KALKFELL

TERMS OF USE & PRIVACY POLICY

Effective date:01.10.2026

Welcome to Kalkfell, a creative community and marketplace where artists can showcase, share, trade, and sell their artwork.

We aim to provide a creative, respectful, secure, and legally compliant environment for artists, collectors, buyers, sellers, and other members of the community.

By creating an account, accessing, or using the Kalkfell website and services, you agree to these Terms of Use & Privacy Policy. If you do not agree with these terms, you should not use the platform.

PART I — TERMS OF USE

1. Eligibility and Age Requirement

Kalkfell is intended for adults.

You must be at least 18 years old to create an account, upload content, participate in groups, sell or trade artwork, or use the interactive and commercial features of the platform.

By creating an account or using Kalkfell, you confirm that you meet this age requirement.

If an account is found to be operated by a person under 18, Kalkfell reserves the right to immediately suspend or terminate that account.

2. Community Purpose

Kalkfell enables members to:

* showcase their artwork;

* share creative projects and ideas;

* participate in discussions and communities;

* create and participate in groups;

* offer artwork for sale;

* trade or swap artwork with other members; and

* discover and interact with other artists and creative professionals.

Members are expected to use the platform responsibly and in accordance with these Terms, applicable law, and the rights of other users.

3. Community Guidelines and Prohibited Content

Members may upload and share artwork, creative projects, comments, and other content provided that the content is lawful and respectful.

The following content is prohibited:

* violent, graphic, or excessively disturbing content;

* content promoting hatred, harassment, discrimination, or violence;

* bullying, threatening, or abusive content;

* content promoting or facilitating illegal activities;

* content that violates Dutch law or applicable European Union legislation;

* stolen, plagiarized, or copyright-infringing material;

* content that infringes trademarks, intellectual property rights, privacy rights, or other third-party rights;

* spam, scams, fraudulent content, or misleading offers;

* malicious links, harmful software, or other security threats; and

* any other content that Kalkfell reasonably considers harmful to the safety, integrity, or proper functioning of the community.

Kalkfell reserves the right to remove content that violates these Terms or applicable law, without prior notice where appropriate.

4. User Responsibility

You are solely responsible for the content you upload, publish, sell, trade, or otherwise share through Kalkfell.

By posting content, you confirm that:

* you own the content or have the necessary rights and permissions to use and share it;

* your content does not infringe the rights of another person or organization;

* your content complies with applicable laws and regulations;

* your content complies with these Terms; and

* any artwork offered for sale or trade is an original creation or is otherwise legally authorized for sale or trade.

Kalkfell does not transfer ownership of your artwork to itself.

5. Ownership, Intellectual Property and Watermark Protection

Artists retain 100% ownership and copyright of their original artworks uploaded to Kalkfell.

Nothing in these Terms transfers ownership or copyright of an artwork from the artist to Kalkfell.

Platform Display License

By uploading artwork to the platform, you grant Kalkfell a non-exclusive, worldwide, royalty-free license to host, display, reproduce in limited technical formats, crop where necessary for presentation, and feature the artwork solely for purposes connected with operating, promoting, and improving the Kalkfell platform.

This license may include:

* displaying artwork in search results;

* displaying artwork in community or social feeds;

* displaying artwork on member profiles;

* creating technical previews or thumbnails;

* presenting artwork in other areas of the platform necessary for its operation.

This license does not give Kalkfell ownership of the artwork.

Watermark and Online Artwork Protection

To help protect artists' work from unauthorized use, copying, downloading, and distribution online, all artwork images displayed on the Kalkfell platform will be processed through Kalkfell's watermarking software.

A visible Kalkfell watermark may be automatically applied to artwork images displayed on the website, including images shown in:

* member profiles;

* public galleries;

* search results;

* community feeds;

* group pages;

* marketplace listings; and

* other areas of the Kalkfell platform where artwork is displayed.

The watermark is intended as a protective and identification measure to help discourage unauthorized use of artwork online.

The application of a watermark does not affect the artist's ownership or copyright in the underlying artwork.

The watermark does not constitute a transfer of intellectual property rights to Kalkfell and does not grant other users permission to reproduce, commercially exploit, distribute, modify, or otherwise use the artwork.

Kalkfell may determine the size, position, appearance, and technical implementation of the watermark in order to provide effective online protection while maintaining a suitable viewing experience.

