Terms & Conditions

AGREEMENT TO THESE LEGAL TERMS

We are Art2App Ltd ('Art2App', 'Company', 'we', 'us', or 'our'), a company registered in England and Wales under company number 15074861, with its registered office at 12 Barker Close, Richmond TW9 4ET, United Kingdom.

We operate the website https://www.art2app.com (the 'Site'), as well as any other related products and services that refer or link to these legal terms (the 'Legal Terms') (collectively, the 'Services'). The Services include all Art2App solutions, such as Art2App Collection Manager and Art2App Artist Studio.

You can contact us by email at contact@art2app.com.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ('you'), and Art2App Ltd, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We may update these Legal Terms from time to time. We will notify you of any change in advance, by email or within the Services, and the modified Legal Terms will take effect on the date stated in our notice, which will be at least 14 days after we notify you (and at least 30 days where the change materially reduces your rights). If you do not agree with a change, you may cancel your subscription before it takes effect, as described in section 7. Changes that are required by law, that are favourable to you or that are purely editorial may take effect immediately. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

We recommend that you print a copy of these Legal Terms for your records.

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, text, and graphics delivered by the Services (the 'Content'), as well as the trademarks, service marks, and logos contained therein (the 'Marks').

Any content, data, or materials that you upload, submit, or otherwise provide to our Services ('Contributions', as described in section 9) remain your intellectual property.

The Content and Marks are provided in or through the Services 'AS IS' for your personal, non-commercial use or internal business purpose only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the 'PROHIBITED ACTIVITIES' section below, we grant you a non-exclusive, non-transferable, revocable licence to access the Services.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: contact@art2app.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms. In that case we may, after notifying you and, where the breach can be remedied, giving you a reasonable opportunity to remedy it, suspend or terminate your right to use our Services.

Your submissions

Please review this section and the 'PROHIBITED ACTIVITIES' section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

Submissions: By directly sending us any question, comment, suggestion, idea or feedback about the Services ('Submissions'), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. Submissions do not include the data and content you store in the Services (your Contributions), which remain yours, nor information you send us only to obtain support or to have a request handled, which we use only to deal with that request.

You are responsible for what you post or upload: By sending us Submissions through any part of the Services you:

• confirm that you have read and agree with our 'PROHIBITED ACTIVITIES' and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
• to the extent permissible by applicable law, waive any and all moral rights to any such Submission;
• warrant that any such Submissions are original to you or that you have the necessary rights and licences to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions.

You are solely responsible for your Submissions and you agree to reimburse us for the reasonable losses that we directly suffer because of your breach of (a) this section, (b) any third party's intellectual property rights, or (c) applicable law, except to the extent that those losses are caused by our own breach, negligence or wilful misconduct.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorised purpose; and (7) your use of the Services will not violate any applicable law or regulation.

If you provide any information that 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).

4. USER REGISTRATION

You are required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. PURCHASES AND PAYMENT

We accept the following forms of payment:

• Visa
• Mastercard

We hold the security and privacy of your data and payment information in the highest regard. We are committed to adhering to industry security standards and the latest best practices to ensure the utmost protection of your information. Your credit card details are securely encrypted and handled by Revolut, a trusted, PCI DSS compliant payment gateway and processing provider. This provider also complies with EU legislation, including PSD2, and employs Strong Customer Authentication (SCA), guaranteeing the highest level of security. We do not retain your credit card number on our systems.

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. VAT and any other applicable taxes will be added to the price where required by law. We reserve the right to adjust prices for our services, with any changes limited to an annual increase of the UK Consumer Price Index (CPI) plus 3.9% for the same service. Additional services may be subject to different pricing. All payments shall be in US Dollars, Euros or British Pounds.

You agree to pay all charges at the prices then in effect for your purchases, and you authorise us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. If the correct price is higher than the price you were shown, we will tell you and you may cancel the order and receive a full refund.

We reserve the right to refuse or cancel an order where we reasonably suspect fraud, abuse or a breach of these Legal Terms, or where an order cannot be fulfilled.

