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 registering, visiting, accessing, downloading or using our Services (described below) you are agreeing to a legally binding contract. Your continuing visits, access, or use of our Services reaffirms your acceptance and agreement in each instance. If you do not agree to this Agreement, do not register, visit, access, download or use our Services. You can terminate this Agreement at any time by closing your user account and no longer visiting, accessing or using our Services.
You must be at least 13 years of age to access and use the Services. 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 Services. Parents and legal guardians who permit their child/ward to access the Services guarantee the compliance by the child/ward with the obligations under this Agreement.
Wegital HK Limited (“Artguru”or “We”) provides and operates the website whose domain name is “artguru.ai" (the “Website”) (collectively the “Services”). The Services allow 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 WEBSITE, 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 Services 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 Services, 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 Website. If you choose not to accept any new terms, you may close your account and/or discontinue using our Services. You acknowledge that continued use of our Services 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 Services at our discretion. Artguru may change, suspend or terminate your use of the Services 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 16 「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, liked or posted. 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 SERVICES (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 Services, 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 SERVICES ARE 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 SERVICES. Artguru DOES NOT ENCOURAGE, SOLICIT, OR PERMIT VISITORS TO THE SERVICES WHO ARE UNDER THE AGE OF 13.
Artguru is a website based software that uses artificial intelligence algorithms to edit, modify and transform your photos and videos. The website allows you to (a) upload photos and videos onto application; (b) edit and modify uploaded photos and videos; (c) generate photos and videos. Any processing of photos or videos you submit through Artguru AI are governed by our Privacy Policy.
From time to time and without prior notice to you, we may change, expand, and improve the website. We may also, at any time, cease to continue operating part or all of the website or selectively disable certain features of the website. Your use of the website does not entitle you to the continued provision or availability of the website. Any modification or elimination of Artguru or any particular features will be done at our sole discretion.
You agree to only use our Services 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 Services in competition with Artguru. You further represent and warrant that you are using the Services 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 Services, any materials available through the Services, 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 (for the purposes of these Terms, the term “User Content” explicitly includes any AI-generated content you create by using the application).
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 uploaded to, 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 terminating your account 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 upload, edit, 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 15「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 Service may enable you to use certain features that implement one or more generative artificial intelligence models or tools (the “Generative AI Features”). The Generative AI Features may allow you to insert or upload as input text, images, video, audio or other content (“Input”). Based on the Input, you may generate and receive as output content such as text, images, video, or audio (“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 Features, you will not, and will not permit any
person accessing the Service using your account 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 Features 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-SERVICE PURCHASE AND PAYMENT
Artguru will offer certain features and certain limits to the User as a paid feature through in-service purchases. 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.
4.3.1 Pricing Plans
Such in-service purchase features may be offered on an annual, monthly, or other basis and will be re-billed every year or month, depending upon the auto-renewable pricing plans, until canceled by the User.
4.3.2 Payment Methods
Payments will be processed through Stripe which allows you to pay by credit card or link. You may access the applicable in-service purchase rules and policies directly from the Stripe. You acknowledge and agree that you are fully responsible for managing your in-service purchases and the amount you spend on in-service purchases within the Artguru.
Please be aware that, in order to purchase content on the Website, you are required to agree to Stripe's Terms of Service. The Stripe Privacy Notice applies whenever you purchase content on the Website through Stripe. Besides, Stripe may make available to you various payment processing methods to facilitate the purchase of content on the Artguru. You are required to abide by any relevant terms and conditions or other legal agreements of Stripe. And Stripe may add or remove payment processing methods at its sole discretion.
4.3.3 Eligibility
If you are under 18 (or such other age stipulated by the law applicable to your region), you are legally required to have your parents’ or legal guardians’ permission to make any in-service purchases. By completing an in-service purchase, you are confirming to us that you have any permission that may be necessary to allow you to make that in-service purchase.
4.3.4 Support
If you purchase content on the Website through Stripe and you have questions about the transaction, you could consult us by emailing us at support@artguru.ai. We will review your message carefully and get back to you as soon as possible.
If any in-service purchase is not successfully downloaded or does not work once it has been successfully downloaded, we will, after becoming aware of the 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-service 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-service purchase. In the unlikely event that we are unable to replace or repair the relevant in-service purchase or are unable to do so within a reasonable period of time and without significant inconvenience to you, we will refund you an amount up to the cost of the relevant in-service purchase.
4.3.5 Refund
Under certain circumstances, we may allow you to make a refund for unused services, please refer to our Refund Policy for details.
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 Services 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.
Our Services include 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 Services, including statements and opinions on the Services, products viewed via the Services, or third-party advertisements or services posted or linked through the Services. 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 Services or to change the content of the Services 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 Services or featured on the Services and assumes no liability related thereto.
You agree not to copy our Services, circumvent our security, or otherwise engage in prohibited conduct. You agree that systematic retrieval of data from the Services 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 web pages 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 Services, 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 Services. 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 Services. 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 Services.
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 Services. Inappropriate Content includes anything Artguru, in its sole discretion, determines to be offensive or inappropriate for inclusion or use on the Services. 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 Services 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 accounts of users of the Services 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 Services 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 Services, 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 Services 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 Services per this Agreement. You do not acquire any ownership rights by using our Services. Unless otherwise specified, all materials that are part of the Services are owned, controlled, or licensed by Artguru and are protected by law from unauthorized use. The entire contents of the Services 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 Services are the property of their respective owners. You do not acquire any ownership rights by using the Services or downloading material from or uploading material to the Services. 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 Services, in whole or in part, except as expressly permitted herein. The limited licenses granted herein do not constitute a sale of the Apps or Sites, or any portion or copy thereof. RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY Artguru. You agree to only use the Apps and Sites as expressly permitted herein.
Our Services allow you to “shop your screenshots” and other content. However, it is possible that not all products and services will be available for purchase. The content contained in the Services, and the terms, conditions, and descriptions that appear, are subject to change. Not all products and services are available in all geographic areas. Your eligibility for particular products and services is subject to final determination by the Merchants.
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 Services 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.
11.1 If you believe that your copyright has been infringed by a third party on our Services, 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.
11.2 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 Service and provide them AS IS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES 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 SERVICES 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 SERVICES. 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 SERVICES OR ANY USER COMMUNICATIONS. Artguru PARTIES ARE NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE SERVICES, WHETHER CAUSED BY USERS OF THE SERVICES OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SERVICES. Artguru PARTIES MAKE NO WARRANTY THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THE INFORMATION OR RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES 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 SERVICES 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 SERVICES, 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 SERVICES, 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 SERVICES. 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 SERVICES, 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 SERVICES OR YOUR INABILITY TO USE THE SERVICES, THE MATERIALS THE SERVICES CONTAIN, ANY SITES OR APPLICATIONS LINKED TO THE SERVICES, 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 Services. 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.
17.1 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.
17.2 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.
17.3 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: Apr 11, 2025