1- ACCEPTANCE OF TERMS

 

The following Terms of Service outline the rules and regulations that apply when you access or use the Artec.ai platform, whether for personal or business purposes. By engaging with the Artec.ai website, related mobile applications, or any affiliated digital mediums (all referred to as the “Platform”), you confirm that you've gone through, comprehended, and consented to these terms. should you disagree with any part of these terms, please refrain from using the platform immediately.

 

Any additional guidelines or terms that might be introduced on the Platform will become an integral part of this agreement. Periodically, we might update these terms, and while we strive to notify our users, it remains your responsibility to review these Terms of Service regularly. Your continued interaction with the Platform post any updates signifies your acceptance of these revised terms.

 

The content and services of Artec.ai aren't tailored for regions where they might contravene local laws or regulations. If you choose to access our Platform from such regions, you do so at your own discretion, bearing all legal responsibilities.

 

Artec.ai doesn’t adhere to specific industry-related compliance standards like HIPAA or FISMA. If your communications are bound by such regulations, the Platform isn't suitable for your use. Furthermore, actions that infringe upon the Gramm-Leach-Bliley Act (GLBA) are prohibited on our Platform.

 

Access to and use of Artec.ai is designed for individuals who are 18 years or older. If you're below this age threshold, please abstain from accessing or registering on our Platform

 

2- INTELLECTUAL PROPERTY

 

The Platform and its elements, including code, designs, media, and trademarks (“Content”), belong to Artec.ai, protected by Canadian and international IP laws. All Content is available “AS IS” for informational and personal use. Reproducing, selling, or exploiting any part of the Platform or Content for commercial use requires our written consent.

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Subscribers own AI-created images from our tool. We aren’t liable for third-party claims on these images. While you own the image, by using the tool, you allow us to use your content to enhance our services. Commercial use of your content requires your written approval.

 

Non-subscribers, however, see AI-generated images as our property. Using the Platform, Content, or trademarks for commercial purposes is prohibited without our written permission. Still, non-subscribers can generate images for personal use. All other rights remain reserved.

 

Eligible users can access the Platform and download or print Content sections for personal use only. All other rights to the Platform and Content are retained by us

 

3- USER ASSURANCES

 

When engaging with the Platform, you affirm that: (1) your provided details are correct and up-to-date; (2) you'll keep your registration data accurate; (3) you can legally agree to these terms; (4) you are an adult in your residence jurisdiction; (5) your access to Artec.ai isn't through automated methods like bots; (6) you won't misuse Artec.ai for illegal activities; and (7) your actions on the Platform adhere to all relevant laws.

 

Should any of your details be false or outdated, we reserve the right to halt or close your account and may limit your access to Artec.ai.

 

4- ACCOUNT SETUP

 

Registration might be necessary for Artec.ai. Keep your password secret, as you're accountable for all activities linked to your account. We can alter or revoke usernames deemed unsuitable or offensive at our discretion.

 

5- RESTRICTIONS ON USE

 

Access to Artec.ai is for its intended purposes only. Any commercial activities, unless explicitly approved by us, are not allowed.

 

Users must refrain from:

 

• Compiling data or content without our written consent.

• Deceiving or trying to extract other users' sensitive details.

• Bypassing or meddling with the Site's security features.

• Misrepresenting our brand or the Site.

• Misusing users' information from the Site.

• Falsely using our support or reporting inaccuracies.

• Breaching any laws when using the Site.

• Uploading malicious content or causing disruption in Site usage.

• Automated data extraction or spamming.

• Removing proprietary rights or copyright notices.

• Posing as another user or using their credentials.

• Deploying hidden data collection tools.

• Overburdening or causing interference with the Site.

• Threatening or intimidating our staff.

• Trying to gain unauthorized access to any part of the Site.

• Replicating or tampering with the Site's code.

• Deploying unauthorized scripts or systems.

• Using agents for purchases on the Site.

• Unauthorized commercial use of the Site or its content.

• Promoting or selling goods on the Site.

• Transferring or selling your user profile.

 

6- USER CONTENT

 

The Site allows you to engage in discussions, share posts, and submit various forms of content, referred to as "Contributions". These can be accessed by other users and might appear on external sites. Your shared content is public, and not deemed confidential. By submitting Contributions, you affirm:

 

• No third-party proprietary rights, including copyrights or trademarks, are violated by your Contributions.

• You possess all necessary permissions, rights, and consents to share the Contributions.

• Any identifiable person in your Contributions has given permission for their likeness or name to be used.

• Your Contributions are truthful and not misleading.

• Your Contributions aren't promotional spam or part of schemes like chain letters.

• Your Contributions avoid inappropriate content, as judged by us, including obscenity or slander.

