Enterprise Terms of Service
By using any of the Artomatix web sites (in these terms we call these sites and any successor sites, and any software provided by Artomatix Limited for use with the site, “Product”, “Service”, “Site”, “Application”, “Software” and in relation to Artomatix Limited and/or Artomatix, “we”, “us”, “our” and terms of similar meaning), by registering on the Site or by using any other services of Artomatix Limited you confirm that you have read, understood and agree to be bound by the following terms and conditions (“Terms of Service“).
Artomatix Limited reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. If you do not agree with the changes you can cancel your account with us without further obligation, except for the amount due for the balance of the billing period in which you cancel your account.
1. SETTING UP AND USING YOUR ACCOUNT
To register and use the Service, you must:
- provide a valid email address and any other information reasonably required in order to complete the signup process;
- be 18 years of age or older;
- be a human. Accounts registered by “bots” or other automated methods are not permitted;
- promptly discharge all charges and other monthly fees as they fall due to access and use the Service; and
- comply with these Terms of Service.
You are responsible at all times:
- for maintaining the security of your account and password. Artomatix Limited cannot and will not be liable for any loss or damage from your failure to comply with this security obligation; and
- for all content posted and activity that occurs under your account.
1.2 MODIFICATIONS TO THE SERVICE AND PRICES
Artomatix Limited reserves the right at any time and from time to time to modify, temporarily or permanently, the Service (or any part thereof) with or without notice.
Prices of all Products and Services, including but not limited to monthly subscription plan fees to the Service, as are displayed at this Site or otherwise notified to you from time to time are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to this Site or the Product / Service itself.
Artomatix Limited shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
1.3 PAYMENT AND REFUNDS
A valid credit card is required for paying accounts. To avoid interruption, please keep us informed of any changes to your preferred method of payment. You authorise us to continue billing your account with any updated payment information that we obtain from financial service providers. In addition, where such written notice is provided to you by Artomatix Limited, payment must be made by you by way of electronic funds transfer to the bank account nominated by Artomatix Limited.
The Service is billed to you in advance on a monthly basis and is nonrefundable. There will be no refunds or credits for partial months of Service, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies, or duties, excluding only the European Union for VAT.
All fees are exclusive of any applicable third-party fees (including but not limited to telephone charges, mobile carrier fees, ISP charges, data plan charges, credit card fees, foreign exchange fees, foreign transaction fees).
1.4 CANCELLATION AND TERMINATION OF YOUR ACCOUNT
Subject to these Terms of Service, you may cancel your account at any time by logging into Artomatix and selecting the ‘Account’ page. You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation.
Your account will continue, and monthly subscription fees and charges will continue to accrue until such time as your account is cancelled or terminated in accordance with these Terms of Services.
Upon cancellation or termination, you will be given the choice to delete all Your Content (as defined below) or to keep it. If the latter is chosen, it will be made available to you upon reactivation of your account. Artomatix will only store this data for a maximum amount of time of 12 months, however, after which the data will be erased. If deleted, this information cannot be recovered once your account is cancelled. Upon cancellation or termination, you must return to Artomatix Limited all Artomatix Materials and Artomatix IPR (each as defined below) immediately (or act accordingly to any alternative instructions in relation to the Artomatix Materials and Artomatix IPR as received from Artomatix Limited, in their absolute and sole discretion).
If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
Artomatix Limited may immediately terminate your account at any time upon notice should you violate these Terms of Service or otherwise fail to comply with your obligations hereunder such as any verbal, physical, written or other abuse (including threats of abuse or retribution) of any Artomatix Limited customer, client, employee, member, or officer may result in immediate account termination. In addition, your account may be immediately terminated where, in the sole discretion of Artomatix Limited, there has been an extended period of inactivity in relation to your account. In addition, If we terminate these Terms of Service for reasons other than for cause, then we will make reasonable effort to notify you at least 45 days prior to termination via the email address you have provided to us with instructions on how to retrieve Your Content.
