is then subject to an annual subscription.
2.2 Algorium will be authorized to request personal and/or professional information necessary for the management of your account in order to improve the suitability of the services.
2.3 Registration requires the provision of accurate and up-to-date information.
2.4 The User represents and warrants that they are at least 18 years old, that they have the Legal capacity to enter into this contract, register on the Algorium calculator, and subscribe, allowing them to then perform queries and consultations.
2.5 Algorium reserves the right to refuse or terminate any account in the event of non-compliance with these Terms and Conditions.
2.6 The User is responsible for maintaining the confidentiality of their access codes (username and password) and undertakes, under their sole responsibility, to perform queries. Any fraudulent use of the Service is prohibited and will render the User liable.
Article 3 – Intellectual Property
3.1 The Service, the software, the calculation method, the source code, the graphical interface, the structure, the evaluation methodology, the original layout of the questionnaire (order, logic, creative wording), its hierarchy, its ergonomics, and the documentation constitute works protected by copyright and database rights.
3.2 The name “Algorium,” its spelling, and its logo are protected as trademarks. Any unauthorized use is prohibited. 3.3 Any reproduction, modification, adaptation, reverse engineering, or attempt to access the source code is strictly prohibited.
Article 4 – Usage Restrictions
4.1 The User's account and its use are strictly personal.
The User is therefore prohibited from assigning, transferring, or sublicensing their user rights to anyone.
They may not allow other people to use their account, passwords, and login credentials. In the event of a breach of these Terms of Service, the User's subscription and/or registration may be terminated immediately by Algorium, the subscription will not be refunded, and the User will not be entitled to any compensation from Algorium. Furthermore, Algorium reserves the right to claim from the fraudulent User payment of any sums not settled due to the fraudulent use of their account by any other user and/or due to a violation of these Terms of Service.
4.2 The User is prohibited from any automated data extraction (robots, scripts, scrapers).
In case of doubt, Algorium reserves the right to limit the number and frequency of queries and consultations performed on its calculator, without such reduction or limitation giving rise to any claim or harm on the part of the User. Among other things, all queries not customary in the profession are prohibited, as are all automated queries, including those performed by automated systems, software, hardware, and queries based on algorithms, sequences, or by comparing another database.
In the event of prohibited queries, the User risks immediate cancellation of their subscription without refund and legal action that may result in the payment of damages to Algorium.
4.3 The User may not misuse the Service for purposes other than its normal use, nor make unauthorized commercial use of it.
4.4 Any act of plagiarism or imitation of the Service constitutes unfair competition and will result in legal action.
Article 5 – User Content
5.1 The User warrants that they possess the necessary rights to the images and data they transmit.
5.2 The User agrees to use only royalty-free images or images in the public domain. In the event of non-compliance with reproduction rights, the User may be subject to legal action by the artists, rights holders, or entities mandated to manage copyright.
5.3 The User is solely responsible for the data provided and shall indemnify Algorium against any third-party claims.
5.4 The User is responsible for the rendering of their own logo, which appears in the header of the Valuation Report.
Article 6 – Valuation Report
6.1 Algorium generates a Valuation Report based on a calculation methodology that is the property of Algorium.
Based on the information provided by the client and subject to feasibility, the Service establishes a Valuation Report including the following elements:
- a market value
- an insurance value
- an inheritance value
- an asset value
- an estimated price range at public auction
- a reliability rate
- a date of Validity of results
- the contact details of the person responsible for the appraisal (the User)
- a header with the User's company logo
- the contact details of the recipient
- up to three reference works with brief descriptive sheets and auction results at hammer price.
The images and data in the Appraisal Report are for strictly private use.
Therefore, you may not use, reproduce, display, distribute, or exploit the transmitted images and data. Failure to comply with this provision shall in no case render Algorium liable.
The Appraisal Report generated by Algorium is intended for Works in the Painting category, provided they are attributed to an artist who has achieved sufficient auction results on the secondary market (auction market).
The validity period of the Appraisal Report is limited to 2 months from the date of registration.
Once registered, the Service generates an Appraisal Report with an attached QR code protected by the blockchain system. (see Roberto)
Any delay in making the Evaluation Report available due to a technical problem with display, storage, or other issues shall in no case give rise to liability on the part of Algorium.
