Terms of use

Last updated August 26, 2025.

General information

These Terms of Use ("Terms") govern your use of:

• Artist ("I", "my", "me")

• Smelli Rosa ("artist", "brand", "small business")

• Smelli Rosa LLC ("small business", doing business as "Smelli Rosa")

• Small Business ("we", "us", "our")

• Client, buyer, customer, user ("you", "your")

• Spaces ("artworks", "creative works", "works", "murals", "projects", "events")

• Events ("exhibits", "galleries", "immersive experiences", "interactive experiences", "virtual reality (VR)", "augmented reality (AR)", "showcases", "shows", "card shows")

• Website located at https://www.smellirosa.com/ (the "Site" and/or "Website")

• Web content ("web pages")

• Documents ("electronic documents", "physical documents")

• Applications ("apps")

• Related services

When you (the “client”, “buyer”, “customer”, “user”) use our artist, brand, small business, spaces, website www.smellirosa.com, web content, documents, applications, and/or related services, you agree to these Terms of Use, which include our Accessibility Statement, Belonging Policy, Privacy Policy, Legal Disclaimer, and/or Legal Settlement Process.

IF YOU DO NOT AGREE WITH AND/OR UNDERSTAND THESE TERMS OF USE, YOU AGREE TO NOT CONTINUE USING OUR ARTIST, BRAND, SMALL BUSINESS, SPACES, WEBSITE WWW.SMELLIROSA.COM, WEB CONTENT, DOCUMENTS, APPLICATIONS, AND/OR RELATED SERVICES.

We reserve the right to review, change, modify, delete portions and/or amend any of these Terms of Use at any time.

It is your responsibility to check and/or understand these Terms of Use for any changes made. Continued use of our artist, brand, small business, spaces, website www.smellirosa.com, web content, documents, applications, and/or related services after any changes signifies acceptance of the updated Terms of Use.

As long as you comply with these Terms of Use, Smelli Rosa LLC grants you a personal, non-exclusive, non-transferrable, limited access to use our artist, brand, small business, spaces, website www.smellirosa.com, web content, documents, applications, and/or related services.

If you experience dissatisfaction with our artist, brand, small business, spaces, website www.smellirosa.com, web content, documents, applications, and/or related services, you agree to the sole remedy to stop using our our artist, brand, small business, spaces, website www.smellirosa.com, web content, documents, applications, and/or related services.

License to use spaces

All licenses granted by us are the ownership of our artist, brand, small business, spaces, website www.smellirosa.com, web content, documents, applications, and/or related services. All trademark and/or copyright ownership remains with Smelli Rosa LLC.

We offer the following licenses:

1. Personal use license: Personal use only, non-exclusive, non-transferrable, limited access

2. Bronze license: Non-exclusive, non-transferrable, revocable, royalty-bearing, non-sublicensable, term license

3. Silver license: Exclusive, non-transferrable, revocable, royalty-bearing, non-sublicensable, term license

4. Gold license: Exclusive, transferrable, revocable, paid-up, sublicensable license, perpetual license. Only available to clients that have purchased our Bronze and/or Silver licenses in the past. There is a long waitlist application process for a Gold license. We grant a very limited number of these licenses.

If we have not signed a Licensing Agreement with a client, we grant the client a Personal use license by default.

How to use licenses

We grant you a license to use our artist our artist, brand, small business, spaces, website www.smellirosa.com, web content, documents, applications, and/or related services under the following conditions for all licenses:

1. Committed to creating uplifting spaces sometimes

2. Align with our business values through actions

3. To encourage intentional and/or unintentional positive feelings without harm and/or force, such as but not limited to joy, calmness, serenity, peace, love, enthusiasm, contentedness, feeling of “being enough”, gentleness, care, bravery, courage, strength, comfort, refreshment gratitude, optimism, amusement, healing, community building, pleasure, delightfulness, renewed, creative, motivated, inspired, liberated, openness, goodness

For personal use only licenses:

1. Personal use: Use for personal, non-commercial use

2. Non-commercial use: Share in non-commercial settings, such as but not limited to personal social media posts, personal phone wallpapers, personal blogs, and/or personal websites with proper credit to the artist by including the attribution: "Smelli Rosa at www.smellirosa.com"

Any use of our artist, brand, small business, spaces, website www.smellirosa.com, web content, documents, applications, and/or related services outside of these Terms of Use for personal use licenses requires explicit written permission in a Licensing Agreement with the copyright holder(s) and/or owner(s).