Subscription Renewal. Subscriptions are offered on a monthly or annual basis, as selected by you at the time of purchase. Unless cancelled, your subscription will automatically renew at the end of each billing period at the then-current rate for your plan. You may cancel auto-renewal at any time via your account settings.
For monthly subscriptions: Your subscription renews each month. No refund is issued for the current billing period upon cancellation. At least once every six months, we will send you a renewal reminder by email, which may be combined with your monthly invoice for that period.
For annual subscriptions: At the end of your 12-month subscription period, you will receive a renewal notice by email confirming that your subscription is due to renew. No payment will be charged for 14 days following that notice. During this period, you may cancel your subscription at no cost via your account settings, after which no charge will be applied. If no cancellation is made within 14 days of the renewal notice, the annual subscription fee will be processed automatically. Once charged, the annual payment is non-refundable. You will also receive a reminder email approximately 6 months into your annual subscription term and a further reminder approximately 30 days before your renewal date.
If your payment method becomes invalid, the relevant renewal reminder and payment failure alert may be combined in a single communication.

6. FREE TRIAL

We offer a 30-day free trial to new users who register for the Services. No payment method is required for the free trial, and you will not be charged unless you choose to upgrade to a paid plan.
By registering for the free trial and beginning to use the Services, you acknowledge and expressly request that the Services begin immediately. Nothing in these Legal Terms limits any statutory cancellation right that applies when you upgrade to a paid plan. You may cancel at any time during the free trial or before any paid renewal is processed. If you do not upgrade to a paid plan, your account will be automatically deleted from our systems three months after the free trial ends.

In addition to the 30-day free trial, we offer a permanent Free tier subject to the usage limits described on our pricing page. We reserve the right to discontinue the Free tier at our sole discretion. If we do so, we will provide at least 30 days' prior written notice, after which the data retention and deletion provisions of Section 7 will apply. You will be given the option to upgrade to a paid subscription before account deletion.

7. CANCELLATION

Cancellation. You can cancel your subscription at any time via your account settings or by contacting us at contact@art2app.com. For monthly subscriptions, cancellation takes effect at the end of the current billing period. For annual subscriptions, you may cancel free of charge within 14 days of receiving your annual renewal notice, before the payment is processed (see Section 5). Outside of that window, the annual payment is non-refundable.

Data retention after cancellation. Upon cancellation of any paid subscription, your account data will be retained for 30 days to allow for account recovery, after which it will be permanently and automatically deleted from our systems. You may request immediate deletion of all your data at any time by contacting us at contact@art2app.com. You can export your data at any time, including during this 30-day period, using the export features of the Services.

Non-payment. In the event of non-payment persisting for more than three (3) consecutive months, we reserve the right, at our sole discretion, to terminate your subscription and access to the Services. Such termination is not automatic and will be preceded by reasonable notice. Your account data will be automatically deleted three months from the date of the last unsuccessful payment.

Downgrading your plan. Where you downgrade to a subscription plan with lower data or feature limits, certain data exceeding those limits may be permanently deleted. Prior to completing any downgrade, we will clearly inform you of the specific data that would be affected and require your explicit confirmation before proceeding. Downgrade-related data deletion is irreversible.

Plan discontinuation. Where we choose to discontinue a specific subscription plan, existing subscribers on that plan will be permitted to continue on their current plan for as long as the Service remains operational and will not be required to migrate to any alternative plan. You may voluntarily switch to any then-available plan at any time. We will provide at least 30 days' notice of any plan discontinuation.

If you are unsatisfied with our Services, or if you wish to request an immediate deletion of all your data in our system, please email us at contact@art2app.com.

Nothing in sections 5, 6 or 7 affects your statutory rights as a consumer, including any right to cancel or to a refund that cannot be excluded by law.

8. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may be used for your own business or professional activities as permitted by your subscription, but not in connection with any other commercial endeavour except those specifically endorsed or approved by us.

As a user of the Services, you agree not to:

• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
• Make false or defamatory statements about us or the Services.
• Use any information obtained from the Services in order to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorised framing of or linking to the Services.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Delete the copyright or other proprietary rights notice from any Content.
• Attempt to impersonate another user or person or use the username of another user.
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats
• Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
• Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
• Copy or adapt the Services' software, including but not limited to PHP, HTML, JavaScript, or other code.
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorised script or other software.
• Make any unauthorised use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
• Use the Services to compete with us, or resell, sublicense or otherwise make the Services available to third parties, except as permitted by your subscription or with our written consent.
• Sell or otherwise transfer your profile.

