OpenArt Terms of Service

Last Updated: February 10, 2026

Welcome to OpenArt

Welcome to OpenArt. These Terms of Service ("Terms") govern your use of the OpenArt website at openart.ai and its subdomains, our software application, and all related services, content, and features (collectively, the "Services").

PLEASE READ THESE TERMS CAREFULLY. By accessing or using the Services in any way, you represent that you have read, understand, and agree to be bound by these Terms.

Contents

1. Using OpenArt
2. Accounts
3. Purchases and Subscriptions
4. Generated Images and Ownership
5. User Content and Conduct
6. Intellectual Property and Copyright
7. Disclaimers and Limitations of Liability
8. Dispute Resolution and Arbitration
9. General Provisions

1. Using OpenArt

1.1 The Service

OpenArt is a platform that provides AI-powered image generation and posting services. The Services include our website, software application, and all related functionality. You must be at least 18 years old to use OpenArt. If you are under 18, you may not use the Services.

1.2 License to Use Services

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal or business purposes.

1.3 Service Changes and Updates

We regularly improve our Services. We may, for example:

• update, modify, or discontinue any part of the Services at any time
• impose or modify limitations on certain features
• restrict access to parts or all of the Services

We'll try to give you notice of material changes that adversely affect you, but this isn't always practical.

1.4 Availability

We strive to ensure high reliability and uptime, but we make no guarantee of availability. The Services are provided "as is" and "as available." We may integrate with third-party applications, websites, and services that we do not control or guarantee.

1.5 Changes to These Terms

We may change these Terms from time to time. If we do, we will:

• update the "Last Updated" date
• post the updated terms on our website

Your continued use of the Services after changes take effect means you agree to the new Terms. If you don't agree, you must stop using the Services.

2. Accounts

2.1 Creating an Account

An account is required to access image generation and posting features. When you create an account, you must:

• Provide accurate, complete, and current information
• Keep your registration information up to date
• Select a username you have the right to use
• Not impersonate others
• Be at least 18 years old

2.2 Third-Party Account Access

You may be able to access the Services using credentials from third-party services like Google or Discord. By doing so, you permit us to access certain information from that account as allowed by your privacy settings.

2.3 Account Security

You are responsible for:

• Keeping your account credentials secure
• Not sharing your account with anyone
• All activities that occur under your account

Notify us immediately at [email protected] if you suspect unauthorized use of your account.

2.4 Account Restrictions

You may not:

• Create an account using false information
• Create an account on behalf of someone else without permission
• Have more than one account at a time
• Create a new account if we've previously terminated your account

2.5 Account Termination

We may suspend or terminate your account at any time if you violate these Terms. If we terminate your account:

• You lose access to all Services and your data
• We have no obligation to store or return your data

3. Purchases and Subscriptions

3.1 Membership Services and Credits

Account purchases and subscriptions provide you with:

• Credits: Virtual credits used to generate images on OpenArt
• Membership Services: Premium features available only to subscribers

3.2 Credit Rules

• Credits may only be used for generating images on OpenArt
• Credits are not redeemable for cash or other goods/services
• Credits may not be transferred to other users
• Unused credits do not carry forward after subscription termination
• After your subscription ends, you lose access to paid credits

3.3 Payment Processing

We use Stripe, Inc. as our payment processor. By making purchases, you agree to:

• Stripe's Terms of Service at https://stripe.com/legal
• Stripe's Privacy Policy at https://stripe.com/privacy
• Provide accurate and complete payment information
• Authorize us and Stripe to charge your chosen payment method

We are not responsible for errors or issues by the payment processor.

3.4 Billing and Charges

• All prices are in U.S. Dollars
• Prices do not include applicable taxes, which are assessed by our payment processor
• You must pay all fees when due
• If payment fails on a renewal date, we may terminate your Membership Services
• You must immediately notify us of any changes to your payment information

3.5 Subscription Auto-Renewal

IMPORTANT: Unless you opt out of auto-renewal, any subscription will automatically renew for successive periods of the same duration at our then-current rate.

To change or cancel your subscription:

• Log into your account and visit your Payment Settings page, OR
• Contact [email protected]

TO AVOID BEING CHARGED FOR A RENEWAL, YOU MUST CANCEL BEFORE THE END OF YOUR CURRENT SUBSCRIPTION PERIOD.

3.6 Cancellation and Refunds

• All purchases are non-refundable
• You may cancel your subscription at any time
• If you cancel, your subscription remains active until the end of the current billing period
• No prorated refunds are provided for the current billing period
• Subscriptions cannot be terminated before the end of the period you've already paid for

3.7 Pricing Changes

We may change our pricing at any time. If a price change affects your active subscription, we will notify you. If you don't agree with the price change, you may cancel your subscription.

