Terms and Conditions
Last Updated: [Insert Date]
These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“User,” “Artist,” “Property Owner,” or “you”) and [Your Company / Website Name] (“Company,” “we,” “us,” or “our”). These Terms govern your access to and use of our augmented reality street art platform, website, mobile applications, software, and related services (collectively, the “Service”).
By accessing, registering for, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must discontinue use of the Service immediately.
1. Eligibility and Legal Capacity
1.1 You must be at least eighteen (18) years of age, or the age of legal majority in your jurisdiction, to use the Service.
1.2 By using the Service, you represent and warrant that you have the legal capacity and authority to enter into these Terms.
1.3 If you are using the Service on behalf of a business or legal entity, you represent that you have authority to bind that entity to these Terms.
2. Account Registration and Security
2.1 Certain features require account registration. You agree to provide accurate, current, and complete information and to keep your account information updated.
2.2 You are solely responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.
2.3 You must notify us immediately of any unauthorized use or suspected breach of security.
3. Description of Services
3.1 The Service enables artists to submit digital artworks for display through augmented reality in real-world locations, including but not limited to building exteriors, public-facing structures, and designated AR zones.
3.2 The Service also enables property owners and landlords to collaborate with us by hosting AR artwork placements on their properties for advertising, artistic, or commercial purposes.
3.3 We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time.
4. Pricing Plans, Fees, and Payments
4.1 Certain features and services are offered through paid pricing plans or usage-based fees, as displayed on our Price Plan page.
4.2 By purchasing a plan, you authorize us or our third-party payment processors to charge your selected payment method.
4.3 All fees are non-refundable unless otherwise expressly stated in writing.
4.4 We reserve the right to change pricing, introduce new fees, or modify plans with reasonable notice.
5. Artist Submissions and Originality Requirements
5.1 All artworks submitted to the Service must be original works created by the submitting artist.
5.2 By submitting artwork, you represent and warrant that:
- You are the sole creator and copyright holder, or
- You possess all necessary licenses, permissions, and rights to submit and monetize the artwork
5.3 Submitted content must not infringe upon any intellectual property, moral rights, privacy rights, or publicity rights of any third party.
6. AI-Generated and AI-Assisted Artwork
6.1 AI-generated or AI-assisted artwork is permitted provided that the artist has meaningfully contributed to the creation process.
6.2 You represent and warrant that:
- You have complied with the terms of any AI tools or platforms used
- You own or have legal rights to all source materials and final outputs
6.3 You acknowledge that you are solely responsible for any legal risks associated with AI-generated content.
7. Content Standards and Prohibited Content
7.1 Users may not submit, display, or promote any content that is:
- Sexual, pornographic, or sexually explicit
- Obscene, offensive, or abusive
- Defamatory, fraudulent, or misleading
- Discriminatory, hateful, or harassing
- Violent or promoting illegal activities
7.2 We reserve the right to remove or restrict access to content that violates these standards at our sole discretion.
8. License Granted to the Company
8.1 By submitting artwork, you grant [Your Company Name] a non-exclusive, worldwide, royalty-free, sublicensable license to:
- Display, reproduce, distribute, and publicly perform the artwork
- Use the artwork in augmented reality experiences
- Promote, market, and advertise the artwork and the Service
- Monetize the artwork through digital and physical products
8.2 This license survives account termination to the extent necessary to fulfill prior sales, promotions, or contractual obligations.
9. Monetization and Revenue Sharing – Artists
9.1 We may monetize submitted artworks through digital experiences, advertising, sponsorships, licensing, and physical merchandise.
9.2 Artists will receive a percentage of net revenue generated from their artworks, as defined by separate artist payout terms or platform guidelines.
9.3 Payment schedules, minimum payout thresholds, and supported payment methods may vary.
9.4 Artists are solely responsible for reporting and paying any applicable taxes.
10. Property Owner and Landlord Collaboration
10.1 Property owners or authorized representatives may permit AR artworks to be displayed on the exterior or visible areas of their properties.
10.2 By participating, you represent and warrant that:
- You own or control the property, or
- You have obtained all necessary permissions and approvals
10.3 Participating property owners may receive a percentage of profits generated from AR advertising or monetized artworks displayed on their property.
10.4 Revenue share percentages, payment terms, and duration will be governed by a separate agreement.
11. Compliance with Laws and Local Regulations
11.1 Users are responsible for ensuring compliance with all applicable laws, zoning regulations, advertising standards, and local ordinances.
