ArtOnSkins

Welcome to ArtOnSkin Canvas ("ArtOnSkin", "we", "us", or "our"). These Terms and Conditions ("Terms") govern your access to and use of our website, applications, AI-powered tattoo design generation tools, and related services (collectively, the "Service").

Please read these Terms carefully before using our Service. By accessing or using the Service, or by clicking any button that initiates an AI generation process (such as, but not limited to, "Bring My Idea to Life!", "Compare Masterpieces", "Transform My Image!"), you signify that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree with these Terms, you must not access or use the Service.

1. Service Description

ArtOnSkin Canvas provides AI-powered tools to generate conceptual tattoo designs ("Generated Designs") for inspirational, artistic exploration, and conceptualization purposes only. The Service is intended to assist users in visualizing potential tattoo ideas. It is not a substitute for professional tattoo advice, design services from a qualified tattoo artist, or medical advice regarding tattooing.

2. Use of Third-Party AI Models

The Service utilizes advanced generative Artificial Intelligence (AI) models, including but not limited to models provided by Google (e.g., Gemini models via Google AI Studio or Vertex AI) and OpenAI (e.g., DALL·E models). By using the Service, you agree to comply with all applicable third-party AI model provider terms, including their Terms of Service and Acceptable Use Policies. For easy reference:

• OpenAI Acceptable Use Policy (last updated March 2024)
• Google Generative AI Terms (last updated January 2024)

ArtOnSkin Canvas is not responsible for the policies, practices, or content of these third parties. Any violation of their policies is your sole responsibility.

3. User Accounts

To access certain features of the Service, you may be required to create an account. You certify that you are at least 18 years old. You agree to provide accurate, current, and complete information during registration and to update such information as needed. You are responsible for safeguarding your account password and for any activities or actions under your account. You agree to notify us immediately of any unauthorized use of your account.

4. Intellectual Property Rights

4.1. Service and Platform Content: The Service and its original content (excluding Generated Designs and User-Provided Content, if any), features, and functionality are and will remain the exclusive property of ArtOnSkin Canvas and its licensors. The Service is protected by copyright, trademark, and other laws of the United States and foreign countries.

4.2. User-Generated Designs: Subject to your compliance with these Terms and the terms of any third-party AI model providers, we grant you a worldwide, royalty-free, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to reproduce, modify, and share Generated Designs for your personal, non-commercial use only (for example: sharing on social media or discussing with a tattoo artist). This license is strictly for exploring tattoo ideas and is not a transfer of any ownership rights.

4.3. Ownership and Use of AI-Generated Content: The legal landscape regarding ownership of AI-generated content is complex and evolving. While we grant you the limited license above, you acknowledge that the underlying AI models and their weight files are the property of their respective providers (e.g., Google, OpenAI). You are responsible for ensuring your use of Generated Designs complies with all applicable laws and third-party provider terms. We make no representations or warranties regarding your ability to claim copyright or other intellectual property rights in Generated Designs.

4.4. No Commercial Use Without Permission: You may not use Generated Designs for any commercial purpose (e.g., selling designs, incorporating them into merchandise, using them in advertising) without obtaining explicit prior written permission from ArtOnSkin Canvas and, where required, from the relevant AI model provider. Note that if you have a direct license from, for example, OpenAI to use DALL·E 3 outputs commercially, you do not need to re-license those same outputs from ArtOnSkin. To request ArtOnSkin’s permission, contact legal@artonskin.com and allow up to 30 days for a response.

4.5. Attribution: Any public display or distribution of Generated Designs must include attribution to ArtOnSkin (e.g. “Tattoo concept generated by ArtOnSkin Canvas”). Failure to attribute properly may lead to removal of your content or account suspension.

4.6. User-Provided Content: If you upload images or provide textual prompts ("User-Provided Content") to the Service, you retain any ownership rights you have in such content. However, you grant ArtOnSkin Canvas a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, adapt, and display such User-Provided Content solely for the purpose of operating and providing the Service (e.g., to process your image for enhancement).

5. User Responsibilities and Conduct

You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not:

• Generate content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
• Infringe upon the intellectual property rights of others.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service.
• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying algorithms of the Service or the AI models.

5.1. Moderation and Reporting: We reserve the right to review, modify, or remove any User-Provided Content or Generated Designs that, in our sole discretion, violate these Terms or applicable law. You may report abusive or disallowed content by emailing abuse@artonskin.com. Repeat or egregious violations may result in account suspension or termination.

5.2. Age Restriction: By using this Service, you certify you are at least 18 years old. If you are under 18, you may not create an account or use the AI generation tools. We do not knowingly collect personal information from minors.

5.3. Warranty of Rights: By submitting any prompts or images, you warrant that you have all necessary rights (including copyrights, trademarks, and rights of publicity) to use that content. You agree not to generate or upload content that infringes on any third party’s rights.

6. Disclaimers and No Warranties

6.1. For Inspirational and Conceptual Purposes Only: THE GENERATED DESIGNS ARE PROVIDED SOLELY FOR CONCEPTUALIZATION, INSPIRATION, AND VISUAL EXPLORATION. THEY ARE NOT GUARANTEED TO BE UNIQUE, FLAWLESS, OR SUITABLE FOR DIRECT APPLICATION AS A TATTOO WITHOUT PROFESSIONAL ARTISTIC REVIEW AND ADAPTATION.

