These Terms and Conditions (“Terms”) govern your access to and use of ArtSyncy and form an agreement between you and CartMagician Pty Ltd (“ArtSyncy”, “we”, “us” or “our”).
By creating an account, purchasing a subscription or using ArtSyncy, you agree to these Terms.
1. The ArtSyncy Service
ArtSyncy is a visual production and publishing platform for art commerce.
Depending on your plan and available features, ArtSyncy may enable you to:
upload and manage artwork;
generate framed artwork visuals;
generate AI-assisted room scenes;
generate short-form videos;
create marketing and social assets;
generate augmented reality experiences;
create or manage interactive 3D assets;
generate artwork metadata and Artwork Intelligence;
manage artwork variants;
download and export assets;
connect third-party platforms; and
publish assets to supported services.
Features available to you depend on your subscription, usage allowances and the current version of the service.
2. Your Account
You must provide accurate information when creating an account.
You are responsible for:
maintaining the security of your account;
keeping your login credentials confidential;
activities performed through your account; and
promptly notifying us if you suspect unauthorised access.
You must not share access in a way that exceeds the users or usage permitted by your subscription.
3. Your Artwork Remains Yours
You retain ownership of your artwork and other original content that you upload to ArtSyncy.
Uploading artwork to ArtSyncy does not transfer ownership of that artwork to us.
You grant ArtSyncy a limited, non-exclusive licence to host, copy, process, transform, resize, analyse and transmit your content only as reasonably necessary to provide, secure, support and operate the services you request.
This licence allows ArtSyncy, for example, to place your artwork into a room scene, create a framed visual, generate a video, create AR assets, analyse artwork attributes or publish an asset to a connected platform.
The licence ends when the content is deleted from our active systems, subject to reasonable backup, security, legal and technical retention requirements.
4. Your Responsibility for Uploaded Content
You must only upload or process content that you have the legal right to use.
You represent that you own the content or have all permissions, licences and rights necessary for ArtSyncy to process it in accordance with these Terms.
You must not upload content that:
infringes copyright, trade marks or other intellectual-property rights;
violates privacy or publicity rights;
is unlawful;
contains malicious software;
is fraudulent or deceptive; or
otherwise violates our acceptable-use requirements.
You remain responsible for determining whether you have the rights necessary to commercially use content uploaded to ArtSyncy.
5. AI-Generated Content
ArtSyncy uses artificial intelligence and other automated technologies to provide some features.
AI-generated outputs may include:
room scenes;
product imagery;
video;
descriptions;
metadata;
artwork classifications;
structured artwork information; and
other generated content.
Generative AI is probabilistic.
Outputs may occasionally contain inaccuracies, unexpected elements, visual artefacts or variations from the requested result.
You are responsible for reviewing generated outputs before publishing, selling, advertising or otherwise relying upon them.
ArtSyncy does not guarantee that every generated output will be unique, accurate or suitable for every intended commercial purpose.
6. Artwork Integrity
ArtSyncy is designed to preserve the integrity and presentation of uploaded artwork when generating commercial visual assets.
However, AI-generated imagery and video can occasionally produce unintended changes, distortions or inconsistencies.
You should review generated assets before publication.
Where ArtSyncy provides regeneration, correction or alternative-generation tools, these tools are intended to help address such issues but do not guarantee perfect output in every case.
7. Artwork Intelligence
ArtSyncy may analyse artwork to create structured information and searchable attributes (“Artwork Intelligence”).
Artwork Intelligence may include information relating to:
medium;
style;
subject;
colours;
composition;
orientation;
dimensions;
framing;
visual characteristics;
descriptions;
product attributes; and
commerce-related metadata.
Some information may be inferred or generated by AI and should therefore be reviewed by you where accuracy is important.
You may edit or supplement generated information where the service permits.
8. Subscriptions
Some ArtSyncy features require a paid subscription.
Subscription pricing, included allowances and features are displayed on our pricing page or during checkout.
Unless otherwise stated, subscriptions automatically renew for the selected billing period until cancelled.
By purchasing a recurring subscription, you authorise us or our payment provider to charge the applicable subscription fee at each renewal.
9. Monthly and Annual Billing
Monthly plans are charged each month.
Annual plans are charged for the applicable annual subscription period in accordance with the price displayed when you subscribe.
An annual subscription may provide a lower effective monthly price than month-to-month billing.
Unless otherwise required by law or expressly stated at purchase, cancelling an annual plan prevents the next renewal but does not automatically create a pro-rata refund for the unused portion of the current subscription period.
10. Usage Allowances
Plans may include allowances for features such as:
active artworks;
AI room scenes;
AI video generation;
storage;
publishing;
exports; or
other processing.
