Terms of Service

Last Updated: March 25, 2026

1. Acceptance of Terms

By downloading, installing, accessing, or using the Artoto application and related services (collectively, “the Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to all of these Terms, you must not access or use the Service. These Terms constitute a legally binding agreement between you and Artoto (“Company,” “we,” “us,” or “our”).

2. Description of Service

Artoto is a mobile and web platform for cataloguing, organizing, and sharing art encounters. The Service enables users to photograph artworks and labels, extract metadata using optical character recognition (OCR) and artificial intelligence (AI), build curated collections (portfolios), and optionally share them publicly.

3. Eligibility

You must be at least 13 years of age to use the Service. If you are between 13 and 18 years of age (or the age of legal majority in your jurisdiction), you may only use the Service with the consent of a parent or legal guardian who agrees to be bound by these Terms. By using the Service, you represent and warrant that you meet these eligibility requirements.

4. User Accounts

You must provide accurate, current, and complete information when creating an account. You are solely responsible for maintaining the confidentiality of your account credentials, for restricting access to your device, and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

5. User Content & License Grant

(a) You retain all ownership rights in the content you upload, including photographs, metadata, descriptions, and other materials (“User Content”).

(b) By uploading User Content, you grant the Company a non-exclusive, worldwide, royalty-free, sublicensable, transferable license to use, reproduce, modify, display, and distribute your User Content solely as necessary to operate and provide the Service, including displaying content you mark as public in the Discover feed and shared portfolio pages.

(c) You represent and warrant that you own or have the necessary rights, licenses, and permissions to upload and share your User Content, and that your User Content does not infringe, misappropriate, or violate any third party’s intellectual property, privacy, or other rights.

6. Copyright & Artwork Photography

(a) The Service is designed for personal documentation and appreciation of art. Photographing artworks may be subject to copyright laws, museum policies, and other restrictions. You are solely responsible for ensuring that your photography and use of images complies with all applicable laws and venue policies.

(b) The Company does not claim ownership of the artworks depicted in photographs uploaded to the Service. The Service is not intended to facilitate the reproduction or commercial exploitation of copyrighted works.

(c) DMCA Compliance: If you believe that content on the Service infringes your copyright, you may submit a notice to our designated copyright agent at hi@artoto.io. We will respond to valid notices in accordance with the Digital Millennium Copyright Act.

7. Acceptable Use

You agree not to: (a) upload content you do not have the right to share; (b) use the Service for any illegal, fraudulent, or harmful purpose; (c) attempt to gain unauthorized access to other users’ accounts or our systems; (d) interfere with, disrupt, or create an undue burden on the Service or its infrastructure; (e) use automated scripts, bots, or scrapers to access or collect data from the Service; (f) upload content that is defamatory, obscene, threatening, or otherwise objectionable; (g) impersonate any person or entity; or (h) circumvent any access controls or usage limits.

8. AI & OCR Processing

(a) The Service uses on-device processing (ML Kit) and cloud-based AI services (Google Gemini, Anthropic Claude) to extract text from artwork labels and generate metadata. By using these features, you acknowledge and consent to the processing of your uploaded images by these third-party AI services.

(b) AI-extracted metadata, OCR results, and AI-generated summaries are provided for convenience only and may contain errors, inaccuracies, or omissions. The Company makes no representations or warranties regarding the accuracy, completeness, or reliability of AI-generated content.

(c) You are solely responsible for reviewing and verifying any AI-extracted or AI-generated information before relying on it.

9. Public Content & Discovery

Content you mark as public may appear in the Discover feed, search results, and may be viewable by any user or visitor. You control the visibility of your collections and artworks through the privacy settings in the app. Once content is made public, other users may have viewed, saved, or shared it, and making it private again does not guarantee that previously shared content has been removed from all locations.

10. Third-Party Services

The Service integrates with third-party services including but not limited to Supabase (authentication, database, storage), Google ML Kit, Google Gemini API, Anthropic Claude API, Apple Sign-In, and Google Sign-In. Your use of these third-party services is subject to their respective terms of service and privacy policies. The Company is not responsible for the practices or policies of any third-party services.

11. Intellectual Property

The Artoto name, logo, design, source code, and all other proprietary materials are the exclusive property of the Company and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our proprietary materials without prior written consent.

12. Termination

(a) We may suspend or terminate your account and access to the Service at our sole discretion, without prior notice, for conduct that we determine violates these Terms, is harmful to other users, or is otherwise objectionable.

(b) You may delete your account at any time through the app settings. Upon termination, your right to use the Service ceases immediately.

13. Disclaimers

THE SERVICE IS 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, TITLE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT THE ACCURACY OF OCR-EXTRACTED METADATA, AI-GENERATED SUMMARIES, OR ANY OTHER AUTOMATED CONTENT PROCESSING. YOU USE THE SERVICE AT YOUR OWN RISK.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE SERVICE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE COMPANY’S TOTAL AGGREGATE LIABILITY EXCEED THE GREATER OF FIFTY U.S. DOLLARS (USD $50.00) OR THE AMOUNT YOU HAVE PAID TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

15. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; (d) your violation of any rights of any third party; or (e) your violation of any applicable law or regulation.

16. Dispute Resolution & Arbitration

(a) Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved through binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court, except that either party may seek injunctive or equitable relief in court for intellectual property infringement claims.

(b) YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions, except to the extent preempted by federal law.

18. Apple App Store Terms

If you access the Service through the Apple App Store, you acknowledge that: (a) these Terms are between you and the Company, not Apple; (b) Apple has no obligation to furnish maintenance or support services; (c) Apple is not responsible for any product warranties; (d) Apple is not responsible for any claims relating to the Service; and (e) Apple and its subsidiaries are third-party beneficiaries of these Terms.

19. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

20. Entire Agreement

These Terms, together with the Privacy Notice, constitute the entire agreement between you and the Company regarding the Service and supersede all prior agreements and understandings.

21. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes through the app or via email. Your continued use of the Service after such modifications constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service.

22. Contact

For questions about these Terms, contact us at hi@artoto.io.