Terms of Service

1 Purpose and definitions

These Terms of Service govern access to and use of the MycreArt workspace, available at mycreart.com.

Definitions

MycreArt: An online workspace for artistic portfolio management, enabling artists to present, manage and sell their artworks.
The Service: All features offered by MycreArt: portfolio management, public gallery, certificates of authenticity, invoicing tools, Pro Site, online sales, etc.
The Artist: Any individual or legal entity registered on MycreArt.
The Artwork: Any artistic creation uploaded by an Artist.
The Buyer: Any person wishing to acquire an Artwork from an Artist.
The Certificate: A digital document generated by the Artist using MycreArt tools, attesting to the characteristics of an Artwork under the Artist's sole responsibility.
Pro Site: The Artist's personal website, hosted and provided by MycreArt as part of the Pro plan.

Artist status

Artists who use MycreArt as part of their professional activity (author-artist, sole proprietor, company) act in a professional capacity. Consumer protection provisions (particularly the right of withdrawal) only apply to Artists who do not use the Service for professional purposes.

2 Registration and account

Free registration

Registration is open to any person of legal age. It implies acceptance of these Terms of Service.

Account security

You are responsible for keeping your credentials confidential and for all activity on your account.

Accurate information: You agree to provide accurate and up-to-date information. Any identity fraud may result in account deletion.

One account only: Each Artist may hold only one account.

3 Free and Pro plans

Free plan

Artist profile, artwork uploads, public gallery.

Pro plan — €79/year

Personal website, certificates, PDF catalogs, statistics, private viewing rooms, Stripe payments.

Renewal: The Pro subscription renews automatically. You can cancel at any time from your personal workspace.

Secure payment: Payments are processed by Stripe. MycreArt does not store any credit card data.

Founder pricing

The founder rate is offered at €59/year, guaranteed for 5 years from the date of first subscription, as long as the subscription remains active and continuous. At the end of this 5-year period, the prevailing rate applies. This offer is reserved for the first 200 valid subscriptions; cancellation does not release a new place.

Publication quotas

Each plan grants a maximum number of published artworks, as specified on the Pricing page. When the quota of the active plan is exceeded — in particular at the end of a Pro subscription that is not renewed — the excess artworks may be archived: they are no longer publicly visible but remain accessible from the Artist's personal space and are reactivated upon returning to a suitable plan. The Artist chooses which artworks remain published; failing that, the selection is automatic.

Archived artworks are retained for at least twelve (12) months from the archiving notification; beyond that, MycreArt may delete them after thirty (30) days' notice sent by email.

Artworks imported from WeoneArt are not affected by archiving. The data required for the public verification of issued certificates is retained in all circumstances.

30-day money-back guarantee

The first paid MycreArt Pro subscription may be cancelled and refunded in full upon a simple request sent within thirty (30) calendar days of payment. This commercial guarantee may be used once per Artist and does not apply to renewals.

The request is submitted from your settings (Subscription tab); the “Cancellation and refunds” page, available at the bottom of the site, details the process and the withdrawal form. This guarantee does not limit any statutory rights available to an Artist acting as a consumer.

Any full refund granted under this guarantee or a statutory withdrawal ends Pro rights. Pro features cease; artworks published beyond the Free plan quota may be archived or hidden; and no new Pro document may be created. Certificates already issued remain publicly verifiable as a rule; MycreArt nevertheless reserves the right to disable the public verification of certificates issued during the refunded period, in particular in the event of manifestly abusive use of the guarantee. Files already downloaded cannot be recovered, but keeping them does not entitle the Artist to continued Pro services. Data that is strictly necessary remains retained in accordance with legal and traceability requirements. Founder pricing is not retained for a later subscription.

Right of withdrawal (non-professional Artists only)

An Artist acting as a consumer has fourteen (14) days from subscription to exercise their right of withdrawal. Before payment, a dedicated checkbox enables them to expressly request immediate activation of MycreArt Pro, in accordance with Article L221-25 of the French Consumer Code.

