ConditionLens
Terms and Conditions
End-User Licence Agreement and Terms of Service for the ConditionLens iOS application (iPad, iPhone and Apple Watch) and its web-link counterparty portals.
Art-Movement Condition-Evidence, Chain-of-Custody and Damage-Defence Operating Layer for iPad, iPhone and Apple Watch.
Freeze the truth. Move the work. Defend the masterpiece.
DOCUMENT
ConditionLens — Terms and Conditions
STRUCTURE
Master Terms (Part I) + Schedule A · App-Specific Terms (Part II)
VERSION
1.0
EFFECTIVE
2026-08-01
OPERATOR
ML Consulting MB · Legal entity code 306991112
JURISDICTION
Republic of Lithuania
DISTRIBUTION
Apple App Store · iOS, iPadOS, watchOS + web-link counterparty portals
SUBSCRIBER PROFILE
Business User (B2B) — galleries, private collections, museums, art logistics firms (Crozier / ARTA / IFAC / Momart-tier), auction house operators (Christie's / Sotheby's / Phillips / Bonhams-tier), art fair operators (Art Basel / Frieze / TEFAF and equivalents), and contracted counterparties (fine art insurance underwriters, lender institutions, auction house specialists, private collector and family-office art advisors, art fair operators, conservation studios / custodial auditors)
BILLING CHANNEL
Direct Channel (Order Form / Stripe) for all paid tiers — App Store Reader Rule pattern
WEBSITE
Preliminary Notice
Please read before you tap I Agree, before you sign an Order Form and before you authorise any registrar, art handler, installer, courier, conservator, App Clip user or counterparty to use the App.
These Terms and Conditions are a legally binding agreement between ML Consulting MB, a private limited liability company organised under the laws of the Republic of Lithuania, legal entity code 306991112 (ML Consulting, we, us, our) and you, the natural or legal person who installs, accesses or uses the ConditionLens iOS application or any counterparty portal made available in connection with it (you, your, Subscribing Customer or, where the context requires, User).
They incorporate the Apple Standard End User Licence Agreement to the extent required by Apple, applicable consumer-protection legislation of the European Union and of the Republic of Lithuania, the General Data Protection Regulation 2016/679 (GDPR), Regulation (EU) 910/2014 (eIDAS), and — where applicable to a Subscribing Customer operating in jurisdictions with cultural-property, customs, anti-money-laundering, sanctions, restitution or museum-ethics frameworks — the UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property 1970, the UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects 1995, Regulation (EU) 2019/880 on the introduction and the import of cultural goods, Regulation (EC) 116/2009 on the export of cultural goods, the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), the Washington Conference Principles on Nazi-Confiscated Art 1998, the Terezín Declaration 2009, Directive (EU) 2018/843 (5AMLD) and Directive (EU) 2018/1673 (6AMLD) extending anti-money-laundering obligations to art-market participants, the U.S. Bank Secrecy Act anti-money-laundering provisions extended to art dealers, the French Code du patrimoine, the Italian Codice dei beni culturali e del paesaggio, ICOM Code of Ethics for Museums, AAM standards, the AAMD report on the acquisition of archaeological materials and ancient art, and equivalent local frameworks identified on the Order Form.
ConditionLens is a Business-to-Business (B2B) operational tool. It is not designed for personal, household or recreational use. It is designed to be deployed by the Subscribing Customer for the benefit of the Subscribing Customer's own registrars, art handlers, installers, couriers, collection assistants, conservators, operations administrators, App Clip users (borrowing-institution couriers, visiting conservators, auction house specialists at handover) and contracted counterparties (fine art insurance underwriters, lender institutions, auction house specialists, private collector and family-office art advisors, art fair operators, conservation studios / custodial auditors).
HOW TO READ THIS DOCUMENT
PART I — Master Terms and Conditions applies to every ML Consulting application. PART II — Schedule A is specific to ConditionLens and prevails over the Master Terms wherever they conflict. Capitalised terms have the meanings given in clause 4 (Master Terms) and clause A1 (Schedule A). The Order Form signed between ML Consulting and the Subscribing Customer prevails over both where it contains express commercial terms.
CONDITION EVIDENCE, PROVENANCE, TITLE AND CONSERVATION DISCLAIMER
ConditionLens is an iPad / iPhone / Apple Watch operating layer for art-movement condition-evidence capture, chain-of-custody assembly, in-transit climate logging, damage-defence evidence and counterparty audit packs. It is not a provenance research service, not a title clearance, not a fair market or insurance valuation, not a conservation treatment plan, not a conservation studio, not a customs clearance or cultural-goods export licence, not a CITES permit, not a UNESCO 1970 / UNIDROIT 1995 / Regulation (EU) 2019/880 import clearance, not a Holocaust-era restitution determination, not a Washington Principles / Terezín Declaration finding, not an Art Loss Register / Interpol Stolen Works of Art search, not a regulatory submission to any cultural ministry, customs authority, anti-money-laundering authority, sanctions authority or insurance authority, not a museum acquisition or de-accession decision, and not legal, fiscal, customs, insurance, valuation, attribution, authentication, conservation, restitution or anti-money-laundering advice. The Subscribing Customer remains the gallery, the collection, the museum, the art logistics operator, the auction house, the art fair operator, the legal employer of registrars and handlers, the controller of artwork records and the contracting party with the lender, the borrower, the consignor, the buyer, the insurer, the carrier, the courier, the conservator, the customs broker and any cultural authority at all times, and remains solely responsible for all provenance, title, attribution, authentication, condition, conservation, customs, restitution, anti-money-laundering, sanctions, insurance and contractual decisions.
ANTI-MONEY-LAUNDERING, SANCTIONS AND RESTITUTION DISCLAIMER
ConditionLens does not screen any person, work, transaction, beneficial owner, lender, borrower, consignor, buyer, advisor, intermediary, family office or counterparty against any anti-money-laundering, counter-terrorist-financing, sanctions, politically-exposed-person, ultimate-beneficial-ownership, Art Loss Register, Interpol Stolen Works of Art, Holocaust-era looted-art, FBI National Stolen Art File, US OFAC, EU Consolidated, UK OFSI, UN Security Council or equivalent list. The Subscribing Customer remains the regulated person (where applicable) under Directive (EU) 2018/843 (5AMLD) as extended to art-market participants, Directive (EU) 2018/1673 (6AMLD), the U.S. Bank Secrecy Act anti-money-laundering provisions extended to art dealers, the UK Money Laundering Regulations 2017 as amended, the French Code monétaire et financier, the Italian Decreto Legislativo 231/2007 and equivalent local provisions, and is solely responsible for performing all required customer due diligence, source-of-funds enquiries, source-of-wealth enquiries, suspicious-activity reporting, sanctions screening, ultimate-beneficial-ownership identification, restitution-claim diligence and record-keeping independently of the App.
Contents
What is in this document.
PART I — MASTER TERMS AND CONDITIONS
1. Agreement and Parties
2. Apps Covered and Per-App Schedules
3. Eligibility and Intended Users
4. Definitions
5. Licence to Use the App
6. What the App Does, and What It Does Not Do
7. Accounts, Credentials and Device Security
8. Subscriber Data and Permitted Use by Us
9. Privacy and Data Protection
10. Subscriptions, Billing and App Store Rules
11. Direct Billing for the App
12. Acceptable Use
13. AI / ML Features and Probabilistic Outputs
14. Intellectual Property
15. Updates, Availability and Support
16. Suspension and Termination
17. Consumer Rights
18. Disclaimers
19. Limitation of Liability
20. Indemnity for Business Users
21. Force Majeure
22. Governing Law and Disputes
23. Changes to this Agreement
24. General
25. Apple-Required Terms
26. Precedence — Schedules and Order Forms
PART II — SCHEDULE A · CONDITIONLENS
A1. App-Specific Definitions
A2. Description of ConditionLens and Surfaces
A3. Subscribing Customer Responsibilities (Gallery / Museum / Logistics / Auction / Fair Operator)
A4. Registrars, Handlers, Couriers, App Clip Users and Counterparty Portals
A5. PencilKit Condition Maps, Face ID Handoffs and Apple Watch Evidence-Lock — Not eIDAS, Not Provenance / Title / Valuation
A6. Apple Watch, Live Activities and Notifications — Not a Safety, Climate-Authority or Conservation-Authority System
A7. Audit Log, Evidence-Lock Pack and Counterparty Packs
A8. AI-Assisted Features and On-Device ML — No Authentication, No Attribution
A9. Provenance, Title, Customs, Restitution and Anti-Money-Laundering Obligations
A10. Cultural Property, CITES, Export Licences and Lender Conditions
A11. Personal Data of Registrars, Handlers, Couriers and Counterparty Representatives
A12. Specific Prohibited Uses
A13. Plans, Billing and Liability
A14. Operational Contact Points
PART I
Master Terms and Conditions
Applicable to every iOS application published by ML Consulting MB on the Apple App Store, including ConditionLens.
1
AGREEMENT AND PARTIES
Who is contracting, how acceptance happens, and how authority to bind works.
