Terms of Service

Open — the first bullet is not the whole picture now stock prints are live

"The gallery is the seller" is about art sales. Stock prints are different: we order them from a lab on the gallery's behalf (the stock-print block after section 8). When that section is published, add a bullet: "A gallery can have us order prints for its own stock. We order them from our lab on its behalf, and it pays us back the cost plus a flat convenience fee per order and card processing. If the lab can't make them, we refund everything."

Open — bidders in a silent auction accept something else

A bidder who registers on their phone ticks a box, but what it accepts is the gallery's own auction terms, and, if they save a card, the authorisation printed above Stripe's card form (section 5). The record kept is that consent's version and the gallery's terms version, with a time. Neither these terms nor the Privacy Policy is part of that tick, and no version of ours is recorded for a bidder. A bidder the gallery registers at its desk ticks nothing at all.

So bidders are not on the list above, and this section must not say they accepted anything of ours. Whether they should (a version of these terms stamped at registration), or whether they stay in the same unbuilt-acceptance gap as the buyer's checkout tick above, is the owner's decision. Until it is made, the paragraph about accepting "by doing the thing itself" has not been extended to bidding. Note that a winner who pays could already be read as "buying a piece" under that paragraph; whether that is intended is part of the same decision.

Quick bid (2026-10-26) deepens the gap; it does not close it. The record kept for a quick-bid bidder is the same string, c1: plus the gallery's terms version, and c1 is the version of the card consent, which a quick-bid bidder is never shown. What they are shown instead is one line under the bid button, "If you win, you agree to pay {amount}. We'll email you how." That line has no version and is recorded nowhere. So the record names a consent the bidder didn't see and says nothing of the promise they did see. The exhibit app's bid sheet (built, not yet committed) also has no tick box: it sends the acceptance itself when the bidder presses the bid button, and the gallery's auction terms sit behind a link the bidder can open. The first sentence of this block was written about a tick that the new sheet no longer shows. Whether the promise line gets its own version is part of the owner's question in section 5's block on winning bids.

Open — how specific to be about the hold, and a sold original, on each way to pay

The two subsections above stay general on purpose: "a short time", and "depending on how you pay". The hold (2026-10-24, live). Pressing Pay holds each original in the checkout for 4 minutes, a single-piece Buy now or a cart, on Stripe or PayPal. Other buyers and the desk treat it as taken for up to 6 (a 2-minute grace). Stocked prints aren't held. On Stripe we close the payment page about 30 seconds before the hold ends, which ends the whole checkout, prints included, and nothing on it can then be paid. If the closing job can't be set up, the page stays open to Stripe's own 31 minutes and the hold still lapses at 4. We can't close a PayPal page, so there the hold simply lapses, and a later approval is captured if the original is still free.

A sold original, on each way to pay. On PayPal we capture the payment ourselves and check first: a lost original stops the whole payment, nothing is taken, and the buyer pays again for the rest. An original that sells in the moment between that check and the capture is captured and refunded as on Stripe. On Stripe the money is taken on Stripe's page before we can check, so a buyer who loses the race is charged and then refunded that original's full price, and their other lines stand. With the hold, that needs a payment accepted in the second the page is closing, a hold-end job that failed, or a held original sold by a path that ignores the hold (Squarespace's sync, or a status change made when the hold couldn't be read). Never write that a card buyer is "never charged" for a lost original.

The specific version would read: "When you press Pay, the original is held for you for 4 minutes. If you pay by card, the payment page closes shortly before then. If you pay by PayPal and the original has gone by the time you approve, nothing is taken, and you are asked to pay again for the rest. If you pay by card and it goes to someone else anyway, your payment goes through and the original's full price is refunded to you automatically, so your card can briefly show the full amount." It is accurate as built. The number goes stale if the hold length changes (it was 10 minutes until 2026-10-24), and the rail wording goes stale if Stripe moves to authorise-then-capture. Against that, the payment pages already print the number: Stripe's page and PayPal's description say "This original is held for you for 4 minutes. Finish paying before then." (English only), so buyers see it outside these terms. Whether to state the length and the two rails, or stay general, is the owner's decision (owner question C of the hold hand-off, widening question 3 of the cart's). Either version should match what the patron app shows.

Since 2026-11-01 (gen2-main only, not on production), Stripe authorises and then captures. The warning above, that the rail wording "goes stale if Stripe moves to authorise-then-capture", has come true. The card is now only authorised on Stripe's page and captured after Stripe's risk check reads normal. A closed checkout's authorisation is never captured, but a lost original is still refunded on its own after the capture, so the card case above still reads true as built. Re-check the suggested wording against the code before anyone uses it. This question stays open. Facts: notes/tos-audit.md §25.

"Today, Stripe is the only way to pay" and section 2's old PayPal bullet were replaced on 2026-10-26, when the owner confirmed PayPal is live for buyers. "How a purchase works" now names both ways to pay, in general terms. This question, whether to state the hold length and how each way to pay treats a sold original, is still open.

Prints made to order can share the payment, but these terms don't yet say who sells them or what applies to them. That is the print section's made-to-order half (the block after section 8). Facts and citations: notes/tos-audit.md §17.

Open — a checkout you leave, and a total that changes

A checkout you cancel or replace (2026-10-24). The backend now closes a checkout for good when the buyer cancels on the payment page or presses Pay again, and a closed checkout can never be charged later, whatever the payment provider reports. Pressing Pay again for the same items while the first payment page is still open returns that same page, so one cart can't have two payable checkouts. A checkout that only ran out of time is not closed, and a late PayPal approval on it can still be taken. Possible wording, if the owner wants it: "If you cancel on the payment page, or start paying again, the earlier checkout is closed and can never be charged." It must not say "a checkout you leave is never charged", because one that just times out can be.

Both triggers come from the patron app (the cancel return calls releaseCheckoutHold, and Pay again sends releaseCheckoutID). Both are live (owner, 2026-10-26). Whether to promise it is the owner's call.

A total that changes. The backend can refuse a checkout whose total isn't the one the buyer was last shown, before anything is charged: "The total changed from X to Y. Nothing was charged." It does that when the patron app sends the total it showed, which is live (owner, 2026-10-26). Whether this section should promise "you are never charged a total other than the one shown" is the owner's decision.

The hold on originals once Pay is pressed is now described above ("Once you press Pay", 2026-10-24). A checkout that holds an original lives only as long as the hold, so on Stripe its page is closed for it, not left to time out. Facts: notes/tos-audit.md §18 and §20.

Open — what a buyer is told while PayPal holds their payment

PayPal is asked for immediate payment only, so it offers no eCheck or other funding that clears days later. PayPal can still hold a payment for its own review. When it does, we refuse the order instead of waiting: nothing is sold or counted down, no sale notice goes out, and any hold on an original ends. "If PayPal holds your payment" in "How a purchase works" above says that much, and no more.

Owner question: what the buyer is told about their money while PayPal holds it. The buyer screens, which haven't shipped yet, will say the gallery hasn't charged them (patron) or "You haven't been charged" (the open-call entry page). While PayPal holds a payment, the money may already have left the buyer's PayPal balance or card. PayPal holds it, the gallery hasn't received it, and it comes back as a refund if PayPal releases it. If these terms repeat "not charged", a buyer who sees money missing for days reads that promise as broken. Until the owner decides, the live text says only that the order doesn't go ahead and that released money comes back in full, and the buyer screens carry the rest. Never write "you were never charged". Facts: notes/tos-audit.md §21.

Open — what a buyer is told when their card is refused

As built (2026-11-01, gen2-main only). Every Stripe page a buyer or artist pays on takes cards only, hides Link, and asks for 3-D Secure whenever the card supports it. The card is only authorised. ArtScope then reads Stripe's risk score: on "normal" the money is taken as before; on "elevated" or "highest" the authorisation is cancelled, no money moves, and nobody takes a fee. "Highest" is refused even where the gallery's own Stripe settings let it through. A refused order is closed: nothing is sold or counted down, no sale email goes out, and any hold on an original ends. A refused entry fee leaves the entry unsubmitted, and the artist can pay again. A refused off-session auction charge sends the winner the pay link instead (below). "If your card can't be confirmed" in "How a purchase works" says only that the order doesn't go ahead and the buyer can pay another way.

Owner question: what the buyer is told about their money. The buyer screens, which haven't shipped yet, will say "Your card couldn't be confirmed, so this order wasn't placed and you weren't charged." (patron) and "You haven't been charged." (www). That is true: nothing is taken. But a cancelled authorisation can show on a statement as pending for some days, depending on the bank. Nobody has checked this for these cards. Until the screens ship, Stripe's page still sends a refused buyer to the normal success page. If these terms say "not charged", a buyer who sees a pending line reads that promise as broken. Until the owner decides, the live text stays as it is. Never write "you were never charged". Facts: notes/tos-audit.md §25.

Open — should buyers be told a gallery can end their payment to sell in person?

