Terms & Conditions

Introduction.

Welcome to Sketchar! These Terms & Conditions (“Terms”) govern your access to and use of Sketchar, an AR-Drawing app. By using Sketchar, you agree to comply with and be bound by these Terms. If you do not agree with any part of these Terms, please do not use Sketchar.

Acceptance of Terms.

Please read these Terms of Use ("Terms") carefully. The Terms of Use contain the rules that govern your use of services provided through websites sketchar.io, market.sketchar.io, and “Sketchar” mobile app available on App Store, Google Play, etc ("Website", “Marketplace”, and "Mobile App") as well as all elements, software, programs, and code forming or incorporated into them. The breach of these rules may lead to legal consequences for you.

By accessing or using the Website, the Marketplace, or the Mobile App, you are accepting these Terms “as is”.

You have to be at least 18 years old and be capable of taking responsibility for your actions. If you are under the age of 18, or you didn’t reach the legal age of majority in your country (place of residence), then we encourage you to read these Terms with your parent(s) or guardian(s) who understand and agree to these terms and accept them on your behalfIf you do not agree with the Terms do not access or stop using the Website, the Marketplace, and the Mobile App. Certain features of the Website, the Marketplace, or the Mobile App may be subject to special regulations, which are available on the Website. All special regulations are an integral part of these Terms.

Any changes to these Terms will be effective upon the earlier of twenty (20) calendar days following our posting of notice of the changes on the Website, the Marketplace, and the Mobile App. These changes will be effective immediately for new users of the Website, the Marketplace, and the Mobile App. If you continue using the Website and the Mobile App after the notice, it indicates your acknowledgment of such changes and agreement to be bound by them.The Mobile App, the Marketplace, and the Website are operated by Sketchar Inc., which is also referred to in these Terms as "we", "our", and "us".

User Eligibility.

You must be at least 18 years old or the age of majority in your jurisdiction to use Vinzo. By using the platform, you represent and warrant that you have the legal capacity to enter into a binding agreement.

Account Registration and Security.

Sketchar respects your privacy and only shares your information in the following scenarios:

1. Registration:
1.1.1. In order to use the Website, the Marketplace, and the Mobile App, you must register an account (“Account”) and provide information about yourself following the account registration form.
1.1.2. Registering the Account means that you confirm that:
(a) all required registration information you submitted is truthful and accurate;
(b) you will update your information if needed;
(c) you undertake the consequences of providing false and inaccurate information.
1.1.3. In order to use certain enhanced features of the Website, the Marketplace, and the Mobile App, we may offer you to buy a subscription (Section 1.2.) or verify your Account (Section 1.3.). These certain features can be announced additionally on the Website, the Marketplace, or in the Mobile App.
1.1.4. In order to use the Marketplace for selling and/or buying User content you must provide your crypto-wallet in your Account.
1.1.5. You may delete your Account at any time, for any reason, by following the instructions on the Website, the Marketplace, or the Mobile App.
When you delete your Account, We delete your User content, any uploaded content (such as photographs), and information about you. You won't be able to recover that information or User content (please read Section 3.6 about backups). However, we will store your User content and uploaded content as long as it’s required under the applicable law.
Please be informed that following the deletion of your Account we cannot guarantee that NFTs you created on the Marketplace will be available for the purchasers before or after the actual selling.
Please notice, information that others (Users and third parties) have shared about you or your User content isn't part of your Account and won't be deleted.
1.1.6. When signing up, you agree to get product updates and important product newsletters via email (non-marketing emails).
You may also subscribe to our advertising newsletters (marketing emails) to agree with them during registration of the Account.
You can unsubscribe by tapping «Unsubscribe» in any Sketchar email. You can subscribe back any time you want.
1.1.7. We may suspend or terminate your Account under Section 8.

