Terms of Service

Effective 09.20.2026 · Version 2.0

1. General information

These Terms are a contract between you and Supersedure, Inc. ("Upstudio", "we", "us"), covering your use of upstudio.art and any related services. By creating an account or using the service, you agree to them. If you do not agree, do not use Upstudio.

2. Eligibility

You must be at least 18 years old and able to enter into a binding contract to create an account. By using Upstudio you confirm that you are.

We do not knowingly provide the service to anyone under 18. If we learn that an account belongs to a minor, we will close it and delete the associated data.

3. The service

Upstudio provides tools for managing an art practice, including opportunity matching, profile and record keeping, and AI-assisted writing. It is offered on the subscription plans described on the Site, and may also be offered on a free, trial, or promotional basis at our discretion. Plan features and prices are set out at the point of purchase and may change in accordance with section 13.7.

Upstudio is under active development.

  • Features may be added, changed, or withdrawn.

  • We do not commit to any level of availability or uptime.

  • We may introduce, change, or discontinue plans, and may change or end any free, trial, or promotional access, on reasonable notice.

Keep your own copies of anything you cannot afford to lose. Export tools are provided for exactly this reason.

If we issue access codes or invitations for a particular release, those are personal to you. Do not share, sell, or publish them. We may deactivate a code that has been shared.

4. Your account

You are responsible for your login credentials and for everything done through your account. You may not create an account using false information, or use someone else's account without permission.

5. Your content

"Your Content" means everything you upload or create in Upstudio: artwork images, exhibition and CV records, statements, prices, contacts, proposals, notes, and anything else.

You own it. These Terms transfer no ownership of Your Content to us. You retain all copyright, moral rights, and other rights in it.

The licence you give us. You grant Upstudio a non-exclusive, revocable, worldwide, royalty-free licence to host, store, back up, reproduce, process, and display Your Content, solely for the purpose of operating and providing the service to you and to people you explicitly share it with. This licence exists only so the software can function. It ends when you delete the content or close your account.

No promotional use without consent. We will not use Your Content, your name, or your likeness in any marketing, promotional, or public-facing material without your separate, express opt-in, which you may withdraw at any time.

Your responsibility. You confirm that you hold the rights necessary to upload Your Content, and that it does not infringe anyone else's rights. If you upload images of work made in collaboration, or documentation photographed by someone else, make sure you are entitled to do so.

6. Our intellectual property

As between you and us, we own and retain all right, title, and interest in the Upstudio platform. That includes the software, the website, the interface and its design, our written content, and the opportunity database, including the selection, structuring, and arrangement of the listings within it.

Your use of Upstudio grants you no ownership interest in any of it, only the right to use the service under these Terms while they remain in effect.

The Upstudio name, logo, and marks are ours. Other names and marks appearing on the platform belong to their respective owners. Neither may be used without written permission.

7. AI features and generated output

Upstudio uses artificial intelligence to generate text such as statements, captions, proposals, and applications, and to structure information you paste in.

  • Tone of voice, not audio. Our "voice" features analyse your writing style. We do not record or store audio.

  • Your material informs your output. The system uses your own profile and writing to shape the drafts it produces for your account.

  • Review everything. AI output can be inaccurate, generic, or wrong. You are responsible for checking anything you send, submit, or publish. Do not rely on it for factual claims about your own history without verifying them.

  • No exclusivity. Similar prompts can produce similar output for different users. We make no claim that generated text is unique, and we make no warranty that it is protectable by copyright.

  • We claim nothing. As between you and us, output generated for you is yours to use.

  • Third-party processing. Generation is carried out by third-party AI providers.

8. Market data and price estimates

Upstudio may display market comparisons, benchmarks, and suggested price ranges based on publicly available artwork listing data.

This information is provided for general reference only. It is not a valuation, an appraisal, financial advice, or investment advice. We do not warrant that it is accurate, current, or complete, and we are not responsible for any pricing, sale, purchase, insurance, or tax decision you make in reliance on it. For a formal valuation, consult a qualified appraiser.

