Terms & Consent

These Terms & Consents (the "Terms") govern access, ordering, purchase, and participation in Arsentis services, including but not limited to captures, experiences, creations, productions, prints, deliverables, and any related service (the "Services").

By placing an order, by accepting these Terms at the time of payment, by using the Arsentis application, or by taking part in a Capture, you acknowledge that you have read, understood, and accepted these Terms without reservation.

For the purposes of these Terms:

Arsentis is an artistic medium. The Services are provided for artistic, experiential, and creative purposes.

The Client understands that Captures and Artworks reflect an artistic approach based on dynamics observed during the session, with no promise of therapeutic, medical, or scientific benefit.

4.1 Age, conditions, and supervision

Arsentis may refuse an order, or interrupt a Service, if conditions do not allow a usable Capture consistent with artistic integrity. The Capture itself takes place without Arsentis present: the Client starts it and stops it themselves, from the application.

The Services are intended for adults. A child's participation is the responsibility of the parent or legal guardian, who remains present, supervises them, and answers for them.

4.2 Client's declarations regarding Participants

The person who places the order (the Client) declares that they:

Each adult Participant may, at any time and on their own behalf, exercise the rights set out in article 8.4, without going through the Client.

5.1 Price and payment

The price shown includes both Rings, the composition and printing of the Artwork, its certificate of authenticity, and the delivery provided for at the time of the order. It is payable in full when the order is placed. No deposit, down payment, or later balance is required.

5.2 Cost of the Rings

The Rings are shipped to the Client before the Capture and belong to them from delivery. They are not sold separately and carry no separate sale price (article 10 bis.2). Arsentis nevertheless bears the cost of acquiring and shipping them — $110 USD for the two — which is not recovered once the Rings have been delivered.

5.3 No refund after the Capture begins

From the start of the Capture, no refund is granted: the Artwork is composed from the Client's own Data alone and printed once, at their request. This rule applies subject to the rights the law grants to consumers, set out in article 5.5.

5.4 Personalized services

The Client acknowledges that the Services are personalized and rest on unique, irreversible material. A request to cancel an order after the Capture is incompatible with the very nature of the Services.

5.5 Consumer rights

These Terms do not limit the rights the Consumer Protection Act (Quebec) grants to consumers in a contract entered into at a distance. In particular, the consumer may cancel the contract where not all of the information required before the contract was concluded has been disclosed to them, where a copy of the contract has not been sent to them, or where Arsentis' principal obligation is not performed within thirty (30) days of the date stated. Where cancellation is based on the law, each party restores what it has received.

6.1 Cancellation by the Client, before the Capture

As long as the Capture has not begun, the Client may cancel their order by writing to Arsentis. Arsentis refunds the price of the Artwork and retains the cost of the Rings — $110 USD for the two — which the Client keeps. This retention corresponds to the actual cost of devices already delivered and not recoverable; it is not a cancellation penalty.

6.2 After the Capture begins

Once the Capture has begun, the order can no longer be cancelled: article 5.3 applies.

6.3 Cancellation or postponement by Arsentis

Arsentis may postpone or cancel a Service for operational, technical, artistic, or safety reasons. In that case, Arsentis refunds all sums paid in full, and the Client keeps the Rings already delivered, with no deduction whatsoever.

The Client acknowledges that Arsentis creation requires a minimum framework — a calm moment, and adherence to the instructions supplied with the application. Arsentis remains the sole decision-maker on the artistic and technical choices required for the creation, including in particular:

Arsentis may refuse any request incompatible with: the approach, technical feasibility, artistic integrity, safety, or quality.

8.1 Data ownership

The Client and Participants acknowledge that Arsentis is responsible for the Data captured, generated, or processed as part of the Services (including cardiac signals and metadata), and that Arsentis holds the rights in the Artworks derived from it. That responsibility does not affect the rights the law grants to the persons concerned over their personal information, set out in article 8.4.

The Client and Participants assign to Arsentis all rights necessary to: collect, store, analyze, transform, derive, aggregate, and exploit such Data, for artistic, technical, archival, and development purposes.

