1.Purpose and definitions
Artosera is a trademark of Venio, a French single-shareholder simplified joint-stock company (SAS) registered with the Paris Trade and Companies Register under number 939 549 473, with its registered office at 60 rue François Ier, 75008 Paris, France. These terms of use govern access to the Artosera platform, available at app.artosera.com, and its use by any person who signs in: the gallery management software, the group console, fair mode, the vault and the offline application.
The gallery is the client that has taken out the subscription; its management means the members to whom it has entrusted that role; the user is any natural person who signs in on behalf of a gallery, whatever their status (employee, corporate officer, partner or contractor). Venio’s support access and its operations console are governed by its internal procedures and by the data processing annex, not by these terms.
These terms supplement the general terms and conditions of sale and the subscription contract entered into with the gallery, which govern the commercial relationship and prevail in the event of conflict. A user’s acceptance of these terms gives them no power to amend that subscription. Gallery websites and online shops produced with Artosera are addressed to the public and are the responsibility of the gallery that publishes them; they are not covered by these terms.
2.Acceptance and amendments
These terms are available on artosera.com in French and English. Accepting an invitation does not, by itself, constitute acceptance of these terms. The gallery that invites a user ensures that the user is aware of them.
Venio may amend these terms. Any substantial amendment is notified to the gallery and to users at least thirty days before it takes effect. Only measures strictly necessary for security or required by law may apply without this notice. A new version of these terms does not amend the contract signed by the gallery.
3.Accounts and access
An account is personal and in the user’s own name. It is created on invitation from the gallery’s management, through a signed, time-limited link. It identifies a person by their email address and a password; a second authentication factor may be required. Where the gallery has configured it, single sign-on through its identity provider (OpenID Connect) is reserved for people who are already members; password sign-in remains available.
The same person may be a member of several galleries. Each gallery alone decides the role and rights it grants to each of its members, and may change or withdraw them at any time. Venio grants no rights in the gallery’s place. The user acts within the limits of the authorisations received from their gallery.
4.Credential security
The user keeps their credentials confidential, does not share them and does not lend their account. As soon as they become aware of it, they report without delay any loss, any suspected compromise and any use they did not make, to their gallery’s management and to bonjour@artosera.com. Technical records (sessions, IP addresses, logs) constitute evidence that may be challenged by any means; the use of an account is not, by itself, sufficient to establish fault on the part of its holder.
The platform temporarily locks an account after several failed sign-in attempts and may revoke open sessions. Where the applicable security rules so require, certain sensitive actions call for a recent verification of the second factor.
5.Acceptable use
The platform is reserved for professional use, for the needs of the gallery that opened the access. It is prohibited to:
- access, or attempt to access, data, functions or galleries that the user’s rights do not cover;
- circumvent a role, module or security restriction;
- extract data in bulk other than through the exports provided by the platform;
- introduce malicious software or disrupt the operation of the service;
- test the platform’s security without Venio’s prior written consent, subject to the acts permitted by Article L. 122-6-1 of the French Intellectual Property Code, within its conditions and limits;
- assign, rent out or resell an access;
- use an API key or an agent token outside the scope and the gallery for which they were issued.
6.Uploaded content
Rights in the artworks, images, texts, contacts, sales, documents and other content entered into the platform remain with their respective holders: the gallery, the artists, the authors of the photographs or the persons concerned. No ownership right is transferred to Venio. The technical authorisations needed for the service (hosting, displaying, backing up, converting, exporting) are granted by the gallery in the subscription contract, within the limits of the rights it holds. Content is neither resold, nor used for marketing purposes, nor used to train any model.
The user uploads only the content they are authorised to upload under their gallery’s instructions, and refrains from any unlawful content. They report to their gallery any doubt about the rights attached to a reproduction of an artwork, the image of a person or a contact record.
7.Confidentiality
Purchase and sale prices, margins, contacts, documents, exports and, more generally, the non-public information the user accesses in the platform are confidential. The user views, copies and communicates them only within the limits of their authorisations and the gallery’s needs. This obligation survives the end of their access. It does not prevent what the law requires or permits, nor the obligations that otherwise bind the user to their gallery.
8.Personal data
For data entered into the platform, the gallery is the data controller and Venio the processor, within the meaning of Article 28 of the GDPR; the user processes it within the limits of their gallery’s instructions.
For the data of the user’s account, Venio is the data controller. This data comes from the invitation sent by the gallery, then from the user themselves. Venio processes it to open and manage access (performance of the contract entered into with the gallery, of which the user is a beneficiary), to secure the service and handle incidents (Venio’s legitimate interest) and to comply with its legal obligations. The data processed is the user’s identity, email address, language, hashed password, second factor, sessions, IP addresses and security logs; the email address and password are required to open the account. Its recipients are the gallery’s management, as regards its team, and IONOS SARL, which hosts the service in the European Union; no transfer outside the Union takes place. Sessions expire on sign-out or after a period of inactivity; security logs are kept for twelve months; the account is kept for as long as it has at least one access, then deleted or anonymised within 90 days of the end of its last access, except where a legal obligation or an ongoing dispute requires otherwise.