The request may be sent through the “Cancellation and refund” form or by any unambiguous statement. Optional model: “I hereby give notice that I withdraw from my MycreArt Pro subscription entered into on [date], invoice [number], name and address, date and signature.”

Artists acting in a professional capacity are not entitled to the right of withdrawal.

In all cases, you may cancel your subscription at any time; it will remain active until the end of the current billing period.

4 Payments and Stripe Connect Important clause

MycreArt is a technical workspace. You are the direct seller of your artworks through your own Stripe account.

Role of MycreArt

MycreArt connects Artists and buyers. MycreArt is not a party to transactions between you and your buyers.

Technical intermediary

MycreArt acts exclusively as a technical intermediary facilitating connections. MycreArt is in no way a party to the sale contract concluded between the Artist and the Buyer. Payments are made directly to the Artist's Stripe account. MycreArt does not collect, hold or transfer any funds related to artwork sales.

Stripe Connect Standard

You create your own Stripe account and are its sole holder. MycreArt does not charge any commission (only Stripe fees apply).

Stripe fees on refunds

For any refund operation (exercise of the buyer's right of withdrawal, simultaneous sale automatically resolved by the system, mutual agreement, payment dispute), Stripe does not return the processing fees initially charged. These non-recoverable fees remain solely the responsibility of the Artist, MycreArt acting neither as a payment service provider nor as a party to the sale contract.

Stripe verification

Access to payment features is strictly conditional on the Artist's identity being verified by Stripe, in accordance with identity verification and anti-money laundering procedures. Stripe may also, at any time, require additional information or supporting documents (including a business registration number) and suspend payments or payouts until they are provided. In the event of suspension, restriction or closure of the Artist's Stripe account by Stripe, MycreArt cannot under any circumstances be held liable.

Your responsibilities as a seller

Accurate and complete description of artworks sold
Delivery within the stated timeframe
Handling returns and refunds
Tax and social security compliance (business registration or activity declaration where required, VAT, income reporting, invoicing)

Terms of sale

MycreArt provides a template for terms of sale that the Artist may adapt to their activity. This template is provided for guidance only and does not constitute legal advice. The Artist is solely responsible for their terms of sale and their compliance with applicable regulations.

Disputes and chargebacks

In the event of a payment dispute, you agree to provide the necessary evidence to Stripe and to bear the financial consequences.

MycreArt disclaims all liability for disputes relating to transactions between Artists and buyers.

The Artist agrees to indemnify MycreArt against any claim from a Buyer relating to a transaction.

5 Certificates of authenticity Important clause

MycreArt provides a tool for generating certificates of authenticity for your artworks. The certificate is issued under your sole responsibility as the author of the artwork.

By generating a certificate, you declare and warrant

That you are the author of the certified artwork
That the information on the certificate is accurate and complete (title, technique, dimensions, date of creation, etc.)
That the artwork is an original creation that does not infringe any third-party rights

MycreArt provides a technical formatting and storage tool. MycreArt does not verify the authenticity of artworks and does not guarantee the accuracy of information declared by the Artist.

The Artist agrees to indemnify MycreArt against any loss resulting from an erroneous or fraudulent certificate.

6 Invoicing tools Important clause

MycreArt provides an invoice generation tool in Factur-X format. This tool is provided as a management aid and does not constitute legal, accounting or tax advice.

Invoicing mandate

By choosing to create their invoices with MycreArt, the Artist gives MycreArt a mandate to draw up, in their name and on their behalf, the invoices, deposit invoices, corrective invoices and credit notes generated by the Service. They request and accept that these documents be issued based on the information entered in their account, including automatically according to the settings they have enabled. It is their responsibility to check the documents generated. This does not make MycreArt the seller. This option is reserved for Artists established in France who hold a SIRET number.

The Service covers the most common invoicing situations in France. Certain transactions, in particular sales to buyers established outside France or falling under specific VAT regimes, are not supported: the Service then makes a payment receipt available, and it is up to the Artist to issue, where required, the invoice their regulations call for.

