When you use our Services you agree to these contractual terms and our Privacy Policy.
Please carefully review this Terms of Service Agreement (“Agreement”), and Privacy Policy, because by visiting, accessing, downloading or using our App (described below) you are agreeing to a legally binding contract. Your continuing visits, access, or use of our App reaffirms your acceptance and agreement in each instance. If you do not agree to this Agreement, do not visit, access, download or use our App. You can terminate this Agreement at any time by logging out and no longer visiting, accessing or using our App.
You must be at least 13 years of age to access and use the App. If you are at least 18 years of age but below 13 years of age or such other age of majority required for this Agreement to be binding and enforceable against you and not voidable (“Age of Majority”), your parent or legal guardian must grant permission for you to access the App. Parents and legal guardians who permit their child/ward to access the App guarantee the compliance by the child/ward with the obligations under this Agreement.
Cygnus Space (Hong Kong) Company Limited (“Artguru” or “We”) provides and operates the Artguru AI (the “App”). The App allows you to create, up-load and/or share certain qualified contents in the form of various categories including but not limited to picture, photograph, script, cartoon and/or wording. BY USING THE APP, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THE TERMS. If you have any questions about these Terms or Artguru AI, please contact us via an email support@artguru.ai .
Changes to this Agreement apply to your use of our App after the effective date. Artguru may change this Agreement and/or our Privacy Policy at any time. Artguru will notify you of a change through our App, such as when you next log-in, or by other means. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the App. If you choose not to accept any new terms, You may log out and/or discontinue using our App. You acknowledge that continued use of our App after we post or send notice of the changes means that you agree to the new terms and that your personal data is subject to any updated policies.
We may change, suspend, or terminate your use of the App at our discretion. Artguru may change, suspend or terminate your use of the App with or without cause or notice to you, including, without limitation, if Artguru believes that you have violated or acted inconsistently with the Agreement. In the event of termination, all your representations, warranties, indemnifications, and promises shall survive. Furthermore, section 15 「Choice of Law, Venue, Claim Resolution and Class Action Waiver」 will continue to govern any claim or dispute. We may, but do not promise to store or keep any content that you have provided or created. Artguru SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY(S) FOR ANY LOSS OR DAMAGE THAT IS CAUSED BY OR ARISES FROM OR IN CONNECTION WITH ANY SUCH DISCONTINUATION OF APP (INCLUDING, WITHOUT LIMITATION AND BY WAY OF EXAMPLE ONLY, REFUNDS, LOST PROFITS, LOST OPPORTUNITIES, MONETARY DAMAGES, DISRUPTION IN OR LOSS OF SERVICE, OR LOSS OF CONTENT).
To use our App, you must (1) be at least 13 years of age and (2) be either old enough to lawfully enter into this Agreement yourself or have your parent or legal guardian do so. THE APP IS AVAILABLE ONLY TO INDIVIDUALS AGED 13 YEARS OF AGE OR OLDER. IF YOU ARE 13 OR OLDER, BUT UNDER THE APPLICABLE AGE OF MAJORITY IN YOUR STATE OR JURISDICTION OF RESIDENCE, THEN YOU AGREE TO REVIEW THIS AGREEMENT WITH A PARENT OR LEGAL GUARDIAN TO MAKE SURE YOU AND YOUR PARENT OR LEGAL GUARDIAN UNDERSTAND AND AGREE TO THIS AGREEMENT. IF YOU ARE THE PARENT OR LEGAL GUARDIAN AGREEING TO THE AGREEMENT FOR YOUR CHILD OVER 13 YEARS OF AGE, THEN YOU AGREE ON YOUR CHILD’S BEHALF AND FURTHER AGREE AND ACCEPT FULL RESPONSIBILITY FOR YOUR CHILD’S USE OF THE APP. Artguru DOES NOT ENCOURAGE, SOLICIT, OR PERMIT VISITORS TO THE APP WHO ARE UNDER THE AGE OF 13.
Artguru AI is an application that uses artificial intelligence algorithms to generate photos and videos. The App allows you to create images from wording descriptions.
