Terms of Service

1. Introduction and Definitions

1.1 Introduction

Welcome to Sienna. Sienna is a curated social platform for artists and creators and the people who follow their work. Through the Sienna mobile application (the “App”), approved artists share images, video, audio, and information about their work and events, and other users follow artists, view their posts, and receive curated updates. The App is owned and operated by Sienna Creations LLC, a Florida limited liability company (“Sienna,” “we,” “us,” or “our”).

These Terms govern your access to and use of the App and all related content, features, and services (collectively, the “Services”). By creating an account or using the Services, you (“you” or “your”) agree to these Terms. Our Privacy Policy, available at sienna.art/privacy, explains how we collect, use, and share personal information.

1.2 Changes to These Terms

We may revise these Terms from time to time. If we make material changes, we will notify you through the App or by email before the changes take effect. If you continue to use the Services after revised Terms take effect, you accept the revised Terms. If you do not agree to the revised Terms, you must stop using the Services and may delete your account. A change to Section 11 (Dispute Resolution) will not apply to any dispute of which either party gave the other written notice before the change took effect.

1.3 Definitions

In these Terms:

1. (a)“Artist” means a user whose account we have approved to post Content.
2. (b)“Brief” means a curated collection of news and updates relating to the arts and to the Artists a user follows, which we assemble and deliver through the App.
3. (c)“Content” means any images, video, audio, text, captions, event details, links, profile information, or other material that a user submits, posts, or displays through the Services.
4. (d)“Third-Party Content” means news articles, headlines, excerpts, images, and other material from publishers and sources other than Sienna or its users, including material we curate into Briefs.

2. Eligibility and Accounts

2.1 Age and Capacity

The Services are currently offered only in the United States. You must be at least 18 years old to use the Services. By creating an account, you represent that you are at least 18 years old and have the legal capacity to enter into these Terms. We may ask you to confirm your age when you sign up, and we may use age information from Apple to confirm that you meet this requirement. The Services are not intended for anyone under 18, and we will terminate any account that we believe belongs to a minor.

2.2 Account Creation

To use the Services, you must create an account by providing your name and email address and completing our sign-in process. You agree to provide accurate and complete information and to keep it current. You may create only one account, and you may not create an account on behalf of another person without that person’s authorization. We may refuse, suspend, or reclaim any username or handle at our discretion, including one that infringes a third party’s rights or impersonates another person.

2.3 Account Security

You are responsible for all activity that occurs under your account. Keep your login credentials confidential and notify us promptly at support@sienna.art if you suspect unauthorized access. We are not liable for any loss arising from unauthorized use of your account that results from your failure to protect your credentials.

2.4 Artist Accounts

Posting Content on the Services requires an approved Artist account. We review requests to post manually and may approve or decline any request at our discretion. Approval does not create any obligation on our part, and we may suspend or revoke posting privileges at any time, with or without notice, including if we believe an Artist has violated these Terms or our content standards. Artists remain subject to all other provisions of these Terms.

2.5 Deleting Your Account

You may delete your account at any time through the Settings screen in the App, and you may delete individual posts from the post view. Deleting your account removes your profile and posts from the Services, subject to the retention practices described in our Privacy Policy. If you have questions about deletion, contact us at support@sienna.art.

2.6 Suspension and Termination by Sienna

We may suspend or terminate your account, remove your Content, or restrict your access to the Services at any time, with or without cause and with or without notice, including for any violation of these Terms. On termination, your right to use the Services ends immediately. Except as required by law, we have no obligation to retain or provide access to your Content after termination.

3. The Services

3.1 What the App Does

Through the App, you can:

1. (a)browse and follow Artists;
2. (b)view Content that Artists post, including images, video, audio, and details about their work, prices, venues, and events;
3. (c)receive Briefs tailored to the Artists you follow;
4. (d)choose how often you hear from each Artist; and
5. (e)receive push notifications, if you enable them.

The Services are currently free to use. Your carrier or internet provider may charge for data or connectivity. We may add features in the future, and additional terms may apply when we do.