1.1. These Master Terms together with the applicable Schedule (Schedule A for the App), any Data Processing Addendum and any Order Form mutually signed between ML Consulting and the Subscribing Customer (together, the Agreement) form the entire legal agreement between ML Consulting and you regarding your installation, access and use of the App and any counterparty portal.
1.2. By tapping I Agree at first launch, by creating an account, by signing an Order Form, by accessing a Counterparty Portal via signed URL, by launching an App Clip session or by otherwise using the App, you confirm that you have read, understood and agreed to be bound by the Agreement.
1.3. If you act on behalf of an organisation, you warrant that you have the legal authority to bind that organisation, and the Subscribing Customer is that organisation. Where you access the App as an employee, contractor, freelance registrar, art handler, installer, courier, conservator, App Clip user or counterparty representative, you do so under the authority of the Subscribing Customer who deployed the App for the relevant Move.
1.4. No oral statement, marketing material, demonstration, design-partner conversation or pre-contract communication forms part of the Agreement unless it is expressly incorporated by reference in a signed Order Form.
2
APPS COVERED AND PER-APP SCHEDULES
How Master Terms compose with Schedule A and the Order Form.
2.1. These Master Terms apply to every ML Consulting iOS application. Each application is governed by its own Schedule, which describes the application, its intended scope and any app-specific terms.
2.2. For ConditionLens, the applicable Schedule is Schedule A in Part II of this document.
2.3. In the event of conflict between a Master Term and a Schedule provision, the Schedule prevails for that application. In the event of conflict between a Schedule provision and an executed Order Form, the Order Form prevails to the extent of the conflict. In the event of conflict between the Order Form and any purchase order, vendor questionnaire, master services agreement, RFP response or other procurement document issued by the Subscribing Customer, the Order Form prevails unless expressly amended by mutually signed addendum.
3
ELIGIBILITY AND INTENDED USERS
Who may use the App, in what capacity, and what consumer-rights pathway applies.
3.1. The App is intended for business use by Subscribing Customers operating galleries, private collections, museums, art logistics firms, auction houses, art fair operators, fine art insurance underwriter risk desks, lender institutions, private collector and family-office art advisors and conservation studios / custodial auditors, and for the registrars, art handlers, installers, couriers, collection assistants, conservators, operations administrators, App Clip users (borrowing-institution couriers, visiting conservators, auction house specialists at handover) and counterparty representatives they authorise.
3.2. You must be at least 18 years old and legally able to enter into a binding contract to use the App.
3.3. The App is not directed at consumers within the meaning of Directive 2011/83/EU. Where the App is nevertheless made available to a natural person acting outside their trade, business, craft or profession (typically a private collector accessing a counterparty seat), clause 17 (Consumer Rights) applies.
4
DEFINITIONS
How key terms are used throughout the Agreement.
In the Agreement, the following terms have the meanings set out below. Additional terms are defined in clause A1 (Schedule A).
App — the ConditionLens iOS application published by ML Consulting on the Apple App Store, including its iPad, iPhone, Apple Watch, App Clip and offline-capable variants and any updates, together with associated server-side services and counterparty web-link portals.
Order Form — a written ordering document (electronic or paper) signed by an authorised representative of the Subscribing Customer and by ML Consulting, identifying the Plan, Subscription Fees, term, seat counts, counterparty seat counts, any Pre-Move Stand-by Service terms and any commercial variations.
Plan — a published or quoted commercial plan for the App, as described in clause A13.
Subscribing Customer — the legal entity that signs the Order Form and pays the Subscription Fees — typically a gallery, a private collection, a museum or other lender institution, an art logistics firm (Crozier / ARTA / IFAC / Momart-tier), an auction house operator, an art fair operator, a fine art insurance underwriter, a private collector or family-office art advisor or a conservation studio / custodial auditor.
User — any natural person who accesses the App or a Counterparty Portal under credentials issued by, or under the authority of, the Subscribing Customer — including registrars, art handlers, installers, couriers, collection assistants, conservators, operations administrators, App Clip users and counterparty representatives.
Counterparty Portal — a read-only, scope-correct web-link portal made available to a contracted counterparty (fine art insurance underwriter risk desk, lender institution registrar, auction house specialist, private collector / family-office art advisor, art fair operator or conservation studio / custodial auditor) via signed URL.
Pack — a versioned, structured export bundle generated by the App — including, without limitation, the Movement Defence Pack PDF, the Evidence-Lock Pack, the Condition-Map Pack, the Chain-of-Custody Pack, the In-Transit Climate Pack, the Insurance Underwriter Pack, the Lender Institution Pack, the Auction House Specialist Pack, the Private Collector / Family-Office Pack and the Conservation Studio Pack.
Subscription Fees — all fees payable by the Subscribing Customer in respect of the App, including recurring Plan fees, per-Move fees, additional seat / counterparty fees, professional-services fees and any Pre-Move Stand-by Service retainer and incident fees.
Subscriber Data — all data, content, photographs, LiDAR depth scans, voice memos, signatures, PencilKit condition-map annotations, CoreNFC scan records, BLE climate-logger records, CoreLocation geofence records, Evidence-Lock acknowledgements and personal data of Users, lenders, borrowers, consignors, buyers, collectors, advisors, conservators, customs brokers and counterparties submitted to or generated through the App by, or on behalf of, the Subscribing Customer.
Move — a single discrete art-movement engagement, including its condition-baseline capture, packing, transport, in-transit window, dock-receipt, install, exhibition, de-install, return and post-move debrief, as configured in the App by the Subscribing Customer.
Apple — Apple Inc. and its affiliates that distribute the App through the App Store.
5
LICENCE TO USE THE APP
Scope of the licence and limits on permitted uses.
5.1. Subject to your compliance with the Agreement and timely payment of any Subscription Fees, ML Consulting grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to install and use the App on Apple-branded devices that you own or control, solely for the internal business purposes of the Subscribing Customer in connection with one or more Moves.
5.2. You may not (and you must not permit any third party to): copy the App except as expressly permitted by the licence; modify, translate, adapt or create derivative works of the App; reverse-engineer, decompile, disassemble or attempt to derive source code from the App, except to the extent that applicable law expressly permits such acts notwithstanding this restriction; rent, lease, lend, sell, sublicense, assign, distribute, publish or transfer the App or any part of it; remove, alter or obscure any proprietary notices on the App; use the App to develop, train, fine-tune, evaluate or benchmark any competing product or any machine-learning model intended to imitate the App or to perform attribution, authentication, valuation or restitution analysis; or use the App in any manner inconsistent with the App Store Terms of Service or the Apple Standard EULA.
5.3. All rights not expressly granted are reserved by ML Consulting and its licensors.
6
WHAT THE APP DOES, AND WHAT IT DOES NOT DO
The scope of the operating layer and the operational boundary.
6.1. The App is an operating layer for art-movement condition-evidence capture, chain-of-custody assembly, in-transit climate logging, damage-defence evidence and counterparty audit packs. It is iOS-native on the operator surface (iPad registrar primary cockpit at the registrar's desk and at the crate room with PencilKit + Apple Pencil Pro condition-map annotation, iPhone art handler / installer / courier field capture in white-glove gloves with AVFoundation high-resolution and macro photography, LiDAR depth scan, Speech-framework dictation, CoreNFC crate-tag scan, BLE climate-logger pairing and Face ID-signed handoff, Apple Watch registrar / lead handler / courier wrist haptic for the in-transit and install window) and web-link on the counterparty surface (read-only via signed URL).
6.2. The App does not pack, does not transport, does not lift, does not load, does not unload, does not install, does not de-install, does not conserve, does not restore, does not retouch, does not consolidate, does not clean, does not frame, does not de-frame, does not light, does not climate-control, does not store and does not insure any artwork; does not authenticate, attribute, appraise, valuate, certify or guarantee provenance, title, authorship, dating, ownership, lawful import, lawful export, lawful possession or absence of restitution claim in respect of any artwork; does not perform any anti-money-laundering, sanctions, ultimate-beneficial-ownership, politically-exposed-person, Art Loss Register, Interpol Stolen Works of Art or FBI National Stolen Art File screening; does not lodge any customs declaration, CITES permit, UNESCO 1970 / UNIDROIT 1995 / EU 2019/880 import notification, French Code du patrimoine export licence, Italian Codice dei beni culturali export licence or equivalent regulatory filing; does not run payroll or any payment-services activity; and does not constitute legal, fiscal, customs, insurance, valuation, attribution, authentication, conservation, restitution or anti-money-laundering advice.
6.3. You acknowledge that the App is a record-keeping, evidence-capture and acknowledgement-orchestration system. The actual packing, transport, install, de-install, conservation, customs clearance, insurance underwriting, valuation, attribution, authentication, provenance research, title clearance, restitution-claim diligence and anti-money-laundering compliance is performed by the Subscribing Customer's personnel and contractors and remains their sole responsibility.
7
ACCOUNTS, CREDENTIALS AND DEVICE SECURITY
Who controls credentials and what you must do on incident.