A gallery recording a desk sale, or marking the piece sold, of an original someone is paying for online is warned first: "A buyer is on the payment page for this original. It closes by {time}. If you sell it here, we'll stop their payment and they won't be charged." It can choose "Let them finish" or go ahead (section 10). Going ahead closes the online buyer's whole checkout, prints in a cart included, and "they won't be charged" is true as built: a closed Stripe page can't be paid, and a PayPal order approved afterwards is refused at capture. If the online payment had already gone through, nothing is stopped and the desk sale isn't recorded.

The buyer may be halfway through typing a card when the page closes. Whether these terms tell buyers this can happen is the owner's decision. If yes, add to "Once you press Pay" above: "The gallery can also end the hold early to sell the piece in person. Your payment page then closes, everything on it is cancelled, and you are not charged." If no, a buyer whose page closes mid-payment has only whatever the patron app shows. Facts: notes/tos-audit.md §20.

Open — how firmly to promise "we ship only to the address on your payment"

As built (2026-10-26, not yet in front of a buyer). The checkout asks for the country only, locks Stripe's page to it, and has PayPal take the address from the buyer's PayPal account. After payment the address is copied from Stripe or PayPal onto each made-to-order print and onto the original's shipping record. The lab is sent only that address, and a print whose payment has none is never sent (section 6). The gallery's sales centre shows the address read-only and tells the gallery: "Ship only to this address. It's the one the buyer gave when they paid. If they ask you to send it somewhere else, say no: a parcel sent elsewhere may not be covered if they dispute the payment." The patron app still shows the old street-address form until its half ships; "How a purchase works" above publishes with it, not before.

Owner question: how firmly do these terms say it? The print half is enforced by our code. The gallery half isn't: a gallery posting an original can send it anywhere, and ArtScope can only show the address and the instruction. A flat promise ("your order will only ever be sent to the address on your payment") is one we can't keep for originals. A softer version describes the rule without promising what a gallery does: "The gallery and our print lab ship only to the address on your payment, and won't send your order anywhere else, even if you ask." Until the owner decides, the live text says the address comes from the payment, that nothing in ArtScope changes it, and that the print lab ships only there, and says nothing binding about the gallery. The same choice decides whether Disputes below gains: "If you ask for a parcel to be sent somewhere else, the answer will be no."

Whatever is chosen, these terms don't say the address protects the buyer or the gallery, or that shipping to it prevents or wins a dispute. The patron line "This helps protect you and the gallery against fraud" is held back for legal and isn't used anywhere. Facts: notes/tos-audit.md §22.

Open — do these terms name the countries we ship to?

As built (2026-10-26). We ship to the United States only, for now: the owner can only take payments there. Any other country is refused before anything is charged: "We can only ship to addresses in the United States for now. Nothing was charged." The list is one setting in the product, and adding a country changes every checkout and both payment pages together.

Owner question: do these terms say "United States only"? It's true and the product says it before payment. Writing it here means a change to these terms (and possibly a version bump) whenever a country is added. Until the owner decides, the live text says "we can ship only to some countries" and leaves the list to the checkout. If yes: "For now we can ship only to addresses in the United States."

Open — do we tell bidders the lot is the original, and that prints keep selling?

As built (2026-11-01, gallery-gen2-main e965381e on gen2-main, not pushed, not on production). Only the original of a piece can be up for bids. A listing that only has prints can't be a lot. The prints of a piece whose original is up for bids, stocked or made-to-order, stay on sale while bidding is open, and after. When the auction sells the original, only the original is marked sold; the listing stays on sale while prints remain. So a bidder who wins the original may see prints of the same work go on selling after they have paid. Nothing tells a bidder that prints exist or will keep selling: the patron app's planned "+ Prints" marker shows that prints are on sale, but it says nothing about copies.

Owner question 1: should this section say so? A bidder may pay a high price thinking the original is the only copy. If it stays open, this page says nothing and neither does the patron app, so the only thing a bidder has to go on is whatever the gallery writes in its own auction terms. If yes, add after the paragraph above: "What is up for bids is the original of the piece. The gallery may sell prints or other reproductions of the same work while bidding is open and after it closes, and winning the original doesn't stop that. Anything the gallery says about editions or prints is the gallery's statement about its own sale." The last sentence leans on "How a purchase works", where the description and availability of a piece are already the gallery's.

The reserve sentence above stays true for the auction itself. What happens to the original after an unsold close is in the next block.

Open — an unsold original goes straight back on sale when the piece has prints

As built (same commit). Before this change an unsold piece always went to Not for sale and the gallery decided what next. Now, if the listing still has prints, an unsold close puts the original back on sale as an ordinary listing, at its starting bid, raised to the reserve when the reserve is higher (auction-piece-close.ts auctionUnsoldClose; plan decision 4, owner 2026-11-01). A listing with no prints still goes to Not for sale. "Unsold" covers three cases: no bids, reserve not met, and a winner who didn't pay by the deadline.

Corrected from the hand-off: the hand-off said a reserve-not-met original goes back on sale at its starting bid, below the reserve and possibly below the top bid just turned down. The committed code doesn't: the price becomes the reserve, which is above any bid that failed to meet it. So the hand-off's owner question 2 is answered in the product for the reserve case.

Still open, narrowed (owner question 2): when a winner doesn't pay by the deadline, the original goes back on sale at its starting bid or reserve, which can be well below the winning bid nobody paid. Anyone can then buy it outright, while the gallery may still be about to mark it paid offline or offer it to the next bidder. Is that intended? It is a product question first. If it stays as built, this page needs no change: "the piece is not sold" stays true of the auction, and this page doesn't describe what the gallery's listing does afterwards. Section 8 has a block on telling galleries. Facts: notes/tos-audit.md §26.

Decided — a winning quick bid is good faith (owner, 2026-11-01)

The owner's answer: bidding without a card is on good faith, and it is no great matter if a winner can't pay. The paragraph above says so. With a card up front, the authorisation is the agreement and the card is charged when bidding closes, so this section doesn't call that bid "good faith".

For the product, not this page: the exhibit app's quick-bid sheet, built but uncommitted in patron-gen2-main, says "If you win, you agree to pay {amount}. We'll email you how." "Agree to pay" reads as binding. A line that matches this section would be, for example, "If you win, we'll email you how to pay {amount}." That change is in patron-gen2-main (auction-bid-text.constant.ts and its translations). Because the line is no longer a promise, it doesn't need its own version in the bidder's record (section 3's block).

Bids in someone else's name, settled by the same answer. Anyone who knows a bidder's email address and phone number can bid on their paddle, and the owner of that address may get "you won" emails for bids they didn't place. Since a quick bid binds nobody, nothing here makes that person pay; the desk's "Second device" and Checked email marks are what a gallery has to go on. These terms stay silent on it.

Open — galleries now publish their refund policy through ArtScope

As built (2026-10-26, on gen2-main only, not on production). A gallery writes one refund policy (required) and optional terms of sale in Account settings, "Terms of sale and refunds", up to 10,000 characters each. Only an approved gallery can save one. ArtScope offers three starting templates labelled "examples to edit, not legal advice", and shows the 5% rule beside the field; a policy that seems to promise fees back gets a warning but still saves. Each change is a new numbered version that nobody can edit or delete through the app, and every version is readable by anyone at merchant-terms-policy.artscope.io/<name> and /<name>/v<N>. Every online order and paid auction lot records the policy version current when it was written; a desk sale records none. A gallery with no policy is version 0, ArtScope's standard line: "Refunds are at the gallery's discretion. Contact the gallery."

Not built: the public site at that address isn't hosted, and no buyer is shown a policy or that standard line anywhere yet (the patron checkout link is a separate hand-off, with no tick box by the owner's decision). The gallery's editor already says "Buyers who pay online get a link to your refund policy and terms of sale before they pay.", which is ahead of the product. So the live paragraph above says only what is true however a policy reaches the buyer. When the link and site ship, add: "A gallery can publish its refund policy and terms of sale through ArtScope. We show them on a page of their own and link to them before you pay. If the gallery hasn't written one, you're told: 'Refunds are at the gallery's discretion. Contact the gallery.'" Don't say a buyer was shown or agreed to a policy, and don't describe the gallery's dispute document as proof that they saw it. (The document now says the buyer was shown it only when the checkout reports that it was.)

Decided 2026-11-01: the narrow form stands. A gallery's policy can't change our rules (automatic refunds, the 5%) or the buyer's legal rights, as the paragraph above says. ArtScope sets no further floor for buyers.

Owner question, still open ("not yet, maybe"): does a gallery's refund policy apply to an auction win? Paid auction lots record a policy version, but bidders are never shown the policy, and the gallery's own auction terms (section 5) may say something different. Until it's answered, nothing here says anything about auctions, and the auction subsections stay as they are. Facts: notes/tos-audit.md §24.3.

Open — prints made to order: no gallery refund, but an automatic one when the lab fails or the payment has no address

The paragraphs above say the gallery refunds from its sales screen, for the whole price or part of it. That is true of an original and of a print from the gallery's stock. It is not true of a print made to order. A gallery still can't refund a made-to-order print line itself, in a cart or in a single-piece checkout (owner decision, 2026-10-23), so a gallery asked to refund one has no button. The gap is older than the cart, but the cart puts prints and originals in one payment, so this is where a buyer will look.