• Your Contributions are respectful and don't mock or threaten others.

• You abide by laws, avoiding harassment, promoting violence, or targeting specific individuals.

• Your Contributions follow all legal guidelines, without breaching any third party's privacy.

• Content respecting minors is in line with relevant laws safeguarding them.

• Your Contributions steer clear of discriminatory remarks related to race, gender, origin, or disabilities.

• Your Contributions adhere to these Terms and other applicable regulations.

• Breaching these terms can lead to the revocation of your Site usage rights.

 

7- CONTRIBUTION LICENSE

 

When you submit Contributions to the Site, you give us a wide-ranging license to use them. Specifically, you:

 

• Automatically give us a perpetual, global, non-exclusive, transferable, royalty-free license to utilize your Contributions. This includes actions like copying, displaying, selling, adapting, and incorporating them into other content.

• Confirm you have the authority to grant this license, ensuring the content doesn't infringe on others' rights.

• Allow us to use any trademarks, images, names, or logos you provide.

• Forgo any moral rights in your Contributions, ensuring no such rights have been claimed elsewhere.

• Although we receive a license to your Contributions, you keep ownership. This means you maintain any intellectual property rights tied to them. We won't be responsible for what's in your Contributions; that responsibility rests with you. Please ensure that your content doesn't lead to any legal disputes involving us.

 

We also reserve the right to:

 

• Modify your Contributions if needed.

• Move your Contributions to a more suitable part of the Site.

• Review, hold back, or remove Contributions for any reason, without notifying you. Monitoring your content isn't our responsibility, but we can if we decide to.

 

8- SUBMISSIONS

 

When you provide us with suggestions, feedback, or any other input about the Site (referred to as "Submissions"), you agree to the following:

 

• These Submissions don't have any confidentiality attached to them. They become wholly owned by us.

• We gain all rights, including intellectual property rights, to these Submissions. This means we can use them in any way we see fit, whether it's for profit or other purposes, without having to give you credit or any form of compensation.

• Any moral rights you might have in the Submissions are waived. This ensures you don't later claim some subjective, non-economic rights over how we use them.

• You confirm that the Submissions are either original creations of yours or you have the authority to share them. This means they shouldn't infringe on anyone else's rights.

• Lastly, you acknowledge that you won't hold us accountable if there's any claim that our use of your Submissions infringes on someone's right.

 

9- THIRD-PARTY WEBSITE AND CONTENT

 

The Site might have links or direct you to other websites ("Third-Party Websites") and might include content from third parties such as articles, photos, text, graphics, and more ("Third-Party Content"). We don't verify, monitor, or guarantee the correctness or completeness of Third-Party Websites and Third-Party Content. We aren't responsible for Third-Party Websites or Third-Party Content you might come across via our Site. This includes their content, reliability, or any harm they might cause. Just because a Third-Party Website or Third-Party Content appears on our Site doesn't mean we endorse or approve it. If you choose to access or use any Third-Party Websites or Third-Party Content, it's at your own risk. Our Terms of Use won't apply there. Always check the terms, privacy policies, and other rules of websites you visit, especially if they're not our Site. We're not involved in purchases you make through Third-Party Websites. Any buying decisions or issues between you and third parties aren't our responsibility. We don't vouch for the products or services of Third-Party Websites. Any harm or loss from your dealings with them isn't on us. If there's any issue or harm from Third-Party Content or Third-Party Websites, you can't hold us accountable.

 

10. SITE MANAGEMENT

 

We reserve the right, though not the obligation, to monitor the Site for any violations of these Terms of Use. If necessary, we may take legal action against anyone who breaches these terms or any applicable laws, which might even involve reporting them to the relevant law enforcement authorities. At our discretion, we can refuse, restrict, or limit the availability of any of your Contributions. We also have the right to remove or disable any files or content from the Site that we believe are too large or could be a burden on our systems. Our main goal is to manage the Site in a way that protects our rights and property and ensures the Site functions properly.

 

11. PRIVACY POLICY

 

Your data privacy and security are crucial to us. By using the Site, you agree to our Privacy Policy, which you can find on the Site. This policy is an integral part of these Terms of Use.

 

12. COPYRIGHT INFRINGEMENTS

 

We respect and uphold the intellectual property rights of others. If you think that any material on the Site infringes on a copyright that you own or have control over, please contact us immediately with the details (referred to as a “Notification”). The person responsible for the potentially infringing material will receive a copy of your Notification. Please note, there might be legal consequences for making false claims in a Notification. If you're uncertain about whether the material on the Site truly infringes on your copyright, it might be wise to consult with an attorney before reaching out to us

 

13. TERM AND TERMINATION

 

These Terms of Use are effective for as long as you use the Site. We maintain the right, at our discretion, to deny access to the Site without any notice. This could be for any reason, including if you breach any aspect of these Terms of Use or any related law or regulation. If we decide, we can terminate your usage of the Site, and delete your account, and any content or information you have posted, without providing any warning.