2. MATERIALS, CONTENT OWNERSHIP AND PROHIBITED USES
You expressly acknowledge that the Site, the Software and the Products / Services developed by or on behalf of Artomatix Limited each contain information, text, files, software, applications, code hidden text, databases, pictures, photographs, video footage, graphics, music, sounds, neural networks, neural network architectures and other material (the “Artomatix Materials“) that are protected by copyright, trademarks, trade secrets, patents, designs, knowhow or other proprietary and intellectual property rights, whether registered or unregistered (the “Artomatix IPR“), and that these Artomatix IPRs are valid and protected in all forms, media and technologies existing now or developed later and that all right, title and interest in and to the Materials, the Site, the Software, the Product, the Service and all Artomatix IPR therein are and shall remain the exclusive property of Artomatix Limited.
GRANT OF LICENCES TO YOU
Subject to your compliance with these Terms and payment of all sums due thereunder, upon registration and during the continuance in force of your account, Artomatix Limited shall and hereby grants you a non-exclusive, royalty-free, non-transferable (by assignment, novation, sub-licence or otherwise), revocable licence under the Artomatix IPR in the Software and the Service to use the Software and/or the Product / Service for your personal purposes only, subject to these Terms of Service. For the avoidance of doubt, it is agreed as between you and Artomatix Limited, that any and all derivative product(s) that are produced / created through the use of the Product or Service (or involve, incorporate or utilise the Software, the Artomatix Materials or the Artomatix IPR in anyway whatsoever) (the “Asset”) shall vest absolutely with Artomatix Limited, subject to the licence provided hereunder.
NO IMPLIED LICENCE
Except as explicitly granted in these Terms of Service, no licence, immunity, or other right is granted or assigned under these Terms of Service, either directly or indirectly, by implication, estoppel or otherwise, to you with respect to any Artomatix IPR.
USE AND PROHIBITED USES
- comply with the Terms of Service (as well as any guidelines / notices provided by or received from Artomatix Limited as may be the case from time to time);
- supervise and control the use of the Service by employees, agents and representatives in accordance with the Terms of Service;
- immediately use the most current version of the Software, including upgrading to any updated or upgraded version or new release as notified to you by Artomatix Limited.
You will not at any time:
- copy, licence, distribute, sell or otherwise market the Software or the HTML/CSS/JS/Ruby or visual design elements of the Product / Service and/or the Site, or any part thereof, or authorize any third-party to do any of the foregoing;
- reverse engineer or decompile the Software or any Artomatix IPR in the Software, except and only to the extent authorized by applicable law;
- remove any patent numbers, copyright notices or other notices from the Software, the Service and/or the Site;
- use the Software, the Product / Service and/or the Site, or any part thereof, for any purpose or do any act which would or might infringe the Artomatix IPR;
- use the Software, the Product / Service and/or the Site, or any part thereof, in a capacity other than as an end user (i.e. you do not have a digital art repository and you do not act as a commercial digital art developer interested in stockpiling non-specific art to be sold en masse);
- furthermore, any Asset created through the Services pursuant to these Terms of Service are subject to limitations outlined herein – including but not limited to that the right of use thereafter is a personal one obtained by one single individual or company (as appropriate). Such a right to use any Asset can be transferred from one individual/company to another individual/company, but at no point can more than one party own the rights to use the same Asset created by Artomatix Limited.
- operate outside of the parameters of these Terms of Service or operate outside of the spirit of these Terms (including but not limited to the requirement that the Product / Services and Software are for personal end-user customers only);
- excessively use the Service / Product in disregard of reasonable / fair use (please note – priority ratings may apply in a variety of circumstances including but not limited to excessive use whereby your use and enjoyment of the Product / Service and / or Site may be negatively affected);
- use the Software, the Product / Service and/or the Site, or any part thereof, to create, publish, post, upload, transmit, disseminate or endorse any message, data, information, text, name, software, graphics, files materials or other content that is unlawful, libellous, defamatory, profane, obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights or for any other unlawful purpose;
- transmit any worms or viruses or any code of a destructive nature when using or otherwise in connection with the Product / Service, the Software and/or the Site; or
- modify, adapt or hack into the Product / Service or modify another website or service so as to falsely imply that it is associated in any way with the Service, Artomatix Limited or any other Artomatix Limited service.
Your Content is your responsibility. We have no responsibility or liability for it, or for any loss or damage Your Content may cause to you or other people, companies or organisations. We claim no intellectual property rights over the new material you independently create and provide to the Service. Your profile and materials uploaded remain yours. You will use the Software and/or the Service and exercise your rights under these Terms of Service in accordance with all applicable laws (including without limitation copyright laws).
