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Terms of Service

Last Updated: 07/11/25

Welcome to Sincretia. These Terms of Service (“Terms”) are a binding legal agreement between you, the user (“Artist,” “You,” “Your”), and [Your Company’s Legal Name], (“Sincretia,” “We,” “Us,” “Our”).

This agreement governs your access to and use of our “Aura as a Service” (AaaS) platform, our website ([www.sincretia.art]), and any related services (collectively, the “Service”).

By creating an account or using our Service, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. Please read them carefully.

1. The Sincretia Service

Sincretia provides an “Aura as a Service” (AaaS) platform. Our Service acts as a collaborative initiator, not a parasitic finisher. You provide your creative “Aura” (defined below), and our Service provides “Divergence”—a set of AI-generated “Sketches” to be used as creative seeds. You, the Artist, then apply your “Convergence” to create a “New Original” work.

2. User Accounts

  • Eligibility: You must be at least 18 years old and have the legal capacity to enter into a binding contract to use our Service.
  • Account Security: You are responsible for maintaining the confidentiality of your account credentials (password) and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.
  • Accuracy: You agree to provide accurate and complete information when creating your account and to keep this information up-to-date.

3. Your Aura, Your Art: Intellectual Property Rights

This is the most important section of our agreement. We have built our platform on a foundation of respecting your ownership and Aura.

3.1. Sincretia’s Intellectual Property

We own all right, title, and interest in and to the Service itself, including our platform, website, logo, branding, and all underlying software, algorithms, and AI models (the “Sincretia IP”). We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for its intended purpose, as outlined in these Terms.

3.2. Your Input Content (Your “Aura”)

Your “Aura” consists of two parts:

  1. “Uploaded Images”: The portfolio of your existing artwork that you upload directly for analysis.

  2. “Linked Profiles”: Public images accessed via Portfolio URLs or Instagram Handles you provide.

  3. “Creative Inputs”: The text prompts, parameter settings, and other directives you enter into the Aura Panel (e.g., “Core Intent,” “Anomaly”).

You retain all of your pre-existing ownership rights in your Input Content.

To provide the Service, you grant Sincretia a limited, non-exclusive, royalty-free, worldwide license to use, reproduce, analyze, and process your Input Content for the sole and limited purpose of operating the Service and generating your private ‘Aura Brush’ and ‘Sketches’ for you.

This license is strictly limited. As stated in our Privacy Policy, this license does not grant us the right to:

  • Use your Uploaded Images or ‘Aura Brush’ to train any public AI models.
  • Share, sell, or display your Input Content to any third party or other user.
  • Use your Input Content for any purpose other than providing the AaaS directly to you.

3.3. Your Output Content (The “Sketches”)

The “Sketches” are the digital images generated by the Service from your Aura.

To the fullest extent permitted by law, Sincretia assigns to you all of its right, title, and interest in and to the Sketches you generate.

You are free to use these Sketches for any purpose, including personal or commercial use. You understand that your use of the Sketches is subject to the representations you make in Section 4.

  • Disclaimer on Copyrightability: The assignability and copyright-ability of works generated by artificial intelligence is a complex and evolving area of law. Sincretia makes no warranty or representation regarding the legal ability to register or enforce a copyright in the Sketches.

3.4. Your “New Original”

For the avoidance of doubt, you own all rights, title, and interest in any final, “New Original” work (such as a physical oil painting or other artwork) that you create by applying your “Convergence” (your human artistry) to a Sketch.

4. User Responsibilities & Acceptable Use

4.1. Your Representations and Warranties

You represent and warrant that:

  1. You own all rights to your “Uploaded Images” and the content hosted on any provided Portfolio URLs or Instagram Handles, or have obtained all necessary licenses, permissions, and consents to use them and grant us the limited license described in Section 3.2.
  2. Your Input Content (and our use of it as permitted) will not infringe, misappropriate, or violate any third party’s rights (including copyright, trademark, patent, trade secret, moral rights, privacy, or publicity rights).
  3. Your Input Content does not contain any material that is unlawful, obscene, defamatory, hateful, or otherwise objectionable.

4.2. Prohibited Conduct

You agree not to do any of the following:

  • Use the Service for any illegal purpose or in violation of any laws.
  • Upload any Input Content that you do not have the rights to.
  • Attempt to reverse-engineer, decompile, or otherwise discover the source code of the Service or the underlying models.
  • Use any automated means (like scrapers or bots) to access the Service, except as permitted by our robots.txt file (if any).
  • Attempt to access or discover the ‘Aura Brush’ or Input Content of any other user.
  • Use the Service to generate content that is hateful, harassing, discriminatory, or promotes violence or harm.
  • Resell, sublicense, or otherwise commercialize access to the Service itself (this does not restrict your ability to commercialize your Sketches or New Originals).

5. Fees, Payment, and Subscriptions

Access to the Service may require payment of fees. You agree to pay all applicable fees for the subscription plan or one-time purchase you select.

  • Billing: We use a third-party payment processor. All payments are subject to their terms.
  • Subscriptions: If you purchase a subscription, it will automatically renew at the end of each billing cycle unless you cancel it.
  • Price Changes: We reserve the right to change our prices. We will provide you with reasonable notice (e.g., by email) of any price changes.
  • Taxes: You are responsible for paying all applicable taxes associated with your purchases.

6. Termination

  • Termination by You: You may terminate this agreement at any time by deleting your account from your account settings.
  • Termination by Sincretia: We reserve the right to suspend or terminate your account and access to the Service, with or without notice, if you breach these Terms (especially the Acceptable Use Policy in Section 4) or if we are required to do so by law.
  • Effect of Termination: Upon termination, your license to use the Service ends. We will delete your data in accordance with our Privacy Policy. The sections of these Terms that by their nature should survive termination will survive (including, but not limited to, Sections 3, 4, 8, 9, 10, and 11).

7. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. SINCRETIA EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT.

WE MAKE NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICE, INCLUDING THE SKETCHES.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SINCRETIA, ITS OWNERS, OR EMPLOYEES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE SERVICE IS LIMITED TO THE GREATER OF: (A) THE TOTAL AMOUNT OF FEES YOU HAVE PAID TO SINCRETIA IN THE 12 MONTHS PRIOR TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

9. Indemnification

You agree to defend, indemnify, and hold harmless Sincretia and its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including attorneys’ fees) arising from or related to:

  1. Your Input Content (especially any claim that it infringes a third party’s IP rights).
  2. Your use of the Service in violation of these Terms.
  3. Your violation of any applicable law or the rights of any third party.

10. Governing Law and Dispute Resolution

These Terms will be governed by the laws of the State of Delaware, USA, without regard to its conflict of law provisions.

Any dispute arising from these Terms will be resolved by final and binding arbitration in the State of Delaware, USA, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction.

11. General Provisions

  • Changes to Terms: We reserve the right to modify these Terms at any time. If we make material changes, we will provide you with notice (e.g., by email or a notice on the platform). Your continued use of the Service after such changes constitutes your acceptance of the new Terms.
  • Entire Agreement: These Terms and our Privacy Policy constitute the entire agreement between you and Sincretia regarding the Service.
  • Severability: If any provision of these Terms is held to be invalid or unenforceable, that provision will be struck, and the remaining provisions will be enforced.
  • Contact Information: If you have any questions about these Terms, please contact us at hello@sincretia.art.