Terms of Service

Effective Date: September 2025

Welcome to Mindset Art Collective (“MAC,” “Mindset,” “we,” “our,” or “us”). These Terms of Service (“Terms”) govern your access to and use of our website, content, and digital art services. By accessing or using any part of MAC, you agree to be bound by these Terms.

Please note: These Terms include a mandatory arbitration agreement and class action waiver (see Section 12)

We’ve kept them as straightforward as possible — they protect both you and us, so we can focus on what matters: sharing art, thoughtfully and responsibly. Jump to the plain English summary.

1. Eligibility

You must be at least 18 years old (or the age of legal majority in your jurisdiction) to use our Services. By using MAC, you represent and warrant that you meet this requirement and have the legal capacity to enter into a binding contract.

2. Our Services

MAC offers curated digital art experiences — including AI-generated works, artist-submitted pieces, and community-driven contributions — accessible via our website and compatible display platforms.

We reserve the right to modify, pause, or discontinue any part of the Services at any time, with or without notice. We’re not liable for any modifications or interruptions.

Some features may require account registration or a paid subscription.

3. User Accounts

If you create an account with MAC:

  • You are responsible for all activity under your login credentials.

  • You agree to keep your login details confidential and secure.

  • You agree to notify us promptly of any unauthorized access or misuse.

  • We may suspend or terminate your account at our discretion for violations of these Terms.

4. Intellectual Property

A. MAC Content

All content created or licensed by MAC — including curated collections, software, text, logos, and original editorial content — is protected by intellectual property laws and remains the exclusive property of MAC or its licensors.

You may not copy, distribute, modify, display, or exploit MAC content without our written permission, unless expressly permitted in these Terms.

B. Artist-Contributed Content

We welcome a variety of creative contributions — including original digital artworks, photography, AI-generated works, and prompt-based submissions — from human artists and prompt engineers alike.

By submitting content to MAC, you retain full ownership of your work. You agree, however, to grant MAC a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to:

  • Display, stream, and distribute your content across MAC platforms and partner devices,

  • Adapt your content as necessary for display and accessibility purposes (e.g., resizing, cropping, compression, alternate file formats, alt-text descriptions, thumbnail previews, metadata updates, watermarking),

  • Use excerpts, derivatives, or transformed versions of your content for marketing, editorial, or curatorial purposes.

Any modifications made will respect the integrity of your work and will be guided by our internal operational policies and your license agreement with MAC.

Plainly put: you still own your work. We just need permission to share it, format it for different screens, and ensure it’s accessible to a wider audience.

C. Use of Prompts and AI-Generated Content

If you submit AI-generated content or prompt-engineered work (e.g., through tools like Midjourney or DALL·E):

  • You retain ownership of the final image file if copyrightable under applicable law.

  • You understand that prompt instructions themselves are not protected, and MAC curators may create new works inspired by similar prompts, styles, or themes as part of our broader collection.

  • Your submission may be used to expand the Mindset catalog — including variations, reinterpretations, and generative applications — in accordance with your license agreement with MAC.

Plainly put: you own the files you submit, but the prompt concepts themselves are open for reinterpretation by other MAC contributors and curators. We’re here to elevate the collective catalog — not to claim your personal vision.

D. Artist Compensation

Artists may be compensated for their contributions in accordance with a separate license agreement between you and MAC. While specific terms may vary, compensation may reflect factors such as:

  • The number of works you’ve contributed,

  • The number of active screens or displays featuring your work,

  • The nature of the contribution (e.g., human-created vs. prompt-engineered),

  • Other operational factors defined in the agreement.

MAC is not obligated to compensate artists outside of the terms specified in your signed license agreement. Any future compensation programs will be communicated transparently.

Plainly put: If you're part of the contributor program, compensation will be outlined in a separate agreement. We're designing a system that honors both creativity and fairness.

E. License Survival

The license you grant to MAC survives:

  • The removal of your work from the platform,

  • The termination of your account, or

  • The end of these Terms.

This helps ensure that MAC can continue honoring past curatorial work (e.g., exhibitions, playlists, editorial features) even if you part ways with the platform.

5. Acceptable Use

We aim to foster a safe and respectful community. You agree not to:

  • Violate any law or regulation through your use of the Services.

  • Infringe upon anyone’s intellectual property, privacy, or publicity rights.

  • Upload or share harmful, harassing, hateful, or exploitative content.

  • Interfere with or disrupt the Services or supporting infrastructure.