6.2. "AS IS" and "AS AVAILABLE": THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THOSE DISCLAIMERS MAY NOT APPLY TO YOU. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

6.3. No Guarantee of Accuracy or Results: WE DO NOT WARRANT THAT THE GENERATED DESIGNS WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR THAT THEY WILL MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS. THE QUALITY, STYLE, AND INTERPRETATION OF AI-GENERATED CONTENT CAN VARY SIGNIFICANTLY AND MAY NOT ALWAYS ALIGN WITH YOUR INTENDED VISION.

6.4. Medical and Health Disclaimer: THE SERVICE DOES NOT PROVIDE MEDICAL, DERMATOLOGICAL, OR OTHER HEALTH ADVICE. TATTOOS CARRY INHERENT RISKS (E.G., INFECTION, ALLERGIC REACTION, SCARRING). ALWAYS CONSULT A QUALIFIED HEALTHCARE PROFESSIONAL FOR ANY SKIN OR HEALTH CONCERNS BEFORE GETTING A TATTOO.

6.5. CRITICAL: NO RESPONSIBILITY FOR ACTUAL TATTOO OUTCOME: ARTONSKIN CANVAS IS NOT A TATTOO PARLOR, DOES NOT PROVIDE TATTOOING SERVICES, AND IS NOT AFFILIATED WITH ANY TATTOO ARTISTS OR STUDIOS UNLESS EXPLICITLY STATED. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR ANY DECISION TO GET A TATTOO BASED ON, OR INSPIRED BY, ANY GENERATED DESIGN. ARTONSKIN CANVAS DISCLAIMS ALL LIABILITY AND RESPONSIBILITY FOR THE ACTUAL APPLICATION, EXECUTION, ARTISTIC QUALITY, SAFETY, MEDICAL COMPLICATIONS (INCLUDING ALLERGIC REACTIONS OR INFECTIONS), LONGEVITY, AND FINAL APPEARANCE OF ANY PHYSICAL TATTOO YOU OBTAIN FROM ANY TATTOO ARTIST OR STUDIO, EVEN IF THE IDEA ORIGINATED FROM THIS SERVICE. YOU ASSUME ALL SUCH RISKS.

6.6. MANDATORY CONSULTATION WITH A PROFESSIONAL TATTOO ARTIST: BEFORE PROCEEDING WITH ANY TATTOO BASED ON A GENERATED DESIGN, IT IS YOUR SOLE RESPONSIBILITY TO CONSULT WITH A QUALIFIED, LICENSED, AND EXPERIENCED PROFESSIONAL TATTOO ARTIST. A PROFESSIONAL IS ESSENTIAL TO ADVISE ON DESIGN FEASIBILITY, PLACEMENT, SKIN SUITABILITY, NECESSARY MODIFICATIONS, COLOR CHOICES, SIZING, SAFETY PRECAUTIONS, AFTERCARE, AND POTENTIAL RISKS. GENERATED DESIGNS ARE NOT A SUBSTITUTE FOR A PROFESSIONAL ARTIST’S JUDGMENT.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ARTONSKIN CANVAS, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE (INCLUDING AI MODEL PROVIDERS); (III) ANY CONTENT OBTAINED FROM THE SERVICE, INCLUDING ANY RELIANCE PLACED ON GENERATED DESIGNS; (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; OR (V) ANY DECISION TO OBTAIN, OR THE OUTCOME OF, A PHYSICAL TATTOO, WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU ACTUALLY PAID TO ARTONSKIN CANVAS FOR ACCESS TO OR USE OF THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM, OR (B) ONE THOUSAND U.S. DOLLARS ($1,000).

NOTHING IN THESE TERMS SHALL LIMIT LIABILITY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, (II) WILLFUL INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR (III) ANY NON-WAIVABLE CONSUMER RIGHTS UNDER APPLICABLE LAW.

8. Indemnification

You agree to defend, indemnify, and hold harmless ArtOnSkin Canvas and its officers, directors, employees, agents, suppliers, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys’ fees) arising from or relating to: (a) your use of and access to the Service; (b) your breach of these Terms; (c) any User-Provided Content you submit, post, or otherwise make available through the Service; or (d) your violation of any third-party rights, including intellectual property or privacy rights.

9. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

10. Dispute Resolution

Any dispute arising from or relating to these Terms shall be finally settled by binding arbitration in Dover, Delaware, using the English language and conducted under the rules of the American Arbitration Association (AAA) then in effect, by one neutral arbitrator with substantial experience in commercial and intellectual property disputes. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTION LAWSUITS OR CLASS-WIDE ARBITRATION.

11. Changes to Terms

We reserve the right to modify or replace these Terms at any time. If we make a material change, we will provide at least 30 days’ notice by sending an email to your registered address or posting a prominent notice on our homepage. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised Terms.

12. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, for any reason, including but not limited to a breach of these Terms. If you are a paying subscriber, we will provide you at least 30 days’ notice and an opportunity to cure any material breach before termination.

If you wish to terminate your account, you may discontinue using the Service or contact us at support@artonskin.com to request account deletion. Upon termination or deletion request, we will delete your personal data within 30 days, except to the extent retention is required by law.

13. Contact Information

If you have any questions about these Terms, please contact us at: legal@artonskin.com.

You may also write to us at:

14. Severability and Waiver

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full force and effect. The failure of ArtOnSkin Canvas to enforce any right or provision of these Terms will not be considered a waiver of those rights.

15. Entire Agreement

These Terms, together with the Privacy Policy (https://artonskin.com/privacy, last updated June 1, 2024), constitute the entire agreement between you and ArtOnSkin Canvas regarding the Service and supersede and replace any prior agreements we may have had.