Terms & Conditions

Terms of Service for Artwand

Effective Date: January 18th, 2022

Welcome to Artwand ("Company", "we", "our", "us")!These Terms of Service ("Terms", "Terms of Service") govern your use of our website located at https://www.artwand.ai (referred to collectively as "Service") operated by Artwand.

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard, and disclose information that results from your use of our web pages.Your agreement with us includes these Terms and our Privacy Policy ("Agreements").

You acknowledge that you have read and understood these Agreements and agree to be bound by them.

If you do not agree to (or cannot comply with) these Agreements, then you may not use the Service. Please let us know by emailing info@artwand.ai so we can try to find a solution. These Terms apply to all visitors, users, and others who wish to access or use the Service.

1. Communications
By using our Service, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. However, you may opt out of receiving any or all of these communications from us by following the unsubscribe link or by emailing info@artwand.ai.

2. Purchases
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information including, but not limited to, your credit or debit card number, card expiration date, billing address, and shipping information. You represent and warrant that:
(i) you have the legal right to use any card(s) or other payment method(s) in connection with any Purchase; and
(ii) the information you supply is accurate, complete, and current.We may use third-party services for facilitating payment and completing Purchases. By submitting your information, you grant us the right to provide the information to these third parties, subject to our Privacy Policy. We reserve the right to refuse or cancel your order at any time for reasons including, but not limited to: product or service availability, errors in the description or price, errors in your order, or suspected fraud or unauthorized or illegal transaction.

3. Contests, Sweepstakes, and Promotions
Any contests, sweepstakes, or other promotions (collectively, "Promotions") made available through the Service may be governed by rules separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, the Promotion rules will apply.

4. Subscriptions
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set based on the type of subscription plan you select.At the end of each Billing Cycle, your Subscription will automatically renew under the same conditions unless you cancel it or Artwand cancels it. You may cancel your Subscription renewal through your online account management page or by contacting our customer support team at info@artwand.ai. Providing accurate and complete billing information is required, including full name, address, state, postal or zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize Artwand to charge all Subscription fees incurred through your account to any such payment instruments.If automatic billing fails for any reason, Artwand reserves the right to terminate your access to the Service immediately.

5. Free Trial
Artwand may, at its sole discretion, offer a Subscription with a free trial for a limited period ("Free Trial"). The duration of the Free Trial will be specified at the time of signing up. You may need to enter your billing information to sign up for the Free Trial. If you enter your billing information, you will not be charged until the Free Trial expires. On the last day of the Free Trial, you will be automatically charged the applicable Subscription fees unless you cancel your Subscription. Artwand reserves the right to modify or cancel the Free Trial offer at any time without notice.

6. Fee Changes
Artwand, in its sole discretion, may modify Subscription fees for the Subscriptions. Any fee changes will become effective at the end of the current Billing Cycle. Artwand will provide you with reasonable prior notice of any change in fees to give you an opportunity to terminate your Subscription before such changes become effective. Continued use of the Service after the fee change constitutes your agreement to pay the modified fee amount.

7. Refunds
Once your subscription starts, you cannot get a refund for any payments already made. If you no longer wish to subscribe, cancel your subscription.

8. Content
Our Service allows you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other materials ("Content"). You are responsible for the Content you post on or through the Service, including its legality, reliability, and appropriateness. By posting Content on or through the Service, you represent and warrant that:
(i) you own the Content and/or have the right to use it and grant us the rights and licenses as provided in these Terms, and
(ii) your Content does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity.We reserve the right to terminate the account of anyone found to be infringing on a copyright. You retain any and all of your rights to any Content you submit, post, or display on or through the Service and are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. By posting Content using the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content. You agree that this license includes the right for us to make your Content available to other users, who may also use your Content subject to these Terms. Artwand has the right, but not the obligation, to monitor and edit all Content provided by users.In addition, Content found on or through this Service is the property of Artwand or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content for commercial purposes or personal gain without express written permission from us.