7.1. You are responsible for safeguarding the credentials (Apple ID, App-issued PIN, biometric enrolments, App Clip session tokens, CoreNFC crate tokens, Counterparty Portal signed URLs and any other authentication factors) used to access the App, and for all activity occurring under those credentials.
7.2. You must notify ML Consulting promptly at support+conditionlens@mlconsulting.lt of any actual or suspected unauthorised access, credential compromise, lost or stolen device, leaked Counterparty Portal URL, leaked App Clip session token or other security incident affecting the App.
7.3. You must keep the App, the underlying iOS, iPadOS and watchOS versions and the host Apple device firmware reasonably up-to-date. ML Consulting may decline to support, or may suspend access to, devices running materially out-of-date system software where this presents a security or compatibility risk.
7.4. ML Consulting may suspend access to the App or to any Counterparty Portal where necessary to protect the security or integrity of the App, the Subscriber Data, the personal data of registrars, handlers, couriers and counterparty representatives, or other Users — and to protect the confidentiality of artwork records, lender identities and collector identities.
8
SUBSCRIBER DATA AND PERMITTED USE BY US
Who owns the Move records and on what basis we process them.
8.1. As between you and ML Consulting, the Subscribing Customer retains all rights in the Subscriber Data.
8.2. You grant ML Consulting a worldwide, royalty-free, non-exclusive licence to host, store, transmit, display, reformat and process the Subscriber Data solely as necessary to provide and improve the App, deliver the Packs, operate the Counterparty Portals, prevent abuse, fulfil legal obligations and otherwise perform the Agreement.
8.3. ML Consulting may generate aggregated, anonymised statistical information from the Subscriber Data that does not directly or indirectly identify any natural person, Subscribing Customer, Move, artwork, artist, lender, borrower, consignor, buyer, collector, advisor or counterparty, and may use such aggregated information for product analytics, benchmarking and service improvement.
8.4. ML Consulting does not use Subscriber Data — including AVFoundation condition photographs, LiDAR depth scans, PencilKit condition-map annotations, voice memos, BLE climate-logger records, CoreNFC scan records, Face ID-signed acknowledgements, artwork identifiers, lender identifiers, borrower identifiers, consignor identifiers, buyer identifiers, collector identifiers, advisor identifiers or insurance-underwriting identifiers — to train or fine-tune any general-purpose or third-party machine-learning model, and does not disclose Subscriber Data to any third-party model provider without the express written consent of the Subscribing Customer. ML Consulting does not use Subscriber Data to construct, populate or supplement any attribution, authentication, valuation, provenance or restitution database, registry or service.
9
PRIVACY AND DATA PROTECTION
How GDPR and worker-monitoring law map to the App.
9.1. ML Consulting processes personal data in accordance with the GDPR, the Lithuanian Law on Legal Protection of Personal Data and the ConditionLens Privacy Policy published on mlconsulting.lt.
9.2. Where ML Consulting processes personal data on behalf of the Subscribing Customer (including personal data of registrars, art handlers, installers, couriers, conservators, collectors, advisors and counterparty representatives), ML Consulting acts as a processor and the Subscribing Customer acts as a controller. Article 28 GDPR data-processing terms apply in the form set out in the Data Processing Addendum incorporated by reference into the Order Form.
9.3. Where ML Consulting determines the means and purposes of processing — for example, for security telemetry, fraud prevention, billing or product analytics on anonymised data — ML Consulting acts as a controller.
9.4. Where the App is used in the employment or freelance-engagement context — including for registrars, packout teams, drivers, couriers, installers and conservators — the Subscribing Customer is responsible for compliance with Article 88 GDPR (processing in the context of employment), the rules adopted under Article 88 by the relevant Member State, the rules of any applicable collective bargaining agreement, the rules of any works-council or workforce-representative consultation procedure, the French Code du travail and equivalent local provisions of every Move jurisdiction.
9.5. Where personal data of private collectors, lenders, borrowers, consignors, buyers, advisors or beneficial owners is processed by the App, the Subscribing Customer is responsible for ensuring an appropriate Article 6 GDPR legal basis (and Article 9 GDPR legal basis where the data is special-category) and for adopting appropriate safeguards reflecting the high confidentiality expectations of the art market.
10
SUBSCRIPTIONS, BILLING AND APP STORE RULES
How the App is sold and how Apple-managed payments interact.
10.1. The App is offered to Subscribing Customers under the Plans described in clause A13. Subscription Fees are exclusive of value-added tax, sales tax, withholding tax and other applicable taxes, which are payable in addition where due.
10.2. Where the App is acquired through the Apple App Store on a paid basis, the applicable Apple-managed payment terms, refund policy and family-sharing rules apply. Where the Apple App Store version of the App is free, all paid functionality is procured by the Subscribing Customer through the Direct Billing channel described in clause 11.
10.3. Subscriptions auto-renew unless the Subscribing Customer cancels in writing in accordance with clause 16 (Suspension and Termination) and the applicable Order Form.
11
DIRECT BILLING FOR THE APP
How the Reader Rule pattern maps to the Plans.
11.1. All paid Plans for the App are sold under the Direct Channel — meaning the Subscribing Customer signs an Order Form with ML Consulting and pays the Subscription Fees by bank transfer or by card via Stripe. Apple In-App Purchase is not used for these Plans, in compliance with the App Store Reader Rule pattern.
11.2. Invoices are issued in EUR. Payment terms are net thirty (30) days from invoice date unless otherwise specified on the Order Form. Late payments accrue interest at the rate provided for in Directive 2011/7/EU on combating late payment in commercial transactions.
11.3. The Subscribing Customer is responsible for its own withholding-tax, VAT-reverse-charge and any payment-services-provider obligations arising in the Subscribing Customer's jurisdiction.
12
ACCEPTABLE USE
What you must not do with the App.
You must not, and you must not permit any User to:
▪ use the App in any manner that infringes applicable law, including cultural-property law (UNESCO 1970, UNIDROIT 1995, Regulation (EU) 2019/880, Regulation (EC) 116/2009, the French Code du patrimoine, the Italian Codice dei beni culturali e del paesaggio and equivalents), CITES, customs law, anti-money-laundering law (5AMLD, 6AMLD, US Bank Secrecy Act anti-money-laundering provisions extended to art dealers, UK Money Laundering Regulations 2017), sanctions law (US OFAC, EU Consolidated, UK OFSI, UN Security Council and equivalents), Holocaust-era restitution principles (Washington Principles 1998, Terezín Declaration 2009), museum-ethics standards (ICOM Code of Ethics for Museums, AAM, AAMD), copyright law, trademark law, image-rights law, defamation law, competition law, GDPR or eIDAS;
▪ upload, capture or transmit any content that is unlawful, defamatory, obscene, hateful, harassing, or that infringes the intellectual property, image, publicity, privacy, lender confidentiality, collector confidentiality, auction-house confidentiality or museum-acquisition confidentiality rights of any third party;
▪ introduce viruses, worms, malware or other harmful code, or attempt to gain unauthorised access to the App, to other Users, to Counterparty Portals or to underlying infrastructure;
▪ interfere with or disrupt the integrity or performance of the App or the data contained therein;
▪ use the App to process special categories of personal data within the meaning of Article 9 GDPR, or data relating to criminal convictions and offences within the meaning of Article 10 GDPR (which may arise in the context of restitution claims or anti-money-laundering investigations), except where this is strictly necessary, supported by an appropriate legal basis under Articles 6, 9 and 10 GDPR and subject to suitable safeguards;
▪ use the App for any decision that produces legal effects concerning a natural person or similarly significantly affects them within the meaning of Article 22 GDPR — including decisions about loan eligibility, sale eligibility, anti-money-laundering enhanced due diligence, restitution-claim adjudication or worker discipline — without an appropriate human-in-the-loop process and a documented legal basis;
▪ use the App to circumvent any lender, borrower, consignor, buyer, family-office, auction-house, museum-acquisition or sponsor confidentiality obligation, embargo, exclusivity arrangement, pre-sale undertaking, post-sale undertaking or restitution-mediation confidentiality undertaking.
13
AI / ML FEATURES AND PROBABILISTIC OUTPUTS
How the App's AI helpers are designed to be used.
13.1. The App may include features that use machine-learning models running on-device (CoreML) and / or server-side to suggest condition wording, classify AVFoundation condition photographs (for example, "possible new abrasion versus baseline"), interpret LiDAR depth-scan deltas, transcribe Speech-framework voice memos in noisy crate rooms, summarise post-move debrief notes, detect anomalies in BLE climate-logger traces or CoreNFC chain-of-custody and generate other probabilistic outputs.
13.2. Such outputs are probabilistic. They may be incomplete, inaccurate, misleading, biased, outdated, hallucinated, mistranscribed or unsuitable for a particular purpose. They must not be relied upon as a substitute for human judgement, professional advice or independent verification by qualified conservation, registrarial, art-historical, insurance, customs, restitution, anti-money-laundering, legal or fiscal personnel.
