Terms of Service

These Terms of Service ("Terms") govern your use of the consumer marketplace at snowcone.app, the design tools, the order-fulfillment flow, the AI-assisted features, and any related services we offer (the "Service"). The developer API at developers.snowcone.app is governed by separate B2B terms. By creating an account or by using the Service you agree to these Terms — if you do not agree, do not use the Service.

One global agreement. These Terms apply to every Snowcone user, regardless of where you live. Where the law of your country gives you mandatory consumer-protection rights — including a statutory warranty period (section 7) and a right to bring proceedings in your home court (section 20) — those rights apply in addition to these Terms and we honor them as the law of your country requires. Where these Terms purport to limit a right that the law of your country does not allow to be limited, the law controls and the limitation does not apply to you. Snowcone is offered globally subject to a small set of jurisdictions we cannot serve due to applicable sanctions and data-localization rules; orders and accounts from those jurisdictions are not accepted.

The "we", "us", and "our" referent in these Terms is Art Shop AI LLC d/b/a Snowcone, a Delaware limited liability company (file number 7347980), with registered office at 611 South DuPont Highway, Suite 102, Dover, Delaware 19901, USA. We are the Merchant of Record for orders placed through the Service and are responsible for the contract of sale. For VAT and tax purposes within the European Union we will register under the One-Stop-Shop (OSS) scheme before directing services to the European Economic Area; until then EEA orders are not accepted. Our representatives in the European Union (under GDPR Art 27) and the United Kingdom (under UK GDPR Art 27) are described in our Privacy Policy section 2.

You may use the Service only if you have the legal capacity to enter into a binding contract in the jurisdiction where you live and you are at or above the minimum age set out in our Privacy Policy section 14. Where the law of your country requires verifiable consent of a parent or legal guardian below contract-capacity age, we obtain that consent before accepting your account.

You may not use the Service if you are subject to sanctions or embargoes administered by the United States, the European Union, or the United Kingdom that would prohibit your use, or if doing so would put us in breach of those sanctions.

You can browse the Service and complete a checkout as a guest. To use the design tools, save designs, place orders that ship to your saved address, sell on the marketplace, or use the developer API, you need an account.

You are responsible for keeping your account credentials safe and for all activity under your account. If you suspect unauthorised access, change your password, sign out of all devices, and contact support@snowcone.app.

You may delete your account at any time at /privacy-requests. Deletion is two-tap (request + confirmation), and we treat the request as receipt-of-instruction immediately. We retain certain order records as required by tax and consumer-protection law (see the Privacy Policy section 9 retention table).

We offer:

• A marketplace where you can browse designs from third-party creators and from us, customise products, and place orders.
• Design tools — including AI-assisted features (image generation, background removal, upscaling) — that help you create custom artwork for your products.
• Order fulfillment — we route your order to one of our fulfillment partners (decorators, print-on-demand providers) and ship it to you. Our fulfillment partners and carriers are listed in our sub-processor list.
• Reviews and ratings — see section 11.

Most of the merchandise you order on Snowcone is made-to-order from your custom design. If the law of the country where you live gives you a 14-day right to cancel a distance purchase, goods that are made to your specifications or are clearly personalised are exempt from that 14-day right of withdrawal. The statutory basis for the exemption is set out in section 23.

Before you pay, the checkout page links to these Terms and to our Returns Policy at /help/returns, which explains which products are made-to-order. If you place an order for a made-to-order product, you accept that you do not have a 14-day cooling-off right for that product. Your statutory warranty rights below are unaffected.

Some products on the Service are sold as standard, non-customised inventory and are not exempt: for those, EU and UK consumers retain the 14-day right of withdrawal from delivery, and you may use the return process at /help/returns within that window.

We deliver goods that conform to the contract. Where a product you receive does not conform — for example, it has a manufacturing defect or differs materially from what was advertised — the law of the country where you live may give you statutory warranty rights, and we honor those rights in full. We do not waive, limit, or vary them by contract.

Nothing in these Terms waives or limits any warranty, right, or remedy that the law of your country gives you and does not allow to be waived. If you ever read a clause in these Terms that purports to exclude such a right, treat that clause as not applying to you. Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty lasts; in those jurisdictions the exclusions in these Terms may not apply to you.

We display the price you will pay before you reach checkout, in the currency we charge you in, including any applicable VAT, GST, sales tax, and shipping. We do not introduce booking fees, service fees, or other surcharges that first appear at checkout — if you ever see one, treat it as a bug and email support@snowcone.app.