3.2 Briefs and Third-Party Content

Briefs include Third-Party Content that we select from publishers and other sources. We present that material with attribution and links to the original source where available. Third-Party Content belongs to its publishers and is subject to their terms. We do not endorse Third-Party Content, do not verify its accuracy, and are not responsible for any errors, omissions, or opinions it contains. We provide Briefs for informational purposes only. We select and organize Briefs based on the Artists you follow and your activity in the App. We do not currently use artificial intelligence to generate or summarize Briefs. If we add that capability, we will identify AI-generated summaries in the App. Before the feature becomes available, we will also update our Privacy Policy to describe any resulting change in how we collect, use, or share personal information.

3.3 Artist Posts and Event Information

Artists are responsible for the Content they post, including any prices, venues, dates, and other event details. We do not verify that information, and events, prices, and availability may change without notice. Any purchase, ticket sale, commission, or other transaction between you and an Artist takes place outside the Services, directly between you and the Artist or through a third-party website or service, and is governed by the terms of that transaction. Sienna is not a party to those transactions and is not a marketplace, broker, agent, payment processor, or escrow agent.

3.4 Third-Party Links and Services

The Services contain links to third-party websites and services, including Artists’ websites and their Instagram and X profiles, publishers’ sites, and other external resources. We do not control those sites and services and are not responsible for their content, privacy practices, or availability. Your use of any third-party site or service is at your own risk and subject to its terms.

3.5 Push Notifications

If you enable push notifications, we will send notifications about Artists you follow, new Briefs, and important account or service updates. You can adjust notification settings in the App or turn off notifications in your device settings at any time.

3.6 Availability and Changes to the Services

We may modify, suspend, or discontinue any part of the Services at any time, with or without notice, and without liability to you. We do not guarantee that the Services will be available at all times or free of errors or interruptions. We may impose limits on certain features or restrict access to parts of the Services.

4. User Content

4.1 Ownership

You retain all ownership rights in your Content. These Terms do not transfer ownership of your Content to Sienna.

4.2 License to Sienna

By posting Content on the Services, you grant Sienna a worldwide, non-exclusive, royalty-free, sublicensable (solely to our service providers acting on our behalf), and transferable license to host, store, reproduce, modify, adapt, format, resize, transcode, display, distribute, and create derivative works of your Content for the purposes of operating, providing, improving, and promoting the Services. Promoting the Services includes featuring your Content, together with your name or handle, in Sienna’s own marketing materials, including on our website and social media accounts. You may opt out of promotional use at any time by emailing us at support@sienna.art. This license ends when you delete the Content or your account, except that we may retain copies for a limited period as described in our Privacy Policy. When you opt out or delete Content, we will stop new promotional uses of that Content and remove it from promotional channels we control within a reasonable period, but we cannot recall materials already distributed. Copies that other users or third parties have saved are outside our control, and their existence does not extend this license.

4.3 License to Other Users

By posting Content on the Services, you grant each user of the Services a non-exclusive, non-transferable license to view your Content through the App for personal or professional purposes. This license does not permit users to download, copy, reproduce, or redistribute your Content outside the Services, except as the App’s features expressly allow.

4.4 Your Responsibilities

You are solely responsible for your Content and for the consequences of posting it. By posting Content, you represent and warrant that you own it or have obtained all rights, licenses, consents, and permissions necessary to post it and to grant the licenses in these Terms, including the consent of any identifiable person who appears in it. Please review files before you upload them. Image, video, and audio files may contain embedded information such as the date, device details, and location where they were created. The App removes location information from photos, videos, and audio files before upload, but other embedded information may remain, and you should remove any information you do not wish to share.

