Terms of Use

1. Acceptance of these Terms of Use

By using or visiting the Artfeeler website(s) located at https://artfeeler.com or such other websites under Artfeeler which may be introduced from time to time (collectively known as "Artfeeler") or any Artfeeler products and services provided to you from or through the Artfeeler website(s) or our online mobile applications and such other products and services that may be introduced in the future (collectively the "services"), you signify your agreement (whether on behalf of yourself or the entity that you represent) to the terms and conditions ("Terms of Use") herein and Artfeeler's Privacy Policy, and Artfeeler's Cookie Policy.

If you do not agree to any of the terms in these terms of use, please do not access and/or use the services.

You must be thirteen (13) years old or older to use or access the services. If you are under thirteen (13) years old, your use of the services must be directly supervised by your parent or guardian or another authorized adult (e.g. a teacher) who agrees to be bound by this Agreement. Any use or access to the service by anyone under sixteen (13) years old who is not directly supervised by an adult is strictly prohibited and in violation of this Agreement.

Artfeeler may, in its sole discretion, modify or revise these terms of use at any time, and you agree to such modifications or revisions by your continual usage of the services. Nothing in these terms of use shall be deemed to confer any third-party rights or benefits.

2. Services

These terms of use set forth the legally binding terms and conditions that apply to all users of the services, including users who contribute contents on the services.

3. Accounts

In order to use our services, you will need to register for an account ("Account") and provide accurate and complete information. You represent that (a) all information submitted by you is truthful and accurate; and (b) you will maintain the accuracy of such information. You are solely responsible for the activity that occurs on your Account and you must keep your Account password secure. You must immediately notify Artfeeler of any unauthorized use of your Account or any breach of security. Artfeeler will not be liable for any loss or damage arising from the unauthorized use of your account and you may be liable for the losses of Artfeeler due to such unauthorized use. You may delete your Account at any time, for any reason, by following the instructions on the website or mobile app. Artfeeler may terminate your Account in the event you have breached these terms of use.

4. Access to the Services

Artfeeler hereby grants you a non-exclusive, revocable access to use the services, provided that:

You shall not sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit any content displayed on the services without Artfeeler prior written authorization; You shall not modify or alter any part of the services; You shall not access the services through any technology or means other than authorized means Artfeeler may designate; and You shall not sell access to the accounts, or sell advertising, sponsorships or promotions within the content on the services without Artfeeler's prior written approval.

Artfeeler reserves the right at any time, to modify, suspend or discontinue the services with or without notice to you. You agree that Artfeeler will not be liable to you or to any third party for any modification, suspension or discontinuation of the service. You further agree that Artfeeler will have no obligation to provide you with any support or maintenance in connection with the service.

Unless otherwise indicated, any future release, update or other added functionality of the services shall be subject to these terms of use.

You agree not to use or launch any automated system, including without limitation, "robots", "spiders", or "offline readers" that accesses the services in a manner not humanly possible. You agree not to collect or harvest any personally identifiable information, including account names from the service or to use the communication systems provided by the service for any solicitation purposes. You agree not to solicit, for commercial purposes, any users of the services with respect to their content on the services.

5. Paid Services

Certain services may be provided to you free-of-charge. Other services require payment before you can access them. "Paid Services" which is subject to a payment of fee(s) as may be determined by Artfeeler "Fee" which shall be made via credit card or such other payment method as accepted by Artfeeler "Payment Method". Artfeeler shall reserve the right to introduce further Paid services at its own discretion. All Fees are quoted in United States Dollar (USD) unless otherwise specified by Artfeeler. The Fee is exclusive of all taxes, which shall be borne by you.

If we offer you a promotion (e.g. a promotional price) for the Paid services, the specific terms of the promotion will be disclosed during your sign-up or in other materials provided to you describing the particular promotion. In the case of promotional pricing, after the promotion ends, we will be billing you the regular price after the promotion ends unless you cancel prior to the end of the promotion or unless otherwise disclosed in communications made available to you.

We reserve the right, in our sole discretion, to change, amend, modify or vary the price, package and/or features of the Paid services at any time, with or without notice to you.

We will use all reasonable effort to ensure that the pricing and information for our services stated therein are accurate, however, there are possibilities due to genuine error that the information of our service may be inaccurate or any of our service may be priced wrongly. If such situations may arise, we reserve the right to take any appropriate action we deem necessary to rectify the same.

