These Terms of Sale govern the sales of digital works made via EXP0
between Artists and Buyers, as well as the conditions for applying EXP0 service fees.
EXP0 uses Stripe Connect to process payments and transfer amounts to Artists.
1. Purpose & Scope
These Terms of Sale (hereinafter the "ToS") govern the sales of digital works
(photos, videos, generative or programmable content, NFTs, etc.) made via the EXP0 Platform between
Artists and Buyers, as well as the service fees collected by EXP0.
They complement the Terms of Service to which they are inseparably linked.
In case of contradiction, the provisions of these Terms of Sale shall prevail for matters relating to transactions only.
2. Definitions
Terms defined in the Terms of Service retain the same meaning here. In addition:
- Work Price: amount freely set by the Artist as the basis for calculating the transaction.
- Price Paid by Buyer: total amount including taxes displayed on the Work page, including the Work Price
and EXP0 service fees.
- EXP0 Service Fees: commission collected by EXP0 for intermediation services (hosting,
connection, tools) corresponding to a percentage of the Price Paid by Buyer.
- Stripe Connect Account: payment account connected to EXP0, opened in the Artist's name with Stripe.
3. Role of Parties (Artist, Buyer, EXP0)
3.1. Artist — The Artist uploads their Works, sets the Work Price, and selects the applicable license.
They are solely responsible for the description, legal compliance, and quality of the Work.
3.2. Buyer — The Buyer selects a Work and its associated license, then proceeds with payment
of the Price Paid by Buyer. They agree to comply with the license chosen by the Artist.
3.3. EXP0 — EXP0 acts as a technical intermediary and, where applicable, as a collection agent
via Stripe Connect:
- providing the presentation and sales Platform;
- payment interface with Stripe;
- calculation and collection of EXP0 Service Fees;
- transfer to the Artist of their share.
Unless expressly stated otherwise, the sale of the Work is deemed to be concluded between the Artist (seller) and the Buyer,
with EXP0 not acting as the seller of the Work but as an intermediary.
4. Work Offers & Pre-contractual Information
Before placing any order, the Buyer is invited to review the following information on the Work page:
- description of the Work (content type, dimensions, format, etc.);
- Price Paid by Buyer (including taxes);
- applicable usage license and main usage restrictions;
- any specific characteristics (generative work, NFT, interactive content, etc.).
The Artist remains solely responsible for the content and accuracy of the information on the Work page.
EXP0 does not guarantee the completeness or absence of errors in this information.
5. Pricing, Service Fees & VAT
5.1. Work Price — The Artist freely sets the Work Price (internal calculation basis)
in the EXP0 interface. Based on this, EXP0 calculates the Price Paid by Buyer by adding its service fees.
5.2. EXP0 Service Fees — EXP0 applies service fees corresponding to
25% of the total amount paid by the Buyer, including all taxes (or any other rate specified
on the Platform at the time of sale). These service fees:
- compensate EXP0 for hosting, tools, intermediation, and transaction support;
- include, where applicable, French VAT applicable to EXP0's services.
Simplified example, provided for illustration: for a Price Paid by Buyer of €100 including taxes,
the EXP0 commission is €25 including taxes (service fees), and €75 is transferred to the Artist,
before any Stripe fees or tax withholdings specific to the Artist.
5.3. VAT & Taxation — Information regarding VAT, invoicing, and taxation
is provided for informational purposes only and does not constitute tax advice. Artists remain solely responsible
for their tax and social obligations (VAT, income or corporate tax, contributions, etc.).
They should consult their advisors (accountant, lawyer, etc.).
5.4. Rate Changes — EXP0 reserves the right to modify its service fees at any time.
The applicable Service Fees are those in effect at the time of the order, as displayed on the Platform.
6. Payment & Stripe Connect
Payments are made online by credit card or any other means offered via Stripe.
EXP0 uses Stripe Connect to:
- collect amounts paid by Buyers;
- deduct EXP0 Service Fees;
- transfer the balance to the Artist's Stripe Connect account.
The Buyer warrants that they have the necessary authorizations to use the chosen payment method
and that it provides access to sufficient funds to cover the order amount.
The Artist agrees to create and maintain a valid Stripe Connect account, to provide accurate information
(identity, bank details, tax status) and to comply with Stripe's terms and conditions.
Failing this, EXP0 may suspend payments and/or the ability to sell Works.
