General Terms and Conditions (AGB)

Munchies Art Club
Last Updated: 17.08.2025

1. Scope of Application

1.1. These General Terms and Conditions (hereinafter referred to as "AGB") govern the business relationship between Munchies Art Club (hereinafter referred to as "we," "us," or "the Company") and users of our services (hereinafter referred to as "you" or "the Client").
1.2. By using our services, you agree to these terms and conditions in full. Deviating agreements must be explicitly confirmed in writing.

2. Services Provided

We offer the following services:
2.1. Editorial Articles and Features: Creation and publication of articles about selected artists and galleries on our platforms.
2.2. Social Media Promotion: Posts, reels, and story campaigns on Instagram, including optional targeted ads.
2.3. Ask Kurt Submissions: Artists may submit their work for free. Submissions are reviewed by our curators; only selected artists will be featured. Paid features are optional and curated.
2.4. Curated Promotion Packages: Visibility packages (Spotlight, Drop, or Circle) including editorial placement, social media promotion, and integration across our ecosystem.
2.5. Membership and Subscription Options: Access to exclusive campaigns, features, and content for subscribers.
2.6. Publishing Across Multiple Channels: Integration of content on our website, Substack, Instagram, YouTube, and TikTok.
2.7. Campaign Consulting: Personalized advice on social media strategies and content marketing for artists and galleries.

3. Terms of Use

3.1. All services are available as outlined in our current service descriptions.
3.2. Submissions do not guarantee selection. Selection is curatorial and fully at our discretion.
3.3. Clients must provide accurate information and materials for the successful execution of services (e.g., artwork images, descriptions, social media links).
3.4. We reserve the right to decline or remove content at any time, without stating reasons, if it does not fit our curatorial vision.

4. Pricing and Payment Terms

4.1. Prices for services are listed on our website or communicated directly. All prices include applicable taxes.
4.2. Payment must be made in advance unless otherwise agreed. Payment methods include Stripe, bank transfer, or other specified options.
4.3. In the event of non-payment, we reserve the right to suspend or cancel services.

5. Cancellation and Refund Policy

5.1. Cancellations must be communicated in writing (email) at least 7 days before the scheduled start of the service.
5.2. If a project has not yet started, we may issue a refund at our sole discretion (minus any payment processing fees).
5.3. Once a project has started, no refunds are guaranteed. However, we may offer partial goodwill refunds at our own discretion.
5.4. If a client requests removal of their content after publication, all associated content across our ecosystem (website, Substack, social media) will be removed within 7 business days. Removal requests must be sent via email to hello@munchiesart.club.

6. Liability

6.1. We are not liable for errors, delays, or interruptions caused by third-party platforms (e.g., Instagram, Substack).
6.2. Our liability is limited to the amount paid for the service in question.
6.3. We are not responsible for the content, accuracy, or legality of materials provided by the Client.

7. Intellectual Property

7.1. All content created by us (articles, campaigns, posts) remains our intellectual property unless explicitly transferred.
7.2. The Client grants us the right to use provided materials (images, text, links) for the purpose of fulfilling the agreed service.
7.3. We may also use publicly available content from the Client’s Instagram, website, or portfolio for publication if part of a paid or invited project.

8. Data Protection

8.1. We collect, process, and store personal data in compliance with GDPR.
8.2. For Ask Kurt submissions, the following data may be stored for up to 12 months:

• Email address
• Instagram handle
• Optional website or portfolio links
• Submitted artwork files or text
  8.3. Project-related data will be deleted automatically after project completion.
  8.4. Clients can request data deletion anytime via hello@munchiesart.club.
  8.5. We do not sell data. Data is securely stored in a two-factor protected Airtable system.

9. Governing Law and Jurisdiction

9.1. These AGB are governed by the laws of Austria.
9.2. Any disputes arising will be subject to the exclusive jurisdiction of the courts in Vienna.

10. Final Provisions

10.1. Should any provision be or become invalid, the remaining provisions will remain in force.
10.2. We reserve the right to amend these terms and conditions at any time. Changes will be communicated in advance.

Special Section: Ask Kurt

1. Submissions are free of charge, but no feature is guaranteed.
2. Selection is curatorial and entirely at our discretion.
3. Paid feature packages (Spotlight, Drop, Circle) are only available to artists selected through Ask Kurt.
4. Submission does not establish a contractual right to visibility; only confirmed and curated projects will be executed.
5. If selected, artists grant us the right to use submitted materials and/or content from their Instagram/website for publication and promotion.
6. We reserve the right to remove or archive features at any time, without obligation to provide reasons.
7. Removal requests from artists must be sent in writing via email; project-related data will be deleted after completion.