From time to time and without prior notice to you, we may change, expand, and improve the App. We may also, at any time, cease to continue operating part or all of the App or selectively disable certain features of the App. Your use of the App does not entitle you to the continued provision or availability of the App. Any modification or elimination of Artguru or any particular features will be done at our sole discretion.
You agree to only use our App for personal reasons and not, for example, to compete with us. You represent and warrant that the information you provide to Artguru is accurate, true, not confidential, and not in violation of any contractual obligations or other third party rights. You agree that it is your responsibility to keep your information accurate and updated. You represent and warrant that you are not a competitor of Artguru and are not using the App in competition with Artguru. You further represent and warrant that you are using the App solely for personal reasons and that you are not an attorney or an agent of an attorney conducting an investigation to a potential claim related to the App, any materials available through the App, or Artguru.
4.1 USER CONTENT
Artguru may allow you to upload, edit, create AI-generated, store, and share content, including your photos and videos (“User Content”). We do not claim ownership over your User Content, including AI-generated content you create Using Artguru.
We want you to enjoy the functionality of Artguru seamlessly. Therefore, we would require a permit (called a license and referenced as a “Company License” explained further) to use your User Content downloaded from and stored within the application. We would like to highlight that the Company license is limited to the purpose of our usage of your User Content and the parties we might share this User Content with. We do not sell any of your User Content with any third parties and use it for ensuring the appropriate functionality of the application only.
Therefore, solely for the purposes of operating or improving Artguru, you grant us a time-limited, revocable, non-exclusive, royalty-free, worldwide, fully-paid, transferable, sub-licensable license to use, reproduce, modify, distribute, create derivative works of your User Content, without any additional compensation to you and always subject to your additional explicit consent for such use where required by applicable law and as stated in our Privacy Policy. The Company License is for the limited purpose of operating Artguru and improving our existing and new products, unless you have provided us your additional explicit consent for the different purposes where required by applicable law. The Company License is time-limited in the sense that it automatically terminates when you delete the User Content from Artguru’s library or by logging out with deletion of data associated with it. Moreover, the Company License in relation to User Content you upload to Artguru to generate images is automatically terminated when your AI-generated content is ready.
You acknowledge and agree that our use of your User Content will not result in any injury to you or to any person you authorized to act on your behalf.
You represent and warrant that: (i) you own the User Content edited and adjusted by you on or through Artguru or otherwise have the right to grant the rights and licenses set forth in these Terms; (ii) you agree to pay for all royalties, fees, and any other monies owed by reason of the User Content you intend to edit and adjust on or through Artguru and approve to us that any usage of third-party User Content is otherwise cleared by you with the respective rightholder; (iii) in case the User Content depicts third parties, you have received all the necessary consents from them to upload it to Artguru; and (iv) you have the legal right and capacity to enter into these Terms in your jurisdiction.
You must not create, store or share any User Content that violates these Terms or to which you do not have all the rights necessary to grant us the Company License described above. You, furthermore, agree to indemnify, defend and hold Artguru harmless for any unauthorized use of third-party User Content you might commit (both intentionally or unintentionally) in accordance with Section 14 「Indemnification」 of these Terms.
You acknowledge that Artguru is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that we may place such advertisements and promotions on Artguru or in conjunction with your User Content. The manner, mode and extent of such advertisements and promotions are subject to change without specific notice to you. We will not be liable to you for any modification, suspension or discontinuation of Artguru, or the loss of any User Content, if this loss occurs outside of our control (e.g., due to a security breach). However, we hereby commit to informing you of such a security incident in accordance with our Privacy Policy.
4.2 GENERATIVE AI FEATURES
The App enables you to use the AI Image Generator feature that implements generative artificial intelligence model or tool (the “Generative AI Feature”). The Generative AI Feature may allow you to insert or upload as input text, images or other content (“Input”). Based on the Input, you may generate and receive as output content such as images or video (“Output”). Your Input and Output are considered User Content under these Terms and, as between you and us, your Input and Output are yours.