Country-of-origin information shown on a product page is substantiated to the standard required by applicable consumer-protection law. If you have a question about origin, contact us before you order.

When we display a "previous price", it is the lowest price we charged for that product in the 30 days before the discount.

Payments are processed by Stripe — we do not store full payment card numbers. By providing a payment instrument you authorise us and Stripe to charge that instrument for the price of your order, applicable tax, and shipping.

If you have a statutory right to a refund (for example, under section 7 above) we will issue the refund to the payment instrument used at checkout within 14 days of receiving the returned goods — or, if we do not ask you to return the item, within 14 days of approving your request (sooner where local law requires). If your bank takes longer to credit the refund, that delay is between you and your bank.

For made-to-order products that are exempt under section 6 and that you wish to return on goodwill (not under a statutory right), our discretionary returns policy is at /help/returns.

If you subscribe to a recurring offering on the Service, we will tell you the price, the billing interval, and how to cancel before you start the subscription. You can cancel at any time from your account settings; cancellation takes effect at the end of the current billing period unless we say otherwise. The cancellation flow is at least as easy as the sign-up flow. We will not auto-enrol you in a paid subscription following a free trial without explicit consent.

When you submit a review, rating, photo, or video to the Service:

• You confirm the review is your honest, first-hand experience with the product.
• You may not write a review for a product you did not buy or receive, and you may not write a review on behalf of a third party in exchange for compensation that is not disclosed.
• If we offered you any incentive (a discount, a free product, a free upgrade) in connection with leaving a review, that incentive is disclosed alongside your review automatically. You may not edit out or hide the disclosure.
• You grant us a worldwide, non-exclusive, royalty-free licence to host, store, display, transcode, and distribute your review on the Service and on associated channels for as long as the review is published. The licence ends when the review is taken down or your account is deleted, except that aggregate-rating effects are pseudonymised rather than removed.
• We do not buy or sell reviews. We display all genuine reviews, including 1-star reviews, in the aggregate ratings; we do not inflate the star count by excluding negatives.
• We may take down a review that we determine, after human review, was submitted in violation of these Terms or our Acceptable Use Policy. We send you a statement of reasons under section 16 below.

Your use of the Service is also governed by our Acceptable Use Policy, which lists what you may not upload, sell, or do on the Service. Violations of the AUP are violations of these Terms.

You keep ownership of the artwork, photographs, designs, and other content you upload to or create on the Service ("Your Content").

You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, transcode, and display Your Content solely as needed to operate the Service — for example, to render your design on a product mockup, to print your design on the merchandise you order, to back up your work, and (if you list a design publicly on the marketplace) to display it to other users. The licence is scoped to these purposes; it ends when you delete the design or close your account, except for copies retained in time-limited backups (see Privacy Policy section 9).

We do not use Your Content to train artificial- intelligence models, and we do not sell or sublicense Your Content for training by third parties. Our Acceptable Use Policy likewise prohibits everyone else from using Your Content — or any other Service content, including rendered mockups and previews — as AI training data or as generation-time input or reference material, and we assert that reservation in machine-readable form on our asset responses.

You represent and warrant that you own or are licensed to use Your Content and that uploading it to the Service does not infringe any third-party rights. If a third party notifies us that Your Content infringes their rights, we follow the intellectual-property-notice procedure described in our Acceptable Use Policy.

The Service offers AI-assisted features for image generation, image editing, background removal, and similar tasks. When you use them:

• You retain ownership of your inputs (the prompts you write, the reference images you upload).
• You get a non-exclusive licence to use the outputs we deliver to you, subject to applicable third-party model and content-policy rules. You may print, sell, and distribute the outputs through the Service.
• AI outputs may be similar across users when prompts are similar — they are statistically generated, not unique by guarantee. We do not warrant that an AI output is novel or free of resemblance to existing works. You are responsible for the legality of what you choose to print, sell, or share.
• We use your inputs and the outputs we generate for you to improve our AI models. This is processed under our legitimate interests in operating and improving a generative-AI product (GDPR Art 6(1)(f) where applicable). You can opt out at any time from your account settings or via /privacy-requests; once flipped, your future content is excluded from training. See the Privacy Policy sections 5 and 11 for the legal basis and the opt-out mechanism.
• We do not train on review media that depicts identifiable individuals. That is a hard rule, not an opt-out. Photos and videos that contain identifiable faces are sensitive personal information under LFPDPPP Art 3-VI / CPRA §1798.140(ae) and (forthcoming) the EU AI Act's biometric-data categories.
• The AUP applies to AI prompts and outputs in the same way it applies to user-uploaded content.

