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.

4.3 Purchase grouping several orders — Artwork with two Wearers

Where a purchase groups several orders, the Client is the person who makes the purchase: they alone contract with Arsentis for each of the orders, they alone may cancel them (article 6.1), and the Rings and the Artwork of each order belong to them (articles 5.2 and 10.2). For each order, the Client designates the Wearer and the delivery address; delivery to that address counts as delivery to the Client. The Client represents that they are authorised to give Arsentis the name and email address of each Wearer, which Arsentis uses to send them their order number, access to their account and the information the law requires about their personal information; each Wearer exercises the rights in article 8.4 on their own behalf. Where two Wearers choose a single Artwork, the order is a single one and the same rules apply; should one of the two withdraw before the Capture, the Client may substitute another Wearer or cancel the order under article 6.1.

5.1 Price and payment

The price shown is per order. Each order includes one Artwork, one Ring for each Wearer whose Data compose it — one, or two where two Wearers choose a single Artwork —, the composition, printing and framing of the Artwork, its certificate of authenticity, and the delivery provided for at the time of the order, including import duties where the price shown for the country of delivery says so (article 11 bis.5). The price varies with the format chosen. A copy of the Artwork, framed and accompanied by its own certificate, can only be ordered together with the Artwork and is billed at the price shown when ordering. Several orders may be paid in a single purchase; each order is payable in full when it 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 — $55 USD per Ring — 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, 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 any right you have under United States federal law, or under the law of the state where you reside, that cannot be waived by agreement. In particular: if Arsentis cannot ship within the time stated, Arsentis offers you the choice of consenting to a new shipping date or cancelling your order for a prompt refund; and if you have consented to a delay of indefinite length, you keep the right to cancel at any time before the Artwork ships. Where cancellation is based on the law, each party restores what it has received.

6.1 Cancellation by the Client, before the Capture

Each order is cancelled separately, including where several orders were paid in a single purchase. Before the Capture for an order begins, you may cancel that order at any time by writing to Arsentis. Arsentis refunds the price of the cancelled order, copies included, and retains the cost of the Rings delivered — $55 USD per Ring — which the Client keeps. This retention corresponds to the actual cost of devices already delivered and not recoverable; it is not a cancellation penalty. If the Rings for that order have not yet shipped when you cancel, Arsentis refunds everything you paid for it. Deferring your Capture does not make your order final: you keep a continuing right to cancel at any time before the Artwork ships.

6.2 After the Capture begins

Once the Capture has begun, the order can no longer be cancelled: article 5.3 applies. This article does not limit the rights set out in article 5.5.

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.

6.4 Deferred Capture — Availability of materials

Where the Capture begins more than twelve (12) months after the order, Arsentis performs the order using the materials and the device then available. Should the format, the paper, the frame, or the Ring model selected at the time of the order no longer be offered, Arsentis supplies the closest equivalent, of at least equal quality, and informs the Client before printing. Shipping remains included on the terms of your order. The price of the Artwork remains the one paid at the time of the order.

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 consent to Arsentis collecting, storing, analyzing, transforming, deriving, aggregating and using such Data for the artistic, technical and archival purposes described herein, and for those purposes only. This consent may be withdrawn under article 8.4.

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, portability, withdrawal of consent, and deletion

The Client and each Participant may, by written request to Arsentis: access the Data concerning them and obtain a copy, obtain its correction, receive it in a structured, commonly used technological format where it was collected from them, withdraw their consent, or request its deletion. Arsentis replies in writing, free of charge, 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 reproduce it for its own purposes (archives, promotion, exhibition, documentation), without printing any impression beyond what article 10.6 provides.

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.

10.6 Impressions of the Artwork

The number of printed impressions of the Artwork is fixed at the time of the order: the original and the copies ordered with it. Each impression is framed, signed and accompanied by its own certificate of authenticity, which states its rank within that total. No copy can be added after the order, and Arsentis prints no other impression of the Artwork, except to replace a damaged or lost impression under article 11 bis.1, the replaced impression being withdrawn.

