Legal
Terms of Use
Effective July 17, 2026
These Terms of Use ("Terms") govern your use of The Artist Tool ("the App"), published by Harold Hersey ("the Developer", "we", "us"). By downloading or using the App, you agree to these Terms and to Apple's Licensed Application End User License Agreement (EULA), available at apple.com/legal/internet-services/itunes/dev/stdeula. Where these Terms and Apple's standard EULA conflict, Apple's EULA governs for the App as obtained through the App Store.
1. License
We grant you a personal, non‑transferable, non‑exclusive license to use the App on Apple devices you own or control, as permitted by the App Store Terms of Service and Apple's standard EULA. You may not copy, modify, reverse‑engineer, redistribute, or resell the App except as allowed by applicable law.
2. Your content
Images, studies, palettes, and other material you create or import ("Your Content") remain yours. The App processes Your Content on your device; we do not receive, store, or claim any rights to it. You are responsible for having the rights to any images you use.
3. AI image features (optional)
The App can generate and edit images using Google Gemini, operated by Google LLC. These features are off by default. Using them requires you to agree to an in‑app disclosure and to supply your own Google Gemini API key.
When you tap generate, the image you are working on, any reference images you added, and your text prompt are sent to Google under your key. Google bills you directly for that usage; we do not resell, mark up, or receive any part of it, and we cannot refund it. Your use of Gemini is additionally subject to Google's own terms.
Generated images are produced by a third‑party model. We make no warranty that output is accurate, original, or free of third‑party rights, and you are responsible for how you use it. Images generated in the App are labelled as AI‑generated. You may turn AI features off at any time, which deletes your key from this device; images you already generated remain yours.
4. In‑app purchase
The App offers a one‑time, non‑consumable in‑app purchase ("Remove Ads") that hides the banner advertisement. Purchases are processed by Apple and are subject to Apple's terms. Restoring a prior purchase is available in the App. Refunds are handled by Apple under Apple's policies; we cannot issue App Store refunds directly.
5. Advertising
Unless you purchase "Remove Ads," the App displays banner advertising served by Google AdMob. Your use of the ad‑supported App is also subject to Google's terms and privacy policy, as described in our Privacy Policy.
6. Acceptable use
You agree not to use the App for any unlawful purpose or in any way that infringes the rights of others, and not to interfere with the App's operation.
7. Disclaimers
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW. We do not warrant that the App will be uninterrupted or error‑free.
8. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE DEVELOPER WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, ARISING FROM YOUR USE OF THE APP. Because Your Content is stored only on your device, you are responsible for backing it up; we are not liable for content lost through device loss, deletion, or uninstalling the App.
9. Changes
We may update these Terms as the App changes. Continued use after an update constitutes acceptance of the revised Terms.
10. Governing law
These Terms are governed by the laws of the State of Oregon, United States, without regard to its conflict‑of‑laws rules, except where local consumer‑protection law gives you rights that cannot be waived.
11. Contact
Harold Hersey — Email: haroldhhersey@gmail.com
Apple is not a party to these Terms and is not responsible for the App. As a third‑party beneficiary, Apple may enforce the applicable EULA terms against you.