Terms of Service

1. Acceptance of Terms

Welcome to allograph! By accessing or using our mobile application, website, or any related services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service.

These Terms constitute a legally binding agreement between you and Atriumn Inc., a Delaware corporation. Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

2. Eligibility

Age Requirement: You must be at least 13 years old to create an account and use the Service. Where local law sets a higher minimum age, that higher age applies and accounts below it are not permitted. By using the Service, you represent and warrant that you meet the age requirement that applies to you. We use self-declaration together with platform age signals (such as Apple's Declared Age Range and Google Play's Age Signals) to confirm eligibility.

Ages 13–15 (restricted experience): Users aged 13–15 receive a restricted version of the Service: their content is never publicly visible and can be shared only within private groups, and location-based features (including local offers from nearby businesses) are disabled. Where required by applicable law, a parent or legal guardian must approve the account before the teen can participate, and participation is blocked until approval. See Section 7 of our Privacy Policy for details.

Minors: If you are under 18 (or the age of majority in your jurisdiction), you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

Account Accuracy: You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

3. Account Registration and Security

3.1 Account Creation

To access certain features of the Service, you must create an account. You may register using:

• Email and password
• Third-party authentication services (Apple Sign-In)

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Use a strong, unique password
• Not share your account credentials with others
• Immediately notify us at legal@allograph.app if you suspect unauthorized access

We are not liable for any loss or damage arising from your failure to protect your account credentials.

3.3 Account Termination

You may delete your account at any time through the app settings. We reserve the right to suspend or terminate your account at our sole discretion if you violate these Terms.

4. User Content and License Grant

4.1 Your Content

allograph allows you to create, upload, and share content including photos, drawings, overlays, and other materials (collectively, "User Content"). You retain all ownership rights to your User Content.

4.2 License to allograph

By uploading or sharing User Content on the Service, you grant allograph a worldwide, non-exclusive, royalty-free license, which we may sublicense only to the service providers that help us run the Service, to host, store, reproduce, adapt (for example, resize, crop or reformat it, frame it as an allograph print, or play it in a reveal with other takes on the same mark), display, distribute, and transmit your User Content, only to operate, provide, and improve the Service for the audience you chose:

• Content you share publicly may be shown to anyone using the Service and on the Service's public pages, and other users may view, share, and download it according to your sharing settings
• Content you share in a private group is shown only to that group's members

Marketing and promotion: We will use your User Content in marketing materials, promotional content, or demonstrations of the Service only if you give us separate, explicit permission for that content. You can withdraw that permission at any time for future uses. This never applies to content shared only in a private group, or to content from an account in our 13–15 tier, even with permission. A sponsor's use of takes made at its own mark is covered separately, in Section 4.5.

This license ends when you delete your User Content or your account, except for backup copies we keep for technical and legal compliance purposes (see Section 5 of our Privacy Policy) and copies other users have already shared or downloaded under your sharing settings.

4.3 User Content Representations

You represent and warrant that:

• You own or have the necessary rights to all User Content you submit
• Your User Content does not violate any third-party rights
• Your User Content complies with these Terms and applicable laws

4.4 Content Sharing

When you share User Content publicly on allograph, other users may view, share, and download your content according to the sharing settings you select. You understand that once content is shared, you may not be able to control how others use it.

4.5 Takes at Sponsored Marks

Some marks are sponsored by a business or an association that pays us for that mark (a "sponsored mark"). If you share User Content publicly at a sponsored mark, you also grant that mark's sponsor a worldwide, non-exclusive, royalty-free license to share that content, in the mark's reveal or on its own, in the sponsor's own marketing while it sponsors that mark (for example, its social media posts, website, newsletter, window or ads). The sponsor may credit you by your display name or not credit you at all. It may not present your content as an endorsement by you of the sponsor.

This never applies to content shared only in a private group, or to content from an account in our 13–15 tier, whose content is never public. If you delete your content, the sponsor may not use it in anything new, but it does not have to withdraw marketing it has already published.

5. AI-Generated Content

AI-assisted mark art and examples: Some mark artwork and labeled example images on the Service are generated with AI tools from our own materials ("AI-Generated Content") and are owned by allograph. Your photos and drawings are not sent to generative AI services; automated content-safety screening is described in our Privacy Policy.

Your Use: When you use AI-Generated Content in your creations, you receive a license to use that content as part of your User Content, subject to these Terms.

No Guarantees: AI-Generated Content is provided "as-is" and may not always meet your expectations. We do not guarantee the accuracy, quality, or appropriateness of AI-Generated Content.

6. Intellectual Property Rights

6.1 allograph's Intellectual Property

The Service and its original content (excluding User Content), features, and functionality are owned by Atriumn Inc. and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

Our trademarks and trade dress may not be used without our prior written consent.