Prohibited uses

You agree not to use, copy, modify, distribute, and/or publicly display our artist, brand, small business, spaces, website www.smellirosa.com, web content, documents, applications, and/or related services in the following manners:

1. Violates any laws and/or regulations in the state of Arizona, including but not limited to:

• • • Terrorism, hate speech, and/or racism

    • Physical violence, emotional violence, verbal violence, mental violence, spiritual violence, and/or domestic violence

    • Self harm, such as but not limited to cutting

    • Smoking cigarettes, chewing tobacco, drinking alcohol, drugs, such as but not limited to marijuana, heroin, cocaine, ecstasy, “shrooms”, opioid abuse and/or any other harmful addictive drugs

    • Sexual and/or sensual adult activities

    • Child exploitation and/or pornography of any type

    • Human trafficking

    • Profanity, slurs, swear words, and/or curse words

    • Animal abuse and/or harm

    • Harmful land destruction

    • Activities and/or jokes that could cause harm to individuals and/or groups based on race, gender, religion, sexual orientation, pregnancy status, age, veteran status, disability, and/or any other protected status

    • Engages in any form of fraud or deceptive advertising and/or that could be misleading, harmful, and/or offensive to others

    • Repurposes and/or modifies our artist, brand, small business, spaces, website www.smellirosa.com, web content, documents, applications, and/or related services in a manner that misrepresents and/or distorts the original intent without explicit written permission

2. Use of our artist, brand, small business, spaces, website www.smellirosa.com, web content, documents, applications, and/or related services through third party artificial intelligence (AI) models, such as but not limited to AI-generated materials like images, photos, videos, audio, music, chatbots, machine learning, data training, and/or others not listed without explicit written permission.

3. Use of our artist, brand, small business, spaces, website www.smellirosa.com, web content, documents, applications, and/or related services without applying accessibility best practices wherever possible such as but not limited to (the following accessibility practices are uses that we allow):

   1. • Positive and realistic representation of people in all protected classes

      • Hiring professionals with lived experiences of protected classes

      • Wheelchair ramps and elevators for physical spaces

      • Sensory friendly, quiet rooms for physical spaces

      • Providing free single-use, noise-cancelling ear plugs and/or headphones for audience members

      • Providing free face masks for audience members

      • Providing warning signs of nuts and/or common allergies if food available in physical spaces

      • Providing free purified water for audience members

      • Providing free electricity charging stations for personal, medical and/or assistive technologies for audience members

      • Providing 15 minute breaks for every 30-60 minutes passed

      • No flashing lights

      • Avoid bright fluorescent lighting

      • Alternative text use for any images

      • High color contrast between text and background

      • Access with assistive technologies such as screen readers

      • Keyboard navigation without keyboard traps

      • Meaningful, descriptive links

      • Pause button for motion graphics and/or videos

      • Avoid unstable motion graphics and/or videos

      • Accurate live and/or regular closed captions in two languages at a minimum

      • American sign language interpretation

      • Accessible documents, such as PDFs, Word documents, PowerPoints

      • Braille and raised text options for physical documents

      • Any other best practices not listed, such as applying Web Content Accessibility Guidelines (WCAG) 2.2 level AA if possible

4. Use of our artist, brand, small business, spaces, website www.smellirosa.com, web content, documents, applications, and/or related services in a way that negatively diminishes the reputation and/or monetary value.

5. Use of our artist, brand, small business, spaces, website www.smellirosa.com, web content, documents, applications, and/or related services for advertising, promotional and/or commercial purposes without obtaining a proper license.

Indemnification

You agree to indemnify, defend, and/or hold harmless our artist, brand, small business, spaces, website www.smellirosa.com, web content, documents, applications, and/or related services, its officers, owners, employees, our third party service providers, agents, partners, and/or affiliates harmless from any claims, damages, losses, and/or expenses, attorney fees, and/or legal liabilities that may arise from the use of our artist, brand, small business, spaces, website www.smellirosa.com, web content, documents, applications, and/or related services arising from any violation and/or misuse of the Terms of Use.