9. Open calls and third-party listings

Upstudio compiles information about open calls, residencies, grants, and other opportunities from publicly available sources, and shows you the ones your profile makes you eligible for. We display factual details together with a brief description and a link to the original, and we encourage you to read the original before applying.

No endorsement, no warranty of accuracy. Listing an opportunity does not mean the organiser is affiliated with or vetted by us. Deadlines move, calls close early, fees change, and sources make mistakes. We make no warranty that any listing is accurate, current, complete, or still open. Our eligibility screening is an automated filter based on the profile you provide, not a determination, and the organiser's own assessment is the only one that counts. Always confirm details with the organiser before applying or paying an entry fee.

Your dealings with organisers are your own. Any application, entry fee, contract, exhibition, or dispute is strictly between you and the organiser. We are not a party to it and take no responsibility for it, including for entry fees paid to opportunities that turn out to be misrepresented, predatory, or cancelled.

Corrections and removals. If you run an opportunity and want a listing corrected or removed, email hello@upstudio.art and we will act promptly. If you are an artist and an opportunity looks predatory or fraudulent, please flag it so we can review the source.

10. Acceptable use

You agree not to:

  • Upload content you do not have the rights to, or that is unlawful, defamatory, or infringing.

  • Use Upstudio to impersonate another artist or misrepresent authorship.

  • Attempt to access another user's account or data.

  • Resell, sublicense, or provide the service to third parties as your own.

  • Introduce malware, probe our security, or interfere with the service's operation.

  • Use the service to generate content that is unlawful or intended to deceive.

  • Place an unreasonable load on our infrastructure.

You also agree not to do any of the following without our written consent:

  • Use any robot, spider, script, or other automated means to access, scrape, data-mine, or collect any part of the platform or its content, including the opportunity database.

  • Cache or archive any part of the platform, except for a public search engine indexing pages we have made public.

  • Use any part of the platform or its content to develop any software, or to train or fine-tune any machine learning or artificial intelligence system.

  • Reverse engineer, decompile, or otherwise attempt to derive the source code or underlying structure of the service, except as permitted by law.

  • Circumvent any access control, rate limit, or security measure.

We may suspend or close accounts that breach this section.

11. Improving the service

We may use anonymised, aggregated data derived from platform usage to improve Upstudio, for example to understand which opportunity types are most relevant to artists, or how proposal sections are typically structured. This data is not attributable to any individual user and is never sold.

12. Feedback

If you send us ideas, bug reports, or suggestions, we may use them without restriction or payment. This applies to feedback about the product only. It does not affect Your Content in any way.

13. Registration; Payment; Subscription

13.1 Registration. You must be at least eighteen (18) years of age to register for an Account. In consideration of your use of the Services, you represent and certify that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions. You also agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the Account registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof).

13.2 Password. You will create a username and password upon completing the Account registration process. You are responsible for maintaining the confidentiality of your Account password and are fully responsible for all activities that occur under your Account. You agree to (a) immediately notify Upstudio of any unauthorized use of your Account password or Account or any other breach of security. Upstudio is not liable for any loss or damage arising from your failure to comply with this Section or from any unauthorized use of your Account.

13.3 Pricing and Payment. The fees for the Services are provided on the Site. Upstudio will bill your credit card for all fees for your Subscription, as applicable. You will provide accurate and complete billing information, including legal name, address, and telephone number, and will provide your card details directly to our payment processor. If such information is false or fraudulent, Upstudio reserves the right to terminate the Services and your access to the Site in addition to seeking any other legal remedies. Upstudio is not responsible for any charges or expenses (e.g., for overdrawn Accounts, exceeding credit card limits, etc.) resulting from charges billed by Upstudio. Each charge will be considered valid unless disputed by you in writing within thirty (30) days after the billing date. No adjustments will be made for disputed charges made more than thirty (30) days after the billing date. All charges are non-refundable. Upstudio's fees are exclusive of all taxes, levies, or duties imposed by taxing authorities (“Taxes”), and you will be responsible for payment of all such Taxes.

