Terms of Use

Welcome to ArtSnap. These Terms of Use govern your access to and use of the ArtSnap mobile application, the ArtSnap CMS (our web-based platform for museum and event partners), and the artsnap.ai website (collectively, "the Platform"). By accessing or using the Platform, you agree to be bound by these Terms of Use. Please read them carefully before use.

1. Acceptance of Terms

By downloading, installing, or using ArtSnap, you accept and agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree to these terms, please do not use the Platform. These terms constitute a legally binding agreement between you and ArtSnap.

2. Use License

ArtSnap grants you a limited, non-exclusive, non-transferable, revocable license to use the mobile application for personal, non-commercial purposes, subject to the following restrictions:

You may not:

• Modify, copy, or create derivative works of the app materials
• Use the app for any commercial purposes or public display without authorization
• Attempt to decompile, reverse engineer, or disassemble the software
• Remove any copyright, trademark, or other proprietary notations from the app
• Transfer the materials to another person or mirror the app on other servers
• Use the app in any way that violates applicable laws or regulations
• Use automated systems or software to extract data from the app (scraping)

This license shall automatically terminate if you violate any of these restrictions and may be terminated by ArtSnap at any time.

3. Museum and Event Activations

Some features require activation codes provided via NFC technology or entered manually. These activation codes are provided at the discretion of individual museums, cultural institutions, and event organizers. ArtSnap does not guarantee the availability of activations at all museums or events. Activation policies, availability, and features may vary by partner. Museums and event organizers reserve the right to enable or disable ArtSnap features at their venues at any time.

4. User Content and Conduct

When using ArtSnap, you agree to:

• Use the Platform only for lawful purposes and in compliance with all applicable laws
• Respect museum and event rules, regulations, and photography policies while scanning artworks
• Not interfere with, disrupt, or damage the Platform, servers, or networks
• Not attempt to gain unauthorized access to any part of the service, other accounts, or computer systems
• Not use the Platform to harass, abuse, or harm others
• Not impersonate any person or entity or misrepresent your affiliation
• Not use the Platform to distribute spam, malware, or harmful content

5. Intellectual Property

The Platform and its original content, features, and functionality are owned by ArtSnap and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

Artwork information, descriptions, images, and metadata are sourced from museums, public databases, licensed content providers, and generated using artificial intelligence. All artwork remains the intellectual property of the respective artists, museums, estates, and rights holders. Use of artwork information is intended for personal, educational purposes only.

6. Use of Third-Party Content and Artwork Images

ArtSnap may display, reference, or link to artworks, images, metadata, or other materials originating from third-party museums, collections, archives, or online platforms ("Third-Party Content"). ArtSnap does not claim ownership of any Third-Party Content and does not host, copy, or reproduce such content unless one of the permitted conditions below applies.

Licensing and Permitted Use

ArtSnap may display or use Third-Party Content only under one or more of the following conditions:

Links to External Sources

Where ArtSnap does not hold the rights to display images directly, we may provide links that redirect users to the official website of the museum or online collection hosting the artwork.

• Accessing these links is optional and governed by the third party's own Terms of Use and Privacy Policy
• ArtSnap is not responsible for the availability, accuracy, or legality of Third-Party Content accessed through external links

User-Submitted Content

If users upload or submit any text, image, or other materials to ArtSnap, the user confirms that:

• They hold all necessary rights or permissions to use such materials
• The content does not infringe copyright, trademarks, or other rights of third parties
• They grant ArtSnap permission to process, transform, and analyze the content as part of the Platform's functionality

Users are solely responsible for any legal consequences resulting from unauthorized use of copyrighted materials.

Requests by Rights Holders

If any rights holder believes that ArtSnap displays or links to content that violates their intellectual property rights, they may contact us. ArtSnap will review the request and remove or disable the material where appropriate and legally required.

7. Third-Party Services

ArtSnap integrates with various third-party services to provide functionality. These services may change over time as technology evolves and we improve our offerings. Current third-party services include, but are not limited to:

• AI Content Providers: Including but not limited to OpenAI, Anthropic, and other AI model providers for generating artwork descriptions, artist biographies, and other AI-powered features
• Cloud Infrastructure Providers: Including but not limited to Amazon Web Services (AWS) and other cloud providers for hosting, data storage, content delivery, and backend services
• Museum Data Sources: Museum APIs, databases, and public collections for artwork information and metadata
• Payment Processors: Payment gateways and billing services for processing in-app purchases and subscriptions
• Analytics and Monitoring Services: For Platform performance, error tracking, and usage analytics

These third-party services have their own terms of service and privacy policies. By using ArtSnap, you acknowledge and agree that:

• Your data may be processed by these third parties in accordance with their respective policies
• We may add, remove, or change third-party providers as needed to improve our service
• We select providers that maintain appropriate security and privacy standards, but we are not responsible for the practices, policies, or actions of these third-party services
• Changes to third-party providers will be governed by our general policy update procedures

8. AI-Generated Content

ArtSnap uses artificial intelligence to generate artwork descriptions and artist biographies. While we strive for accuracy and quality:

