Terms of Service - Instant Art Kit

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you (either as an individual or on behalf of an entity) and Instant Art Kit concerning your access to and use of our Shopify application and related services.

By installing our app, accessing our service, or clicking "I agree," you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use our service.

If you are entering into these Terms on behalf of a company, organization, or other legal entity, you represent that you have the authority to bind such entity to these Terms.

2. Description of Service

Instant Art Kit provides a diamond painting preview generation and management platform integrated with Shopify. Our service includes:

Customer photo upload functionality (processed through third-party UploadCare)
Automated diamond painting preview generation
Pattern and color chart generation
Production-ready file exports (PDF, Excel formats)
Order management and tracking tools
Product variant mapping and synchronization
Secure file storage (via Microsoft Azure)

The service is currently in beta and features may change, be added, or removed as we continue development.

3. Account Registration & Shopify Integration

3.1 Authentication: Access to Instant Art Kit requires a valid Shopify store account. You authenticate through Shopify's OAuth 2.0 system. We never see or store your Shopify password.

3.2 Permissions: Upon installation, you grant us specific Shopify API permissions to:

Read Products - Access your product catalog for synchronization and mapping
Read Orders - Process customer orders containing diamond painting requests
Read Customers - Link orders to customer accounts for order tracking
Read/Write Metaobjects - Store and manage diamond painting templates, configurations, and product mappings

3.3 Account Security: You are responsible for maintaining the security of your Shopify account and any activities that occur through your account. You must immediately notify us of any unauthorized access or security breach.

3.4 Accurate Information: You agree to provide accurate, current, and complete information and to keep this information updated.

4. Content & Intellectual Property

4.1 Your Content: You retain all ownership rights to the content you and your customers upload to Instant Art Kit ("User Content"). This includes customer photos, images, and any other materials provided through the service.

4.2 License Grant to Us: By uploading User Content, you grant Instant Art Kit a non-exclusive, worldwide, royalty-free license to reproduce, process, display, and distribute the User Content solely for the purpose of providing the service to you. This license terminates when you delete the content or close your account, except for copies retained in backup systems (which will be deleted within 30 days).

4.3 Generated Content: Diamond painting patterns, previews, color charts, and other files generated by our service from your User Content are provided to you for your business use. We do not claim ownership of these generated files.

4.4 Our Intellectual Property: The Instant Art Kit service, including its software, algorithms, design, trademarks, and all related intellectual property, remains the exclusive property of Instant Art Kit. These Terms do not grant you any ownership rights to our technology or platform.

4.5 Feedback: Any suggestions, ideas, or feedback you provide about our service may be used by us without any obligation to compensate you.

5. User Representations & Warranties

By using our service, you represent and warrant that:

You have the legal right to upload and process all User Content
Your customers have consented to their photos being processed for diamond painting previews
User Content does not infringe any third-party intellectual property rights, including copyrights, trademarks, or patents
User Content does not contain malware, viruses, or harmful code
User Content does not violate any applicable laws or regulations
You will use the service only for its intended purpose of creating diamond painting products
You will not circumvent any usage tracking, billing, or security mechanisms
You comply with all applicable data protection laws (including GDPR, CCPA) regarding customer data

6. Prohibited Conduct

You agree not to:

Upload content that is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
Upload copyrighted material without proper authorization
Attempt to gain unauthorized access to our systems, networks, or other users' accounts
Reverse engineer, decompile, or disassemble any part of our service
Use automated systems (bots, scrapers) to access the service without permission
Interfere with or disrupt the service or servers
Violate any applicable local, national, or international law
Impersonate any person or entity or misrepresent your affiliation
Transmit any unsolicited advertising, spam, or promotional materials
Remove, alter, or obscure any copyright, trademark, or proprietary notices

7. Third-Party Services & Integration

7.1 UploadCare: Customer photo uploads are processed through UploadCare, a third-party file upload and delivery service. By using our service, you agree to comply with UploadCare's Terms of Service (https://uploadcare.com/about/terms/). UploadCare's data processing, privacy policies, and service availability are governed by their own agreements. We are not responsible for UploadCare's actions, service interruptions, or changes to their terms.