11.2 We make no guarantee that AR artwork placement is permitted in all locations.
12. Intellectual Property Rights
12.1 All platform software, technology, branding, and proprietary content are owned exclusively by [Your Company Name].
12.2 Nothing in these Terms grants you ownership rights in our intellectual property.
13. Moderation, Enforcement, and Removal
13.1 We reserve the right to review, approve, reject, or remove any content at any time.
13.2 We may suspend or terminate accounts that violate these Terms without prior notice.
14. Termination of Use
14.1 You may terminate your account at any time.
14.2 We may terminate or suspend access immediately for violations of these Terms.
14.3 Termination does not affect accrued payment obligations or licenses already granted.
15. Disclaimers
15.1 The Service is provided on an “as is” and “as available” basis.
15.2 While we take reasonable care in operating the Service, we do not warrant that the Service will be uninterrupted, secure, or error-free.
15.3 Augmented reality content is location-based and may be affected by device limitations, GPS accuracy, network coverage, lighting conditions, or physical surroundings.
15.4 The Company does not guarantee visibility, engagement levels, footfall, advertising performance, or commercial outcomes for any artwork or placement.
16. Limitation of Liability
16.1 Nothing in these Terms shall limit or exclude liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation, or any liability that cannot be excluded under UK law.
16.2 Subject to clause 16.1, the Company shall not be liable for any indirect, incidental, consequential, or special damages, including loss of profits, revenue, data, or goodwill.
16.3 The Company’s total aggregate liability arising out of or in connection with the Service shall be limited to the greater of:
- The total fees paid by you to the Company in the twelve (12) months preceding the claim, or
- \£100 (one hundred pounds sterling)
17. Indemnification
You agree to indemnify and hold harmless [Your Company Name] from any claims, damages, losses, or expenses arising from your content, conduct, or violation of these Terms.
18. Governing Law and Dispute Resolution
18.1 These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of England and Wales.
18.2 The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms, subject to any mandatory consumer protections under UK law.
18.3 Nothing in this section limits the Company’s right to seek injunctive or equitable relief in any jurisdiction.
18A. Enterprise Clients and Bespoke Agreements
18A.1 Enterprise customers, including brands, municipalities, developers, and large property portfolios, may be subject to bespoke commercial agreements that supersede these Terms where expressly stated.
18A.2 In the event of a conflict between these Terms and an executed enterprise agreement, the enterprise agreement shall prevail.
19. Changes to These Terms
We reserve the right to update these Terms at any time. Continued use of the Service constitutes acceptance of the revised Terms.
20. Contact Information
For questions regarding these Terms, please contact:
Email: [Your Contact Email]
Website: [Your Website URL]
Supplemental Platform Policies and Agreements
The following sections form an integral part of these Terms and apply where relevant.
21. Artist Agreement (Supplemental Terms)
21.1 Artist Role and Status
Artists submit artwork as independent contractors and not as employees, partners, or agents of the Company.
21.2 Artwork Review and Approval
All submitted artworks are subject to review and approval. Approval does not guarantee placement, monetization, or continued availability.
21.3 Revenue Calculation
Artist revenue is calculated as a percentage of net revenue, defined as gross revenue less platform fees, transaction costs, taxes, refunds, and third-party expenses.
21.4 Payment Timing
Payments are issued according to the platform’s payout schedule and may be withheld until minimum payout thresholds are met.
21.5 Removal of Artwork
Artists may request removal of their artwork; however, removal does not affect completed sales, active licenses, or existing promotional uses.
22. Property Owner Agreement (Supplemental Terms)
22.1 Authorization and Control
Property owners confirm they have full authority to permit AR artwork placement and advertising.
22.2 No Physical Alteration
AR artwork does not constitute physical modification of property. The Company is not responsible for third-party interpretations or disputes.
22.3 Revenue Share
Property owners may receive a percentage of profits generated from AR placements, subject to a separate written agreement.
22.4 Termination of Participation
Either party may terminate participation subject to notice requirements and existing contractual obligations.
23. Advertising, Sponsors, and Brand Content
23.1 The Service may include paid advertising, brand partnerships, sponsorships, and enterprise campaigns.
23.2 All advertising content must comply with UK advertising laws, the CAP Code, and ASA guidance, including rules on transparency, disclosures, and prohibited products.
23.3 The Company reserves the right to reject, modify, or remove advertising content that poses legal, reputational, or regulatory risk.
23.4 Sponsored AR experiences may be labelled as “Sponsored” or “Advertisement” where required by law.
24. NFT and Blockchain-Related Content
24.1 The Service may support NFTs or blockchain-based representations of artwork.
24.2 Blockchain transactions are irreversible, and users assume all associated risks.
24.3 The Company does not guarantee token value, market availability, or resale opportunities.
25. DMCA and Copyright Infringement Policy
25.1 We respect intellectual property rights and comply with applicable copyright laws.
25.2 Claims of infringement must include identification of the copyrighted work, alleged infringing material, and proof of ownership.