15.1 Listing your designs

When you list a design on the Snowcone marketplace, you grant us the licences described in section 13 plus the additional right to feature, promote, route orders for, and produce merchandise from that design. You set the consumer-facing price within the bounds we publish for each product (minimum and maximum); we add our commission and applicable taxes on top.

Each listing is your representation that you own (or are licensed to use) every element of the design — artwork, fonts, characters, trademarks, AI-generated outputs you incorporate, and any identifiable persons. Section 13 ownership representations apply to every listing.

15.2 Earnings, payouts, and tax

Earnings from sales are credited to your wallet balance as orders ship. Refunds, chargebacks, and successful AUP-based takedowns reverse the corresponding earnings. You can withdraw to a connected bank account or PayPal at the threshold and intervals we publish in your dashboard. The default minimum withdrawal is US$25 and we process payouts on a weekly cadence; current values are shown in your creator dashboard.

We collect tax forms before paying you out — US creators: a Form W-9 once your earnings cross the IRS 1099-K threshold; non-US creators: a Form W-8BEN (individual) or W-8BEN-E (entity); EU/UK creators may also need to provide a VAT invoice each payout cycle. We may withhold earnings as required by tax law (US backup withholding; EU DAC7 reporting) and to satisfy valid third-party intellectual-property claims under our Intellectual Property Policy.

15.3 Account suspension and termination as a creator

We may suspend a listing, withhold earnings on a specific order, suspend a creator account, or terminate it under the rules in section 16 plus the IP-Policy repeat-infringer policy (see /legal/ip-policy). Suspended earnings are released, withheld, or returned to buyers depending on the basis for suspension; we explain the basis in the statement of reasons.

For EU consumers buying from a marketplace creator, we comply with applicable trader-traceability rules (DSA Art 30 where applicable) by collecting and verifying the creator's identity and contact information. By selling on the marketplace, you consent to that collection and verification.

15.4 Indemnity from creators

The general indemnity in section 19 applies to marketplace creators with a sharper cut: if a third party brings an intellectual-property, right-of-publicity, or false- advertising claim against us based on a design you listed, you defend us and pay any damages, costs, and reasonable legal fees finally awarded against us. Listing a design for sale is commercial activity; if the law of the country where you live treats you as a consumer in spite of that activity, the indemnity in this section is limited to the extent the law requires.

We may take action on a piece of Your Content (hide it, take it down, decline to print it), on a feature (rate-limit you, lock you out of a particular feature), or on your account (suspend it, terminate it) when:

• You materially violate these Terms or the AUP;
• A third party submits a valid intellectual-property notice covered by the AUP procedure;
• Your activity is, in our reasonable judgement, fraudulent, abusive, or unsafe (for example, payment fraud, mass abuse of AI features, attempts to scrape the marketplace, or abuse of another user);
• We are required to do so by a court order, a regulator, or by applicable law.

Whenever we restrict, suspend, or terminate, we send you a statement of reasons describing what we did, why, and how you can appeal. Statements of reasons are issued in line with the Digital Services Act Article 17 and equivalent rules in other jurisdictions.

You can appeal any restriction by replying to the statement-of-reasons email or by filing a request through /privacy-requests. Appeals receive a human review within the timeframe stated in the statement of reasons (default 14 days). If you remain dissatisfied you may also be entitled to use an out-of-court dispute settlement body certified under DSA Article 21.

Except for the statutory warranties described in section 7 above and any other right that the law of your country gives you and does not allow to be waived: the Service is provided "as is" and "as available." We do not warrant that the Service will be uninterrupted, error-free, or that AI outputs will be accurate, novel, or fit for any particular purpose. Where the law of your country does not allow this disclaimer, the strictest applicable level of warranty applies.

To the maximum extent permitted by the law of your country, our total liability to you for any and all claims arising out of or relating to these Terms or the Service is limited to the greater of (a) the amount you paid us in the 12 months before the event giving rise to the claim, or (b) US$100. We are not liable for indirect, incidental, special, or consequential damages, except where the law does not permit such exclusion.

