TERMS OF USE

Last modified: 2024-12-03

INTRODUCTION

Welcome to Artivex!

Your use of Artivex is subject to these Terms of Use (these "Terms"). Thank you for reviewing these Terms – we hope you enjoy using Artivex.

Please review these Terms and our policies and instructions to understand how you can and cannot use Artivex. You must comply with these Terms in your use of Artivex and only use Artivex as permitted by applicable laws and regulations, wherever you may be when you use them. In some countries, there are restrictions on your use of Artivex – it is your responsibility to ensure that you are legally allowed to use Artivex where you are located, and certain Artivex functionalities may not be available in some countries.

By using Artivex, you agree to these Terms. If you do not agree to these Terms, you must not use Artivex.

User Behavior

You agree to use this application in a respectful and civilized manner. The following activities are strictly prohibited:

• Posting, transmitting, or storing any content that is obscene, violent, hateful, threatening, or otherwise offensive.
• Harassing, bullying, or abusing other users.
• Impersonating others or otherwise deceiving others.
• Infringing on the intellectual property rights or other rights of others.
• Spreading viruses or other malicious software.
• Attempting to disrupt or interfere with this application or its infrastructure.

Content Review

We reserve the right to remove any content that violates these terms of service, and may ban users who violate these rules from using this application. Users are required to agree to the End User License Agreement (EULA), and these terms must explicitly state that inappropriate content or the abuse of users is not allowed.

ADDITIONAL TERMS AND POLICIES

A diverse range of services and features are available within or via Artivex, and not all of these services and features are operated by us. There are additional terms and policies that may be applicable to your use of all or part of Artivex (the "Additional Terms"). For those services and features that we operate on, we will notify you of the Additional Terms from time to time, including as set out in this section and otherwise from time to time within Artivex. These Additional Terms all form part of and are incorporated into these Terms.

If you are using any services or features operated by a third party, your use of those services or features will be subject to the terms that apply to that particular service. Please contact the relevant third party if you are unsure what terms apply to that particular service.

CHANGES

We may make changes to these Terms (and any applicable Additional Terms) over time (for example, to reflect technical improvements and changes to Artivex (for example, to address a security threat) or applicable laws and regulations (for example, to reflect applicable consumer rights)), so please come back and review these Terms regularly.

Where we consider that such changes are material, we will (where reasonably practicable) notify you (on this page or the relevant page for the relevant additional terms or policy, via the Artivex app, by direct communication to you, or other means), prior to such changes becoming effective. By continuing to use Artivex after we make any changes to these Terms, you are agreeing to be bound by the revised Terms.

CHANGES TO Artivex

As Artivex and user experiences are constantly evolving, we may from time to time:

• add, change or remove features or services from Artivex (including in relation to whether a feature or service is free of charge or not); and/or
• suspend, discontinue or terminate Artivex altogether.

You agree that we may take such actions at any time. Where we consider that any changes to Artivex or any services or features accessible within Artivex are reasonably material, we will (where reasonably practicable) notify you (via http://artivex.ai, direct communication to you, on this page or the relevant page for the relevant additional terms or policy, or other means), prior to such changes becoming effective.

YOUR ACCOUNT

You need to create an account with us in order to access and use Artivex. Any account that you open with us is personal to you and you are prohibited from gifting, lending, transferring or otherwise permitting any other person to access or use your account. Your account name, user ID and other identifiers you adopt within Artivex remains our property and we can disable, reclaim and reuse these once your account is terminated or deactivated for whatever reason by either you or us.

You are responsible for:

• a. safeguarding your account details, including any passwords used to access your account and Artivex, and
• b. all use of Artivex under your account, including any purchases made and/or payment obligations arising under your account. We will regard all use of your account on Artivex as being by you, except where we have received a valid and properly received notification to us regarding your account or password being compromised.