An issued invoice is neither altered nor deleted; any correction is made using the methods offered by the Service or, where these do not cover the situation, by the Artist outside MycreArt.

The Artist may manage their invoicing outside MycreArt. In that case, MycreArt issues no invoice in their name. Whichever option is chosen, a payment receipt may be made available; this receipt is not a tax invoice and does not replace any invoice the Artist is required to issue.

MycreArt is not an approved platform under French e-invoicing regulations. When these obligations apply to the Artist, transmitting electronic invoices and e-reporting remain their responsibility, through the approved platform of their choice. For small businesses, including artists, issuing electronic invoices and e-reporting apply from 1 September 2027.

The Artist is solely responsible for

The accuracy of information on their invoices (mandatory mentions, VAT rates, tax identification number, etc.)
The compliance of their invoicing with applicable regulations in their country
Their tax and social security declarations and obligations
Keeping their invoices for the legally required period; they are advised to download a copy, in particular before deleting their account

MycreArt does not guarantee that the invoices generated comply with all regulations applicable to each Artist's particular situation, especially for Artists based outside France. The Artist is advised to consult an accounting professional for any questions regarding their tax obligations.

Available exports (annual summaries, CSV exports) are provided for informational purposes to assist with tracking the Artist's activity. They do not constitute certified accounting documents. The Artist remains solely responsible for maintaining their accounting records and filing their tax and social security returns, and is advised to have these reviewed by an accounting professional.

7 Intellectual property

You retain 100% of the rights to your artworks

Your rights

Uploading to MycreArt does not constitute any transfer of ownership. You remain the sole holder of your copyright.

Your ownership guarantee

By publishing an artwork, you certify that you hold all intellectual property rights to that artwork, or that you have the necessary authorisations. You indemnify MycreArt against any third-party claims in this respect.

Indemnification clause

The Artist agrees to indemnify and hold MycreArt harmless against any claim, action or proceedings brought by a third party based on an infringement of their intellectual property rights or right of publicity resulting from content published by the Artist, including legal costs and attorneys' fees.

Permission granted to MycreArt

You authorise MycreArt, on a non-exclusive and royalty-free basis, to:

Display your artworks on MycreArt and your personal website
Create thumbnails and previews
Use your artworks in promotional communications (with attribution)

This permission ends automatically when you delete your artworks.

Hosting provider status

In accordance with French Law No. 2004-575 of 21 June 2004 (LCEN), MycreArt acts as a hosting provider and does not exercise any prior editorial control over content. Its liability may only be engaged if, having been duly notified of the unlawful nature of content, it has not acted promptly to remove it or make it inaccessible.

8 Automated image analysis Your images protected

Your artworks are NEVER used to train artificial intelligence models.

Purpose of the analysis

When an artwork is uploaded, MycreArt automatically analyses its image using Google Gemini via Vertex AI. The analysis is first there to save you time: it pre-fills the artwork's details, in French and in English, with suggestions you remain free to edit. It is used to:

suggest a title, a presentation, a technique, colors and a category — in French and in English, with no translation work on your side;
assess whether the artwork is suitable for the public gallery;
detect promotional images, spam and non-artistic content;
flag potentially unlawful content;
identify and label adult or sensitive content.

Results and moderation

The result may cause an artwork to be removed from the public gallery, receive an adult-content warning or be held for review.

Automated analysis can make mistakes. It does not replace the Artist's responsibility or, where required, human review.

Image protection

The image is transmitted on a one-off basis, at upload time, solely for the purposes of the analysis. The results are used only for the Service's features and moderation. Your images are not used to train artificial intelligence models — neither by MycreArt nor by Google: under the Vertex AI service, Google contractually commits not to use the data transmitted to train its models.

Blocking third-party training bots

MycreArt prohibits third parties from using published Artworks to train artificial intelligence models. This prohibition relies on the opt-out right provided by the French Intellectual Property Code (Article L. 122-5-3) and is signalled to bots in a machine-readable format.

