Terms of service

These terms apply between Bowerbird House, a trading name of Allen Australian Enterprises Pty Ltd, ABN 41 095 793 007 ("Bowerbird House", "we") and the business that subscribes to the service ("the customer"). The service is intended for professionals: galleries, artists, studios, estates, foundations and collections. By creating an account or signing an order, the customer accepts these terms.

Bowerbird House is online software to manage artworks, locations, loans, exhibitions, contacts and a public website, with optional AI features. We provide it as a subscription, accessible through a web browser. We may improve or change features over time; we will not remove a core feature during a paid period without telling the customer in advance and offering a fair solution.

The customer chooses who in its team has access and with which role (owner, admin, staff, read-only). The customer is responsible for keeping sign-in details confidential and for what its users do in the service. Tell us straight away at hello@bowerbirdhouse.com if you suspect unauthorised access.

Everything the customer enters or uploads (artworks, images, documents, contacts, texts) remains the customer's property. We use it only to provide the service, as described in the Data Processing Agreement, which forms part of these terms. The customer can export its records at any time. At the end of the subscription, the customer has 30 days to export; we then delete the data within 90 days, except where the law requires us to keep it.

The customer must not use the service to publish illegal content, infringe the rights of others, send unsolicited bulk messages, attempt to access other customers' data, overload or reverse-engineer the service, or resell it without our agreement.

The customer is solely responsible for the images, texts, documents and other content it uploads or publishes through the service, including on its public website, private views, offers and social posts. Bowerbird House hosts this content on the customer's behalf and does not choose, check or edit it.

The customer confirms that it holds, or has obtained, every right needed for that content: from the artists or their rights management society (for example ADAGP in France) for reproductions of artworks, from photographers for photographs, and from any person shown. Images copied from other websites or search engines must not be used without the rights holder's permission.

If we receive a sufficiently precise report that content is unlawful, or if we reasonably believe it is, we may remove it or disable access to it without prior notice, and we will tell the customer what we did and why. The customer can reply and, where it shows that it holds the rights, we will restore the content. We may suspend the public website of a customer that repeatedly publishes infringing content, or terminate the subscription under section 12.

The customer will cover Bowerbird House for any claim, damages and reasonable costs (including legal fees) arising from content the customer or its users published, provided we tell the customer about the claim promptly and let it take part in the defence. This section continues after the subscription ends.

AI features suggest answers and drafts based on the customer's own data. Suggestions can be wrong: the customer remains responsible for checking them before relying on them or publishing them. AI features are included within fair use for a gallery's normal daily work; if use becomes unusually heavy, we will discuss it with the customer before changing anything.

Prices are those shown on the pricing page or in the order, in euros, excluding VAT. Subscriptions are billed annually in advance unless agreed otherwise; monthly billing may carry a supplement. Late payment gives rise to late payment interest at three times the French legal interest rate and the fixed recovery fee of 40 euros provided by article L441-10 of the French Commercial Code. We may suspend access after a written reminder that remains unpaid for 15 days.

Where included in the plan, we import the customer's existing records from the files it provides. We take care to import them accurately and review the result with the customer, who confirms the import before switching over.

We aim to keep the service available at all times, apart from planned maintenance announced in advance where possible. Support is provided by email in French and English on French working days. We back up the database daily.

We are responsible for direct damage caused by our failure to perform these terms. Neither party is liable for indirect damage such as loss of profit, business or reputation. Our total liability over any twelve-month period is limited to the amounts paid by the customer during that period. This limit does not apply to the customer's obligations under section 6. Nothing in these terms limits liability that cannot be limited by law.

The subscription runs for the period ordered and renews for the same period unless either party gives notice at least 30 days before the renewal date. Either party may terminate if the other seriously breaches these terms and does not remedy the breach within 30 days of written notice.

Each party keeps confidential the non-public information it receives from the other, including prices, artworks, collectors and business information, during the contract and for five years after.

We may update these terms. We will inform customers at least 30 days before material changes take effect; a customer that does not accept them may terminate before they apply.

These terms are governed by the laws of New South Wales, Australia. The parties will first try to settle any dispute amicably. Failing that, the courts of New South Wales have exclusive jurisdiction. Nothing in these terms limits rights you have under consumer protection law that cannot be excluded. If these terms are translated, the English version prevails.