Terms of Service

These Terms of Service (“Terms”) form a legal agreement between you and Markex Pty Ltd (ABN 66 680 006 839) (“Markex”, “we”, “us” or “our”) about your access to and use of Canory, including canory.co, Canory-powered services, and related applications (together, the “Service”).

By accessing or using the Service, creating an account, or purchasing a subscription, you agree to these Terms. If you use Canory for a business or other entity, you confirm that you have authority to bind it. If you do not agree, do not access or use the Service.

Additional terms shown when you order or use a particular feature also apply to that feature. If they conflict with these Terms, the additional terms apply to the extent of the conflict.

Canory is software for tattoo artists and studios. It brings together tools for public artist and studio pages, websites, enquiries, bookings, calendars, forms, client communication, flash, and artist-studio working relationships.

Features differ by plan and may develop over time. Some features are provided by third parties or use artificial intelligence. Canory does not provide legal, tax, financial, medical, or other professional advice.

You must be at least 18 years old and legally able to enter into this agreement to create an account. By creating an account, you confirm that you meet these requirements.

You may use the Service only where doing so is lawful. You must comply with all laws and professional requirements that apply to your business, services, advertising, content, and dealings with clients.

You must provide accurate, current information and keep it up to date. You are responsible for your account credentials and for activity carried out through your account, except to the extent caused by our failure to use reasonable care.

Do not share credentials or allow unauthorised access. Tell us promptly at hello@canory.co if you suspect that your account has been compromised. An artist controls their own calendar and studio schedule data; a studio may use that data only where the artist has allowed access through an active relationship or supported collaboration setting.

You must not use or help anyone use the Service to:

• break the law, facilitate unlawful conduct, or violate another person's intellectual property, privacy, publicity, confidentiality, or other rights;
• create, upload, publish, or transmit content that exploits minors, is sexually abusive, promotes violence or hatred, harasses others, or is otherwise unlawful;
• impersonate someone, mislead clients, send spam, distribute malware, or engage in fraud or deceptive conduct;
• scrape or automatically extract data beyond supported functionality, bypass limits or security controls, probe vulnerabilities, disrupt the Service, or access another account without permission;
• reverse engineer or copy the Service except where applicable law does not allow that restriction; or
• use AI-assisted material for high-impact automated decisions about a person or present it as verified professional advice.

We may investigate suspected misuse, remove or restrict content, limit access, preserve evidence, and cooperate with authorities where reasonably necessary to protect the Service, users, or others or to comply with law.

“Your Content” means content and information you or your authorised users provide, connect, upload, create, or publish through the Service, including profile details, portfolio imagery, artwork, prompts, forms, messages, client information, and social-account content.

You retain ownership of Your Content. You grant Markex a worldwide, non-exclusive, royalty-free licence to process, reproduce, adapt, host, store, transmit, display, and otherwise use Your Content only as reasonably needed to provide, operate, secure, support, and personalise the Service and to comply with law. This licence lasts while needed for those purposes, subject to applicable data-handling and deletion obligations.

You confirm that you have all rights, notices, consents, and permissions needed for Markex and its providers to use Your Content in this way. You remain responsible for Your Content and for deciding what to collect from clients and what to publish.

Canory may create site copy, card content, layouts, recommendations, summaries, images, or other material for you (“Generated Material”). As between you and Markex, and to the extent ownership can arise under applicable law, you own Generated Material created specifically for you.

Generated Material may not be unique, and similar material may be provided to other users. AI-generated material may not qualify for copyright or other protection in every jurisdiction. Your ownership does not include Canory software, templates, branding, systems, or material belonging to another person.

You must review Generated Material before publishing or relying on it. You are responsible for checking accuracy, suitability, legal compliance, permissions, and potential infringement of copyright, trade marks, image rights, or other third-party rights.

Some Canory features use probabilistic AI systems. They can produce incomplete, inaccurate, unsuitable, biased, or unexpected results and are not a source of factual truth or professional advice. Human review is required before you publish, send, or rely on AI-assisted material.

Markex does not use customer content to train general or shared AI models. This commitment is different from personalisation for your own account. Canory may analyse information you supply or connect, including profile details, portfolio imagery, prompts, and social-account content, to create and retain an artist-specific style profile.

Canory may use that user-specific profile to personalise the artist's link in bio, website, recommendations, and related Canory experience. The profile may be retained until the account is deleted or the profile is otherwise removed under Canory's data-handling practices. It is not a general or shared model trained for other customers.

The Service relies on third-party providers, including OpenAI for some AI features and Stripe for payment processing. Other third-party products, integrations, links, or services may also be made available. Their own terms and data-handling practices apply when you use them, and their availability and performance are outside our control.

Markex's use of OpenAI's business and developer services is governed by OpenAI's current Services Agreement and related policies. Information sent to OpenAI for an AI feature is processed as described in OpenAI's Privacy Policy. References to a third party do not imply endorsement by that party.

Free features are provided on a best-effort basis. Paid plans provide access to the features described at purchase, but do not include a service-level or uptime guarantee unless we expressly agree otherwise in writing.

