Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Primatura platform, including the gallery website builder, dashboard, online sales channel, and related services (collectively, "Services") provided by Primatura ("we," "us," or "our"). By creating an account or using the Services, you agree to these Terms.

1. Eligibility

You must be at least 18 years old to use Primatura. By agreeing to these Terms, you represent that you have the legal capacity to enter into a binding contract and that you are authorized to operate the gallery or artist account you register.

2. Account Registration

You agree to provide accurate, current, and complete information when creating an account. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us immediately at legal@primatura.com if you suspect unauthorized use of your account. Primatura is not liable for any loss or damage resulting from unauthorized access caused by your failure to safeguard your credentials.

Team members. Gallery and Pro plan subscribers may invite additional users to access their dashboard as team members with defined roles (Owner, Editor, or Viewer). You are solely responsible for all activity performed by team members you invite, including any content they create, modify, or delete. You are responsible for ensuring that invited team members comply with these Terms. You may revoke a team member's access at any time from your dashboard. Primatura is not liable for any loss or damage resulting from actions taken by your team members.

3. Subscription Plans and Billing

Primatura offers paid subscription plans billed monthly or annually. You authorize us to charge your payment method on a recurring basis for the plan you select. Prices are listed in USD and are subject to change with reasonable advance notice. Failure to pay may result in suspension or termination of your account.

We offer a free trial period on new accounts. At the end of the trial, your account will be automatically charged unless you cancel before the trial expires.

In addition to your subscription fee, Primatura charges a 1% platform fee on sales processed through your Primatura-powered online gallery channel. This fee does not apply to in-person transactions processed through Square POS. Additional Primatura fees may apply to specific features such as Print-on-Demand services; see Section 6 for details. All platform fees are deducted at the time of transaction settlement.

Plan limits and artist/works counting. Each subscription plan includes limits on the number of artists and works you may maintain. For the purposes of calculating these limits, the following rules apply:

• Active artists count toward your plan's artist limit.
• Deactivated artists (temporarily hidden from your public site) continue to count toward your plan's artist limit. All associated works continue to count toward your plan's works limit.
• Archived artists do not count toward your plan's artist limit. Works belonging to archived artists do not count toward your plan's works limit. Archiving is a permanent, irreversible action — archived artists cannot be restored. Their historical order and sales records are preserved in full.
• If you have reached your plan's artist limit, you must either upgrade your plan or archive a departed artist to free up a slot before adding a new one.

Order history is never deleted. Deactivating or archiving an artist does not affect any sales records, invoices, or order history associated with that artist or their works. All financial records are preserved regardless of artist status.

4. Cancellation and Refunds

You may cancel your subscription at any time from your account dashboard. Cancellation takes effect at the end of the current billing period. We do not provide refunds for partial billing periods except where required by law.

Primatura does not facilitate or process refunds for artwork sales between galleries and buyers. Refund and return policies for artwork purchases are set solely by the gallery and are the gallery's responsibility to communicate and honor. If a buyer initiates a chargeback or payment dispute with their card issuer, you authorize Primatura to provide relevant transaction records to Stripe for dispute resolution purposes. Excessive chargebacks may result in suspension of your online sales channel.

5. Online Sales, Platform Fees, and Sales Tax

Primatura's online sales channel enables galleries to sell artwork directly through their gallery website, with payment processing provided by Stripe. By enabling online sales, you agree to Stripe's Connected Account Agreement and all applicable Stripe terms.

Primatura uses Stripe Tax to calculate and collect applicable sales tax on transactions processed through the online channel. Tax rates are determined automatically based on the buyer's shipping or billing address and the gallery's tax nexus configuration. You are solely responsible for ensuring your tax settings, nexus registrations, and any required state or local sales tax permits are accurate and current. Primatura does not provide tax advice, and we are not liable for any tax obligations, penalties, or assessments arising from your sales activity. We strongly recommend consulting a tax professional regarding your sales tax obligations.

