ACTIVE ART
Terms & Conditions
Effective Date: Effective Date: 1st July 2026
These Terms & Conditions ("Terms") govern your access to and use of the Active Art mobile application (the "App"), operated by Active Art LLC ("Active Art," "we," "us," or "our"). By downloading, installing, creating an account with, or otherwise using the App, you agree to be bound by these Terms. If you do not agree, please do not use the App.
1. What the App Does
The App lets you scan artwork on display — for example, paintings installed in a partner hospital, healthcare facility, or public space — using your smartphone's camera. When the App recognizes a registered painting, it plays a short video in which the artist describes the work. The App does not require any special hardware, headset, or staff assistance to use.
2. Eligibility and Accounts
You must be at least 13 years old to create an account. If you are under 18, you should review these Terms with a parent or guardian.
You may be asked to register for an account using an email address or other identifier.
You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.
You agree to provide accurate information when creating an account and to update it if it changes.
You may use certain limited features of the App (such as scanning artwork) without an account, where we make that available.
We may suspend or terminate an account if we reasonably believe these Terms have been violated, or if required to do so by a partner institution (such as a hospital) where the App is deployed.
3. Acceptable Use
When using the App, you agree not to:
Use the App for any unlawful purpose or in violation of any applicable regulations.
Attempt to copy, reverse-engineer, decompile, or extract the underlying code, artwork, or video content of the App.
Interfere with or disrupt the App's operation, servers, or networks.
Misrepresent your identity or impersonate another person or entity when creating an account.
Use the App to harass, defame, or harm any other person, artist, or institution.
4. Content and Intellectual Property
The paintings, artist narration videos, App design, trademarks, and all other content made available through the App ("Content") are owned by Active Art LLC or its licensors (including the artist, Jonathan Zuker) and are protected by copyright, trademark, and other intellectual property laws.
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Content solely for your personal, non-commercial use within the App. You may not reproduce, distribute, publicly display, create derivative works from, or otherwise exploit the Content without our prior written consent.
5. Use in Healthcare and Institutional Settings
The App may be deployed by hospitals, healthcare systems, or other institutional partners ("Partner Sites") as part of a patient experience or arts program. If you are accessing the App at a Partner Site:
The App is intended to provide an artistic and storytelling experience. It is not a medical device, is not intended to diagnose, treat, cure, or prevent any condition, and does not provide medical advice.
Your use of the App does not create a doctor-patient relationship between you and Active Art, and Active Art is not responsible for your clinical care.
Aggregate, de-identified engagement data (such as scan frequency or video completion) may be shared with a Partner Site to help evaluate program effectiveness. See Section 6 for details on data handling.
6. Data and Privacy
Our collection and use of personal information is described in our Privacy Policy )see Section 13 below) which is incorporated into these Terms by reference. In summary:
The App does not collect protected health information (PHI) as part of its core artwork-scanning function.
Engagement data (for example, which paintings are scanned, when, and how often) may be collected and reported to Partner Sites in aggregate, non-identifying form.
If you create an account, we collect the information needed to operate that account (such as your email address).
Please review the full Privacy Policy for details on what we collect, how we use it, and your choices.
7. Third-Party Services and Links
The App may link to or rely on third-party services (such as app stores, hosting providers, or analytics tools). We are not responsible for the content, policies, or practices of any third party, and your use of third-party services is governed by their own terms.
8. Disclaimers
THE APP AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, ACTIVE ART LLC AND ITS OFFICERS, EMPLOYEES, AND LICENSORS (INCLUDING THE ARTIST) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE APP. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE APP WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, TO USE THE APP IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE.
10. Termination
You may stop using the App and delete your account at any time. We may suspend or terminate your access to the App, with or without notice, if we believe you have violated these Terms or if we discontinue the App or a Partner Site deployment.
11. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will notify you through the App or by other reasonable means. Continued use of the App after changes take effect means you accept the updated Terms.
12. Governing Law
These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict-of-laws principles, unless otherwise required by applicable law in your jurisdiction.
13. Privacy Policy
This section explains what information the App collects, how it is used, and your choices. It applies to your use of the App and forms part of these Terms.
What We Collect
Account information: if you register, we collect your email address and any other details you provide (such as a name or password).
Engagement data: when you scan a painting, the App records which artwork was scanned, the time, and whether the video was viewed to completion. This data is collected in a form that does not identify you individually and is not linked to any medical record.
Device and technical data: basic information such as app version, device type, and general usage patterns, used to keep the App working reliably.
The App does not collect protected health information (PHI) as part of its core artwork-scanning function, and is not designed to access your device's health data, medical records, or clinical information.
How We Use Information
To operate and improve the App, including diagnosing technical issues.
To report aggregate, de-identified engagement trends (for example, which paintings are most viewed, or at what times of day) to a Partner Site such as a hospital, so it can evaluate its arts program.
To communicate with you about your account, if you have one.
To meet legal or regulatory obligations.
We do not sell your personal information. We do not use engagement data to identify individual patients, and we do not share it with a Partner Site in a form that identifies you personally.
Sharing
We may share information with service providers who help us operate the App (such as hosting or analytics providers), with Partner Sites in aggregate form as described above, or if required by law. We do not share your personal information with third parties for their own marketing purposes.
Data Retention and Security
We retain information for as long as needed to provide the App and for legitimate business or legal purposes, and use reasonable administrative and technical safeguards to protect it. No method of storage or transmission is completely secure, and we cannot guarantee absolute security.
Your Choices
You can uninstall the App at any time to stop any further data collection from your device.
Children's Privacy
The App is not directed at children under 13, and we do not knowingly collect personal information from children under 13. If you believe a child has provided us with personal information, please contact us so we can remove it.
Changes to This Privacy Policy
We may update this Privacy Policy from time to time. Material changes will be communicated through the App or by other reasonable means.
14. Contact Us
Active Art LLC
Boston, MA
Website: activeart.xyz
Email: info@activeart.xyz
This document is a starting template and general in nature. It has not been reviewed by an attorney. Before publishing, have it reviewed by qualified legal counsel — particularly the sections on healthcare-setting use, data handling, and liability, which should be tailored to your specific Partner Site agreements and jurisdiction.