Changed 2026-10-24, live: one refund on a print now exists, and it isn't the gallery's. When the lab can't make a paid print, or cancels it, we refund the buyer automatically, on the gallery's own Stripe or PayPal account, without the gallery deciding and without a way for it to stop the refund. The buyer gets that print's price and its share of shipping, so across a whole failed order they get every print and the whole postage back. The buyer's order page says "This print couldn't be made, so you've been refunded in full, shipping included." Since 2026-10-25 (order emails, on production) the buyer is also emailed, in ArtScope's voice: "We couldn't make your print of "{title}", so we've refunded {amount} to your card.", with "Refunds usually appear on your statement within 5 to 10 business days, depending on your bank." The gallery still gets no email about it. A buyer whose whole payment was for an original that had already sold gets "Already sold: {title}", which ends "ArtScope LLC hosts this sale and refunded this payment automatically." If these terms ever mention timing, keep it to "usually": the emails estimate, they don't promise. Prints sold before this change are refunded if they fail now, but not retried, and one that failed earlier never will be.

Added 2026-10-26, not deployed: a second automatic print refund, when the payment has no shipping address. A print ships only to the address on the Stripe or PayPal payment (section 5). If a paid print's payment carries none, it isn't sent to the lab. It is checked again every hour, and 24 hours after payment it is refunded automatically, on the gallery's own Stripe or PayPal account, without the gallery deciding. The money is the same as a print the lab can't make: the buyer gets that print's price and its share of shipping back in full, the gallery gets back the print cost we never spent, and we keep our 5% (the 2026-10-08 rule, which covers refunds the gallery didn't choose to make). The processor's fee isn't returned. The buyer is emailed: "Your payment had no shipping address, and we only ship to the address on the payment, so we've refunded [amount] ...", and their print's status page says the same. The gallery's record reads "Refunded automatically: the payment had no shipping address." It is the fourth refund we make on a gallery's account without it, after the lost original, the PayPal late release and the print the lab can't make. An original the gallery ships whose payment has no address is not refunded (an open owner question, recorded in the README). If the owner says yes to owner question 3 (the print-section block after section 8), add to the suggested sentence: "The same applies if your payment carried no shipping address: we ship only to the address on your payment, so the print is refunded 24 hours after you paid.", and add the same case to "Refunds our checkout makes by itself", with the 5% kept. Facts: notes/tos-audit.md §22.

That makes "the gallery decides" above wrong as an absolute, so it now reads "except as this section says", and the sentence that we "cannot make it against them" is gone. The live text names only the sold-original refund, because whether the Terms promise buyers an automatic full refund, shipping included, on a print that can't be made is the owner's decision (owner question 3 in the print-section block after section 8). If yes, add here: "If a print made to order can't be made, we refund you its price and its share of shipping automatically, from the gallery's account. The gallery doesn't decide it." If no, the order page promises something these terms don't. Until then, "a refund can be for the whole price or for part of it" still reads as covering a print it doesn't cover.

Open — should galleries be told when a chargeback puts the piece back on sale?

Contradicted 2026-11-01, rewritten. This block used to say a PayPal reversal always put the piece back on sale, handed over or not, and offered wording to that effect. The owner replaced that decision on 2026-11-01 ("a chargeback must stay contestable on both rails"), and the wording is withdrawn: it is now false.

As built (2026-11-01, gen2-main only, not on production). On both ways to pay, a piece goes back on sale only if it is reliably still at the gallery: an original sold for shipping whose collection record is still new or ready, with no tracking number. A pickup, a stocked print, or a line with no collection record counts as already handed over and stays sold. The alert then tells the gallery to use Mark available again if it still has the piece. Made-to-order prints the lab hasn't sent are stopped; ones already with the lab or posted carry on.

The timing differs. On Stripe nothing is relisted until the dispute is lost. On PayPal the money leaves at the reversal, so an unshipped original is relisted at the reversal, while the gallery can still win. If the gallery then wins, ArtScope restores the order, the collection record it had cancelled (noted "Restored: the gallery won the chargeback, so this sale stands again."), and the piece, marked sold again only if nothing has touched it since the relist. If it was sold again, edited or changed, ArtScope leaves it, and the alert says "The piece was put back on sale when the money was taken, and ArtScope could not mark it sold again (it may have sold since). Check it in the exhibit editor, and with the buyer."

Owner question D: do these terms tell galleries when a chargeback puts a piece back on sale? A gallery that expects the piece back on sale may not relist one it still has, and one that expects nothing may be surprised to see an unshipped original listed again. If this stays open, galleries learn it only from the alert.

Owner question F: what do these terms say about a piece relisted after a PayPal chargeback that the gallery then wins? If a second buyer buys it in the meantime and the gallery then wins, the first sale stands again too, and ArtScope won't undo the second sale. Two buyers have then paid for one original, and these terms don't say what the gallery owes either of them. If this stays open, the gallery learns it only from the "won" alert and sorts it out with the two buyers itself. No wording is proposed here that decides who gets the piece. The print half of both questions waits for the print section's made-to-order half (the block after section 8). Facts: notes/tos-audit.md §25.

Open — what happens after a card's bank reports possible fraud

As built (2026-11-01, gen2-main only). When a card's bank reports a Stripe payment as possible fraud (Stripe's early fraud warning), ArtScope never refunds it (owner decision, 2026-11-01): a buyer could take the piece home, call their bank and get everything back with no chance for the gallery to contest. Instead, an original sold for shipping that hasn't shipped has its collection record put on hold, with "ON HOLD: the card's bank reported this payment as possible fraud. Don't ship it until you decide - see ArtScope's email." at the top of its notes. Paid made-to-order prints not yet sent to the lab are kept from it, and the gallery writes to support to have them sent or cancelled. Anything else counts as already handed over, and nothing on the order changes. Nothing is relisted. The gallery's alert (email and text, the same people as above) says nothing has been refunded, lists the evidence we hold, and gives two choices: refund it yourself from the Sales Center if you believe the card was stolen, or wait and contest a chargeback if one comes. An entry fee gets the same alert, and the entry is unchanged. The buyer gets nothing from ArtScope.

Owner question B: do these terms tell galleries this? The section says the gallery decides "except as this section says", and a hold ArtScope places on its own is a new exception. A gallery that skims past the email could ship anyway, or wonder why a print is late. If yes, one sentence could go under "How a refund on an artwork actually happens": "A report of possible fraud from a buyer's bank is not refunded automatically; we tell the gallery, and may hold an unshipped order until it decides." If this stays open, galleries learn it only from the alert, and this section says nothing about fraud reports. Facts: notes/tos-audit.md §25.

Open — our 5% on a chargeback

Decided for PayPal (owner, 2026-10-26). On a PayPal reversal we keep our 5%. Whether PayPal claws its partner fee back from us is PayPal's doing, and we don't compensate the gallery either way. A gallery that loses a PayPal chargeback is therefore out the sale, PayPal's dispute fee and our 5%. Not verified: whether PayPal returns its partner fee to us, or the gallery's fee to the gallery, when a reversed payment is restored on a win. Nobody has run a real dispute.

Narrowed for Stripe (2026-11-01). No code of ours returns our fee when a Stripe dispute is lost, and the owner's brief says we keep our 5% in every case, under the refund rule of 2026-10-08. What Stripe itself does with the fee on a lost dispute on a direct charge has still not been checked in a real dispute.

Owner question C: do these terms say we keep our 5% on a chargeback, on both ways to pay? A gallery that loses one is out the sale, the processor's dispute fee and our 5%, and these terms don't say so. If this stays open, this section says nothing about the 5% on a chargeback, and a gallery finds out from its statement.

Open — who is told about a refund made in the gallery's PayPal account

As built (2026-10-26). On a single-piece order, the buyer and the account holder get the same emails as for a refund made in the Stripe dashboard. On a cart checkout, the gallery gets one alert, by email and text, and the buyer gets nothing from ArtScope. On an entry fee, nobody is alerted, because the gallery made the refund. The owner's summary said "buyer and account holder emailed", which is true of single-piece orders only.

Owner question: do these terms say who is told? If this stays open, they say nothing about buyer emails for a PayPal refund, and must not promise one. A buyer gets no email from ArtScope about a reversal, a dispute or a fraud report either.

Open — our 5% on a payment that should not have been taken

The rule above keeps our commission on every refund, and nothing in the product returns it on these stray auction payments either. That means a gallery pays our fee on money our own checkout accepted for a piece the payer could not have had — a refund the gallery did not cause. Whether these are an exception is the owner's decision. If they are not, this section should say so in as many words; if they are, the code has to change first.

Owner, 2026-11-01, on this and the failed print below: "you can't auction prints like that. i will fix the code." So the code is due to change; this page says nothing about either case until it has, and is then written from the new code. Which way the change goes (our 5% returned, or the case made impossible) isn't recorded here.

