Terms & Conditions

1. Description of ArtShifted

ArtShifted is a creative platform that provides AI-powered tools for:

• Image generation
• Effects & filters
• Image editing
• Video generation and video tools

The Service is designed to help creators, designers, and businesses generate and edit images and videos more efficiently and creatively. We may update, improve, or modify features from time to time.

2. Ownership and Usage Rights

2.1 Service Ownership

All rights, title, and interest in and to the Website and Service (including but not limited to software, code, design, logos, trademarks, interfaces, and underlying models and infrastructure) are owned by ArtShifted and its licensors. These rights are protected by applicable intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service in accordance with these Terms.

2.2 Rights to Generated Content

When you use ArtShifted to generate images, videos, or other outputs ("Generated Content"), and subject to applicable law and any third-party model provider terms:

• You generally obtain a broad right to download, use, and modify the Generated Content for any lawful purpose (including commercial use), provided that you comply with these Terms and applicable laws.
• For any content you upload (e.g., images, videos, prompts, reference assets), you represent and warrant that you have all necessary rights, licenses, and permissions to upload and use that content with the Service.

We may process your prompts, input content, and Generated Content as necessary to provide the Service, maintain logs and usage records, and improve quality, safety, and abuse prevention.

ArtShifted does not guarantee that Generated Content is unique, non-infringing, or free from third-party rights. You are responsible for how you use the outputs and for complying with applicable intellectual property and other laws.

2.3 Acceptable Use and Access Restrictions

You agree that you will:

• Use the Service only through the official Website and interfaces provided by ArtShifted, or through any publicly documented API or integrations that we may provide.
• Not attempt to bypass or interfere with security or rate-limiting mechanisms.

You may not:

• Use scraping, automated tools, or bots to access the Service in a way that is not permitted by us.
• Make direct API calls or automated requests outside of our publicly documented API or approved SDKs.
• Reverse engineer, decompile, or attempt to access underlying models or systems in an unauthorized manner.
• Use the Service to create, upload, or distribute content that is illegal, harmful, defamatory, hateful, infringing, or otherwise violates any law or third-party rights.

We reserve the right to determine, at our sole discretion, whether any use violates these Terms.

3. User Data and Privacy

3.1 Data We Collect

We may collect and store user data necessary to provide and operate the Service, including but not limited to:

• Name and email address
• Account credentials and profile information
• Billing and subscription information (via third-party payment processors)
• Prompts, settings, and usage logs
• Technical and analytics data (e.g., IP, browser, device)

3.2 Privacy Policy

We handle your data in accordance with our Privacy Policy, which forms part of these Terms. You can find it at: https://artshifted.com/privacy.

By using the Service, you acknowledge that you have read and understood our Privacy Policy.

4. Non-Personal Data Collection

We use web cookies and similar technologies to collect certain non-personal or pseudonymous data (such as device information, approximate location, and browsing behavior) to:

• Improve the performance and reliability of the Service
• Enhance user experience (e.g., remembering preferences)
• Analyze usage patterns and optimize features

You may manage cookies through your browser settings, but disabling certain cookies may affect your ability to use some parts of the Service.

5. Disclaimer

5.1 Service Availability

We strive to ensure the availability, reliability, and security of the Service, but we do not guarantee that the Service will be:

• Uninterrupted or error-free
• Free from bugs, vulnerabilities, or delays
• Always available in any specific region or jurisdiction

Service interruptions (for maintenance, updates, or issues with third-party providers) may occur.

5.2 No Warranty on Outputs

ArtShifted uses AI and third-party models. As a result:

• Generated Content may be inaccurate, incomplete, offensive, or otherwise undesirable.
• We do not guarantee any particular result, style, or quality.

You are solely responsible for reviewing and using Generated Content, including checking for legal compliance and fitness for your specific purpose.

The Service and all content are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

5.3 Limitation of Liability

To the maximum extent permitted by law, ArtShifted and its owners, officers, employees, and agents shall not be liable for any direct, indirect, incidental, consequential, special, or exemplary damages arising out of or in connection with:

• Your use or inability to use the Service
• Any Generated Content or user content
• Any actions or omissions of third-party providers

even if we have been advised of the possibility of such damages.

6. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Montana, United States, without regard to its conflict of law principles (or, if different, the jurisdiction where ArtShifted's operating company is organized).

Any dispute arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (AAA). The seat of arbitration shall be in Montana, United States, and the proceedings shall be conducted in English.

You and ArtShifted agree to submit to the exclusive jurisdiction of such arbitration and waive any right to a jury trial or to participate in a class action.

7. Age Restrictions

You must be at least 13 years old to use the Service.

If you are between 13 and 18 (or the age of majority in your jurisdiction), you may only use the Service with the permission and supervision of a parent or legal guardian, who agrees to be bound by these Terms on your behalf.

We do not knowingly collect personal information from children under 13. If you believe a child has provided us with personal data in violation of this section, please contact us so we can take appropriate action.

8. Service Termination

We reserve the right, at our sole discretion, to suspend or terminate your account, restrict or limit your access to the Service, or remove or disable access to any content at any time and without prior notice, including (but not limited to) the following reasons:

• Violation of these Terms or our policies
• Suspected fraudulent or abusive activity
• Misuse of our AI tools (e.g., illegal, harmful, or abusive content)
• Compliance with legal requirements or law enforcement requests

Upon termination, your right to use the Service will immediately cease. Certain provisions of these Terms (e.g., intellectual property, disclaimers, limitations of liability, indemnification, and dispute resolution) will survive termination.

9. Indemnification

You agree to indemnify, defend, and hold harmless ArtShifted, its owner entity, and their respective officers, directors, employees, contractors, and agents from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service or Generated Content
• Any content you upload, submit, or share through the Service
• Your violation of these Terms or any applicable law
• Your infringement or violation of any third-party rights, including intellectual property or privacy rights

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with us in asserting any available defenses.

10. Updates to the Terms

We may update or modify these Terms from time to time to reflect changes in our Service or business, changes in applicable laws or regulations, or security, technical, or operational needs.

When we make changes, we will update the "Last Updated" date at the top of this page. In the case of material changes, we may also notify you via email (if you have a registered account) or via a prominent notice on the Website or in the app.

Your continued use of the Service after any changes to these Terms constitutes your acceptance of the updated Terms. If you do not agree with the updated Terms, you must stop using the Service.

11. Contact Information

If you have any questions, concerns, or comments about these Terms of Service, you can contact us at:

• Email: support@artshifted.com
• Contact Page: https://artshifted.com/contact

Thank you for using ArtShifted!