Artists acknowledge that watermarking and other technical protection measures cannot guarantee that artwork will never be copied, captured, or misused, particularly because content displayed online may potentially be reproduced through screenshots, photography, screen capture, or other technologies.

Kalkfell may implement additional technical measures in the future to help protect artwork from unauthorized downloading, scraping, copying, automated collection, or other forms of misuse.

Private and Restricted Content

The platform display license does not override the privacy or access restrictions applicable to artwork shared within private groups.

Kalkfell will take reasonable technical measures to ensure that artwork designated as private or restricted is displayed only to users authorized to access that content, subject to the operation of the platform and applicable law.

6. Copyright Infringement and Unauthorized Use

Users may not upload:

* plagiarized artwork;

* stolen artwork;

* artwork belonging to another artist without permission;

* copyrighted material without the necessary rights;

* fan art that infringes applicable copyright or trademark rights; or

* other content that violates third-party intellectual property rights.

Kalkfell may remove allegedly infringing content upon receiving a valid complaint or becoming aware of an apparent infringement.

Members may not download, screenshot, reproduce, distribute, modify, or commercially exploit another artist's artwork outside the platform without the artist's permission or the appropriate rights.

7. AI Scraping and Machine Learning

Third parties are strictly prohibited from scraping, systematically downloading, harvesting, or otherwise collecting artwork uploaded to Kalkfell for the purpose of training, developing, testing, or improving artificial intelligence or machine-learning models without the express permission of the relevant rights holder.

Nothing in these Terms transfers any intellectual property rights in artwork to third parties.

The use of automated systems, bots, crawlers, scrapers, or similar technologies to collect artwork or other protected content from Kalkfell without authorization is prohibited.

8. Public Sharing, Groups and Access Control

Members may choose to make their artwork available to the wider Kalkfell community.

Members may also create their own groups within the platform.

Group Creators

Group creators may:

* establish reasonable group rules;

* determine who may join their group;

* approve or reject membership requests; and

* moderate day-to-day discussions and content within their group.

No Group Entry Fees

Group creators may not charge an entry fee or require payment as a condition for joining or remaining in a group, unless Kalkfell expressly introduces and authorizes a paid group feature in the future.

Private Group Content

Artwork shared within a private group is intended to be accessible only to approved members of that group, subject to the technical operation of the platform and applicable law.

Members of a private group may not share, reproduce, sell, distribute, download, or otherwise exploit private group artwork outside that group without the permission of the relevant rights holder.

9. Group Governance and Platform Moderation

Group creators are responsible for the day-to-day moderation of their groups.

However, Kalkfell remains the ultimate administrator of the platform.

Kalkfell reserves the right to intervene in any group where necessary to:

* enforce these Terms;

* address safety concerns;

* address copyright or intellectual property issues;

* investigate suspected fraud or abuse;

* comply with legal obligations;

* protect users or the platform; or

* maintain the integrity and security of the community.

Kalkfell may remove content, suspend users, reverse moderation decisions, or take other appropriate measures where necessary.

10. Selling and Buying Artwork

Kalkfell may provide marketplace functionality enabling users to sell and purchase physical or digital artwork.

Sellers are responsible for ensuring that their listings are accurate and lawful.

Listings should accurately describe, where applicable:

* the title of the artwork;

* artist;

* medium;

* dimensions;

* condition;

* edition or originality;

* shipping information;

* digital file format;

* resolution; and

* any other material characteristics relevant to the transaction.

Sellers must not make misleading claims about their artwork.

Kalkfell shall not be a party to any sales transaction between members or between a member and a third party through the platform. Unless expressly agreed otherwise in writing, Kalkfell is not a party to any agreement for the sale of an artwork and does not act as agent or representative of any member. Each sale agreement is concluded directly between the relevant members and/or third parties.

11. Payments and Third-Party Payment Providers

Transactions may be processed through third-party payment providers.

Users who make or receive payments through these services are also subject to the relevant payment provider's terms, conditions, privacy policies, and fee structures.

Kalkfell does not control and takes no responsibility for the internal operation of third-party payment providers.

Payment disputes, chargebacks, refunds, and payment-processing issues may need to be addressed directly with the relevant payment provider, subject to applicable consumer and payment laws.

12. Artwork Authenticity

A seller must guarantee that artwork offered for sale or trade:

* is their original work; or

* is legally owned or controlled by them; or

* is otherwise accompanied by the necessary rights and permissions to sell or trade it.