The rights of access, rectification, erasure, restriction, objection and portability may be exercised by writing to bonjour@artosera.com; a complaint may be lodged with the CNIL. The privacy policy sets out the rest.
9.Logging
Sensitive actions are logged with the identity of their author, the date and, where applicable, the IP address: sign-ins, changes to roles and rights, document views, and other actions the gallery can find in its history. These logs are accessible to the gallery’s management and are used for security, traceability and incident handling. Security logs and the log of document views are kept for twelve months; other logs follow the periods set in the data processing annex provided to the gallery.
10.Devices, fairs and offline use
The user accesses the platform from a device they keep up to date, protect with a lock and keep under their control. They inform their gallery without delay if the device is lost or stolen.
Where the gallery has enabled the offline application, an encrypted, dated copy of part of the data viewed (lists and records of artworks, artists and exhibitions) remains on the device, read-only, for no more than 72 hours; purchase prices, margins, internal notes and contacts are excluded from it. This encryption does not protect against the use of a browser left unlocked.
In fair mode, actions entered without a network connection (reservations, enquiries, sales and offers) are kept in the browser, together with the contact and transaction data they contain, until they are transmitted. They are transmitted once the network is restored, after the user’s rights have been checked; their local recording does not amount to execution. The user transmits this queue as soon as possible.
Revocation of a session, withdrawal of a right or the end of an access take effect on reconnection or at the scheduled checks; they do not instantly erase the data present on an offline device.
11.Availability and changes
Venio commits to an availability of 99.5% per month, excluding announced maintenance, under the conditions set out in the general terms and conditions of sale. Planned maintenance is announced in advance in the platform. Support is provided to the gallery, by email, on working days.
Venio develops the platform’s functions over time. A substantial reduction of a subscribed function is governed by the subscription contract, which sets the notice period and the remedies. Certain functions depend on the modules enabled by the gallery and on the user’s authorisations; a refusal may also result from a security measure or a technical unavailability, and its reason is stated where possible.
12.Intellectual property
The Artosera trademark, the software, its interfaces, its documentation, its document and website templates, and their further developments are the property of Venio or of its licensors. Acceptance of these terms entails no assignment: the user has a personal, non-exclusive and non-transferable right of use for the duration of their access. They undertake not to reproduce, decompile or derive the platform, except for the acts that Articles L. 122-6-1 et seq. of the French Intellectual Property Code permit without consent, within their conditions and limits.
The artworks, artists, galleries and prices shown for demonstration purposes are fictitious and depict neither a real artwork nor an existing person.
13.Suspension and end of access
The gallery’s management may withdraw a user’s access at any time; this withdrawal deletes neither the gallery’s documents nor the logs. Venio may suspend an account, an access or a session without delay in the event of an actual or suspected compromise, a serious breach of these terms or a legal obligation. The suspension is limited to what is necessary (a single access rather than all of them, for an account that is a member of several galleries), the gallery is informed of it with its reason where possible, the user may challenge it by writing to bonjour@artosera.com, and it is lifted as soon as its cause has ceased.
The end of the gallery’s subscription ends its users’ access, except for its management’s access to the export retrieval page. The fate of the data follows the general terms and conditions of sale: the gallery retrieves it for 90 days, after which it is deleted, backups included, subject to the statutory retention obligations incumbent on Venio. It is for the gallery to retrieve, before that date, the records it is required to keep.
14.Liability
Venio provides the platform under the contract entered into with the gallery, which sets the liability regime applicable between them. Venio is not answerable for content uploaded by users or for the gallery’s decisions regarding roles and rights; the consequences of use contrary to these terms remain with their author, without this relieving Venio of its own breaches or of its share in the damage.
The consequences of a breach by the user are assessed according to their status and the mandatory rules applicable to them; these terms impose on an employee no obligation to pay compensation that would derogate from employment law. No provision limits liability where the law prohibits such a limitation.
15.Governing law and language
These terms are reserved for professionals and for persons acting on behalf of a client gallery; they are not offered to consumers. They are governed by French law. Failing an amicable agreement, disputes fall within the jurisdiction of the competent courts in accordance with the applicable rules.
These terms are drawn up in French. This English translation is provided to make them easier to understand; in the event of a discrepancy, the French version prevails. Both versions can be consulted on artosera.com. Any question about these terms may be sent to bonjour@artosera.com.