These Terms of Service (“Terms”) form a binding agreement between you and Artsumé (“we,” “us,” or “our”). By accessing or using our websites, apps, and services (the “Services”), you agree to these Terms.
Changes, availability, and offers
We may modify, suspend, or discontinue all or part of the Services—including features, pricing, content, availability, eligibility, and promotional or trial offerings—at any time, in our sole discretion. We may correct errors, inaccuracies, or omissions and may revoke or refuse any offer or provision of Services where permitted by law.
We may update these Terms; material changes will be notified (e.g., email or in-app). Your continued use after changes take effect constitutes acceptance.
Eligibility
You must be at least 13 years old (or the applicable age of digital consent with parental authorization in your region). You represent you can form a binding contract and will comply with these Terms and applicable laws.
Account registration & security
- Register via email/password or Single Sign-On (Google, Apple, Meta).
- You’re responsible for your credentials and all activity on your account.
- Keep information accurate. Notify us promptly of unauthorized use.
Your content & licenses
You retain ownership of content you upload or input (“User Content”). You grant Artsumé a worldwide, non-exclusive, royalty-free, transferable license to host, store, reproduce, modify, adapt, translate, and display User Content as needed to operate, secure, improve, and provide the Services, and to display any public profile you enable.
Public content may be indexed by search engines and accessed by third-party tools (including AI) beyond our control. You’re responsible for having necessary rights to your content.
Acceptable use
- No unlawful, infringing, defamatory, obscene, hateful, deceptive, or harmful content.
- No IP or privacy violations.
- No security bypassing or vulnerability probing.
- No scraping/crawling or automated access except as explicitly permitted by our documented APIs.
- No interference with the Services or abusive request rates.
- No unsolicited/harassing communications.
Third-party services
The Services interoperate with third-party products and platforms, including Google/Apple/Meta login, Google Analytics/Ads, Supabase, PostHog, and opportunity sources. Their terms and policies apply to your use of those services. We’re not responsible for third-party actions.
Opportunities & submissions
We may surface or facilitate third-party opportunities (e.g., residencies, grants, exhibitions). Unless stated otherwise, Artsumé is not a party to such offerings, does not guarantee accuracy, eligibility, acceptance, funding, or outcomes, and is not responsible for third-party decisions. You’re solely responsible for your submissions.
Beta features & changes
Experimental or beta features may be unstable, change frequently, or be withdrawn. Use at your own risk.
Fees, payments & taxes (if applicable)
Paid plans or add-ons may be offered. Prices, features, limits, and taxes may change. Unless required by law, fees are non-refundable. We may suspend/limit access for unpaid amounts. You authorize us and our payment processors to charge your selected method.
Intellectual property
Artsumé and its licensors own the Services, including software, design, trademarks, and content (excluding User Content). Except as permitted, you may not copy, modify, distribute, sell, lease, reverse engineer, or attempt to extract source code.
Feedback
If you submit feedback, ideas, or suggestions, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them without restriction or compensation.
Termination
You may stop using the Services at any time. We may suspend or terminate access (with or without notice) for violations, risk, legal exposure, or discontinuation of the Services. Sections intended to survive (e.g., IP, disclaimers, liability limits, indemnity) will continue.
Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT UNINTERRUPTED, SECURE, OR ERROR-FREE OPERATION.
Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARTSUMÉ AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND PARTNERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION. OUR TOTAL LIABILITY FOR ALL CLAIMS WILL NOT EXCEED THE GREATER OF (A) AMOUNTS YOU PAID TO ARTSUMÉ IN THE 12 MONTHS BEFORE THE CLAIM OR (B) USD $100.
Indemnification
You will defend, indemnify, and hold harmless Artsumé and its affiliates, officers, agents, and employees from claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to (a) your User Content; (b) your use/misuse of the Services; or (c) your violation of these Terms or law.
Governing law & venue
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. You and Artsumé submit to the exclusive jurisdiction of the provincial and federal courts located in Toronto, Ontario, for disputes not subject to mandatory arbitration or where arbitration is unavailable by law.
Export controls & sanctions
You must comply with applicable export control and sanctions laws. You may not use the Services if you are barred under applicable laws or appear on a restricted-parties list.
Copyright complaints
Report alleged infringement to support@artsume.com with: (1) identification of the work; (2) identification of the material; (3) contact info; (4) good-faith statement; and (5) a statement under penalty of perjury that you’re authorized.
Miscellaneous
- Entire Agreement: These Terms are the entire agreement between you and Artsumé.
- Assignment: You may not assign without our consent; we may assign.
- Severability: If any provision is unenforceable, the remainder remains effective.
- No Waiver: Failure to enforce is not a waiver.
- Force Majeure: We’re not liable for delays/failures beyond our reasonable control.
- Notices: We may send notices by email, in-app, or site posting.
Contact
Questions? Email support@artsume.com.