9. USER GENERATED CONTRIBUTIONS

The Services allow users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, 'Contributions'). When you create or make available any Contributions, you represent and warrant that:

• The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
• You are the creator and owner of or have the necessary licences, rights, consents, releases, and permissions to use your Contributions in any manner contemplated by the Services and these Legal Terms.
• where required by applicable law, you have the consent, release, and/or permission of each identifiable individual person in your Contributions to use the name or likeness of that person, to the extent necessary to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
• Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
• Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
• Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
• Your Contributions do not violate any applicable law, regulation, or rule.
• Your Contributions do not violate the privacy or publicity rights of any third party.
• Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
• Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
• Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

10. CONTRIBUTION LICENCE

You and the Company agree that we store, process, and use any information and personal data that you provide and your choices (including settings) in order to deliver and support the Services, and as described in section 22.

You grant us a non-exclusive, worldwide, royalty-free licence to host, store, process, reproduce, display and transmit your Contributions solely in order to provide, secure and support the Services to you, including any publication that you choose to make (such as catalogue shares, hosted websites and verification pages), and as described in section 22. This licence ends when you delete the Contributions or close your account, subject to the retention periods in section 7, to routine backups and to section 22 for content you have contributed under (b) of that section.

By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services, and we are not responsible for their content, except where we cause loss through our own breach of these Legal Terms, negligence or wilful misconduct, or where applicable law provides otherwise.

11. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) remove from the Services or otherwise disable files and content that are excessive in size or unreasonably burdensome to our systems, after giving you reasonable notice unless the situation is urgent; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

12. PRIVACY POLICY AND DATA PROCESSING

We care about data privacy and security. Please review our Privacy Policy: https://www.art2app.com/en/privacy. Our Privacy Policy explains how we collect and use your personal data. By using the Services you acknowledge that you have read it; it does not limit any right you have under data protection law.

Where Art2App processes personal data on your behalf in connection with the Services, that processing is also governed by our Data Processing Agreement, available at https://www.art2app.com/en/data-processing-agreement, which describes the roles of the parties, applicable processing terms, and our use of sub-processors.

Please be advised the Services are primarily hosted in the United Kingdom. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United Kingdom, then through your continued use of the Services, you acknowledge that your data may be transferred to and processed in the United Kingdom and, where required for the provision of the Services, in other jurisdictions subject to appropriate safeguards as described in our Privacy Policy and, where applicable, our Data Processing Agreement.

As specified in Section 22, certain collection-related data may be used in an anonymised and non-identifiable manner, or with your agreement through a setting we make available, for the purpose of improving the Services and developing artificial intelligence features.

13. TERM AND TERMINATION

These Legal Terms remain in full force and effect while you use the Services. We may suspend or terminate your access to the Services, or terminate these Legal Terms, if we reasonably believe that: (a) you have materially breached these Legal Terms; (b) you have used the Services in an unlawful, fraudulent, or abusive manner; (c) your use of the Services creates a security, legal, or operational risk for us, the Services, or any third party; or (d) suspension or termination is required by applicable law. Where reasonably practicable, we will provide notice of the suspension or termination.

If your account is suspended or terminated, you must stop using the Services. We may also take appropriate legal action where necessary. If we suspend or terminate your account for a material breach of these Legal Terms, we may prevent you from creating a new account under your own name, a false name, or the name of another person or entity.

If we terminate your account or withdraw the Services other than because of your breach of these Legal Terms, we will refund the fees you have prepaid for the period after the termination or withdrawal.

14. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time at our discretion. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services. We will give you reasonable prior notice of any change that materially affects your plan, its features or its price, and at least 30 days' notice of the discontinuation of a plan or of the Free tier (sections 6 and 7). Subject to this and to applicable law, we will not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services where this is necessary for maintenance, security, legal or technical reasons and, subject to the notice commitments above, for any other reason. To the extent permitted by law, we are not liable for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services, unless it results from our breach of these Legal Terms, negligence or wilful misconduct. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

15. GOVERNING LAW

These Legal Terms and any dispute arising out of or relating to these Legal Terms or the Services are governed by the laws of England and Wales, without regard to conflict-of-law principles. If you are a consumer, nothing in these Legal Terms deprives you of any mandatory rights or protections you may have under the laws of your place of residence.

16. DISPUTE RESOLUTION

The courts of England and Wales will have non-exclusive jurisdiction over any dispute arising out of or relating to these Legal Terms or the Services, except where applicable law allows or requires you to bring a claim in another court. We may also bring proceedings in any court of competent jurisdiction where necessary to protect our legitimate business interests or enforce our rights.

17. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

18. DISCLAIMER

Nothing in this Section 18 excludes or limits any liability that cannot be excluded or limited under applicable law, including our liability for any failure to maintain appropriate security measures to protect your personal data as required by data protection law. THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

19. LIMITATIONS OF LIABILITY

Nothing in these Legal Terms excludes or limits any liability that cannot be excluded or limited under applicable law, including liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence, or any non-waivable consumer rights.

To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, or business opportunities arising out of or related to your use of, or inability to use, the Services. Liability for loss or corruption of data is dealt with in section 21.

To the fullest extent permitted by law, our total liability to you for any claim arising out of or relating to the Services or these Legal Terms will not exceed the greater of (a) the total amount paid by you to us for the Services during the twelve (12) months preceding the event giving rise to the claim and (b) £100. Some jurisdictions do not allow certain limitations or exclusions of liability, so some of the above may not apply to you.

20. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) your use of the Services in breach of these Legal Terms or applicable law; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. This indemnification does not apply to the extent that a claim results from our own breach of these Legal Terms, negligence or wilful misconduct, and it does not limit any right you have under mandatory consumer law.

21. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. To the extent permitted by law, we are not liable for any loss or corruption of any such data, unless it results from our breach of these Legal Terms, negligence or wilful misconduct.

22. USE OF DATA FOR SERVICE IMPROVEMENT AND ARTIFICIAL INTELLIGENCE

We may offer optional artificial intelligence (AI) features within the Services. They are used only when you choose to use them, and you can switch them off at any time through your account settings.

When you use an AI feature, the data you submit to it (such as item details, a photo or a web page address) may be transmitted to trusted third-party AI providers solely for the purpose of delivering the result you request. Such processing is carried out only as necessary to provide the relevant feature and is subject to the safeguards described in our Data Processing Agreement, where applicable. We do not use the content you submit to AI features to train third-party AI models, and we rely on our providers' commitments that it is not used to train their models.

Details regarding the categories of data involved, applicable restrictions on processing, relevant sub-processors or service providers, and any commitments relating to model training or use limitations are described in the Data Processing Agreement and, where relevant, our Privacy Policy.

AI features generate suggestions that may be inaccurate, incomplete or unsuitable. You remain responsible for reviewing them before relying on them, and for the content you submit to these features, including any web page you ask us to read, which you must have the right to use. We do not claim ownership of the suggestions generated for you.

AI features may be subject to usage limits, which can vary and reset periodically. We may adjust, suspend or withdraw an AI feature, for example to maintain the quality, security or availability of the Services.

Separately, we may use data from the Services to improve our own Services and to develop and train our own AI features, so that we can deliver a better service to our customers. We will do so only (a) with anonymised and aggregated data, such as usage statistics, which does not identify you or any individual and cannot reasonably be linked back to you, and (b) with content, such as item records, descriptions and photographs, that you have chosen to contribute for this purpose through a setting that we make available, which is switched off unless you switch it on and which you can switch off again at any time for future use.

You may contribute only content that you have the right to contribute. If you contribute content under (b), you remain its owner and you grant us a non-exclusive, worldwide, royalty-free licence to use it for this purpose. Before any use we remove direct identifiers of individuals and any contact, payment or financial data. We will not use your content for this purpose in any other way, will not sell it, and will not make it available to other customers or third parties in an identifiable form. You may withdraw your contribution at any time; we will then stop using your content for further training, which does not affect models already trained.