13.4 Auto-Renewal of Subscriptions. YOU CAN VIEW YOUR PAST AND UPCOMING BILLING DETAILS AT ANY TIME IN YOUR ACCOUNT. YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW (AND YOU WILL AUTOMATICALLY BE CHARGED) ON THE FIRST DAY FOLLOWING THE END OF THE INITIAL TERM OF YOUR SUBSCRIPTION AND SHALL CONTINUE FOR AN ADDITIONAL SUBSCRIPTION TERM OF EQUIVALENT DURATION (“RENEWAL TERM”), UNDER THE SAME TERMS AND PRICING, UNTIL YOU CANCEL IN ACCORDANCE WITH SECTION 13.5 BELOW. YOU AGREE THAT YOUR ACCOUNT WILL BE SUBJECT TO THIS AUTOMATIC RENEWAL FEATURE UNLESS YOU CANCEL YOUR SUBSCRIPTION. BY SUBSCRIBING, YOU AUTHORIZE US TO CHARGE YOUR PAYMENT PROVIDER FOR YOUR INITIAL SUBSCRIPTION PERIOD, AND AGAIN AT THE BEGINNING OF ANY SUBSEQUENT SUBSCRIPTION RENEWAL PERIOD FOR THE FEES AGREED UPON.

BY PURCHASING OR OTHERWISE SIGNING UP FOR ANY SUBSCRIPTION, YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION:

IS SUBJECT TO AUTOMATIC RENEWAL;

WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE PERIODS AND WILL CONTINUE UNTIL YOU CANCEL THE SUBSCRIPTION IN ACCORDANCE WITH SECTION 13.5 (CANCELLATION);

HAS AN INITIAL (EXCEPT WITH RESPECT TO FREE PORTIONS OF TRIAL SUBSCRIPTIONS) AND RECURRING PAYMENT FEATURE AND YOU ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES PRIOR TO CANCELLATION OF THE AUTOMATIC RENEWAL OF YOUR SUBSCRIPTION OR THE CONVERSION OF YOUR TRIAL SUBSCRIPTION TO A PAID SUBSCRIPTION, AS APPLICABLE; AND

IS SUBJECT TO AUTOMATIC CHARGES ON YOUR METHOD(S) OF PAYMENT.

Upon renewal of your Subscription, if we do not receive payment from your payment provider, (a) you agree to pay all amounts due on your Account upon demand and/or (b) you agree that Upstudio may either terminate or suspend your Subscription and continue to attempt to charge your payment provider until payment is received (upon receipt of payment, your Account will be re-activated and for purposes of automatic renewal, your new Subscription commitment period will begin as of the day payment was received).

13.5 Cancellation. You can cancel your Subscription at any time from your Account or by contacting us using the contact details at the end of these Terms, and we will process your cancellation within two (2) business days. Your cancellation will be effective at the end of the Initial Term or then-current Renewal Term, as applicable. Your cancellation request must be communicated prior to the date your next Subscription period begins to prevent renewal charges. If you choose to cancel your Subscription at any time, your Subscription will no longer renew and we will not charge your payment provider for the subsequent subscription period. You may cancel online at any time through your Account, using the same method by which you subscribed, without having to call or email us.

13.5a Renewal Reminders. Where required by applicable law, including New York General Obligations Law § 5-903 and New York General Business Law § 527-a, we will remind you before your Subscription automatically renews. For any Subscription with a term of one year or longer that renews for a period of more than one month, we will send that reminder to the email address on your Account between fifteen (15) and forty-five (45) days before the renewal date. Where a free trial or promotional price is due to convert to a paid or standard-price Subscription, we will notify you before that conversion takes effect. Each reminder will state the renewal or conversion date, the amount and frequency of the charge, and how to cancel.

13.6 Free Trials. In Upstudio's sole discretion, you may have access to a free trial period of the Services. All free trials are provided as-is and without warranty. Free trials are not guaranteed, and Upstudio may suspend or terminate them at any time.

13.7 Subscription Changes. Notwithstanding anything to the contrary in these Terms, and for the avoidance of doubt, the price of any subscription is subject to change by Upstudio at any time within its sole discretion. If you are an active subscriber, changes to pricing will become effective at the end of the relevant subscription period or term and Upstudio will inform you of such changes by email prior to your next applicable payment.