1.2. Subscription (Pro account):
1.2.1. We can offer you a subscription (“Subscription”), which allows you to use advanced features of the Website, the Marketplace, or the Mobile App. A description of features associated with Subscriptions and costs are available via the Website, the Marketplace, or the Mobile App.
1.2.2. When you purchase a Subscription, we may ask you to provide us with additional information relevant to your purchase, e.g. credit card number, the expiration date of your credit card, and your address(es) for billing and delivery (please find more details in our Privacy Policy).
1.2.3. You confirm that you have the right to use the payment method(s) and payment information belongs to you.
1.2.4. You authorize us to provide your payment information to payment service providers so we can complete your purchase.
1.2.5. You agree:
(a) to pay fees and any taxes, if applicable;
(b) that We may charge your credit card or payment processing account, for verification, pre-authorization, and payment purposes; and
(c) to bear any additional charges that your bank or financial service provider may levy on you as well as any taxes or fees that may apply to your order.
1.2.6. We will send you a letter to confirm the payment for your purchase. Your purchase is not legally binding until accepted and confirmed by Us. All payments made are non-refundable and non-transferable except as expressly provided in these Terms.
1.2.7. We have the right to not process or to cancel your purchase in certain circumstances, as follows but not limited to: if your credit card is declined if we suspect fraud.
1.2.8. We have the right to verify your identity in connection with your purchase. You may need to provide additional information to verify your identity before completing your purchase.
1.2.9. You have the right to cancel your subscription or restore it at any time.

1.3. Verification:
1.3.1. Verification allows you to use special features of the Website and the Mobile App and verification sign next to your profile picture. This verification sign means that your account has been reviewed by our staff.
1.3.2. To be verified, your Account must contain the following: (a) cover image; (b) profile picture; (c) biography; (d) link to another public profile (Instagram, portfolio, etc.); (e) at least one artwork created on Mobile App.
1.3.3. You have to fill in and submit your application form. Your application will be reviewed by SketchAR, and if the provided data is sufficient, your account could be verified.

1.4. Marketplace:
1.4.1. We allow you to “mint” your User content in NFT form and sell on Marketplace. To use this feature you must provide (connect) your crypto-wallet in your Account and buy a subscription (“PRO subscription”).
1.4.2. You don’t need to register an additional Account on the Marketplace: you can use your SketchAR account to mint your User content or buy an NFT.
1.4.3. All transactions on the Website, including without limitation minting, tokenizing, bidding, listing, offering, purchasing, or confirming, are facilitated by smart contracts existing on the Ethereum network – Polygon.
We allow you to use the Marketplace on a gas-free basis, which means you don’t need to pay Us to mint your User content in NFT. However, we have a right and you agree to pay us a commission in the amount of 15% of the price paid for an NFT (withhold a commission).
1.4.4. For the secondary sales of the NFT the royalty and Sketchar’s commission will be deducted from the payment received. The amount of the royalty is 9%, and 1% as royalties to our special crypto savings wallet) using a smart contract to further support creators and their projects around the world (Creator Foundation.1.4.5. We allow you to buy listed NFT on the Marketplace. Users can make bids on all listed NFT.  Please be aware that your bids are legally binding, revocable offers to purchase the NFT that can be accepted immediately.  By making a bid, you agree to temporarily send and lose control over an amount of the offered payment. This is the technical decision of the smart contracts used for facilitating your minting and purchase process and not We nor Polygon are capable to control or change. It is configured to hold the bid until the bid is accepted, a higher bid is received, or the bid is revoked.  
1.4.6. We don’t represent and warrant that you will sell your User content or the actual amount of the payment you may receive  
We don’t guarantee the accuracy or fairness of the price of NFT on or off of the Marketplace.  We don’t manage or police Users’ behavior on the Marketplace concerning pricing. The pricing may vary depending on currency, popularity of a work or an artist, and other factors that are far beyond our control, and also the chosen type of a payment: fixed price or auction.

