Effective as of March 20, 2024
Please read carefully these Terms and Conditions of the services of the site “(https://www.ironbrushacademy.com/)” (“Site”), relating to the educational service of IronBrush Academy (“Academy”). By accessing the service and its pages, you agree to comply with all terms and conditions. Otherwise, do not access the site.
At IronBrush Academy (“IronBrush”, “we”, “us” or “our”) we are passionate about empowering artists to reach their fullest creative potential.
These Terms and Conditions of Use (“Terms”) constitute a legally binding agreement between you, the user (“User”), and ironbrushacademy.com, operating under the name IronBrush Academy. This agreement governs your access to and use of all IronBrush Academy services and platforms, including but not limited to the website (“Site”) located at https://www.ironbrushacademy.com, any associated subdomain, applications, live sessions, Instagram or Twitch, and external resources such as our Discord server, as well as any other form of communication we officially use, media, mobile website, YouTube channel or mobile application related, linked or officially connected to us.
Acceptance of the Terms
By accessing or using the Site or any of our Services, you confirm that you have read, understood and agreed to be bound by these Terms. If you do not accept these Terms in full, you must not use our website or any of our related services, whether mentioned earlier or later in these terms and conditions.
Your personal data
Your privacy is important to us. Your personal data is protected under our Global Privacy Policy (“Privacy Policy”), available at “https://www.ironbrushacademy.com/en/privacy-policy”. By using the Services, you accept the collection and use of your information in accordance with the Privacy Policy, which is incorporated by reference into these Terms.
Payments and Subscriptions
We provide access and subscriptions to group and private courses and mentorships, together with, in some cases, course materials.
Together, we refer to our products, services, courses, mentorships, subscriptions, materials and merchandise as “Our Products“ or “Our Services”. All purchasers of any of Our Products accept the following conditions for any payment transaction with Us (hereinafter, “Payment Terms“).
You warrant and represent that you are authorized to use any payment method you provide to us (such as PayPal accounts or credit cards, crypto, bank transfer, etc.) or any payment method used by the user who contracts the service with us.
You agree to indemnify us against any losses we may sustain as a result of any breach of this warranty.
It is worth noting that we use third-party providers to process payments for Our Products.
These providers are currently Mercado Pago, Ko-fi, Payhip and PayPal. Please also note that Mercado Pago, Ko-fi, Payhip, PayPal (and other third-party payment processing providers we may contract with in the future) may also process payments through third-party applications (such as Google Pay, Apple Pay, etc.).
These providers have their own terms and conditions of use, and privacy policies.
Visit https://www.paypal.com/, https://payhip.com/ and https://www.mercadopago.com/ to see the specific privacy policies and terms and conditions of these providers.
While we will try to assist the user within our means, whether with any difficulty you may have making your payment, we are not responsible for any loss or problem the user may have with these services inside or outside our website.
Our Privacy Policy and terms and conditions apply only to data over which we have control and that is part of our services, not third-party services, such as in this case “Mercado Pago, Ko-fi, “Payhip” and “Paypal””, or any third-party payment method we use now or in the future.
IronBrush may increase subscription fees for a subsequent subscription period or any of our prices at any time and for any reason, without any need to give notice to any user, person or visitor of the website. IronBrush may terminate the subscription, and any of its services, if it cannot renew the subscription due to inaccurate or outdated credit card information or any problem arising on the user’s side.
IronBrush reserves the right to terminate the service on any of its platforms for any user at any time and for any reason, without any need to give notice to any user, person or visitor of the website.
The specific details of each plan, including prices, features, conditions and payment methods, are clearly set out on our website at the time of contracting the service. These plans are subject to modification without the need to notify the service user.
“PRO” Mentorships
IronBrush Academy offers various mentorships / classes with a monthly subscription model.
Users can manage and cancel their subscriptions at any time. To cancel a subscription, they must access their account page on Mercado Pago, Ko-fi, Payhip or PayPal (depending on which service they chose for the subscription and the monthly payment of classes) and select the corresponding plan and click the cancellation option.
Cancellations will take effect at the end of the current billing period, with no refunds for the remaining time.
It is important to keep in mind that subscribing to a new plan does not automatically cancel previous plans. If you have an active subscription and decide to switch to another type of plan, you must manually cancel the previous subscription to avoid duplicate charges. For example, if you already subscribed to a “Fundamentals of Drawing” class and want to sign up for “Portfolio Development Mentorship”, you will need to pay both subscriptions monthly.
Subscription cancellations
Subscriptions may be managed and cancelled by the user at any time. To cancel a subscription, users must visit their subscription page on the platform they chose to pay for their subscription (Mercado Pago, Ko-fi, Payhip or PayPal), select the relevant subscription and choose the cancellation option using said platform. Cancellations take effect at the end of the current payment period, and no refunds are offered for the unused portions of the subscription period.
Alternatively, users may request cancellation of their monthly subscription by sending an email to contacto@ironbrush.art with at least two (2) business days’ notice before the date on which they want the cancellation to take effect. However, IronBrush Academy is not responsible for delays that may occur in processing cancellations, as this process is carried out by third-party payment platforms. We always advise users to cancel, whenever possible, directly through the payment platform chosen at the time of subscription. IronBrush Academy is not responsible for any delay that may arise in the cancellation, regardless of the method used.
