These Terms of Service (“Terms”) govern your access to and use of the content and services, including the content generation services, offered on or through the websites located at https://www.artium.ai/, https://www.thisisartium.com/ and www.useapex.io, and each of their subdomains (collectively, the “Service”) operated by Artium Technologies, LLC (“Artium”, “we”, “us”, and “our”).
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND ARTIUM THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY THE “DISPUTE RESOLUTION” SECTION BELOW FOR DETAILS REGARDING ARBITRATION.
Agreement to Terms
Please read these Terms carefully before accessing or using our Service. By accessing or using any part of the Service, you agree to become bound by these Terms. If you do not agree to all the Terms, then do not access or use the Service. If you are accessing and using the Service on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, “you” and “your” will refer to that entity.
Privacy Policy
Please refer to Artium’s Privacy Policy at https://www.artium.ai/privacy-policy for information on how Artium collects, uses and discloses information from users. You acknowledge and agree that your use of the Service is subject to our Privacy Policy.
Usage Rights
If you comply with these Terms, you are granted a limited, non-exclusive, non-transferable, and revocable right to access and use the Service solely for your internal business purposes strictly in accordance with these Terms and subject to, the limits, volume or other measurement or conditions of permitted use communicated to you.
Age Requirements
You must be at least 18 years old and capable of forming a binding contract with Artium and not otherwise barred from using the Service under applicable law to access or use the Service.
Account Registration
Accessing certain features of the Service may require an account registration and creation of a username and password. You agree to provide accurate and complete registration information and to promptly update any registration information as necessary. You are solely responsible for the activity that occurs under your username and password, for keeping your username and password secure and confidential, and notifying us right away of any unauthorized use. You may not share your account information or assign any of your rights or obligations under these Terms to any third party.
Feedback
We welcome feedback, comments and suggestions for improvements to the Service (“Feedback”). If you provide us with any Feedback, you grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
Generated Materials
The Service utilizes generative artificial intelligence, including without limitation via a third-party generative artificial intelligence API, to generate materials provided to you by the Service (collectively, “Generated Materials”). The Generated Materials can be based on prompts you directly provide to the Service (each, a “Prompt”) or may be based on your actions (including without limitation uploading content to the Service). Although the Service is designed to implement the specifications of your Prompt in the Generated Materials, given the experimental nature of generative artificial intelligence, such Generated Materials may not meet the requirements of your Prompt or may otherwise be inaccurate or otherwise unsuitable for your specific use case. You should evaluate the accuracy, reliability, functionality, and appropriateness of any Generated Materials provided by the Service to you as appropriate for your use case, and you will remain solely responsible for and assume all risk in connection with your use of such Generated Materials.
Subject to your compliance with, and the remainder of, the terms and conditions of these Terms, Artium hereby assigns you all right, title, and interest in and to the Generated Materials that it may have. You acknowledge and agree that: (a) the Generated Materials may be subject to limited, or no, copyright protection and (b) the Generated Materials may not be unique, and the Service may generate the same or similar output for other users of the Service utilizing the generative artificial intelligence features and Artium will be free to provide the Service regardless of any similarities. Accordingly, on behalf of yourself and your heirs, successors and assigns, you irrevocably covenant not to assert or bring any suit, claim, demand or challenge against Artium, or our licensors or licensees in connection with their or our use of such same or similar output.
Data
As between you and Artium, you will own and retain all right, title and interest in and to all information, data, and other content, in any form or medium, that is submitted, posted, collected, transmitted or otherwise provided by or on behalf of you to Artium in connection with your use of the Service (including without limitation your Prompts) (“Your Data”). You hereby grant Artium a non-exclusive, worldwide, royalty-free right and license, with the right to sublicense, to use, host, reproduce, display, perform, modify and make derivative works of: (a) Your Data (including your Prompts), and (b) any Generated Materials assigned to you by Artium, in each case, in connection with promoting, marketing, hosting, operating, improving (including for optimizing and developing), and providing the Service (including any algorithms therein). You hereby represent, warrant and covenant to Artium that you have obtained and will obtain all necessary consents with respect to any and all of Your Data hosted, collected, stored or transmitted through the Service to the extent necessary (i) for you and Artium to comply with all applicable laws, rules and regulations including, without limitation, all applicable data protection and privacy laws; and (ii) for you to grant the licenses contemplated by this Section.
You acknowledge that Artium may: (a) compile aggregated and/or de-identified information in connection with providing the Service to you as set forth herein, provided that such information cannot reasonably be used to identify you or any data subject to which Your Data relates (“Aggregated and/or De-Identified Data”); and (b) use Aggregated and/or De-Identified Data for its lawful business purposes, including but not limited to modeling, benchmarking, and improving the Service, whether existing now or developed in the future.
Prohibited Uses
You agree not to:
Use the Service for any illegal or unauthorized purpose.
Use the Service to communicate anything unlawful, harmful, violent, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially or ethnically offensive; that infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; that violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; that promotes illegal or harmful activities or substances; or that is fraudulent, false, misleading or deceptive
Impersonate any person or entity, falsely claim an affiliation, or access another user’s account without permission.
Attempt to probe, scan, or test the vulnerability of any system or network.
Breach or otherwise circumvent any security features or measures of the Service.
Interfere with or disrupt the Service, servers, or networks, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service.
Engage in any potentially harmful acts directed against the Service.
Use any data mining or similar data gathering and extraction methods in connection with the Service.
Use, display, mirror or frame the Service or any individual element within the Service, Artium’s name, any Artium trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Artium’s express written consent.
Access, tamper with, or use non-public areas of the Service, Artium’s computer systems, or the technical delivery systems of Artium’s providers.
Attempt to access or search the Service or download content from the Service using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Artium or other generally available third-party web browsers.
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation.
Use any meta tags or other hidden text or metadata utilizing an Artium trademark, logo URL or product name without Artium’s express written consent.
Use the Service, or any portion thereof, in any manner not permitted by these Terms.
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Service to send altered, deceptive or false source-identifying information.
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service.
Collect or store any personally identifiable information from the Service from other users of the Service without their express permission.
Encourage or enable any other individual to do any of the foregoing.
Artium is not obligated to monitor access to or use of the Service or to review or edit any content. However, we have the right to do so for the purpose of operating the Service, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including Your Data, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Service. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Intellectual Property Rights
Artium and its licensors exclusively own all right, title and interest in and to the Service, including all associated intellectual property rights. You acknowledge that the Service are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service.
Links to Third Party Websites or Resources.
The Service may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources.
Disclaimers
YOU ACKNOWLEDGE THAT THE SERVICE AND ANY GENERATED MATERIALS ARE PROVIDED ON AN “AS IS” BASIS, AND ARTIUM MAKES NO WARRANTIES OR REPRESENTATIONS TO YOU OR TO ANY OTHER PERSON REGARDING THE SERVICE, THE GENERATED MATERIALS, OR ANY OTHER SERVICES PROVIDED HEREUNDER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ARTIUM HEREBY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
WITHOUT LIMITING THE FOREGOING, ARTIUM HEREBY DISCLAIMS ANY WARRANTY THAT (A) USE OF THE SERVICE OR ANY GENERATED MATERIALS WILL MEET YOUR REQUIREMENTS, BE ERROR-FREE, BUG-FREE OR UNINTERRUPTED, OR YOUR CONTENT WILL BE SECURE OR NOT LOST OR ALTERED AND (B) ANY WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OR CONTENT ON THE SERVICE OR ANY GENERATED MATERIALS CREATED VIA THE SERVICE. YOU ASSUMES ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE AND GENERATED MATERIALS. ARTIUM DOES NOT GUARANTEE ANY RESULTS, REVENUE, RETURN, OR OTHER BENEFIT OF ANY KIND.
Indemnity.
You will indemnify, defend (at Artium’s option) and hold Artium and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Service, (b) Your Data, or (c) your violation of these Terms. You will not settle or compromise any claim subject to this paragraph without Artium’s prior written consent.
Limitations of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER ARTIUM NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ARTIUM OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ARTIUM’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO ARTIUM FOR USE OF THE SERVICE IN THE TWELVE (12) MONTH PERIOD PRECEDING THE CLAIM OR ACTION GIVING RISE TO SUCH LIABILITY OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO ARTIUM, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ARTIUM AND YOU.
Termination
We may suspend or terminate your access to and use of the Service at our sole discretion, at any time, and without notice to you. You may cancel your Artium account at any time by contacting us. Upon any termination, discontinuation, or cancellation of your account or the Service, the following sections will survive: Feedback, Generated Materials, Data, Prohibited Uses, Intellectual Property Rights, Disclaimers, Limitation of Liability, Termination, Governing Law and Forum Choice, Dispute Resolution, and General Terms.
Changes to these Terms or the Service
We reserve the right to make changes to these Terms from time to time. If we make any material changes, we will notify you by email or by posting a notice on the Service prior to the changes becoming effective. Your continued access to or use of the Service after any changes indicates your acceptance of the revised Terms. Because our Service is evolving over time we may change or discontinue all or any part of the Service, at any time and without notice, at our sole discretion.
Governing Law and Forum Choice
These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in the “Dispute Resolution” section, the exclusive jurisdiction for all Disputes (defined below) that you and Artium are not required to arbitrate will be the state and federal courts located in Los Angeles County, and you and Artium each waive any objection to jurisdiction and venue in such courts.
Dispute Resolution
We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Service (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Artium agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Artium are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
As limited exceptions to the paragraph above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration, we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
Except as provided in the second paragraph of this “Dispute Resolution” section, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
YOU AND ARTIUM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this “Dispute Resolution” section shall be null and void.
With the exception of any of the provisions in the paragraph above, if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
General Terms
These Terms constitute the entire and exclusive understanding and agreement between Artium and you regarding the Service, and these Terms supersede and replace all prior oral or written understandings or agreements between Artium and you regarding the Service. Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without Artium’s prior written consent. Any attempt by you to assign or transfer these Terms absent our consent or your statutory right, without such consent, will be null. Artium may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Artium under these Terms will be given: (i) via email; or (ii) by posting to the Service. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
Artium’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Artium. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Contact Us
If you have any questions about these Terms, please contact us at: info@artium.ai