6. Payments and Account Deletion

Payments

To the extent permitted by the applicable law, payments are non-refundable, and we do not provide refunds for any unused Paid services.

Account Deletion

You may delete your account by contacting us at info@artfeeler.com. Upon the closure of your account and under your specific instruction for data erasure, we shall take all reasonable efforts to erase all data related to your Account. We reserve the right to retain any data necessary under the applicable laws.

Upon cancellation or discontinuance of your account, you may continue to use any work previously produced, created or reproduced by you via the services as of the date of cancellation or discontinuance.

7. Ownership

You acknowledge that all trademarks, service marks, copyrights and logos "Marks" on the services are owned by Artfeeler or licensed to Artfeeler. Neither these terms of use nor your access to the service transfers to you or any third party any rights, title or interest in or to such Marks, except as otherwise provided in these terms of use.

8. Your Content

Your content means any and all information and content that you submit or use with the services (including content found on your profile or posts) and any derivative works which you have produced through the use of the services.

As the account holder, you may submit your content on the services. You shall be solely responsible for your content and you assume all risks associated with the use of your content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your content that personally identifies you or any third party.

You affirm, represent and warrant that you own or have the necessary licenses, rights, consents and permissions to use your content and you hereby grant Artfeeler an irrevocable, non-exclusive, royalty-free worldwide license to reproduce, distribute, publicly display, perform and prepare derivative works and otherwise exploit your content on our platform.

You hereby irrevocably waive any claims and assertions of moral rights or attribution with respect to your content. You also agree that your content may be retained by us for a reasonable period of time for the purposes of: (i) improving or enhancing Artfeeler products and the services to you; (ii) analyzing and measuring the effectiveness of Artfeeler products, the services (including our mobile applications); (iii) fulfilling contractual obligations; and for the (iv) compliance with legal obligations.

You further agree that Artfeeler is not responsible for the accuracy,, suitability, or quality of any user content, whether provided by you or by other users. Any interactions between users are solely within the users, and Artfeeler will not be responsible for any loss or damage incurred as the result of such interactions.

9. Third Party Links and Advertisements

The services may contain links to third party websites and/or advertisements for third parties. These websites and/or advertisements are not owned or controlled by Artfeeler and Artfeeler assumes no responsibility for the content, privacy policies, or practices of these websites and/or advertisements. By using the services, you acknowledge and agree that Artfeeler shall not be responsible for your use of any third-party website and/or advertisements. Your use of all third-party websites and/or advertisements are at your own risk, and you should apply a suitable level of caution and discretion in doing so. When you click on any of the third-party websites and/or advertisements, the applicable third party's terms and policies apply, including the third party's privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any such third-party websites and/or advertisements.

10. Intellectual Property Rights

You further agree that you are obtaining only a limited license to use and access the service expressly set forth in these terms of use and that no ownership rights are being conveyed to you. Artfeeler retains all right, title and interest (including all patent, copyright, trademark, trade secret and other intellectual property rights) in and to the services, all related and underlying technology and documentation, and any derivative works or modifications. Further, you agree that the services are offered as an on-line, hosted solution, and that you have no right to obtain a copy of any code of the services unless there is an underlying agreement. You may submit comments, questions, suggestions or other feedback relating to Artfeeler "Feedback" and you agree that Artfeeler may freely use, copy, disclose, prepare derivative works based on, publicly perform or display, distribute and exploit any Feedback, bug reports or suggestions you provide to Artfeeler regarding the services, without any obligation, royalty or restriction based on intellectual property rights or otherwise.

For the usage of artificial intelligence systems ("AI"), you understand and acknowledge that similar or identical creations may be created by other parties using their own prompts, and you also understand that all AI creations are fiction and are not intentionally related to a real person.

11. DMCA Notice

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and it is accessible on this service, you may notify our copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 ("DMCA"). To be effective under the DMCA, a notification of claimed infringement must be a written communication provided to Artfeeler that includes substantially the following:

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A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

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Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works on the service;

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Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Artfeeler to locate the material;

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Information reasonably sufficient to permit Artfeeler to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

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A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

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A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The above information must be submitted as a written notification to the following designated agent of Artfeeler at the email address: dmca@artfeeler.com.