Master Classes
At IronBrush Academy, in the mentorships section at (https://www.ironbrushacademy.com/en/mentorships) all mentorships in the category “Master Classes” are focused on encouraging the professional training of students; they run for 4 months. Their prices are clearly listed at the end of each mentorship.
It is important to clarify that these mentorships can be paid in 1, 2, or 4 installments. These payments are processed by an external platform called Payhip and once the payment has been made it cannot be cancelled by us.
Student Code of Conduct
At IronBrush Academy we value integrity and mutual respect.
Respectful participation: Students must interact with instructors, staff and classmates in a way that supports and improves the learning environment. Disruptive or hostile conduct that disturbs the peace, or incites other students or people to adopt similar conduct, on the servers or any communication medium used by IronBrush or its mentors, is prohibited. Any behavior considered disruptive or harassing is not permitted and may result in disciplinary action.
Academic integrity: We expect students to uphold the highest standards of honesty and respect.
Use of resources provided by instructors / mentors or officially by IronBrush: IronBrush Academy content must be used in accordance with our guidelines. Unauthorized distribution or alteration of any material provided by IronBrush is not permitted, and you, the user, are fully responsible for any damage or legal harm this may cause to IronBrush, affiliated mentors or any of its associates.
Community conduct: Communication within the community must be constructive. Any complaint, concern or question about our Services must be directed exclusively to contacto@ironbrush.art, as publicly discussing or debating on our servers (Discord Servers) or third-party services (any third-party service IronBrush Academy officially uses) about IronBrush Academy services is not permitted. We reserve the right to edit, modify or remove any content we deem unwanted or inappropriate, without notifying the user.
Encouraging conduct violations: Influencing others to engage in behavior that constitutes an abuse of these Student Code of Conduct Policies is prohibited.
Enforcement and reporting: Violations may be reported to contacto@ironbrush.art. Sanctions may be imposed according to the severity of the infraction, at IronBrush Academy’s discretion.
Prohibited conduct
To safeguard the community and the services, the following actions are expressly prohibited:
Introducing malicious elements such as viruses, or carrying out actions that interrupt the service or affect other users’ experience.
Downloading, capturing or retaining information and content without authorization.
Sharing access credentials or using other people’s credentials.
Altering, copying, disclosing or creating derivative works from the content provided by the academy or its students without authorization.
Removing or altering copyright or ownership notices of the content.
Improperly transferring content to third parties or using technologies to “frame” or “mirror” the content.
Attempting to violate or bypass security mechanisms or compromise the security of the site or our servers on third-party services.
Participating in activities that infringe copyright or other regulations.
Employing automated systems to extract data, particularly about users.
Using the site in a way that infringes intellectual property or privacy rights.
Misrepresenting your identity or providing false information.
Posting or sharing inappropriate, offensive or illegal content.
Participating in advertising, solicitation or other commercial activities without authorization.
Hosting or providing access to content from other commercial platforms within our servers.
Participating in conduct that infringes the rights or privacy of others, including staff and users.
Uploading malicious files or scripts.
Using the site for unauthorized or illegal purposes.
Employing devices or processes to manipulate data for unauthorized use.
Hacking or interfering with the site, servers or associated networks.
Using the site for commercial purposes without permission.
Deceiving other users or misrepresenting information.
Creating multiple accounts after suspension or termination, or registering under false pretenses.
Registering with disposable contact information to evade responsibility.
IronBrush Academy reserves the right to monitor the site or its applications or third-party servers to prevent this Prohibited Conduct. If a user’s activity suggests a violation, we may revoke or deny access to any of our services without any notice.
Expressions of Users, Students or Mentors
All comments and expressions by users, students or mentors published on our website, third-party services, tools, or any communication medium we use to connect with users, shall be the sole responsibility of their authors, releasing IronBrush Academy from all liability.
External platforms, public areas and our external servers.
Our site features links to third-party interactive spaces (collectively, the “Public Areas“) such as Twitch, Instagram, Artstation, X, and our Discord servers (an external platform that is not owned or controlled by IronBrush Academy), where users can interact and communicate. When using these Public Areas and our Discord server, do so responsibly, sharing content that is relevant and appropriate to each forum or shared space. Be careful and avoid sharing personal or sensitive contact information in the Public Areas to safeguard your privacy and the integrity of the site.
Any content you create or share with us in connection with the use of the Services, including posts in the Public Areas and our Discord server, is considered “User-Generated Content“. You are solely responsible for your User-Generated Content. IronBrush Academy facilitates its distribution and online publication without endorsement or warranties, and we are not responsible for such content. We may not constantly monitor User-Generated Content, but we reserve the right to moderate, limit or remove any content we deem unnecessary or inappropriate.
By contributing User-Generated Content or uploading your images, designs, studies or ideas, on any of our platforms or third-party services we use, such as our public and private Discord servers, you grant IronBrush Academy a non-exclusive, royalty-free, perpetual license to use this content for promotional purposes. You acknowledge that you have no recourse against IronBrush Academy for any alleged or actual infringement of intellectual property, privacy, advertising, moral rights or attribution.