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 LIMITED WARRANTY on the Ring

Arsentis warrants to you, the original purchaser, that each Ring supplied with your order will be free from defects in material and workmanship for ninety (90) days from the date of your order. Should a Ring fail within that period, Arsentis supplies a replacement device at its own cost, shipping included, without the order being called into question. To obtain warranty service, write to Arsentis at the contact address given in article 23, with your order number and a description of the failure; Arsentis confirms in writing before any Ring is sent back. This warranty does not cover loss, theft, accidental damage, misuse, or normal battery wear. Any implied warranties on the Ring, including any implied warranty of merchantability and of fitness for a particular purpose, are limited in duration to ninety (90) days from the date of your order. Some States do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from State to State.

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 ninety (90) day warranty set out in article 10 bis.3, 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 any implied warranty or other mandatory protection that applies to you under United States federal law or under the law of the state where you reside, which remains in full force. The Ring is supplied as an accessory within an artistic service, and the reasonable period of its normal use is assessed having regard, among other things, to its price, the provisions of the contract and the conditions of use.

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, mat, frame, 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 Arsentis at godscloset@arsentis.com, 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, at their request: it has no other possible destination. Articles 5.3 and 11 remain applicable — aesthetic appreciation gives no right to a return. This article does not limit any right you have under United States federal law or under the law of your state that cannot be limited by agreement; where such a right applies, it prevails over this article and Arsentis honours it.

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. Where cancellation is based on the law, article 6.1 applies and Arsentis refunds all sums paid.

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.

11 bis.5 Import duties and taxes

Where the price shown for the country of delivery is stated as including customs duties, Arsentis pays, through the carrier, the customs duties, import taxes and clearance fees due on the entry of the Artwork and the Rings into that country: nothing is claimed from the Client on delivery. Under the law of that country, the Client remains the importer of the goods; they authorise the carrier to complete customs formalities on their behalf and provide, on request, the information customs requires of them. Should any such amount nevertheless be claimed from the Client, they notify Arsentis, which pays it to the carrier or reimburses it to the Client against proof. A parcel held by customs is handled as a delivery delay, of which Arsentis informs the Client; a parcel returned or destroyed for a cause not attributable to the Client is replaced at Arsentis’ cost or, failing that, the order is refunded as in article 6.3.

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. Arsentis does not exclude or limit in any way its liability for death or personal injury, nor for damage resulting from its own intentional act or gross negligence, nor for any liability that the law of your state does not permit to be excluded or limited. Nothing in these Conditions exempts Arsentis 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 death or personal injury, nor to damage resulting from an intentional act or gross negligence. Some States do not allow the exclusion or limitation of incidental or consequential damages, or a limitation of liability, so the above may not apply to you.

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.

Nothing in these Conditions requires you to submit a dispute to arbitration, restricts your right to bring an action in court, waives your right to bring or to join a class action, or shortens any period the law gives you to sue. Arsentis will not ask a court to enforce any such restriction against you.

You keep every remedy the law gives you. You are free to contact a public authority at any time, including the Federal Trade Commission at reportfraud.ftc.gov and the office of the attorney general of the state where you reside, listed at usa.gov/state-attorney-general.

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 mandatory consumer protection law, including the federal law of the United States and the law of the state where you reside to the extent that law cannot be waived by contract. In the event of conflict, the mandatory provision prevails and the provision of these Conditions applies only to the extent the law permits.

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. This choice does not deprive you of the protection of any mandatory consumer protection law of the state where you reside that cannot be waived by contract; where such a law applies, it prevails over this article.

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

Arsentis consents to the jurisdiction of the courts of Québec. If you contract as a consumer, this article does not restrict you: you may bring an action where you reside, including in the small claims court of your state, wherever the law allows it. Arsentis will not invoke this article to have your action dismissed or transferred.

These Conditions are published in French and in English. If you reside in the United States, the English version is the version presented to you, the version you accepted, and the version that governs your order; the French version exists and remains available on request. If you reside in Québec, the French version governs. Arsentis will not rely on a difference between the two versions to reduce a right that the version you accepted gives you.

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, and warranty service) must be sent in writing to Arsentis, by email at godscloset@arsentis.com.