7.2 Shopify: Our service integrates with Shopify's platform. Shopify's Terms of Service, Privacy Policy, and API Terms apply to your use of Shopify. We are not responsible for Shopify's platform changes, downtime, or policy modifications.

7.3 Microsoft Azure: Generated files and previews are stored on Microsoft Azure cloud infrastructure. Microsoft's terms and service level agreements apply to this storage.

7.4 General: We are not responsible for the availability, content, policies, or practices of third-party services. Changes to third-party services may affect our service functionality. We may add, change, or remove third-party integrations at our discretion.

8. Copyright Infringement & DMCA

8.1 Policy: We respect intellectual property rights and respond to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act ("DMCA").

8.2 Filing a DMCA Notice: If you believe content uploaded through our service infringes your copyright, send a written notice to support@instantartkit.com containing:

A physical or electronic signature of the copyright owner or authorized agent
Identification of the copyrighted work claimed to be infringed
Identification of the infringing material and its location in our service
Your contact information (address, telephone, email)
A statement that you have a good faith belief the use is not authorized
A statement under penalty of perjury that the information is accurate and you are authorized to act on behalf of the copyright owner

8.3 Counter-Notice: If you believe content was removed in error, you may file a counter-notice following DMCA procedures.

8.4 Repeat Infringers: We reserve the right to terminate accounts of users who repeatedly infringe copyrights.

9. Fees & Payment

9.1 Beta Period: During the beta period, Instant Art Kit is provided free of charge. We may introduce transaction-based fees or subscription pricing in the future with advance notice.

9.2 Future Pricing: When fees are introduced:

All billing will be processed through Shopify's billing system
Subscription fees will be charged monthly or annually in advance
Usage-based fees will be charged monthly in arrears
You authorize us to charge your payment method on file with Shopify
Fees are non-refundable except as required by law
We will provide 30 days notice before charging fees to current users

9.3 Taxes: Fees exclude applicable taxes (VAT, sales tax, etc.), which you are responsible for paying.

9.4 Price Changes: We may change our pricing with 30 days notice. Continued use after the price change constitutes acceptance.

10. Service Availability & Beta Disclaimer

10.1 Beta Status: Instant Art Kit is currently in beta testing. This means:

The service may contain bugs, errors, or defects
Features may be incomplete, change significantly, or be removed
Service interruptions may occur without notice
We do not guarantee 100% uptime or service availability
Data loss may occur (though we take reasonable precautions to prevent it)

10.2 Maintenance: We may perform scheduled or emergency maintenance that temporarily makes the service unavailable. We will provide advance notice when possible.

10.3 Modifications: We reserve the right to modify, suspend, or discontinue any part of the service at any time with or without notice.

10.4 No Service Level Agreement: We do not currently provide any SLA commitments for uptime or performance.

11. Warranties & Disclaimers

11.1 "AS IS" Provision: THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

11.2 Disclaimer of Warranties: TO THE MAXIMUM EXTENT PERMITTED BY LAW, INSTANT ART KIT DISCLAIMS ALL WARRANTIES, INCLUDING:

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
That the service will be uninterrupted, timely, secure, or error-free
That the results obtained from use will be accurate or reliable
That defects will be corrected
That the service or servers are free of viruses or harmful components

11.3 Third-Party Services: We make no warranties regarding third-party services (UploadCare, Shopify, Azure) integrated with our platform.

11.4 Data: While we implement reasonable security measures, we do not warrant that your data will be completely secure from unauthorized access.

12. Limitation of Liability

12.1 Exclusion of Damages: TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL INSTANT ART KIT BE LIABLE FOR:

Any indirect, incidental, special, consequential, or punitive damages
Loss of profits, revenue, business, or sales
Loss of data, goodwill, or reputation
Business interruption or lost opportunities
Cost of substitute services or procurement
Damages arising from third-party services (UploadCare, Shopify, Azure)

12.2 Liability Cap: OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) €100.

12.3 Basis of the Bargain: These limitations apply even if we have been advised of the possibility of such damages and regardless of the form of action. These limitations reflect the allocation of risk between the parties.