4.5 Content Standards

We have zero tolerance for objectionable content and abusive conduct. You may not post Content that:

1. (a)infringes or violates any copyright, trademark, privacy, publicity, or other right of any person;
2. (b)is pornographic or sexually explicit, depicts sexual violence, or sexualizes minors;
3. (c)constitutes nonconsensual intimate imagery of any person, whether authentic or digitally created;
4. (d)harasses, threatens, bullies, or demeans any person, or promotes hatred or violence against any individual or group on the basis of race, ethnicity, national origin, religion, sex, gender identity, sexual orientation, disability, or any other protected characteristic;
5. (e)promotes or glorifies self-harm, suicide, or violence;
6. (f)is false or misleading in a way that could deceive or harm others, including misrepresenting the ownership, authenticity, or provenance of a work;
7. (g)impersonates any person or entity or falsely claims an affiliation with any person or entity;
8. (h)contains spam, unsolicited promotions, or repetitive or irrelevant material;
9. (i)contains viruses, malware, or any code designed to interfere with the Services or any device; or
10. (j)violates any applicable law or these Terms.

Artistic works that depict nudity or mature themes may be permitted when presented in an artistic context, at our discretion. We decide what Content is objectionable, and our decision is final.

4.6 Moderation, Reporting, and Blocking

We use automated tools to screen posts for certain prohibited content before they appear on the Services, and we report apparent child sexual exploitation to the National Center for Missing & Exploited Children and to law enforcement as the law requires. Those tools are imperfect, and we do not otherwise review Content before it is posted. We are not responsible for Content posted by users. Except as required by law, we reserve the right, but not the obligation, to review, remove, or restrict any Content at any time, for any reason or no reason, without notice. You can report a post or a profile from within the App, and you can block any user from the user’s profile. We review reports promptly and act on them as we consider appropriate, which may include removing Content, suspending posting privileges, or terminating accounts. If you believe we removed your Content in error, you may contact us at support@sienna.art. We may preserve Content and account information when reasonably necessary to comply with law, resolve disputes, or enforce these Terms.

4.7 Nonconsensual Intimate Imagery

If intimate imagery of you has been posted on the Services without your consent, you, or a person authorized to act on your behalf, may request its removal by submitting our takedown form at sienna.art/takedown or by emailing takedown@sienna.art. This process covers realistic images that have been digitally created or altered. You do not need a Sienna account to submit a request, and you do not need to own the copyright in the imagery. Your request must include:

1. (a)your physical or electronic signature, or that of the person authorized to act on your behalf;
2. (b)identification of the imagery and information reasonably sufficient for us to locate it, such as a link to the post or the handle of the account that posted it;
3. (c)a brief statement that you have a good-faith belief that the imagery was published without your consent, together with any information relevant to that belief; and
4. (d)information sufficient for us to contact you or your authorized representative.

As soon as possible, and no later than 48 hours after receiving a valid request, we will remove the imagery and make reasonable efforts to identify and remove any known identical copies on the Services. We act on these requests in good faith and are not liable for removing Content in response to a request we reasonably believe to be valid.

4.8 Feedback

If you send us ideas, suggestions, or other feedback about the Services, you grant us the right to use that feedback for any purpose without restriction or compensation to you.

5. Intellectual Property

5.1 Sienna Materials

The Services, including the App, its design, software, graphics, logos, trademarks, and all other elements other than Content and Third-Party Content (collectively, the “Sienna Materials”), are owned by Sienna or its licensors and protected by intellectual property laws. You may not copy, modify, distribute, sell, lease, reverse engineer, or create derivative works from the Sienna Materials, and you may not use our name or logos without our prior written consent.

5.2 License to Use the App

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download and use the App on a compatible device that you own or control, for your personal or professional use, including, if you are an Artist, to promote your own creative work or business. An Artist may authorize an employee or representative to manage the Artist’s account, and the Artist remains responsible for that person’s activity. This license does not permit you to resell or provide access to the Services to others, to access the Services by any means other than the App, or to use automated tools to collect data from the Services.

5.3 Copyright Infringement

We respect the intellectual property rights of others and expect users to do the same. Under the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, we will respond to proper notifications of claimed copyright infringement.

Notice. If you believe that Content on the Services infringes your copyright, send a notification to our designated agent containing:

1. (a)a physical or electronic signature of a person authorized to act on behalf of the copyright owner;
2. (b)identification of the copyrighted work you claim has been infringed or, if multiple works on the Services are covered by a single notice, a representative list of those works;
3. (c)a description of the allegedly infringing Content and where it appears on the Services, with enough detail to allow us to locate it;
4. (d)your address, telephone number, and email address;
5. (e)a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and
6. (f)a statement, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.