Collected sales tax is remitted through Stripe's tax infrastructure. You acknowledge that tax laws vary by jurisdiction and may change, and that Primatura's automated calculations are provided as a convenience and not as a guarantee of compliance.

6. Print-on-Demand Services (Prodigi)

Primatura offers an optional Print-on-Demand ("POD") feature that allows galleries to offer printed reproductions of artwork for sale, fulfilled through our integration with Prodigi Ltd. ("Prodigi"). By enabling POD on your gallery, you agree to Prodigi's terms of service and acknowledge that print orders are fulfilled directly by Prodigi.

In addition to Prodigi's production and shipping costs (which are passed through to the buyer at the price you set), Primatura charges a 1% platform fee on the gross sale price of each POD transaction. This fee is separate from and in addition to Prodigi's own costs and Stripe's payment processing fees.

You are responsible for ensuring that you hold all necessary rights and licenses to offer printed reproductions of any artwork made available through the POD feature, including rights to reproduce, distribute, and sell prints. By listing a work for POD fulfillment, you represent that you have secured all required permissions from the artist or rights holder.

Primatura is not responsible for print quality, color accuracy, shipping timelines, lost or damaged shipments, or any other aspect of Prodigi's fulfillment operations. All claims related to print quality or fulfillment should be directed to Prodigi. Primatura's liability for POD transactions is limited to the platform fees collected by Primatura on the disputed transaction.

7. View in Room Feature

Primatura's "View in Room" feature provides a visual simulation of how an artwork may appear when displayed in a room environment. This feature is provided as a visual aid only. Colors, proportions, textures, and overall appearance of the simulated artwork may differ materially from the actual work. Primatura makes no representations or warranties regarding the accuracy of the visualization, and buyers should not rely solely on this feature when making purchasing decisions. Primatura is not liable for any dissatisfaction arising from a difference between the View in Room simulation and the actual artwork received.

8. Visitor Engagement Features (Likes and Sharing)

Primatura gallery websites include optional visitor engagement features — a "Like" button and a "Share" button — available on individual artwork pages. These features are designed to allow visitors to express appreciation for artworks and share gallery pages with others.

Like button. When a visitor clicks the Like button on an artwork page, an anonymous like count is incremented and stored in Primatura's database, associated with the artwork record. No personal information identifying the visitor is collected or stored in connection with a like. To prevent duplicate likes from the same browser, Primatura stores a small entry in the visitor's browser local storage (not a cookie) recording which works they have liked on that gallery site. This local storage entry remains on the visitor's device until cleared by the visitor and is not transmitted to Primatura's servers. Like counts are visible to gallery operators in their dashboard and may be displayed publicly on the gallery site.

Share button. When a visitor clicks the Share button, Primatura invokes the device's native share interface (on supported browsers and devices) or copies the artwork page URL to the visitor's clipboard. No data is transmitted to Primatura in connection with the share action. Primatura has no visibility into whether or how a visitor chooses to share a page.

Gallery operator responsibilities. Like counts are provided as informal engagement signals and are not guaranteed to be accurate. Primatura is not liable for any discrepancies in like counts arising from network errors, browser inconsistencies, or other technical factors. Gallery operators should not represent like counts as verified engagement metrics in marketing materials.

Visitor notice. Gallery operators who display like counts on their public gallery pages are responsible for ensuring their gallery's privacy disclosures adequately inform visitors about the use of browser local storage in connection with the Like feature, to the extent required by applicable privacy law in their jurisdiction.

9. Your Content

You retain ownership of all content you upload to Primatura, including artwork images, descriptions, and artist profiles ("Your Content"). By uploading content, you grant Primatura a non-exclusive, royalty-free license to host, display, and transmit Your Content solely to operate and improve the Services. You represent that you have all rights necessary to grant this license and that Your Content does not infringe any third-party rights.