Kalkfell may request additional information or remove a listing where the authenticity or legal ownership of an artwork is reasonably questioned.

13. Artwork Swaps and Trades

Art swaps are agreements between the participating users.

Each party is responsible for fulfilling the terms agreed with the other party.

For physical artwork, the parties are responsible for:

* securely packaging the artwork;

* shipping the agreed item;

* providing tracking information where appropriate; and

* complying with the agreed delivery timeframe.

For digital artwork, the relevant files must be delivered in the format and within the timeframe agreed between the parties.

Kalkfell provides the platform infrastructure but is not automatically a party to individual swap agreements.

14. Digital Artwork and Personal Use

Unless the artist expressly grants broader rights in writing, purchasing or receiving a digital artwork through a sale or swap grants the recipient a personal-use license.

This generally permits:

* personal viewing;

* private display; and

* personal, non-commercial use.

Unless expressly agreed otherwise, the purchaser does not acquire:

* commercial reproduction rights;

* commercial distribution rights;

* resale rights;

* rights to commercially modify the artwork; or

* the right to mint the artwork as an NFT.

Any broader commercial rights should be established through a separate written agreement with the rights holder.

15. Shipping

For physical artwork, sellers and swappers are responsible for appropriate packaging and shipping.

Kalkfell recommends that users use *tracked and, where appropriate, insured shipping.

Unless expressly agreed otherwise, Kalkfell is not responsible for loss or damage occurring during shipment between users.

16. Liability
Kalkfell cannot be held liable for any loss or damage a member or any third party may suffer as a result of using the platform. Amongst other things Kalkfell is not be liable for:

* the accuracy, completeness or lawfulness of any member content, including descriptions, images, attributions, provenance, condition, valuations and prices;
* the authenticity, title, quality, condition or fitness for purpose of any artwork;
* any infringement or alleged infringement of intellectual property rights arising from member content or an artwork;
* the acts or omissions of any member, including any failure to pay for, deliver or accept an artwork;
* the packing, insurance, shipping, storage, import or export (including customs, duties and taxes) of any artwork; or
* interruptions, delays, errors or unavailability of the platform or loss or corruption of data, except where caused by Kalkfell’s attributable failure to exercise reasonable care and skill.

Members shall indemnify and hold Kalkfell harmless against all third-party claims and related losses, costs and expenses (including reasonable legal fees), arising from the member’s content, artworks or breach of these Terms.

17. Disputes

Kalkfell encourages users to first attempt to resolve transaction or community disputes directly and informally.

Where appropriate, Kalkfell may assist with disputes involving the community or platform.

Kalkfell may suspend users where there are reasonable grounds to believe that a user has engaged in fraud, abuse, harassment, copyright infringement, or other serious violations of these Terms.

Financial disputes involving payment processing, including chargebacks and refunds, may need to be handled through the relevant payment provider and in accordance with applicable law.

18. Enforcement and Account Sanctions

Kalkfell may take appropriate action when these Terms are violated.

Possible actions include:

* removal of content;

* removal of listings;

* removal of comments;

* restriction of platform functionality;

* temporary suspension of an account;

* permanent termination of an account; and

* other measures necessary to protect the community or comply with legal obligations.

Serious or repeated violations, including fraud, copyright theft, scams, harassment, or abusive behavior, may result in permanent account termination.

Where legally permissible, Kalkfell may take action without prior warning where immediate action is necessary to protect users, the platform, or third parties.

PART II — PRIVACY POLICY

18. Privacy and Data Protection

Kalkfell respects your privacy and processes personal data in accordance with the General Data Protection Regulation (GDPR), applicable Dutch privacy legislation, and other applicable data-protection laws.

This Privacy Policy explains what personal information may be collected, why it is processed, and the rights available to users.

19. Information We May Collect

Depending on how you use Kalkfell, we may collect limited personal information, including:

* account and profile information you provide;

* contact information;

* information relating to transactions;

* messages sent through contact or support forms;

* information necessary to operate and secure your account;

* technical information relating to your device and browser;

* IP address and security-related information;

* information concerning your use of the website; and

* information required to comply with legal obligations.

We aim to collect only information that is reasonably necessary for the operation, security, and lawful administration of the platform.