13.3. You are responsible for reviewing, verifying and editing every AI-assisted output before it is acted on, shared with any User, shared with any third party (including a fine art insurance underwriter, a lender institution, an auction house specialist, a private collector / family-office advisor, an art fair operator, a conservation studio, a customs authority, a court, a restitution panel, a regulator, an insurer or an auditor) or used as the basis of any operational, conservation, insurance, customs, loan, acquisition, sale, restitution or anti-money-laundering decision.
13.4. AI-assisted features are not used and must not be used to determine attribution, authenticity, dating, artist identity, school of authorship, provenance, ownership, lawful import, lawful export, lawful possession, restitution status or fair market value of any artwork. AI-assisted features are not used to generate behavioural, financial or employability profiles of any collector, lender, borrower, consignor, buyer, advisor or worker.
14
INTELLECTUAL PROPERTY
Who owns the App and how feedback is treated.
14.1. All right, title and interest in and to the App (including all software, source code, object code, designs, templates, taxonomies, machine-learning models, training data, prompts, configurations, scoring methods, schemas, documentation, look-and-feel and trademarks) are and remain the exclusive property of ML Consulting and its licensors. No rights are granted to you other than those expressly set out in the Agreement.
14.2. Feedback, suggestions and ideas you provide to ML Consulting about the App may be used by ML Consulting freely and without obligation, provided that such feedback is treated as non-confidential and is not personal data and does not embed Subscribing Customer, lender, borrower, consignor, buyer, collector, advisor, museum-acquisition or auction-house confidential information, artwork imagery, condition material, provenance material, attribution material or valuation material.
15
UPDATES, AVAILABILITY AND SUPPORT
What you can and cannot expect from the service.
15.1. ML Consulting may release updates, upgrades, bug fixes, security patches and configuration changes to the App at any time. Some updates may be required for the App to remain operable and may require the latest supported iOS, iPadOS or watchOS version.
15.2. The App is provided on a commercially reasonable best-efforts basis. The App, the Counterparty Portals and the Packs are not warranted to be uninterrupted, error-free, free of defects, free of security vulnerabilities or continuously available, and may be subject to scheduled maintenance, App Store review windows, Apple system outages, art-warehouse-Wi-Fi outages, fine-art-truck cellular dead zones, museum sub-basement runway-shielded conditions and force majeure events. The App is not designed or warranted to function as the sole or primary tool of attribution authority, authentication authority, provenance authority, title authority, valuation authority, conservation authority, climate-control authority or safety-critical control.
15.3. Support is provided at the level specified in the Order Form and otherwise via support+conditionlens@mlconsulting.lt on a best-effort basis during ML Consulting's business hours in Vilnius, Lithuania. Pre-Move Stand-by Service, where purchased, is governed by clause A13.
16
SUSPENSION AND TERMINATION
When access can be paused or ended and what happens to your data.
16.1. You may stop using the App at any time by uninstalling it. Where the App is subscribed to under an Order Form, termination is governed by the Order Form.
16.2. ML Consulting may suspend or terminate your access to the App, in whole or in part, with or without notice, if (a) you materially breach the Agreement; (b) ML Consulting is required to do so by law, by court order or by Apple; (c) suspension is necessary to protect the security or integrity of the App, the Subscriber Data, other Users, the personal data of registrars, handlers, couriers or counterparty representatives, or third parties; or (d) the Subscribing Customer fails to pay any Subscription Fee when due and does not cure within fourteen (14) days of written notice.
16.3. On termination, your right to use the App ceases. The Subscribing Customer may export Subscriber Data within thirty (30) days of termination using the export functions provided in the App, after which ML Consulting may delete Subscriber Data in accordance with its retention schedule and applicable cultural-property, customs, anti-money-laundering and museum-deaccession retention obligations.
17
CONSUMER RIGHTS
How EU consumer protections interact with the Agreement.
17.1. Where you are a consumer within the meaning of Directive 2011/83/EU, nothing in the Agreement affects your mandatory rights under applicable consumer-protection law of your country of habitual residence.
17.2. You acknowledge that, where the App is provided as digital content / digital service on demand and you have given express prior consent and acknowledgement of loss of the right of withdrawal, the fourteen-day right of withdrawal under Article 16(m) of Directive 2011/83/EU does not apply.
18
DISCLAIMERS
How the as-is / as-available framing works in practice.
18.1. Except as expressly stated in the Agreement and except to the extent that liability cannot be excluded or limited under applicable law, the App and the Counterparty Portals are provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, statutory or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, completeness, timeliness, integration, title and non-infringement.
18.2. ML Consulting does not warrant that the App, the Counterparty Portals or the Packs will meet any specific conservation, registrarial, museum-ethics, attribution, authentication, valuation, provenance, title, customs, restitution, anti-money-laundering, sanctions, insurance, fiscal or audit standard or expectation. The Subscribing Customer is responsible for evaluating fitness for purpose before any operational reliance — and the App must never be relied upon as the sole or primary mechanism of attribution authority, authentication authority, provenance authority, title authority, conservation authority, climate-control authority or safety-critical control.
19
LIMITATION OF LIABILITY
The boundaries of recoverable loss.
19.1. To the maximum extent permitted by applicable law, neither ML Consulting nor its directors, officers, employees, affiliates, contractors or licensors are liable for any indirect, incidental, consequential, special, exemplary or punitive damages, including damage to or destruction of any artwork; loss of artwork value (whether by partial loss, total loss, depreciation or market reclassification); loss of attribution, authentication, dating, provenance, title or restitution position; loss of customs clearance, cultural-property export licence or CITES permit; loss of museum accreditation, AAM / AAMD / ICOM standing or insurance underwriting cover or premium increase; loss of lender, borrower, consignor, buyer, collector, family-office, auction-house, art-fair, museum-acquisition or sponsor relationship; loss of art-loan future-allocation; loss of revenue, profits, contracts, goodwill, reputation or expected savings; loss or corruption of data; or business interruption, however caused and on any theory of liability, arising out of or in connection with the Agreement or the App.
19.2. To the maximum extent permitted by applicable law, the aggregate liability of ML Consulting and its directors, officers, employees, affiliates, contractors and licensors arising out of or in connection with the Agreement or the App — whether in contract, tort (including negligence), restitution, statute or otherwise — is limited as set out in clause A13.4 of Schedule A.
19.3. Nothing in the Agreement excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability which cannot be excluded or limited under applicable law.
20
INDEMNITY FOR BUSINESS USERS
What the Subscribing Customer underwrites in respect of third-party claims.
20.1. Where you are a Subscribing Customer, you will defend, indemnify and hold harmless ML Consulting and its directors, officers, employees, affiliates and contractors from and against any third-party claims, losses, damages, liabilities, fines, penalties, costs and reasonable legal fees arising out of or in connection with (a) your or any of your Users' use of the App in breach of the Agreement or applicable law; (b) Subscriber Data, including any claim that Subscriber Data infringes intellectual property, image, publicity, privacy, lender / collector / auction-house / museum-acquisition / family-office confidentiality, copyright or other rights; (c) any conservation, transport, install, de-install, attribution, authentication, valuation, provenance, title, customs, restitution, anti-money-laundering, sanctions, insurance, fiscal, lender, borrower, consignor, buyer, auction-house, art-fair or museum-acquisition decision or action taken by you, your Users, your contractors or any third party on the basis of the App, the Packs or the Counterparty Portals; (d) any allegation that you failed to obtain the legal bases, lender / borrower / consignor / buyer consents, customs declarations, CITES permits, UNESCO 1970 / UNIDROIT 1995 / EU 2019/880 import notifications, cultural-property export licences, anti-money-laundering customer due diligence, sanctions screening, ultimate-beneficial-ownership identification or restitution-claim diligence required under applicable law; and (e) any allegation that you failed to perform any provenance research, Art Loss Register / Interpol Stolen Works of Art / FBI National Stolen Art File search, anti-money-laundering check, sanctions screening or restitution diligence that you should have performed independently of the App.
21
FORCE MAJEURE
Events beyond reasonable control.
21.1. Neither party is liable for any failure or delay in the performance of its obligations (other than payment obligations) to the extent caused by an event beyond its reasonable control, including acts of God, fire, flood, earthquake, pandemic or epidemic, war, terrorism, civil unrest, strike or industrial dispute affecting third parties, failure of public infrastructure, Apple App Store outage, mobile carrier outage, venue evacuation, customs hold, art-warehouse fire, fine-art-truck refrigeration failure or governmental or regulatory action.
21.2. The affected party will promptly notify the other and use commercially reasonable efforts to mitigate the impact of the force majeure event.
22
GOVERNING LAW AND DISPUTES
How disagreements are resolved.
22.1. The Agreement is governed by the laws of the Republic of Lithuania, excluding its conflict-of-laws rules and excluding the United Nations Convention on Contracts for the International Sale of Goods.