Without limiting section 「Inappropriate Content.」, when
using Generative AI Feature, you will not, and will not permit any
person accessing the App using your device to do any of the
following:
•
Upload, generate, or distribute content that facilitates the
exploitation or abuse of children, including all child sexual abuse
materials and any portrayal of children that could result in their
sexual exploitation;
•
Upload, generate, or distribute content that contains or promotes
sexually explicit content or profanity, including pornography, or any
content or services intended to be sexually gratifying;
•
Perform or facilitate dangerous, illegal, or malicious activities,
including (a) facilitation or promotion of illegal activities or
violations of law, (b) abuse, harm, interference, or disruption of
services (such as spam, phishing, or malware), (c) attempts to
override or circumvent safety filters or intentionally drive the
Generative AI Feature to act in a manner that contravenes these Terms
or other applicable policies, (d) generation or distribution of
content that may harm or discriminate against individuals or a group,
or promote any of the foregoing, and (e) generation or distribution of
content intended to misinform, misrepresent, mislead, exploit, or harm
others;
•
Upload, generate, or distribute content that encourages the illegal or
inappropriate use of alcohol, tobacco, drugs, or the use of
explosives, firearms, ammunition or certain firearms accessories;
•
Upload, generate, or distribute content that promotes violence or
incite hatred against individuals or groups based on race or ethnic
origin, religion, disability, age, nationality, veteran status, sexual
orientation, gender, gender identity, caste, immigration status or any
other characteristic that is associated with systemic discrimination
or marginalization; or
•
Upload, generate, or distribute content that depicts gratuitous
violence or other dangerous activities.
4.3 IN-APP PURCHASE AND PAYMENT
4.3.1 The release and distribution of the App will take place in the global market through the Apple App Store. The App will nevertheless offer certain features and certain limits to the User as a paid feature through in-app purchase. If the User would like to use such paid features under this Agreement, you will first need to make payment before accessing the paid feature.
4.3.2 Such in-app purchase features may be offered on an annual, monthly, weekly or other basis and will be re-billed every year, month or week by the Apple App Store until cancelled by the User. App Payments will be processed through the Apple App Store. You may access the applicable in-app purchase rules and policies directly from the Apple App Store. You acknowledge and agree that you are fully responsible for managing your in-app purchases and the amount you spend on in-app purchase within the App.
4.3.3 Please be aware that, in order to purchase content or the App through Apple App Store, you are required to have an Apple App Store account and agree to the Terms of Service. The Apple App Store Privacy Notice applies whenever you purchase content using an Apple App Store account. You are responsible for all amounts payable associated with purchases made through the Apple App Store on your account. Besides, the Apple App Store may make available to you various payment processing methods in addition to the Apple Payments to facilitate the purchase of content or the App through the Apple App Store. You are required to abide by any relevant terms and conditions or other legal agreement that governs your use of a given payment processing method. The Apple App Store may add or remove payment processing methods at its sole discretion. You are solely responsible for all amounts payable associated with purchases you make on the Apple App Store.
4.3.4 If you are under 18 then you are legally required to have your parents’ or legal guardians’ permission to make any in-app purchases. By completing an in-app purchase, you are confirming to us that you have any and all permission that may be necessary in order to allow you to make that in-app purchase. If you are a parent or legal guardian of someone under the age of 18, we recommend that you consider any parental control that may be provided by the Apple App Store, provided that you are concerned that your child may make excessive in-app purchases.
4.3.5 The in-app purchases are purchased from and billed by the Apple App Store, not Artguru. These purchases are subject to the terms and conditions of the Apple App Store. All billing and refund inquiries shall be directed to the Apple App Store. Having said that, Artguru does not have access to the Apple App Store accounts and transactions.
4.3.6 If any in-app purchase is not successfully downloaded or does not work once it has been successfully downloaded, we will, after becoming aware of fault or being notified of the fault by you, investigate the reason for the fault. We will act reasonably in deciding whether to provide you with a replacement in-app purchase or issue you with a patch to repair the fault. In no event we will charge you anything further to replace or repair the in-app purchase. In the unlikely event that we are unable to replace or repair the relevant in-app purchase or are unable to do so within a reasonable period of time and without significant inconvenience to you, we will authorize the Apple App Store to refund you an amount up to the cost of the relevant in-app purchase. Alternatively, if you wish to request a refund, you may do so by contacting the Apple App Store directly.
4.3.7 You acknowledge and agree that all billing and transaction processes are handled and governed by the Apple App Store’s terms and conditions/end user license agreement. If you have any payment related issues with in-app purchases, then you need to contact the Apple App Store directly.
