Terms of Use

# TERMS OF SERVICE

Last Updated: December 2025

## 1. AGREEMENT TO TERMS

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Wise Shell (“Company,” “we,” “us,” or “our”), concerning your access to and use of our mobile applications, including PainterAR, Pencil Greeting, ARword, and related services (collectively, the “Services”).

By accessing the Services, you confirm that you have read, understood, and agreed to be bound by all of these Terms of Service. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

## 2. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Services are our proprietary property. All source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Services (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws.

The Content and the Marks are provided on the Services “AS IS” for your information and personal use only. No part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

## 3. USER REPRESENTATIONS

By using the Services, you represent and warrant that:
1. You have the legal capacity and you agree to comply with these Terms of Service.
2. You are not under the age of 13.
3. You will not access the Services through automated or non-human means, whether through a bot, script, or otherwise.
4. You will not use the Services for any illegal or unauthorized purpose.
5. Your use of the Services will not violate any applicable law or regulation.

## 4. SUBSCRIPTIONS AND PAYMENTS (APPLE MANDATED)

Certain aspects of the Services (e.g., PainterAR Premium) may be provided for a fee. If you elect to use paid aspects of the Services, you agree to the following terms mandated by Apple:

* Payment: Payment will be charged to your iTunes Account at confirmation of purchase.
* Auto-Renewal: Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period.
* Account Charging: Your account will be charged for renewal within 24-hours prior to the end of the current period at the cost of the chosen package.
* Subscription Management: Subscriptions may be managed by you and auto-renewal may be turned off by going to your Apple ID Account Settings after purchase.
* Free Trial: Any unused portion of a free trial period, if offered, will be forfeited when you purchase a subscription to that publication, where applicable.

## 5. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. Prohibited activities include, but are not limited to:
1. Systematically retrieving data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2. Tricking, defrauding, or misleading us and other users.
3. Making improper use of our support services or submitting false reports of abuse or misconduct.
4. Interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services.
5. Attempting to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.

## 6. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

## 7. LIMITATION OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

## 8. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Services; (2) breach of these Terms of Service; (3) any breach of your representations and warranties set forth in these Terms of Service; or (4) your violation of the rights of a third party, including but not limited to intellectual property rights.

## 9. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Wise Shell
Email: support@painterar.com