22.2. Any dispute arising out of or in connection with the Agreement which cannot be resolved amicably will be submitted to the exclusive jurisdiction of the competent courts of Vilnius, Republic of Lithuania, subject to mandatory consumer protection rules that may apply to you under the law of your country of habitual residence.
23
CHANGES TO THIS AGREEMENT
How amendments are communicated and how you can object.
23.1. ML Consulting may amend these Master Terms and the applicable Schedule from time to time. ML Consulting will provide reasonable advance notice of material changes by in-app notice, email to the Subscribing Customer's billing contact or notice on mlconsulting.lt.
23.2. Continued use of the App after the effective date of a change constitutes acceptance of the amended Agreement. If the Subscribing Customer does not accept a material change, the Subscribing Customer may terminate the Order Form for the affected App by written notice within thirty (30) days of the change becoming effective, and ML Consulting will refund any prepaid Subscription Fees for the unused remainder of the then-current term.
24
GENERAL
Entire-agreement, severability, waiver and assignment.
24.1. The Agreement is the entire agreement between you and ML Consulting in respect of the App and supersedes all prior or contemporaneous communications, proposals and representations.
24.2. If any provision of the Agreement is held to be invalid or unenforceable, the remaining provisions remain in full force and effect.
24.3. No failure or delay by ML Consulting in exercising any right under the Agreement constitutes a waiver of that right.
24.4. You may not assign or transfer the Agreement or any of your rights or obligations under it without ML Consulting's prior written consent. ML Consulting may assign the Agreement in connection with a merger, acquisition, corporate reorganisation or sale of all or substantially all of its assets.
24.5. Notices to ML Consulting under the Agreement must be sent to support+conditionlens@mlconsulting.lt with a copy to the registered office of ML Consulting MB as published on mlconsulting.lt.
25
APPLE-REQUIRED TERMS
Apple's standard third-party-beneficiary regime.
25.1. You acknowledge that the Agreement is between you and ML Consulting and not with Apple. Apple is not responsible for the App or the content of the App.
25.2. Apple has no obligation to provide maintenance or support services for the App.
25.3. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will, where the App was acquired through the App Store under a paid model, refund the purchase price of the App to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App.
25.4. ML Consulting (and not Apple) is responsible for addressing any claims of you or any third party relating to the App or your possession and use of the App, including product-liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer-protection or similar legislation.
25.5. In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, ML Consulting (and not Apple) is solely responsible for the investigation, defence, settlement and discharge of any such claim.
25.6. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
25.7. Apple and Apple's subsidiaries are third-party beneficiaries of the Agreement, and upon your acceptance of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third-party beneficiary.
26
PRECEDENCE — SCHEDULES AND ORDER FORMS
Which document wins where they conflict.
26.1. Where these Master Terms conflict with a Schedule, the Schedule prevails for that App. Where a Schedule conflicts with a signed Order Form, the Order Form prevails to the extent of the conflict.
PART II
Schedule A · ConditionLens
App-specific terms for ConditionLens. These terms prevail over the Master Terms in Part I to the extent of any conflict.
A1
APP-SPECIFIC DEFINITIONS
How the Move, the evidence chain and the counterparty seats are defined.
In this Schedule A, capitalised terms have the meanings given in clause 4 of the Master Terms, supplemented as follows.
Condition Report — a structured record of the visible, surface, structural and stylistic state of an artwork at a defined moment, captured in the App via AVFoundation high-resolution photographs, LiDAR depth scans, PencilKit + Apple Pencil Pro condition-map annotations and Speech-framework dictated notes.
Condition Map — an iPad-native annotation layer applied to a Condition Report photograph, marking abrasions, losses, cracks, lifting, tenting, foxing, accretions, stains, scratches, dents, flaking paint, retouching, mounts and other notable features.
Chain-of-Custody — the unbroken record of who handled which artwork or crate, at what time, with what AVFoundation photograph, LiDAR scan, CoreNFC crate-tag scan, BLE climate-logger pairing or Face ID-signed acknowledgement, from condition-baseline capture through packing, transport, dock-receipt, install, exhibition, de-install and return.
Evidence Lock — the registrar-initiated moment at which a Move's evidence package is locked — typically immediately before departure from warehouse or immediately before doors open at an exhibition or fair — captured by a Face ID-signed (and optionally Apple-Watch-initiated) registrar acknowledgement, after which any further change is recorded as a deliberate override.
Climate Logger — a third-party BLE-paired temperature, humidity and shock-monitoring device (such as those manufactured by Onset HOBO and equivalents) used by the Subscribing Customer to monitor in-transit and on-site climate. The App reads the Climate Logger's data but does not manufacture, calibrate, certify or warrant the Climate Logger.
App Clip — an on-demand, install-free Apple App Clip session for a borrowing-institution courier, visiting conservator or auction house specialist at handover, scoped to a single Move and a single engagement window.
CoreNFC Token — an NFC tag affixed to a crate, art handling soft-pack or roll, used by the App to identify the crate and its contents at packing, loading, dock-receipt, install, de-install and return.
Counterparty Pack — a scope-correct read-only Pack made available via Counterparty Portal to a fine art insurance underwriter, lender institution registrar, auction house specialist, private collector / family-office art advisor, art fair operator or conservation studio / custodial auditor.
Pre-Move Stand-by Service — an optional, founder / partner-led operational concierge service governed by clause A13. It is an operational concierge — it is not a guaranteed response time, not an emergency dispatch service, not a conservation service and not a substitute for the Subscribing Customer's own on-site registrar / handler team or qualified emergency services.
A2
DESCRIPTION OF CONDITIONLENS AND SURFACES
What the operator and counterparty surfaces actually do.
A2.1. ConditionLens is an art-movement condition-evidence capture, chain-of-custody, in-transit climate logging, damage-defence and counterparty audit operating layer for galleries, private collections, museums, art logistics firms, auction houses, art fair operators and their contracted counterparties. The operator surface is iOS-native on iPad (registrar primary cockpit at the registrar's desk and at the crate room — with PencilKit + Apple Pencil Pro condition-map annotation), iPhone (art handler, installer, courier, collection assistant — in white-glove gloves at crate, truck and install site, with AVFoundation high-resolution and macro photography, LiDAR depth scan, Speech-framework dictation, CoreNFC crate-tag scan, BLE climate-logger pairing and Face ID-signed handoff) and Apple Watch (registrar, lead handler, courier wrist haptic during transit and install — climate-breach alert, crate-arrival pulse, Evidence-Lock countdown, exception escalation). The counterparty surface is web-link only, scope-correct and read-only, accessed via signed URL.
A2.2. ConditionLens does not move, pack, transport, install, de-install, conserve, restore, retouch, consolidate, clean, frame, de-frame, light, climate-control, store or insure any artwork. It does not authenticate, attribute, appraise, valuate, certify or guarantee provenance, title, authorship, dating, ownership, lawful import, lawful export, lawful possession or absence of restitution claim. It does not search the Art Loss Register, Interpol Stolen Works of Art, the FBI National Stolen Art File, the Washington Principles registries, the Terezín Declaration registries or any equivalent registry. It does not perform anti-money-laundering, counter-terrorist-financing, sanctions, politically-exposed-person or ultimate-beneficial-ownership screening. It does not lodge any customs declaration, CITES permit, UNESCO 1970 / UNIDROIT 1995 / Regulation (EU) 2019/880 import notification, cultural-property export licence or equivalent regulatory filing.
A2.3. ConditionLens is an operational record-keeping and evidence-assembly tool. The Subscribing Customer remains the gallery, collection, museum, art logistics operator, auction house, art fair operator and conservation studio (as applicable), the legal employer of registrars and handlers, the controller of artwork records, the contracting party with the lender, borrower, consignor, buyer, courier, conservator, customs broker, insurer and counterparty, and the party responsible for all conservation, customs, anti-money-laundering, sanctions, restitution, attribution, valuation and contractual decisions.
A3
SUBSCRIBING CUSTOMER RESPONSIBILITIES (GALLERY / MUSEUM / LOGISTICS / AUCTION / FAIR OPERATOR)
What stays with you, not with us.
