Terms of use
In short: SprayAR Streets is a free, public, shared map on which everyone paints digital paint onto real streets. Everything you paint, your artist name and your character are visible to everyone and can be painted over by others. The paint is virtual only – never spray real walls or streets and stay safe in traffic. No hate, no illegal or sexual content, no personal data of others, no cheating. If you break the rules we can remove content, kick you, ban you for 24 hours or block your account and device permanently.
1. Who we are
The street map 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 street map in the browser. The SprayAR iOS app and the sprayar.com website have their own terms.
2. The service
SprayAR Streets shows a map of real streets on which users paint digital paint, see what others paint and compare themselves on leaderboards. The service is free of charge. It is an evolving art project: features can change, be added or removed, and parts of the map can be reset. There is no right to a particular feature, to uninterrupted availability or to the permanent preservation of any paint.
Map data © OpenStreetMap contributors (ODbL). The map shows streets as they are mapped; it can be wrong or outdated and must not be used for navigation.
3. Acceptance and age
Before you start painting we ask you to accept these terms and to confirm that you have read the privacy policy. We record the version you accepted. Without acceptance you cannot use the map.
You must be at least 16 years old. If you are younger, you may only use the service with the permission of a parent or guardian, who accepts these terms on your behalf and is responsible for your use.
4. Guests and accounts
Guest: with "Paint as guest" we create an account with a random name (guest-…) without email or password. It is bound to the session cookie in your browser. If you delete your browser data, switch browsers or the session expires, you can lose access to the guest account. We cannot restore guest accounts. A guest can paint for 5 minutes; after that, create an account (everything the guest painted is kept) or keep watching. Guests are not shown on the leaderboard.
Account: you can create an account with a name and a password, or sign in with Google or Apple, or turn a guest into an account. Keep your password secret and do not share your account. You are responsible for activity on your account unless you are not at fault. Tell us without delay if you think someone else is using it.
Your artist name must follow the rules in section 7. It must not pretend to be another person, a brand or us. You may not create accounts to get around a ban, sell or transfer accounts, or create accounts automatically.
5. Safety in the real world
The paint exists only on the map. SprayAR never permits or encourages spraying real walls, streets, vehicles or other property. Doing so may be a criminal offence (e.g. damage to property).
Some features (such as acid paint) only work when your device is near the painted place. Do not let the map distract you. Always watch traffic, never enter roads, railway tracks, construction sites or private property for the game, and respect the rules of the place you are in. You use the service in public space at your own responsibility.
6. Your content and the licence you grant
"Your content" means everything you create or upload on the map: paint and strokes, artist name, character and its design, profile pictures, sketches and, where available, messages.
You may only publish content that you created yourself or for which you hold all necessary rights, and that does not infringe the rights of others (copyright, trademark, personality rights, right to one's own image).
You keep your rights. So that we can run the shared map, you grant us a non-exclusive, worldwide, royalty-free, transferable licence (sub-licensable only to service providers that operate the service for us) to store, reproduce, technically adapt (e.g. compress, scale, cut into tiles), make publicly available and display your content within SprayAR (street map, iOS app, sprayar.com), including on leaderboards and in live views, and to show it in screenshots and videos of the shared map that present SprayAR.
The map is a collaborative work. You agree that others can paint over, combine and alter your paint and that game mechanics change it (for example acid paint that washes away paint painted over it). Your name is not shown on every pixel.
The licence ends when your content is deleted. It continues for copies that are already part of backups (until they are overwritten in the normal cycle), for paint that has been merged with other users' paint, and for promotional material that was already published.
We are not obliged to store, show or preserve your content. Keep your own copies of anything important.
7. 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 sensitive 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;
- pretending to be someone else or to be us.
Prohibited conduct
- faking your location (GPS spoofing), bots, scripts, automated painting or mass account creation;
- exploiting bugs, bypassing limits or bans, attacking, overloading or scraping the service;
- deliberately destroying the work of others on a large scale (for example covering whole areas just to wipe them out);
- using the service to break the law or to endanger yourself or others.
8. Moderation and measures
We review content when it is reported, when we notice it ourselves, or when technical checks flag it. Automatic checks only cover technical limits (for example rate limits and plausibility checks of location fixes); decisions about content are made by a human.
If content or conduct breaks the law or these terms we can, depending on severity, repetition and fault:
- remove or hide content, or reset an artist name or character;
- disconnect you from the map (kick);
- block your account for 24 hours;
- block your account permanently;
- block your device permanently (via the device ID stored in your browser, see privacy policy) and block network addresses.
We act proportionately, take the legitimate interests of everyone involved into account and respect freedom of expression and artistic freedom. We can act without prior warning for clearly illegal content or serious breaches.
Statement of reasons: if we restrict your content or account, we tell you which content or conduct is affected, what we did, on which ground (law or which rule of these terms) and how you can object – on the map when you next connect and, if you gave us an email address, by email (Art. 17 Digital Services Act). For guest accounts we can only inform you on the map.
Objection: you can object to a decision within six months by writing to support@sprayar.com. A human who was not involved in the decision, where possible, reviews it and we reverse it if it was unjustified. Your right to go to court remains unaffected.
9. Reporting content (notice and action)
Anyone can report content they consider illegal or against these terms: email support@sprayar.com with
- where the content is (street and town, or a screenshot showing the place),
- why you think it is illegal or breaks these terms,
- your name and email address (not required for reports of child sexual abuse material),
- 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. Abusive reports can lead to us ignoring further reports from the same person.
Point of contact under the Digital Services Act (Art. 11 and 12 DSA) for users and authorities: support@sprayar.com; languages: German and English.
10. Ending your use
You can stop using the map at any time. You can delete your account yourself at any time: profile → "Delete account", confirm once. Paint you put on the map stays there as anonymous art without your name. You can also write to support@sprayar.com with your artist name; then we may ask you to prove that the account is yours. What happens to your data is described in the privacy policy.
We can end the use of an account for an important reason (in particular serious or repeated breaches) at any time, otherwise with two weeks' notice. We may also end the whole service; we will announce this on the map in good time.
11. Liability
The service 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 service 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 content created by other users, but we remove illegal content once we become aware of it.
12. Changes to these terms
We may change these terms when the service, the law or the moderation rules change. Each version has its own version identifier. When a new version applies, the map asks you to accept it before you continue; if you do not, you can no longer use the map, and you can ask us to delete your account. Previous versions are available on request.
13. 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.