Terms & Conditions

1. Introduction

These Terms & Conditions (“Terms”) govern your use of the PassTheBrush website at https://passthebrush.com and your participation in the PassTheBrush collaborative artwork project (together, the “Service”). By creating an account or making a contribution, you agree to these Terms. If you do not agree, please do not use the Service.

2. Operator and PassTheBrush relationship

PassTheBrush is a collaborative artwork project operated by Nocap Consortium F.Z.E. (“we”, “us”, “our”). PassTheBrush is the name of the project and website; it is not a separate company. When you use the Service or make a payment, you are dealing with Nocap Consortium F.Z.E.. Our full legal details appear at the end of this page.

Payments are processed on our behalf by Stripe, our payment processor. Stripe is not the seller or operator of the Service.

3. Eligibility

You may use the Service only if you are legally able to enter into a binding contract under the laws that apply to you. If you use the Service on behalf of an organisation, you confirm that you are authorised to accept these Terms on its behalf.

4. Account registration

You need an account to reserve segments and make a contribution. You agree to provide a valid email address that you control and to keep your account information accurate. Each account is personal to you and must not be shared or transferred.

5. Email verification and account security

You must verify your email address before you can proceed to payment. You are responsible for keeping your password confidential and for activity carried out through your account. For your protection, we may temporarily lock an account after repeated unsuccessful sign-in attempts. If you believe your account has been accessed without your permission, contact us at support@passthebrush.com and reset your password.

6. The PassTheBrush collaborative artwork

PassTheBrush is a collaborative digital artwork made up of a fixed number of 500,000 individually selectable segments. Participants choose available segments and colours, and each successfully finalised contribution becomes a permanent part of the artwork.

7. Artwork segments

Each segment has a unique number and a fixed position in the artwork. A segment can be finalised for only one contribution. Segments that are already reserved by someone else or already finalised cannot be selected. The artwork’s capacity is limited to 500,000 segments and will not be increased.

8. Segment reservation

When you select segments, they are reserved for you for a short period (currently approximately 10 minutes) so that you can complete payment. While reserved, the segments cannot be taken by another participant. No payment is taken when a reservation is made.

If payment is not completed before the reservation ends, the reservation expires and the segments become available to others again. A reservation does not give you any right to the segments unless payment is successfully completed and finalised.

9. Colour selection

You choose one colour for each segment from the curated palette offered on the website. Colours outside the palette cannot be used. Colours shown on screen may vary slightly between devices and displays. Once a contribution is finalised, its colours cannot be changed.

10. Pricing and payment

The price per segment, the total amount and the currency are shown before you pay. The amount charged is determined by us at the time you proceed to payment, not by any figure entered or modified in your browser. Payment is taken through Stripe’s secure checkout; we do not receive or store your full card details.

Any taxes, including VAT where applicable, are handled in accordance with applicable law and the rules of the relevant customer’s jurisdiction.

11. Successful contributions

A contribution is successful only once we have independently confirmed with our payment processor that payment has been received. Returning to our website from the payment page does not, on its own, confirm payment. When you purchase several segments together, they are finalised together as a single contribution.

In rare cases, a payment may be confirmed after the reservation has ended and the segments have been allocated to someone else. If this happens, the contribution cannot be recorded for those segments; we will review the matter and contact you to resolve it.

12. Permanent recording

Once finalised, your segments and chosen colours are permanently recorded as part of the artwork and associated with your account. The artwork shows segment colours publicly; it does not publicly display your name or email address.

We may correct a contribution record only where this is necessary to address an error, fraud, a reversed payment or a legal requirement. Any such correction is recorded in our internal audit records.

13. Project completion and frozen state

When all 500,000 segments have been successfully finalised, the artwork is complete and enters a frozen state. No further segments can be reserved or purchased after that point. The completed artwork may subsequently be preserved, displayed, reproduced or otherwise used by us as part of the PassTheBrush project.

14. No investment or financial entitlement

A contribution is a payment to take part in a collaborative artwork. Taking part:

• is not an investment;
• does not give you any equity or ownership interest in Nocap Consortium F.Z.E.;
• does not give you shares or any other securities;
• does not give you any financial return;
• does not give you any share of revenue or profits;
• does not entitle you to any proceeds generated by the project; and
• does not create a partnership, joint venture or agency relationship between you and us.

15. Intellectual property

The PassTheBrush name, logos, website, artwork design and segment geometry are owned by or licensed to us. Making a contribution does not transfer to you any intellectual property rights in the artwork, the website or our brands.

You agree that your colour choices may be incorporated into the artwork and that the artwork, including your contribution, may be preserved, displayed, reproduced or otherwise used by us as part of the PassTheBrush project.

16. User conduct

You agree not to:

• interfere with, disrupt or attempt to gain unauthorised access to the Service, other accounts or our systems;
• use automated means to reserve segments, create accounts or access the Service in a way that is unfair to other participants;
• manipulate or attempt to manipulate prices, payments, reservations or contribution records;
• create accounts using false information or on behalf of others without authority; or
• use the Service for any unlawful purpose.

17. Account suspension and termination

We may suspend or close an account where we reasonably believe these Terms have been breached, where required by law, or to protect the Service or other participants. You may ask us to close your account at any time by contacting support@passthebrush.com. Because finalised contributions are a permanent part of the artwork, closing an account does not remove finalised segments or colours from the artwork.

18. Refunds, cancellations and payment disputes

Our approach to reservations, failed payments, finalised contributions and payment disputes is set out in our Refund & Cancellation Policy, which forms part of these Terms. Nothing in these Terms affects any mandatory consumer rights that apply to you.

19. Service availability and technical issues

We aim to keep the Service available and working correctly, but we cannot guarantee that it will be uninterrupted or error-free. We may suspend access temporarily for maintenance, security or reasons beyond our reasonable control. If a technical issue affects a reservation or payment, the records held by us and our payment processor determine whether a contribution was successfully finalised.

20. Changes to the project or the Service

We may update the Service, its features or these Terms from time to time. If we make material changes to these Terms, we will update this page and, where appropriate, notify you. Changes will not affect contributions that have already been finalised.

21. Limitation of liability

To the extent permitted by applicable law, we are not liable for any indirect or consequential loss, or for any loss that was not reasonably foreseeable, arising from your use of the Service. To the extent permitted by applicable law, our total liability to you in connection with a contribution is limited to the amount you paid for that contribution. Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law.

22. Governing law

These Terms are governed by the laws of the United Arab Emirates, without prejudice to any mandatory consumer protection laws of the country in which you live that apply to you.

23. Jurisdiction

Any dispute arising out of or in connection with these Terms is subject to the jurisdiction of the courts of the United Arab Emirates, without prejudice to any mandatory rights you may have to bring proceedings elsewhere.

24. Contact information

For questions about these Terms or the Service, contact us at support@passthebrush.com or see our Contact page.