Primatura reserves the right to remove any content that violates these Terms or applicable law, without prior notice.

10. Acceptable Use

You agree not to use Primatura to:

• Upload content that infringes intellectual property rights, is defamatory, obscene, or unlawful
• Upload, display, or distribute sexually explicit or pornographic content of any kind. Primatura is a platform for fine art galleries. Adult, explicit, or pornographic content — including nudity presented in a sexually explicit or gratuitous context — is strictly prohibited regardless of whether the content has artistic intent. Primatura reserves the right to determine, in its sole discretion, whether content crosses this line, and to remove it without notice or refund.
• Use the Services to promote, organize, recruit for, or facilitate hate groups, white supremacist or neo-Nazi organizations, or any group whose primary purpose involves hatred, discrimination, or violence toward people based on race, ethnicity, religion, national origin, gender, sexual orientation, disability, or any other protected characteristic. Content that dehumanizes individuals or groups on the basis of such characteristics, incites violence, or glorifies organizations designated as hate groups is prohibited. Accounts operating in violation of this provision will be terminated immediately without refund.
• List or sell counterfeit, stolen, or misrepresented artwork
• Distribute malware or attempt to gain unauthorized access to our systems
• Use the Services for any purpose other than operating a legitimate art gallery or artist portfolio
• Resell or sublicense the Services without our written consent
• Circumvent, disable, or interfere with any security or access control features of the platform

We reserve the right to suspend or terminate accounts that violate these rules, without refund of any prepaid subscription fees.

11. Custom Domains

If you connect a custom domain to your gallery, you are responsible for maintaining ownership and proper DNS configuration of that domain. Primatura is not responsible for domain registration, renewal, or any issues arising from lapsed domain ownership.

12. Intellectual Property

The Primatura platform, including its software, design, and branding, is owned by Primatura and protected by intellectual property law. These Terms do not grant you any rights to use our trademarks, logos, or other proprietary materials beyond what is necessary to use the Services.

13. Artificial Intelligence Features

Primatura uses artificial intelligence ("AI") technology to power certain platform features, including but not limited to:

• Artwork image analysis — automatic generation of artwork descriptions, tags, and metadata from uploaded images
• Collection descriptions — AI-assisted writing of collection page copy based on collection title and included works
• Business insights — AI-generated summaries and analysis of your gallery's traffic, sales, and performance data
• Performance trend analysis — AI-generated weekly analysis of historical platform and gallery metrics
• Social media post generation — AI-assisted creation of post copy for Facebook and Instagram

These features are powered by Anthropic's Claude AI. By using AI-powered features, you acknowledge and agree that:

• AI output is not guaranteed to be accurate. Generated descriptions, tags, insights, collection copy, and post copy are provided as suggestions only. They may contain errors, inaccuracies, omissions, or content that does not accurately represent the underlying artwork or data.
• You are responsible for reviewing all AI-generated content before publishing, sharing, or relying on it. Primatura is not liable for any consequences arising from your use or publication of AI-generated content without review. This includes any AI-generated text that appears on your public gallery website.
• You own and are liable for AI-generated content you publish. When you choose to use AI-generated text on your public gallery pages — including artwork descriptions, collection descriptions, or any other published copy — that content is your content under Section 8. You are solely responsible for its accuracy, legality, and appropriateness.
• AI-generated content does not constitute professional advice. Business insights, trend analysis, and analytics summaries are informational only and should not be relied upon as financial, legal, or business advice.
• Your content is processed by a third-party AI provider. Artwork images, descriptions, and related data submitted to AI-powered features are transmitted to and processed by Anthropic in accordance with Anthropic's usage policies and privacy practices. By using these features, you represent that you have all necessary rights to submit such content for AI processing, including any rights held by the artists whose work appears in your gallery.
• AI features may produce unexpected results. You agree not to publish or act on AI-generated content that is inaccurate, misleading, offensive, or otherwise inappropriate, and you assume full responsibility for content you choose to use.

