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Terms of Service

Last updated: December 2, 2024

1. Agreement to Terms

By accessing or using ArtyPop Shop ("the Service", "we", "us", or "our"), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use the Service. Your continued use of the Service constitutes acceptance of these terms and any future modifications.

2. AI-Generated Content Disclaimer

Important: Our Service utilizes artificial intelligence (AI) technology to generate custom designs and artwork. By using our Service, you acknowledge and agree to the following:

  • No Guarantees: AI-generated content is experimental and unpredictable. We make no guarantees regarding the quality, accuracy, appropriateness, or suitability of any AI-generated designs.
  • Variations Expected: The same prompt or customization options may produce different results each time. Final printed products may vary from digital previews.
  • Errors May Occur: AI systems can produce unexpected, unusual, or potentially offensive content. While we implement content filters, they are not perfect.
  • No Refunds for AI Variations: We do not offer refunds solely because an AI-generated design differs from your expectations or from a previous generation.
  • Multiple Model Generations: When using multi-model generation, you will receive multiple variations from different AI models. You are responsible for reviewing and selecting designs before checkout.

3. Limitation of Liability

PLEASE READ THIS SECTION CAREFULLY:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ARTYPOP SHOP, ITS OWNERS, OPERATORS, AFFILIATES, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR:

  • Any indirect, incidental, special, consequential, punitive, or exemplary damages
  • Loss of profits, revenue, data, goodwill, or other intangible losses
  • Damages resulting from AI-generated content, including but not limited to designs that are unsatisfactory, inappropriate, or offensive
  • Any claims, damages, or losses arising from the use or inability to use the Service
  • Errors, mistakes, or inaccuracies in content, designs, or product descriptions
  • Personal injury or property damage resulting from the use of products purchased through the Service
  • Unauthorized access to or alteration of your data or transmissions
  • Third-party conduct or content on or through the Service

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

4. Assumption of Risk

By using the Service and purchasing products, you expressly acknowledge and assume all risks associated with:

  • AI-generated content and its unpredictable nature
  • Differences between digital previews and physical products
  • Print quality variations inherent in print-on-demand
  • Third-party fulfillment services (including Printful) and their processes
  • Shipping delays, damages, or losses during transit

5. Indemnification

You agree to indemnify, defend, and hold harmless ArtyPop Shop, its owners, operators, officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights, including intellectual property rights; or (d) any content you submit or transmit through the Service.

6. Dispute Resolution & Waiver of Class Action

Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be resolved through binding arbitration, except where prohibited by law. You agree to waive any right to participate in a class action lawsuit or class-wide arbitration against ArtyPop Shop.

Informal Resolution: Before initiating any formal dispute resolution, you agree to first contact us at support@artypop.shop to attempt to resolve the dispute informally. We will attempt to resolve the dispute within 30 days.

7. Intellectual Property

AI-Generated Designs: Ownership of AI-generated designs depends on your selected ownership tier:

  • Personal Tier: You receive a limited, non-exclusive, non-transferable license for personal use only.
  • Creator Tier: You receive expanded rights including the ability to resell and commercialize designs, subject to our Creator Terms.

We retain all rights to the underlying AI technology, algorithms, and systems used to generate designs. You may not reverse engineer, copy, or attempt to extract our AI models or proprietary technology.

8. Product Quality & Returns

Products are manufactured and fulfilled by third-party partners (including Printful). We rely on their quality standards and fulfillment processes.

  • Manufacturing Defects: We will replace or refund products with genuine manufacturing defects (e.g., print errors, fabric flaws) upon verification.
  • No Returns for AI Design Issues: We do not accept returns or provide refunds because you are unsatisfied with an AI-generated design you approved at checkout.
  • Color Variations: Colors may vary between digital displays and printed products. This is normal and not a defect.

9. Prohibited Uses

You agree not to use the Service to:

  • Generate content that is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
  • Infringe on any intellectual property rights of others
  • Attempt to manipulate AI systems to generate prohibited content
  • Use automated systems or bots to access the Service excessively
  • Resell or redistribute products without proper Creator tier licensing
  • Engage in any activity that could harm the Service or other users

10. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting. Your continued use of the Service after any changes constitutes acceptance of the new Terms. We encourage you to review these Terms periodically.

11. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of Delaware, without regard to its conflict of law provisions. You consent to the exclusive jurisdiction of the courts located in Delaware for any disputes not subject to arbitration.

13. Contact Information

For questions about these Terms, please contact us at:

Email: support@artypop.shop

By Using Our Service, You Acknowledge:

  • You have read and understood these Terms of Service
  • You understand the experimental nature of AI-generated content
  • You accept the limitations of liability outlined above
  • You agree to resolve disputes through arbitration
  • You waive any right to participate in class action lawsuits
  • You will not hold ArtyPop Shop liable for AI-related issues