Make art.Respect the source.

These Terms of Use are between you and the developer identified as the App Provider on the Living Paintings App Store listing (“Living Paintings,” “we,” or “us”). By downloading, purchasing, or using the app, you agree to these terms. Apple is not a party to them. Unless the final App Store listing states that a custom license agreement applies, Apple's Standard Licensed Application End User License Agreement also applies and these terms supplement it. Mandatory consumer rights and Apple's controlling terms prevail if there is a conflict.

You must be legally able to agree to these terms. Living Paintings is not directed to children under 13. If you are under the age of majority where you live, a parent or guardian must review and accept these terms and supervise your use. The account holder is responsible for permitted use on devices and through Family Sharing.

Subject to these terms and Apple's license, you receive a personal, limited, non-exclusive, non-transferable, revocable license to use Living Paintings on supported Apple devices you own or control and as Apple otherwise permits. You may browse licensed catalogue works, convert pictures into deterministic living paintings, create from prompts or prompts plus pictures, organize playlists, play eligible user-library music alongside a painting, and make supported exports. You may not copy, resell, rent, sublicense, reverse engineer, bypass security or purchase checks, extract bundled models or catalogue payloads, or use the app in a way prohibited by law, except where applicable law expressly permits it.

Third-party components remain subject to their own licenses. Where an applicable third-party license grants you rights to use, copy, modify, extract, or redistribute a component, these Terms do not restrict those rights. That license controls any conflict concerning that component, including the on-device model described in section 6. You must still comply with its conditions and use restrictions. This exception does not grant additional rights in the rest of Living Paintings.

You retain any rights you already have in pictures, prompts, masks, music selections, and other material you provide. You must have the rights and permissions needed to use that material, including permission from people depicted where required. Living Paintings does not claim ownership of your inputs. You authorize only the limited local, private-iCloud, and user-directed export processing needed to provide the features you choose. Importing a publicly reachable image does not itself grant copyright, publicity, privacy, or trademark rights in that image.

Generative results can be incomplete, inaccurate, unexpected, biased, or visually similar to other results. Counts, anatomy, relationships, text, and requested subjects may be wrong. Review every result before saving or sharing it. We do not promise that a result is unique, non-infringing, suitable for a particular use, or eligible for copyright or other protection. Your rights in a result depend on applicable law and third-party rights. The app is a creative tool, not a source of factual, legal, medical, safety, or professional advice.

The on-device image generator includes the Stable Diffusion 2.1 model under the CreativeML Open RAIL++-M License dated November 24, 2022. The model and any derivative of it are subject to the use restrictions in paragraph 5 and Attachment A of that license. A complete copy is delivered inside the app under Settings → AI Model License and is also available from the exact, immutable upstream license record. You must not use the model or a derivative of the model:

• in any way that violates an applicable national, federal, state, local, or international law or regulation;
• to exploit, harm, or attempt to exploit or harm minors in any way;
• to generate or disseminate verifiably false information or content for the purpose of harming others;
• to generate or disseminate personally identifiable information that can be used to harm an individual;
• to defame, disparage, or otherwise harass others;
• for fully automated decision-making that adversely affects an individual's legal rights or otherwise creates or changes a binding, enforceable obligation;
• for a use intended to, or having the effect of, discriminating against or harming people or groups based on online or offline social behavior or known or predicted personal or personality characteristics;
• to exploit the vulnerabilities of a group based on age or social, physical, or mental characteristics in order to materially distort a person's behavior in a way that causes, or is likely to cause, physical or psychological harm;
• for a use intended to, or having the effect of, discriminating against people or groups based on legally protected characteristics or categories;
• to provide medical advice or interpret medical results; or
• to generate or disseminate information for use in the administration of justice, law enforcement, immigration, or asylum processes, including predicting whether a person will commit fraud or a crime.

You are responsible for the results you generate and how you use them. These restrictions are conditions of your right to use the on-device model and survive any private or offline use.