MycreArt signals its opposition to the main training bots and implements technical blocks on the main pages presenting Artworks. These measures may change freely and no system can stop every bot. But circumventing the blocking grants no rights: using the Artworks to train a model remains unlawful.

9 Publishing charter

This charter forms part of these Terms. It sets out the rules for the public gallery and the rules that apply across the Service.

Public gallery

The MycreArt public gallery presents works by living artists in a professional setting. It focuses on the artworks and their artistic practice.

Expected artworks

Personal and original artworks, created by the Artist or published with the necessary rights.
Finished artworks, or works presented as standalone artworks within an artistic practice.
Artworks documented with accurate information: title, technique, dimensions, year, sale status and price if the artwork is offered for sale.
Images that faithfully represent the artwork, without misleading edits regarding its nature, origin, authenticity or condition.

Content excluded from the gallery

Images generated by generative tools (Midjourney, DALL-E, Stable Diffusion, etc.). These tools may assist creation (titles, retouching, organisation), but must not generate the image itself.
Copies, reproductions, fan art, pastiches or imitations of existing artworks.
Personal images, screenshots, decorative visuals or anecdotal content without an identifiable artistic practice.
Studies, sketches or preparatory works when they are not presented as standalone artworks.
Promotional or advertising content, or content unrelated to an artistic practice.

Artist responsibility

The Artist certifies that they are the author of the published content or hold the necessary rights, authorisations and consents. They agree not to mislead visitors or buyers about the author, origin, authenticity, edition, availability, price or condition of an artwork, and to declare adult or sensitive content whenever this option is provided.

Editorial selection

MycreArt freely defines the editorial policy of its public gallery.

MycreArt may reject, unpublish or remove an artwork that no longer matches this policy. MycreArt may also temporarily or permanently remove an Artist from the public gallery.

These rules apply to all Artists, including Pro Artists. The Pro plan does not guarantee the publication of an artwork, or the listing or continued presence of an Artist in the public gallery.

When an Artist is removed from the public gallery, their profile, artworks and the link to their Pro Site are no longer visible in MycreArt's public spaces.

The Pro Site is not closed for this reason alone. It remains directly accessible at its address. The Artist is informed of the reason for the removal.

Artist's Pro Site

The Artist freely chooses the artworks and content presented on their Pro Site.

MycreArt does not apply the artistic criteria of its public gallery to the Pro Site. An artwork rejected or removed from the public gallery may therefore remain visible on the Pro Site.

The Artist remains solely responsible for the content they publish.

Content prohibited across the Service

Unlawful content or content that infringes a third party's rights, privacy or image rights.
Defamatory, hateful, violent or discriminatory content, or content that undermines public order.
Pornographic or sexually explicit content. Declared artistic nude remains permitted.
Misleading or fraudulent content, or content used in an attempted scam.
Spam, unsolicited advertising, viruses or malicious content.

Moderation

MycreArt removes prohibited content as soon as it becomes aware of it.

In the event of a serious or repeated breach, MycreArt suspends the Artist's account. Their Pro Site then becomes inaccessible.

If the breach continues or warrants permanent exclusion, MycreArt may delete the account.

Unless the law prevents it, the Artist is informed of the reason for the measure and may request a review via the contact form.

Reporting

Anyone who believes that content published on MycreArt infringes their rights or is unlawful may send a notification via our contact form. MycreArt undertakes to process all notifications as soon as possible and to inform the Artist concerned of any measures taken, in accordance with its hosting provider obligations.

10 Responsibilities and warranties

Best-efforts obligation

MycreArt undertakes to provide the Service with due diligence and in accordance with industry standards, under a best-efforts obligation.

What MycreArt does not guarantee

Permanent and uninterrupted availability of the Service
The complete absence of errors, bugs or defects
That the Service will meet all of the Artist's specific needs
The durability of stored data beyond legal retention obligations
The compliance of tools (invoicing, certificates) with each Artist's particular situation

No guarantee of commercial results

MycreArt does not guarantee the commercial success or sale of your artworks.

Backups

MycreArt performs regular backups but does not guarantee full data recovery in the event of an incident. You are responsible for keeping your original high-resolution images.