The applicable allowance is shown on the pricing page or within your account.
Monthly allowances
Unless expressly stated otherwise:
Monthly generation allowances reset at the beginning of each billing cycle and do not roll over.
Unused room-scene generations, video allowances or other monthly generation allowances expire when the relevant billing cycle resets.
11. Active Artworks
An “active artwork” means an artwork currently maintained within your ArtSyncy workspace and counted toward the artwork allowance included with your plan.
Archiving, deleting or otherwise removing an artwork from active status may free capacity where supported by your plan.
Generated assets associated with an artwork may be subject to separate storage and retention rules.
12. AI Room Scene Usage
An AI room-scene generation is generally counted when ArtSyncy submits a generation request to the applicable image-generation service.
Regenerating or creating an alternative scene may consume an additional generation allowance.
Where ArtSyncy determines that a generation failed because of a technical failure within the ArtSyncy service, we may restore the applicable allowance where appropriate.
13. AI Video Usage
Video usage may be measured using generated video seconds or another allowance displayed for your plan.
For example, a five-second generation consumes approximately five seconds of video allowance and a ten-second generation consumes approximately ten seconds.
Regeneration normally constitutes a new generation and consumes the corresponding allowance unless ArtSyncy determines that the previous generation failed because of a qualifying technical issue.
14. Studio Boosts and Additional Usage
Where available, you may purchase additional usage through Studio Boosts or another add-on offered by ArtSyncy.
Studio Boosts allow you to increase selected generation allowances without changing your underlying subscription plan.
The amount, price, expiry rules and applicable services will be displayed before purchase.
Purchased add-ons do not change your base subscription unless expressly stated.
15. Reaching Your Usage Limit
When you reach a plan allowance, the affected feature may be temporarily unavailable until:
your allowance resets;
you purchase additional usage;
you upgrade your plan; or
another option displayed within ArtSyncy becomes available.
ArtSyncy will not intentionally charge for additional usage without displaying the applicable purchase or authorisation process.
16. Plan Changes
You may change your subscription where plan-management functionality is available.
An upgrade may take effect immediately, with applicable charges or credits calculated during checkout or by our billing provider.
A downgrade may take effect at the beginning of the next billing period unless otherwise stated.
If your new plan has lower limits, some artworks, assets or features may become unavailable or read-only until your usage falls within the new plan limits.
We will not intentionally delete your original artwork solely because you downgrade without providing reasonable information about the effect of the downgrade.
17. Cancellation
You may cancel your subscription through your account or using another cancellation method we make available.
Cancellation prevents future renewal charges but does not normally terminate access immediately.
Unless otherwise stated, you may continue using paid features until the end of the current paid subscription period.
Nothing in this section limits refund or cancellation rights that cannot lawfully be excluded.
18. Refunds and Consumer Rights
Except where required by law or expressly stated by ArtSyncy, subscription payments and purchased usage are generally non-refundable once the applicable service or subscription period has commenced.
However, nothing in these Terms excludes, restricts or modifies rights or remedies you may have under the Australian Consumer Law or other laws that cannot legally be excluded.
Where applicable consumer guarantees apply, you may be entitled to a remedy if those guarantees are not satisfied.
19. Pricing
Prices will be displayed before purchase.
Prices may be displayed in Australian dollars, US dollars or another supported currency.
Taxes, including GST, may be included or added depending on your location and the way prices are displayed.
We may change subscription pricing from time to time.
Changes to recurring subscription pricing will apply prospectively and we will provide notice where required.
20. Third-Party Services and Integrations
ArtSyncy may integrate with third-party services including ecommerce platforms, AI providers, storage platforms, payment processors, social networks and publishing services.
Your use of those services may also be governed by their own terms.
We are not responsible for changes made by a third-party provider that affect the availability or functionality of an integration.
We may modify or discontinue an integration where a provider changes or withdraws its API, commercial terms, functionality or access.
21. Publishing and Exporting
Where ArtSyncy allows you to publish, export or send content to another platform, you authorise us to perform the requested action on your behalf.
You remain responsible for:
reviewing content before publication;
product information;
prices;
claims;
descriptions;
intellectual-property permissions; and
compliance with the rules of the destination platform.
22. Generated Assets
Subject to these Terms, your subscription and applicable law, you may use assets generated specifically from your artwork through ArtSyncy for your commercial activities.
This may include use on:
ecommerce stores;
websites;
marketplaces;
advertising;
social media;
email marketing;
digital campaigns;
presentations; and
other promotional materials.
Your rights in AI-generated material may vary depending on applicable law and the technology used to produce it.
