Terms of Service

Art Is Yummy, Llc

d/b/a The Sensory World

Terms Of Service

The master agreement governing your use of the AIY Creative Operating System

Effective Date: [TO BE FILLED IN]

Version 2.0 | Draft for Attorney Review

Agreement to Terms

These Terms of Service ("Terms") are a legally binding agreement between you ("User," "you," or "your") and Art Is Yummy, LLC, a [TO BE CONFIRMED BY COUNSEL: state] limited liability company doing business as The Sensory World ("AIY," "we," "us," or "our"). These Terms govern your access to and use of the AIY Creative Operating System, including all stations, tools, features, content, APIs, and services available at [TO BE FILLED IN: production domain] (the "Platform").

By creating an account, accessing, or using the Platform, you agree to be bound by these Terms, our Privacy Policy, and our Cookie Policy (collectively, the "Platform Agreements"). If you do not agree, do not use the Platform.

Additional policies incorporated by reference into these Terms include: our Community Guidelines, our Gamification, Rewards & Promotions Policy, and our AI Usage & Data Intelligence Policy. These documents are available at [domain]/legal and form part of this agreement.

⚠ Jurisdiction of incorporation and operating entity state must be confirmed by counsel before publication.

Eligibility

You must be at least 13 years of age to use the Platform. Users between 13 and 17 must have verifiable consent from a parent or legal guardian who agrees to be bound by these Terms on the minor's behalf. By creating an account, you represent and warrant that you meet these requirements.

To sell on the Marketplace, participate as a Partner, or access developer tools, you must be at least 18 years of age or the age of majority in your jurisdiction.

We reserve the right to request age verification at any time and to suspend or terminate accounts that fail to meet eligibility requirements.

⚠ COPPA compliance: if platform collects data from users under 13 in any context, additional obligations apply. Confirm with counsel whether the age floor should be 13 or 16 (GDPR minimum without parental consent is 16 in some EU member states).

Account Registration and Security

To access most Platform features, you must create an account through our authentication provider. You agree to: (a) provide accurate, current, and complete registration information; (b) maintain the security and confidentiality of your login credentials; (c) promptly notify us of any unauthorized use or security breach; and (d) accept responsibility for all activity under your account.

You may not: share your account credentials with any third party, create multiple accounts for the purpose of evading restrictions or manipulating Platform systems, or use another person's account without their express authorization and our consent.

We may suspend or disable any account at any time for any reason, including violation of these Terms, without prior notice.

The AIY Creative Operating System

4.1 Platform Description

The Platform is a station-based Creative Operating System that enables users to create, play, compete, sell, and build across sensory categories including audio, visual, haptic, taste, and smell. Content and interactions are organized into stations, each serving a distinct function within the creative ecosystem.

4.2 Stations

Stations currently include or are planned to include: Synapse (creation), Arcade (games and competition), Marketplace (commerce), Player Portal (identity and progression), Teams (collaboration), Records (music operations), Developer (API and tools), Archive (creative memory), Events (live activity), and Discovery (exploration). We may add, modify, rename, merge, or discontinue any station at our sole discretion.

4.3 Platform Changes

We reserve the right to modify, suspend, or discontinue any feature, station, or aspect of the Platform at any time, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Platform or any part thereof.

4.4 Beta and Experimental Features

We may offer features labeled as "beta," "experimental," "preview," or similar designations. These features are provided as-is without any warranty, may be modified or removed without notice, and may not perform as expected. Your use of beta features is at your own risk.

Virtual Economy

5.1 Economy Overview

The Platform operates an internal economy consisting of:

Flavor Points (FP): A non-transferable progression and status metric. FP are earned through Platform activity and determine rank, unlock privileges, and signal reputation. FP have no monetary value, cannot be purchased with real currency, cannot be sold, traded, or transferred, and cannot be redeemed for cash or cash equivalents.

Bread: The primary transactional unit of the Platform. Bread may be used to purchase digital and physical goods within the Marketplace Station. The terms under which Bread may be acquired, including whether Bread may be purchased with real currency, are determined by AIY and may change.