1.5. Payments and Taxes:
1.5.1. The Marketplace may allow you to sell your User Content in the form of NFT (Section 1.4., you may find more details in NFT Policy). Neither We nor any third party affiliated, or not is responsible for determining the withholding, sales, use, value-added, transfer, or other taxes, together with any interest and penalties imposed with respect thereto (“Taxes”), that apply to your earnings.
1.5.2. You agree that you are solely responsible for determining what, if any, Taxes apply to your earnings and to withhold, collect, report and remit the correct amounts of Taxes to the appropriate taxing authorities.
1.5.3. We do not collect any fees for transactions occurring outside of the Website, the Marketplace, or the Mobile App. Users release Sketchar and its subsidiaries, affiliates, officers, and successors of any liability for payments not received from any off-Website transaction.

1.6. Responsibilities:
1.6.1. You have to keep your Account login information, email, password, and crypto-wallet secret (confidentiality requirement). You are responsible for all activities that may occur under your Account.
1.6.2. You must notify Us of any unauthorized use or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the confidentiality requirement.

Access to the Website and the Mobile App

Sketchar takes data security seriously and implements robust measures to protect your information:

2.1. License:
2.1.1. We grant you a non-transferable, non-exclusive, revocable, limited license to use and access the Website, the Marketplace, and the Mobile App solely for your personal non-commercial use.

2.2. Restrictions: You agree not to:

2.2.1. The license granted to you is subject to the following restrictions:
(a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website, the Marketplace, and the Mobile App, whether in whole or in part or any content displayed on the Website, the Marketplace  and the Mobile App;
(b) you shall not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Website, the Marketplace, and the Mobile App;
(c) you shall not access the Website, the Marketplace, and the Mobile App to build a similar or competitive website, product, or service;
(d) except as expressly stated herein, no part of the Website, the Marketplace, and the Mobile App may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means;
(e) all copyright and other proprietary notices on the Website, the Marketplace and the Mobile App (or on any content displayed on the Website, the Marketplace, and the Mobile App) must be retained on all copies thereof.

2.2.2. Unless otherwise indicated, any future release, update, or other addition to functionality of the Website, the Marketplace, and the Mobile App shall be subject to these Terms or related documents.
2.3. Modification

2.3.1. The Website, the Marketplace, and the Mobile App are provided on an "AS IS" and "AS AVAILABLE" basis. We reserve the right at any time to modify, suspend, or discontinue the Website, the Marketplace, or the Mobile App (in whole or part) with or without any prior notices.

2.3.2. You agree that We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Website, the Marketplace, and the Mobile App or any part thereof.

2.4. No Support or Maintenance obligations

2.4.1. You acknowledge and agree that We are not obliged to provide you with any support or maintenance in connection with the Website, the Marketplace, and the Mobile App.

2.5. Ownership
2.5.1. Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Website, the Marketplace, the Mobile App, and their content are owned by Us or Our suppliers. Neither these Terms (nor your access to the Website, the Marketplace, and the Mobile App) transfers to you or any third party any rights, title, or interest in or to such intellectual property rights, except for the limited access rights expressly outlined in Sections 2.1.-2.2.

2.5.2. We and Our suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.

User Content and NFT

3.1. “User Content” means all information and content that a user submits to, or uses with, the Website, the Marketplace, and the Mobile App (e.g., content in the user’s profile or postings).
3.2. You are solely responsible for your User Content.
3.3. You bear all risks associated with the use of your User Content, including any reliance on its accuracy, completeness, or any disclosure of your User Content that personally identifies you or any third party.
3.4. You hereby confirm that your User Content does not violate these Terms and related documents as Copyright policy, and our Acceptable Use Policy (defined in Section 3.9).
3.5. You are not allowed to represent or imply to others that your User Content is in any way provided, sponsored, or endorsed by Us.
3.5.1. We allow you to create an NFT from your User Content via Us and the Marketplace. The whole process of creating (“minting”) an NFT will be conducted by Us.
3.5.2. You can list your NFT on our Marketplace. Please, read our NFT Policy for more information.
3.6. Please be aware that we may delete your User Content at any time without prior notice in case User content violates the Terms of Use and Our applicable policies. Because of that, you are solely responsible for creating and maintaining your backup copies of your User Content if you desire.
3.7. We can use any User Content to promote the Website, the Marketplace, and the Mobile App. To learn more, please follow Our Copyright Policy.
3.8.1. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OF MORAL RIGHTS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
3.8.2. Accepting the Terms of Use, you grant to Us an irrevocable, nonexclusive, sublicensable, royalty-free, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your artwork including in the form of NFT in our social media, on the Website, the Marketplace, the Mobile App, including but not limited for providing, promoting our services.
3.8.3. You represent and warrant that you have, or have obtained, all rights, consents, permissions, to grant the rights to User content that you submit via the Website, the Marketplace, the Mobile App.

