Artifact AI Terms & Conditions


Last updated: 21/08/2024


Welcome to Artifact AI


Please read these terms and conditions carefully before using Our Service. These terms and conditions outline the rules and regulations for the use of Artifact AI's Website, Products, Services, and Applications (collectively referred to as the “Services”).

Interpretation and Definitions

Interpretation

The words with initial capital letters have specific meanings defined under the following conditions. These definitions will have the same meaning regardless of whether they appear in singular or in plural.

Definitions

  • Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for election of directors or other managing authority.

  • Country refers to: United Kingdom

  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Artifact AI Ltd, Company number 15744501

  • Device means any device that can access the Service such as a computer, a cellphone, or a digital tablet.

  • Service refers to the Website and any associated services provided by Artifact AI.

  • Terms and Conditions (also referred to as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Service. By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service.

PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

1. Links to Third-Party Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.

2. Termination

We are also free to terminate (or suspend access to) your use of the Services or your account for any reason in our discretion, including your breach of these Terms. We have the sole right to decide whether You are in violation of any of the restrictions set forth in these Terms. Upon termination, your right to use the Service will cease immediately. If you wish to terminate your account, you may simply discontinue using the Service.

3. Service Restrictions

You may only use the Services for business purposes. You must not perform or attempt any of the following, and must not enable or allow any third party to:

  • Duplicate, decompile, reverse engineer, disassemble, or decode the Service (including any underlying idea or algorithm).

  • Use or access the Service in any manner that could disable, overburden, damage, disrupt, or impair the Service or interfere with any other party's access to or use of the Service or use any device, software, or routine that causes the same.

  • Use or access the Service to build a similar or competitive product or service.

  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt the Service or the computer systems or networks connected to the Services.

  • Circumvent, remove, alter, deactivate, degrade, or thwart any technological measure or content protections of the Service.

  • Use any robot, spider, crawlers, or other automatic device, process, software, or queries that intercepts, mines, scrapes, or otherwise accesses the Service to monitor, extract, copy, or collect information or data from or through the Service, or engage in any manual process to do the same.

  • Introduce any viruses, trojan horses, worms, logic bombs, or other materials that are malicious or technologically harmful.

  • Use the Service for illegal, fraudulent, harassing, unethical, harmful, or disruptive purposes.

  • Violate any applicable law or regulation in connection with your access to or use of the Service.

  • Use or access another user’s account without permission.

4. Fees and Payment

4.1 Trials. Artifact AI may, in its sole discretion, offer trials or other promotional offers for certain features of the Platform. The trial will be for the period specified in the Order Form (“Trial Period”). Upon expiration of the Trial Period, a paid subscription will automatically begin per the terms of the applicable Order Form.

4.2 Platform Fees. Certain features of the Platform require payment of fees. Licensee will pay to Artifact AI the fees set forth in the Order Form in accordance with the payment schedule set forth therein (“Fees”). All Fees are non-refundable.

4.3 Payment Terms. The Fees will be paid via the payment method indicated in the Order Form. All payments must be made in pounds sterling (£). Artifact AI may suspend or terminate access to the Platform for any account for which any amount is due but unpaid. Any amounts not paid when due will accrue interest at one and one-half percent (1½ %) per month or the maximum rate permitted by applicable law; whichever is less, from the due date until paid. If Licensee pays any Fees with a credit card, Artifact AI may seek pre-authorization of Licensee’s credit card account prior to Licensee’s purchase to verify that the credit card is valid and has the necessary funds or credit available to cover Licensee’s purchase. Licensee is responsible for updating the payment information should the required payment method change.

4.4 Online Subscription. If Licensee purchases a subscription through the Platform (as opposed to a written Order Form between the parties) (“Subscription Service”), Licensee will be automatically billed recurring periodic charges per the terms of the Order Form. The Subscription Service will continue unless and until Licensee or Artifact AI cancels per the terms of this Agreement. Licensee must cancel the subscription before it renews in order to avoid charging of the next periodic Fees. Licensee may cancel the Subscription Service by emailing Artifact AI at [support@artifactai.com]. Termination will not affect amounts due and payable at the time of termination, including amounts owed in arrears. LICENSEE’S CANCELLATION MUST BE RECEIVED BEFORE THE RENEWAL DATE IN ORDER TO AVOID CHARGE FOR THE NEXT SUBSCRIPTION PERIOD. Artifact AI may change the fees for any feature of the Subscription Service, including additional fees or charges, if Artifact AI gives the Licensee advance notice of changes before they apply (i.e., in future or renewal terms).