Right to terminate

If there is a breach of any of these Terms of Use, we will give a written notice with specific issue details on why you have breached our Terms of Use for our artist, brand, small business, spaces, website www.smellirosa.com, web content, documents, applications, and/or related services.

You will have a 30-day grace period to fix the issue related to breach of our Terms of Use. After the 30 days, if the issue isn’t fixed by you, we will suspend your use of our artist, brand, small business, spaces, website www.smellirosa.com, web content, documents, applications, and/or related services. We understand mistakes can happen sometimes. We will not hold this against you if it’s an honest mistake. 

If the breach of any of These Terms of Use becomes a pattern, then you are harming us. Moving forward, we will terminate your use of our artist, brand, small business, spaces, website www.smellirosa.com, web content, documents, applications, and/or related services forever permanently. This is irreversible.

Jurisdiction and governing law

Our artist, brand, small business, spaces, website www.smellirosa.com, web content, documents, applications, and/or related services are governed by in accordance with the provisional laws of the state of Arizona. Any disputes will be subject to the exclusive jurisdiction of the in Maricopa County, Phoenix, Arizona, United States.

By using artist, brand, small business, spaces, website www.smellirosa.com, web content, documents, applications, and/or related services, you consent to the jurisdiction and/or venue of Arizona state Maricopa county court in the city of Phoenix for any legal action related to your use of our artist, brand, small business, spaces, website www.smellirosa.com, web content, documents, applications, and/or related services.

Intellectual property

The intellectual property of our artist, brand, small business, spaces, website www.smellirosa.com, web content, documents, applications, and/or related services are copyrighted, and/or licensed by Smelli Rosa LLC. You agree to download our artist, brand, small business, spaces, website www.smellirosa.com, web content, documents, applications, and/or related services to view, use, and/or display for personal use only by default.

All complete and/or incomplete physical and/or digital spaces created by our artist, brand, small business, spaces, website www.smellirosa.com, web content, documents, applications, and/or related services remain the intellectual property of Smelli Rosa LLC. You agree to not claim ownership of the artist, brand, small business, spaces, website www.smellirosa.com, web content, documents, applications, and/or related services, and/or its associated trademarks and/or copyrights. If you wish to purchase full ownership and/or exclusive rights, please contact us for more information on additional licensing options.

You agree to not use the artist, brand, small business, spaces, website www.smellirosa.com, web content, documents, applications, and/or related services for commercial and/or promotional use, such as but not limited to videos, social media posts, marketing, advertisements (“ads”), clothing apparel, and/or any other use not listed without explicit written permission.

If you are interested in using our artist, brand, small business, spaces, website www.smellirosa.com, web content, documents, applications, and/or related services for commercial and/or promotional use, please email us.

This constitutes the grant of a license, not a transfer of title. If any of these Terms of Use are violated, the license may be automatically terminated at any time with written notice.

If our artist, brand, small business, spaces, website www.smellirosa.com, web content, documents, applications, and/or related services have been used in a way that violates our Terms of Use, you may receive Terms of Use Violation takedown written notice to promptly address the violation.

DMCA notice

If our artist, brand, small business, spaces, website www.smellirosa.com, web content, documents, applications, and/or related services have been used in a way that violates copyright, you agree to receive a Digital Millennium Copyright Act (DMCA) takedown written notice to promptly address any violations of copyright.

Refunds policy

You have a 30-day grace period to request a full refund of the Initial Fee after making a successful payment. After 30 days, we do not give Initial Fee refunds. If we give you a refund, all the related documents and client relationship become null and void.

At the end of projects, you have the option to pay the Final Fee or not. The Final Fee payment fee is non-refundable. If you make a payment credit card, debit card, and/or any digital wallet, you agree to not perform any chargeback dispute actions with your financial provider.

At this time, we do not accept checks, cash, and/or money orders. However, we are interested in learning how! Email us to figure it out together!

We want to work with you to make the best refund decision for both of us! Email us to find a solution that works for both of us. We try to center both the client and the small business in these solutions for the best outcomes. If there’s something that we did that made you angry or upset, we get it. It might help to take a break and then email us in a few days. Rest assured, we have your back. Come back when things feel easier so we can understand you better.