• Content is provided for informational and educational purposes only
• AI-generated descriptions may contain errors, inaccuracies, or incomplete information
• We do not guarantee the completeness, accuracy, or reliability of AI-generated content
• Users should verify important information with authoritative sources, museum materials, or art historians
• AI-generated content should not be used as the sole source for academic, professional, or commercial purposes

9. Disclaimers

ArtSnap is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to:

• Implied warranties of merchantability
• Fitness for a particular purpose
• Non-infringement of intellectual property rights
• Accuracy, reliability, or availability of the service
• Security or freedom from viruses or harmful components

We do not warrant that the Platform will be uninterrupted, secure, error-free, or that defects will be corrected. We do not warrant the accuracy or completeness of any content provided through the Platform. Your use of the Platform is at your sole risk.

10. Limitation of Liability

To the maximum extent permitted by applicable law, ArtSnap shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, revenue, or business opportunities
• Loss of data or information
• Loss of use or interruption of service
• Business interruption or operational delays
• Personal injury or property damage
• Costs of procurement of substitute goods or services

In any event, our total liability to you for all claims arising from or related to the Platform shall not exceed the amount you paid for the Platform (if any) in the twelve months preceding the claim. Some jurisdictions do not allow the exclusion or limitation of liability for consequential damages, so this limitation may not apply to you.

11. Changes to Terms

We reserve the right to modify, amend, or update these Terms of Use at any time at our sole discretion. Changes will be effective immediately upon posting on the Platform. Your continued use of ArtSnap after changes are posted constitutes your acceptance of the modified terms. We encourage you to review these terms periodically. Material changes may be communicated via in-app notification or email.

12. Termination

We may terminate or suspend your access to ArtSnap immediately, without prior notice or liability, for any reason, including but not limited to breach of these Terms of Use, violation of applicable laws, or conduct that we deem harmful to other users, us, or third parties. Upon termination, your right to use the Platform will cease immediately. All provisions of these terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.

13. Museum and Event Partnership Pricing Models

ArtSnap offers a partnership-based revenue share model designed to meet the needs of museums, cultural institutions, and events. Current pricing, terms, and availability can be found at https://artsnap.ai/pricing/ and may be adjusted at our discretion to reflect operational costs, market conditions, and service improvements.

Revenue Share Partnership

Zero upfront monthly fees for museums and event organizers. Instead, visitors pay a small fee per visit when using ArtSnap features, with the amount set per partner agreement. This fee is shared between the museum or event partner and ArtSnap according to revenue share percentages defined in the service agreement. This model allows museums and events to provide premium digital visitor experiences without budget constraints.

Revenue share percentages, visitor fees, included features, and usage limits are defined in individual museum or event agreements. Early access or beta programs may offer different revenue share splits for limited periods before transitioning to standard terms.

Revenue share plans include usage limits per visitor per visit to maintain service quality and prevent system abuse.

Pricing Modifications and Updates

ArtSnap reserves the right to modify pricing structures, change revenue share percentages, update visitor fees, update usage limits, or adjust CMS tier offerings at any time. Current museum and event partners with active agreements will be notified at least 30 days in advance of any material pricing changes that affect their existing contracts. Pricing modifications may be implemented to reflect changes in operational costs, third-party AI model pricing, infrastructure expenses, feature enhancements, market conditions, or service improvements. New pricing will apply to renewals and new agreements unless otherwise specified.

Plan and Tier Availability

Revenue share plans and CMS tiers may be modified, renamed, or have limited availability at ArtSnap's discretion. Beta and early access programs may have participant limits. Museums and event partners are advised to review current pricing and available plans at https://artsnap.ai/pricing/ or contact us through the contact form at artsnap.ai for the most up-to-date information and custom proposals.

Payment Terms and Billing

Payment terms are specified in individual service agreements. Revenue share payments are processed on a monthly basis. All fees are denominated in Swiss Francs (CHF) unless otherwise agreed in writing. Payment methods and schedules may vary based on museum or event location and agreement terms. Late payments may result in service suspension or termination.

Cancellation and Termination Policy

Cancellation terms are defined in individual museum or event service agreements. Revenue share agreements may be cancelled with written notice as specified in the agreement. Upon cancellation, museums and event partners typically retain access to features until the end of the current billing period. Early termination fees may apply in certain circumstances.

Current Pricing Information

For current pricing, detailed plan comparisons, feature lists, and custom proposals, please visit https://artsnap.ai/pricing/ or contact our team through the contact form at artsnap.ai. Pricing information on our website is subject to change without notice and should be confirmed before entering into any agreement.

14. Governing Law and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or relating to these terms or your use of the Platform shall be brought exclusively in the competent courts of Switzerland. You consent to the personal jurisdiction of such courts and waive any objection to the venue.

15. Severability

If any provision of these Terms of Use is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these terms unenforceable or invalid as a whole. Such provisions shall be deleted without affecting the remaining provisions herein.

16. Contact Information

If you have questions, concerns, or feedback about these Terms of Use, please contact us:

• Contact Form: artsnap.ai/#contact
• Website: artsnap.ai