Artie's Terms of Use
TestTHE MOST IMPORTANT OF THE ARTIE'S TERMS OF USE
ArtMaster offers weekly, monthly, and annual subscription plans for the full version of Artie.
You can try out Artie's basic features in the Free Tier version.
100% satisfaction guarantee with a 7 day free trial period.
You can cancel your free trial in free trial settings in your dashboard.
If you want to continue with the Annual, Monthly or Weekly Subscription after free trial, you can confirm it in free trial settings in your dashboard or just wait for the free trial to end without canceling the free trial.
If you don’t cancel before the free trial period ends, you will be charged an Annual Subscription fee and will gain access to all courses (current and future).
ArtMaster is completely transparent in its business activities therefore we will always send you a tax document - receipt in electronic form to the email address you provided.
Please note that Artie is only provided to you and solely for educational purposes. You should not modify or alter it in any way and/or use it in violation of these Terms of Use or in violation of the law. You have no right to assign the license to Artie to a third party or to grant a sub-license.
Because we highly value your privacy, we have prepared our Privacy Policy. With us you can rest assured that we meet some of the world's most stringent and demanding data protection requirements as we are fully GDPR compliant.
We are constantly trying to improve our services to meet your expectations. If something doesn't work as it should or you just suggest improving the service, we greatly appreciate your feedback. Please drop us an email at info@artmaster.com.
The complete wording of our Terms of Use can then be found below.
1. Preamble
ARTIE'S TERMS OF USE
of the company
Art Master Academy s.r.o.
with its registered office at Příčná 147/2, České Budějovice 4, 370 01 České Budějovice, Czech Republic, Company ID No.: 07597177, registered in the Commercial Register kept at the Regional Court in České Budějovice, Section C, Insert 29703 (hereinafter referred to as the “ArtMaster”),
ArtMaster operates the mobile application Artie: AI Piano Teacher which is a GPT-powered AI piano teacher. The User is hereby informed that when using Artie, he/she is interacting with an AI system.
The mutual rights and obligations of the User and ArtMaster, in particular the rights and obligations arising from the Contract and the usage of Artie, are governed by these Terms of Use (hereinafter referred to as the "Terms of Use").
Artie is not intended for distribution to or use by any User in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, Users who choose to access and use Artie from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable
Artie is not tailored to comply with industry-specific regulations.
Artie is intended for Users who are at least 16 years old. Persons under the age of 16 are not permitted to access and/or use Artie or Register without the consent of a parent or legal guardian.
Definitions
In these Terms of Use:
"Artie" means a computer program, AI system – a mobile application available on App Store, which is a real-time, interactive AI music (piano) tutor that listens, speaks, and adapts depending on the User's piano playing, which is by its nature digital content (intangible object) protected by copyright;
"Website" means a computer program - a website available on www.artmaster.com, through which the User can Register, manage User Account and order a Monthly subscription to Artie;
"Device" means iPhone and/or iPad – iPhone XS (2018), iPhone XS Max (2018), iPhone XR (2018), iPhone SE (2nd Gen.) and newer and/or iPad Pro 11-inch 1st Generation (2018), iPad Pro 12.9-inch 3rd Generation (2018), iPad Air 3rd Generation (2019), iPad (7th Generation, 2019), iPad Mini (5th Generation, 2019) and newer;
"Contract" means a contract for the provision of digital content concluded between the User and ArtMaster. For User from the European Union it is within the meaning of Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May 2019 on certain aspects of contracts for the provision of digital content and services. By entering into the Contract, the User is permitted to use Artie;
"EULA" means an end user license agreement, the terms of the which shall govern User's use of Artie together with these Terms of Use and Contract;
"Free Tier" refers to the level of access granted to a User to Artie, accessible through the User's Account. This access is valid until the User or ArtMaster does not terminate it, commencing from the date of activation if the User selects this option. During this period, the User is entitled to use Artie to a limited extent, whereby the following functions will not be available to her/him: access to selected parts of content and limited usage, subject to the Terms of Use specified herein. ArtMaster is entitled to cancel the Free Tier option at any time at its sole discretion.
"Weekly Subscription" refers to the level of access granted to a User to all Artie's functionalities, accessible through the User's Account. This access is valid for a period of one (1) week, commencing from the date of activation of the Weekly Subscription. During this period, the User is entitled to use Artie, subject to the Terms of Use specified herein. Weekly Subscription auto-renews at the end of each period unless cancelled in accordance with these Terms of Use;
"Monthly Subscription" refers to the level of access granted to a User to all Artie's functionalities, accessible through the User's Account. This access is valid for a period of one (1) month, commencing from the date of activation of the Monthly Subscription. During this period, the User is entitled to use Artie, subject to the Terms of Use specified herein. Monthly Subscription auto-renews at the end of each period unless cancelled in accordance with these Terms of Use;
"Annual Subscription" refers to the level of access granted to a User to all Artie's functionalities, accessible through the User's Account. This access is valid for a period of one (1) year, commencing from the date of activation of the Annual Subscription. During this period, the User is entitled to use Artie, subject to the Terms of Use specified herein. Annual Subscription auto-renews at the end of each period unless cancelled in accordance with these Terms of Use;
"Subscription" refers to Weekly Subscription, Monthly Subscription and Annual Subscription combined.