6.2 Restrictions

You may not:

• Copy, modify, or create derivative works of the Service
• Reverse engineer, decompile, or disassemble the Service
• Remove any copyright or proprietary notices
• Use the Service for commercial purposes without our permission
• Access the Service through automated means (bots, scrapers, etc.), except that search engines and AI assistants may crawl the public pages of our website as our robots.txt file allows. That exception does not cover accounts, private or group content, the app's servers and other product endpoints (such as our APIs and link-only pages), or scraping that collects other users' content or overloads the Service

7. Prohibited Conduct

You agree not to:

• Violate Laws: Use the Service in any way that violates applicable federal, state, local, or international laws
• Infringe Rights: Upload content that infringes on intellectual property, privacy, or other rights of third parties
• Harmful Content: Share content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Impersonation: Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Spam: Send unsolicited or unauthorized advertising, spam, or promotional materials
• Malicious Activities: Introduce viruses, malware, or any code that may harm the Service or users
• Interference: Interfere with or disrupt the Service or servers connected to the Service
• Data Harvesting: Collect or harvest any information about other users without their consent
• Sexual Content Involving Minors: Upload, share, or distribute any content depicting minors in a sexual or suggestive manner

8. Content Moderation

Right to Review: We reserve the right, but not the obligation, to review, monitor, and remove User Content that violates these Terms or is otherwise objectionable.

Automated Screening: Every photo and drawing is screened automatically for prohibited content before other users, including members of a private group, can see it, as described in Section 2.3 of our Privacy Policy. Content that fails the screen is not shown to other users, and content the screen can't check stays hidden until a person on our team reviews it. Automated screening is not perfect: it can miss prohibited content and can flag content that is fine.

Human Review: People on our team review content the screen couldn't check and content that users report, and may remove content or suspend accounts that violate these Terms.

Reporting: Users can report content from within the app and block the person who posted it. A person on our team reviews every report within 24 hours and takes appropriate action, which may include removing the content or suspending the account.

No Liability: We are not responsible for User Content and do not endorse any opinions expressed by users. We are not liable for any loss or damage resulting from User Content.

9. Third-Party Services and Links

The Service may integrate with or contain links to third-party services, including:

• Social media platforms (YouTube, Instagram, TikTok, X/Twitter, Reddit, Snapchat)
• Authentication services (Apple Sign-In)
• Cloud services (Amazon Web Services)

We are not responsible for the content, privacy policies, or practices of third-party services. Your interactions with third-party services are governed by their respective terms and policies.

10. Privacy and Data Protection

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your personal information. By using the Service, you consent to our data practices as described in the Privacy Policy.

Advertising and No Tracking: The Service is ad-supported, but it is not a surveillance advertising platform. Advertising is based on real-world presence and context (the place you chose to engage with), not on behavioral profiling. We do not engage in cross-app or cross-site tracking and do not embed third-party advertising or analytics SDKs. See our Privacy Policy for full details.

Age and Children's Privacy: The Service requires a minimum age of 13 (higher where local law requires), with a restricted, groups-only experience for ages 13–15 and parental consent where required by law. Age-assurance data is used only to gate access and comply with age laws and is never used for advertising, marketing, profiling, or analytics. The Service is not directed to children under 13, and we do not knowingly collect personal information from children under 13, consistent with the Children's Online Privacy Protection Act (COPPA).

11. Disclaimers

AS-IS SERVICE: THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

NO GUARANTEE: WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

USER CONTENT: WE DO NOT WARRANT OR ENDORSE THE ACCURACY, RELIABILITY, OR QUALITY OF USER CONTENT.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, ATRIUMN INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL
• ANY DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICE
• ANY DAMAGES RESULTING FROM USER CONTENT OR THE CONDUCT OF OTHER USERS OR THIRD PARTIES
• ANY DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR DATA

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED $100.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

13. Indemnification

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

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your User Content

14. Dispute Resolution

14.1 Informal Resolution

Before filing a claim, you agree to contact us at legal@allograph.app to attempt to resolve the dispute informally. We will attempt to resolve the dispute within 60 days.

14.2 Binding Arbitration

Agreement to Arbitrate: If informal resolution fails, you and Atriumn Inc. agree that any dispute arising out of or relating to these Terms or the Service shall be resolved through binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

Arbitration Rules: Arbitration shall be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules in effect when the claim is filed, including its Mass Arbitration Supplementary Rules where they apply (available at adr.org). The arbitration will be held in the county where you reside or in Cook County, Illinois, or another mutually agreed location, or by video or written submissions where the AAA rules allow.

Arbitration Fees: Arbitration fees are allocated as the AAA Consumer Arbitration Rules provide: your share is limited to the consumer filing fee those rules set, and Atriumn Inc. pays the remaining AAA filing, administration and arbitrator fees. Each party pays its own attorneys' fees and costs unless the arbitrator awards them under applicable law.

14.3 Class Action Waiver

YOU AND ATRIUMN INC. 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 PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Unless both you and Atriumn Inc. agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

14.4 Opt-Out

You may opt out of the arbitration agreement by sending written notice to us at legal@allograph.app within 30 days of first accepting these Terms. The notice must include your name, address, and a clear statement that you want to opt out of this arbitration agreement.

15. Governing Law and Venue

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

Any disputes not subject to arbitration shall be brought exclusively in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of such courts.

16. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by:

• Posting the updated Terms on the Service
• Sending an email to the address associated with your account
• Displaying a prominent notice within the app

Your continued use of the Service after the effective date of the updated Terms constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Service.

17. Termination

By You: You may terminate your account at any time by deleting it through the app settings or contacting us.

By Us: We may suspend or terminate your account immediately, without prior notice, for any reason, including if you breach these Terms.

Effect of Termination: Upon termination, your right to use the Service will immediately cease. We may delete your User Content, though we may retain backup copies for legal compliance purposes. Sections that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.

18. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

19. Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices published by us on the Service, constitute the entire agreement between you and Atriumn Inc. regarding the Service.

20. Contact Information

If you have any questions about these Terms, please contact us: