Introduction
Sketchar Inc. operates the website (sketchar.io), mobile app, VR headset app, and Ambassadors Platform. By using any Sketchar service, you agree to comply with these Terms & Conditions. Non-compliance may result in legal consequences.
Acceptance of Terms
Users must be at least 18 years old or have reached the legal age of majority in their jurisdiction. Minors should review these terms with a parent or guardian. The company may modify terms with 20 calendar days’ notice; continued use indicates acceptance.
Key requirements include:
- All registration information must be truthful and accurate
- Users are responsible for maintaining account confidentiality
- Users must report unauthorized access immediately
- False information can result in account consequences
User Eligibility
Users must have legal capacity to enter binding agreements and be at least 18 years old or meet their jurisdiction’s age of majority requirement.
Account Registration and Security
Registration Requirements
- Provide accurate, truthful information
- Update information as needed
- Accept responsibility for false information consequences
Account Deletion
Users may delete accounts anytime. Upon deletion, the company removes user content and uploaded materials, though legal requirements may necessitate retention. Content shared by others remains unaffected.
Email Communications
Users consent to product updates and newsletters upon signup. Marketing emails are optional and can be toggled via unsubscribe links.
Subscription (Pro Account)
- Advanced features require subscription purchase
- Payment information may be requested for transactions
- Users authorize the company to provide payment details to service providers
- All payments are non-refundable and non-transferable except as specified
- The company may decline purchases if credit cards are declined or fraud is suspected
- Users can cancel or restore subscriptions anytime
Verification
Verification provides access to special features and a verification badge. Requirements include:
- Cover image
- Profile picture
- Biography
- Link to public profile (Instagram, portfolio, etc.)
- At least one artwork created on the Mobile App
Sketchar Ambassadors Platform
The Ambassadors Platform enables creators to share promotional content and earn rewards. The platform supports TikTok Login for authentication, allowing access to public profile data and video performance metrics.
TikTok Integration
- Users authorize Sketchar to access public profile and analytics data
- Integration is read-only; Sketchar cannot post or modify TikTok content
- Users may disconnect at any time
- Data is deleted within 30 days of disconnection or program termination
Payments and Taxes
Users are solely responsible for determining applicable taxes on earnings and remitting correct amounts to relevant authorities. The company bears no responsibility for tax obligations.
Access to Services
License Grant
The company grants a non-transferable, non-exclusive, revocable license for personal, non-commercial use only.
Restrictions
Users cannot:
- License, sell, rent, lease, transfer, or commercially exploit services
- Modify, disassemble, reverse compile, or reverse engineer the platform
- Build competing products using the platform
- Copy or distribute materials without authorization
- Retain all copyright notices on any copies
Modification
Services are provided “AS IS” and “AS AVAILABLE.” The company reserves the right to modify, suspend, or discontinue services without notice and bears no liability for modifications.
Ownership
The company and its suppliers own all intellectual property rights in the platform. These terms grant no ownership rights except as explicitly stated.
User Content
Users define “User Content” as information submitted to or used with Sketchar services.
Responsibilities
- Users are solely responsible for their content
- Users assume all risks associated with content accuracy and disclosure
- Content must not violate terms or policies
- Users cannot claim company endorsement of their content
Content Deletion
The company may delete content violating terms without notice. Users are responsible for maintaining backup copies.
Usage Rights
The company may use user content to promote services. Users grant an irrevocable, nonexclusive, sublicensable, royalty-free, worldwide license to reproduce, distribute, display, and perform content.
Acceptable Use Policy
Users agree not to:
- Upload malware or viruses
- Send spam or unsolicited promotional materials
- Harvest user information without consent
- Interfere with network operations
- Attempt unauthorized access
- Harass other users
- Impersonate others
- Promote illegal activities
Violations may result in suspension or account termination without notice.
Data Privacy and Security
Personal and financial data collection, storage, and processing follow the Privacy Policy. By using the platform, users consent to data collection and usage as described.