Closed 2026-10-24: a second case, the checkout race. When two buyers pay for the same original, the one who loses is refunded that original's full price automatically, with our fee kept (refund_application_fee: false; no platform_fees returned on PayPal), on the cart and on single-piece Buy now alike. The owner decided that the 2026-10-08 rule covers it, by name, and that we may give our 5% back case by case, never as a promise. That is now live text: "Refunds our checkout makes by itself" above, written outside the "before you refund" box so a gallery can't read it as being only about refunds it makes. The processing-fee sentence in the box now names PayPal as well as Stripe.

What's left of the race, now that Pay holds the original for 4 minutes on both checkouts: a Stripe payment accepted in the second its page is being closed; a hold-end job that failed, leaving the Stripe page open; and a held original sold by a path that ignores the hold, such as the gallery's Squarespace sync, while the buyer's page completes anyway. The older Buy now checkout, which took no hold, is no longer a cause now that its hold is live. A desk sale no longer triggers it: the desk is warned, and going ahead closes the online buyer's checkout first (section 10). Some of the remaining causes are on our side and some on the gallery's; the decided rule doesn't distinguish them. Whether section 8 should warn galleries that a sale through a channel like Squarespace can trigger such a refund is still the owner's call. Not drafted.

A third case, a print our lab couldn't make (2026-10-24). When a paid made-to-order print fails at the lab or the lab cancels it, we refund the buyer in full, shipping included, from the gallery's account (the slate block on made-to-order prints above). We give the gallery back the print cost that came out of its payout for the lab, because we never paid the lab. We keep our 5% on the line, and the processor's own fee isn't returned. So on a print nobody made, the gallery is out our 5% of its price plus the processing fee, for a failure on our side of the sale that it didn't cause.

Same question again, not resolved here (owner question 1 in the print-section block): does a failure on our side count as an exception to the every-refund rule? The code keeps the 5% today, under the 2026-10-08 rule. The owner's answer on the checkout race (above) was given for a lost original only, and "Refunds our checkout makes by itself" is worded for that case alone, so it doesn't settle this one. If that stays, the print section should say so in as many words, or a gallery finds the 5% gone on its statement for a print nobody made. If it is an exception, the code has to change first. The print cost given back belongs in the print section and its row in section 11, not in "what happens to our 5%" above.

Decided 2026-10-26, a fourth case: a payment PayPal held, then released. We refund it in full on the gallery's account and keep our 5%. PayPal's fee isn't returned (owner decision). That is live text under "Refunds our checkout makes by itself" above, in its own paragraph, so the discretion sentence there still covers the lost original only. It doesn't settle the stray-auction case at the top of this block or the failed print, which stay open.

Open — refunds on prints a gallery orders for its own stock

This section covers art sales and exhibit publishing only. In a stock print order we order prints from our lab on the gallery's behalf, and that needs its own paragraph here once the print section is published. Drafted from the code: "A stock print order cannot be cancelled once paid. If the lab can't make it, we refund it in full automatically, including our convenience fee and card processing. Unlike the rule above, we return our share, because the gallery paid for prints it will never get."

It should also say, as the owner decided on 2026-10-21: "A stock parcel that arrives damaged, with the wrong prints, or not at all is the gallery's to deal with. We do not refund, reprint or replace it."

Decided — no duty about team members' agreement to texts (owner, 2026-11-01)

The gallery owner types in each team member's email and phone and switches their alerts on; colleagues never sign in. Turning texts on for a colleague shows "Turning texts on confirms this person agreed to receive sale and print order alerts from ArtScope at {phone}." The owner decided not to make that a duty in these terms ("these are busy people"), so the paragraph below is unchanged. What follows: the screen line is the only record, and a colleague who complains about texts has a complaint against us, the sender. The text-message rules for that are the Privacy Policy's and the SMS provider's, not this page's. Facts: notes/tos-audit.md §24.6.

Open — must a gallery ship only to the address on the payment?

As built (2026-10-26, not deployed). For an original the gallery ships, the address now comes only from the buyer's Stripe or PayPal payment (section 5). The sales centre shows it read-only, with no field to edit it, and tells the gallery: "Ship only to this address. It's the one the buyer gave when they paid. If they ask you to send it somewhere else, say no: a parcel sent elsewhere may not be covered if they dispute the payment." The owner's reason: PayPal's seller protection covers a shipped item only if it went to the address on the PayPal transaction, and a Stripe "never arrived" dispute is answered with the payment's address and tracking. ArtScope can't enforce it: the gallery posts the parcel.

Owner question: should these terms oblige galleries to ship only to the payment's address and refuse redirects? The gallerist reviewer suggests it. It would be a new obligation in this section: a gallery that broke it would be in breach of these terms, not just unprotected in a dispute, and we would need to decide whether we act on that (section 17). It is also substance for the version question. If yes, add to the list above: "if you ship a piece, you will send it only to the address on the buyer's payment, as your sales screen shows it, and not to any other address the buyer gives you." If this stays open, this section says nothing new and the instruction lives only on the sales-centre screen. Either way, nothing here says what shipping to that address does in a dispute. Facts: notes/tos-audit.md §22.

Owner, 2026-11-01, not yet an answer: "maybe we can make this a rule for first time buyers", and, on the gallery's own prints, a worry that someone sharing the gallery's login could have a stock order sent to their own address. That second case is different: a stock order goes to whatever address the gallery types, and section 7 already makes everything done with the shared login the gallery's. A "first-time buyers only" rule or a fixed address for stock orders would each be a product change first. Still open.

Open — card payments our check refuses on your own Stripe account

As built (2026-11-01, gen2-main only). Every card payment a buyer or artist makes on a gallery's Stripe account is authorised first, and ArtScope cancels it if Stripe's risk score is "elevated" or "highest". That includes payments the gallery's own Stripe settings would have accepted, so the rule is stricter than the gallery's settings, on the gallery's own account, and the gallery can't change it. The gallery loses that sale and gets no alert about it; the buyer is told only that the card couldn't be confirmed (section 5).

Owner question E: do these terms tell galleries that we refuse payments our risk rule doesn't accept, even where their own Stripe settings would allow them? A gallery loses a sale it may have wanted, through a rule it can't change. A precise sentence (which scores, which pages) is one more thing to keep in step with the product. If this stays open, these terms say nothing, and a gallery sees only that a buyer said their card didn't work. Made-to-order prints kept from the lab after a fraud report (section 6) also delay a buyer's print; that waits for the print section's made-to-order half. Facts: notes/tos-audit.md §25.

Open — a sale on the gallery's own store, and a count our sync gets wrong

As built (on production since 2026-10-22, for accounts in the integrations beta group only). A sale on the gallery's own store creates no ArtScope order and no fee, and the sync never writes ArtScope's sales figures. Orders are not read, though the permission is asked for.

Owner question T1: do these terms promise no commission on a sale made on the gallery's own store? True today; written here it becomes a promise, and changing it later would be substance. If this stays open, the terms say nothing, and a gallery can't tell from them whether connecting its store costs anything (section 10 covers desk sales, not store sales).

Owner question T2: who carries the loss when the sync itself gets a count wrong? A double sale inside the 20 minutes is expected and is the gallery's, as the live text says. A fault in our code that writes a wrong count to the store (a lost website sale, or stock sold that doesn't exist) is a different case. Options: rely on section 18's "as is" and the section 19 cap, or add a line such as "Check your store; we are not responsible for counts we change on it." If this stays open, the general disclaimers are all there is. Facts: notes/tos-audit.md §24.4.

Open — what a gallery promises about the refund policy it publishes

When the gallery refund policy ships (section 6's block), this list needs a bullet, drafted from the product and not yet the owner's: "the refund policy and terms of sale you publish through ArtScope are yours, are accurate and lawful where you sell, and are what you will honour. They can't change these terms, so don't write that our commission is refunded. The examples we offer to start from are examples, not legal advice." That is a new duty on galleries, so it is substance and the owner's to adopt. It also needs saying, here or in section 17, that we don't check a policy: the editor warns about text that seems to promise fees back, and saves it anyway. Facts: notes/tos-audit.md §24.3.

Open — prints sold beside an auctioned original: what a gallery confirms

As built (2026-11-01, gen2-main e965381e, not on production). Only the original can be up for bids; the gallery's editor greys out Open for Bids otherwise. Prints of the same piece keep selling while it's up for bids and after it sells, through the cart, Buy now and the desk, which shows "Original up for bids, prints on sale". Our 5% applies to those print sales exactly as to any other. Three drafts, each waiting on an owner answer:

Owner question 1 (gallery side). If the answer is yes, add to the list above: "if prints or other reproductions of a piece are, or will be, on sale while you auction its original, you say so in your auction terms or the piece's description, because bidders may assume the original is the only copy;". This keeps it a gallery duty, not a promise from us. If it stays open, these terms put no duty on the gallery.

