Terms of Use

These Terms of Use (“Terms”) are an agreement between you and [[LEGAL_ENTITY]] (“Braitoli”, “we”) about using the Artoli 3D app (the “App”). By installing or using the App, you accept these Terms. If you do not agree, please do not use the App.

If you are under the age of majority where you live, a parent or guardian must read and accept these Terms for you and supervise your use of the App, including any purchase.

1. Using the App

We give you a personal, non-exclusive, non-transferable and revocable licence to install and use the App on devices you own or control, for your own non-commercial use. The App is licensed to you, not sold. You agree not to:

• copy, extract, sell or share the App’s 3D statues, textures or other content outside the App, except pictures and videos of your own paintings as described in section 3;
• reverse engineer, decompile or modify the App, except where the law expressly allows it;
• interfere with our servers, the wallet or purchases, or use cheats, bots or fake proofs of purchase;
• use the App in any unlawful way.

2. No account needed: your wallet

You can use the App without registering. Your coins and unlocked statues are kept in an app wallet identified by a random wallet ID, as explained in the Privacy Policy. The wallet is not linked to your name, email address, Apple Account or Google Account.

When available, the wallet ID is backed up by iCloud Keychain on Apple devices and by Google Block Store on Android. If this backup is turned off, or the App data and the backup are both deleted, the wallet may not be recoverable, and coins and statues unlocked with coins may be lost. The “Lifetime Art Studio” pass can always be restored with “Restore purchases” using the same store account.

3. Your paintings

The colours and artistic choices you add are your own creative work. You may save, print and share pictures and videos of your paintings for personal, non-commercial purposes. The statues, textures, designs and other content of the App belong to Braitoli or its licensors and remain their property, including when they appear in your paintings.

4. Coins, purchases and gift codes

• Coins are a virtual currency used only inside the App to unlock statues and other content. Coins have no cash value, cannot be exchanged for money and cannot be transferred or sold to anyone else.
• Coin packs are consumable. Once bought, coins are added to your wallet and are not refundable, except where required by law or where Apple or Google approves a refund.
• Unlocked statues: a statue unlocked with coins stays available in your wallet for as long as the App is offered.
• “Lifetime Art Studio” pass: a one-time purchase that unlocks all current statues and statues released later, for as long as the App is offered. It is not a subscription and does not renew.
• Gift codes, welcome gifts and free statues: these have no cash value, may have an expiry date or other conditions shown when they are offered, and may be changed or ended at any time.
• Payments and refunds are handled by Apple or Google under their own terms. Refund requests must be made to them; Braitoli cannot refund store payments directly.
• Prices are shown in the App before you buy and may change. Purchases are protected by a parental gate.

5. Services of other companies

Some features rely on other companies: Apple and Google handle payments, and their speech recognition services turn your voice into text for voice search. Their own terms and privacy policies apply to those services.

6. Privacy

Our Privacy Policy explains what data the App uses and why. Please read it together with these Terms.

7. Changes to the App and to these Terms

We keep improving the App and may add, change or remove features or statues. If we change these Terms in an important way, we will let you know in the App before the changes take effect. If you keep using the App after that, the new Terms apply.

8. Ending the service

You can stop using the App at any time by uninstalling it. We may suspend access to the wallet if these Terms are seriously broken, for example in case of fraud. If we decide to stop running the App or its servers permanently, we will make reasonable efforts to let you know in the App at least 30 days in advance. After that, coins, unlocked statues and the “Lifetime Art Studio” pass can no longer be used, and unused coins are not refunded, except where required by law.

9. Disclaimer

We work hard to keep the App running well, but it is provided “as is” and “as available”. To the extent permitted by law, we do not promise that the App will always be available, free of errors or compatible with every device.

10. Limitation of liability

To the extent permitted by law, Braitoli is not liable for indirect or consequential losses, or for the loss of data or paintings stored on your device. Our total liability to you for any claim related to the App is limited to the amount you paid for in-app purchases in the 6 months before the claim. Nothing in these Terms limits rights you have as a consumer that cannot be limited by law, or our liability for anything that cannot be excluded by law.

11. Additional terms for the Apple App Store

If you downloaded the App from the Apple App Store, Apple’s Licensed Application End User License Agreement also applies, and:

• These Terms are between you and Braitoli, not Apple. Apple is not responsible for the App or its content.
• Apple has no obligation to provide maintenance or support for the App.
• If the App does not conform to an applicable warranty, you may notify Apple, and Apple may refund the purchase price of the App, if any. Apple has no other warranty obligation for the App.
• Braitoli, not Apple, is responsible for handling any claims relating to the App, including product liability claims, claims that the App does not meet legal or regulatory requirements, consumer protection claims and claims that the App infringes someone’s intellectual property.
• You confirm that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not on any U.S. Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

12. Governing law

These Terms are governed by the laws of [[GOVERNING_LAW]]. If you are a consumer, you also keep the protection of the mandatory laws of the country where you live and may bring claims before its courts. If any part of these Terms is found invalid, the rest remains in effect.

13. Contact

[[LEGAL_ENTITY]], [[LEGAL_ADDRESS]]. Email: contact@braitoli.com.