We do not review all content uploaded to the Service, but we may use available technologies or processes to screen for certain categories of abusive or prohibited content and behaviour.
Artomatix expressly acknowledges that all of the content uploaded by, developed by or on behalf of you and used in relation to the Service, the Product, the Software, the Site or in conjunction with the Artomatix Materials including information, text, files, software, applications, code hidden text, databases, pictures, photographs, video footage, graphics, music, sounds and other material (“Your Content“) that are protected by copyright, trademarks, trade secrets, patents, designs or other proprietary and intellectual property rights, whether registered or unregistered (the “Your IPR“), and that Your IPRs shall remain the exclusive property of You.
GRANT OF LICENCE TO ARTOMATIX
By using the Service, you are agreeing to grant to Artomatix Limited a non-exclusive, worldwide, royalty-free, sub-licensable and transferable licence to use, reproduce, publicly display, distribute, modify (so as to better showcase Your Content, for example), publicly perform and translate the content as needed in response to user driven actions, for the purpose of operating or improving the Service or otherwise.
To the extent the Site, the Software, the Product / the Service and/or the Materials include or refer to any third-party materials, the ownership of such third-party materials shall be vested in the third-party(s) concerned.
3. GENERAL CONDITIONS
3.1 DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Your use of the Service and the Software is at your sole risk. The Service and the Software is provided on an “as is” and “as available” basis.
Artomatix Limited does not warrant that (i) the Service and/or the Software will meet your specific requirements, (ii) the Service and/or the Software will be uninterrupted, timely, secure, or error free, (iii) the results that may be obtained from the use of the Service and/or the Software will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service and/or the Software will meet your expectations, and (v) any errors in the Service and/or the Software will be corrected.
You expressly acknowledge and agree that Artomatix Limited shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Artomatix Limited has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Product / Service, the Software and/or the Site; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received, or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third-party on the service; (v) or any other matter relating to the Product / Service, the Software and/or the Site.
Our total liability in any matter arising out of or related to these Terms of Service is limited to €100 or the aggregate amount actually paid to Artomatix Limited for access to the Service and Software during the three-month period preceding the event giving rise to the liability whichever is the lesser. The limitations and exclusions in this part 3.1 apply to the maximum extent permitted by law.
3.2 TECHNICAL SUPPORT AND HOSTING
Technical support is only provided in accordance with the Website and can be accessed here: https://productforum.artomatix.com/
You understand that Artomatix Limited uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. Accordingly, you understand that the technical processing and transmission of the Service, including Your Content, involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
We may create technical limits on Your Content, including but not limited to circumstances whereby your bandwidth exceeds the average bandwidth usage (as determined solely by Artomatix Limited) of other Artomatix Limited customers. We reserve the right to immediately disable, suspend or limit your account until you can reduce your bandwidth consumption.
Upon expiration or termination of these Terms of Service, any perpetual licences you have granted, your indemnification obligations, our warranty disclaimers or limitations of liabilities and dispute resolution provisions stated in these Terms of Service will survive. Upon the expiration or termination of the Service, some or all of the Software may cease to operate without prior notice.
These Terms of Service are governed by the laws of the Ireland and the courts of Ireland shall have exclusive jurisdiction in relation to any disputes or claims arising out of or in connection with these Terms of Service, its subject-matter or formation.
The failure of Artomatix Limited to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Artomatix Limited and govern your use of the Service, superseding any prior agreements between you and Artomatix Limited (including, but not limited to, any prior versions of the Terms of Service).
You may not assign or otherwise transfer your rights or obligations under these Terms of Service in whole or in part without our consent and any other attempt shall be void. We may transfer our rights and/or obligations under these Terms of Service to a third party.
If any particular term is found to be unenforceable, invalid or unlawful, such terms shall be to that extent severed and will not affect any other terms of the Terms of Service which shall remain fully enforceable.
These Terms of Service and any document expressly referred to in it represents the entire agreement in relation to the licensing of the Service and supersedes any prior agreement, understanding or arrangement, whether oral or in writing. It is acknowledged and agreed that neither party has relied on any representation, undertaking or promise given by the other or implied in negotiations between the parties.
3.4 CONTACT US
Questions about the Terms of Service and any notices should be sent to Artomatix Limited, DIT Hothouse, the Greenway Hub, Dublin Institute of Technology, Grangegorman, Dublin 7.