3.8 Current Payment Information Required

You must provide current, complete, and accurate payment information. You must promptly update all information to keep it accurate, including:

• Billing address changes
• Credit card number updates
• Credit card expiration date changes

You must notify us immediately if your payment method is canceled or compromised.

4. Generated Images and Ownership

4.1 Ownership of Generated Images

OpenArt makes no claims of ownership or copyright of AI-generated images. For all subscription levels, you may freely use images you generate for non-commercial purposes, subject to these Terms and applicable law. For subscription levels at, and above, the “Advanced” level, you may also freely use images you generate for commercial purposes, subject to these Terms and applicable law.

4.2 No Guarantees

• AI model output may be unpredictable
• Generated images are not guaranteed to match your input prompt
• We make no warranties regarding the quality, accuracy, or nature of generated images
• You are solely responsible for ensuring your use complies with all applicable laws

4.3 Restrictions on Image Generation

You may not attempt to generate content that:

• Is illegal in your jurisdiction
• Infringes intellectual property rights
• Contains sexually explicit or pornographic content
• Depicts minors in any inappropriate manner
• Contains hate speech or discriminatory content
• Promotes violence, harassment, or harm
• Violates any applicable law or regulation

4.4 Access Restrictions

• Do not access our generation service except through openart.ai or our official app
• Only real human interactions are allowed
• No automated access, bots, or scripts
• No attempts to circumvent security features

5. User Content and Conduct

5.1 Your Responsibilities

You are solely responsible for all content you upload, post, share, store, or otherwise provide through the Services ("User Content"). You represent and warrant that:

• You own or have all necessary rights to your User Content
• Your User Content does not infringe any third-party rights
• Your User Content complies with these Terms and applicable law

5.2 Prohibited Content

You may not upload, share, or transmit User Content that:

a. Legal Violations:

• Is unlawful, harmful, fraudulent, or deceptive
• Violates any law or regulation
• Encourages or provides instructions for criminal offenses
• Contains inside information or confidential information you don't have the right to share

b. Harmful Content:

• Is threatening, abusive, harassing, or defamatory
• Is obscene, lewd, indecent, or sexually explicit
• Contains hate speech or discriminatory content
• Promotes violence or animal cruelty
• Harms or exploits children in any way

c. Rights Violations:

• Infringes copyright, trademark, patent, trade secret, or other intellectual property rights
• Violates privacy, publicity, or other personal rights
• Contains personal information of others without consent

d. Disruptive Content:

• Contains viruses, malware, or harmful code
• Contains unsolicited advertising or spam
• Is objectionable or restricts others from using the Services

5.3 License to Your User Content

When you provide User Content through the Services, you grant OpenArt a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable, and transferable license to:

• Operate and provide the Services
• Label, classify, and moderate content

5.4 Privacy and Data Storage

Data Retention:

• Subscribers: Private creations are stored during your subscription and accessible until you delete them or end your subscription
• Non-subscribers: Private creations are stored for 7 days, then automatically deleted if not published
• All deletions are final and irreversible

Your creations are private by default and only shared if you choose to publish or share them.

5.5 Additional Restrictions

You may not:

• Modify, reverse engineer, or decompile the Services
• Circumvent any security features
• Interfere with the proper functioning of the Services
• Place unreasonable load on our infrastructure
• Use automated tools to scrape, crawl, or copy data
• Copy or store significant portions of Content from the Services
• Remove or obscure copyright or proprietary notices

5.6 Enforcement

We reserve the right, but have no obligation, to:

• Monitor and review User Content
• Remove or refuse to process any User Content
• Terminate accounts that violate these Terms

If you notice violations, please report them to [email protected].

6. Intellectual Property and Copyright

6.1 OpenArt's Rights

Except for User Content, OpenArt and its licensors own all rights, title, and interest in the Services, including:

• Software, code, and algorithms
• Designs, graphics, and user interfaces
• Trademarks and branding
• Documentation and content

You may not remove, alter, or obscure any copyright, trademark, or proprietary notices.

6.2 DMCA Copyright Policy

We respect intellectual property rights and expect our users to do the same. We will respond to valid copyright infringement notices and may terminate repeat infringers.

6.3 Filing a Copyright Infringement Notice

If you believe content on OpenArt infringes your copyright, send a notice to our Designated Agent containing:

1. Your physical or electronic signature (or signature of someone authorized to act on your behalf)
2. Identification of the copyrighted work being infringed
3. Identification of the infringing material and its location on OpenArt
4. Your contact information (address, telephone number, email)
5. A statement that you have a good faith belief the use is not authorized
6. A statement under penalty of perjury that the information is accurate and you're authorized to act on behalf of the copyright owner

Send notices to: OpenArt Designated Agent
General Counsel
Email: [email protected]

6.4 Counter-Notice Procedure

If your content was removed due to a copyright complaint and you believe it was removed in error, you may file a counter-notice containing:

1. Your physical or electronic signature
2. Identification of the removed material and where it appeared
3. A statement under penalty of perjury that the material was removed by mistake or misidentification
4. Your name, address, telephone number, and email
5. Consent to jurisdiction in the appropriate Federal Court or, if outside the U.S., any judicial district where OpenArt is located
6. Statement that you'll accept service of process from the complainant

We may restore removed material 10-14 business days after receiving a valid counter-notice, unless the copyright owner files a court action.

