Terms of Service

Overview

ByLark ("the Service") is operated by Sentium Inc., a Delaware corporation. By using bylark.art, you agree to these terms. If you don't agree, please don't use the service.

The Service

ByLark transforms your photos into artwork -- paintings, illustrations, and other styles. You upload a photo, receive a free watermarked preview, and can then purchase the full-resolution unwatermarked artwork at the price displayed at checkout. You always see your artwork before you pay.

Your Content

You retain ownership of the photos you upload. By uploading, you represent and warrant that you own or have the necessary rights and permissions to use those photos, and you grant us a limited license to process them solely for the purpose of generating artwork.

You agree to indemnify and hold harmless Sentium Inc. from any claims, damages, or legal fees arising from your uploaded content, including intellectual property infringement claims.

Uploaded photos are stored temporarily and typically deleted within 30 days. You may request deletion at any time and we will process your request without undue delay. We do not use your photos to train AI models.

Generated Artwork & Ownership

All artwork is generated using artificial intelligence. Upon purchase, we grant you a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, modify, display, print, and distribute the generated artwork for any personal or commercial purpose. Purchased artwork is typically available for download for approximately 90 days after purchase.

Note on copyright: Under current US law, purely AI-generated content may have limited copyright protection. While you can use your artwork freely, courts have not yet fully resolved whether AI-generated images are registrable for copyright. We make no guarantees regarding copyright registrability. We do not guarantee that generated artwork will not inadvertently resemble existing works, and we disclaim liability for any such resemblance.

Payments & Refunds

Payments are processed securely through Shopify Payments. All prices are in USD.

If you're not satisfied with your artwork, contact us at contact@sentium.one within 30 days of purchase for a refund. Refunds are processed within 7 business days. Upon receiving a refund, your license to use the artwork is revoked. We reserve the right to refuse refunds in cases of suspected abuse.

Acceptable Use

You agree not to:

• Upload content that is illegal, harmful, or violates others' rights
• Upload photos of others for the purpose of harassment, defamation, or creating misleading representations
• Create deepfakes or deceptive impersonations of real people
• Attempt to bypass watermarks or access controls
• Use automated tools to access the service in bulk
• Interfere with the service's operation

We may suspend or terminate your access to the Service at any time for violation of these terms or for any other reason at our discretion. Upon termination, your rights under these Terms immediately cease, except for rights in artwork you have already purchased.

Delivery

Artwork is typically generated within minutes, but delivery times may vary depending on demand and system availability. If we are unable to deliver your artwork within a reasonable timeframe, we will issue a full refund.

Age Requirement

You must be at least 13 years old (or 16 in the European Economic Area) to use ByLark. By using the service, you confirm that you meet this requirement.

Availability

We aim to keep the service available but don't guarantee 100% uptime. We are not liable for delays or failures caused by circumstances beyond our reasonable control. We may modify or discontinue the service at any time. If we discontinue the service, we will honor any existing purchases.

Disclaimer of Warranties

The service and all generated artwork are provided "as is" without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that artwork will meet your expectations or be free from errors.

Limitation of Liability

To the maximum extent permitted by law, Sentium Inc. is not liable for any indirect, incidental, consequential, or punitive damages arising from your use of the service. Our total liability for any claim is limited to the amount you paid us in the 12 months preceding the claim.

Copyright Claims (DMCA)

If you believe content on ByLark infringes your copyright, send a notice to contact@sentium.one including: (1) identification of the copyrighted work, (2) identification of the infringing material and its location, (3) your contact information, (4) a statement that you have a good faith belief the use is not authorized, and (5) a statement under penalty of perjury that your notice is accurate.

Dispute Resolution

Any dispute arising from these terms shall be resolved through binding arbitration under the American Arbitration Association rules, conducted in the State of Delaware. Small claims court remains available for claims under $10,000. For users in the European Economic Area or United Kingdom, this section does not limit any rights you have under mandatory consumer protection laws in your jurisdiction.

Governing Law

These terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws provisions.

Privacy

Your use of the service is also governed by our Privacy Policy, which describes how we collect, use, and protect your data.

Changes

We may update these terms from time to time. Material changes will be posted on this page. Continued use of the service after changes constitutes acceptance.

General

If any provision of these terms is found to be unenforceable, the remaining provisions will continue in full force and effect. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Sentium Inc. regarding your use of the Service.

Contact

Questions? Reach us at contact@sentium.one