Terms of Use

These Terms of Use (“Terms”) are an agreement between you and ArtScan AI LLC (“ArtScan,” “we,” “us,” or “our”) and govern your access to and use of the ArtScan mobile application, website, cloud features, and related services (collectively, the “Services”).

By creating an account, purchasing a subscription, or otherwise accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services.

For the iOS application, the Apple Standard End User License Agreement separately governs your license to ArtScan. These Terms supplement that agreement and govern ArtScan’s accounts, subscriptions, cloud features, content, and related services. If there is a conflict concerning the license to the iOS application, the Apple Standard End User License Agreement controls. Otherwise, these Terms control to the maximum extent permitted by law.

Our Privacy Policy explains how ArtScan handles personal information. By using the Services, you acknowledge that you have reviewed the Privacy Policy.

You must be at least 13 years old or the higher minimum age required in your country to use the Services.

If you are not legally able to enter into a binding agreement, you may use the Services only with the authorization and supervision of a parent or legal guardian who agrees to these Terms.

You may not use the Services if applicable law prohibits you from doing so.

ArtScan provides tools for identifying, researching, organizing, storing, and exploring artwork. Features may include automated analysis, artwork information, personal collections, cloud functionality, location-related features, and other tools.

Some features require an ArtScan account, active subscription or trial, compatible device, internet connection, or permission to access device functionality.

Features may vary by device, operating system, location, subscription, or app version. We may add, modify, limit, or discontinue features as the Services develop, subject to applicable law.

You agree to provide accurate information and keep it reasonably current.

You are responsible for:

• Protecting access to your device and sign-in account
• Activity performed through your ArtScan account
• Notifying us promptly if you suspect unauthorized access
• Ensuring that your use complies with these Terms

You may not sell, transfer, rent, impersonate, or improperly share an ArtScan account.

Signing out is not the same as deleting your account.

Some features require an automatically renewing subscription or a one-time purchase, as displayed in the app.

The subscription duration, price, trial period, renewal terms, and included features are displayed before purchase. The information shown in the purchase interface at the time of purchase controls your particular subscription.

Subscriptions automatically renew unless cancelled through the store where you purchased them before the end of the current subscription period. For Apple App Store subscriptions, cancel at least 24 hours before the renewal date. For Google Play subscriptions, cancel before the next renewal shown in Google Play.

Payment is charged through your Apple Account on iOS or your Google Play payment method on Android. The relevant store processes payment and provides subscription management and cancellation controls. Refund requests are subject to that store’s policies and applicable law.

A free or discounted trial may automatically convert to a paid subscription unless cancelled before the trial ends. Eligibility for introductory offers may be determined by the Apple App Store or Google Play, as applicable.

You can manage or cancel a subscription through your Apple Account subscription settings or Google Play subscriptions, depending on where you purchased it. Deleting ArtScan, signing out, or deleting your ArtScan account does not automatically cancel an active subscription.

Refund eligibility is governed by applicable law and the policies of the store that processed the purchase. For Apple purchases, request a refund through Apple. For Google Play purchases, use Google Play’s refund process or contact ArtScan support.

We may change subscription prices or features subject to advance notice, the applicable store’s requirements, and applicable law.

ArtScan may provide cloud backup, synchronization, storage, and restoration features.

Cloud services are provided as a convenience and are not a substitute for maintaining your own copies of important photographs or information. Although we take reasonable steps to operate these features reliably, we do not guarantee that every upload, synchronization, backup, download, or restoration will complete successfully.

You are responsible for reviewing your library and maintaining appropriate copies of important content.

New cloud uploads may require an active paid subscription or trial. If a subscription is cancelled, access ordinarily continues through the remaining paid or trial period.

After paid or trial access expires, existing cloud content may remain available for viewing or restoration for up to 180 days. Resubscribing during this period may stop scheduled deletion. If access is not restored during the recovery period, the cloud content is scheduled for permanent deletion.

Content stored locally on your device is handled separately and is not automatically deleted when cloud access expires.

Account deletion, cloud expiration, and subscription cancellation are separate actions.