20. How We Use Personal Data

Personal data may be processed for purposes including:

* creating and managing user accounts;

* providing website and community functionality;

* enabling marketplace transactions;

* communicating with users;

* providing customer and technical support;

* preventing fraud and abuse;

* maintaining website security;

* moderating content and enforcing these Terms;

* improving website performance and functionality;

* complying with legal and regulatory obligations; and

* protecting the rights and legitimate interests of Kalkfell and its users.

Kalkfell does not sell users' personal data to third parties.

21. Legal Basis for Processing

Where required under GDPR, Kalkfell processes personal data on an applicable legal basis, which may include:

* performance of a contract;

* compliance with a legal obligation;

* legitimate interests;

* consent; or

* another lawful basis recognized under applicable data-protection legislation.

Where processing is based on consent, you may withdraw that consent where legally applicable.

22. Data Security

Kalkfell takes reasonable technical and organizational measures to protect personal data against:

* unauthorized access;

* loss;

* misuse;

* alteration;

* disclosure; and

* destruction.

No internet-based service can guarantee absolute security. Users should therefore also take appropriate steps to protect their account credentials and personal information.

23. Sharing Personal Data

Kalkfell does not sell personal data.

Personal data may nevertheless be shared with carefully selected service providers where necessary to operate the platform, such as:

* hosting and technical service providers;

* payment providers;

* security and fraud-prevention services;

* analytics providers where legally permitted; and

* professional advisers or authorities where required by law.

Such processing will be subject to applicable data-protection requirements.

24. Your Privacy Rights

Subject to applicable law, you may have the right to:

* request access to your personal data;

* request correction of inaccurate or incomplete data;

* request deletion of your personal data;

* request restriction of processing;

* object to certain processing;

* request portability of your data where applicable;

* withdraw consent where processing is based on consent; and

* request removal or closure of your account.

Privacy requests can be submitted through the Kalkfell contact or support page.

You may also have the right to lodge a complaint with the relevant data-protection supervisory authority.

PART III — COOKIE POLICY

25. Cookies and Similar Technologies

Kalkfell uses cookies and similar technologies to operate, secure, and improve the website.

Cookies may be used for:

* keeping users logged in;

* remembering user preferences;

* website functionality;

* website performance;

* security and fraud prevention; and

* anonymous analytics and traffic statistics, where permitted.

Where required by law, Kalkfell will request your consent before placing non-essential cookies.

You can manage or disable cookies through your browser settings.

Please note that disabling certain cookies may affect the functionality of some parts of the website.

PART IV — GENERAL PROVISIONS

26. Changes to These Terms and Policies

Kalkfell may update these Terms of Use, Privacy Policy, or Cookie Policy from time to time.

Changes may be made to reflect:

* changes in the platform;

* changes in applicable legislation;

* changes in technology;

* changes in our services; or

* improvements to our policies.

Where appropriate, significant changes will be communicated through the website or other suitable means.

Your continued use of the website after an updated version becomes effective constitutes acceptance of the updated Terms to the extent permitted by law.

27. Applicable Law

These Terms and the use of the Kalkfell services are governed by Dutch law, unless mandatory provisions of another jurisdiction apply.

Nothing in these Terms is intended to restrict mandatory consumer or other legal rights that cannot lawfully be excluded.

28. Dispute Resolution and Jurisdiction

Kalkfell encourages users to contact us first so that disputes can be addressed informally.

Where a dispute cannot be resolved informally, the applicable Dutch courts where Kalkfell has its registered office will have jurisdiction, subject to:

* mandatory consumer protection rules;

* applicable European Union rules concerning jurisdiction; and

* any other mandatory provisions of applicable law.

29. Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision shall be interpreted or modified to the extent necessary to make it legally effective where possible.

The remaining provisions will continue to apply to the extent permitted by law.

30. Entire Agreement

These Terms of Use, together with the Privacy Policy and Cookie Policy contained in this document, constitute the principal terms governing your use of the Kalkfell platform and services.

If additional terms apply to specific services, purchases, memberships, or features, those terms may apply in addition to this document.

31. Contact

For questions concerning these Terms of Use, Privacy Policy, Cookie Policy, your account, or the Kalkfell platform, please contact us through the website's contact page or support email.

Kalkfell

Badhuisweg 82B

7314 JM Apeldoorn

The Netherlands

Website: www.kalkfell.com and community.kalkfell.com

Email: info@kalkfell.com