Owner question 4: fundraiser print sales. If confirmed, extend the fair-market-value bullet to: "anything you tell bidders about fair market value, about what part of a winning bid may be tax-deductible, or about a print bought during the event being a donation, is your statement and your responsibility. A print bought during an auction is an ordinary purchase, not part of a winning bid. We do not give tax or legal advice and we do not check it;". The auction setting "Show each piece's value to bidders" is about lots only. If it stays open, the bullet covers only winning bids, and a gallery's claim that a print is tax-deductible falls under nothing specific here.

Owner question 2 (gallery side): the unsold close. With prints on the listing, an unsold original (no bids, reserve not met, or a winner who didn't pay) goes straight back on sale at its starting bid, or its reserve if that is higher (section 5 block). A gallery may not expect that, and the product's own screens should say it as much as this page. If the owner wants it here, it is a statement of how the software works, not a choice the gallery made, for example: "If a piece that also sells prints doesn't sell at auction, our software puts its original back on sale at its starting bid, or its reserve if that is higher. Change the listing in the exhibit editor if you want something else." If it stays open, these terms say nothing about it.

The first bullet of "Selling through ArtScope" (the right to sell a piece and to reproduce its image) already covers a gallery's right to sell the prints; the print-section block below carries the note for the made-to-order half. Facts: notes/tos-audit.md §26.

Open — the stock-print warranty in this section

The confirmations at the top of this section start "By listing a piece for sale". A stock print order (the block below) involves no listing, so as written they do not reach it. The draft below puts a matching confirmation in the print section instead, worded to agree with the promise the gallery ticks on screen. If the print section is folded into this one, extend the opening line to "By listing a piece for sale, or having us order prints of it for you," and keep the stock-print bullet below.

Open — prints have no section yet; stock orders drafted for it

These terms say nothing about prints. A print section belongs here, after this one. It will need two parts: made-to-order prints sold to buyers (not drafted, and not covered by this block), and the part below, prints a gallery orders from us for its own stock, which is drafted as it would read. The feature is on production (gen2-prod). Facts and citations: notes/tos-audit.md §16 and §24.1.

Prints you order for your own stock

You can have prints made of your own pieces, or of photos you upload, to keep and sell yourself. We order them on your behalf. We choose a print lab, place the order with it for you and pay it. You pay us back what the lab charged, plus our flat convenience fee and card processing. We don't sell you the prints, and we don't make them.

You pay by card (Apple Pay and Google Pay included) through a Stripe checkout on our own Stripe account, so the card payment and its receipt are ours. The lab makes the prints and sends them to the address you give, in one parcel. You don't deal with the lab; we do that for you.

The price is worked out from a fresh quote from the lab and shown, line by line, before you pay. Any figure shown while the quote loads is an estimate; the price you pay is the one on the order page when you pay. You pay in US dollars, pounds or euros, and the lines are:

• The prints, delivery and any tax: what the lab charges for making and sending the prints, including any tax it charges, passed on at cost;
• Currency conversion, only if you pay in a currency other than the one the lab bills us in: 2% of the line above, to cover changes in the exchange rate. We keep any part of it the exchange rate doesn't use;
• Convenience fee: our fee for placing the order, a flat 2.00 in the currency you pay in, once per order however many prints it has;
• Card processing: an amount that covers the card fee on our Stripe account, so that the convenience fee is what we keep.

We will not take payment for an address the lab cannot send to. If any of the prints are made in another country, the order page says that you may have to pay import charges when the parcel arrives. Import charges, duties and taxes on arrival are yours. We do not collect or pay them.

A paid order goes to the lab at once, and it cannot be cancelled.

If the lab cannot make your order, we refund all of it automatically: prints, delivery and tax, any currency conversion, our convenience fee and card processing, to the card you paid with. Drop Shipping > Orders shows the order as refunded in full. This is the one refund on which we return our share (compare section 6).

Once the lab has made and sent your order, what happens to the parcel is yours to deal with. If it arrives damaged, with the wrong prints, or not at all, we do not refund, reprint or replace it. Check the parcel when it arrives, and change the number of prints you hold on the piece to match what you received.

Before you order, you confirm for each photo: "I made this work, or its artist has agreed that I can make and sell prints of it. I'll pay the artist anything I owe them for those prints. ArtScope doesn't collect or pay royalties." That confirmation is part of these terms and counts for stock orders only. It does not let you sell made-to-order prints of the piece.

Decided 2026-11-01: the ticks should cover whoever holds the copyright. The stock promise names only the artist, and where copyright has passed to an estate or a publisher it isn't the artist's to give. The made-to-order tick already says "You own the copyright in the artwork, or whoever owns it has given you permission"; the owner wants the stock promise to match. That is a version 2 of STOCK_LICENCE_TEXT in gallery-gen2-main shared/prints/print-licence.ts (a wording change is a new version, never an edit in place), and galleries tick again before their next stock order. The quote above changes to the new text when that ships, for example: "I made this work, or the artist or whoever holds its copyright has agreed that I can make and sell prints of it. I'll pay them anything I owe them for those prints. ArtScope doesn't collect or pay royalties." Section 8's own promise ("you have the right to sell it, and to display and reproduce its image") already doesn't depend on who holds the right.

Prints you then sell through an exhibit listing are ordinary sales under sections 5 and 8, with the usual commission.

Decided by legal review: ArtScope orders the prints on the gallery's behalf; it does not sell them. The draft above is written that way. The payment is still taken on ArtScope's own Stripe account (the code), so the draft says the card payment and receipt are ours. It doesn't call the gallery merchant of record.

Decided by the owner on 2026-10-21 and drafted above: a damaged, wrong or lost parcel is the gallery's; no cancellation once paid (a cancellation window is planned, and this paragraph changes when it ships); import charges are the gallery's; the 2% currency buffer stays as built. The buffer is zero for any order charged in USD, because the lab bills us in USD, and today every gallery is in the US.

Corrected 2026-11-01: our fee is a flat convenience fee, not 2%. Since 2026-10-21 (on production) the code charges a flat 2.00 in the order's currency, once per order, in place of 2% of the print cost. The order screen calls it "Convenience fee", and now shows "Currency conversion" as its own line whenever the buffer isn't zero, so the earlier note that the screen doesn't name the buffer is out of date. This block, and the section 2, 6, 11 and 19 blocks, were changed from "2%" to match. The 2% that remains is the currency buffer only. Facts: notes/tos-audit.md §24.1.

Deferred, not decided: indemnity and our right to stop. The made-to-order licence has both; the stock promise has neither. The owner's position for this first release is that a rights complaint about a stock print is handled by hand, and that complaints and their refunds get planned after the basic flow is tested. So the stock promise stays at version 1 and this section adds no indemnity of its own. Until then, the only cover is section 19's general indemnity ("claims arising from your content"), which binds only galleries that accepted these terms.

For the made-to-order half, from the cart checkout (2026-10-23): a buyer's made-to-order prints can share one payment with originals and stocked prints from the same exhibit, on the gallery's own Stripe or PayPal account. Our platform fee on each made-to-order line is 5% of its price plus the lab's cost, so the lab cost travels inside our fee. Shipping carries no commission. A gallery can't refund a single made-to-order print line itself, in a cart or a single-piece checkout (the slate block in section 6); since 2026-10-24 the only refund on such a print is the automatic one below. The lab is never named to buyers or galleries. These are notes for whoever drafts that half from its own hand-offs, not a draft of it. Facts: notes/tos-audit.md §17.

More for the made-to-order half, from the cart checkout fixes (2026-10-24, live):