 

Should your account be terminated or suspended by us for any reason, you are forbidden from creating a new account, whether it's under your own name, a fabricated name, or someone else's name, regardless of whether you're representing that third party. Beyond simply suspending or terminating your account, we also reserve the right to pursue any suitable legal actions, including civil, criminal, and injunctive remedies.

 

14. MODIFICATIONS AND INTERRUPTIONS

 

We hold the authority to alter, modify, or remove Site contents whenever we deem necessary, without having to provide prior notice. Even though we can make these changes, we're not obliged to update any information on our Site. Moreover, we have the freedom to modify, suspend, or even halt the Site, either partially or entirely, without notifying you.

 

It's important to note that we can't guarantee uninterrupted access to the Site at all times. There might be times when we encounter issues with our hardware, software, or other unforeseen complications that could lead to disruptions or errors. We also reserve the right to modify the Site for any reason, without needing to inform you in advance. By agreeing to these Terms of Use, you acknowledge that we are not liable for any inconvenience or loss you might suffer due to an inability to access the Site during any periods of downtime. Furthermore, these terms do not require us to provide any support, corrections, updates, or releases related to the Site.

 

15. DISPUTE RESOLUTION

 

Informal Negotiations

 

To address and manage the cost and resolution of any dispute, controversy, or claim arising out of these Terms of Use (referred to as "Dispute"), both you and we agree to initiate informal negotiations for a minimum duration of thirty (30) days prior to starting arbitration. Such negotiations begin when one Party sends a written notice to the other.

 

Binding Arbitration

 

All disagreements, claims, actions, suits, or other proceedings stemming from or related to this agreement shall be governed and interpreted according to the laws and decisions of Ontario, Canada. Such disputes will be resolved through arbitration before a single arbitrator in Toronto, Ontario, following the rules of the Arbitration Act, 1991 of Ontario.

 

Restrictions

 

Both Parties agree that any arbitration will only address the Dispute between the two Parties directly. As allowed by law:

(a) No arbitration can be merged with another proceeding.

(b) No Dispute can be arbitrated on a class-action basis nor use class-action procedures.

(c) No Dispute can be initiated on behalf of the general public or any other individuals in a representative capacity.

 

Exceptions to Informal Negotiations and Arbitration

 

The Parties have mutually agreed that the following Disputes won't be subjected to the aforementioned informal negotiations and arbitration:

(a) Disputes aiming to validate, enforce, or protect any Party's intellectual property rights.

(b) Disputes arising from allegations related to theft, piracy, privacy invasion, or unauthorized use.

(c) Any claim targeting injunctive relief.

 

If any portion of this provision is deemed illegal or unenforceable, then neither Party will choose to arbitrate any Dispute under that illegal or unenforceable portion. Such a Dispute will be resolved in a court with competent jurisdiction within Ontario, Canada, and both Parties commit to the personal jurisdiction of that court.

 

16- CORRECTIONS

 

Information on the Site may contain typographical errors, inaccuracies, or omissions.

This may include descriptions, pricing, availability, and other information.

We hold the right to correct such errors, inaccuracies, or omissions and to modify or update information on the Site, without giving prior notice.

 

17- DISCLAIMER

 

The Site is provided on an "as-is" and "as-available" basis.

Using the Site and our services is solely at your risk.

We disclaim all warranties, whether expressed or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not guarantee or represent the accuracy or completeness of the Site’s content or any linked website's content.

We are not responsible for:

• Errors, mistakes, or inaccuracies in content and materials.

• Personal injury or property damage resulting from accessing and using the Site.

• Unauthorized access/use of our secure servers and stored personal/financial information.

• Interruptions in transmission to or from the Site.

• Any malicious software transmitted to or through the Site by third parties.

• Errors or omissions in any content/materials, or any damage from using content available via the Site.

We neither endorse nor take responsibility for any product/service advertised or offered by third parties through the Site or any linked website. We aren’t responsible for transactions between you and third-party providers. As always, exercise caution and use your best judgment when making a purchase or using any service.

 

18. LIMITATIONS OF LIABILITY

 

Purpose & Scope:

 

This section details the extent to which the company limits its liability for any damages users might claim to have suffered due to their use of the Site.

 

Extent of Liability:

 

The company, its directors, employees, or agents will not be liable for various types of damages (direct, indirect, consequential, exemplary, incidental, special, or punitive). This includes potential lost profits, revenue, or data that a user may claim to have suffered from using the Site.

