Welcome to ArtSmart, an AI-powered image generation tool to create visual content for social media, content marketing, and promotions (referred to as the “Services”). This Terms of Service document (referred to as the “Agreement”) outlines the rights of the person accepting these terms (known as the "Customer") regarding the images, logos, and any other materials created using the “Service”.

By accessing or using our application, you agree to be bound by these “Agreement” and our Privacy Policy. If you do not agree with any part of these terms, you may not use our services.

This "Agreement" takes effect at the moment the "Customer" is introduced to this “Agreement” and opts to engage with the “Services”. This "Agreement" may be updated from time to time without notice. By continuing to use the “Services”, the “Customer” agrees to accept and abide by these modified terms.

1. Use of Service

ArtSmart offers functionalities for creating images, avatars, logos, and modifying images, including sharing and exploring content. By connecting with third-party platforms like TikTok, X, Facebook, Pinterest, LinkedIn, etc., ArtSmart enables users to share their content directly with these third-party services.

2. Your Information

While engaging with the “Services”, you could share personal data with ArtSmart, including but not limited to your email address, username, billing details, generated image outcomes, text prompts you submitted, or sample images you upload to the “Service”. Our privacy policy is available for review here.

3. Privacy Mode

Please understand: ArtSmart operates as a collaborative platform, allowing others to access and alter your images and prompts when settings are set to public. By default, all generated images will be available for everyone.

We pledge to diligently avoid disseminating any Assets you generate whenever you've opted for private mode within the Services.

4. Account Security

You are responsible for maintaining the security of your account and promptly informing us of any unauthorized use.

5. Third-Party Services

Our application integrates with third-party services, like TikTok, Linkedin, Instagram, Pinterest Facebook, X, OpenAI, etc., under their respective terms of service. You are responsible for complying with such third-party terms when accessing their services through our application.

6. Termination

ArtSmart has the authority to terminate or restrict your access to the “Services” at any moment and for any reason, including if you attempt to infringe on the intellectual property rights of others, such as copyright, patent, or trademark laws. Violations could lead to severe consequences, including legal actions or a permanent ban from using the “Services”.

We also retain the right to look into any complaints or reported breaches of our “Agreement” and to respond as we see fit. This response may include reporting suspected illegal activities to law enforcement, regulators, or other relevant third parties and sharing necessary information about user profiles, email addresses, usage history, published content, IP addresses, and traffic data with those entities.

7. Disclaimer of Warranties

We continually work to enhance the Services, which means they are always evolving. Changes may include updates to the algorithms that create the Images, as well as the features offered to the Customer. However, we do not guarantee the Services' quality, stability, uptime, or reliability.

Our service is provided "as is," without any express or implied warranties or assurances.

You acknowledge and agree that we will not be held responsible for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, whether incurred by you or any third party.

You bear full responsibility for how you use the service. Should your actions cause harm to another person or lead to a conflict with someone else, we will remain uninvolved.

To the full extent allowed by law, you agree to indemnify and hold harmless our company, its affiliates, and its employees from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) that arise from your use of the Services and Assets or your breach of these “Agreement”.

8. Governing Law

This “Agreement” shall be governed by the USA law without regard to its conflict of law provisions.

Contact Us

For any questions about this “Agreement”, please contact us at cs@artsmart.ai.

ArtSmart
12070 NW Kathleen Dr. or 97229-4718, USA