3.9. Acceptable Use Policy: You agree not to:
(i) upload, transmit, or distribute to or through the Website, the Marketplace, and the Mobile App any malware, computer viruses, worms, or any software intended to damage or alter a computer system or data;
(ii) send through the Website, the Marketplace, and the Mobile App unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
(iii) use the Website to harvest, collect, gather or assemble information or data regarding other users, including email addresses, without their consent;
(iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Website, the Marketplace, and the Mobile App, or violate the regulations, policies, or procedures of such networks;
(v) attempt to gain unauthorized access to the Website (or to other computer systems or networks connected to or used together with the Website, the Marketplace, and the Mobile App), whether through password mining or any other means;
(vi) harass or interfere with any other user’s use and enjoyment of the Website, the Marketplace, and the Mobile App;
(vii) use software or automated agents or scripts to produce multiple accounts on the Website, the Marketplace, and the Mobile App, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Website, the Marketplace, and the Mobile App (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Website, the Marketplace, and the Mobile App for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters outlined in our robots.txt file);
(viii) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(ix) further or promote any criminal activity or enterprise or provide instructional information about illegal activities, including to conceal economic activity, launder money, or financing terrorism;
(x) engage in or knowingly facilitate any “front-running,” “wash trading,” “pump and dump trading,” “ramping,” “cornering” or fraudulent, deceptive, or manipulative trading activities, including:
trading an NFT at lower or higher prices to create a false, misleading appearance of activity in such NFT, influencing the market price for such NFT or establishing a price which does not reflect the true state of the market in such NFT (including bidding on your own NFT, preventing bidding).
executing or causing the execution of any transaction in an NFT which involves no material change in the beneficial ownership thereof;
entering any order for the purchase or sale of an NFT with the knowledge that order of substantially the same size, and at substantially the same price, for the sale of such NFT, has been or will be entered by or for the same or different parties;
participating in, facilitating, assisting, or knowingly transacting with any pool, syndicate, or joint account organized for unfairly or deceptively influencing the market price of an NFT;
(xi) utilize the Marketplace to transact in securities, commodities futures, real estate or real estate leases, equipment leases, debt financings, equity financings, or other similar transactions;
(xii) utilize the Marketplace to buy, sell or advertise personal, professional, or business services.
If you violate acceptable use policy We can suspend or ban your Account without any prior notification.

3.10. Enforcement:
3.10.1. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate actions against you in Our sole discretion if you violate these Terms and related documents or otherwise impose liability on Us or any other person. Such action may include removing or modifying your User Content, terminating your Account under Section 11, and/or reporting you to law enforcement authorities.

Data Privacy and Security.

4. Data Usage: Sketchar collects, stores, and processes your personal and financial data as described in our Privacy Policy. By using the platform, you consent to the collection and use of your data in accordance with the Privacy Policy.

4.1. Security: Sketchar employs reasonable security measures to protect your data. However, you acknowledge that no system can be completely secure, and Sketchar cannot guarantee the absolute security of your information.

Intellectual Property.

6. Ownership: Sketchar and its licensors retain all rights, title, and interest in and to the platform, including all software, content, and intellectual property. These Terms do not grant you any rights to use Sketchar’s trademarks, logos, or other proprietary information without our prior written consent.

6.1. User Content: By submitting content (e.g., artworks, images, videos) to Sketchar, you grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, and display such content as necessary to provide the services.
6.2. Each Website, Marketplace, and Mobile App user is solely responsible for any of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other websites, the Marketplace, and Mobile App users are solely between you and such users. You agree that We will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any other Website, the Marketplace, and Mobile App users, we are under no obligation to become involved. For more details regarding the disputes that arise from copyright infringements, please read our Copyright Policy.