EXP0 does not store complete credit card data; this information is processed exclusively
by Stripe.
7. Delivery of Digital Works & NFTs
7.1. Digital Works (files) — Unless otherwise stated, delivery of the Work consists of
making digital files available (download, secure access, streaming, etc.) immediately after
payment confirmation.
The Buyer is invited to download and save the Work on their own media. EXP0 is not required to ensure
permanent and unlimited access to files (particularly in case of deletion by the Artist or account closure).
7.2. NFT & Web3 — If the Work is delivered in the form of an NFT (non-fungible token) or
blockchain inscription:
- the Buyer must provide a compatible wallet address and ensure its security;
- network fees ("gas fees") may be charged to the Buyer, according to the specified terms;
- EXP0 does not guarantee the continuous operation of the blockchain used or the permanence of the NFT's value.
8. Right of Withdrawal & Digital Content
In accordance with consumer law applicable in the European Union, the right of withdrawal does not apply
to digital content provided on an intangible medium when execution has begun
with the consumer's prior express consent and their express waiver of their right of withdrawal.
By validating an order for a digital Work or NFT on EXP0:
- the Buyer acknowledges that the Work will be delivered immediately (download, access, or mint);
- gives their express consent for immediate execution;
- and expressly waives their right of withdrawal.
Consequently, except in special cases provided by law, purchases of digital Works or NFTs on EXP0
are final and binding and cannot give rise to a refund.
9. Licenses and Usage Rights for the Buyer
In exchange for payment of the Price Paid by Buyer, the Buyer obtains a right to use the Work
as defined by the license selected by the Artist from the EXP0 Licenses.
Unless expressly stated otherwise in the license:
- the Buyer does not acquire intellectual property ownership of the Work;
- the Buyer may not resell the Work as a source file or use it in ways not covered
by the license (e.g., advertising use if only the "personal use" license was acquired);
- resale of NFTs associated with the Work does not necessarily extend usage rights beyond
what the original license provides.
The Buyer is invited to carefully read the license description before any order. In case of doubt,
they should contact the Artist or EXP0 before using the Work for sensitive purposes (advertising campaign,
large-scale distribution, etc.).
10. Artist Obligations (including tax obligations)
The Artist agrees to:
- only offer for sale Works for which they hold the necessary rights (copyright, image rights, etc.);
- provide a fair and non-misleading description of the Works;
- comply with EXP0 Licenses and not sell, via EXP0, rights exceeding those they actually hold;
- comply with their tax and social obligations in their country of residence (income declaration, VAT, etc.);
- comply with Stripe's conditions and maintain a valid Stripe Connect account when necessary.
EXP0 does not provide tax or social advice to the Artist. They should consult
a qualified professional.
11. Buyer Obligations
The Buyer agrees to:
- use the Work in strict compliance with the associated license;
- not attempt to circumvent technical or contractual usage limitations;
- respect the Artist's rights and not usurp their authorship;
- not use the Work in an illegal or immoral context.
12. EXP0 Liability
EXP0 is not a party to sales contracts concluded between Artists and Buyers, except where expressly provided
by law or contract. As such, EXP0 cannot be held liable for:
- the conformity of Works with descriptions provided by Artists;
- the artistic or technical quality of Works;
- the suitability of the Work for a particular use sought by the Buyer;
- damages resulting from use of the Work not in accordance with the license.
EXP0 is only liable, within the limits provided by law, for failures directly attributable to it
in its role as intermediary (e.g., major defect in the payment system due to its fault).
13. Claims & Support
In case of difficulty with an order (download problem, obvious inconsistency, etc.), the Buyer
is invited to contact EXP0 at service@exp0.xyz mentioning
the transaction reference.
EXP0 may, at its sole discretion and without obligation, intervene with the Artist to attempt to resolve
the dispute amicably. This informal mediation does not deprive the parties of their legal rights and remedies.
14. Modifications to Terms of Sale
EXP0 may modify these Terms of Sale at any time. The version applicable to an order is that in effect
on the day of the order as accepted by the Buyer at the time of payment.
Subsequent modifications will not apply retroactively to transactions already concluded, except
where required by mandatory legal provisions.
15. Applicable Law & Disputes
These Terms of Sale are governed by French law. In case of dispute regarding their interpretation or execution,
the parties will seek an amicable solution. Failing this, the competent French courts shall have sole jurisdiction,
subject to any protective rules applicable to consumers.