• One lab order, one postage. Every made-to-order print in one checkout, across every piece, is placed as one lab order, and the buyer pays one shipping charge for it, shown as one Shipping line. It may still arrive in more than one parcel. The order's shipping, tax and cost are split back across the print lines exactly, so each line keeps its own share and its own fee. Shipping still carries no commission.
• Each print pays for itself. A print line whose fee (our 5% plus the lab cost) would be more than its own price plus its own shipping share is refused, so a cheap print is never paid for out of the gallery's money on another piece.
• We pay for a split. If the lab won't take the order as one, or one print can't join it, that print goes as its own lab order and we pay the extra postage. The buyer and the gallery pay nothing more.
• An automatic refund when the lab fails. When a paid print fails at the lab or the lab cancels it, we refund the buyer that print's price times copies plus its share of shipping, on the gallery's own Stripe or PayPal account. The gallery doesn't decide it and can't stop it. Over a whole failed order that is every print and the whole postage. We retry an unfinished refund daily. Prints sold before this change are refunded if they fail now, but not retried, and one that failed earlier never will be. If the processor refuses the buyer's refund itself (for example because the gallery already refunded by hand), it is left for a person.
• The money. The buyer gets back everything they paid for that print, shipping included. The gallery gets back the print cost that came out of its payout for the lab, because we never paid the lab. We keep our 5% on the line (the 2026-10-08 rule). The processor's own fee isn't returned by Stripe or PayPal. So on a print nobody made, the gallery is out our 5% of its price plus the processing fee.
• When the print cost can't come back through the processor. If PayPal won't return the print cost, or Stripe refuses to give it back after the buyer is refunded, the buyer is still refunded in full, and we owe the gallery the print cost and pay it by hand. Corrected 2026-10-24 (made-to-order sales recording, pass 1): two gallery screens now say so in writing. The Sales tab: "ArtScope owes you {amount} in print costs from refunded prints and will pay it back, usually within 2 weeks and no later than 6 months. It's counted as a cost until then." Drop Shipping > Orders, per order: "ArtScope owes you {amount} for the print cost and will pay it back, usually within 2 weeks and no later than 6 months." The timeline is the owner's (2026-10-24). No payment method is promised, and the pay-back is still done by hand. When this half is drafted, write: "If the print cost can't come back to you through the payment processor, we owe it to you and will pay it back, usually within 2 weeks and no later than 6 months." Whatever these terms say has to agree with the two screens; if it can't, the screen wording changes, not just this text.
• Nothing records the pay-back. The owed amount is stored on the print line (costOwedToGalleryMinor) and nothing in the gallery or admin app clears it or marks it paid. Once we pay by hand, both screens still say "ArtScope owes you" and "will pay it back", and the Sales tab still counts it as a cost. That needs fixing in the product before this half publishes, or the screens contradict a paid debt.
• A limited-edition copy comes back. Nothing was printed, so the numbered copy returns to the edition and can be sold again.
• What each side sees. The buyer's order page: "This print couldn't be made, so you've been refunded in full, shipping included." The gallery's Drop Shipping > Orders: "Couldn't be made, buyer refunded in full on {date}". Since 2026-10-25 the buyer is emailed "We couldn't make your print ... so we've refunded" (section 6's block); the gallery still isn't. The lab is never named.
• Section 8 says galleries handle shipping ("You handle the buyer relationship: shipping…"). For a made-to-order print the lab ships and we place the order and refund failures. This half should say so, and section 8 should then point to it. Now in writing to both sides. The gallery's "Print orders" alert says "ArtScope has it made and shipped straight to them, so there's nothing you need to do." (since 2026-10-24). The buyer's order email ends "ArtScope LLC hosts this sale and has your made-to-order prints made and posted to you.", then gives the gallery's email for questions (since 2026-10-25). Owner question 4 below.
• For section 11's made-to-order row: one shipping charge per checkout, no commission on shipping, a line refused if it can't cover its own fee, and what a gallery is out on a failed print (above).

More for the made-to-order half, from the shipping-address change (2026-10-26, not deployed):

• The lab ships only to the payment's address. The buyer gives us the country only; the street address comes from the Stripe or PayPal payment and is copied onto each print after payment. The lab is sent that address and no other, and nothing lets the gallery or the buyer change it: a request by email to send a print elsewhere is answered no. Section 5 now says so in its live text. This half should say it for prints in the same words.
• A print whose payment has no address is refunded after 24 hours. It isn't sent to the lab, it is checked again every hour, and 24 hours after payment it is refunded automatically on the gallery's account, the same money as a failed print: the buyer gets price and shipping share back in full, the gallery gets the print cost back, we keep our 5%, and the processor's fee isn't returned. The buyer is emailed and their status page says "Your payment had no shipping address, so this print was refunded in full, shipping included." The 5% here is kept under the 2026-10-08 rule. If the owner's answer to open question 1 below returns the 5% on a failed print, decide this case with it. Whether buyers are promised it waits on question 3, with the failed print (wording in the section 6 block).
• Stock orders are unchanged. They still go to the address the gallery types, and the stock subsection above stays as it is.

More for the made-to-order half: limited editions, the licence tick, crops and edges (on production since 2026-10-22):

• Up to 9 print products per piece, any mix of unframed, framed and canvas, each an open edition or a limited edition of N of each size. Nothing caps the total: 9 styles of 3 sizes at "10 of each" is 270 "limited" prints of one artwork. The buyer sees only how many of one product are left, or sold out: no edition size, no total, no mention of other editions. Only the gallery is shown "Across all prints of this piece, up to N limited-edition prints can sell."
• The licence tick is per piece and per show, version 1. "That permission covers made-to-order prints in the sizes and formats you offer, sold while this show is live." Styles added after the tick sell under it with no new tick. It has an indemnity and a right for us to stop selling.
• Crops and edges. A gallery can set a crop and border, and a canvas's default edge is a mirror wrap. The tick names neither. Our server cuts the file to the crop and border before the lab gets it.
• Previews. Section 18 now says previews and option descriptions are a rough guide, matching every preview screen's "A rough guide only: real colours and textures may differ." The patron app shows no preview and no such line yet.
• Prints sell beside an auctioned original (2026-11-01, gen2-main e965381e, not on production). Only the original can be up for bids. Stocked and made-to-order prints of the piece stay on sale while it's up for bids, and after it sells. This half should say so in one line and point to section 5's auction blocks. The licence tick doesn't mention auctions. Version 1 covers prints "sold while this show is live", which includes the auction and the time after the original sells, so no new tick is needed for the gallery's own permission. Whether an artist who sent work to an auction show must be told is open (audit §26, question 3).

Owner questions from these (made-to-order-many-prints and print-option-descriptions hand-offs), not answered here: (a) who tells a buyer about an edition, and how much (some places, California among them, have fine-print disclosure rules on edition size and other editions; a lawyer should say which apply), and should this half put that on the gallery; (b) should one artwork be allowed this many separate limited editions; (c) does tick version 1 cover styles added later, or does it need a version 2 ("including sizes and formats added later"), which makes galleries tick again; (d) may a gallery crop an artist's picture or mirror its edge without the artist agreeing, and should the gallery promise it has that permission and will honour an artist's conditions (the UK and EU give artists strong rights to object); (e) is that for these terms only, or also a version 2 tick or an artist-side "no cropping" setting; (f) should mirror stay the default edge; (g) should buyers see "colours may differ" beside a preview. If these stay open, the made-to-order half says nothing about editions, crops or edges beyond section 8's general promises, and section 16's "misrepresent a piece ... or its price" is the only line that reaches a misdescribed edition. Facts: notes/tos-audit.md §24.6. The made-to-order tick already covers whoever owns the copyright ("or whoever owns it has given you permission"); only the stock promise needs that change (decided 2026-11-01, stock block above).

Questions only the owner can answer, open:

The fee on a made-to-order print, checked 2026-11-01. The owner thought it was a flat $2; that is the stock-order fee. For a buyer's made-to-order print the code takes 5% of the print's price (none on shipping) as our commission, and the lab's cost passed through in the same platform fee, because we pay the lab (gallery-gen2-main amplify/functions/shared/print-fee.ts:6-12, ART_PIECE_FEE_PERCENT at piece-checkout/checkout.ts:575). So "we take 5%" is right for prints too; what this half has to add is that the lab cost is also deducted before the gallery is paid. If the owner wants $2 here, it's a code change.

1. Do we keep our 5% on a print our own lab couldn't make? Owner, 2026-11-01: the code will change (section 6's 5% block). Until it has, these terms say nothing about the 5% on a failed print, and this half is written from the new code.
2. Answered 2026-10-24: what do these terms promise a gallery when the print cost can't come back through the processor? That we owe it and will pay it back, usually within 2 weeks and no later than 6 months, as the Sales tab and Drop Shipping > Orders already say. How we pay stays unstated. Wording is in the notes above. Still open, and not the owner's alone: the product records no pay-back (notes above).
3. Answered 2026-11-01: no promise. The owner sees the automatic refunds (a print that can't be made, one with no address) as for extreme cases. These terms don't promise buyers them; section 6 already says the gallery decides "except as this section says", and names only the sold-original and PayPal cases. The buyer's own order page and email describe a refund when one happens, and that is not contradicted by saying nothing here. The suggested sentences in the section 6 block are not to be added.
4. Once a buyer pays for a made-to-order print, does the gallery have anything to do for them? Answering questions, a damaged or lost parcel, a complaint. ArtScope's alert tells the gallery "there's nothing you need to do", and ArtScope's email tells the buyer ArtScope has the print made and posted, then sends their questions to the gallery. Section 8 still says the gallery handles shipping and "anything the buyer needs after the sale". If it stays open, a buyer with a damaged print has no stated place to go, and the terms and both emails disagree; whichever way it's answered, the terms or the email wording changes. (Made-to-order sales hand-off question 3, order-emails hand-off question 1.)

Facts and citations: notes/tos-audit.md §18.

Open — how long a published exhibit lasts

The gallery app currently tells galleries at the point of payment that an exhibit "will typically remain active for approximately 1000 views". Nothing in ArtScope counts views, expires an exhibit, or deactivates one — an exhibit stays up until somebody takes it down by hand.

Two things need settling: whether that sentence is a commitment or an estimate, and whether it stays at all. Note it is a different 1,000 from the free tier's 1,000 guest sessions in section 11, and a reader who meets both will assume they are the same number. Also unsettled: what a download allowance is sold as, and whether it is meant to stop at zero — because today it does not.