12.4 Exceptions: Some jurisdictions do not allow exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

13. Indemnification

You agree to indemnify, defend, and hold harmless Instant Art Kit, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from or related to:

Your violation of these Terms
Your violation of any applicable laws or regulations
Your violation of any third-party rights, including intellectual property or privacy rights
User Content you upload or process through our service
Your use or misuse of the service
Your failure to obtain necessary consents from customers

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

14. Termination

14.1 Termination by You: You may terminate your use of Instant Art Kit at any time by uninstalling the app from your Shopify admin. There are no cancellation fees.

14.2 Termination by Us: We may suspend or terminate your access immediately, without notice, if:

You breach these Terms
Your use poses a security risk or could adversely impact our systems
You engage in fraudulent or illegal activities
Required by law or legal process
We decide to discontinue the service (with reasonable notice)

14.3 Effect of Termination:

Your right to access the service immediately ceases
We will delete your data within 30 days, except as required by law or for backup purposes
You remain responsible for all fees accrued before termination
Sections that by their nature should survive (including warranties, liability limitations, indemnification) will continue to apply

14.4 Data Export: We recommend exporting your data before termination. We are not obligated to retain or provide your data after the 30-day deletion period.

15. Dispute Resolution & Arbitration

15.1 Informal Resolution: Before initiating arbitration or legal proceedings, you agree to contact us at support@instantartkit.com to seek an informal resolution. We will attempt to resolve disputes amicably within 30 days.

15.2 Binding Arbitration: If informal resolution fails, any dispute arising from or relating to these Terms or the service shall be resolved through binding arbitration administered by the Netherlands Arbitration Institute (NAI) under its rules, or another mutually agreed arbitration body.

15.3 Arbitration Procedures:

The arbitration shall be conducted in English
The seat of arbitration shall be in the Netherlands
The arbitrator's decision shall be final and binding
Each party bears its own costs unless the arbitrator decides otherwise

15.4 Exceptions: Either party may seek injunctive relief in court to prevent irreparable harm. Small claims court actions are also exempt from arbitration.

15.5 No Class Actions: You agree that disputes will be resolved on an individual basis only. You may not bring claims as part of a class action, collective action, or representative proceeding.

16. Governing Law & Jurisdiction

These Terms are governed by and construed in accordance with the laws of the Netherlands, excluding its conflict of law principles.

Subject to the arbitration provisions above, the competent courts of the Netherlands shall have exclusive jurisdiction over any disputes.

This choice of law does not affect your statutory rights as a consumer under mandatory consumer protection laws of your country of residence.

17. Privacy & Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference.

17.1 GDPR Compliance: For users in the European Economic Area, we process personal data in accordance with the General Data Protection Regulation (GDPR). You have rights to access, rectify, erase, restrict processing, and port your data.

17.2 Your Responsibilities: You are solely responsible for ensuring you have proper legal basis (consent, contract, legitimate interest) to collect and process your customers' personal data, including photos uploaded through our service.

17.3 Data Processing Agreement: By using our service, you acknowledge that we process customer data on your behalf as a data processor. A separate Data Processing Agreement (DPA) is available upon request.

18. Modifications to Terms

We reserve the right to modify these Terms at any time. When we make changes:

We will update the "Last updated" date at the top of this page
For material changes, we will notify you via email or through a prominent notice in the app
Changes become effective 30 days after notice for existing users
Continued use of the service after changes take effect constitutes acceptance

If you do not agree to the modified Terms, you must stop using the service and uninstall the app before the changes take effect.

19. General Provisions

19.1 Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Instant Art Kit regarding the service and supersede all prior agreements and understandings.

19.2 Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

19.3 Waiver: Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

19.4 Assignment: You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction, including to any affiliate or in connection with a merger, acquisition, or sale of assets.

19.5 Force Majeure: We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

19.6 Export Compliance: You may not use or export the service in violation of Dutch export laws and regulations or any other applicable export laws.

19.7 No Agency: These Terms do not create any agency, partnership, joint venture, or employment relationship between you and Instant Art Kit.

20. Contact Information

If you have questions about these Terms or the service, please contact us:

Email: support@instantartkit.com

For copyright infringement notices (DMCA), please use the same email address with "DMCA Notice" in the subject line.

For privacy-related inquiries or to exercise your data protection rights, please refer to our Privacy Policy for contact procedures.