ArtScan uses automated and AI-assisted technologies to provide artwork identification and related information.

Results may be incomplete, outdated, or incorrect. Similar-looking artworks, image quality, lighting, labels, reproductions, missing information, and other factors may affect results.

ArtScan does not authenticate artwork and does not provide professional opinions concerning:

• Attribution
• Provenance
• Originality
• Ownership
• Condition
• Authenticity
• Market value
• Legal status

ArtScan is not an appraisal, conservation, insurance, tax, investment, authentication, or legal service.

You should consult an appropriately qualified professional before buying, selling, insuring, donating, restoring, transporting, or making another important decision concerning an artwork.

You are responsible for decisions made using information provided by ArtScan.

“User Content” means photographs, text, notes, collection information, comments, posts, and other material you submit, import, save, or publish through the Services.

You retain any ownership rights you have in your User Content.

You grant ArtScan a limited, worldwide, non-exclusive, royalty-free license to host, store, reproduce, transmit, format, and process User Content as reasonably necessary to:

• Provide features you request
• Maintain and secure the Services
• Synchronize, back up, and restore your content
• Investigate technical or security problems
• Comply with law and enforce these Terms

This limited license includes using scan-derived artwork information for discovery features described in our Privacy Policy.

This license does not transfer ownership of your User Content to ArtScan.

You also authorize ArtScan to permit service providers acting on its behalf to exercise these limited rights solely as necessary to provide services to ArtScan and operate the Services.

You represent that:

• You have the rights and permissions necessary to submit the User Content
• ArtScan’s permitted processing will not violate another person’s rights
• Your User Content and use of the Services comply with law
• You will not submit harmful, deceptive, unlawful, or infringing material

Please do not submit photographs containing people, identification documents, financial information, health information, or other sensitive personal information.

Content you intentionally publish through a public or community feature may be visible to other users or the public.

For public User Content, you grant ArtScan a non-exclusive, worldwide, royalty-free license to host, display, reproduce, distribute, and format that content within the Services. This license continues until the content is deleted, subject to reasonable backup cycles, legal obligations, and copies independently saved or shared by others.

You are responsible for public content you submit.

We may review, restrict, remove, or refuse content that we reasonably believe:

• Violates these Terms
• Is unlawful, harmful, deceptive, or abusive
• Infringes another person’s rights
• Threatens security or service reliability
• Exposes ArtScan or others to legal risk

We are not required to monitor every submission and do not endorse content posted by users.

ArtScan AI LLC and its licensors own the Services and ArtScan’s software, designs, branding, interfaces, databases, organization, functionality, and related intellectual property.

Ownership of individual artworks, third-party images, factual information, and other third-party material remains with the applicable rights holders.

Subject to these Terms, ArtScan grants you a limited, personal, revocable, non-exclusive, non-transferable license to use the Services for their intended purposes.

No other rights are granted.

“ArtScan,” the ArtScan name, logos, designs, and related branding are owned by ArtScan AI LLC and may not be used without written permission.

Except where applicable law expressly permits otherwise, you may not:

• Copy, modify, distribute, sell, sublicense, or create derivative works from the Services
• Reverse engineer, decompile, disassemble, or attempt to discover source code
• Attempt to discover or extract ArtScan’s models, prompts, methods, systems, or internal processes
• Scrape, crawl, index, harvest, or systematically extract content or results
• Build a separate database using ArtScan content or results
• Use automated systems to access the Services without written permission
• Use ArtScan or its outputs to develop, train, test, evaluate, or improve a competing product or service
• Conduct or publish competitive benchmarking without written permission
• Copy or imitate ArtScan’s interface, organization, presentation, or branding
• Circumvent subscriptions, access controls, usage limits, or security measures
• Attempt to gain unauthorized access to accounts, systems, or information
• Introduce malware, harmful code, excessive requests, or other interference
• Misrepresent ArtScan results as professional authentication or appraisal
• Impersonate another person or misrepresent an affiliation with ArtScan
• Use the Services to violate law or another person’s rights
• Use the Services to harass, threaten, exploit, or harm another person
• Resell or commercially exploit the Services without written permission

We may investigate suspected violations and take reasonable steps to protect the Services and others.