  • Attempt to reverse-engineer, scrape, or exploit any part of the MAC platform.

6. Subscriptions & Payments

A. Subscription Terms

Some MAC features require a paid subscription. By subscribing, you authorize MAC (or our payment processor) to charge your selected payment method on a recurring basis (monthly or annually, as selected) until canceled.

Subscriptions automatically renew at the end of each term. You can cancel anytime in your account settings. Your cancellation takes effect at the end of the current billing period.

B. Fees and Refunds

All prices are in U.S. dollars. All subscription payments are non-refundable, except where legally required.

We reserve the right to adjust pricing or billing terms. We’ll give reasonable advance notice via email or on our site.

If your payment method fails or you don’t pay subscription fees, we may suspend or terminate your access to the Services.

7. Privacy

We’re privacy-first by design. We aim to collect the minimum personal data necessary to run our services and connect with you meaningfully.

We don’t sell or rent your personal information. We use secure third-party tools (like Squarespace and Tally.so) to help us manage signups, feedback, and subscriptions.

For full details, including how to opt out, delete your data, or learn more about your rights, see our Privacy Policy.

8. Disclaimers

The Services — and all related content — are provided “as is” and “as available,” with no guarantees of functionality, uptime, or artistic satisfaction.

We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

MAC doesn’t guarantee that our Services will be error-free, uninterrupted, or immune from bugs, glitches, or disruptions.

9. Limitation of Liability

To the fullest extent permitted by law:

  • MAC is not liable for any indirect, incidental, special, consequential, or exemplary damages arising from or related to your use of the Services.

  • Our total liability for any claims under these Terms is capped at the greater of (a) the amount you paid us in the 12 months before the claim arose, or (b) $100.

10. Termination

We reserve the right to suspend or terminate your access to the Services at any time, for any reason — including violations of these Terms.

You may stop using the Services at any time. Upon termination, all licenses granted to you end immediately.

Sections relating to intellectual property, limitations of liability, disclaimers, and governing law will continue to apply after termination.

11. Governing Law & Venue

These Terms are governed by the laws of the State of Nevada, without regard to its conflict-of-law rules.

Any disputes must be resolved exclusively in the state or federal courts of Clark County, Nevada. You agree to submit to their jurisdiction.

12. Dispute Resolution & Arbitration

We hope to resolve any concerns quickly and respectfully. If you have an issue, please contact us through our get-in-touch form so we can try to make things right.

If we’re unable to resolve the issue through good-faith negotiations within 30 days, the following terms apply:

A. Binding Arbitration

You and MAC agree to resolve any disputes exclusively through final and binding arbitration, rather than in court. This includes any claims related to these Terms, our Services, or your use of the platform.

This applies to both individual users and contributing artists, and to any legal theories — whether based on contract, tort, statute, or otherwise.

B. No Class Actions

You may only resolve disputes with MAC on an individual basis. You may not bring a claim as a plaintiff or class member in any class, collective, or representative action.

Plainly put: You agree not to sue us in court or join a class action. Instead, any dispute will be resolved one-on-one through arbitration.

C. Exceptions

Either party may:

  • Bring claims in small claims court, if your claim falls within the court’s monetary limits and other rules.

  • Seek injunctive or equitable relief for intellectual property misuse or security issues.

D. Rules and Procedures

Arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, unless otherwise agreed in writing.
You can review the rules at adr.org

13. Changes to These Terms

We may update these Terms from time to time. When we do, we’ll update the “Effective Date” at the top of this page.

If the changes are material, we’ll provide reasonable notice — for example, by email or a site-wide announcement. Your continued use of MAC after changes take effect means you accept the revised Terms.

14. Contact Us

If you have questions about these Terms or anything in them, feel free to reach out:

Mindset Art Collective
hello[at]mindsetartcollective[dot]com (replace [at] with “@” and [dot] with “.”).

If you have any questions about these Terms, you can contact us through this form (https://www.mindsetartcollective.com/contact).

To make a formal privacy request (such as data access or deletion), you may also email us at: privacy[at]mindsetartcollective[dot]com (replace [at] with “@” and [dot] with “.”).

In Plain English:

  • Artists and creators own their art. We just need permission to share it.

  • You can cancel subscriptions anytime.

  • We’re privacy-focused and data-light.

  • Disputes are handled one-on-one in arbitration, not in court.

  • We don’t promise perfection — just beautiful digital art, streamed thoughtfully.