Decided — no use limit on buyer details we give galleries (owner, 2026-11-01)

This section and the last paragraph of section 7 make a gallery responsible for the buyer details it enters. The gallery's Leads > Buyers list also holds people who paid through our checkout, with the name, email and phone they gave us there, and the gallery can download it as a spreadsheet. Since 2026-10-24 that includes people who bought only made-to-order prints. Online buyers of originals were already in it. The file itself says: "Opted in = the buyer ticked 'add me to the mailing list' at checkout. Other addresses were given to complete a purchase. Don't add them to marketing email without consent." Today the patron app never sends that tick, so every online buyer reads "Opted in: No".

A warning in a file isn't an obligation. Whether these terms bind galleries to it is the owner's decision. If yes, add here: "Buyer details you get from us. Your buyer list includes people who paid through our checkout, with the details they gave us there, and you can download it. Use those details to deal with the sale. Add someone to marketing email only if they agreed to it, for example by ticking 'add me to the mailing list' at checkout. Keep any file you download secure. The Privacy Policy says what we tell buyers about this." Section 7's last paragraph would then add "and for how you use the buyer details you get from us". If no, a gallery that exports its list and emails everyone breaks nothing in these terms. Facts: notes/tos-audit.md §19.

The owner's answer: no. "We give them all that info, but they can do whatever they want; we don't have marketing tools built in yet." So the drafted paragraph above is not added, and these terms put no limit on how a gallery uses the buyer details we give it. The file's warning stays a warning. Two things follow, neither for this page: the gallery is still bound by the law on marketing email where it is, and the Privacy Policy has to tell buyers that the gallery gets their name, email and phone. Revisit if ArtScope builds marketing tools.

Open — "rounded down" doesn't match the code

The commission row says our 5% is "rounded down, never up". The code rounds to the nearest cent (Math.round in gallery-gen2-main amplify/functions/shared/platform-fee.ts:66, :76; the same on gen2-prod), so on some prices the fee rounds up by a fraction of a cent. This predates the cart. In a payment for several pieces each piece's fee is rounded on its own (shared/piece-cart.ts:229, :236), so the difference can come up once per piece. Either the row says "rounded to the nearest cent, on each piece separately", or the code changes to round down. The owner decides; the row is unchanged on that point.

Open — a row for prints you order for your own stock

When the print section is published, the table needs this row: Prints you order for your own stock / Cost + 2.00 per order + card processing / "Paid to us; we order the prints from our lab on your behalf. Cost is what the lab charges to make and send them, including tax, passed on at cost. Our convenience fee is a flat 2.00 in the currency you pay in, once per order, and card processing covers the card fee on our Stripe account. If you pay in a currency other than the lab's, a currency conversion line of 2% of the cost is added, which we keep. Refunded in full if the lab can't make the order. Not refunded if the parcel arrives damaged, wrong, or not at all. Import charges on arrival are yours."

The line above about Stripe's fees is wrong for that row: there the card fee is a line we charge, on our own account. Scope it to the other rows ("For sales and entry fees, Stripe's own processing fees…").

Open — the artist-fee decision and what was built differ

The owner's decision of 20 September 2026 was for optional drop-off and acceptance fees, with our share at $1 on a fee of $20 or less and 5% above that. What was built, and has been live since 23 September 2026, is different: an entry fee, paid to apply, at a flat 5% on both Stripe and PayPal, with no $1 rule. Drop-off and acceptance fees are still not built. The paragraphs above describe what the product does. Still open:

• The $1 / $20 rule. Is it dropped, or is it still intended? If it is intended, the code is wrong, not this page.
• Our share when the gallery refunds an entry fee. On a sale we keep it on every refund (section 6). Nothing in our code decides it for an entry fee the gallery refunds in its own Stripe or PayPal account, outside ArtScope. Until this is answered, this page says nothing about it either way. Narrowed 2026-10-26: two cases are now decided. On the refund we make ourselves when PayPal releases a payment it held, we keep our 5% (above). On a PayPal chargeback, we keep it too, and we don't compensate the gallery if PayPal claws its partner fee back from us. The page doesn't state that second one (section 6's chargeback block). Noted 2026-11-01: on a lost Stripe dispute no code of ours returns the fee, and the owner's brief says we keep it; what Stripe does on its own side is unchecked. Not verified either: whether PayPal returns any fee when a gallery wins and an entry fee goes back to paid. Nobody has run a real dispute. Still open.
• Whose no-refund rule it is. The open-call form and the Stripe checkout both tell every artist, on every paid call, that entry fees are not refunded, including if the work is not selected. ArtScope wrote that sentence, and a gallery cannot change it. Is it ArtScope's rule for every call, or should the gallery set its own?

Two questions from the earlier block are answered by the code: the artist is the gallery's customer for an entry fee (direct charge, gallery is merchant of record), and the smallest fee a gallery can set is $1, so a flat $1 share is not something that can come up.

Open — how the commission rate is stated

The 5% is real and is what the system is configured to charge. But it is a configuration value that can be changed without a code release, so nothing in the product holds the rate at 5% or gives anyone notice if it changes.

Two decisions: whether these terms should state a number at all rather than referring to a published rate, and what notice a change requires. A fee change with no notice provision is the kind of clause that gets a marketplace's terms read closely.

The same question covers the flat convenience fee on stock print orders. It is a constant in the code (STOCK_CONVENIENCE_FEE_MINOR, 2.00), so changing it takes a deploy, unlike the 5%. It still changes without notice to anyone.

Open — the no-refund sentence on the form is ArtScope's, not the gallery's

The fees paragraph above repeats what the form and the checkout say to every artist on every paid call. A gallery cannot change that sentence, so it reads as ArtScope's refund rule, while this section calls the fee the gallery's charge. Section 11's open block asks the owner which it is. This paragraph also says nothing about what happens to our share when a gallery refunds a fee, because that is not decided.

Open — the rights grant rests on a fact that stopped being true

This section used to say that nothing in ArtScope carries a submission into an exhibit, and that if that changed, the section had to change first. It did change. "Add to show" has been live since mid-September 2026: it turns accepted entries into the exhibit's pieces and copies the artist's images into the exhibit. The narrow grant above, which says applying does not let the gallery show your work, was decided on 20 September 2026 on the earlier fact.

For the owner: does applying give the gallery the right to show accepted work in the exhibit, and if so, how far (the exhibit only, or a catalogue and promotion too)? Or does showing it still need a separate agreement with the artist? If it's the second, the product makes it one click to do something the terms say needs more, and the page should at least tell galleries that. Left as it is, this section promises artists something the product doesn't hold to, and it should not publish in this state.

Open — how long an Artists-list entry is kept

The second limit above describes what the product does: a saved applicant stays on the list until the gallery deletes them. Whether that's ArtScope's position is the owner's call. The obvious answer is the Privacy Policy's rule for a gallery's artist roster, which is the life of the gallery's account and then 90 days. If that's the answer, the sentence can say so and point there. The two documents are written to agree on retention, so this needs to match the Privacy Policy's own roster hand-off.

Open — the retention rule above is the plan, and nothing deletes yet

The one-year limit and the one-week aim are the owner's decision of 20 September 2026, and they are written above as commitments. The mechanism does not exist. Nothing anywhere in ArtScope expires or deletes anything — no scheduled job, no time-to-live on any table, no sweep. A submission made today stays until somebody removes it by hand.

The intended shape is a sweep running every three or four days, deleting submissions past their date along with the images in storage, and it belongs to the open-call work that is in flight rather than to this document. Until it ships, these two paragraphs describe an intention rather than a thing that happens, which is the one kind of clause this document is written to avoid — so they should not be published in this state.

One more thing follows from it: this is the first retention period stated in either document. The Privacy Policy sets none, for any category, and the two are written to agree on retention. It needs the same line before this one is published.

Open — the licence does not cover making prints

The purposes above don't include sending a file to a print lab and having physical copies made, which is what a print order does. The server also cuts each file to the crop and border the gallery chose before sending it. Drafted once, for stock orders and made-to-order prints together, to add when the print section is published: "making physical prints of the images you choose, through our print lab and on your instruction, including cropping, bordering and sizing the file as you set it and sending it to the lab to be printed;"

Decided, to add when it ships — a gallery's published refund policy stays up

A gallery's refund policy and terms of sale (section 6's block) are its content, and once that feature ships we publish them to anyone, on a public page of their own. The purposes list above doesn't name that. Drafted, to add when it ships: "publishing the refund policy and terms of sale you write, on a public page of their own, every version of them, and linking to them from checkout;"

The harder part: a version can never be taken down. Nobody can edit or delete one through the app, and every version stays public so that an old order's link still shows what applied. The paragraph above says the licence ends when content comes down, and the Privacy Policy keeps a gallery's account data for the life of the account and 90 days.

Owner, 2026-11-01: make the terms match the product. When the feature ships, add after the paragraph above: "One exception: the refund policy and terms of sale you publish through ArtScope. Every version stays published, and the licence for it continues, even after you replace it, take it down or leave ArtScope, so that the buyers who paid while it applied can still read what applied. You can't edit or delete a version once it is published, so check it before you do." No end date is given because nothing deletes them; if a retention period is set later (seven years, with the sales records, would be the natural one), this sentence and the Privacy Policy change together. The Privacy Policy's "life of the account plus 90 days" for gallery data needs the same exception. Facts: notes/tos-audit.md §24.3.