Crumbs: A micro-reward unit earned through minor Platform interactions, which may be accumulated and converted to Bread at rates set by AIY.

5.2 No Property Rights

ALL VIRTUAL ITEMS, CURRENCIES, METRICS, RANKS, UNLOCKS, AND PROGRESSION ELEMENTS (INCLUDING FP, BREAD, AND CRUMBS) ARE LICENSED, NOT OWNED. You have no ownership interest, property right, or monetary claim in any virtual item, regardless of any real-world value attributed by third parties, time invested, or effort expended.

⚠ If Bread can be purchased with real money, some jurisdictions may classify it as stored value or a money transmission instrument. Counsel must confirm money transmission licensing obligations.

5.3 Economy Modifications

We reserve the right, at our sole discretion, to: modify conversion rates, earning rates, and reward values; rebalance, reset, or adjust any virtual economy element; reverse, void, or modify transactions resulting from exploits, bugs, fraud, or policy violations; and suspend or forfeit virtual items associated with accounts that violate these Terms.

5.4 Rank System

The Platform features a rank progression system (Dreamer, Creator, Curator, Architect, Legend). Rank advancement is determined by FP accumulation and may affect interface features, access levels, and privileges. Rank criteria, thresholds, and benefits are determined solely by AIY and may be adjusted at any time.

User-Generated Content

6.1 Your Content

"User Content" means any material you create, upload, submit, post, or make available through the Platform, including songs, lyrics, images, videos, 3D models, recipes, scent narratives, prompts, designs, text, reviews, comments, and any other creative or communicative works.

6.2 Ownership

You retain ownership of your original User Content to the extent permitted by applicable law. For the avoidance of doubt, content generated entirely by AI tools without meaningful human creative input may not be eligible for copyright protection in certain jurisdictions. See our AI Usage & Data Intelligence Policy for details.

6.3 License to AIY

By submitting User Content to the Platform, you grant AIY a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display your User Content in connection with: (a) operating, promoting, and improving the Platform; (b) displaying your content within stations, feeds, and discovery surfaces; (c) enabling other users to interact with your content through Platform features; and (d) archiving your content for Platform continuity.

This license continues for as long as your User Content remains on the Platform and for a reasonable period after removal to allow for technical cleanup, cached copies, and backup deletion. For User Content that was incorporated into collaborative works, challenges, or publicly shared collections before your removal, the license survives as necessary to maintain the integrity of those works.

6.4 Content Representations

You represent and warrant that: (a) you own or have all necessary rights, licenses, and permissions to submit your User Content; (b) your User Content does not infringe any third party's intellectual property, privacy, publicity, or other rights; (c) your User Content complies with all applicable laws and these Terms; (d) you have the authority to grant the license in Section 6.3; and (e) if your User Content includes AI-assisted elements, you have reviewed it for potential infringement issues.

6.5 Content Moderation

We reserve the right, but are not obligated, to monitor, review, and remove User Content at our sole discretion. We may remove content that violates these Terms, our Community Guidelines, applicable law, or that we deem harmful, offensive, or inappropriate. See our Community Guidelines for the enforcement ladder and appeal process.

AI-Assisted Creation

The Platform integrates artificial intelligence tools within certain stations (particularly Synapse) to assist in content creation. By using these tools, you acknowledge and agree to the terms set forth in our AI Usage & Data Intelligence Policy, which is incorporated by reference into these Terms. Key provisions include:

AI-assisted outputs may not qualify for full copyright protection in all jurisdictions

Other users may produce similar or identical outputs from similar inputs

AIY uses anonymized and aggregated creation data to improve AI systems, subject to your opt-out rights described in the AI Usage & Data Intelligence Policy

You are responsible for reviewing AI-assisted content before publishing, selling, or distributing it

AIY does not guarantee the originality, accuracy, or non-infringing nature of AI outputs

Marketplace

The Marketplace Station enables users to buy and sell digital and physical goods and services. AIY provides the Marketplace as a venue connecting buyers and sellers. AIY is not a party to transactions between users unless explicitly stated.

Marketplace transactions are subject to our Refund & Return Policy. Vendors and creators selling on the Marketplace must agree to our separate Vendor & Creator Agreement.