Do not use Living Paintings to violate law or another person's rights; create or distribute child sexual abuse material, non-consensual intimate imagery, unlawful threats, fraud, malware, or deceptive impersonation; exploit or sexualize minors; evade safeguards; or knowingly infringe copyright, privacy, publicity, trademark, or contractual rights. Do not present generated media as an authentic record of a real event or person when doing so would deceive or harm others. Private, on-device operation is not permission for unlawful or abusive use. We may limit or terminate access when reasonably necessary to comply with law, enforce these terms, or protect people, the app, or third-party services.

If you provide an HTTPS image address, your device contacts that host directly. The host's availability, security, terms, and privacy practices are outside our control. Do not submit credential-bearing, private-network, unlawful, or malicious URLs. Living Paintings may reject redirects, unsupported media, oversized files, private hosts, or content that cannot be handled safely. Third-party names, services, museum records, and source links do not imply sponsorship or endorsement.

Music integration requires your permission and a track Apple makes playable on the current device and account. Apple, the content provider, your subscription, network state, download state, region, account, and digital-rights controls determine availability. Living Paintings stores a limited reference to your selection and asks the system player to play it; it does not grant music rights, remove protection, or authorize redistribution. Music remains playback-only and is excluded from exported videos. You are responsible for any public-performance, synchronization, reproduction, or other music rights required for your use.

Bundled and optional catalogue paintings are licensed and credited individually. Museum and provider names identify sources and do not imply endorsement. You may use the app's ordinary playback and supported personal export features, but you may not extract, redistribute, or resell catalogue source files, stroke programs, metadata compilations, models, or pack payloads as standalone assets. A work's public-domain source status does not waive rights in the app, its code, its compilation, or its newly created deterministic painting program. These restrictions remain subject to the third-party-license exception in section 3 and do not claim ownership of public-domain artwork or limit rights independently granted by its source license.

Apple sells the app and any in-app collections. Prices, taxes, billing, refunds, Family Sharing eligibility, purchase approval, and payment disputes are governed by Apple and the App Store. Eligible non-consumable purchases can be restored through the same Apple account. Ownership may change after a refund, charge reversal, account change, or Family Sharing change. Living Paintings will not intentionally sell the same painting in more than one owning pack, but launch pricing and pack composition are not final until shown in the App Store purchase sheet.

Living Paintings is designed to work locally. Optional continuity and same-account transfers depend on iCloud, CloudKit, your Apple account, storage, network access, and Apple's services. We do not guarantee uninterrupted synchronization or recovery of deleted data. Keep independent copies of exports that matter to you. A private cloud deletion may remain pending while offline and is not represented as complete until confirmed. Apple may retain purchase or service records under its own policies.

You choose the destination for an export or system share. You are responsible for reviewing the result, removing private material, and having the rights needed to publish it. Exports do not include protected user-library music. A recipient who does not have Living Paintings may receive a conventional video rather than the interactive painting program.

We may update the app to improve quality, compatibility, safety, rights compliance, or legal compliance. Supported systems, catalogue availability, third-party integrations, and features can change. We will not knowingly remove a paid entitlement merely to resell the same painting, but a work or service may be removed when rights, law, safety, platform policy, or technical integrity requires it. Material changes to these terms will be dated and presented as required by law.

To the maximum extent permitted by applicable law, Living Paintings is provided “as is” and “as available,” without promises that every generation will meet a prompt, every third-party track or service will remain available, or operation will be error-free. The App Provider is not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or loss of data, profits, goodwill, or opportunity, to the extent such exclusions are lawful. Nothing in these terms excludes liability that cannot legally be excluded, or limits statutory consumer guarantees, remedies, or rights. The final release terms will state any required monetary cap only after legal review.

You may stop using and delete the app at any time. Your Apple purchase history and data held by Apple are governed by Apple. We may suspend or terminate access when required by law, platform action, a material breach, or a serious safety or integrity risk. Provisions concerning rights, acceptable use, ownership, disclaimers, liability, and disputes survive where their nature requires it.

The governing-law and forum provisions in Apple's Standard EULA apply unless mandatory law requires otherwise. This draft does not add an arbitration or class-action waiver. Before release, this section will name the App Provider, verified legal/support contact, effective date, and any required local terms. Questions can be directed through Living Paintings Support. See the Privacy Policy for data handling.