The Subscribing Customer is solely responsible for, and ML Consulting has no liability arising from:
▪ the artworks themselves — their sourcing, attribution, authentication, condition, conservation, packing, crating, transport, in-transit climate control, lifting, dock-handling, install, exhibition lighting, de-install, return, storage, framing and security;
▪ compliance with all applicable cultural-property, customs and export-control regimes — including UNESCO 1970, UNIDROIT 1995, Regulation (EU) 2019/880, Regulation (EC) 116/2009, the French Code du patrimoine, the Italian Codice dei beni culturali e del paesaggio, CITES, the UK Cultural Goods (International Sanctions) regime, and equivalent local provisions of every jurisdiction in which a Move takes place;
▪ compliance with all applicable anti-money-laundering and sanctions regimes — including Directive (EU) 2018/843 (5AMLD), Directive (EU) 2018/1673 (6AMLD), the U.S. Bank Secrecy Act anti-money-laundering provisions extended to art dealers, the UK Money Laundering Regulations 2017 as amended, the French Code monétaire et financier, the Italian Decreto Legislativo 231/2007, US OFAC, EU Consolidated, UK OFSI and UN Security Council sanctions lists, and the Responsible Art Market Initiative (RAM) guidance;
▪ compliance with all applicable Holocaust-era restitution and looted-art frameworks — including the Washington Conference Principles 1998, the Terezín Declaration 2009, the Vilnius Forum Declaration, national restitution panels (UK Spoliation Advisory Panel, German Limbach Commission, French CIVS, Dutch Restitutiecommissie, Austrian Kunstrückgabebeirat) and equivalent;
▪ compliance with applicable museum-ethics standards — including the ICOM Code of Ethics for Museums, AAM standards, AAMD reports on the acquisition of archaeological materials and ancient art, and equivalent local frameworks;
▪ all worker-engagement obligations — including freelance registrar, handler, installer, courier and conservator contracts, working-time records, rest-break records, occupational-safety procedures, manual-handling for artworks and crates, and equivalent local provisions of every Move jurisdiction;
▪ all decisions to share a Counterparty Pack with a fine art insurance underwriter, a lender institution, an auction house specialist, a private collector / family-office art advisor, an art fair operator, a conservation studio / custodial auditor, a court, a restitution panel, a customs authority, a regulator, an insurer, a customer or any other third party;
▪ the accuracy, completeness, lawfulness and legal basis of all data submitted into or generated by the App, including AVFoundation high-resolution and macro photographs, LiDAR depth scans, PencilKit condition-map annotations, Speech-framework voice memos, BLE climate-logger records, CoreNFC scan records, Face ID-signed handoffs, Evidence-Lock signatures, artwork identifiers, lender identifiers, borrower identifiers, consignor identifiers, buyer identifiers, collector identifiers, advisor identifiers and counterparty identifiers;
▪ all decisions about whether and when to accept, decline, condition, suspend, abort, escalate or refuse a Move — irrespective of any green / amber / red indicator, Apple Watch wrist haptic, Live Activity, Dynamic Island, ClockKit complication, CoreNFC scan match, climate-logger reading or notification displayed by the App;
▪ insurance — the App is not a substitute for fine-art transit insurance, fine-art exhibition insurance, fine-art storage insurance, professional indemnity, public liability, employer liability, errors and omissions, or any other applicable cover, and the Subscribing Customer remains responsible for procuring and maintaining all required cover at appropriate limits.
A4
REGISTRARS, HANDLERS, COURIERS, APP CLIP USERS AND COUNTERPARTY PORTALS
Issuing, scoping and revoking the access surface.
A4.1. The Subscribing Customer is responsible for issuing, managing and revoking PINs, biometric enrolments, App-issued credentials, App Clip session tokens, CoreNFC crate tokens and Counterparty Portal signed URLs.
A4.2. Where the Subscribing Customer enables App Clip access for borrowing-institution couriers, visiting conservators, auction house specialists at handover or other temporary participants, the Subscribing Customer is responsible for scoping the App Clip session to the appropriate Move and engagement window, for posting clear notice that App Clip use is operational and not an entitlement to confidential artwork, lender, collector or family-office information, and for revoking the session at the end of the engagement.
A4.3. Counterparty Portals are read-only, scope-correct and provided via signed URL. The Subscribing Customer is responsible for the issuance of Counterparty Portal URLs only to authorised counterparty representatives and for the prompt revocation of URLs where the counterparty engagement ends, where a representative changes role or where a URL is suspected to have been leaked or shared with an unauthorised third party.
A4.4. Lenders, borrowers, consignors, buyers and collectors are data subjects, not Users, except where they are expressly invited to operate the App or an App Clip in a defined operational capacity (for example, a lender registrar operating a read-only Lender Institution Counterparty Portal flow).
A5
PENCILKIT CONDITION MAPS, FACE ID HANDOFFS AND APPLE WATCH EVIDENCE-LOCK — NOT EIDAS, NOT PROVENANCE / TITLE / VALUATION
What the App's signature surfaces are and what they are not.
A5.1. Face ID-based acknowledgements, PencilKit Condition-Map annotations on iPad, Apple Watch-initiated Evidence-Lock signatures, AVFoundation photographs, LiDAR depth scans, CoreNFC crate scans and PIN entries captured by the App are operational acknowledgements designed to create an internal evidence trail for Condition Reports, Chain-of-Custody, in-transit climate logging and Evidence Lock. They are not Qualified Electronic Signatures (QES) or Advanced Electronic Signatures (AES) under Regulation (EU) 910/2014 (eIDAS), are not notarial deeds, are not court-admissible declarations on their own, are not a substitute for a wet-ink contract or lender / borrower / consignor / buyer agreement where one is required, are not a provenance certification, are not a title clearance, are not an attribution, authentication, dating or valuation determination, are not a customs clearance, are not an export licence, are not a CITES permit, are not a UNESCO 1970 / UNIDROIT 1995 / Regulation (EU) 2019/880 clearance, are not a Holocaust-era restitution determination, are not an anti-money-laundering certification, are not a sanctions clearance and are not a regulatory submission to any cultural ministry, customs authority, anti-money-laundering authority, sanctions authority or museum authority.
A5.2. Acknowledgement of a packing step, transport step, dock-receipt, install, de-install or Evidence Lock within the App is an operational acknowledgement that the affected User has received and confirmed the step. It is not, on its own, the formation, variation, novation or termination of any contract between the Subscribing Customer and the lender, borrower, consignor, buyer, collector, advisor, auction house, art fair operator, conservator, customs broker, insurer or any other third party.
A5.3. Where the Subscribing Customer requires a qualified or advanced electronic signature for any legal, regulatory, customs, anti-money-laundering, sanctions, lender / borrower / consignor / buyer contractual or insurance purpose, the Subscribing Customer must use an appropriate third-party qualified trust service.
A6
APPLE WATCH, LIVE ACTIVITIES AND NOTIFICATIONS — NOT A SAFETY, CLIMATE-AUTHORITY OR CONSERVATION-AUTHORITY SYSTEM
What the wrist surface is, and what it is not.
A6.1. ConditionLens delivers climate-breach alert pulses, evidence-pack-incomplete alerts, crate-arrival pulses, Evidence-Lock countdown complications and exception escalation pulses to the registrar, lead handler and courier Apple Watch via watchOS notifications, ActivityKit Live Activities, Dynamic Island and ClockKit complications, and may surface incident push notifications on iPhone and iPad. These signals are operational helpers — they are not, individually or in aggregate, a 911 / 999 / 112 / locally applicable emergency-services call, a fire alarm, a smoke / gas detection / evacuation alarm, a fine-art-warehouse refrigeration-plant alarm, a fine-art-truck climate-failure alarm, a calibrated temperature / humidity / shock instrument, a conservation authority, an attribution / authentication / valuation authority, a customs alert, a sanctions alert, a restitution alert, a museum-acquisition authority or a safety-critical system within the meaning of any occupational-safety, building-safety or museum-safety standard.
CRITICAL RELIANCE PROHIBITED — CALL EMERGENCY SERVICES FIRST; CONSULT QUALIFIED SPECIALISTS
The Subscribing Customer must not rely on the App, on the Apple Watch wrist haptic, on the Live Activity, on the Dynamic Island, on the ClockKit complication, on any CoreNFC scan match or on any notification as the sole or primary trigger for life-safety actions (fire, evacuation, medical emergency, vehicle accident, worker injury), for climate-control or refrigeration-plant decisions, for irreversible conservation interventions, for attribution / authentication / valuation conclusions, for customs / cultural-property / sanctions / anti-money-laundering decisions, or for restitution-claim adjudication. Calling 911 / 999 / 112 or the locally applicable public emergency number remains mandatory whenever any person is in apparent danger of death or serious harm. Conservation authority remains with qualified conservators (AIC, ECCO, IIC, ICOM-CC and equivalents); attribution and authentication authority remains with qualified specialists, catalogue raisonné authors and recognised expertise committees; provenance, title and restitution authority remains with qualified legal counsel and recognised restitution panels — in each case independently of the App.
A7
AUDIT LOG, EVIDENCE-LOCK PACK AND COUNTERPARTY PACKS
How the evidence chain works and what it does not warrant.
A7.1. The App maintains an internal audit log of Condition Reports, Condition-Map annotations, packing events, transport events, dock-receipt events, install events, de-install events, return events, CoreNFC scans, BLE climate-logger records, AVFoundation captures, LiDAR scans, PencilKit signatures, Face ID-signed acknowledgements, Evidence-Lock events, App Clip sessions and Counterparty Portal accesses. The Movement Defence Pack, Evidence-Lock Pack, Condition-Map Pack, Chain-of-Custody Pack, In-Transit Climate Pack, Insurance Underwriter Pack, Lender Institution Pack, Auction House Specialist Pack, Private Collector / Family-Office Pack and Conservation Studio Pack are versioned, timestamped, scope-correct exports drawn from this log.