Models and features developed in this way are used only to provide and improve the Services. Passwords, payment details and special categories of personal data are never used for this purpose.

Our AI helps you manage your data; it does not create art. The sole purpose of our AI features is to help you manage, document and enjoy your collection or body of work more easily, for example by saving you time on data entry, organisation, search and administrative tasks. We do not develop AI whose purpose is to create, imitate or replace artworks. Whichever route above applies, we will never use your artworks, images, descriptions or any other content to train or improve generative models that produce artworks, images or artistic styles, to imitate your work or style, or to make your work available to any third party for such purposes.

23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You waive any rights or requirements under any laws requiring an original signature or delivery or retention of non-electronic records, except where such waiver is not permitted by applicable law.

By registering for the Services, you agree to receive transactional and service-related emails necessary to operate your account, such as billing confirmations, security alerts, renewal notices, and service messages.

We may also send you marketing emails about product updates and our Services where permitted by applicable law and subject to your communication preferences. You can unsubscribe from marketing emails at any time by using the unsubscribe link in the email or updating your account settings. Opting out of marketing emails will not affect transactional or service-related emails.

Your email address is used solely to communicate with you about the Services and will not be shared with any third party for that third party's own marketing purposes.

24. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign our rights and obligations to others, provided that this does not reduce your rights under these Legal Terms. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You hereby waive any and all defences you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

25. HOSTED WEBSITES, CERTIFICATES AND PUBLIC VERIFICATION

Some subscriptions or add-ons to the Services may include features that publish information to the public, such as hosted websites, certificates and public verification pages. These features are available only where your subscription includes them, as described on our pricing page or within the Services. This section applies to them in addition to the rest of these Legal Terms.

Hosted websites. If you publish a website through the Services, you choose what is made public (such as works, artists, exhibitions, news or press articles), and you can unpublish it at any time. You are responsible for the content you publish, for having the right to publish it, and for complying with applicable law. Published content is visible to anyone, may be copied, cached or indexed by search engines and other third parties outside our control, and may remain available in such copies after you remove it. You grant us a non-exclusive, worldwide licence to host, display and distribute your published content solely to operate your website. You should not publish personal data of other people unless you are entitled to do so. We may change the address of your website where necessary, may suspend or remove published content that we reasonably believe breaches these Legal Terms or the law, and do not guarantee that your website will always be available or ranked in search engines.

Certificates and verification. The Services may let you generate certificates of authenticity and other documents, and a verification link or QR code for a work. These documents are issued by you, on your own responsibility and from the information you provide; they are not issued, certified or guaranteed by Art2App. Art2App does not authenticate, appraise or value any work, does not verify that a work is genuine, and is not a party to any transaction or dispute concerning a work. A certificate or QR code does not by itself prove the authenticity, ownership or condition of a physical object.

Public verification pages. A verification page is accessible to anyone who has its link or QR code and shows the information you have chosen to make available about the work, which may include the artist's name, a photo, the work's details, the status of its certificates and, where applicable, a verified-artist badge. You can regenerate or withdraw a verification link, or revoke or replace a certificate, at any time; this takes effect for the page from that moment, but copies already downloaded or printed remain outside our control. Where we show a 'verified' status for an artist, it only reflects a review by Art2App, based on the information and evidence supplied to us, of the artist's identity or of their public presence at the time of the review; it is not an endorsement or a guarantee of any work, and we may withdraw it if the information proves inaccurate.

You are responsible for the accuracy of the information you provide and publish through these features, and for ensuring that you may lawfully share it, including personal data relating to buyers, owners or other individuals. We may adjust, suspend or withdraw any of these features, for example to prevent misuse or to protect the Services and the people who rely on them.

Reporting illegal content. If you believe that content published through the Services is illegal or infringes your rights, please report it to contact@art2app.com, stating the address of the page, why you consider the content to be illegal or infringing, and your contact details. We will review reports promptly and may remove or disable access to the content concerned.

26. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Art2App Ltd
12 Barker Close
Richmond TW9 4ET
United Kingdom
Email: contact@art2app.com