8.2 Internal use, improvement and training

Arsentis may retain and use the Data for: internal archiving, tool improvement, documentation, quality control, and artistic research. Arsentis does not train any model on Client Data. Should that change, only derived and aggregated data — stripped of direct identifiers and reproducing no individual trace — could be used, and these Conditions would be amended accordingly before any such use.

8.3 Identifiable data and confidentiality

Data may be linked to the identity of the Client/Participants in internal archives. Arsentis undertakes not to publish identifying elements (legal name, contact details, sensitive details) without additional explicit consent, except where required by law.

8.4 Access, correction, withdrawal of consent, and deletion

The Client and each Participant may, by written request to Arsentis: access the Data concerning them, obtain its correction, withdraw their consent, or request its deletion. Arsentis responds within thirty (30) days of the request.

The Client acknowledges, however, that certain Data may be retained where the law requires it, in particular for billing, contractual evidence, and fraud prevention; and that elements already included in backup copies are deleted only at the end of those backups' retention cycle.

8.5 Non-medical data

The Data is artistic/technical in nature and does not constitute a medical record.

8.6 Retention, destruction and derived data

Identifiable Data is retained for as long as the certificate of authenticity it relates to remains valid: it is that link which allows the Artwork to be authenticated. The certificate's validity is not limited in time; for as long as it remains valid, retention serves the purposes for which the Data was collected. Once those purposes have been fulfilled, or at the request of the Client or a Participant, Arsentis destroys it, within the period set out in article 8.4 and subject to the second paragraph of that article.

The Client acknowledges that destruction requested before the certificate ceases to be valid removes the Artwork's means of re-authentication: the certificate remains — its number, its date, the Artwork, the order, and the measurements printed on it — but Arsentis no longer holds the original signal against which to check them, nor the wearers' names.

Beyond that destruction, Arsentis may retain derived and aggregated data — measurements, statistics and parameters computed from the Data, stripped of direct identifiers and reproducing no individual trace. It serves the improvement and development of Arsentis' artistic and technical processes. Arsentis does not seek to identify a person from such data and takes reasonable measures to limit that risk.

9.1 Internal license

If the Client or Participants provide or authorize the use of Client Content, they grant Arsentis a worldwide, perpetual, transferable, royalty-free license to: produce the Artwork, document the production, archive and ensure quality control, and develop and improve the tools.

9.2 Public use (marketing) — only with additional consent

Arsentis will not use identifiable Client Content (image/video/audio) for public communication purposes without specific additional consent.

9.3 Client warranty

The Client warrants that they have the necessary rights to all Client Content provided and shall indemnify Arsentis in the event of any claim, complaint, or dispute related to such content.

10.1 Intellectual property (firm rule)

All Artworks created as part of the Services, including digital versions, files, variants, derivatives, and prints, are protected. Copyright and related rights remain the exclusive and perpetual property of Arsentis.

10.2 Ownership of the physical medium

The Client becomes the owner of the physical medium delivered (purchased print/copy). This does not transfer any copyright.

10.3 Private-use license granted to the Client

Unless otherwise agreed in writing, the Client may: display the Artwork for personal use, resell the original physical medium or a purchased copy.

The Client may not, without Arsentis’s written authorization: reproduce the Artwork, modify it, exploit it commercially, use it in advertising, products, merchandising, NFTs, additional prints, paid publications, or any commercial use.

10.4 Arsentis’s rights (portfolio, exhibition, marketing)

Arsentis may present the Artwork in a portfolio, display it on its media (website, social networks, exhibitions, presentations, sales materials), and reprint/reproduce it for its own purposes (archives, promotion, exhibition, documentation).

Arsentis undertakes to make a reasonable effort to avoid identifying the Client by their legal name, unless the Client has consented to be named.

10.5 Special requests

Any request for enhanced confidentiality, distribution restriction, or transfer/license of rights to the Client must: be made in writing, be accepted by Arsentis in writing, and may incur fees.

Without confirmed written agreement, the present rules apply in full.

10 bis.1 Nature and role

Physiological signals are captured by means of a sensor ring (the “Ring”), a consumer electronic device designed and manufactured by a third party. The Ring is a technical accessory supplied by Arsentis for the performance of the Services. It is not a medical device and no claim of clinical measurement is made in respect of it.