A7.2. The Packs are evidence assistance — they are not, and the Subscribing Customer must not represent them to be, a provenance certification, a title clearance, an attribution, authentication, dating or valuation determination, a fine art insurance underwriting decision or claims-settlement decision, a museum accreditation, an AAM / AAMD / ICOM standing finding, a customs clearance, a CITES permit, a UNESCO 1970 / UNIDROIT 1995 / EU 2019/880 import clearance, a Holocaust-era restitution determination, a Washington Principles / Terezín Declaration finding, an Art Loss Register / Interpol Stolen Works of Art / FBI National Stolen Art File search result, an anti-money-laundering certification, a sanctions clearance or a regulatory submission to any authority.
A7.3. The Subscribing Customer is responsible for the legality, completeness and onward use of any Pack the Subscribing Customer chooses to share with a fine art insurance underwriter, a lender institution, an auction house specialist, a private collector / family-office art advisor, an art fair operator, a conservation studio / custodial auditor, a customs authority, a court, a restitution panel, a regulator, an insurer or any other third party — and for ensuring that such sharing does not breach any lender, borrower, consignor, buyer, family-office, auction-house, museum-acquisition or restitution-mediation confidentiality obligation.
A8
AI-ASSISTED FEATURES AND ON-DEVICE ML — NO AUTHENTICATION, NO ATTRIBUTION
How probabilistic outputs are scoped, and what they must not be used for.
A8.1. ConditionLens may use on-device CoreML and / or server-side machine-learning models to suggest condition wording, classify AVFoundation condition photographs (for example, "possible new abrasion versus baseline"), interpret LiDAR depth-scan deltas, transcribe Speech-framework voice memos in noisy crate rooms, summarise post-move debrief notes, detect anomalies in BLE climate-logger traces or CoreNFC chain-of-custody and generate other probabilistic outputs.
A8.2. These outputs are advisory only. They must not be used to (a) determine the attribution, authenticity, dating, artist identity or school of authorship of any artwork; (b) determine the fair market value, insurance value or replacement value of any artwork; (c) determine the provenance, title, ownership or lawful possession of any artwork; (d) determine whether any artwork is subject to a restitution claim, a Washington Principles / Terezín Declaration concern, an Art Loss Register / Interpol Stolen Works of Art / FBI National Stolen Art File hit or any equivalent flag; (e) determine the lawful import or export status of any artwork under UNESCO 1970, UNIDROIT 1995, Regulation (EU) 2019/880, CITES or any equivalent regime; (f) determine any anti-money-laundering, sanctions, politically-exposed-person, ultimate-beneficial-ownership or counterparty-screening conclusion; (g) determine an Evidence Lock or authorise a Move; (h) authorise any conservation intervention; (i) determine an insurance underwriting or claims-handling decision; (j) make any employment, disciplinary, scheduling or hiring decision concerning a registrar, handler, installer, courier or conservator.
A8.3. The Subscribing Customer is responsible for reviewing, verifying and editing every AI-assisted output before it is acted on, shared or logged as a finding. AI-assisted features are not used to generate behavioural, financial or employability profiles of any collector, lender, borrower, consignor, buyer, advisor or worker.
A9
PROVENANCE, TITLE, CUSTOMS, RESTITUTION AND ANTI-MONEY-LAUNDERING OBLIGATIONS
Regulated obligations that remain entirely with the Subscribing Customer.
A9.1. Provenance research — including catalogue raisonné consultation, exhibition history reconstruction, archival research, pre-war and wartime ownership review, and Holocaust-era looted-art due diligence under the Washington Principles 1998 and the Terezín Declaration 2009 — is the sole responsibility of the Subscribing Customer and is performed independently of the App.
A9.2. Title clearance — including review of legal ownership, lien, charge, secured interest, beneficial ownership, family trust or partnership claim — is the sole responsibility of the Subscribing Customer and is performed independently of the App.
A9.3. Customs and cultural-property compliance — including UNESCO 1970 / UNIDROIT 1995 / Regulation (EU) 2019/880 import notifications, Regulation (EC) 116/2009 export licences, French Code du patrimoine cultural-treasure export licences, Italian Codice dei beni culturali export licences, CITES permits for protected materials and equivalent local filings — is the sole responsibility of the Subscribing Customer.
A9.4. Anti-money-laundering, counter-terrorist-financing and sanctions compliance — including the regulated person's obligations under 5AMLD, 6AMLD, the U.S. Bank Secrecy Act anti-money-laundering provisions extended to art dealers, the UK Money Laundering Regulations 2017 as amended, the French Code monétaire et financier, the Italian Decreto Legislativo 231/2007 and equivalent local provisions, and including customer due diligence, source-of-funds enquiries, source-of-wealth enquiries, ultimate-beneficial-ownership identification, politically-exposed-person screening, suspicious-activity reporting, OFAC / EU Consolidated / UK OFSI / UN Security Council screening, and record-keeping — is the sole responsibility of the Subscribing Customer.
A9.5. Restitution and looted-art diligence — including Art Loss Register, Interpol Stolen Works of Art, FBI National Stolen Art File and equivalent searches; engagement with national restitution panels (UK Spoliation Advisory Panel, German Limbach Commission, French CIVS, Dutch Restitutiecommissie, Austrian Kunstrückgabebeirat); and observance of the Responsible Art Market Initiative (RAM) guidance — is the sole responsibility of the Subscribing Customer.
A10
CULTURAL PROPERTY, CITES, EXPORT LICENCES AND LENDER CONDITIONS
How regulated cultural-property obligations and the App's evidence layer interact.
A10.1. The Subscribing Customer is the cultural-property obligated person under applicable law. The App does not transfer cultural-property obligations to ML Consulting. The App does not constitute a UNESCO 1970, UNIDROIT 1995, Regulation (EU) 2019/880, Regulation (EC) 116/2009, French Code du patrimoine or Italian Codice dei beni culturali filing or licence, and does not constitute a CITES permit.
A10.2. Where a Move involves protected materials within the meaning of CITES (including ivory, tortoiseshell, certain feathers, certain woods and certain animal- or plant-derived materials), the Subscribing Customer is solely responsible for procuring and maintaining the relevant CITES permits and for ensuring that the Move complies with any species-specific restrictions of the import and export jurisdictions.
A10.3. The Subscribing Customer is responsible for honouring all lender, borrower, consignor and buyer conditions — including loan agreement clauses on photography, livestream, social-media use, conservation interventions, environmental conditions, security, courier accompaniment, return windows and indemnification — independently of the App. Where the App captures metadata corresponding to such conditions, that capture is operational evidence; it does not enforce the conditions against any third party.
A10.4. In the event of a suspected cultural-property incident, looted-art claim, restitution panel investigation, customs hold, sanctions hit or anti-money-laundering investigation, the Subscribing Customer is solely responsible for the investigation, response, escalation and cooperation with the competent cultural-property authority, customs authority, financial-intelligence unit, court or restitution panel.
A11
PERSONAL DATA OF REGISTRARS, HANDLERS, COURIERS AND COUNTERPARTY REPRESENTATIVES
How worker, courier and counterparty data is treated.
A11.1. The App processes personal data of registrars, art handlers, installers, couriers, collection assistants, conservators, operations administrators, App Clip users and counterparty representatives, including names, role assignments, PINs, biometric verifications, PencilKit signatures, AVFoundation photographs, LiDAR scans, voice memos, CoreNFC scans, BLE climate-logger pairings, acknowledgements and timestamps.
A11.2. Where the App is used in the employment or freelance-engagement context, the Subscribing Customer is the controller within the meaning of Article 4(7) GDPR and is responsible for ensuring that the rules adopted under Article 88 GDPR by the relevant Member State, the rules of any applicable collective bargaining agreement, the rules of any works-council or workforce-representative consultation procedure and the rules of applicable labour law (including the French Code du travail) are observed.
A11.3. Where the App captures AVFoundation photographs that include the image of a worker, courier, conservator or counterparty representative, the Subscribing Customer is responsible for obtaining all required image-rights, name-and-likeness and confidentiality clearances independently of the App.
A11.4. Where personal data of private collectors, lenders, borrowers, consignors, buyers, advisors or beneficial owners is processed in respect of a Move, the Subscribing Customer must observe the high confidentiality expectations of the art market and the lender-confidentiality terms of any applicable loan agreement.
A12
SPECIFIC PROHIBITED USES
Concrete things you must not do with ConditionLens.