Please note that under federal law, if you knowingly misrepresent that online material is infringing, you may be subject to heavy civil penalties. These include monetary damages, court costs, and attorney's fees incurred by us, by any copyright owner, or by any copyright owner's licensee that is injured as a result of our relying upon your misrepresentation. You may also be subject to criminal prosecution for perjury.

This information should not be construed as legal advice, for further details on the information required for valid DMCA notifications, see 17 U.S.C. 512(c)(3).

NOTE: This information is provided exclusively for notifying Artfeeler that your copyrighted material(s) might have been infringed. Any other inquiries, including technical support requests, billing questions, reports of email abuse and third-party reports of piracy, will not receive a response through this process.

12. DMCA Counter Notifications

If you believe in good faith that your content was wrongly removed in response to a copyright complaint, you may send a counter-notification to our Designated Agent, as mentioned in Section 11 above, containing the following information:

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Your physical or electronic signature;

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Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled providing specific URLs is recommended;

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A statement under penalty of perjury that you have good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material;

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Your name, address, telephone number, and email address;

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A statement that (i) you consent to the jurisdiction in the Federal District Court for the judicial district in which your address is located, or if your address is outside the United States, that you consent to jurisdiction in the Central District of California, and (ii) you will accept service of process from the person who provided notification of the alleged infringement (or an agent of such person).

Counter Repeat Infringer Policy and Takedown Policy

Artfeeler is committed to complying with the DMCA and requires all users of the service to comply as well. In order to protect the rights of copyright holders, Artfeeler implements a repeat infringer policy under which it may terminate the accounts of users who repeatedly violate the DMCA. Artfeeler's repeat infringer policy is implemented seriously. A user may be a "repeat infringer" due to multiple copyright complaints against them within a certain period of time; however, Artfeeler reserves the right to terminate a user upon receiving any number of DMCA notifications from content owners. If a user's account is terminated pursuant to Artfeeler's repeat infringer policy, the user will be notified.

Our services might use AI to generate results and such results may be unintentionally similar to any real person. We respect rights holders internationally. If you believe your copyrighted work or image is being infringed on the service, please send a takedown notice per Section 11 above and we will process your request.

14. Aggregated Anonymous Data

Notwithstanding anything to the contrary herein, you agree that Artfeeler may use, process, manipulate, modify, copy, publicly perform and display, compile, and create derivative works from customer data and any other data related to the services, including, but not limited to, using such data for any internal business purpose, and for the improvement, support, and operation of the services, and/or the development of other products or service capabilities. You further agree that Artfeeler may disclose to third parties aggregate data derived from customer data or from any other data related to the services (including information regarding users' interaction with the service), so long as such aggregate data is not personally identifiable with respect to the user, subject to the applicable data protection laws. Further, all service data, usage data and other data that does not identify a user and any data that is derived from the customer data and all data, reports, derivative works, compilations, modifications and other materials created by Artfeeler from or with use of such data will be, in each case, the sole and exclusive property of Artfeeler; and you hereby assign all of your title and interest, if any, in and to such items to Artfeeler without any fees and without rights to future royalties.

15. Account Termination Policy

Subject to this section, these terms of use will remain in full force and effect while using the services. Artfeeler will terminate your access to the services if, under appropriate circumstances, you are determined to be a repeat infringer.

Artfeeler reserves the right to decide whether your content violates these terms of use for reasons other than copyright infringement, such as, but not limited to, pornography or obscenity. Artfeeler may at any time, without prior notice and in its sole discretion, remove such content and/or terminate your account for submitting such material in violation of these terms of use.

16. Warranty Disclaimer

All Artfeeler website, content, tools and/or services are provided on an "As is", "As available" and "With all faults" basis without all warranties, express or implied of any kind, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. You agree that your use of the services shall be at your sole risk. To the fullest extent permitted by law, Artfeeler, its employees, and agents disclaim all warranties, express or implied, in connection with the services and your use thereof. Artfeeler makes no warranties or representations about the accuracy or completeness of the Artfeeler website's content or the content of any sites linked to the Artfeeler website and assumes no liability or responsibility for any (I) Errors, mistakes, or inaccuracies of content, (II) Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our services, (III) Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (IV) Any interruption or cessation of transmission to or from our services, (V) Any bugs, viruses, trojan horses, or the like which may be transmitted to or through our services by any third party, and/or (VI) Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the service. Artfeeler does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services or any hyperlinked services or featured in any banner or other advertising, and Artfeeler will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. The usage of AI is a new technology and it does not always work as expected. No guarantees are made as to the quality, accuracy, suitability and reliability of the results.