7. Disclaimers and Limitations of Liability

7.1 "AS-IS" SERVICE WARRANTY DISCLAIMER

THE SERVICES ARE PROVIDED "AS-IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, OPENART DISCLAIMS ALL WARRANTIES, INCLUDING:

• Warranties of merchantability
• Fitness for a particular purpose
• Non-infringement
• That the Services will be uninterrupted, timely, secure, or error-free
• That results will be accurate or reliable
• That errors or malfunctions will be corrected

7.2 AI Output Disclaimer

We make no representation or warranty regarding:

• The originality, legality, accuracy, or fitness of any AI-generated images
• Whether AI output infringes third-party rights

You are solely responsible for your use of and reliance on generated images.

7.3 Third-Party Content Disclaimer

We are not responsible for:

• User Content or content provided by third parties
• The accuracy, legality, or quality of third-party content
• Third-party websites, applications, or services linked from our Services

7.4 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, OPENART SHALL NOT BE LIABLE FOR:

a. Types of Damages:

• Indirect, incidental, special, consequential, or punitive damages
• Lost profits, revenue, or business
• Loss of data or goodwill
• Cost of substitute services
• Business interruption

b. Monetary Cap: Under no circumstances shall OpenArt's total liability exceed the greater of:

• $100, OR
• The amounts you paid to OpenArt in the 12 months preceding the claim

c. Matters Beyond Our Control: We are not liable for delays or failures resulting from causes beyond our reasonable control, including:

• Acts of God, war, terrorism, riots, or pandemics
• Internet outages or cyber attacks
• Government actions or regulations
• Strikes or shortages of labor, materials, or transportation
• Unavailability of third-party AI models or services

7.5 Indemnification

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

• Your use or misuse of the Services
• Your User Content or AI-generated images
• Your violation of these Terms
• Your violation of any law or third-party rights
• Any dispute between you and a third party

We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense.

8. Arbitration

You agree to arbitrate any dispute, claim, or controversy arising out of or relating to:

• Your access to or use of the Services
• Any AI-generated images or outputs
• These Terms (including any prior versions)
• Any aspect of your relationship with OpenArt

You and OpenArt agree to bring claims against each other only on an individual basis, not as part of any class, representative, or collective action.

This means:

• No class arbitrations
• No class actions
• No representative actions
• No private attorney general actions

YOU AND OPENART WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHT TO SUE IN COURT AND HAVE A TRIAL BEFORE A JUDGE OR JURY.

9. General Provisions

9.1 Governing Law and Venue

These Terms are governed by the laws of the State of Delaware and applicable federal law, without regard to conflict of law principles.

For disputes not subject to arbitration, you agree to the exclusive jurisdiction of the state and federal courts located in California.

9.2 Export Controls

You represent that:

• You are not located in any U.S.-embargoed country
• You are not on any U.S. government list of prohibited or restricted parties
• You will comply with all applicable export control and sanctions laws

You may not use or export the Services except as authorized by U.S. and other applicable laws.

9.3 Electronic Communications

You consent to receive communications from us electronically, including:

• Email messages
• Posted notices on the Services
• In-app notifications

You agree that all electronic communications satisfy any legal requirement for written communications.

9.4 Assignment

You may not assign, transfer, or delegate these Terms or your rights and obligations without our prior written consent. We may freely assign these Terms without your consent. Any attempted transfer in violation of this section is null and void.

9.5 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and OpenArt regarding the Services and supersede all prior agreements and understandings.

9.6 Severability

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

9.7 Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized OpenArt representative.

9.8 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights except as expressly stated.

9.9 Relationship of Parties

These Terms do not create any agency, partnership, joint venture, employment, or franchisee relationship between you and OpenArt.

9.10 User Outside the U.S.

The Services are controlled and operated from the United States. If you access the Services from outside the U.S., you do so at your own risk and are responsible for compliance with local laws.

9.11 Language

The parties expressly wish that these Terms and all related documents be drawn up in English.

9.12 Contact Information

For questions, complaints, or notices regarding these Terms or the Services, contact us at:

Email: [email protected]

9.13 California Residents

Under California Civil Code Section 1789.3, California residents may report complaints to:

 Complaint Assistance Unit
Division of Consumer Services
California Department of Consumer Affairs
1625 North Market Blvd., Suite N-112
Sacramento, CA 95834

Phone: (800) 952-5210

Acknowledgment

By using OpenArt, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

Last Updated: February 10, 2026

OpenArt | [email protected] | openart.ai