6.3 Third-Party Links & Ads; Other Users:
6.3.1. The Website, the Marketplace, and the Mobile App may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under our control, and We are not responsible for any Third-Party Links & Ads. We provide access to these Third-Party Links & Ads only as a convenience to you and do not review, approve, monitor, endorse, warrant, or make any representations for Third-Party Links & Ads.
6.3.2. You use all Third-Party Links & Ads at your own risk and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You can make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.

Disclaimer of Warranties.

7. Sketchar is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, Sketchar disclaims all warranties, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Sketchar does not warrant that the platform will be uninterrupted, error-free, or secure, or that any defects will be corrected.

Limitation of Liability.

7.1 To the maximum extent permitted by law, Sketchar shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising out of or in connection with your use of the platform, even if Sketchar has been advised of the possibility of such damages. Sketchar’s total liability to you for any claim arising out of or relating to these Terms or your use of the platform shall not exceed the amount you paid to Sketchar in the 12 months preceding the claim.

Release

8.1. You hereby release and forever discharge Us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Website, the Marketplace, and the Mobile App (including any interactions with, or act or omission of, other the Website and the Mobile App users or any Third-Party Links & Ads).
8.2. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR”.
9. DISCLAIMERS
9.1. THE WEBSITE, THE MARKETPLACE, AND THE MOBILE APP ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE WEBSITE, THE MARKETPLACE, AND THE MOBILE APP WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE WEBSITE, THE MARKETPLACE, AND THE MOBILE APP, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
9.2. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
10. LIMITATION ON LIABILITY
10.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT, SHALL WE (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, THE MARKETPLACE, AND THE MOBILE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF THE WEBSITE, THE MARKETPLACE, AND THE MOBILE APP IS AT YOUR DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
10.2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (THE U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
10.3. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
11. Term and Termination
11.1. Subject to this Section, these Terms will remain in full force and effect while you use the Website, the Marketplace, and the Mobile App. We may suspend or terminate your rights to use the Website, the Marketplace, and the Mobile App (including your Account) at any time for any reason at our sole discretion, including for any use of the Website, the Marketplace, and the Mobile App in violation of these Terms.
11.2. Upon termination of your rights under the Terms, your Account and right to access and use the Website, the Marketplace, and the Mobile App will terminate immediately.
11.3. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. We will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2.2 through 2.5, Section 3, and Sections 4 through 11.
11.4. If a court should find that one or more provisions contained in these Terms are invalid, you agree that the remainder of the Terms shall be enforceable.

