Artimink iOS App Terms of Use

1. Use of the App

• a.) You must be at least 18 years old to use the App.
• b.) You are solely responsible for your interactions and engagements facilitated by the App, including but not limited to the sharing of Appraisal Reports, comments, and any other content you generate or disseminate through the App.
• c.) If you do NOT agree to these Terms of Use, do NOT accept them and do NOT use the App.

2. User Content

• a.) By using the App, you agree not to submit any content that is unlawful, harmful, offensive or which violates any third-party rights.
• b.) By using the App, you agree to only submit image content that fits one of the following categories:
  • i.) work of art
  • ii.) antique
  • iii.) vintage item
  • iv.) collectible
  • v.) newer item
  • vi.) public artwork
• c.) Artmink may use user data for improving its services, developing new features, and conducting research. By using the App, you consent to such use of your data.
• d.) By submitting content to the App, most notably images, you retain ownership of your content. However, you grant Artmink a worldwide, royalty-free, non-exclusive license to use, reproduce, distribute, and display such content for the purposes of providing and promoting the App's services.
• e.) Artmink reserves the right to delete any user Appraisal Reports that it determines to have violated the terms of User Content.
• f.) Artmink provides storage of User Appraisal Reports, but with no guarantee that User Appraisal Reports will be stored indefinitely. Artmink may cease to store your User Appraisal Reports at any time without penalty or compensation owed by Artmink to you, beyond a pro-rated refund of the current subscription period, if any.
• g.) Artmink reserves the right to delete, modify, or remove any content at its discretion.
• h.) Users can request deletion of their data by contacting Artmink support.
• i.) You are responsible for the backup and long-term storage of your User Appraisal Reports. You may consider backing up your User Appraisal Reports by using the Save as PDF feature, available on the Artmink.com to paid Subscribers only.

3. Privacy, Online Safety and Security

• a.) Artmink respects your privacy. Artmink does not sell or otherwise share your data with third-parties. Artmink will never contact you to ask you to provide a credit card or other financial information.

4. Intellectual Property

• a.) Artmink retains ownership of all intellectual property rights in the App.
• b.) You may not reproduce, modify or reverse engineer Artmink code or other content.
• c.) You agree not to engage in any of the following prohibited activities:
  • i.) copying, distributing, or disclosing any part of the App in any medium
  • ii.) using any automated system, including "bots", "spider", etc., to access the App
  • iii.) attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the App.

5. Disclaimers

• a.) Artmink provides the App "as is" without warranties of any kind.
• b.) Artmink is not responsible for the accuracy, reliability, or suitability of the AI-generated Appraisal Reports provided by its services.
• c.) Artmink is for entertainment and informational purposes only.
• d.) AI makes mistakes. Artmink Appraisal Reports are AI-generated. Any Artmink Appraisal Report may contain any number of errors with respect to identifying, describing, evaluating, valuing and appraising the your item.
• e.) Artmink AI-generated Appraisal Reports are NOT a substitute for an appraisal by a human expert. Artmink recommends that you also consult a human expert.
• f.) Artmink AI-generated Appraisal Reports are NOT Certified Appraisals, and are not to be used as a substitute for a Certified Appraisal by a professional appraiser.

6. Limitation of Liability

• a.) Artmink is not liable for any indirect, incidental, or consequential damages arising out of or in connection with your use of the App.
• b.) Artmink is not responsible for any perceived harm or loss due to any AI-generated appraisal failing to meet the expectations of the user. Again, use of the App is strictly on an "as is" basis, with no warranties or guarantees of accuracy, reliability or suitability for any purpose, whatsoever.

7. Modifications

• a.) Artmink may update or modify these Terms at any time. You are advised to review these Terms periodically for any changes. Continued use of the App after changes are made to the Terms will constitute your acceptance of the modified Terms.

8. Termination

• a.) Artmink may terminate or suspend your access to the App at any time without prior notice. This would be done only in the case of the user violating the terms of use.
• b.) In the event of termination of App access, Artmink will refund the pro-rated value of any unused subscription.

9. Subscription Model

• a.) It is costly to develop and run AI applications. The OpenAI API, which Artmink uses to process appraisals, works on a pay-as-you-go basis. To help meet these hard costs of providing AI-powered app, Artmink is provided on two tiers:
• b.) Free plan users are limited to one image per appraisal, and to a limited number of free appraisals per month.
• c.) Paid Subscription plan users may make an unlimited number of appraisals and may upload up to 8 (EIGHT) images per appraisal. Image file size limits may apply.

10. App Downtime / Non-Performance

• a.) Your use of the App constitutes your acceptance and approval of the fact that apps and servers cannot guarantee that they will be up and running 100% of the time.
• b.) You accept and agree that Artmink is not responsible for any inconveniences or alleged losses you experience as a result of the “App being down”, beyond issuing you a refund upon your request for the pro-rated portion of lost subscription use time, which in any case cannot exceed the cost of a one-month subscription.

11. Governing Law

• a.) These Terms are governed by and construed in accordance with the laws of the United States of America.