11 Limitation of liability

Cap: In the event of a breach, MycreArt's liability is limited to the amount paid for the Pro subscription during the last 12 months.

Indirect damages: MycreArt cannot be held liable for indirect damages (loss of revenue, loss of clients, reputational harm).

Force majeure: MycreArt is not liable for delays or failures resulting from circumstances beyond its control.

Tools provided: MycreArt provides technical tools (invoicing, certificates, personal website). Under no circumstances do these tools constitute legal, tax or professional advice. The Artist remains solely responsible for the use of these tools and for the compliance of their activities with applicable regulations.

Third-party services: MycreArt cannot be held liable for interruptions, modifications or discontinuations of integrated third-party services (Stripe, Bunny CDN, Google Vertex AI), nor for decisions made by these providers regarding Artists.

Payment flow technical incidents: The automatic corrective mechanisms implemented by MycreArt (Stripe authorization cancellation, automatic refund upon detected simultaneous sale, deferred payment capture) may generate non-recoverable Stripe fees. The Artist acknowledges that these fees remain at their charge.

Terms of sale template: The terms of sale template offered to Artists is provided for informational purposes. MycreArt does not guarantee its suitability for each Artist's situation and disclaims all liability in the event of a dispute relating to the Artist's terms of sale.

Scope: The above limitations and exclusions apply to the extent permitted by law. They do not apply in the event of gross negligence or willful misconduct, nor in the event of personal injury, and do not reduce the mandatory rights that an Artist acting as a consumer holds under applicable law.

12 Personal data

MycreArt processes your data in compliance with the GDPR and the French Data Protection Act.

View our Privacy Policy

Buyer data

As part of the sale and invoicing functionality, MycreArt processes certain personal data of Buyers (name, address, email) on behalf of the Artist, acting as a data processor within the meaning of the GDPR. This processing is carried out solely on the Artist's instructions and for the sole purposes of completing the sale and generating the invoice. The Artist remains the data controller with respect to their Buyers.

13 Termination

By the Artist: You can request account deletion at any time. Deletable data is deleted or anonymized within 30 days, except for the legal exceptions below.

By MycreArt: We may suspend or delete an account in the event of a breach of these Terms.

Effects: No pro rata refund is issued, except under the 30-day guarantee, a statutory right, or where termination is attributable to us.

Legal exceptions

Certain data is retained beyond account deletion in accordance with legal obligations or the evidentiary value of documents: sale data (10 years, accounting obligations), issued certificates of authenticity (durable retention, inherent to their traceability function), and subscription data (10 years). This data is anonymized where possible without compromising proof obligations.

14 Changes to these Terms

MycreArt may amend these Terms. You will be notified by email of any material change at least 30 days before it takes effect.

Continued use constitutes acceptance. If you disagree, you may terminate your account.

15 General provisions

Governing law: These Terms are governed by French law.

Mediation: In accordance with the French Consumer Code provisions on the mediation of consumer disputes, the consumer Artist may, after first contacting us and failing a satisfactory response, use a consumer mediation procedure free of charge with: CM2C — Centre de la Médiation de la Consommation de Conciliateurs de Justice, 49 rue de Ponthieu, 75008 Paris, France — Tel. +33 1 89 47 00 14 — Email: declarer-un-litige@cm2c.net — File a dispute online: cm2c.net/declarer-un-litige.php.

Jurisdiction: Failing amicable resolution, the competent courts shall be seized.

Severability: If any provision of these Terms is declared null or unenforceable, the remaining provisions shall remain in force and the affected provision shall be replaced by a valid provision as close in meaning as possible.

Entire agreement: These Terms constitute the entire agreement between the Artist and MycreArt regarding the use of the Service.

No waiver: Failure by MycreArt to exercise a right provided for herein does not constitute a waiver of that right.

Assignment: The Artist may not assign their rights and obligations hereunder without the prior written consent of MycreArt. MycreArt may freely assign the contract in the event of reorganisation, merger or transfer of business.