6.2 The Evaluation Report is purely indicative and does not constitute a certificate of authenticity, an expert opinion in the legal or professional sense of the term, or an act of authentication or certification of the work, and may not be invoked or used for such purposes.
6.3 The User acknowledges that the Evaluation Report cannot serve as the sole basis for a financial or asset transaction or any other administrative or tax action. In this respect, Algorium does not in any way replace experts, consultants, and specialists and expressly recommends that the User seek their professional expertise.
6.4 Algorium disclaims all liability for the use, interpretation, or consequences that may result from the Evaluation Report. Consequently, no legal action of any kind may be taken against it. The User waives all claims or legal proceedings relating to damages caused by errors based on contractual, tortious, or any other legal basis.
Article 7 – Responsibilities and Guarantees
7.1 Algorium is bound by an obligation of means. The Service simply provides the User with the valuation results generated by its Calculator from reference works already sold at auction, belonging to the body of work of the artist presumed to be the author of the Work to be valued, and selected by the User. Consequently, Algorium cannot be held responsible for either the selection of reference works or the authentication of the work to be evaluated.
7.2 Algorium cannot be held responsible for interruptions beyond its control.
7.3 Algorium's liability for direct damages is limited to the sums actually paid by the User for their subscription.
7.4 Algorium is not liable for indirect damages, loss of profits, loss of value, or disputes between the User and third parties.
Article 8 – Protection of Personal Data
8.1 The User's personal data is processed in accordance with Algorium's Privacy Policy.
8.2 In accordance with the GDPR, the User has the right to access, rectify, object to, erase, and port their data.
8.3 Data is retained only for the period necessary for the purposes for which it was collected.
Article 9 – Termination
9.1 Algorium may suspend or terminate the User's access in the event of a serious breach of the General Terms and Conditions of Use (GTC).
9.2 Algorium reserves the right to refuse or cancel without notice the registration or subscription of a User with whom it has had difficulties in the past, whether regarding the payment of invoices or due to reprehensible behavior with respect to Algorium's general terms and conditions or the law.
9.3 In the event of In the event of termination, no refund is due, except where required by mandatory legal provisions.
Article 10 – Applicable Law and Jurisdiction
10.1 These Terms and Conditions are governed by Swiss law.
10.2 Any dispute shall be subject to the exclusive jurisdiction of the courts of the Canton of Geneva, unless otherwise required by mandatory provisions.
GENERAL TERMS AND CONDITIONS OF SALE (GTC)
Preamble
These General Terms and Conditions of Sale (the “GTC”) govern the marketing of subscriptions and paid services offered by Algorium. They supplement the Terms and Conditions.
Article 1 – Formation of the Contract
1.1 The subscription contract becomes effective upon receipt of the subscription payment. Payment is due in full for a period of one year.
1.2 Algorium reserves the right to refuse any order for legitimate reasons.
1.3 Algorium reserves the right to modify this contract at any time by posting these modifications online. It is then the User's responsibility to regularly review the information intended for users, which will be available online for this purpose.
If the customer continues to use the Algorium calculator after these modifications have been posted online, they will be deemed to have accepted this contract as amended.
If the customer disagrees with these modifications, they must inform Algorium within 8 days of their posting.
1.4 These General Terms and Conditions of Sale (GTC) and these General Terms and Conditions of Use (GTU), once accepted by clicking, form an integral part of the contract between the User and Algorium.
This contract is governed by Swiss law.
Article 2 – Price and Payment of Subscription
2.1 Prices are expressed in Swiss francs (CHF).
2.2 Algorium is not responsible for any difference that may occur between the subscription price and the invoiced amount, due to exchange rate fluctuations or bank commissions. Exchange fees, bank commissions, and other taxes are the sole responsibility of the User.