We may provide user support. Artguru reserves the right at any time to discontinue, cancel, or modify the technical support provided, if any.
You agree to receive messages from us, including marketing materials. You agree to receive messages, including notices and marketing materials, through the App or through your contact information, such as email. It is your responsibility for ensuring that Artguru has your current email address at all times. Any notice sent to you via such email address by Artguru shall be deemed given, received, and read by you, whether or not it actually is received and/or read.
We may provide relevant content to you and others based on automated processing. Our Services include making suggestions for content that may be interesting to you and others. We use the data you provide and the data we have about other users, to make these recommendations.
Subject to your compliance with these Terms and your payment of the applicable subscription fees, we hereby grant you, for your personal and non-commercial purposes, a limited, revocable, non-transferable, non-sublicensable, non-exclusive license to use the App and to download and install a copy of the App provided to you by us or on our behalf on a permitted device that you own or control.
Except as expressly permitted by these Terms and the terms applicable to the Apple App Store, you cannot: (a) rent, lease, lend, sell, distribute, sublicense, or otherwise transfer or make available the App; or (b) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, alter, mimic, adapt, translate, or create derivative works of the App, any updates, content or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open source components included with the App).
Our App includes content from third parties such as Influencers and Merchants, which we do not control. We disclaim any liability for such content. You understand that Artguru does not accept any liability whatsoever for any harm that might result from any statements presented on the App, including statements and opinions on the App, products viewed via the App, or third-party advertisements or services posted or linked through the App. You understand that any statements by Artguru, its employees, agents, and affiliates are provided for informational purposes only. Artguru reserves the right to discontinue the App or to change the content of the App in any way and at any time, with or without notice to you, and without liability. Artguru makes no predictions, warranties, or guarantees, express or implied, about the quality of any of the products or services advertised, offered, or provided by any Merchant, statements made by any Influencer, or other individual, company, or service provider utilizing the App or featured on the App and assumes no liability related thereto.
You agree not to copy our App, circumvent our security, or otherwise engage in prohibited conduct. You agree that systematic retrieval of data from the App to create or compile directly or indirectly, in whole or in part, a collection, compilation, database or directory without the express written permission of Artguru is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our App or the content contained herein. You may not engage in the practices of “screen scraping,” “database scraping,” or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from the App, in any manner or in any quantities not authorized by Artguru. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Artguru or its affiliates without prior express written consent. You may not use any meta tags or any other “hidden text” utilizing Artguru’s name or trademarks without our express written consent. You agree that you will not use any device, software or routine to bypass any code which may be included to prevent you from breaching the obligations in this Section or to interfere or attempt to interfere with the proper working of the App. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our or our host’s infrastructure. You agree that you will not knowingly provide false information to sabotage or otherwise negatively affect the App. You agree you will not reverse engineer, disassemble or decompile any Artguru prototypes or software, nor any other systems, information, materials or objects which are provided to you or to which you are granted access hereunder. You agree to be bound by any application, forum, or specific rules published within the App.
You agree not to post or behave inappropriately. We reserve the right to determine if a post or act is offensive. You may not upload or use inappropriate Content in connection with the App. Inappropriate Content includes anything Artguru, in its sole discretion, determines to be offensive or inappropriate for inclusion or use on the App. It includes, without limitation, Content that:
Violating this Agreement may lead to you being immediately and permanently banned, with notification to your Internet Service Provider if deemed necessary. Artguru may take reasonable measures to expeditiously remove from our App any infringing material that we become aware of. It is Artguru’s policy, in appropriate circumstances and at its discretion, to disable or terminate the accessibility of the App of users who repeatedly infringe copyrights or intellectual property rights of others.
Your decision to access Linked Technologies is at your own risk. We are not responsible for third party activities. The App may contain links to third party sites, networks, platforms or apps (“Linked Technologies”), including advertisers. However, please be aware that Artguru is not responsible for and cannot control the terms of service or privacy policies of such other Linked Technologies. We encourage you to be aware when you leave the App, and to read the applicable agreements for each and every Linked Technologies. The Agreement applies solely to these Services. Artguru is not responsible for and makes no representations or warranties regarding Linked Technologies, including without limitation, the content, accuracy, opinions, functionality, or services provided in such Linked Technologies. Inclusion of any Linked Technologies on the App does not imply approval or endorsement by Artguru. If You decide to access any Linked Technologies, then You do so at your own risk.