25.3 We reserve the right to remove content and terminate repeat infringers.
26. Plain-Language Summary (Non-Binding)
This platform allows artists to showcase AR artwork and earn money, property owners to earn income from hosting AR placements, and brands to advertise using AR. All participants must own their content, follow content rules, and comply with local laws. The Company manages the platform, takes a percentage of revenue, and reserves moderation rights.
This summary is provided for convenience only and does not replace the legally binding Terms.
27. Jurisdiction-Specific Compliance (United Kingdom)
27.1 Users operating in the United Kingdom must comply with all applicable UK laws and regulations, including but not limited to:
- The Consumer Rights Act 2015
- The UK GDPR and Data Protection Act 2018
- The Copyright, Designs and Patents Act 1988
- Advertising Standards Authority (ASA) and CAP Code requirements
- Local council, planning, and zoning regulations
27.2 Artists and advertisers are solely responsible for ensuring that AR artworks and advertising content comply with UK advertising, consumer protection, and intellectual property laws.
27.3 Property owners are responsible for ensuring participation does not breach lease terms, planning permissions, conservation area restrictions, or listed building requirements.
27A. Data Protection and Privacy (UK GDPR)
27A.1 The Company processes personal data in accordance with the UK GDPR and Data Protection Act 2018.
27A.2 Users acknowledge that personal data may be processed for account management, payments, analytics, fraud prevention, and legal compliance.
27A.3 Full details are set out in the Company’s Privacy Policy, which forms part of these Terms.
28. Entire Agreement
These Terms constitute the entire agreement between you and the Company and supersede all prior agreements.
29. Severability
If any provision is found unenforceable, the remaining provisions remain in full force.
30. Waiver
Failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Enterprise & Platform Supplemental Agreements
The following sections apply in addition to the Terms above and are designed for enterprise-scale operations.
31. Standalone Artist Agreement (Enterprise-Level)
31.1 Independent Contractor Status
Artists act as independent contractors. Nothing in these Terms creates an employment, partnership, or joint venture relationship.
31.2 Exclusivity
Unless otherwise agreed in writing, artwork submissions are non-exclusive.
31.3 Moral Rights Waiver (UK)
To the extent permitted by law, artists waive moral rights under the Copyright, Designs and Patents Act 1988 in relation to platform use, marketing, and modification required for AR display.
31.4 Brand & White-Label Use
Artists acknowledge that their artwork may be incorporated into white-label AR campaigns for brands, subject to revenue sharing where applicable.
32. Property Owner / Landlord Agreement (Enterprise-Level)
32.1 Commercial Use Consent
Property owners expressly consent to commercial AR advertising and sponsored content being displayed on their property.
32.2 No Physical Trespass
AR placements do not grant physical access rights to the public or the Company.
32.3 Indemnity
Property owners agree to indemnify the Company against claims arising from lack of authority or property disputes.
33. Privacy Policy Summary (UK GDPR)
33.1 Personal data is processed lawfully, fairly, and transparently.
33.2 Data subjects retain rights including access, rectification, erasure, restriction, portability, and objection.
33.3 Data may be shared with enterprise partners strictly for campaign delivery and analytics.
34. AR Public Safety and Real-World Interaction Disclaimer
34.1 Users must remain aware of their surroundings when accessing AR content.
34.2 The Company is not responsible for accidents, injuries, or damages resulting from user distraction.
34.3 AR content does not encourage trespass, unsafe behaviour, or interference with public infrastructure.
35. Insurance and Risk Allocation
35.1 The Company maintains appropriate commercial insurance where commercially reasonable.
35.2 Artists and property owners are responsible for maintaining their own insurance coverage.
35.3 Enterprise partners may be required to provide proof of insurance.
36. Council, Municipality, and Public Authority Partnerships
36.1 Collaborations with councils or public bodies are subject to separate agreements.
36.2 Public-sector requirements, accessibility standards, and transparency obligations may apply.
37. White-Label AR Campaigns for Brands
37.1 The Company may provide white-label or co-branded AR experiences for enterprise clients.
37.2 White-label campaigns may involve custom UI, branding removal, or bespoke analytics.
37.3 The Company retains ownership of underlying AR technology unless otherwise agreed.
37.4 Brand clients are responsible for compliance with advertising and consumer laws.
38. Conflict Priority
In the event of conflict between these supplemental sections and any enterprise agreement, the enterprise agreement shall prevail.