2.3 The subscription fee is due in full upon registration for a period of one year.
2.4 The subscription fee must be paid by bank transfer in Swiss francs (CHF) to the following account number:
PostFinance Geneva
IBAN: XXXXXXXX
BIC: XXXXXXXXX
2.5 Algorium reserves the right to modify its subscription price at any time without explanation, but undertakes to apply the rates in effect that were indicated to you at the time of your subscription request until its expiry (maximum 1 year) (to be reviewed by the expert lawyer)
Article 3 – Right of Withdrawal
3.1 Algorium offers all its new Users a trial period 8-day free trial with limited access. Consequently, and according to applicable Swiss law, the User does not have a right of withdrawal for any reason whatsoever. The subscription fee is therefore due to Algorium and will not be refunded by them. (To be completed by the expert lawyer)
Article 4 – Duration and Renewal
4.1 Subscriptions are concluded for a fixed term of one year from the first day of subscription.
4.2 Subscriptions are automatically renewed unless terminated in writing before the expiry date.
4.3 In the event of non-payment of subscription renewal, access is suspended immediately.
Article 5 – Termination and Suspension
5.1 Algorium may suspend or terminate a subscription without notice if the bank transfer or deferred bank transfer is rejected. In the event of a payment rejection, Algorium reserves the right to charge the User for any related costs.
5.2 Algorium may also suspend or terminate a subscription without notice in the event of a breach by the User.
5.3 In the event of non-payment of subscription renewal, access is suspended immediately.
Article 6 – Guarantees and Liability
6.1 Algorium provides its services on a best-efforts basis.
6.2 The values and estimates provided are indicative and do not constitute a binding commitment on the part of Algorium.
6.3 Algorium is only liable for direct and foreseeable damages.
Article 7 – Force Majeure
7.1 Algorium is not liable for any failures due to force majeure (natural disaster, cyberattack, strike, supplier failure).
Article 8 – Applicable Law and competent jurisdiction
8.1 These General Terms and Conditions are governed by Swiss law.
8.2 Any dispute falls under the exclusive jurisdiction of the courts of Geneva.
Preamble
These General Terms and Conditions of Use (the “GTC”) govern access to and use of the Algorium online service (the “Service” or the “Calculator”), accessible in particular at www.algorium.art
By accessing the Service, creating an account, or subscribing, the user (the “User”) accepts these GTC without reservation.
Only the French version of Algorium's general terms and conditions is legally binding.
Article 1 – Definitions
1.1 “Algorium” or “Publisher”: the company that publishes the Service.
1.2 “User”: any natural or legal person accessing the Service.
1.3 “Evaluation Report”: document generated by the Service, indicating the main values and estimate of a work and other elements of analysis.
1.4 “User Content”: any data, image, text, information transmitted by the User.
1.5 “Work to be evaluated” or “Work”: work for which values are calculated.
Article 2 – Access and Registration
2.1 Access to the Service is initially free (limited and temporary trial version) and is then subject to an annual subscription.
2.2 Algorium will be authorized to request personal and/or professional information necessary for the management of your account in order to improve the suitability of the services.
2.3 Registration requires the provision of accurate and up-to-date information.
2.4 The User represents and warrants that they are at least 18 years old, that they have the Legal capacity to enter into this contract, register on the Algorium calculator, and subscribe, allowing them to then perform queries and consultations.
2.5 Algorium reserves the right to refuse or terminate any account in the event of non-compliance with these Terms and Conditions.
2.6 The User is responsible for maintaining the confidentiality of their access codes (username and password) and undertakes, under their sole responsibility, to perform queries. Any fraudulent use of the Service is prohibited and will render the User liable.
Article 3 – Intellectual Property
3.1 The Service, the software, the calculation method, the source code, the graphical interface, the structure, the evaluation methodology, the original layout of the questionnaire (order, logic, creative wording), its hierarchy, its ergonomics, and the documentation constitute works protected by copyright and database rights.
3.2 The name “Algorium,” its spelling, and its logo are protected as trademarks. Any unauthorized use is prohibited. 3.3 Any reproduction, modification, adaptation, reverse engineering, or attempt to access the source code is strictly prohibited.
Article 4 – Usage Restrictions
4.1 The User's account and its use are strictly personal.
The User is therefore prohibited from assigning, transferring, or sublicensing their user rights to anyone.
They may not allow other people to use their account, passwords, and login credentials. In the event of a breach of these Terms of Service, the User's subscription and/or registration may be terminated immediately by Algorium, the subscription will not be refunded, and the User will not be entitled to any compensation from Algorium. Furthermore, Algorium reserves the right to claim from the fraudulent User payment of any sums not settled due to the fraudulent use of their account by any other user and/or due to a violation of these Terms of Service.