You hereby release and forever discharge us from, and hereby waive and release, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, your use of the Artfeeler website and/or services, any interactions or transactions of you with, or act or omission of you in relation to other users.

17. Limitation of Liability

In no event shall Artfeeler, its employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (I) Errors, mistakes, or inaccuracies of content, (II) Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our services, (III) Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (IV) Any interruption or cessation of transmission to or from our services, (V) Any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our services by any third party, and/or (VI) Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. You specifically acknowledge that Artfeeler shall not be liable for the content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

18. Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Artfeeler, its employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses arising from: (i) your use of and access to the services; (ii) your violation of any of these terms of use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) your violation of applicable laws or regulations; or (v) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive the termination of these terms of use and/or your use of the services. Artfeeler reserves the right to assume the defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

19. Assignment

The parties are independent contractors and no employment, agency, or joint venture is created hereunder. These terms of use, and any rights granted hereunder, may not be transferred or assigned by you, but may be assigned by Artfeeler without restriction.

20. Governing Law and Dispute Resolution

This Agreement shall be governed by, and shall be construed in accordance with, the laws of the European Union/United States. Any dispute, controversy or claim arising out of or relating to this agreement, including the validity, invalidity, breach or termination thereof, shall be settled by arbitration in the EU under the European Court of Arbitration (“ECA”) administered ECA arbitration rules in force when the notice of arbitration is submitted in accordance with these rules. The number of arbitrators shall be one. The decision of the arbitrator shall, except in the case of manifest error, be final and binding upon the parties hereto. The arbitration proceedings shall be conducted in English.

21. Entire Terms

These terms of use constitute the entire agreement between you and Artfeeler regarding its subject matter and supersedes any previous written or oral agreement between you and Artfeeler. Should any provision of these terms of use be held to be void or invalid, that fact will not affect any other provision, and the remainder of these terms of use will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Failure by either party to enforce any provision of these terms of use will not be deemed a waiver of future enforcement of that or any other provision. The explanations in the FAQ, tutorials, and any other explanations and content provided in https://Artfeeler.com/ are for your information only are not, and shall not be construed as, part of these terms of use.

22. Severability

Unless as otherwise stated in these terms of use, should any provision of these terms of use be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of these terms of use, and the application of that provision shall be enforced to the extent permitted by law.

23. Language

These terms of use are written in English with a reference translation in another language (if necessary). In the event of any conflict in interpreting or construing these terms of use, the English version shall prevail.

23. Electronic Communications

You agree that the communications between you and Artfeeler use electronic means. For contractual purposes, you (a) consent to receive communications from Artfeeler in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Artfeeler provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect your non-waivable rights.

In addition to Artfeeler's terms of use as stated above by which you are bound, you acknowledge and agree that:

You as a student:

You are at least thirteen (13) years old;

ii.

You will only use Artfeeler for education (and all your contents incorporated therein) for educational purposes; and

iii.

You will answer questions from Artfeeler and participate in any case study/ testimonial that is reasonably requested from time to time.

You as an educator::

You or the education institution you work for, has obtained all necessary parent or guardian consent for student(s) under the age of eighteen (18) years old to use Artfeeler prior to registering the student(s) to Artfeeler;

ii.

You will only use and/or permit Your student(s) to use Artfeeler for education (and your and your student(s) contents incorporated therein) for educational purposes;

iii.

You will answer questions from Artfeeler and participate in any case study/ testimonial that is reasonably requested from time to time;

iv.

For the avoidance of doubt, such questions shall include, but are not limited to the nature of your education institution and how you and/or your education institution have utilized Artfeeler.

Your continued use of Artfeeler implies your full consent of Artfeeler's use of your education institution's logo for marketing purposes without the need for payment of any consideration thereof.

In the event you provide answers and participate in any case study, You hereby grant Artfeeler, subject to Artfeeler's Privacy Policy and children's Privacy Policy, a worldwide, perpetual, irrevocable and royalty-free license to use and publish such information you provide to Artfeeler.

Your failure to comply with Artfeeler's terms of use as stated herein may result in your access to Artfeeler be terminated.

Last updated: 5 February 2024