AIY does not guarantee the quality, safety, legality, authenticity, or deliverability of any item listed on the Marketplace. Buyers assume the risk of transactions with third-party sellers.

Challenges, Competitions, and Promotions

The Platform may offer challenges, competitions, tournaments, and promotional events across stations. These activities are governed by our Gamification, Rewards & Promotions Policy, which is incorporated by reference. By participating, you agree to applicable eligibility rules, official rules (if posted for a specific event), and the Platform's determination of results, which is final.

Promotional events involving prizes may be subject to additional terms and applicable sweepstakes/contest laws. Where required by law, official rules will be posted.

⚠ State sweepstakes and contest laws vary widely. Any promotion offering prizes of value must have official rules reviewed by counsel before launch.

Real-World Participation

10.1 Assumption of Risk

Certain Platform features involve real-world activity, including but not limited to: QR code scanning at physical locations, scavenger hunts, location-based experiences, and events at partner venues. BY PARTICIPATING IN ANY REAL-WORLD PLATFORM ACTIVITY, YOU VOLUNTARILY ASSUME ALL RISKS ASSOCIATED WITH SUCH PARTICIPATION, INCLUDING BUT NOT LIMITED TO RISKS OF PHYSICAL INJURY, PROPERTY DAMAGE, ILLNESS, OR DEATH.

You are solely responsible for: your physical safety and awareness of your surroundings; compliance with all local laws, traffic rules, and property access restrictions; assessing whether any activity is safe and appropriate for you; and your interactions with other individuals at real-world locations.

10.2 QR Code Scanning

QR code scanning may require camera access and may collect location data. By scanning QR codes through the Platform, you consent to the data collection described in our Privacy Policy. QR codes placed at partner locations are provided in coordination with those partners; AIY is not responsible for conditions at partner venues.

10.3 No Trespassing

Platform features will never intentionally direct you to trespass on private property or enter restricted areas. If a feature appears to direct you to an inaccessible or restricted location, do not proceed. Report the issue to us and use your own judgment.

Prohibited Conduct

You agree not to:

Use the Platform for any unlawful purpose or in violation of any applicable law

Upload content that infringes third-party intellectual property rights

Upload content that is obscene, defamatory, threatening, harassing, or promotes violence, hatred, or discrimination

Attempt to gain unauthorized access to any account, station, feature, or system

Use automated tools (bots, scrapers, crawlers) to access the Platform without written consent

Manipulate, exploit, or abuse the economy system through fraudulent activity, including multi-accounting for reward farming

Circumvent rank, access, or permission restrictions

Impersonate any person or entity

Interfere with or disrupt Platform infrastructure

Sell, trade, or transfer accounts, FP, rank, or account privileges

Upload or transmit malicious code

Generate or distribute spam or unsolicited communications

Use the Platform to train external AI models without written authorization

Engage in doxxing, stalking, or targeted harassment of other users

Create or distribute deepfakes or deceptive synthetic media of real persons

Violation of prohibited conduct rules will result in enforcement actions as described in our Community Guidelines.

Intellectual Property

The Platform, including all software, station designs, user interface elements, visual language, logos, trademarks, trade dress, and proprietary technology, is the exclusive property of Art Is Yummy, LLC. The names "Art Is Yummy," "The Sensory World," "Creative OS," "Synapse," "Flavor Points," "Bread," "Crumbs," and all station names and associated branding are trademarks or service marks of Art Is Yummy, LLC.

Nothing in these Terms grants you any right, title, or interest in our intellectual property except the limited, revocable, non-exclusive, non-transferable right to access and use the Platform in accordance with these Terms.

Third-Party Services

The Platform integrates with third-party services for authentication, payment processing, hosting, AI processing, analytics, and other functions. Your use of these third-party services is subject to their respective terms and privacy policies. AIY is not responsible for the availability, accuracy, or practices of any third-party service.

Developer and API Access

Access to developer tools, APIs, SDKs, and related services offered through the Developer Station (when available) will be governed by a separate Developer API Agreement. By using developer tools, you agree to comply with the then-current Developer API Agreement and any applicable usage limits, rate restrictions, and data handling requirements.