Primatura does not use your content to train AI models. Content transmitted to Anthropic for feature processing is subject to Anthropic's data handling policies, available at anthropic.com/legal/privacy.

You may choose not to use AI-powered features. Disabling or declining to use these features will not affect your access to the rest of the platform.

14. Third-Party Services

Primatura integrates with third-party services including Stripe (payments and tax), Square (point of sale), Prodigi (print-on-demand fulfillment), Resend (email delivery), Supabase (data), and Cloudflare (infrastructure). Your use of these integrations is subject to the respective third-party terms of service. We are not responsible for the performance, availability, or terms of third-party services, and any disputes with third-party providers must be resolved directly with those providers.

Performance analytics and historical data. Primatura automatically collects and stores daily snapshots of platform-level and per-gallery performance metrics, including subscription status, catalog size, sales volume, and site traffic. This data is used to generate the business insights, trend analysis, and performance reports visible in your dashboard. Aggregated and anonymized versions of this data may also be used internally to improve the platform. This collection occurs automatically as part of the Services and does not require any action from you.

15. Square Point-of-Sale Integration

Primatura offers an optional integration with Square ("Square Integration") that allows gallery operators to synchronize artwork catalog data between Primatura and their Square account, including pushing items, prices, descriptions, and availability status. By connecting your Square account, you authorize Primatura to access and modify your Square catalog on your behalf, subject to Square's Developer Terms of Service and your Square account agreement.

Scope of catalog operations. The Square Integration may perform the following actions on your Square account: create new catalog items, update item titles, descriptions, prices, and images, update item availability and sold status, and retrieve existing catalog data for synchronization purposes. Primatura will not delete Square catalog items, process Square payments, or access Square financial data beyond what is necessary to display connection status.

You are responsible for reviewing all sync results. Any catalog push, import, or synchronization performed through Primatura should be verified directly in your Square Seller Dashboard before relying on it. Primatura does not guarantee that synced data will be free of errors, duplicates, or discrepancies. You should maintain independent records of your catalog data and Square inventory.

Primatura is not liable for catalog errors or data corruption. To the maximum extent permitted by law, Primatura shall not be liable for any loss, damage, or adverse consequence arising from the Square Integration, including but not limited to: incorrect prices pushed to Square, duplicate catalog items created, items incorrectly marked as sold or unavailable, catalog data overwritten or corrupted, sales completed at incorrect prices, or loss of Square catalog data. If a sync error results in a sale at an incorrect price, that transaction is solely between you and your buyer.

Your Square account credentials and security. You are responsible for maintaining the security of your Square account and its connection to Primatura. You should disconnect the integration immediately via your Primatura dashboard if you suspect unauthorized access. Primatura stores only the minimum Square credentials necessary to operate the integration and does not share them with third parties.

Disconnection. If you disconnect your Square account, cancel your Primatura subscription, or your account is terminated, Primatura will cease making changes to your Square catalog. Data previously synced to Square will remain in your Square account and is subject to Square's own data retention policies. Primatura is not responsible for the state of your Square catalog following disconnection.

Disputes relating to your Square account, Square fees, or Square's services must be resolved directly with Square. Primatura's liability for any claim arising from the Square Integration is limited to the platform fees collected by Primatura in the 30 days preceding the claim.

16. Custom Pages and Published Content

Primatura allows gallery operators to create and publish custom pages on their gallery website, including home pages, artist pages, collection pages, exhibition pages, and any other pages supported by the platform ("Custom Pages"). Custom Pages may contain text, images, links, and other content you provide or generate using platform tools.

You are solely responsible for all content you publish. This includes content on Custom Pages, artwork descriptions, collection descriptions, exhibition text, artist bios, and any other material that appears on your public gallery website. Primatura does not review, moderate, or approve content before publication. You represent and warrant that all content you publish: (a) does not infringe any third-party intellectual property rights; (b) is not false, misleading, defamatory, or deceptive; (c) does not violate any applicable law or regulation; and (d) complies with the Acceptable Use policy in Section 9.