4.2 The User is prohibited from any automated data extraction (robots, scripts, scrapers).
In case of doubt, Algorium reserves the right to limit the number and frequency of queries and consultations performed on its calculator, without such reduction or limitation giving rise to any claim or harm on the part of the User. Among other things, all queries not customary in the profession are prohibited, as are all automated queries, including those performed by automated systems, software, hardware, and queries based on algorithms, sequences, or by comparing another database.
In the event of prohibited queries, the User risks immediate cancellation of their subscription without refund and legal action that may result in the payment of damages to Algorium.
4.3 The User may not misuse the Service for purposes other than its normal use, nor make unauthorized commercial use of it.
4.4 Any act of plagiarism or imitation of the Service constitutes unfair competition and will result in legal action.
Article 5 – User Content
5.1 The User warrants that they possess the necessary rights to the images and data they transmit.
5.2 The User agrees to use only royalty-free images or images in the public domain. In the event of non-compliance with reproduction rights, the User may be subject to legal action by the artists, rights holders, or entities mandated to manage copyright.
5.3 The User is solely responsible for the data provided and shall indemnify Algorium against any third-party claims.
5.4 The User is responsible for the rendering of their own logo, which appears in the header of the Valuation Report.
Article 6 – Valuation Report
6.1 Algorium generates a Valuation Report based on a calculation methodology that is the property of Algorium.
Based on the information provided by the client and subject to feasibility, the Service establishes a Valuation Report including the following elements:
- a market value
- an insurance value
- an inheritance value
- an asset value
- an estimated price range at public auction
- a reliability rate
- a date of Validity of results
- the contact details of the person responsible for the appraisal (the User)
- a header with the User's company logo
- the contact details of the recipient
- up to three reference works with brief descriptive sheets and auction results at hammer price.
The images and data in the Appraisal Report are for strictly private use.
Therefore, you may not use, reproduce, display, distribute, or exploit the transmitted images and data. Failure to comply with this provision shall in no case render Algorium liable.
The Appraisal Report generated by Algorium is intended for Works in the Painting category, provided they are attributed to an artist who has achieved sufficient auction results on the secondary market (auction market).
The validity period of the Appraisal Report is limited to 2 months from the date of registration.
Once registered, the Service generates an Appraisal Report with an attached QR code protected by the blockchain system. (see Roberto)
Any delay in making the Evaluation Report available due to a technical problem with display, storage, or other issues shall in no case give rise to liability on the part of Algorium.
6.2 The Evaluation Report is purely indicative and does not constitute a certificate of authenticity, an expert opinion in the legal or professional sense of the term, or an act of authentication or certification of the work, and may not be invoked or used for such purposes.
6.3 The User acknowledges that the Evaluation Report cannot serve as the sole basis for a financial or asset transaction or any other administrative or tax action. In this respect, Algorium does not in any way replace experts, consultants, and specialists and expressly recommends that the User seek their professional expertise.
6.4 Algorium disclaims all liability for the use, interpretation, or consequences that may result from the Evaluation Report. Consequently, no legal action of any kind may be taken against it. The User waives all claims or legal proceedings relating to damages caused by errors based on contractual, tortious, or any other legal basis.
Article 7 – Responsibilities and Guarantees
7.1 Algorium is bound by an obligation of means. The Service simply provides the User with the valuation results generated by its Calculator from reference works already sold at auction, belonging to the body of work of the artist presumed to be the author of the Work to be valued, and selected by the User. Consequently, Algorium cannot be held responsible for either the selection of reference works or the authentication of the work to be evaluated.
7.2 Algorium cannot be held responsible for interruptions beyond its control.
7.3 Algorium's liability for direct damages is limited to the sums actually paid by the User for their subscription.
7.4 Algorium is not liable for indirect damages, loss of profits, loss of value, or disputes between the User and third parties.
Article 8 – Protection of Personal Data
8.1 The User's personal data is processed in accordance with Algorium's Privacy Policy.
8.2 In accordance with the GDPR, the User has the right to access, rectify, object to, erase, and port their data.
8.3 Data is retained only for the period necessary for the purposes for which it was collected.
Article 9 – Termination
9.1 Algorium may suspend or terminate the User's access in the event of a serious breach of the General Terms and Conditions of Use (GTC).