We may allow you to register for and login to Artivex using sign-on functionalities provided by third party platforms, such as Facebook or Apple. You agree to comply with the relevant third party platform's terms and conditions applicable to your use of such functionalities (in addition to these Terms).

SUBSCRIPTIONS & CONTENT PURCHASES

From time to time, certain products or services within Artivex may be subject to payment (including for the provision of Artivex or provision of certain additional features within Artivex). We may set out further terms applying to such payments (including in relation to refunds (if any), billing arrangements and any consequences of failing to make timely payments). You must comply with all such terms in relation to your payments to us for such products or services. You agree that you are solely responsible for all fees and taxes associated with any such payments. and that pricing and availability of items and products are subject to change at any time.

If such products or services are subject to automatic, recurring or subscription-based charges, then you agree that (subject to applicable laws and regulations):

• Such purchases or payments are generally made by you on an advance basis. Unless the purchase is on a subscription basis, we will notify you prior to any automatic renewals;
• you authorise us to: (a) save your chosen payment method's information (e.g. credit card information) on our systems; and (b) bill your chosen payment method for the relevant time-periods as chosen by or notified to you;
• if any payment made via your chosen payment method is rejected, denied or returned unpaid for any reason: (a) we may not provide you with, or suspend our provision of, the relevant Artivex product or service until payment is properly processed; and (b) you are liable to us for any fees, costs, expenses or other amounts we incur arising from such rejection, denial or return (and we may automatically charge you for such amounts); and
• We will provide you with further instructions within Artivex regarding how you may update or cancel the relevant payment method.

We may change any fees that we charge for Artivex (or any parts of Artivex) at any time upon publication within Artivex. If you do not accept such change to the fees, we may be unable to provide Artivex (or the relevant part of Artivex) to you.

SUBJECT TO MANDATORY APPLICABLE LAWS AND REGULATIONS OR AS OTHERWISE SPECIFIED BY US IN THESE TERMS OR FOR A PARTICULAR ITEM OR SERVICE WITHIN Artivex, IN NO CIRCUMSTANCES WILL WE BE REQUIRED TO PROVIDE A REFUND FOR ANY PAYMENTS MADE BY YOU TO US IN RELATION TO ANY ITEMS OR SERVICE WITHIN Artivex (WHETHER USED OR UNUSED).

If you believe that we have charged you in error, and subject to applicable laws and regulations:

• a. You must contact us within 30 days of the date of the relevant charge; and
• b. no refunds will be given for any erroneous charges after such 30 days period. We may process payments from you in Artivex via a third party service, and we may provide your relevant Information to such third parties to process your payments. You agree to comply with that relevant third party's terms and conditions in relation to the payment processing service, as further set out in the "Third Party Content and Services" section below.

YOUR CONTENT

When you submit, upload, transmit or display any data, information, media or other content in connection with your use of Artivex (“Your Content”), you understand and agree that:

• You will continue to own and be responsible for your content;
• we will not sell Your Content to any third party;
• you are giving us and our affiliate companies a perpetual, non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to use Your Content (with no fees or charges payable by us to you) for the purposes of providing, promoting, developing and trying to improve Artivex and our other services, including new services that we may provide in the future. All such uses will, to the extent your content contains personal information, be in accordance with our Artivex Privacy Policy. As part of this licence, we and our affiliate companies may, subject to the Artivex Privacy Policy, copy, reproduce, host, store, process, adapt, modify, translate, perform, distribute and publish Your Content worldwide in all media and by all distribution methods, including those that are developed in the future;
• you grant other Artivex users a non-exclusive licence to access and use your content within Artivex, in accordance with these Terms and Artivex's functionalities;
• We may share your content with third parties that we work with to help provide, promote, develop and improve Artivex in accordance with the Artivex Privacy Policy;
• We may use the name that you submit in connection with your content (whether that be your account name, real name or otherwise); and
• you will comply with these Terms, including our Artivex Acceptable Use Policy, in your submission of Your Content.