The company holds this stance even if it has been informed of the potential for such damages.

 

Cap on Liability:

 

If for some reason the company is found to be liable, the maximum liability is limited to an amount the user paid to the company during the six months prior to the claim. This provides a clear ceiling on potential financial obligations, guarding against enormous unforeseen claims.

 

19. INDEMNIFICATION

 

Purpose & Scope:

 

This section stipulates that users will cover the company against harm arising from certain situations.

 

Protection Against Harm:

 

Users agree to defend, indemnify (compensate for harm or loss), and hold the company harmless if the company faces any losses, damages, claims, or demands. This includes covering legal fees.

Several scenarios are listed as triggers for this protection, such as:

The user's contributions to the Site.

Breaches of the Terms of Use by the user.

Violation of third-party rights by the user, including intellectual property rights.

Any harmful actions by the user towards another user on the Site.

 

Company's Right to Defense:

 

If the company faces a claim due to the user's actions, it can opt to defend itself using its chosen lawyers, and the user would have to cover these expenses.

 

20. USER DATA

 

Purpose & Scope:

 

This section describes how user data is treated, particularly in terms of retention and responsibility.

 

Data Retention:

 

The company will retain certain data transmitted to the Site, mainly to manage the Site's performance.

This data can also relate to the user's interactions with the Site.

 

Responsibility for Data:

 

Despite regular backups, the user bears the responsibility for the data they share or generate on the Site. The company won't be held liable for any loss or corruption of this data. This implies users should maintain their own backups or precautions for any data they deem essential.

 

21- ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

 

Purpose & Scope:

This section is primarily about how digital interactions and communications are viewed within the context of the agreement. Given the digital nature of many transactions and interactions today, it's crucial to define how these are perceived and acknowledged legally.

 

Types of Electronic Interactions:

The first part establishes what constitutes electronic communications with regard to this agreement:

 

Site Interaction: 

When a user visits or interacts with the Site, it is considered a form of electronic communication.

Emails: 

Any email communications between the user and the company.

Online Forms: 

Completing and submitting any form provided on the Site also counts as electronic communication.

Consent to Electronic Communication:

Users provide their consent to receive all kinds of communications from the company electronically. This is significant because there might be jurisdictions where, unless explicitly stated, electronic communications might not be considered equivalent to traditional written communication.

 

The provision ensures that communications, whether they be notices, disclosures, or other forms of information provided to the user, will be recognized as valid even if they are electronic.

 

Agreement to Electronic Formalities:

The user agrees to several electronic formalities, ensuring streamlined digital interactions:

 

Electronic Signatures: 

Users agree to use and accept electronic signatures, which can be essential for contracts or other legally binding agreements.

Electronic Contracts and Orders: 

The legitimacy of contracts, orders, and other records initiated or completed electronically is acknowledged.

Electronic Delivery of Notices and Policies: Notices, policies, and records of transactions provided by the company or through the Site are accepted in their electronic form.

 

Waiver of Non-Electronic Requirements:

Given that many jurisdictions have legal requirements for physical or "original" signatures and documents, this clause is crucial:

 

• Users relinquish any rights or requirements in any jurisdiction that mandates:

  • An original (non-electronic) signature.

  • Delivery or retention of non-electronic records.

  • Any kind of payment or credit is to be processed by non-electronic methods.

 

22. MISCELLANEOUS

 

This section serves as a catch-all for various legal clarifications and provisions that might not fit neatly into other sections.

 

Entire Agreement: The Terms of Use, alongside any policies or rules posted on the Site, represent the complete agreement between the user and the company. No outside or prior agreements, spoken or written, have a bearing on this relationship unless explicitly included here.

 

No Waiver: Just because the company doesn't immediately enforce a right or provision doesn't mean it's giving up that right. It can choose to enforce it later.

 

Applicability: The Terms of Use apply as fully as the law allows.

 

Assignment: The company can transfer its rights and obligations from this agreement to another party without needing consent.

 

Limitations on Liability: The company isn't responsible for failures to act that are caused by events outside its reasonable control.

 

Severability: If a part of these Terms is found to be illegal or unenforceable, it can be removed, and the rest of the Terms will still be valid.

 

No Additional Relationships: Just by using the Site, no other relationships (like partnerships or employment) are formed between the user and the company.

 

Construction of Terms: The fact that the company drafted these Terms won't be used against it.

 

Electronic Form Acceptance: The user accepts the electronic nature of this agreement and acknowledges that it doesn't need to be signed in a traditional manner.

 

23. RETURN POLICY

 

All sales are final, and no refund will be issued. If a user's account is disabled or removed due to a violation of the Terms of Service, no refund will be given. For any questions or concerns about the return policy, users should contact the company directly.

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