10 bis.2 Delivery and ownership

The Rings are shipped to the Client before the Capture and belong to them from delivery. They are included in the price of the Services and carry no separate sale price: the Client acquires an artistic service, of which the Ring is the instrument and the material keepsake, and not an electronic device sold for its own functions.

10 bis.3 Scope of Arsentis’ obligation

Arsentis' obligation in respect of the Ring is limited to supplying a device in working order. Should a Ring fail or malfunction, Arsentis supplies a replacement device at its own cost, without the order being called into question.

10 bis.4 Characteristics disclosed to the Client

The Client is informed, prior to entering into the contract, that the Ring:

10 bis.5 After delivery

Beyond the Capture, Arsentis provides no after-sales service, maintenance, repair, update or supply of parts in respect of the Ring. The Client retains in full any recourse they may have against the device's manufacturer.

10 bis.6 Legal warranty preserved

These provisions are not intended to exclude, reduce or limit the legal warranty applicable under the Consumer Protection Act (Quebec) or any other equivalent mandatory legislation, which remains in full force. The parties acknowledge that the reasonable period of normal use of goods is assessed having regard, among other things, to their price, the provisions of the contract and the conditions of use, and that the Ring is supplied as an accessory within an artistic service.

10 bis.7 Shipping, loss and damage

Shipping the Rings to the Client is at Arsentis' risk: a Ring lost or damaged in transit is replaced at no cost. Once delivered, the Rings are the sole responsibility of the Client.

10 bis.8 Data

Physiological data collected by means of the Ring are governed by the article devoted to Data. Handover of the device to the Client transfers no right in the Data or in the Artworks.

Arsentis creates an original Artwork resulting from an artistic process. The Client acknowledges that:

Arsentis does not guarantee a result matching the Client’s mental image. Adjustments, if offered, remain at Arsentis’s discretion and may be billed.

11 bis.1 Damaged or non-conforming Artwork

If the Artwork arrives damaged, if the delivered print carries a studio defect — printing, paper, or a size other than the one ordered — or if the parcel is lost in transit, Arsentis replaces it at its own cost. The Client reports it within thirty (30) days of receipt or of the expected delivery date, in writing to the official address shown on the Arsentis site, with a photograph of the print and its packaging where the parcel did arrive. No return is to be made before Arsentis' written agreement.

11 bis.2 No other return or exchange

Outside the case set out in article 11 bis.1, the Artwork can be neither returned, nor exchanged, nor refunded. It is composed from the Client’s own Data alone and printed once, at their request: it has no other possible destination. Articles 5.3 and 11 remain applicable — aesthetic appreciation gives no right to a return.

11 bis.3 Rings

The Rings belong to the Client and are not returned. A Ring that does not work is handled under article 10 bis, not through an order return.

11 bis.4 Cancellation before the Capture

Cancellation before the Capture begins remains governed by article 6.1. It concerns the order, not a return of goods.

12.1 Voluntary participation

Participation is entirely voluntary. The Client and Participants understand the artistic, experiential and non-medical nature of the Services and agree to take part on an informed basis.

12.2 Limitation of liability — scope and mandatory limits

To the extent permitted by applicable law, Arsentis is not liable for indirect damages, loss of profits or loss of opportunity.

This limitation is subject to mandatory exceptions from which these Conditions do not derogate. In accordance with article 1474 of the Civil Code of Québec, Arsentis does not exclude or limit in any way its liability for bodily or moral injury caused to another, nor for material damage resulting from intentional or gross fault. In accordance with section 10 of the Consumer Protection Act, Arsentis does not exempt itself from the consequences of its own act or that of its representatives.

12.3 Informed acknowledgement of risks

The Client and Participants acknowledge having been informed, prior to taking part, that the experience may give rise to unforeseen emotional reactions, that capture involves wearing a sensor in prolonged contact with the skin, and that the course of a session may vary. This acknowledgement constitutes prior disclosure and acceptance of the risks inherent in the activity; it does not constitute a waiver of any recourse.