You are responsible for following all photography, recording, admission, copyright, visitor, and device-use rules established by museums, galleries, cultural institutions, private owners, and other locations.

ArtScan does not authorize photography, recording, reproduction, or distribution where it is prohibited.

Your ability to capture an image using ArtScan does not mean that you have permission to photograph, reproduce, publish, sell, or otherwise use the artwork.

The Services may display or rely on information, images, maps, links, websites, data, or services supplied by third parties or public sources.

ArtScan does not guarantee the accuracy, completeness, ownership, legality, quality, availability, or continued availability of third-party material.

References to artists, museums, collections, organizations, businesses, products, or services do not imply endorsement, sponsorship, affiliation, authorization, or verification.

Your use of third-party services may be subject to separate terms and privacy policies.

We respect intellectual-property rights and may remove or restrict content that we reasonably believe infringes those rights.

If you believe content available through ArtScan infringes your copyright or other intellectual-property rights, email support@artscan.app with the subject line “Copyright Notice” and include:

• Your name and contact information
• Identification of the protected work
• Identification and location of the allegedly infringing material
• A statement that you have a good-faith belief that the disputed use is not authorized by the rights holder, its agent, or the law
• A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the rights holder or authorized to act for the rights holder
• Your physical or electronic signature

We may forward a complaint to the person who submitted the affected content where appropriate.

Submitting a knowingly false claim may result in liability.

If you provide suggestions, ideas, reviews, or other feedback about ArtScan, you grant ArtScan AI LLC a worldwide, perpetual, irrevocable, royalty-free right to use that feedback without restriction or compensation.

This does not give ArtScan ownership of photographs or other private content merely because the content was processed through the Services.

We may update, improve, modify, suspend, or discontinue parts of the Services.

We do not guarantee that a particular feature, integration, design, result, or type of content will remain available permanently.

Material changes affecting paid services remain subject to applicable law and the relevant store’s requirements.

We are not liable for delays or failures caused by circumstances reasonably outside our control, including internet failures, infrastructure outages, natural disasters, government actions, labor disputes, security incidents, or failures of third-party systems.

We may suspend, restrict, or terminate access when we reasonably believe:

• You violated these Terms
• You misused the Services
• Payment or subscription access is invalid
• Your conduct threatens security or reliability
• You infringed another person’s rights
• We are required to act by law
• Your continued access creates material risk to ArtScan or others

Where appropriate, we may provide notice or an opportunity to correct the issue. We may act immediately when reasonably necessary to protect the Services, users, ArtScan, or others.

You may stop using the Services at any time. You may initiate account deletion through the account settings in the app.

Termination does not automatically cancel an App Store or Google Play subscription. You must cancel the subscription separately through the store where you purchased it.

Sections that by their nature should survive termination—including intellectual-property, disclaimer, liability, indemnification, dispute, and miscellaneous provisions—will remain effective.

Our Privacy Policy explains how ArtScan collects, uses, discloses, retains, and protects personal information.

The Privacy Policy is available at:
https://artscan.app/privacy

Privacy rights provided by applicable law are not waived by these Terms.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

ARTSCAN AI LLC AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AVAILABILITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT.

WE DO NOT WARRANT THAT:

• THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE
• CONTENT OR RESULTS WILL BE ACCURATE, COMPLETE, CURRENT, OR RELIABLE
• CONTENT WILL ALWAYS BE STORED, BACKED UP, OR RECOVERABLE
• ERRORS OR DEFECTS WILL BE CORRECTED
• THE SERVICES WILL MEET YOUR PARTICULAR REQUIREMENTS
• ANY ARTWORK IDENTIFICATION, DESCRIPTION, ATTRIBUTION, LOCATION, IMAGE, OR OTHER RESULT WILL BE CORRECT

Some jurisdictions do not allow certain warranty exclusions. In those jurisdictions, these exclusions apply only to the maximum extent permitted by law.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARTSCAN AI LLC AND ITS OWNERS, AFFILIATES, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

