Terms of sale — MARMALADE subscription
Version of 19 October 2026.
In the event of any discrepancy, the French version prevails.
1. PARTIES
These terms bind MARMALADE SOFTWARE LLC, a limited liability company organised under the laws of the State of Wyoming (United States), registered under number 2026-002099163, whose registered office is at 1309 Coffeen Avenue, STE 1200, Sheridan, Wyoming 82801 (“MARMALADE”), and any organisation that subscribes to the service (“the Client”).
2. DEFINITIONS
Service: the MARMALADE online software, available at app.marmalade.art and through its applications.
Plan: one of the editions described in article 6.
User: any person to whom the Client gives access to its workspace.
Client Data: everything the Client and its Users enter or upload in the Service.
Public pages: the catalogues, online exhibitions, showcase websites and sharing links that the Client publishes from the Service.
3. SCOPE AND ACCEPTANCE
3.1. These terms and the terms of use form the contract. They prevail over any other document of the Client.
3.2. The Client accepts them when signing up or subscribing. MARMALADE keeps the accepted version.
3.3. The person who signs up the organisation declares that they have the authority to bind it.
4. SERVICE RESERVED FOR PROFESSIONALS
4.1. The Service is reserved for professionals: galleries, dealers, publishers and artists working in a professional capacity. The Client declares that it subscribes for the needs of its business.
4.2. MARMALADE may ask the Client for its registration number (SIRET in France, or the equivalent in its country) or, for an artist, proof of their status as an artist-author.
5. FREE TRIAL
5.1. Every new organisation receives a 30-day free trial, with no credit card required.
5.2. At the end of the trial, if no plan has been chosen, writing is suspended. The data remain viewable and exportable for 30 days, after which article 13.3 applies.
6. PLANS AND PRICES
6.1. Prices excluding taxes, in euros:
Artist: €29 per month, €279 per year
Studio: €69 per month, €659 per year
Gallery Pro: €149 per month, €1,429 per year
Gallery Business: €249 per month, €2,389 per year
6.2. An additional seat, beyond those included in the plan, costs €19 excluding VAT per month.
6.3. The content of each plan is the one described on the plans page on the date of subscription.
6.4. A price change applies from the following period, after 30 days' notice by email. The Client may cancel before that date, free of charge.
7. PAYMENT AND INVOICING
7.1. The subscription is paid in advance, by card or direct debit, through MARMALADE's payment provider: every month for the monthly subscription, in a single payment for the annual subscription.
7.2. Subscription invoices are issued by MARMALADE SOFTWARE LLC, established outside the European Union, whose details appear in article 1.
7.3. For a professional Client established in the European Union, any VAT due is paid by the Client under the reverse-charge mechanism. The Client provides a valid VAT number.
7.4. Invoices are made available in the Client's settings.
8. LATE PAYMENT
8.1. Any late payment incurs penalties at the interest rate applied by the European Central Bank to its most recent refinancing operation, plus 10 percentage points, and a fixed compensation of €40 for recovery costs.
8.2. If a payment fails, the Client keeps access for 5 days, with a banner warning it. After that period, access is suspended until payment. The data are neither modified nor deleted during the suspension.
9. TERM AND TERMINATION
9.1. The subscription renews automatically, monthly or annually.
9.2. The Client may cancel at any time from its settings. Cancellation takes effect at the end of the paid period, without refund of the current period.
9.3. MARMALADE may terminate in the event of a serious breach of the terms of use by the Client, after a formal notice that has remained without effect for 15 days, or immediately if the law requires it.
10. MARMALADE'S COMMITMENTS
10.1. MARMALADE uses its best efforts to keep the Service available continuously, except for announced maintenance.
10.2. A complete, encrypted backup of the data is made every night. The data are hosted in France.
10.3. MARMALADE protects the Service according to the state of the art, in particular through the separation of workspaces, the encryption of documents, two-factor authentication and a log of consultations.
11. THE CLIENT'S LEGAL OBLIGATIONS
11.1. The Service helps the Client meet its obligations: invoice mentions and numbering, VAT, the police book for galleries established in France, anti-money laundering due diligence, resale right.
11.2. The Service documents; it does not qualify. Compliance with these obligations remains the Client's responsibility. MARMALADE gives no legal, tax or accounting advice.
11.3. The Client checks amounts, rates and mentions before issuing a document.
12. ELECTRONIC INVOICING
12.1. At the Client's request, MARMALADE transmits its invoices to a platform approved by the tax authorities, under the mandate that the Client signs with that platform.
12.2. The approved platform handles transmission to the authorities. MARMALADE ensures that the file it provides to the platform complies with the required format.
13. CLIENT DATA
13.1. Client Data remain the Client's property. They can be exported at any time.
13.2. For the personal data they contain, MARMALADE acts as the Client's processor, under the conditions described in the privacy policy. In the event of a data breach affecting these data, MARMALADE notifies the Client no later than 48 hours after becoming aware of it.
13.3. At the end of the contract, the Client has 30 days to export its data. They are then deleted from active systems within 90 days, unless the law requires them to be kept.
14. ARTIFICIAL INTELLIGENCE ASSISTANT
14.1. The Service includes an assistant whose answers are produced by artificial intelligence. They may be inaccurate.
14.2. Its suggestions are never applied without a User's approval. The Client reviews what it keeps.
15. INTELLECTUAL PROPERTY
15.1. The Service, its interfaces, templates, texts and graphic elements remain the property of MARMALADE. The Client receives a non-exclusive, non-transferable right of use for the term of the subscription.
15.2. The Client grants MARMALADE, solely for the performance of the Service, the right to store, reproduce and display its content, including on its Public pages.
15.3. The Client warrants that it holds the rights to the images and texts it uploads, in particular the copyright of living artists.
16. LIABILITY
16.1. The content, prices and documents issued by the Client remain its responsibility.
16.2. MARMALADE's liability is limited to direct damage, up to the amounts paid by the Client over the last 12 months.
16.3. This limit does not apply in the event of gross negligence or intentional misconduct.
17. FORCE MAJEURE
Neither party is liable for a failure caused by a force majeure event within the meaning of article 1218 of the French Civil Code.
18. CONFIDENTIALITY
Each party keeps the other's non-public information confidential, during the contract and for 3 years after it ends.
19. CHANGES TO THE TERMS
19.1. MARMALADE may change these terms. The Client is notified by email 30 days before they take effect.
19.2. If it refuses the new version, the Client may cancel free of charge before it takes effect. Otherwise, the new version applies from that date.
20. GOVERNING LAW AND DISPUTES
These terms are governed by French law. Failing an amicable agreement, any dispute falls under the jurisdiction of the courts of Paris.
21. CONTACT
contact@marmalade.art.