Open — which text of the card authorisation is the agreed one

The authorisation in section 5 is the record Stripe relies on to charge a card while the bidder is not there. Today it is shown only in English. The exhibit app is planned to translate its own bidder screens by machine, and its registration screen may show the authorisation translated; that screen is not built yet.

The recommendation is to show the English beside any translation and say here that the English is what was agreed. That is the owner's decision. Left unsettled, a machine translation could be the only text a bidder saw before an off-session charge, and the sentence above about the original language governing covers exhibit text, not this.

Quick bid adds a second text (2026-10-26). The bid sheet's promise line, "If you win, you agree to pay {amount}. We'll email you how." (section 5's block on winning bids), is an exhibit-app screen, so it is machine-translated with the rest of the sheet. The sheet is built but not committed, and its translations are already generated; some read badly (the Dutch ends "We sturen je een e-mail hoe"). A bidder may see only the translation. Which text of that line governs joins the question above. Not decided here.

Open — the wording that separates auctions from gambling

ArtScope now runs ascending silent auctions, so a reader of the gambling bullet alone could think auctions are banned. The paragraph above is the draft distinction: free bidding and a sale at the winning price are allowed; paying to bid or paying for a chance is not. The owner should confirm the wording, and whether it needs to name any other format (a live or paddle-raise auction, say) before publication.

Open — uploaded photos for stock prints, and stopping a print order

The same is true of a photo a gallery uploads to have prints made: nothing checks it before the lab prints it. If the print section is going to say we may refuse or stop a print order over a rights claim, this section has to give us that power, and the stock promise a gallery ticks should say so too. Today it doesn't (stock-print block after section 8). Deferred by the owner on 2026-10-21: complaints are handled by hand for the first release. Nothing in the product stops a stock order once paid, so the print section must not claim a power to stop one until this is planned.

Decided, to add when it ships — we can't take a gallery's published refund policy down

The next paragraph says we may remove or hide content that breaks section 16. For a gallery's published refund policy (section 6's block, on gen2-main only) there is no way to do that short of editing the database by hand: no admin action, and the public page doesn't check whether the gallery is suspended, so a suspended gallery's policy stays up. Owner, 2026-11-01: no, and no product change planned. So this section must not promise it. When the feature ships, add after the next paragraph: "A refund policy or terms of sale a gallery has published through ArtScope stay published even if we suspend the gallery. We can't remove or hide them." Without that sentence, "we may remove or hide the content" reads as covering a page on our own domain that we can't touch. Facts: notes/tos-audit.md §24.3.

Open — for legal review: our part in a silent auction, a cart checkout and a made-to-order print is larger

The point-of-sale characterisation above and the cap below are decided, and an auction sale is still the gallery's, on the gallery's Stripe account. But in an auction our software does more than in a fixed-price sale: it decides which bid wins, closes bidding at the set time, and starts the off-session charge on a saved card. A fault in any of those is ours rather than the gallery's. Whether the characterisation and the cap read the same for that role wants a lawyer's eye before publication.

Quick bid (2026-10-26) adds to it. Our software now also refuses some registrations by itself: a fourth bidder from one device, and anyone from a phone number or device the gallery has blocked, under any email address (which can catch someone who shares the phone). It refuses an eleventh bid in a minute. It also raises the marks on bids and bidders that a gallery acts on. The gallery still decides every void and block. The limits themselves are decided; this is for legal review of the role, not of the numbers.

The cart checkout adds a smaller case of the same point. Nothing holds an original in a cart, and on Stripe our checkout can take a buyer's payment for an original that has already sold. Our code then refunds that piece's price from the gallery's account (section 6). The money never sits with us, so "point of sale, not seller" still reads true on the facts, but it is our software, not the gallery, that took that payment and made that refund. Worth reading together with the auction point above.

The hold on originals (2026-10-24) widens it a little. Once a buyer presses Pay, our software holds the gallery's original for that buyer, refuses other buyers, and closes the buyer's payment page on its own timer, or at the gallery's request when it sells the piece at the desk (sections 5 and 10). That is still running the checkout, and the flag's "we run the checkout it was paid through, we hold the record of it" still describes it: the hold is a lock on who may pay, not a sale, and nothing about it puts the money with us or makes us a party to the contract of sale. Nothing was added to the flag for it. Worth reading with the points above.

Held, refused and disputed payments, both ways to pay (2026-10-26, rewritten 2026-11-01). Our software refuses a PayPal payment that PayPal holds for review, and refunds one that PayPal releases later, from the gallery's account, without the gallery deciding. On Stripe it now cancels, on the gallery's own account, a card payment whose risk score our rule doesn't accept, even where the gallery's own Stripe settings would have taken it. After a fraud report from a card's bank it puts an unshipped original's collection record on hold and keeps unsent prints from the lab, and never refunds. On a chargeback it records the money taken, puts a piece back on sale only if it is reliably still at the gallery, and stops unsent made-to-order prints, without asking. On a PayPal dispute the gallery wins, it restores the order, the collection record and, if untouched since, the listing, also without asking. All of it acts on the order record and the listing, or on whether a payment on our checkout is taken, which the flag's "we run the checkout ... we hold the record" covers; refusing a payment is our checkout declining to take it, not a sale. None of it puts the money with us. We record a dispute and tell the gallery; we don't decide, contest, answer or accept it, and the dispute stays between the buyer's bank, Stripe or PayPal, and the gallery. That conclusion still holds on the facts as read on 2026-11-01. The refusal on the gallery's own account, under a rule the gallery can't change, is the newest part and worth a lawyer's eye (owner question E, section 8). Nothing was added to the flag.

Made-to-order prints add a third (2026-10-24, live). The flag above says the gallery "owns the stock and ships it". For a print made to order the gallery does neither: we place the order with the lab, the lab makes and ships it, we pay any extra postage when we split the order, and when the lab fails we refund the buyer from the gallery's account without the gallery deciding. The payment is still a direct charge on the gallery's account and the money still never sits with us, so "point of sale, not seller" may still hold, but this is the largest of the three roles. The characterisation wants reading against it before the print section's made-to-order half publishes. Facts: notes/tos-audit.md §18.

The shipping address from the payment (2026-10-26, not deployed). Our software now refuses to capture a PayPal payment whose approved address is outside the country the checkout was priced for, and refunds a made-to-order print, from the gallery's account and without the gallery deciding, when its payment carries no address 24 hours on. Both are our rule, not the gallery's. Both act on the checkout and the order record, which the flag's "we run the checkout ... we hold the record" covers, and neither puts the money with us. The address rule exists because of how payment disputes are decided, but we are not a party to a dispute and these terms say nothing about how one turns out. Nothing was added to the flag. Facts: notes/tos-audit.md §22.

Squarespace sync (on production since 2026-10-22, beta accounts). Our software now writes to a system the gallery owns outside ArtScope: it changes stock counts on the gallery's own store, and closes a listing there when a piece sells here. A fault could close a piece that is still for sale, or add stock that doesn't exist. Nothing about it puts money with us. The cap and the lost-profits exclusion apply in general; whether they are enough is section 8's owner question T2, and a lawyer's eye on the role is wanted with the points above. Facts: notes/tos-audit.md §24.4.

Gallery refund policies (2026-10-26, gen2-main only). We will host and publish each gallery's refund policy and terms of sale, on a page under our own domain, and keep every version. The words are the gallery's and so is the promise in them; we don't check them. Worth one line in the flag when it ships ("A gallery's refund policy and terms of sale are its own, even where we publish them"), and a lawyer's eye on whether hosting them changes the characterisation. Facts: notes/tos-audit.md §24.3.

Decided by legal review — stock prints: we order on the gallery's behalf

Legal review settled the characterisation: when a gallery has prints made for its own stock, ArtScope orders them from the lab on the gallery's behalf. Cost is passed through, and a flat convenience fee per order is ours. We are not the seller of the prints (stock-print block after section 8). That sits alongside "we are not the seller" above rather than contradicting it. When the print section is published, add one sentence here: "When we order prints for a gallery's own stock, we act on its behalf and do not sell them to it."

What follows from it, drafted to match and to be confirmed when legal reads the published text: the "fees you paid us" in the cap below are our convenience fee, card processing and any currency conversion we keep, not the cost we pass through; and since we don't sell the prints, section 18's warranty disclaimer and the owner's rule that a damaged, wrong or lost parcel is the gallery's both rest on that.

Open — one thing a lawyer still has to look at here

The Illinois choice of law and the Cook County forum are the owner's decision, recorded on 20 September 2026, and they are drafted above as binding. What is not a drafting matter is how far a US forum clause actually reaches a consumer buyer in the UK or the EEA — in much of Europe it does not, which is why the paragraph above says so plainly rather than asserting an exclusive forum and hoping. Whether that paragraph is wide enough, and whether it should name specific regimes, wants a lawyer's eye before publication.