12.4 No diagnosis / no obligation of result

No diagnosis or guarantee of benefit is provided. Any reaction arises from the physiology and lived experience of the Client and Participants.

12.5 Client’s responsibility

The Client and Participants represent that they are fit to take part, undertake to inform Arsentis of any relevant condition, and to stop the session should they feel discomfort.

12.6 Children

The parent or legal guardian consents to the child’s participation, represents that they hold the authority to do so, and remains responsible for supervising the child during the session. It is understood that a parent cannot validly waive a child’s own rights, and these Conditions do not purport to have any such effect.

12.7 Indemnification

The Client agrees to indemnify Arsentis against claims, damages and reasonable costs arising from the Client’s breach of these Conditions or from unauthorised use of the Artworks. This obligation does not apply to claims arising from the act of Arsentis or its representatives.

Subject to the mandatory exceptions set out in article 12.2, Arsentis’ total financial liability under a given contract is limited to the amount actually paid by the Client under that contract.

This limitation applies neither to bodily or moral injury, nor to material damage resulting from intentional or gross fault.

The Client acknowledges that the Services are personalised, irreversible and non-reproducible, and that evidence of their performance may be provided to the card issuer.

Before initiating a chargeback, the Client is invited to contact Arsentis in order to seek a direct resolution. These Conditions do not restrict the Client’s right to contact their card issuer or to exercise their recourses.

Arsentis reserves the right to contest a chargeback, to produce evidence of performance and to claim amounts legitimately owed.

The Client remains entirely free to publicly express their assessment of the Services, whether favourable or unfavourable. Arsentis does not condition any service, warranty or refund on the withdrawal, modification or absence of a review.

Only false, misleading, defamatory or malicious statements are targeted, as well as threats, extortion and attempts to obtain an advantage through intimidation, in respect of which Arsentis retains its ordinary legal recourses.

In accordance with section 11.1 of the Consumer Protection Act, no provision of these Conditions has the effect of requiring the Client to submit a dispute to arbitration, restricting their right to bring legal proceedings, prohibiting them from bringing a class action, or depriving them of the right to be a member of a class covered by such an action.

The Client retains all of their recourses, including before the Office de la protection du consommateur.

Arsentis may not be held responsible for any delay, suspension, adaptation, or cancellation resulting from an event beyond its control, including: pandemics/epidemics, health restrictions, natural disasters, major outages, transport disruptions, travel bans, governmental decisions, strikes, conflicts, critical supplier unavailability.

In a force majeure event, Arsentis may postpone, adapt, or cancel the service. Any potential refund will be determined prorated to work not performed; Rings already delivered remain the Client's, with no deduction.

Should any provision of these Conditions be held invalid, unlawful or unenforceable, it shall be deemed severed or reduced to the extent permitted by law, without affecting the validity of the remaining provisions, which remain in full force.

No provision of these Conditions derogates from the mandatory provisions of the Consumer Protection Act or the Civil Code of Québec. In the event of conflict, the mandatory provision prevails and the provision is applied only to the extent permitted by law.

Acceptance by electronic means (checkbox, digital signature, order confirmation, payment) constitutes a legally binding acceptance equivalent to a handwritten signature.

Electronic confirmations, technical logs, payment records, and communications retained by Arsentis may be produced as evidence, without limiting either party's right to adduce evidence of their own.

20.1 Governing law

These Conditions are governed by the laws of the Province of Québec and the applicable federal laws of Canada, without regard to conflict of laws rules.

20.2 Mediation

The parties agree to favour an amicable resolution and may resort to mediation. Recourse to mediation is optional and in no way constitutes a precondition to bringing legal proceedings.

20.3 Jurisdiction

Any dispute shall be submitted to the competent courts of Québec. It is understood that a Client contracting as a consumer retains the right to bring proceedings before the court of their domicile where the law so permits.

The French version prevails. An English version may be provided. In case of divergence, the French version governs, except where mandatory legal provisions apply.

Arsentis may modify these Terms. The applicable version is the one accepted at the time of ordering. Modifications apply to future orders.

Any request (including Data deletion, legal questions, restrictions, complaints) must be sent in writing to the official address indicated on the Arsentis website.