In addition to the Acceptable Use restrictions in clause 12 of the Master Terms, the Subscribing Customer and its authorised users must not:
▪ rely on the App, the Apple Watch surface, any APNs notification, any ActivityKit Live Activity, any ClockKit complication, any CoreNFC scan match or any BLE climate-logger reading as a 911 / 999 / 112 / locally applicable emergency-services call, a fire alarm, a smoke / gas / evacuation alarm, a fine-art-warehouse refrigeration-plant alarm, a fine-art-truck climate-failure alarm, a calibrated temperature / humidity / shock instrument, a conservation authority, an attribution / authentication / valuation authority, a customs alert, a sanctions alert, a restitution alert or a museum-acquisition authority;
▪ connect the App, its outputs or its data to any climate-control system, refrigeration plant, fine-art-truck telematics, alarm panel, access-control system, building-management system, museum collection-management system (TMS, MuseumPlus, KE-EMu and equivalents), insurance underwriting system, customs system or anti-money-laundering system, except via interfaces that we expressly authorise in writing;
▪ represent or imply that the App, the Apple Watch surface or any Pack is a provenance certification, a title clearance, an attribution, authentication, dating or valuation determination, an Art Loss Register / Interpol Stolen Works of Art / FBI National Stolen Art File search, a Washington Principles / Terezín Declaration finding, a UNESCO 1970 / UNIDROIT 1995 / EU 2019/880 import clearance, a CITES permit, a French Code du patrimoine / Italian Codice dei beni culturali export licence, an ICOM / AAM / AAMD endorsement, a fine art insurance underwriting or claims-settlement decision, an Art Basel / Frieze / TEFAF accreditation, a Christie's / Sotheby's / Phillips / Bonhams catalogue entry, a Metropolitan Museum / MoMA / Tate / Louvre / Prado / Hermitage acquisition or de-accession authority, or a regulatory submission to any cultural ministry, customs authority, financial-intelligence unit, sanctions authority or anti-money-laundering authority;
▪ use the App for covert monitoring of registrars, handlers, installers, couriers, conservators or any other person, or describe the App to any such person as anything other than an operational condition-evidence, chain-of-custody, climate-logging and damage-defence tool;
▪ use the App to build, train, fine-tune or evaluate any machine-learning model, attribution model, authentication model, valuation model, provenance model, restitution model, behavioural-profiling system or counterparty-risk score, or to share Subscriber Data with any third-party AI provider for that purpose;
▪ enter false Condition Report, Condition-Map, packing, transport, dock-receipt, install, de-install, Evidence-Lock, CoreNFC scan, BLE climate-logger, AVFoundation photograph, LiDAR scan or Speech-framework voice-memo data into the App;
▪ fabricate, alter or backdate Face ID acknowledgements, PencilKit signatures, Apple Watch Evidence-Lock signatures, AVFoundation photographs, LiDAR scans, BLE climate-logger records, Pack contents, Counterparty Portal entries, App Clip session entries or audit-log entries;
▪ forge, replay, share with unauthorised parties or otherwise abuse a Counterparty Portal signed URL, an App Clip session token, a CoreNFC crate token or a signed Pack export — including by sharing a Lender Institution Pack with a competing borrower, sharing an Auction House Specialist Pack with a competing house, sharing a Private Collector / Family-Office Pack outside the contracted advisor, or sharing a Conservation Studio Pack outside the contracted studio;
▪ use the App to present an AVFoundation photograph, LiDAR scan, PencilKit signature, Face ID acknowledgement, Apple Watch Evidence-Lock signature, CoreNFC scan or Pack as a Qualified or Advanced Electronic Signature under Regulation (EU) 910/2014 (eIDAS), as a notarised or legally formed contract, as an attribution, authentication, dating or valuation determination, as a customs clearance, as a CITES permit or as a regulatory submission;
▪ represent or imply that ML Consulting, the App or any Pack is endorsed, certified, approved, audited, sponsored or warranted by Apple, by any museum (Metropolitan Museum of Art, MoMA, Tate, Louvre, Prado, Hermitage, National Gallery London / Washington, Rijksmuseum, Uffizi, Art Institute of Chicago, Getty, Guggenheim, Centre Pompidou, V&A, British Museum, Smithsonian, Pinakothek, Reina Sofía and equivalents), by any auction house (Christie's, Sotheby's, Phillips, Bonhams, Heritage Auctions, Dorotheum and equivalents), by any art fair (Art Basel, Frieze, TEFAF Maastricht, FIAC, Armory Show and equivalents), by any fine art insurer (AXA Art, Hiscox Fine Art, Chubb Fine Art, Allianz Fine Art and equivalents), by any conservation body (ICOM-CC, AIC, ECCO, IIC, ICCROM and equivalents) or by any restitution panel — except to the extent that any such endorsement is expressly published in writing by the relevant body;
▪ use the App as a substitute for any required customs declaration, CITES permit, cultural-property export licence, UNESCO 1970 / UNIDROIT 1995 / EU 2019/880 import notification, anti-money-laundering customer due diligence, sanctions screening, ultimate-beneficial-ownership identification, restitution diligence, provenance research, title clearance, attribution / authentication / valuation engagement, conservation assessment, loan agreement, indemnification undertaking or insurance documentation;
▪ use the App in any manner inconsistent with the Apple Standard EULA, the Apple Developer Program Agreement or the App Store Review Guidelines.
A13
PLANS, BILLING AND LIABILITY
Commercial structure and the liability cap.
A13.1. Plans. ConditionLens is offered under the following Plans, each governed by an Order Form executed between ML Consulting and the Subscribing Customer:
▪ Pilot — EUR 15,000 fixed, single high-value loan, installation or other high-stakes Move, design-partner engagement;
▪ Premium Move Pro — EUR 18,000 per Move;
▪ Multi-Move Gallery Pro — EUR 60,000 per year for a gallery or private collection;
▪ Major Museum / Institution — EUR 120,000 per year for a single museum or institutional collection;
▪ Enterprise Art Logistics — EUR 240,000 per year for a Crozier / ARTA / IFAC / Momart-class fine art logistics operator, with SSO and data-residency commitments as specified in the Order Form;
▪ Auction House Operator — EUR 180,000 per year for a Christie's / Sotheby's / Phillips / Bonhams-tier auction house operator;
▪ Art Fair Operator — EUR 150,000 per year for an Art Basel / Frieze / TEFAF Maastricht / FIAC / Armory Show-tier art fair operator;
▪ Fine Art Insurance Underwriter Risk Desk — EUR 60,000 per year per desk, read-only Counterparty Portal access scoped to opted-in Subscribing Customers;
▪ Lender Institution Registrar Portal — EUR 60,000 per year per institution, read-only Counterparty Portal access scoped to opted-in Subscribing Customers;
▪ Auction House Specialist Portal — EUR 48,000 per year per house, read-only Counterparty Portal access scoped to opted-in Subscribing Customers;
▪ Private Collector / Family-Office Art Advisor Portal — EUR 36,000 per year per advisor, read-only Counterparty Portal access scoped to opted-in Subscribing Customers;
▪ Conservation Studio / Custodial Auditor Portal — EUR 36,000 per year per studio, read-only Counterparty Portal access scoped to opted-in Subscribing Customers;
▪ Pre-Move Stand-by Service — EUR 18,000 retainer plus EUR 5,000 per incident, founder / partner-led operational concierge service for the pre-move window.
A13.2. Billing. All Plans are sold under the Direct Channel — Order Form plus Stripe or bank transfer. Apple In-App Purchase is not used. Subscription Fees are exclusive of VAT and other applicable taxes.
A13.3. Pre-Move Stand-by Service. Where the Subscribing Customer purchases the Pre-Move Stand-by Service, ML Consulting will, on a commercially reasonable best-efforts basis, acknowledge an opened incident via Apple Watch and dispatch a founder / partner-level operator to assist with operational coordination during the pre-move window. The service is an operational concierge — it is not, and the Subscribing Customer must not represent it as, a guaranteed response time, an emergency dispatch service, an art-rescue service, a conservation service, a customs-rescue service, a customer-due-diligence service or a substitute for the Subscribing Customer's own on-site registrar / handler / courier / conservator team or qualified public emergency services.
LIABILITY CAP — 12 MONTHS' SUBSCRIPTION FEES ONLY
To the maximum extent permitted by applicable law, the aggregate liability of ML Consulting and its directors, officers, employees, affiliates, contractors and licensors arising out of or in connection with ConditionLens — whether in contract, tort (including negligence), restitution, statute or otherwise — is limited in any twelve-month period to an amount equal to the Subscription Fees actually paid by the Subscribing Customer (the legal entity that signed the Order Form — typically a gallery, private collection, museum or other lender institution, art logistics firm, auction house operator, art fair operator, fine art insurance underwriter, private collector or family-office art advisor, or conservation studio / custodial auditor) for ConditionLens during the twelve (12) months immediately preceding the event giving rise to the claim. No fixed monetary floor applies — where no Subscription Fees have been paid in that period, the cap is zero. This clause does not apply to liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability which cannot be excluded or limited under applicable law.
Clause A13.4 is the operative liability cap for the purposes of clause 19.2 of the Master Terms.
A14
OPERATIONAL CONTACT POINTS
Where to send everything that needs to reach us.
A14.1. Support, security incidents, GDPR data-subject requests, App Store-related issues and Order Form queries for ConditionLens are received at support+conditionlens@mlconsulting.lt.
A14.2. The operator and data controller (where ML Consulting acts as controller) is ML Consulting MB, legal entity code 306991112, registered in the Republic of Lithuania. Postal correspondence may be addressed to that entity at its registered office as published on mlconsulting.lt.
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