Terms of use
In short: sprayar.com is a free art project. On some surfaces of the website you can spray paint that every later visitor sees and can paint over. No account is needed. No hate, no illegal or sexual content, no personal data. We can remove paint at any time. Signing up for the private beta does not give you a right to access.
1. Who we are
The website is operated by
Pascal Schwendener (artist name: Pascal Sender)Burghofstrasse 88
40223 Düsseldorf
Germany
Email: support@sprayar.com
("we", "us"). Further details are in the imprint. These terms apply to the sprayar.com website. The SprayAR Streets street map and the SprayAR iOS app have their own terms (street map terms).
2. The website
The website presents SprayAR as a browser artwork: an interactive building, rooms, films, previews and shared canvases on which visitors can paint. It is free of charge. Features that are marked as previews, experimental or planned are not promises about the App Store app or the street map. We can change, reset or remove any part of the website at any time. There is no right to uninterrupted availability or to the preservation of any paint.
3. Shared web canvases
Some surfaces of the website (for example the tower, the skatepark and other painted surfaces) are shared canvases. When you paint, your strokes are saved on our server and shown to every later visitor until they are removed. You do not need an account. Your browser keeps a random writer key so that you can undo your own strokes from the same browser; if you delete your browser data, you can no longer remove your strokes yourself and must ask us.
The canvases have a limited capacity. When a canvas is full, no more paint can be added. Painting over a stroke hides it visually; it does not delete it.
4. Your paint and the licence you grant
You may only paint what you created yourself and what does not infringe the rights of others (copyright, trademark, personality rights). You keep your rights. So that we can run the shared canvases, you grant us a non-exclusive, worldwide, royalty-free licence to store, reproduce, technically adapt (for example compress or render), make publicly available and display your strokes on sprayar.com and in screenshots and videos of the website that present SprayAR.
The canvases are collaborative works. You agree that other visitors paint over, combine and alter your strokes. Your strokes are shown without your name.
The licence ends when your strokes are deleted. It continues for copies in backups until they are overwritten in the normal cycle and for promotional material that was already published. We are not obliged to keep your paint.
5. Rules
Prohibited content
- anything illegal, in particular incitement to hatred, symbols of unconstitutional organisations, threats, insults, defamation, glorification of violence;
- sexual or pornographic content, and any content sexualising minors;
- hate, discrimination, harassment, bullying or degrading content;
- personal data of others (names, addresses, phone numbers, licence plates, faces) without their consent, and your own personal data;
- content that infringes copyright, trademarks or other rights of third parties;
- advertising, spam, links or political campaigning that has nothing to do with the art.
Prohibited conduct
- bots, scripts or automated painting, bypassing limits, attacking, overloading or scraping the website;
- deliberately destroying the work of others on a large scale.
6. Moderation, reports and objections
We review paint when it is reported or when we notice it ourselves. Automatic checks only cover technical limits (for example how often strokes can be sent). If paint breaks the law or these terms we remove it; for serious or repeated breaches we can block further painting from the same source.
Report content (notice and action, Art. 16 Digital Services Act): email support@sprayar.com with where the paint is (page and surface, ideally a screenshot), why you think it is illegal or breaks these terms, your name and email address (not required for reports of child sexual abuse material) and a statement that your report is accurate and complete to the best of your knowledge. We confirm receipt, decide carefully and promptly and tell you our decision.
Statement of reasons and objection: painting on the website is anonymous, so we usually cannot tell the painter about a removal. If you contact us about your own paint, we explain what we removed, why (law or which rule of these terms) and how you can object (Art. 17 DSA). You can object within six months by email to support@sprayar.com; a human reviews the decision. Your right to go to court remains unaffected.
Point of contact under the Digital Services Act (Art. 11 and 12 DSA) for users and authorities: support@sprayar.com; languages: German and English.
7. Private beta
You can ask to be invited to the private beta with your email address. Access is granted manually; there is no right to an invitation, to access or to a particular feature. Beta access can end at any time. Details on the email sign-up are in the beta privacy notice. If you join a TestFlight beta, Apple's terms also apply.
8. Links
The website links to the App Store, to the SprayAR Streets street map and to other pages. Their own terms and privacy policies apply there. We are not responsible for external content we do not control, but we remove links to illegal content as soon as we become aware of it.
9. Age
The website is meant for people aged 16 and over. Younger visitors should only paint or sign up for the beta with the permission of a parent or guardian.
10. Liability
The website is free. We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act and where we have given a guarantee. For slight negligence we are only liable for breaches of essential obligations (obligations whose fulfilment makes the proper use of the website possible in the first place and on which you may rely), limited to the damage that is typical and foreseeable. Otherwise our liability is excluded. These limitations also apply to our representatives and assistants.
We are not responsible for paint created by other visitors, but we remove illegal content once we become aware of it.
11. Changes to these terms
We may change these terms when the website, the law or the moderation rules change. Each version has its own version identifier and is published on this page. Previous versions are available on request.
12. Final provisions
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, mandatory consumer protection rules of the country in which you live remain unaffected. If you are a merchant, the place of jurisdiction is Düsseldorf.
We are neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board.
If a provision of these terms is invalid, the rest remains effective. The German and English versions have the same content; in case of doubt the German version prevails.