14. Third-party services

Upstudio relies on third-party providers for hosting, storage, AI processing, email, and payments, and may link to other external sites. We are not responsible for third-party sites, their content, or their terms, and accessing them is at your own risk.

15. Termination

You may close your account at any time from your settings.

We may suspend or terminate your access if you breach these Terms, if required by law, or if we discontinue the service. Except where you have seriously breached these Terms or the law requires otherwise, we will give you reasonable notice and an opportunity to export your data first.

On termination, sections 5, 6, 8, 16, 17, 18, 20, and 21 survive.

16. Disclaimers

The service is provided "as is" and "as available". To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and any warranty that the service will be uninterrupted, secure, error-free, or that data will not be lost.

Upstudio is a practice-management tool. It does not provide legal, tax, financial, valuation, or professional advice.

17. Limitation of liability

To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost opportunities, lost sales, or lost data, arising out of or relating to the service.

Our total aggregate liability arising out of or relating to these Terms or the service is limited to the greater of the amount you paid us in the twelve months before the event giving rise to the claim, or one hundred dollars (US$100).

Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

18. Indemnity

You agree to indemnify and hold harmless Upstudio and its officers, employees, and contractors from claims, damages, and reasonable legal costs arising from Your Content, your use of the service, or your breach of these Terms. This does not apply to claims caused by our own breach or negligence. We will notify you of any such claim and may participate in its defence at our own expense.

19. Copyright complaints

Upstudio respects the intellectual property rights of others and expects users to do the same.

If you believe that content on the Site infringes your copyright, you may submit a written notification in accordance with the Digital Millennium Copyright Act (DMCA) to:

Email: hello@upstudio.art

Subject Line: DMCA Takedown Request

A valid DMCA notice must include:

  • identification of the copyrighted work claimed to be infringed;

  • identification of the infringing material and its location on the Site;

  • your contact information;

  • a statement that you have a good-faith belief that use of the material is not authorized;

  • a statement, under penalty of perjury, that the information provided is accurate;

  • your physical or electronic signature.

Upstudio may remove or disable access to allegedly infringing content and may terminate accounts of repeat infringers.

20. Governing law and time limit on claims

These Terms are governed by the laws of the State of New York and the United States, without regard to conflict-of-laws rules. You and we agree to the exclusive jurisdiction of the state and federal courts located in New York County (Manhattan).

Any claim arising out of or relating to these Terms or the service must be brought within one year of the claim arising, or it is permanently barred, regardless of any longer period allowed by statute.

Before filing anything, contact us at hello@upstudio.art. Most problems are faster to solve directly.

21. Disputes

Waiver of jury trial. Each of us irrevocably waives any right to a trial by jury in any action arising out of or relating to these Terms or the service.

Waiver of class actions. You agree not to bring or participate in any dispute with us as a class action, collective action, or in any other representative capacity, and each of us waives any right to consolidate claims with those of any other person. Proceedings will be conducted solely on an individual basis.

22. Changes to these Terms

We may update these Terms. If a change is material, we will notify you by email or in the product before it takes effect. Continuing to use Upstudio after that means you accept the updated Terms. Previous versions are listed below and remain available on request.

23. General

These Terms, together with the Privacy Policy, are the entire agreement between us and supersede any earlier version. If a provision is held unenforceable, the rest remains in force, and the court should give effect to the intention behind the provision so far as it lawfully can. Our failure to enforce a provision is not a waiver of it. Section headings are for convenience only.

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between us.

We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, fire, flood, storm, war, civil unrest, government action, labour disputes, network failures, or failures of third-party infrastructure providers.

You may not assign these Terms without our consent. We may assign them, and transfer the associated account data, in connection with a merger, acquisition, reorganisation, or sale of assets, on notice to you. Any acquirer will be bound by the commitments in section 5 regarding ownership of and promotional use of Your Content.

To contact us regarding these Terms, please email hello@upstudio.art

Version history

2.0 · 09.20.2026 · Adds entity details, eligibility, platform IP, open call listing terms, governing law, time limit on claims, jury and class action waivers, liability and indemnity provisions, and copyright notice and counter-notice procedure.

1.0 · June 2026 · First published.