9.2 Algorium reserves the right to refuse or cancel without notice the registration or subscription of a User with whom it has had difficulties in the past, whether regarding the payment of invoices or due to reprehensible behavior with respect to Algorium's general terms and conditions or the law.
9.3 In the event of In the event of termination, no refund is due, except where required by mandatory legal provisions.
Article 10 – Applicable Law and Jurisdiction
10.1 These Terms and Conditions are governed by Swiss law.
10.2 Any dispute shall be subject to the exclusive jurisdiction of the courts of the Canton of Geneva, unless otherwise required by mandatory provisions.
GENERAL TERMS AND CONDITIONS OF SALE (GTC)
Preamble
These General Terms and Conditions of Sale (the “GTC”) govern the marketing of subscriptions and paid services offered by Algorium. They supplement the Terms and Conditions.
Article 1 – Formation of the Contract
1.1 The subscription contract becomes effective upon receipt of the subscription payment. Payment is due in full for a period of one year.
1.2 Algorium reserves the right to refuse any order for legitimate reasons.
1.3 Algorium reserves the right to modify this contract at any time by posting these modifications online. It is then the User's responsibility to regularly review the information intended for users, which will be available online for this purpose.
If the customer continues to use the Algorium calculator after these modifications have been posted online, they will be deemed to have accepted this contract as amended.
If the customer disagrees with these modifications, they must inform Algorium within 8 days of their posting.
1.4 These General Terms and Conditions of Sale (GTC) and these General Terms and Conditions of Use (GTU), once accepted by clicking, form an integral part of the contract between the User and Algorium.
This contract is governed by Swiss law.
Article 2 – Price and Payment of Subscription
2.1 Prices are expressed in Swiss francs (CHF).
2.2 Algorium is not responsible for any difference that may occur between the subscription price and the invoiced amount, due to exchange rate fluctuations or bank commissions. Exchange fees, bank commissions, and other taxes are the sole responsibility of the User.
2.3 The subscription fee is due in full upon registration for a period of one year.
2.4 The subscription fee must be paid by bank transfer in Swiss francs (CHF) to the following account number:
PostFinance Geneva
IBAN: XXXXXXXX
BIC: XXXXXXXXX
2.5 Algorium reserves the right to modify its subscription price at any time without explanation, but undertakes to apply the rates in effect that were indicated to you at the time of your subscription request until its expiry (maximum 1 year) (to be reviewed by the expert lawyer)
Article 3 – Right of Withdrawal
3.1 Algorium offers all its new Users a trial period 8-day free trial with limited access. Consequently, and according to applicable Swiss law, the User does not have a right of withdrawal for any reason whatsoever. The subscription fee is therefore due to Algorium and will not be refunded by them. (To be completed by the expert lawyer)
Article 4 – Duration and Renewal
4.1 Subscriptions are concluded for a fixed term of one year from the first day of subscription.
4.2 Subscriptions are automatically renewed unless terminated in writing before the expiry date.
4.3 In the event of non-payment of subscription renewal, access is suspended immediately.
Article 5 – Termination and Suspension
5.1 Algorium may suspend or terminate a subscription without notice if the bank transfer or deferred bank transfer is rejected. In the event of a payment rejection, Algorium reserves the right to charge the User for any related costs.
5.2 Algorium may also suspend or terminate a subscription without notice in the event of a breach by the User.
5.3 In the event of non-payment of subscription renewal, access is suspended immediately.
Article 6 – Guarantees and Liability
6.1 Algorium provides its services on a best-efforts basis.
6.2 The values and estimates provided are indicative and do not constitute a binding commitment on the part of Algorium.
6.3 Algorium is only liable for direct and foreseeable damages.
Article 7 – Force Majeure
7.1 Algorium is not liable for any failures due to force majeure (natural disaster, cyberattack, strike, supplier failure).
Article 8 – Applicable Law and competent jurisdiction
8.1 These General Terms and Conditions are governed by Swiss law.
8.2 Any dispute falls under the exclusive jurisdiction of the courts of Geneva.