Nothing in this section limits liability for personal injury or death caused by negligence, for fraud or fraudulent misrepresentation, for breach of fundamental contractual obligations (including, in Germany, of the so-called Kardinalpflichten), or for any other liability that the law of your country does not allow to be limited.

If a third party brings a claim, demand, or proceeding against us based on Your Content (in particular, a claim that Your Content infringes their intellectual-property rights or violates a third-party right), you agree to defend us and to pay any damages, costs, and reasonable legal fees finally awarded against us in that proceeding. This indemnity does not apply to consumers in any jurisdiction whose law prohibits or restricts pre-dispute consumer indemnities.

These Terms and any dispute relating to the Service are governed by the law of the State of Delaware, United States, without regard to its conflict-of-laws rules and without regard to the United Nations Convention on Contracts for the International Sale of Goods.

If the law of the country where you live gives you mandatory consumer-protection rights that cannot be displaced by a choice-of-law or choice-of-forum clause, those rights apply to you and you may bring proceedings in the courts your country's law gives you access to, notwithstanding this section. Some jurisdictions do not allow pre-dispute binding arbitration of consumer claims; in those jurisdictions, the arbitration provision below does not apply to you.

For all other disputes: any dispute that cannot be resolved through legal@snowcone.app within 60 days of written notice will be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, in Delaware (or remotely at your option). You may bring small-claims-court proceedings instead, where eligible.

Class-action and class-arbitration waiver (US users only). To the maximum extent permitted by applicable law, you and we agree that any arbitration or court proceeding will be conducted only on an individual basis and not in a class, consolidated, representative, or private-attorney-general action. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. This waiver does not apply to (a) public injunctive relief that the law of your state requires to be available, (b) any claim that the law of the country where you live does not permit to be waived (in particular, this waiver does not apply to consumer claims in the European Economic Area, the United Kingdom, Mexico, Quebec, or any other jurisdiction whose mandatory consumer-protection law preserves the right to collective redress), or (c) any government enforcement action. If a court holds that this waiver is unenforceable as to a particular claim, that claim — and only that claim — will proceed in court rather than in arbitration; the rest of the arbitration agreement remains in force.

California residents: the AAA Consumer Arbitration Rules apply consistent with California Code of Civil Procedure §1281.97 (timely arbitration-fee payment). You retain all rights under the California Arbitration Act, the Federal Arbitration Act, and the right to public injunctive relief under California Civil Code §3513 and McGill v. Citibank (2017); nothing in this section waives a right that California law does not allow to be waived.

If you are a consumer in the EU, you can also refer a dispute to a consumer-dispute body in your country.

We may update these Terms from time to time. The version number and effective date appear at the top of this page. For material changes, we will post the change at least 30 days before it takes effect, send notice to your account email, and surface a banner on the site. Historical versions are reachable at /legal/terms/v<version>.

If a material change introduces a provision you do not accept, you may close your account before the effective date; the new terms will not apply to orders that have already shipped or services already used.

The body of these Terms is written for every customer. This section lists the statutory basis for the rights described in sections 6, 7, 8 and 9 for customers in specific jurisdictions. It adds nothing that the body does not already give you; it names the laws.

23.1 European Economic Area and United Kingdom

The 14-day right of withdrawal in section 6 is the right in Article 9 of EU Directive 2011/83/EU (Consumer Rights Directive) and, for UK consumers, the Consumer Contracts Regulations 2013. The made-to-order exemption in section 6 is Article 16(c) of that Directive and its UK equivalent. The refund timeline in section 9 follows Article 13 of the Directive. The "previous price" rule in section 8 is Article 6a of EU Directive 98/6/EC (Price Indications), inserted by EU Directive 2019/2161 (Omnibus Directive). The statutory warranty in section 7 is a minimum of 2 years under EU Directive 2019/771 (Sale of Goods) and, for UK consumers, the Consumer Rights Act 2015; some member states provide longer periods (for example, 6 years in Ireland), and the longer period applies where it is the law of the country where you live.

23.2 Mexico

The statutory warranty in section 7 is the right for defective goods in Article 92 of the Ley Federal de Protección al Consumidor. The made-to-order exemption in section 6 applies under the equivalent provisions of that law.

23.3 United States

The statutory warranty in section 7 includes the implied warranties of merchantability and fitness for a particular purpose under Uniform Commercial Code §2-314 and §2-315 as enacted in your state, and your rights under the Magnuson-Moss Warranty Act, in each case to the extent your state does not allow them to be excluded.