Terms of Service

Last Updated: [Date] Effective Date: [Date]

NOTE FOR LEGAL REVIEW: This is a draft template prepared for review by qualified legal counsel. Please verify compliance with your jurisdiction (Singapore Pte Ltd / Delaware C-Corp recommended) and applicable laws (GDPR for EU users, PDPA for Singapore/Thailand, CCPA for California).

1. Acceptance of Terms

By accessing or using W/\NG ("WAG", the "Platform", "Service"), operated by [Legal Entity Name] ("we", "us", "our"), you ("User", "you") agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Service.

You must be at least 16 years old to use the Service. If you are under 18, you confirm that you have parental or guardian consent.

2. Description of Service

W/\NG is an augmented reality (AR) art gallery platform that:

Displays digital artworks in physical urban environments via AR technology
Connects artists, galleries, curators, and viewers
Provides geo-anchored AR content using location services and ARCore Geospatial API
Enables submission, curation, and rotation of artworks across cities

3. User Accounts and Roles

The Service supports the following user roles:

Viewer — discovers and views AR artworks
Artist — uploads original artworks for curation
Gallery — represents groups of artists, manages curated catalog
Curator — places approved works in geographic locations
Moderator — reviews content and reports
Admin — full platform access

Users must:

Provide accurate registration information
Maintain account security (use strong passwords, enable MFA where required)
Notify us immediately of unauthorized access
Not share, sell, or transfer accounts

We reserve the right to suspend or terminate accounts violating these Terms.

4. Content and Intellectual Property

4.1 User Content

By uploading content (artworks, descriptions, profile information) to the Service:

You retain ownership of your intellectual property
You grant us a worldwide, non-exclusive, royalty-free license to host, display, distribute, and promote your content within the Service
You warrant that you have all rights to upload and grant such license
You warrant the content does not infringe third-party rights

4.2 Prohibited Content

You may not upload content that:

Infringes intellectual property of others
Contains illegal material, hate speech, harassment, or threats
Sexualizes minors or depicts non-consensual content
Promotes violence, terrorism, or dangerous activities
Contains malware, viruses, or harmful code
Misrepresents authorship or origin (including unauthorized AI-generated content claiming to be hand-made)

See our Content Policy ("What We Don't Show") for detailed restrictions.

4.3 AI-Generated and AI-Assisted Content

If you upload content created using AI tools, you must:

Disclose AI usage during upload (AI-assisted, AI-generated, or mixed)
List tools used (e.g., Midjourney, Stable Diffusion, Adobe Firefly)
Confirm you have rights to commercial use of any AI-generated outputs

Failure to disclose AI involvement may result in content removal and account suspension.

4.4 Platform IP

The W/\NG name, logo, design system, frame templates library, software, and platform architecture are owned by us. You may not copy, modify, reverse-engineer, or create derivative works without explicit written permission.

5. Curation and Placement

5.1 Submission Process

Artists submit works for consideration through Open Calls. Submission does not guarantee selection. Curators evaluate works based on:

Artistic quality and relevance to the call theme
Technical compatibility with platform requirements
Editorial fit with platform standards
Available slots in the requested zone (Red/White)

5.2 Placement Authority

Curators and Admins have sole discretion to:

Place approved works at geographic coordinates
Set visibility duration and rotation schedules
Move, modify, or remove placements
Adjust calibration parameters

Artists have no right to demand specific placement locations.

5.3 Removal

We reserve the right to remove any content at any time without notice for:

Violation of these Terms or Content Policy
Legal requirements
Technical issues
Curatorial decisions

6. Geolocation and AR Use

6.1 Permissions Required

The Service requires:

Camera access (to render AR)
Location services (to discover nearby works)
Internet connection (for content loading and VPS positioning)
Optional: Push notifications (for proximity alerts)

You may revoke these permissions at any time via device settings, but core functionality may be unavailable.

6.2 Safety Disclaimer

Use AR features safely:

Do not use while driving, biking, or operating machinery
Be aware of your physical surroundings
Do not enter restricted, private, or unsafe areas to view AR content
We are not responsible for injuries sustained during AR use

6.3 Location Data

We collect location data only as necessary for service operation. See our Privacy Policy for details. Location history is not stored or sold.

7. Galleries and Partnerships

Galleries registering on the platform:

Represent that they have rights to feature listed artists
Are responsible for relationships with their represented artists
Must obtain artist consent for any monetization arrangements
May not impose terms on artists that conflict with these Terms

8. Monetization (Reserved)

The platform may introduce monetization features in the future, including but not limited to:

Paid placement slots
Premium artist/gallery subscriptions
Brand partnerships
Commission on sales

By using the Service, you acknowledge that monetization terms may be added with reasonable notice.

9. Privacy

Your privacy is governed by our Privacy Policy, which is incorporated into these Terms by reference.

10. Modifications to Service

We may modify, suspend, or discontinue the Service at any time. We will provide reasonable notice of material changes affecting users.

11. Termination

We may terminate or suspend your access immediately, without prior notice, for:

Material breach of these Terms
Illegal activity
Harm to other users or the platform
Extended account inactivity (24+ months)

Upon termination:

Your right to use the Service ceases
We may retain certain data as required by law
You may request data export within 30 days of termination

12. Disclaimers

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE DO NOT WARRANT:

Uninterrupted or error-free operation
Accuracy of AR positioning (subject to GPS/VPS limitations)
Permanent availability of any specific feature
Compatibility with all devices

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR:

Indirect, incidental, special, or consequential damages
Loss of profits, data, or business opportunities
Physical injuries from AR use
Disputes between users (artist-gallery, viewer-artist, etc.)

OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF $100 USD OR AMOUNTS PAID TO US IN THE PAST 12 MONTHS.

14. Indemnification

You agree to indemnify and hold us harmless from claims arising from:

Your User Content
Your violation of these Terms
Your violation of third-party rights
Your use of the Service

15. Dispute Resolution

15.1 Informal Resolution

15.2 Governing Law

These Terms are governed by the laws of [Jurisdiction TBD: Singapore / Delaware / EU].

15.3 Arbitration

Disputes shall be resolved through binding arbitration under [SIAC / AAA] rules, except where prohibited by law.

16. Miscellaneous

Severability: If any provision is invalid, the rest remains in effect
No Waiver: Failure to enforce any right does not waive it
Entire Agreement: These Terms constitute the entire agreement
Assignment: We may assign our rights; you may not without written consent

17. Contact

Questions: legal@wag.gallery DMCA: dmca@wag.gallery Support: support@wag.gallery

By using W/\NG, you acknowledge that you have read, understood, and agreed to these Terms of Service.