Terms of Service

1. Acceptance of Terms

By accessing or using HumanisArt (the “Service”), you agree to be bound by these Terms of Service (“Terms”) and our Privacy Policy. If you do not agree to these Terms, you may not use the Service. These Terms constitute a legally binding agreement between you and HumanisArt, Inc., a United States corporation (“HumanisArt”, “we”, “us”, or “our”).

We reserve the right to update these Terms at any time. We will notify registered users of material changes by email or by a prominent notice on the Service. Your continued use of the Service after any change constitutes your acceptance of the new Terms.

2. Eligibility

You must be at least 13 years of age to use the Service. If you are under 18, you may only use the Service with the consent and supervision of a parent or legal guardian who agrees to these Terms on your behalf. By using the Service, you represent and warrant that you meet these eligibility requirements.

Users located in the European Union who are under 16 years of age may require parental consent for certain data-processing activities under applicable local law.

3. Accounts

To publish creations or participate in evaluations, you must register an account. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately at support@humanisart.com if you suspect any unauthorised use of your account.

You agree to provide accurate, current, and complete information when creating your account and to keep that information up to date.

4. User-Generated Content

Ownership.You retain full ownership of any artwork, images, or other content (“Content”) you upload to the Service. HumanisArt does not claim ownership of your Content.

Licence to HumanisArt. By uploading Content, you grant HumanisArt a worldwide, non-exclusive, royalty-free, sublicensable licence to display, reproduce, and distribute your Content solely for the purpose of operating and promoting the Service. This licence ends when you delete your Content from the Service, except to the extent that copies have been shared by other users or are required for backup or legal purposes.

Your representations. You represent and warrant that: (a) you own or have the necessary rights to upload the Content; (b) the Content does not violate any third-party intellectual property, privacy, or other rights; and (c) the Content complies with these Terms.

5. Prohibited Content and Conduct

You agree not to upload, post, or transmit Content that:

• Is sexually explicit or pornographic (NSFW) without an appropriate age-verification or consent signal as required by applicable law;
• Contains hate speech, incitement to violence, or discrimination based on race, ethnicity, religion, gender, sexual orientation, disability, or any other protected characteristic;
• Constitutes unsolicited commercial messages (spam) or misleading information;
• Infringes any copyright, trademark, patent, trade secret, or other intellectual property right of any third party;
• Depicts or encourages illegal activity, including child sexual abuse material (CSAM), which will be reported to the appropriate authorities immediately;
• Contains malicious code, viruses, or any software designed to disrupt the Service.

You also agree not to: scrape or crawl the Service without our written permission; use automated means to create accounts or manipulate evaluation scores; or attempt to gain unauthorised access to any part of the Service or its infrastructure.

6. Payments and Tokens

Certain features of the Service require payment (e.g. publishing a creation). All payments are processed by Stripe. By completing a purchase, you agree to Stripe's terms and conditions.

Non-refundable policy. All payments are final and non-refundable once a creation has been published on the Service. If a technical error prevented your creation from being published after a successful payment, please contact us at support@humanisart.com within 14 days and we will investigate.

Platform tokens earned through evaluation participation have no cash value and cannot be withdrawn, transferred, or exchanged for real currency. We reserve the right to modify or discontinue the token system at any time with reasonable prior notice.

7. Content Moderation

HumanisArt reserves the right to review, moderate, remove, or restrict access to any Content that violates these Terms or that we reasonably consider harmful to the community, at our sole discretion and at any time without prior notice.

Users may report Content they believe violates these Terms using the in-platform reporting feature. We will review reports in good faith and take appropriate action.

8. Account Termination

You may delete your account at any time from your profile page. Upon deletion, your personal data will be removed in accordance with our Privacy Policy. Published creations will be depublished; copies already distributed by other users may persist beyond our control.

We reserve the right to suspend or terminate your account at any time, with or without notice, if we reasonably believe you have violated these Terms or engaged in conduct harmful to other users, the Service, or third parties. In the event of termination for cause, any unused tokens or credits are forfeited without compensation.

9. Disclaimer of Warranties

The Service is provided “as is” and “as available” without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or free of harmful components.

10. Limitation of Liability

To the maximum extent permitted by applicable law, HumanisArt and its directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, goodwill, or other intangible losses, resulting from: (a) your use of or inability to use the Service; (b) any Content uploaded by you or other users; (c) unauthorised access to or alteration of your transmissions or data.

Nothing in these Terms shall limit or exclude our liability for fraud, death, or personal injury caused by our negligence, or any other liability that cannot be excluded or limited under applicable US federal or state law.

11. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any disputes arising out of or in connection with these Terms that are not resolved informally shall be subject to the exclusive jurisdiction of the state and federal courts located in Delaware, and you consent to personal jurisdiction in those courts.

If you are a consumer resident in a jurisdiction whose local law grants you additional rights (including but not limited to the European Union), those mandatory protections are not affected by the choice of law above.

12. Contact

For any questions about these Terms, please contact us at support@humanisart.com.