9. Prohibited Uses
You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

9.1. In any way that violates any applicable national or international law or regulation.
9.2. For the purpose of exploiting, harming, or attempting to exploit or harm minors by exposing them to inappropriate content or otherwise.
9.3. To transmit or procure the sending of any advertising or promotional material, including "junk mail", "chain letters", "spam", or any other similar solicitation.
9.4. To impersonate or attempt to impersonate Artwand, a Artwand employee, another user, or any other person or entity.
9.5. In any way that infringes upon the rights of others or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
9.6. To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm or offend Artwand or users of the Service or expose them to liability.Additionally, you agree not to:
9.7. Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of the Service.
9.8. Use any robot, spider, or other automatic devices, process, or means to access the Service for any purpose, including monitoring or copying any material on the Service.
9.9. Use any manual process to monitor or copy any material on the Service without prior written consent.
9.10. Use any device, software, or routine that interferes with the proper working of the Service.
9.11. Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
9.12. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.
9.13. Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
9.14. Take any action that may damage or falsify Artwand's rating.
9.15. Attempt to interfere with the proper working of the Service.

10. Analytics
We may use third-party Service Providers to monitor and analyze the use of our Service.

11. No Use By Minors
The Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using the Service, you warrant and represent that you are at least eighteen (18) years old and have the full authority, right, and capacity to enter into this agreement and abide by all the Terms and conditions. If you are not at least eighteen (18) years old, you are prohibited from using the Service.

12. Accounts
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark subject to rights of another person or entity without appropriate authorization. You may not use a username that is offensive, vulgar, or obscene. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

13. Intellectual Property
The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of Artwand and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks may not be used in connection with any product or service without our prior written consent.

14. Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity. If you are a copyright owner or authorized on behalf of one and believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to info@artwand.ai with the subject line: "Copyright Infringement" and include a detailed description of the alleged Infringement. You may be held accountable for damages, including costs and attorneys’ fees, for misrepresentation or bad-faith claims on the infringement of any Content found on or through the Service.

15. DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
15.1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
15.2. A description of the copyrighted work that you claim has been infringed.
15.3. Identification of the URL or other specific location on the Service where the material you claim is infringing is located.
15.4. Your address, telephone number, and email address.
15.5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
15.6. A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.You can contact our Copyright Agent via email at info@artwand.ai.

16. Error Reporting and Feedback
You may provide us with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service ("Feedback") via email at info@artwand.ai. You acknowledge and agree that: (i) you shall not retain, acquire, or assert any intellectual property right or other rights, title, or interest in or to the Feedback; (ii) Artwand may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Artwand is not under any obligation of confidentiality with respect to the Feedback. If the transfer of ownership of the Feedback is not possible due to applicable mandatory laws, you grant Artwand and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sublicensable, unlimited, and perpetual right to use (including copying, modifying, creating derivative works, publishing, distributing, and commercializing) Feedback in any manner and for any purpose.

17. Links To Other Websites
Our Service may contain links to third-party websites or services not owned or controlled by Artwand. Artwand has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites. YOU ACKNOWLEDGE AND AGREE THAT ARTWAND SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS, OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD-PARTY WEBSITES OR SERVICES. WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD-PARTY WEBSITES OR SERVICES THAT YOU VISIT.

18. Disclaimer Of Warranty
THESE SERVICES ARE PROVIDED BY ARTWAND ON AN “AS IS” AND “AS AVAILABLE” BASIS. ARTWAND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.NEITHER ARTWAND NOR ANY PERSON ASSOCIATED WITH ARTWAND MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER ARTWAND NOR ANYONE ASSOCIATED WITH ARTWAND REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. ARTWAND HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

19. Limitation Of Liability
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD ARTWAND AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF ARTWAND HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF ARTWAND, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

20. Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

21. Governing Law
These Terms shall be governed and construed in accordance with the laws of the United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and they supersede and replace any prior agreements we might have had between us regarding the Service.

22. Changes To Service
We reserve the right to withdraw or amend our Service, and any service or material we provide via the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.

23. Changes To Service
We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

24. Amendments To Terms
We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically. Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.

25. Waiver And Severability
No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision. If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

26. Acknowledgement
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

27. Contact Us
Please send your feedback, comments, and requests for technical support by email to info@ARTWAND.ai