We may maintain, improve, limit, or discontinue features. We will use reasonable care and, where practical, give notice of changes that materially reduce a paid feature. Nothing in this section limits a remedy you have under the Australian Consumer Law or another law that cannot be excluded.

Plans and trial

Canory offers Free and Pro plans for artists and studios. Your first Pro subscription includes a 30-day trial and requires a valid payment method. The checkout page shows the selected plan, billing currency, price, billing interval, and tax treatment before you purchase.

Automatic renewal and payment

Unless you cancel before the end of the trial or current billing period, your Pro subscription automatically renews at the monthly or annual interval you selected, and the payment method on file is charged the then-applicable amount. If a payment fails, we may retry it, restrict Pro features, or move the account to an available Free plan.

Cancellation, refunds, and changes

You may cancel at any time through the available account or billing controls. If you cancel during a trial, Pro access ends when the trial ends and you will not be charged for the next period. If you cancel after a paid renewal, Pro access continues until the end of the current paid billing period.

Fees are not prorated or refunded merely because you change your mind, except where a refund, cancellation right, repeat performance, or other remedy is required by law. We will give reasonable advance notice of price increases or materially detrimental subscription changes so you can cancel before they take effect. Your rights under the Australian Consumer Law and other mandatory laws remain unaffected.

Markex and its licensors own Canory's name, branding, product design, software, interfaces, templates, documentation, systems, and other platform intellectual property. These Terms do not transfer those rights to you.

Subject to these Terms, Markex gives you a limited, non-exclusive, non-transferable, revocable right to access and use the Service for your lawful business purposes. This section does not claim ownership of Your Content or user-owned Generated Material.

You may stop using Canory and cancel your account at any time. Cancellation of a paid plan is governed by section 11.

We may restrict, suspend, or terminate access where we reasonably believe you have materially or repeatedly breached these Terms, payment is overdue, your use creates a security or legal risk, or action is required by law. Where reasonable, we will give notice and an opportunity to address the issue, but we may act immediately where necessary to prevent harm.

On termination, your right to use the Service ends. Terms about accrued payments, ownership, disclaimers, liability, indemnity, governing law, and any provisions intended by their nature to survive will continue.

To the maximum extent permitted by law, the Service is provided on an “as is” and “as available” basis. We do not promise that it will always be uninterrupted, error-free, secure, or suitable for every purpose, or that Generated Material will be accurate, unique, appropriate, or free from third-party claims.

You remain responsible for your tattoo business, professional services, client communications, appointments, consent processes, records, published material, regulatory obligations, and decisions made using the Service.

This section does not exclude any guarantee, warranty, term, right, or remedy that cannot lawfully be excluded, including applicable consumer guarantees under the Australian Consumer Law.

Non-excludable rights

Nothing in these Terms excludes, restricts, or modifies rights or remedies that cannot lawfully be excluded, restricted, or modified. This includes consumer guarantees and remedies under the Australian Consumer Law. Where a permitted remedy for a failure can be limited, our liability is limited, at our option, to supplying the affected service again or paying the reasonable cost of having it supplied again.

Other liability limits

To the maximum extent permitted by law, neither party is liable to the other for indirect, incidental, special, or consequential loss, or for lost profits, revenue, goodwill, opportunity, anticipated savings, or data, arising from the Service or these Terms.

To the maximum extent permitted by law, Markex's total aggregate liability arising from the Service or these Terms is limited to the greater of A$100 and the amount you paid Markex for the Service during the 12 months before the event giving rise to the claim.

These limits do not apply to liability that cannot lawfully be limited, including liability for fraud, fraudulent misrepresentation, or wilful misconduct. Some countries, states, and regions do not allow certain exclusions or limitations. In those places, these Terms limit our responsibilities only to the maximum extent permitted by applicable law, and you may have additional rights.

If you use Canory for a business or organisation, you indemnify Markex and its personnel against third-party claims, losses, liabilities, damages, and reasonable legal costs arising from Your Content, your publication or use of Generated Material, your material breach of these Terms, or your infringement of another person's rights or applicable law.

This indemnity applies only to the extent the claim was caused by your acts or omissions, does not apply to the extent caused by Markex, and is subject to rights and liabilities that cannot be excluded under applicable law.

These Terms are governed by the laws of New South Wales, Australia, without regard to conflict-of-law principles. You and Markex submit to the exclusive jurisdiction of the courts of New South Wales and courts entitled to hear appeals from them.

This choice of law and forum does not deprive you of mandatory consumer protections, statutory rights, or access to a court or tribunal in your country or region where those rights or forums cannot lawfully be excluded by contract.

We may update these Terms as the Service or applicable law changes. We will publish the revised Terms with a new effective date. For material changes, we will provide reasonable notice, such as by email, an in-product notice, or asking you to accept the updated Terms.

Your continued use of the Service after revised Terms take effect constitutes acceptance of them, except where applicable law requires another form of consent. Changes do not retrospectively remove accrued rights or remedies.

For general questions, account help, or notices about the Service, email hello@canory.co.

For questions about these Terms, formal legal notices, or copyright and intellectual-property complaints, email legal@canory.co. Please identify the affected material and provide enough detail for us to understand and respond to your notice.

Markex Pty Ltd
ABN 66 680 006 839
New South Wales, Australia