Terms of Service

These Terms of Service govern your access to and use of the website at www.afeaki.mom, together with the gallery systems design, collection platform integration, custom catalogue development, digital pipeline, and related professional and technical services offered by Art They Feared LLC. The website and the described services are developed and operated by the developer Afeaki. Art They Feared LLC is a company located at 261 Wallace Way, Tooele - 84074-1321, United States (US). By accessing this website, submitting an enquiry, or engaging our services, you agree to be bound by these terms. If you do not agree with any part of these terms, you should not use the website or initiate services with us.

The developer and the company last updated and published these Terms of Service on January 1, 2026.

1. Acceptance of These Terms

These Terms of Service form a binding agreement between you and Art They Feared LLC regarding this website and related professional services. When you browse the site, you accept these terms for that browsing session. When you contact us or enter a separate written agreement for a project, the specific scope in that separate agreement governs the project, while these general terms remain in force to the extent they are not superseded. If any provision of these terms is held to be invalid or unenforceable, the remaining provisions continue in full effect to the extent permitted by law.

2. The Services We Provide

Art They Feared LLC provides services in computer systems design and related professional, scientific, and technical services, with a focus on computer integrated systems design for galleries, museums, archives, and private collections. Our services include gallery systems architecture, collection platform integration, custom catalogue development, archive and digital pipelines, security and conservation compliance, and managed operations and support. These services are provided by the developer Afeaki and by the staff and collaborators who work with Art They Feared LLC to deliver each engagement.

3. The Nature of This Website

The content on this website is provided for general information and for the promotion of the services described here. It is offered on an as available and as is basis. While we make every effort to keep the material accurate and current, the website does not constitute a formal quotation, a binding proposal, or professional advice of a kind that would replace a written engagement. Before any work begins, project scope, deliverables, timelines, fees, and responsibilities are recorded in a separate written agreement that both parties sign.

You should treat the descriptions on this site as an introduction to the manner and spirit of our work rather than as a fixed menu of guarantees. Gallery projects are as varied as the artworks they protect, which is why each one deserves its own conversation. If the language on this page suggests a capability that does not match your particular building or collection, please let us know during the consultation so that we can give you honest guidance about what is achievable in your setting.

4. Eligibility and Your Responsibilities

By using this website, you confirm that you are at least eighteen years of age or are acting with the authority of an organisation that is eligible to engage our services. You agree to provide truthful and current information when you contact us. You are responsible for maintaining the confidentiality of any account or correspondence you use to communicate with us and for any activity carried out under your identity. You accept that an organisation acting on behalf of an institution warrant it has the authority to enter discussions and, where applicable, binding agreements for that institution.

5. Acceptable Use of the Website

You agree to use this website only for lawful purposes. You must not attempt to gain unauthorised access to any part of the site, its servers, or its connected systems. You must not transmit viruses, malicious code, spam, or any material that could disable, overload, or impair the website. You must not scrape, harvest, or automate the collection of content in a manner that is excessive or that burdens the site. You must not use the site to send deceptive or harmful communications. We reserve the right to restrict access where we reasonably believe these rules have been violated.

6. Intellectual Property

All content on this website, including text, layout, graphics, visual identity, structure, and any original code or design, is protected by copyright and related intellectual property rights. The rights belong to Art They Feared LLC and, where relevant, to the developer Afeaki or to the legitimate licensors who have permitted its use. You may view and print content for personal, non-commercial reference in connection with an enquiry. You may not reproduce, distribute, modify, translate, or commercially exploit the content without our prior written permission.

7. Client Materials and Project Deliverables

In the course of a project, you may provide materials such as collection data, images, floor plans, and documentation, and we may produce deliverables such as drawings, platform configurations, catalogues, and reports. Rights to the materials you provide remain with you, and to the extent needed, you grant us a limited licence to use them solely to complete the work for which they were provided. Deliverables we create are owned by us or licensed to you according to the specific engagement agreement, which will define how each deliverable may be used and updated.

We encourage you to share materials in an organised way so that the work proceeds smoothly. When you deliver collection data, please confirm that you are authorised to share it and that any third-party rights in the material have been resolved. Likewise, when we hand over a completed catalogue or an engineered drawing, it is expected to be used for the purpose agreed at the start of the engagement. We are always glad to discuss additional uses or republications before they occur so that both parties are clear about how a deliverable may be enjoyed over time.

8. Confidentiality

We treat the information you share with us about your collection, your space, and your operations as confidential. Except where disclosure is required by law, by a court order, or by a public authority, we will not reveal confidential project information to third parties. Confidentiality obligations will be set out in more detail in a separate agreement for sensitive projects, and those obligations will survive the end of the engagement. You agree to keep any confidential information we share with you, such as pricing structures or technical proposals, in confidence as well.

9. Fees, Payment, and Billing

Fees for our services are described in the written agreement or written quotation that applies to a particular engagement. Payment terms, deposits, milestone payments, and currency are stated in that agreement. Project inactivity, additional scope, travel, and materials may attract reasonable additional charges, which we will communicate before they are incurred. Our professional and technical service engagements are invoiced according to the schedule agreed with you. Unless a different arrangement is agreed, invoices are due on the dates set out in the relevant agreement or order form.