ArtSyncy does not guarantee that an AI-generated output itself will qualify for copyright or other intellectual-property protection in every jurisdiction.
23. ArtSyncy Intellectual Property
ArtSyncy retains ownership of the platform and its underlying technology, including its:
software;
source code;
workflows;
interfaces;
designs;
systems;
templates;
automation technology;
proprietary datasets;
documentation;
trademarks; and
branding.
Your subscription provides a right to use the service. It does not transfer ownership of the ArtSyncy platform or technology.
24. Service Changes
ArtSyncy is an evolving platform.
We may add, modify, replace or discontinue features from time to time.
We may also change third-party AI models, infrastructure or providers used to deliver particular features.
Where a change materially reduces the core functionality of a paid subscription, we will take reasonable steps to provide notice where appropriate.
25. Availability
We aim to provide a reliable service but cannot guarantee uninterrupted availability.
ArtSyncy may be temporarily unavailable because of:
maintenance;
infrastructure failures;
third-party outages;
AI-provider outages;
internet failures;
security events; or
circumstances beyond our reasonable control.
26. Fair and Acceptable Use
You must not:
use ArtSyncy for unlawful purposes;
attempt to bypass plan or usage restrictions;
interfere with the platform;
gain unauthorised access to accounts or systems;
reverse engineer the service except where permitted by law;
use automated systems to excessively access the service without permission;
upload malicious software;
abuse generation services;
resell access to ArtSyncy without authorisation; or
use ArtSyncy in a way that materially affects other customers or platform stability.
We may take reasonable steps to prevent abusive, fraudulent or excessive use.
27. Suspension
We may suspend access where reasonably necessary because of:
material breach of these Terms;
suspected fraud;
security threats;
unlawful activity;
non-payment;
misuse of the service; or
circumstances where continued access creates material risk to ArtSyncy, another user or a third party.
Where appropriate, we will provide notice and an opportunity to remedy the issue.
28. Termination
You may stop using ArtSyncy and cancel your account in accordance with these Terms.
We may terminate an account for serious or repeated breaches of these Terms, subject to applicable law.
Following termination, access to platform-hosted content and generated assets may cease.
You should maintain your own copies of important exported assets.
29. Disclaimer
ArtSyncy provides tools intended to assist with visual production, presentation and publishing.
Except for guarantees, warranties or rights that cannot legally be excluded, we do not guarantee:
that AI outputs will always be accurate;
that every generation will meet your artistic expectations;
that every integration will remain available;
that generated content will be unique;
that AI-generated material will qualify for intellectual-property protection;
particular ecommerce results;
sales increases;
conversion improvements; or
uninterrupted availability.
30. Limitation of Liability
To the maximum extent permitted by law, ArtSyncy will not be liable for indirect, incidental, special or consequential loss arising from your use of the service, including loss of profits, revenue, opportunity or data.
Where liability cannot lawfully be excluded but may be limited, our liability will be limited to the extent permitted by applicable law.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot legally be excluded or limited.
31. Indemnity
To the extent permitted by law, you agree to indemnify ArtSyncy against third-party claims, losses or reasonable costs arising from:
content you upload without the necessary rights;
your unlawful use of the service;
your material breach of these Terms; or
your infringement of another person’s intellectual-property or other legal rights.
This section does not apply to the extent a claim or loss was caused by ArtSyncy’s own unlawful conduct, negligence or breach of these Terms.
32. Privacy
Our collection and handling of personal information is governed by the ArtSyncy Privacy Policy.
33. Changes to These Terms
We may update these Terms to reflect changes to:
ArtSyncy;
our business;
pricing or plans;
technology;
third-party services; or
applicable laws.
For material changes affecting an existing paid subscription, we will provide reasonable notice where required.
Your continued use after an updated version takes effect constitutes acceptance where permitted by law.
34. Governing Law
These Terms are governed by the laws of Queensland, Australia.
The parties submit to the jurisdiction of the courts of Queensland and courts entitled to hear appeals from those courts, subject to any mandatory rights or jurisdiction available under applicable law.
35. General
If part of these Terms is found to be invalid or unenforceable, the remaining provisions continue to apply.
A failure to enforce a provision does not constitute a waiver of that provision.
You may not assign your rights under these Terms without our consent, except where applicable law provides otherwise.
We may assign or transfer our rights and obligations as part of a corporate restructure, sale, merger or transfer of the ArtSyncy business, subject to applicable law.
36. Contact
Questions regarding these Terms can be sent to:
ArtSyncy
CartMagician Pty Ltd
Email: support@cartmagician.com
Website: artsyncy.com, cartmagician.com