12. Assignment
12.1. We shall have the right to assign our rights and/or delegate our obligations under these Terms, in whole or in part, to any person or business entity.
13. ARBITRATION AGREEMENT
13.1. PLEASE READ THIS ARBITRATION AGREEMENT CAREFULLY. IT IS A PART OF YOUR CONTRACT WITH THE US AND AFFECTS YOUR RIGHTS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
13.2. Dispute Resolution
13.2.1. Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of the Website and the Mobile App, and any product or service provided by Us that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement.
13.2.2. This Arbitration Agreement applies to you and Us, and any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
13.3. Notice Requirement and Informal Dispute Resolution
13.3.1. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Us should be sent to 160 Greentree Drive, Suite 101, City of Dover, Delaware 19904.
13.3.2. After the Notice is received, you and We may attempt to resolve the claim or dispute informally. If you and We do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding.
13.3.3. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
13.4. Arbitration Rules
13.4.1. Unless otherwise agreed to, all arbitration proceedings shall be held in English.
13.4.2. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules conflict with the Terms.
If you are a consumer, any claim, lawsuit, or dispute between you and Us arising out of or in connection with these Terms will be governed by the laws of your country of residence and you may resolve the dispute in any competent court of that country, otherwise, the arbitration rules shall prevail.
13.4.3. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief.
13.4.4. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (the US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules.
13.4.5. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time, and place of any oral hearings.
13.4.6. Each party shall bear its costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
13.5. Additional Rules for Non-Appearance Based Arbitration.
13.5.1. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
13.5.2. If non-appearance-based arbitration is elected, the arbitration shall be conducted by telephone, online, and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration.
13.6. Time Limits
13.6.1 If you or We pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim).
13.7. Authority of Arbitrator
13.7.1. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and We, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, and the Terms.
13.7.2. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Us.
13.8. WAIVER OF JURY TRIAL
13.8.1. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, INSTEAD ELECTING THAT ALL CLAIMS AND DISPUTES SHALL BE RESOLVED BY ARBITRATION UNDER THIS ARBITRATION AGREEMENT. ARBITRATION PROCEDURES ARE TYPICALLY MORE LIMITED, MORE EFFICIENT, AND LESS COSTLY THAN RULES APPLICABLE IN A COURT AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT. IN THE EVENT, ANY LITIGATION SHOULD ARISE BETWEEN YOU AND US IN ANY STATE OR FEDERAL COURT IN A SUIT TO VACATE OR ENFORCE AN ARBITRATION AWARD OR OTHERWISE, YOU AND WE WAIVE ALL RIGHTS TO A JURY TRIAL, INSTEAD ELECTING THAT THE DISPUTE IS RESOLVED BY A JUDGE.
13.9. WAIVER OF CLASS OR CONSOLIDATED ACTIONS
13.9.1. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
13.10 Confidentiality
13.10.1. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
13.11. Severability
13.11.1. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
13.12. Right to Waive
13.12.1. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
13.13. Survival of Agreement
13.13.1. This Arbitration Agreement will survive the termination of your relationship with Us.
13.14. Small Claims Court
13.14.1. Notwithstanding the foregoing, either you or We may bring an individual action in small claims court.
13.15. Emergency Equitable Relief
13.15.1. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
13.16. Claims Not Subject to Arbitration
13.16.1. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secrets shall not be subject to this Arbitration Agreement.
13.17. Courts
13.17.1. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within the County of Kent County, Delaware, for such purpose.14. Export
14.1. The Website, the Marketplace, and the Mobile App may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from Us, or any products utilizing such data, in violation of the United States export laws or regulations. 15. Electronic Communications
15.1. The communications between you and Us use electronic means, whether you use the Website, the Marketplace, and the Mobile App or send us emails, or whether We post notices on the Website, the Marketplace, and the Mobile App or communicate with you via email.
15.2. For contractual purposes, you
(a) consent to receive communications from Us in an electronic form; and
(b) consent to receive communications from Us in an electronic form; and
(b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that We provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in hardcopy writing. The foregoing does not affect your non-waivable rights.16. Entire Terms
16.1. These Terms constitute the entire agreement between you and Us regarding the use of the Website, the Marketplace, and the Mobile App. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
16.1.1. The section titles in these Terms are for convenience only and have no legal or contractual effect.
16.1.2. The word “including” means “including without limitation”.
16.2. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
16.3. Your relationship with Us is that of an independent contractor, and neither party is an agent or partner of the other. For instance, as one of Our features, We offer you the limited services to transform your User Content in the form of NFT, sell it on the Marketplace, and transfer your earnings (Section 1.3., Section 3).

Governing Law and Dispute Resolution.

You agree to indemnify, defend, and hold harmless Sketchar, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with your use of the platform, your violation of these Terms, or your infringement of any rights of a third party.

Changes to These Terms.

Sketchar may update or modify these Terms from time to time. We will notify you of any significant changes by posting the new Terms on our website and updating the “Last Updated” date. Your continued use of the platform after any such changes constitutes your acceptance of the new Terms.

Contact Us.

If you have any questions or concerns about this Privacy Policy or our data practices, please contact us at:

Email: [email protected]

Address: Antakalnio 17, Vilnius, Lithuania, LT-10312

Thank you for choosing Sketchar for your creativity!