The company employs reasonable security measures but cannot guarantee absolute security. Data is retained as necessary for stated purposes or legal requirements, then securely deleted or anonymized.
Intellectual Property
Ownership
Sketchar and licensors retain all rights, title, and interest in the platform, including software, content, and intellectual property. Terms grant no usage rights for trademarks or logos without written consent.
User Content
By submitting content, users grant a non-exclusive, royalty-free, worldwide license for necessary service provision.
Disclaimer
The company is not responsible for user-generated content accuracy, currency, or suitability. User interactions occur solely between users; the company assumes no responsibility for disputes.
Third-Party Links
The platform may contain third-party links and advertisements not under company control. The company does not review, endorse, or warrant third-party content. Users access third-party materials at their own risk.
Warranties and Disclaimers
The platform is provided “AS IS” and “AS AVAILABLE.” The company disclaims all warranties, whether express or implied, including merchantability and fitness for particular purposes. Services are not warranted to be uninterrupted, error-free, or secure.
For consumers in applicable jurisdictions, implied warranties are limited to 90 days from first use.
Limitation of Liability
To the maximum extent permitted by law, the company is not liable for indirect, incidental, special, consequential, or punitive damages, including lost profits or data. Company liability is capped at $50 USD for any claim or the amount paid to Sketchar in the preceding 12 months, whichever is greater.
Release
Users release the company and related parties from any claims arising from platform use, including interactions with other users or third-party content.
California Residents
California residents waive protections under Civil Code Section 1542 regarding unknown claims.
Term and Termination
These terms remain in effect during platform usage. The company may suspend or terminate user rights for any reason, including term violations. Account termination results in immediate access loss and potential user content deletion. Certain provisions survive termination, including intellectual property, user content, and dispute resolution sections.
Dispute Resolution and Arbitration
Notice Requirement
Before arbitration, parties must send written notice describing the dispute and requested relief to: 160 Greentree Drive, Suite 101, Dover, Delaware 19904.
Informal Resolution
Parties have 30 days to resolve disputes informally after notice is received.
Arbitration
All claims must be resolved through binding arbitration via the American Arbitration Association (AAA) rather than court proceedings, except for claims involving defamation, Computer Fraud and Abuse Act violations, or intellectual property misappropriation.
Rules
- Proceedings occur in English
- Claims under $10,000 USD may use non-appearance-based arbitration
- Hearings occur within 100 miles of user residence or by agreement
- Each party bears its own costs and shares ADR provider fees equally
Limitations
- Parties waive jury trial rights
- Claims must be arbitrated individually, not as class actions
- Arbitration procedures are confidential
- Either party may seek emergency equitable relief in court
Consumer Exception
Consumers may resolve disputes in competent courts of their country of residence.
Small Claims
Either party may bring individual actions in small claims court.
Venue
Litigation occurs in Kent County, Delaware courts.
Export Compliance
Users agree not to export or re-export platform materials in violation of U.S. export control laws or other countries’ regulations.
Electronic Communications
Users consent to receive electronic communications from the company, which satisfy legal requirements for written communications.
Entire Agreement
These terms constitute the complete agreement regarding platform use. Section titles are for convenience only. The word “including” means “including without limitation.” If any provision is invalid, remaining provisions continue in full force.
User relationships with the company are independent contractor arrangements; neither party is an agent or partner of the other.
Indemnification
Users indemnify, defend, and hold harmless the company, affiliates, officers, directors, employees, and agents from claims, liabilities, damages, losses, costs, and expenses (including attorney fees) arising from platform use, term violations, or third-party rights infringement.
Changes to Terms
Sketchar may update terms anytime. Significant changes are posted with updated “Last Updated” dates. Continued use constitutes acceptance of new terms.
Contact Information
Email: hello@sketchar.io
Address: Antakalnio 17, Vilnius, Lithuania, LT-10312