THIS INCLUDES DAMAGES ARISING FROM:

• LOST PROFITS, REVENUE, OPPORTUNITIES, OR GOODWILL
• LOST, DAMAGED, DISCLOSED, OR UNAVAILABLE DATA
• SERVICE INTERRUPTIONS OR ACCOUNT RESTRICTIONS
• RELIANCE ON AN INCORRECT OR INCOMPLETE RESULT
• THE PURCHASE, SALE, INSURANCE, DONATION, RESTORATION, TRANSPORTATION, MISIDENTIFICATION, DAMAGE, OR LOSS OF ARTWORK
• CONDUCT OR CONTENT OF ANOTHER USER OR THIRD PARTY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARTSCAN AI LLC’S TOTAL LIABILITY ARISING FROM OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF:

1. THE AMOUNT YOU PAID FOR THE SERVICES DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR
2. US $100.

These limitations apply regardless of the legal theory and even if ArtScan was advised that damages were possible.

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited, including liability for fraud, willful misconduct, or other liability protected by applicable law.

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless ArtScan AI LLC and its affiliates, officers, employees, contractors, licensors, and service providers from claims, liabilities, losses, damages, judgments, costs, and reasonable legal fees arising from:

• Your User Content
• Your unlawful or unauthorized use of the Services
• Your material violation of these Terms
• Your violation of another person’s intellectual-property, privacy, or other rights
• Your fraud, willful misconduct, or misuse of the Services

This section does not require indemnification for claims caused by ArtScan’s own unlawful conduct and applies only to the extent permitted by applicable law.

This section applies only to the iOS application distributed through Apple’s App Store.

You and ArtScan acknowledge that these Terms are between you and ArtScan AI LLC, not Apple Inc. ArtScan, not Apple, is responsible for the Services and their content.

Apple has no obligation to provide maintenance or support for ArtScan.

If the application fails to conform to an applicable warranty, you may notify Apple, and Apple may refund the purchase price paid for the application, if any. To the maximum extent permitted by law, Apple has no other warranty obligation concerning ArtScan.

ArtScan, not Apple, is responsible for addressing claims relating to the application or your possession or use of it, including product-liability, legal-compliance, and consumer-protection claims.

ArtScan, not Apple, is responsible for investigating, defending, settling, and resolving claims that the application infringes another person’s intellectual-property rights.

You must comply with applicable third-party terms when using ArtScan.

You represent that you are not located in a country or region subject to a United States government embargo or designated as supporting terrorism and that you are not listed on a United States government restricted-party list.

Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce the Apple-specific provisions against you.

These Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles.

To the extent permitted by law, any dispute that is not resolved informally will be brought exclusively in the state or federal courts located in Albany County, New York, and you and ArtScan consent to those courts’ jurisdiction.

Before filing a legal claim, you and ArtScan agree to make a reasonable, good-faith effort to resolve the dispute informally. A notice to ArtScan should be sent to support@artscan.app with the subject line “Legal Notice.”

Nothing in this section limits mandatory consumer rights or your right to bring a claim in another location when applicable law does not permit the location requirement above.

These Terms, the Apple Standard End User License Agreement where applicable, and any purchase terms displayed to you form the agreement concerning your use of the Services.

If a provision is found unenforceable, it will be limited or removed only to the extent necessary, and the remaining provisions will remain effective.

ArtScan’s failure to enforce a provision is not a waiver.

You may not assign or transfer these Terms without our written permission. ArtScan may assign these Terms as part of a merger, acquisition, financing, corporate reorganization, or sale of assets.

Headings are provided for convenience and do not affect interpretation.

These Terms do not create an employment, agency, partnership, fiduciary, or joint-venture relationship.

We may update these Terms to reflect changes to the Services, business, or law.

We will update the effective date when changes are made. We will provide reasonable notice of material changes. If applicable law requires renewed agreement, we will request it.

Changes apply prospectively from their stated effective date.

ArtScan is operated by:

ArtScan AI LLC
Attn: Legal
418 Broadway, Ste N
Albany, NY 12207
United States

Email: support@artscan.app
Website: https://artscan.app