4.5 Taxes. The Fees exclude, and Licensee will make all payments of the Fees to Artifact AI free and clear of, all applicable sales, use, and other taxes and all applicable export and import fees, customs duties, and similar charges. Licensee will be responsible for, and will indemnify and hold harmless Artifact AI from, payment of all such taxes (other than taxes based on Artifact AI’s net income), fees, duties, and charges, and any related penalties and interest, arising from the payment of the Fees or the delivery or license of the Platform to Licensee.

5. Limitation of Liability

To the maximum extent permitted by applicable law, the Company and its suppliers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the Service; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the Service; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Service by any third party; (v) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or (vi) the defamatory, offensive, or illegal conduct of any third party.

IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST DATA, LOST PROFITS AND COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING FROM OR RELATING TO THE AGREEMENT HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE), EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EACH PARTY’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THE AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, WILL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID TO ARTIFACT AI UNDER THE ORDER FORM DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENTS GIVING RISE TO SUCH LIABILITY.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In these jurisdictions, each party's liability will be limited to the greatest extent permitted by law.

6. Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice.

Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error free or that any errors or defects can or will be corrected. Without limiting the foregoing, neither the Company nor any of the Company's providers makes any representation or warranty of any kind that the Service will operate uninterrupted or error-free.

7. Confidentiality & Data

7.1 Confidential Information. Each party (the “Disclosing Party”) may from time to time disclose to the other party (the “Receiving Party”) certain information regarding the business of the Disclosing Party and its suppliers, including technical, marketing, financial, employee, planning, and other confidential or proprietary information (“Confidential Information”). Any information that the Receiving Party knew or should have known, under the circumstances, was considered confidential or proprietary by the Disclosing Party will be considered Confidential Information of the Disclosing Party. The Artifact AI IP, including without limitation any routines, subroutines, directories, tools, programs, or any other technology included therein, shall be considered Artifact AI’s Confidential Information.

7.2 Protection of Confidential Information. The Receiving Party will not use any Confidential Information of the Disclosing Party for any purpose not expressly permitted by the Agreement, and will disclose the Confidential Information of the Disclosing Party only to the employees or contractors of the Receiving Party who have a need to know such Confidential Information for purposes of the Agreement and who are under a duty of confidentiality no less restrictive than the Receiving Party’s duty hereunder. The Receiving Party will protect the Disclosing Party’s Confidential Information from unauthorized use, access, or disclosure in the same manner as the Receiving Party protects its own confidential or proprietary information of a similar nature and with no less than reasonable care.

8. Governing Law

These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions. Your use of the Service may also be subject to other local, state, national, or international laws.

9. Notice and Communication

All notices, consents, and approvals under the Agreement must be delivered in writing by courier, by electronic facsimile (fax), electronic mail, or by certified or registered mail, (postage prepaid and return receipt requested) to Artifact AI at the address set forth in this Agreement or to You at the address set forth in any written Order Form or as provided by You during the purchase process on the Platform, and will be effective upon receipt or three (3) business days after being deposited in the mail as required above, whichever occurs sooner. Either party may change its address by giving notice of the new address to the other party.

10. Miscellaneous

  • 10.1 Entire Agreement. These Terms constitute the entire agreement between You and the Company regarding your use of the Service, superseding any prior agreements between You and the Company.

  • 10.2 Amendments. The Company reserves the right to modify these Terms at any time. We will provide notice of any material changes. Your continued use of the Service after such modifications will constitute acknowledgment of the modified Terms.

  • 10.3 Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.

  • 10.4 Waiver. The failure of the Company to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

  • 10.5 Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without the Company's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. The Company may assign or transfer these Terms, at its sole discretion, without restriction.

11. Contact Information

If you have any questions about these Terms, please contact us at:

support@artifactai.uk