Counter-Notice. If we remove or disable access to your Content in response to a notification, we will take reasonable steps to notify you promptly. If you believe that your Content was removed by mistake or misidentification, you may send a counter-notice to our designated agent containing:

1. (a)your physical or electronic signature;
2. (b)identification of the removed Content and where it appeared before removal;
3. (c)a statement under penalty of perjury that you have a good-faith belief that the Content was removed by mistake or misidentification; and
4. (d)your name, address, and telephone number, together with a statement that you consent to the jurisdiction of the federal district court for the district in which your address is located (or, if you are outside the United States, the United States District Court for the Southern District of Florida) and that you will accept service of process from the person who submitted the original notification or that person’s agent.

When we receive a valid counter-notice, we will send a copy to the person who submitted the original notification and tell that person that we will restore the Content in 10 business days. We will then restore the Content no sooner than 10 and no later than 14 business days after we receive the counter-notice, unless our designated agent first receives notice that the person who submitted the original notification has filed a court action seeking to restrain you from engaging in the alleged infringement. We may share notices and counter-notices with the other party as needed to administer this process, and we may still remove or restrict Content that violates these Terms for other reasons.

Repeat Infringers. We will terminate, in appropriate circumstances, the accounts of users who repeatedly infringe copyright, and we accommodate standard technical measures as the DMCA requires.

Misrepresentation. Under 17 U.S.C. § 512(f), a person who knowingly and materially misrepresents that Content is infringing, or that Content was removed by mistake, may be liable for damages.

Our designated agent for copyright notices is:

Sienna Creations LLC

Attention: Copyright Agent

2875 NE 191st St, Ste 305
Aventura, FL 33180-2806

Telephone: (737) 285-2941

Email: support@sienna.art

6. Prohibited Conduct

You agree not to, and not to help or encourage others to:

1. (a)use the Services for any unlawful purpose;
2. (b)harass, threaten, stalk, or abuse any user, or use information obtained through the Services to contact any user in a way that is unwanted, threatening, or abusive;
3. (c)attempt to identify, locate, or expose the private information of any user;
4. (d)post Content that violates our content standards;
5. (e)use scrapers, bots, or other automated means to access the Services or collect Content or data without our written permission;
6. (f)download, copy, or redistribute Content outside the Services except as the App’s features expressly allow;
7. (g)interfere with the operation or security of the Services, or attempt to gain unauthorized access to any account, system, or network;
8. (h)circumvent any content filter, access restriction, or other control we use;
9. (i)create accounts by automated means or under false pretenses, or evade a suspension or termination by creating a new account;
10. (j)use the Services to advertise or solicit for commercial purposes without our written permission, other than Artists posting about their own work;
11. (k)artificially inflate follows, views, or other engagement, whether through automation, coordination, or payment;
12. (l)misuse our reporting or takedown procedures, including by knowingly submitting a false report or retaliating against a person who reports a concern; or
13. (m)violate the terms of any third-party service, including the Apple App Store, in connection with your use of the Services.

7. Additional Terms for Apple Devices

If you download the App from the Apple App Store, the following terms also apply, and they control over any conflicting provision of these Terms with respect to Apple Inc. (“Apple”):

1. (a)These Terms are between you and Sienna only, not Apple. Apple is not responsible for the App or its content.
2. (b)Your license to use the App is limited to a non-transferable license to use the App on Apple-branded devices that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you through Family Sharing or volume purchasing.
3. (c)Sienna is solely responsible for providing any maintenance and support for the App. Apple has no obligation to provide maintenance or support.
4. (d)Sienna is solely responsible for any product warranties, whether express or implied by law, to the extent not disclaimed. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App (if any) to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to a warranty are Sienna’s sole responsibility.
5. (e)Sienna, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your use of it, including product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar laws.
6. (f)If a third party claims that the App or your use of it infringes that third party’s intellectual property rights, Sienna, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of the claim.
7. (g)You represent and warrant that you are not located in a country subject to a United States government embargo or designated by the United States government as a terrorist-supporting country, and that you are not listed on any United States government list of prohibited or restricted parties.
8. (h)You must comply with any applicable third-party terms when using the App, such as your wireless data service agreement.
9. (i)Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right, and will be deemed to have accepted the right, to enforce these Terms against you as a third-party beneficiary.