No liability for published content. Primatura is not liable for any claim, loss, or damage arising from content you publish on your gallery website, including claims by third parties that your content infringes their rights, is defamatory, or is otherwise unlawful. You agree to indemnify Primatura against any such claims in accordance with Section 20.

Content removal. Primatura reserves the right to remove or disable access to any published content that, in our reasonable judgment, violates these Terms or applicable law, or that we are required to remove by law or court order. We will endeavor to notify you before removal where practicable, except where immediate removal is required.

AI-generated page content. If you use Primatura's AI features to generate text that you then publish on Custom Pages — including collection descriptions, artwork copy, or other page content — you are responsible for reviewing that content before publishing it. Published AI-generated content is subject to all of the provisions of this section and Section 12.

17. Social Media Integration (Facebook & Instagram)

Primatura offers an optional social media integration that allows you to publish posts featuring your gallery's artwork to connected Facebook and Instagram accounts ("Social Posting"). By enabling Social Posting, you authorize Primatura to access and post to your connected accounts on your behalf, subject to Meta's Platform Terms and Community Standards.

You are solely responsible for all content published to your social media accounts through Primatura, including the selection of artworks, captions, and any other content included in automated or manual posts. Primatura provides tools to facilitate posting but does not review, approve, or editorially control the content of your posts before publication.

Primatura provides a "Sensitive Content" flag that allows you to mark individual artworks as sensitive. Works flagged as sensitive will be excluded from automated social media posts. It is your responsibility to review your artwork inventory and apply the Sensitive Content flag to any works that may violate Meta's content policies, Community Standards, or advertising guidelines, including but not limited to nudity, graphic content, or mature themes. Sexually explicit or pornographic content is prohibited on Primatura entirely (see Section 10) and may not be posted through the Social Posting feature or any other part of the platform. Primatura does not guarantee that unflagged content will comply with Meta's policies, and we are not liable for any post rejection, account restriction, account suspension, or other action taken by Meta as a result of content posted through the integration.

You acknowledge that Meta's content policies may change at any time, and that it is your ongoing responsibility to stay informed of those policies and flag your content accordingly. Primatura is not obligated to monitor, update, or enforce Meta's content standards on your behalf.

Primatura may suspend or disable the Social Posting feature for your account if we determine, in our sole discretion, that your use of the integration violates Meta's terms, these Terms, or applicable law. You agree to indemnify and hold harmless Primatura from any claims, penalties, or losses arising from content posted to your social accounts through the integration.

18. Email Marketing and Newsletter Features

Primatura offers optional email marketing features, including the ability to collect newsletter subscriber sign-ups through your gallery website and to send email campaigns to your subscriber list ("Email Marketing Features"). Use of these features is subject to this section in addition to the general Terms.

Your responsibility for subscriber consent. You are solely responsible for ensuring that every individual on your subscriber list has provided valid consent to receive marketing emails from your gallery, in compliance with all applicable laws including the CAN-SPAM Act, Canada's Anti-Spam Legislation (CASL), the General Data Protection Regulation (GDPR), and any other applicable email marketing regulations in your jurisdiction. This obligation applies regardless of whether a subscriber signed up through your Primatura gallery website or was manually added to your list by you or your staff.

Manual subscriber additions. Primatura allows gallery operators to manually add individuals to their subscriber list. By adding an individual manually, you represent and warrant that: (a) the individual has provided explicit prior consent to receive marketing emails from your gallery; (b) you have a record of that consent; and (c) the addition complies with all applicable anti-spam and data protection laws. Primatura is not responsible for verifying consent for manually added subscribers.

