Terms of Service

Last Updated: January 1, 2025

Welcome to ArtArmor. These Terms of Service ("Terms") govern your access to and use of the ArtArmor platform, including our website, applications, and services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, you may not access or use the Service.

1. Definitions

  • "Content" means text, images, videos, vectors, data, software, and other materials.
  • "Generated Content" means Content created using our AI generation tools.
  • "User Content" means Content you upload, submit, or provide to the Service.
  • "Platform" means the ArtArmor service, including all software, tools, and features.

2. Eligibility and Account Registration

You must be at least 18 years old to use the Service. By creating an account, you represent and warrant that:

  • You are at least 18 years of age
  • You have the legal capacity to enter into these Terms
  • All information you provide is accurate, current, and complete
  • You will maintain the security of your account credentials
  • You will promptly notify us of any unauthorized access to your account

You are responsible for all activities that occur under your account.

3. Intellectual Property and Ownership

3.1 Your Rights to Generated Content

Subject to these Terms and provided you are in compliance with all applicable laws and our policies, you own the Generated Content you create using the Service. We provide comprehensive documentation (creative decision logs, watermarks, metadata, certificates) to help you establish ownership.

3.2 License to ArtArmor

You grant ArtArmor a worldwide, non-exclusive, royalty-free license to:

  • Host, store, and display your Content on the Platform
  • Process your Content to provide the Service
  • Display Content you designate as public in your portfolio or galleries
  • Use anonymized, aggregated data for analytics and service improvement

Important: We do NOT use your User Content or Generated Content to train AI models without your explicit consent. Custom model training (LoRA/DreamBooth) is performed exclusively on artwork you upload for that purpose and remains private to your account.

3.3 Platform Rights

ArtArmor and its licensors retain all rights, title, and interest in the Service, including all software, algorithms, branding, and underlying technology. These Terms do not grant you any rights to our intellectual property except as expressly stated.

4. AI-Generated Content and Copyright Considerations

4.1 Copyright Disclaimer

While we provide tools to document your creative decisions and establish ownership, copyright law regarding AI-generated content is evolving. The copyrightability of AI-generated works may vary by jurisdiction and circumstance. We make no guarantees regarding copyright protection and recommend consulting with a legal professional for specific guidance.

4.2 Your Responsibilities

You agree to:

  • Only upload User Content that you own or have rights to use
  • Not generate Content that infringes third-party intellectual property
  • Not attempt to recreate copyrighted works, trademarked brands, or identifiable persons without authorization
  • Comply with all applicable laws regarding copyright and intellectual property
  • Take responsibility for how you use and distribute Generated Content

4.3 Model Training Data

Our AI models are provided by third-party services (Anthropic, Replicate, etc.). We do not control or have visibility into their training data. When you use custom model training features, models are trained exclusively on artwork you upload for that purpose.

5. Acceptable Use Policy

You agree NOT to use the Service to:

  • Generate illegal, harmful, abusive, defamatory, or obscene content
  • Generate content depicting minors in inappropriate contexts
  • Generate content that violates others' intellectual property rights
  • Generate deepfakes, impersonations, or misleading content
  • Harass, threaten, or harm others
  • Distribute malware, spam, or phishing content
  • Circumvent usage limits, security measures, or access controls
  • Reverse engineer, decompile, or attempt to extract source code
  • Use the Service for any unlawful purpose or in violation of these Terms

We reserve the right to remove Content and suspend or terminate accounts that violate this policy.

6. Subscription Plans and Payment

6.1 Plans and Pricing

We offer Free, Individual Pro, and Business Pro subscription tiers with varying features and generation limits. Current pricing and features are available on our website. We reserve the right to modify pricing with 30 days' notice to existing subscribers.

6.2 Billing and Renewal

Paid subscriptions automatically renew unless cancelled. You authorize us to charge your payment method on file for renewal. If payment fails, we may suspend your access until payment is received.

6.3 Cancellation and Refunds

You may cancel your subscription at any time. Cancellations take effect at the end of your current billing period. We do not provide refunds for partial billing periods except as required by law or at our sole discretion.

6.4 Usage Limits

Each plan includes generation limits. Exceeding limits may require an upgrade or result in temporary service restrictions. Unused generations do not roll over to subsequent billing periods.

7. Privacy and Data Protection

Our collection and use of personal information is governed by our Privacy Policy. By using the Service, you consent to our data practices as described therein.

8. Termination and Suspension

We may suspend or terminate your access to the Service at any time for:

  • Violation of these Terms
  • Fraudulent, abusive, or illegal activity
  • Non-payment of fees
  • Prolonged inactivity (Free accounts)
  • Any reason at our sole discretion with notice

Upon termination, your right to use the Service ceases immediately. We will provide reasonable opportunity to export your Content, subject to technical limitations and legal requirements.

9. Disclaimers and Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

We disclaim all warranties, including but not limited to:

  • Warranties of merchantability and fitness for a particular purpose
  • Warranties regarding accuracy, reliability, or availability
  • Warranties that the Service will be uninterrupted or error-free
  • Warranties regarding copyright protection of Generated Content
  • Warranties that AI-generated content meets your expectations or requirements

You use the Service at your own risk. We do not guarantee that Generated Content will be commercially viable, legally protected, or suitable for your intended purpose.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARTARMOR AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

Our total liability for any claims arising from or relating to the Service shall not exceed the greater of (a) $100 or (b) the amount you paid us in the 12 months preceding the claim.

This limitation applies to claims for breach of contract, tort, negligence, strict liability, or any other legal theory, even if we were advised of the possibility of such damages.

11. Indemnification

You agree to indemnify, defend, and hold harmless ArtArmor and its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including legal fees) arising from:

  • Your use of the Service
  • Your User Content or Generated Content
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Your violation of applicable laws or regulations

12. Dispute Resolution and Governing Law

12.1 Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.

12.2 Arbitration Agreement

Any dispute arising from these Terms shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Arbitration shall take place in Delaware.

Class Action Waiver: You agree to resolve disputes on an individual basis only. You waive any right to participate in class actions or class-wide arbitration.

12.3 Exceptions

Either party may seek equitable relief in court for intellectual property infringement, breach of confidentiality, or other matters where arbitration is inappropriate.

13. Changes to These Terms

We may modify these Terms at any time. Material changes will be notified via email or through the Service at least 30 days before taking effect. Your continued use of the Service after changes take effect constitutes acceptance of the modified Terms.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and ArtArmor regarding the Service.

14.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force and effect.

14.3 Waiver

Our failure to enforce any provision shall not constitute a waiver of that provision or any other provision.

14.4 Assignment

You may not assign these Terms without our written consent. We may assign these Terms at any time without notice.

14.5 Contact

For questions about these Terms, contact us at: legal@artarmor.ai

By using ArtArmor, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.