You represent that your User-Generated Content does not infringe any law or third-party rights and does not expose IronBrush Academy to legal liability or endanger our Services or relationships with partners, providers or third-party services. You, the user, are fully responsible for any damage or harm this may cause to IronBrush.
The site and our Discord servers facilitate the sharing of your artwork and participation in the exchange of comments (“Comments“), voice messages (via VOIP) and shared or private calls via Discord, referring to all of this as “Comments”. Comments are the individual opinions of the users and people who use said service and are not endorsed by or the responsibility of IronBrush Academy. We do not constantly moderate Comments and we are not responsible for any dispute arising from them. Users are expected to provide honest, objective and constructive Comments, following the student code of conduct.
System failures
IronBrush Academy does not guarantee the absence of eventual technical difficulties, system failures or internet failures.
IronBrush Academy does not guarantee continuous access to and use of the Website. The system may be unavailable due to technical problems, internet interruptions or any other circumstance beyond IronBrush Academy’s control.
When you access our Site, you do so at your own risk. The Site is provided “as is” and “as available”, with no warranties beyond those specified in this agreement. We expressly disclaim all warranties, including, among others, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not guarantee that the Site will be uninterrupted, secure or error-free, or that defects will be corrected.
Indemnification
You hereby agree to indemnify, defend and hold harmless IronBrush Academy, its Affiliates and mentors from any and all Liability arising out of or related to (i) your use or inability to use, or your participation in, IronBrush’s Site; (ii) your breach or violation of this Agreement; (iii) your violation of any law, or the rights of any User or third party; (iv) your breach of your representations and warranties; and (v) any content submitted by you or using your account in connection with any means of communication with us, including but not limited to the extent that such content may infringe a third party’s intellectual property rights or otherwise be illegal or unlawful. IronBrush Academy reserves the right, in its sole and absolute discretion, to assume the exclusive defense and control at its own cost of any matter otherwise subject to your indemnification. You will not, in any case, settle any claim or matter without the prior written consent of IronBrush Academy.
Disclaimer Clause
You acknowledge and agree that IronBrush Academy is only willing to provide the Services if you accept certain limitations of our liability towards you and third parties. Therefore, you agree to release IronBrush Academy, its Mentors, Affiliates and corporate partners from any claim, demand, damage, expense, loss, governmental obligation, controversy of any kind and nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, direct, indirect, incidental, actual, consequential, economic, special or exemplary, including attorneys’ fees and costs (collectively, “Liabilities“) that have arisen or may arise, related to your use or inability to use the Site or the Services, including without limitation any Liability arising in connection with the conduct, act or omission of any User, any dispute with any User, any instruction, advice, act or service provided by IronBrush Academy and its Affiliates, whether online or offline, and any destruction of your User-Generated Content.
TO THE MAXIMUM EXTENT PERMITTED BY ARGENTINE LEGISLATION, YOU RELEASE IRONBRUSH ACADEMY AND ITS AFFILIATES FROM ALL LIABILITY, CLAIM, DEMAND OR DAMAGE OF ANY KIND AND NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR RELATED IN ANY WAY TO THE SITE OR THE SERVICES OF IRONBRUSH ACADEMY. TO THE EXTENT APPLICABLE, YOU WAIVE THE BENEFITS OF ARTICLE 1199 OF THE CIVIL AND COMMERCIAL CODE OF THE NATION, WHICH STATES: “LA RENUNCIA DE DERECHOS SÓLO PODRÁ INTERPRETARSE CON UN ALCANCE LIMITADO A LO QUE REPRESENTE UNA VENTAJA CIERTA, EFECTIVA Y APRECIABLE, PARA EL DEUDOR DE LA OBLIGACIÓN RESUELTA.”
If you do not reside in Argentina, you waive your rights under any statute, regulation or common law principle similar to Article 1199 that governs your rights in the jurisdiction of your residence.
IronBrush Academy and its Affiliates cannot guarantee and do not guarantee that any personal information provided by you will not be embezzled, intercepted, deleted, destroyed or misused by third parties.
Applicable law and Jurisdiction
These Terms and conditions of use of the Service have been drafted and shall be interpreted in accordance with the laws of the Argentine Republic. You agree that any dispute, conflict or divergence arising from the use of the Website, or any of our third-party platforms or services and the Terms of Use, shall be submitted to the jurisdiction of the Ordinary National Courts seated in the Autonomous City of Buenos Aires, to the exclusion of any other forum or jurisdiction that may apply.
Changes to the Terms
We reserve the right to modify, improve, withdraw or discontinue the Services, Terms and conditions and Privacy Policies, or any part of them, at our discretion, without prior notice and at any time, and we are not responsible for such changes. It is recommended to review these Terms periodically. If the changes to these Terms are not acceptable to you, or cause you to breach them, you must cancel your account and stop using all our Services and servers immediately. Your continued use after any update of these Terms and conditions constitutes your acceptance of those changes.