We own our intellectual property and only provide you a limited license to use our App per this Agreement. You do not acquire any ownership rights by using our App. Unless otherwise specified, all materials that are part of the App are owned, controlled, or licensed by Artguru and are protected by law from unauthorized use. The entire contents of the App are protected under copyright, patent, trademark, and/or other intellectual property laws. Artguru, the Artguru logos, and all designs are trademarks and/or trade dress of Artguru and may not be used without the express written permission of Artguru. All other trademarks appearing on the App are the property of their respective owners. You do not acquire any ownership rights by using the App or downloading material from or uploading material to the App. You agree not to (and shall not allow any third party to) reproduce, distribute, publish, prepare derivative works, publicly perform, publicly display, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer or exploit any right in the App, in whole or in part, except as expressly permitted herein. The limited licenses granted herein do not constitute a sale of the App, or any portion or copy thereof. RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY Artguru. You agree to only use the App as expressly permitted herein.
If you provide us feedback or ideas, then we may use or discard them at our discretion and without liability. All comments, feedback, suggestions, ideas, and other submissions (“Ideas”) disclosed, submitted, or offered to Artguru in connection with the use of the App shall be the exclusive property of Artguru. Such Ideas will be non-confidential and Artguru shall have no obligations to you, contractual or otherwise. You agree that Artguru may use, sell, exploit and disclose the Ideas in any manner, for any purpose whatsoever, commercial or otherwise, without restriction, without attribution and without compensation to you.
10.1 If you believe that your copyright has been infringed by a third party on our App, then please follow this take down procedure. It is our policy to respond to notices of alleged infringement that comply with the relevant copyright laws and/or regulations You may notify us of alleged infringement of intellectual property rights by contacting our Designated Agent at: support@artguru.ai.
10.2 Upon receipt of notice of claimed infringement, we will follow the procedures specified in relevant laws to resolve the claim between the notifying party and the alleged infringer who provided the content at issue. Please do not send any other communications to the Designated Agent, who is appointed solely for the purposes of receiving notices of copyright claims under the laws.
We may assign our rights and obligations, but you may not. Artguru may assign its rights and obligations under this Agreement freely. You may not assign any rights or obligations under this Agreement without Artguru’s written consent.
We disclaim any warranties for our App and provide them AS IS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK. THE APP ARE PROVIDED ON AN “AS IS”, “WHERE IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT ALLOWED BY LAW, Artguru AND ITS OFFICERS, AGENTS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS (THE “Artguru PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, QUALITY, PERFORMANCE, NON-INTERFERENCE WITH INFORMATION, AND ACCURACY OF INFORMATIONAL CONTENT. THERE IS NO WARRANTY THAT INFORMATION PROVIDED HEREUNDER, OUR EFFORTS, OR THE APP WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. Artguru PARTIES NEITHER ASSUME NOR AUTHORIZE ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE AND USE OF THE APP. Artguru PARTIES ASSUME NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, THE APP OR ANY USER COMMUNICATIONS. Artguru PARTIES ARE NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE APP, WHETHER CAUSED BY USERS OF THE APP OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE APP. Artguru PARTIES MAKE NO WARRANTY THAT YOUR USE OF THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THE INFORMATION OR RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APP WILL BE ACCURATE OR RELIABLE; OR THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE APP WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE Artguru PARTIES OR THROUGH THE APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THIS SECTION MAY NOT APPLY TO YOU.