We aim to make the meaning of every line on an invoice easy to follow, so that you always understand what you are paying for and why. If a charge is unclear or a timeline shifts for reasons on our side, we will explain it plainly and work with you on a fair resolution. This openness matters to us because a good working relationship is built on honesty about money from the very first estimate to the final settlement of a project.

10. Warranties and Accuracy of Work

We commit to providing services with reasonable skill and care and to delivering work that meets the scope agreed in writing. We cannot and do not warrant that the website or any digital platform will be error free or uninterrupted, or that every outcome will be free of defects. Our work is performed against the information you provide; we are not responsible for inaccuracies that arise from incomplete or incorrect information supplied to us. Any warranty offered in relation to a specific deliverable is stated in the engagement agreement and is limited to the terms of that agreement.

11. Limitation of Liability

To the fullest extent permitted by applicable law, Art They Feared LLC and the developer Afeaki will not be liable to you for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of this website or to our services. These include loss of profits, loss of data, business interruption, or reputational harm, even if we were advised of the possibility of such damages. Our total aggregate liability arising out of or relating to any engagement is limited to the total fees actually paid by you for the specific service giving rise to the claim, to the extent permitted by law. Some jurisdictions do not allow the exclusion or limitation of certain liabilities, and in those jurisdictions our liability is limited to the maximum extent permitted.

12. Indemnification

Where permitted by law, you agree to indemnify and hold harmless Art They Feared LLC and the developer Afeaki from and against any claims, losses, damages, liabilities, and expenses, including reasonable legal fees, that arise out of your use of the website, your breach of these terms, or your violation of any rights of a third party. This obligation does not apply to claims caused by our own negligence or intentional misconduct. An indemnification duty of this kind is standard for websites that receive enquiries and engage external work, and it is intended to fairly balance responsibility between the parties.

13. Third-Party Links and Resources

This website may occasionally point to third-party resources for the convenience of visitors. We do not control those external resources and accept no responsibility for their content, availability, accuracy, or practices. A link does not imply an endorsement. When you follow an external link, you leave the scope of these terms and you should review the terms and privacy practices of the third party you visit. We welcome you to let us know if an external resource linked from our pages is not reliable or has changed.

14. Data Protection and Privacy

Our handling of personal information is described in our separate Privacy Policy, which is available on this website and is incorporated into these terms by reference. By using this website, you acknowledge that we process your information as set out in that Privacy Policy. Where the Privacy Policy and these Terms of Service address the same matter, the Privacy Policy governs questions of data handling, while these terms govern the general relationship between us as a provider and a visitor or client.

15. Communications and Electronic Notice

We may communicate with you by email, telephone, or through the website in connection with your enquiries, projects, and administrative updates. You consent to receive such communications. Where we are required to provide notice to you, we may do so through the email address you have provided or by posting a notice on this website. Such communication is deemed to take effect when it is sent or published. If you prefer not to receive marketing-style notices, you may tell us at any time, though transactional messages about an ongoing project will still be sent when necessary.

16. Changes to These Terms

We may revise these Terms of Service from time to time to reflect changes in our practice, in the law, or in the detail of our services. When we make a material update, we will change the effective date shown at the top of this page and make the updated terms available here. Your continued use of the website or continued engagement with our services after the updated terms are published indicates that you accept the revisions. We encourage you to review these terms periodically so that you are aware of the obligations that apply to you.

17. Suspension and Termination

We may suspend or restrict access to parts of this website where we reasonably believe that your use threatens security or violates applicable law or these terms. Either party may end a services engagement in accordance with the termination provisions of the relevant written agreement. Upon termination, you remain responsible for any fees earned for work performed prior to the effective date of termination, and any clauses of these terms that by their nature should survive termination, such as confidentiality, liability limitation, and indemnification, shall continue to apply.

18. Export and Legal Compliance

You agree to use this website and our services only in ways that comply with all applicable laws and regulations, including those of the United States and of your own location. We may decline to begin or to continue an engagement where we judge, in our reasonable discretion, that doing so would conflict with law, with export restrictions, or with professional responsibility. Nothing in these terms is intended to require either party to take any action that would be unlawful in the jurisdiction where that action would occur.

19. Governing Law and Jurisdiction

Except as otherwise required by mandatory law in a particular jurisdiction, these Terms of Service and any dispute arising from them or from your use of the website are governed by the laws of the State of Utah and the federal laws of the United States, without regard to conflict of law rules. Any legal action relating to these terms will be brought in the state or federal courts located in Utah, and you consent to the exclusive jurisdiction of those courts, subject always to any mandatory protections granted to a consumer by the law of their own place of residence. We encourage the friendly resolution of any disagreement before court proceedings are begun.

20. Entire Agreement and Severability

These Terms of Service, together with the Privacy Policy and any specific written engagement agreement, constitute the entire agreement between you and Art They Feared LLC regarding the matters described here and supersede any prior discussions or understandings. If any provision is found to be unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining terms will stay in force. No failure by either party to exercise a right is a waiver of that right, and no single waiver is a waiver of any later or different right.

21. Contact for Questions About These Terms

If you have any question about these Terms of Service or about how to begin a responsible engagement with the developer Afeaki and with Art They Feared LLC, please contact us using the information below. We are glad to clarify any part of these terms before you rely on them.