These Terms of Service (“Terms”) govern your access to and use of the services provided by oneart.ai (“Company”, “we”, “us”, or “our”), including our website located at https://www.oneart.ai/ (the “Site”), any mobile applications, and any other related products or services (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not access or use the Services.
- Scope and Applicability These Terms apply to all users of the Services, including, without limitation, visitors, registered users, customers, and contributors of content, information, and other materials. By using the Services, you represent that you are of legal age and have the legal capacity to enter into a binding agreement in Austria or the European Union (EU).
- Registration To access certain features of the Services, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as needed. You are responsible for safeguarding your password and any activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
- Privacy Our Privacy Policy, explains how we collect, use, and disclose personal data. By using the Services, you consent to the processing of your personal data as described in our Privacy Policy.
- Online Shop 4.1. The Services allow you to purchase physical goods (the “Products”) via our print-on-demand partner, Gelato. By placing an order for Products, you represent that you have the legal right to use the payment method provided and that the information you provide is accurate and complete.
4.2. We reserve the right to refuse or cancel any orders at our sole discretion. If we cancel an order, we will attempt to notify you and refund any payment made.
4.3. Prices for Products are subject to change without notice. We are not responsible for typographical or other errors in pricing.
- Payment and Taxes 5.1. You agree to pay all applicable fees and charges for the Products ordered through the Services. All fees and charges are exclusive of any applicable taxes, including value-added tax (VAT), which will be added to your order as required by law.
5.2. You are responsible for any additional taxes, duties, or fees that may apply to the purchase or import of Products in your jurisdiction.
- Delivery 6.1. We use Gelato as our print-on-demand partner to fulfill and ship your orders. Delivery times and shipping fees may vary depending on the destination, shipping method, and other factors.
6.2. We are not responsible for any delays or failures in delivery due to circumstances beyond our control, including, but not limited to, customs clearance, import/export restrictions, or acts of God.
- Returns and Refunds Please refer to our Return and Refund Policy, for information about returns, exchanges, and refunds.
- Intellectual Property 8.1. All content on the Site, including but not limited to text, graphics, logos, images, and software, is the property of the Company or its content suppliers and is protected by Austrian and international copyright laws.
8.2. You are granted a limited, non-exclusive, non-transferable license to access and use the Services, subject to these Terms. You agree not to use the Services for any commercial purpose without our prior written consent.
- Limitation of Liability To the maximum extent permitted by applicable law, in no event shall the Company, its affiliates, officers, directors, employees, agents, or licensors be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from (a) the use or the inability to use the Services; (b) the cost of procurement of substitute goods and services; (c) unauthorized access to or alteration of your transmissions or data; (d) any conduct or content of any third party on the Services; (e) any content obtained from the Services; or (f) any other matter relating to the Services, even if the Company has been advised of the possibility of such damages.
- Indemnification You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your infringement of any intellectual property or other right of any person or entity.
- Governing Law and Jurisdiction These Terms and any disputes arising out of or related to the Services shall be governed by the laws of Austria, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in Austria for the resolution of any disputes arising out of or related to these Terms or the Services.
- Severability If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
- Waiver Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of the Company.
- Changes to These Terms We reserve the right, in our sole discretion, to modify or replace these Terms at any time. We will provide reasonable advance notice of any material changes, but it is your responsibility to review these Terms periodically for changes. Your continued use of the Services following the posting of any changes to these Terms constitutes your acceptance of those changes.
- Contact Information If you have any questions, concerns, or comments about these Terms or the Services, please contact us at mail@oneart.ai.
- Copyright of Generated Artwork All copyright and intellectual property rights in and to any artwork generated or created using the Services, including but not limited to any designs, images, or illustrations, shall remain the exclusive property of oneart.ai. By using the Services, you acknowledge and agree that you shall not reproduce, distribute, modify, display, or otherwise use any generated artwork without the prior written consent of oneart.ai. Unauthorized use of any generated artwork may result in a violation of copyright and other applicable laws, and may subject the user to legal action.
Last Updated: 18.10.2023