This is the limit of our legal liability to you, if any. WHEN PERMITTED BY LAW, Artguru PARTIES, TOGETHER WITH ANY THIRD PARTIES THAT MAY CONTRIBUTE TO OR BE AFFILIATED WITH THE APP, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THE FOREGOING PROVISION MAY HAVE THE EFFECT TO LIMITING THE LIABILITY OF THE Artguru PARTIES FOR THEIR OWN NEGLIGENCE, INCLUDING THEIR OWN GROSS NEGLIGENCE. IF YOU ARE DISSATISFIED WITH THE APP, OR ANY OF THE INFORMATION CONTAINED THEREON, OR REFUSE TO ABIDE BY THE AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE. NOTWITHSTANDING THE FOREGOING, TO THE EXTENT PERMITTED BY LAW, Artguru PARTIES’ TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT YOU PAID TO USE THE APP. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN LIABILITIES, SO SOME OR ALL OF THIS SECTION MAY NOT APPLY TO YOU.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS Artguru PARTIES, TOGETHER WITH ANY THIRD PARTIES THAT MAY CONTRIBUTE TO OR BE AFFILIATED WITH THE APP, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, ATTORNEYS’ FEES, EXPENSES, AND SETTLEMENTS, WHETHER GROUNDED IN CONTRACT, TORT, STATUTE, LAW OR EQUITY, INCLUDING WITHOUT LIMITATION CLAIMS ARISING FROM OR RELATED TO YOUR USE OF THE APP OR YOUR INABILITY TO USE THE APP, THE MATERIALS THE APP CONTAIN, ANY SITES OR APPLICATIONS LINKED TO THE APP ANY ALLEGED VIOLATION OF THE AGREEMENT, AND ANY ALLEGED VIOLATION OF THE RIGHTS OF A THIRD PARTY. THE FOREGOING PROVISION MAY HAVE THE EFFECT TO PROVIDING INDEMNITY TO THE Artguru PARTIES LIABILITY AND DAMAGES ARISING FROM THEIR OWN NEGLIGENCE, INCLUDING THEIR OWN GROSS NEGLIGENCE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN INDEMNIFICATIONS, SO SOME OR ALL OF THIS SECTION MAY NOT APPLY TO YOU.
If there is ever a legal dispute between us, then we agree to resolve it in Hong Kong Court with qualified jurisdiction using Hong Kong laws. The laws of Hong Kong, without application of conflict of law provisions, will apply to any disputes arising out of or relating to this Agreement or the App. Any dispute must be raised within two (2) years after the date the cause of action arose. Failure to provide the written documentation within this timeframe will render all claims related to the dispute null and void. You further agree not to join in any lawsuit with another person or serve as a class representative of any class action lawsuit against Artguru.
Parties shall not have any liability for any failure to perform obligations under this Agreement if such failure is caused by fire, flood, natural disaster, epidemic, act of God, strike, civil unrest, riot, insurrection, revolution, war, terrorism, lack or failure of suppliers or transportation facilities, failure of utilities or telecommunications, failure of third party software, law or governmental regulation or other cause or event which is of a magnitude or a type beyond the reasonable control of Artguru Parties or such other party.
If any provision of the Agreement is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any of the remaining provisions will not in any way be affected or impaired and a valid, legal, and enforceable provision of similar intent and economic impact will be substituted therefore. Artguru’s failure to require or enforce strict performance of any provision or to exercise any right under the Agreement shall not be construed as a waiver of any such provision or right. The headings appearing at the beginning of each section are for identification and reference purposes only and shall not be used to determine the construction or interpretation of the Agreement.
If you purchase one of our pricing plans and become “Artguru AI Pro”, you are granted a limited, non-exclusive, non-transferable, and revocable license to use the content and features provided under your subscription plan for commercial purposes, subject to the terms outlined in this agreement.
16.1 As between the parties, subject to your compliance with the Agreement and your payment of applicable subscription fees, we hereby grant you the limited, revocable, non-transferable, non-sublicensable, non-exclusive commercial license to use Artguru AI. When utilizing the User-generated Content, we kindly request that you inform viewers that the content was created using AI technology.
16.2 The User-generated Content is based on machine learning models and may resemble publicly available data. We make no guarantees regarding the originality, exclusivity, or ownership of any User-generated Content.
16.3 You acknowledge that if you don't qualify as a consumer under applicable law, all provisions of the Terms applicable to consumers and setting for rights or different conditions for consumers don't apply to you and shall be deemed deleted altogether.
This covers how to contact us. Any notices or communications sent by you to Artguru pursuant to this Agreement must be in Email to the following address: support@artguru.ai .
Effective date: 16 Dec, 2024