Questions, complaints, and claims regarding the App should be directed to Sienna at the contact information in Section 13.

8. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SIENNA DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

SIENNA MAKES NO REPRESENTATION OR WARRANTY REGARDING ANY CONTENT, THIRD-PARTY CONTENT, OR BRIEF, INCLUDING THE ACCURACY, COMPLETENESS, AUTHENTICITY, OR LEGALITY OF ANY WORK, PRICE, VENUE, DATE, OR OTHER INFORMATION POSTED BY AN ARTIST OR CURATED FROM A THIRD-PARTY SOURCE. OUR APPROVAL OF AN ARTIST ACCOUNT DOES NOT MEAN THAT SIENNA ENDORSES THE ARTIST OR HAS VERIFIED THE ARTIST’S IDENTITY, CREDENTIALS, OR WORK, AND SIENNA MAKES NO REPRESENTATION ABOUT THE CONDUCT OF ANY USER OR ARTIST. YOUR USE OF THE SERVICES AND ANY RELIANCE ON CONTENT IS AT YOUR OWN RISK.

SIENNA IS NOT RESPONSIBLE FOR ANY TRANSACTION, COMMUNICATION, OR DISPUTE BETWEEN YOU AND ANY ARTIST, USER, OR THIRD PARTY, INCLUDING ANY PURCHASE OR COMMISSION ARRANGED THROUGH INFORMATION OR LINKS ON THE SERVICES.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL SIENNA OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, GOODWILL, DATA, OR USE, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER THEORY, AND WHETHER OR NOT SIENNA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, SIENNA IS NOT LIABLE FOR ANY CONTENT OR THIRD-PARTY CONTENT, ANY CONDUCT OF ANY USER, ANY REMOVAL OF CONTENT OR SUSPENSION OF ANY ACCOUNT, OR ANY LOSS OF CONTENT OR DATA.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SIENNA’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID SIENNA FOR THE SERVICES IN THE 12 MONTHS BEFORE THE CLAIM AROSE OR (B) $100.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. TO THE EXTENT APPLICABLE LAW DOES NOT PERMIT AN EXCLUSION OR LIMITATION IN THIS SECTION, IT WILL NOT APPLY TO YOU.

10. Indemnification

You agree to indemnify, defend, and hold harmless Sienna and its members, managers, officers, employees, agents, and representatives from and against all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

1. (a)your Content, including any claim that it infringes or violates the rights of a third party;
2. (b)your use of the Services;
3. (c)your violation of these Terms or of any applicable law; or
4. (d)any transaction, communication, or dispute between you and another user or third party.

This obligation does not apply to the extent a claim results from an indemnified party’s own negligence or willful misconduct. We will give you reasonably prompt notice of any claim for which we seek indemnification. We may assume control of the defense with counsel of our choosing, at your expense, where reasonably necessary to protect our interests, and you will cooperate with us as we reasonably request. You may not settle any claim in a way that admits fault on behalf of, imposes any obligation on, or fails to fully release an indemnified party without that party’s written consent.

11. Dispute Resolution

11.1 Informal Resolution

Before either party starts a formal proceeding, the party raising the dispute will send the other a written notice describing the dispute and the relief sought, and the parties will work together in good faith for at least 30 days to resolve it informally. You may send notice to support@sienna.art, including your name and the email address associated with your account. We will send notice to the email address associated with your account. Applicable limitation periods are tolled during this 30-day period to the extent the law permits. This requirement does not apply to small claims actions, requests for urgent relief permitted by Section 11.4, complaints to a government agency, or requests under Section 4.7 or Section 5.3.