Unsubscribe and opt-out. You must honor all unsubscribe requests promptly. Primatura's platform records unsubscribe events and will exclude unsubscribed individuals from future campaigns sent through the platform. You may not re-add individuals who have unsubscribed without obtaining fresh explicit consent. You may not use subscriber data collected through Primatura's Email Marketing Features for any purpose other than sending marketing communications to individuals who have opted in.

Content of campaigns. You are solely responsible for the content of all email campaigns you send through the platform. Campaign content must comply with Section 9 (Acceptable Use), must not be misleading or deceptive, must include a valid postal address, and must include a clear and functional unsubscribe mechanism as required by applicable law. Primatura reserves the right to suspend your access to Email Marketing Features if we determine, in our sole discretion, that your campaigns violate these Terms or applicable law.

Email delivery and third-party providers. Email delivery is facilitated through Resend, Inc. ("Resend"). By using the Email Marketing Features, you acknowledge that your email campaigns and subscriber data are processed by Resend in accordance with Resend's terms of service and privacy policy. Primatura is not responsible for email deliverability, spam filtering decisions, bounce rates, or any other aspect of email delivery by Resend or any downstream email infrastructure provider.

Primatura is not liable for violations of email law. You agree to indemnify and hold harmless Primatura from any claims, fines, penalties, or damages arising from your use of the Email Marketing Features, including any claim that your email campaigns violated CAN-SPAM, CASL, GDPR, or other applicable law.

19. DMCA and Copyright Takedown

Primatura respects the intellectual property rights of others and expects gallery operators to do the same. If you believe that content on a Primatura-powered gallery infringes your copyright, please send a written notice to [email protected] including: (a) identification of the copyrighted work claimed to be infringed; (b) identification of the infringing material and its location on the platform; (c) your contact information; (d) a statement that you have a good faith belief the use is not authorized; and (e) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

We will respond to valid takedown notices in accordance with the Digital Millennium Copyright Act (DMCA). Repeat infringers may have their accounts terminated.

20. Disclaimer of Warranties

The Services are provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Services will be uninterrupted, error-free, secure, or meet your specific requirements. We do not warrant the accuracy of any sales tax calculations produced by the platform.

21. Limitation of Liability

To the maximum extent permitted by law, Primatura shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Services, including but not limited to lost profits, lost sales, data loss, or service interruptions, even if we have been advised of the possibility of such damages. Our total aggregate liability to you for any claim arising from or related to the Services shall not exceed the amount you paid us in the 12 months preceding the claim.

22. Indemnification

You agree to indemnify, defend, and hold harmless Primatura and its officers, directors, employees, and affiliates from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from: (a) your use of the Services; (b) Your Content; (c) your violation of these Terms; (d) any transaction between you and a buyer conducted through the platform; (e) your failure to comply with applicable tax laws; or (f) any infringement of third-party intellectual property rights arising from content you upload or works you offer for sale.

23. Force Majeure

Primatura shall not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, internet or infrastructure outages, third-party service failures, or changes in law or regulation.

24. Dispute Resolution

Before initiating any formal legal proceeding, you agree to contact us at [email protected] and provide a written description of the dispute. We will attempt in good faith to resolve the dispute informally within 30 days. If the dispute is not resolved within that period, either party may pursue available legal remedies subject to the governing law provisions below.

To the fullest extent permitted by law, you waive any right to bring claims as a plaintiff or class member in any purported class or representative action.

25. Modifications to the Services or Terms

We may update these Terms from time to time. We will notify you of material changes by email or by posting a notice in your dashboard. Continued use of the Services after changes take effect constitutes acceptance of the revised Terms. If you do not agree to a material change, your sole remedy is to cancel your account before the change takes effect.

26. Governing Law

These Terms are governed by the laws of the State of Arkansas, United States, without regard to conflict of law principles. Any disputes not resolved under Section 19 shall be resolved exclusively in the state or federal courts located in Pulaski County, Arkansas, and you consent to the personal jurisdiction of such courts.

27. Contact

Questions about these Terms? Contact us at [email protected].