Until the Developer API Agreement is published, no unauthorized programmatic access to the Platform is permitted.

Privacy

Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, available at [domain]/legal/privacy. By using the Platform, you consent to our data practices as described therein.

Termination

16.1 Termination by AIY

We may suspend or terminate your account at any time, with or without cause, with or without notice. Grounds for termination include, but are not limited to: violation of these Terms, violation of Community Guidelines, fraudulent activity, failure to meet eligibility requirements, extended inactivity, or legal or regulatory reasons.

16.2 Effects of Termination

Upon termination: (a) your access rights cease immediately; (b) all FP, rank, Bread, Crumbs, virtual items, and progression are forfeited; (c) pending Marketplace transactions may be cancelled or completed at AIY's discretion; (d) your User Content may be removed or retained as described in our Privacy Policy; and (e) provisions that by their nature should survive (including Sections 5.2, 6.3, 10, 12, 17, 18, 19, 20, and 21) shall survive termination.

16.3 Account Deletion by You

You may delete your account at any time through Player Portal settings. Deletion initiates a 30-day deactivation period, during which you may reactivate by logging in. After 30 days, deletion is permanent. See our Privacy Policy for data retention details.

Disclaimers

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT: THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; DEFECTS WILL BE CORRECTED; ANY AI-GENERATED CONTENT WILL BE ACCURATE, ORIGINAL, OR NON-INFRINGING; ANY REAL-WORLD LOCATION OR EVENT WILL BE SAFE OR ACCESSIBLE; OR ANY MARKETPLACE TRANSACTION WILL BE SATISFACTORY.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ART IS YUMMY, LLC, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR VIRTUAL ITEMS, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PLATFORM.

OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU PAID TO AIY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF AIY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY FOR CERTAIN DAMAGES; IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

⚠ Limitation of liability caps and scope should be confirmed by counsel for the operating jurisdiction.

Indemnification

You agree to indemnify, defend, and hold harmless Art Is Yummy, LLC, its members, managers, officers, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Platform; (b) your User Content; (c) your violation of these Terms or any applicable law; (d) your violation of any third party's rights; (e) your participation in real-world Platform activities; or (f) any dispute between you and another user.

Dispute Resolution

20.1 Informal Resolution

Before filing any formal proceeding, you agree to attempt to resolve any dispute informally by contacting us at [TO BE FILLED IN: legal email]. We will attempt to resolve the dispute within thirty (30) days.

20.2 Binding Arbitration

If informal resolution fails, any dispute arising out of or relating to these Terms or the Platform shall be resolved by binding arbitration administered by [TO BE CONFIRMED BY COUNSEL: AAA / JAMS] under its then-current rules, conducted in [TO BE CONFIRMED BY COUNSEL: city, state]. The arbitrator's decision is final and binding. Judgment on the award may be entered in any court of competent jurisdiction.

20.3 Class Action Waiver

YOU AND AIY AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

⚠ Class action waivers are enforceable in most U.S. jurisdictions but may face challenges in certain states and internationally. Counsel should confirm.

20.4 Small Claims Exception

Either party may bring qualifying claims in small claims court as an alternative to arbitration.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of [TO BE CONFIRMED BY COUNSEL], without regard to its conflict of laws provisions.

Electronic Communications

By creating an account, you consent to receive electronic communications from us, including service announcements, administrative messages, legal notices, and (if opted in) marketing communications. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

General Provisions

Entire Agreement: These Terms, together with the Privacy Policy, Cookie Policy, and all policies incorporated by reference, constitute the entire agreement between you and AIY regarding the Platform.

Severability: If any provision is held unenforceable, the remaining provisions remain in full force and effect.

No Waiver: Our failure to enforce any provision does not constitute a waiver of that or any other provision.

Assignment: We may assign our rights and obligations without your consent. You may not assign without our prior written consent.

Force Majeure: We are not liable for any failure to perform due to causes beyond our reasonable control, including natural disasters, pandemics, war, government actions, or infrastructure failures.

Headings: Section headings are for convenience only and have no legal effect.

Contact

Art Is Yummy, LLC