11.2 Binding Arbitration

If we cannot resolve a dispute informally, any dispute, claim, or controversy arising out of or relating to these Terms or the Services, including any question about the scope or enforceability of this agreement to arbitrate, will be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect. The Federal Arbitration Act governs this agreement to arbitrate. A single arbitrator will conduct the arbitration in English. The arbitrator may conduct the arbitration on written submissions, by telephone, or by videoconference, as the AAA rules permit. Any in-person hearing will be held in the county where you reside unless you and Sienna agree otherwise. The applicable AAA rules and fee schedules govern the allocation of filing fees and arbitrator compensation, and Sienna will pay any fees they require it to pay. The arbitrator may award any relief that a court could award to an individual claimant, subject to these Terms, and judgment on the award may be entered in any court of competent jurisdiction. The AAA’s Mass Arbitration Supplementary Rules then in effect will apply when applicable under those rules.

11.3 Class Action Waiver

YOU AND SIENNA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF DIFFERENT PERSONS OR PRESIDE OVER ANY CLASS PROCEEDING WITHOUT THE CONSENT OF ALL PARTIES. IF A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION FOR ANY REASON, YOU AND SIENNA EACH WAIVE ANY RIGHT TO A JURY TRIAL.

11.4 Exceptions

Either party may bring an individual claim in small claims court if the claim qualifies, and either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of intellectual property rights. Nothing in this Section 11 prevents you from reporting a concern to a government agency or from seeking public injunctive relief or any other remedy that applicable law does not permit you to waive. If a claim for public injunctive relief cannot lawfully be arbitrated, that claim will proceed in court, and any remaining claims will proceed in arbitration.

11.5 Severability of This Section

If any part of this Section 11 is found unenforceable, the rest of the Section will continue to apply. If the class action waiver is found unenforceable as to a particular claim, this Section 11 will not apply to that claim, and the claim will proceed in court under Section 12. Nothing in these Terms authorizes class arbitration.

11.6 Your Right to Opt Out

You may opt out of this agreement to arbitrate by emailing us at support@sienna.art within 30 days after you first accept these Terms. Your email must include your name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. If you opt out, neither you nor Sienna will be bound by the arbitration and class action waiver provisions of this Section 11, and the rest of these Terms will continue to apply. Opting out will not affect your ability to use the Services.

12. Governing Law and Venue

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules, and by the Federal Arbitration Act. Except for small claims actions, proceedings to enforce an arbitration award, and any claim that applicable law gives you a nonwaivable right to bring elsewhere, any claim that proceeds in court under Section 11 must be brought in the state or federal courts located in Miami-Dade County, Florida, and you consent to the personal jurisdiction and venue of those courts.

13. General Provisions

13.1 Entire Agreement

These Terms and any additional terms we present for specific features constitute the entire agreement between you and Sienna regarding the Services and supersede all prior agreements and communications on the subject.

13.2 Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force, and the invalid provision will be modified to the minimum extent necessary to make it enforceable while preserving its intent.

13.3 Waiver

Our failure to enforce any provision of these Terms is not a waiver of our right to enforce it later. Any waiver must be in writing and signed by Sienna.

13.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

13.5 Force Majeure

We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, government action, internet or telecommunications failures, or failures of third-party services.

13.6 Survival

Sections 4 (User Content), 5 (Intellectual Property), 8 (Disclaimers), 9 (Limitation of Liability), 10 (Indemnification), 11 (Dispute Resolution), 12 (Governing Law and Venue), and this Section 13 survive any termination of these Terms or your account.

13.7 Electronic Communications

By using the Services, you consent to receive communications from us electronically, including through the App, push notifications, and email, and you agree that electronic communications satisfy any legal requirement that a communication be in writing.

13.8 Export Controls and Sanctions

You may not use the Services if you are located in a country or region subject to United States sanctions or if you are a person on any United States government list of prohibited or restricted parties. You agree to comply with all applicable export control and sanctions laws.

13.9 Notice to California Residents

Under California Civil Code Section 1789.3, California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

13.10 Notices and Contact Information

We may give you notice by posting in the App, by push notification, or by email to the address associated with your account. You may direct any questions, complaints, or claims regarding the App or these Terms to:

Sienna Creations LLC

2875 NE 191st St, Ste 305
Aventura, FL 33180-2806

Telephone: (737) 285-2941

Email: support@sienna.art