"Order summary" means the part of the Website that is automatically generated by the activation of the relevant functions by the User as part of his/her actions in the user environment of the Website and/or Artie, in particular selecting the Free Trial Period, Weekly Subscription, Monthly Subscription and/or Annual Subscription option;
"ArtMaster" means the company Art Master Academy s.r.o., with its registered office at Příčná 147/2, České Budějovice 4, 370 01 České Budějovice, company ID No.: 07597177, a company registered in the Commercial Register kept at the Regional Court in České Budějovice, Section C, Insert 29703;
"Access Data" means the unique login name entered by the User into the Artie and/or Website database during Registration and associated password subsequently generated by ArtMaster;
"Registration" means the electronic registration of the User to Artie and/or Website database by filling in at least the mandatory registration data in the Artie and/or Website user interface and Access Data or by using User’s Apple ID, Google Account or Facebook Account and their subsequent storage in the Website database;
"Consumer" means a User - a person who, outside the scope of his business activity or outside the scope of his independent exercise of his profession, concludes a Contract with ArtMaster or otherwise deals with him;
"User" means a Consumer with whom ArtMaster enters into the Contract. Entrepreneurs and other legal entities are not permitted to enter into the Contract and use Artie;
"User Account" means a section of the Artie and/or Website that is created for each User by Registration (i.e., is unique to each User) and is made available to each User after the User enters Access Data;
"Free Trial Period" refers to a limited time period of 7 days offered to Users who subscribe to Annual, Monthly or Weekly Subscription. During the Free Trial Period, the User is granted full access to Artie's functionalities, without any cost. If the User does not cancel the subscription before the end of the Free Trial Period, he/she will be charged for the Annual, Monthly or Weekly Subscription fee. The Free Trial Period is a one-time offer for new Users only;
"Order" means Order for Free Tier or Subscription to Artie;
"Content" means all intellectual property rights of ArtMaster in Artie and/or Website, including all source code, databases, functionality, software, website designs, audio, illustrations, video, text, photographs, and graphics in Artie;
"Marks" mean all trademarks, service marks, and logos contained in Artie and/or Website;
"Parties" mean User and ArtMaster.
2. Pre-contractual information for Users
ArtMaster enters into contract for the provision of digital content (Contract) under which the digital content is copyrighted.
Regarding the price of the Subscription:
If a User selects the Annual Subscription option, the price for granting access to Artie and the license rights to Artie, as outlined in Article 7.1 of these Terms of Use, shall remain fixed and unchanged for one-year of the Annual Subscription. This fixed pricing applies to the license rights allowing access to Arite through the User's Account. The stability of pricing is assured for the one-year period of the Annual Subscription, commencing from the date of purchase or renewal of the Annual Subscription, and is not subject to any increase during this period.
If a User selects the Monthly Subscription option, the price for granting access to Artie and the license rights to Artie, as outlined in Article 7.1 of these Terms of Use, shall remain fixed and unchanged for one-month of the Monthly Subscription. This fixed pricing applies to the license rights allowing access to Arite through the User's Account. The stability of pricing is assured for the one-month period of the Monthly Subscription, commencing from the date of purchase or renewal of the Monthly Subscription, and is not subject to any increase during this period.
If a User selects the Weekly Subscription option, the price for granting access to Artie and the license rights to Artie, as outlined in Article 7.1 of these Terms of Use, shall remain fixed and unchanged for one-week of the Weekly Subscription. This fixed pricing applies to the license rights allowing access to Arite through the User's Account. The stability of pricing is assured for the one-week period of the Weekly Subscription, commencing from the date of purchase or renewal of the Weekly Subscription, and is not subject to any increase during this period.
ArtMaster is entitled to change the price of the Subscription at any time at its sole discretion, of which the User will be informed via his/her User Account. If the User does not agree with the change in the Subscription fee, it is necessary to cancel the Subscription via his/her User Account, in which case the Subscription will end on the last day of the period for which the Subscription was agreed, thereby the Contract is terminated.
If the User does not cancel the Subscription after the price change, he/she will be charged the changed Subscription fee after the last day of the period for which the Subscription was agreed.
The prices of the Subscription provided on the Website and/or via Artie may be both inclusive and/or exclusive of VAT, including all fees stipulated by law. The price does not include any payments, fees or other charges that the User must incur for services provided by third parties in connection with the payment of the price; such costs shall be borne solely by the User.
The User acknowledges that the contract for the supply of digital content cannot be withdrawn if it has not been supplied on a tangible medium and has been supplied with the User's prior express consent before the expiry of the withdrawal period and ArtMaster has informed the User before the conclusion of the Contract that in such a case the User has no right to withdraw from the Contract.
The prices of Subscription remain in effect for as long as they are displayed on the Website and/or via Artie. The prices of the Subscription are not adjusted to the User's personality based on automated decision making. This provision does not limit ArtMaster's ability to enter into the Contract on individually negotiated terms.
ArtMaster does not require a deposit or other similar payment from the User. This does not affect the User's obligation to pay the price of the Subscription.
The User does not incur any delivery costs.
ArtMaster has the right to provide the User with a discount on the price of the Subscription. Discounts on the price of the Subscription cannot be combined with each other unless expressly stated otherwise.
The price for the Subscription does not include any payments, fees or other charges that the User has to incur for services provided by third parties in connection with the payment of the price for the Subscription fee (for example, internet connection costs); such costs are solely the User's costs.
The User hereby expressly consents to the digital content being delivered to him before the expiry of the statutory withdrawal period.
3 Process of concluding the Contract
The User begins the contractual process by selecting a desired Subscription plan (Weekly Subscription, Monthly Subscription and/or Annual Subscription) or Free Tier option on the Website and/or via Artie. This choice determines the scope and duration of access to Artie.
If the User proceeds with the selection via the Website, he/she will then be redirected to download Artie onto his/her Device via App Store.
Via the Website and/or Artie ArtMaster indicates the designation of Artie, detailed information about the characteristics of Artie, the price of the Subscription and all related fees.
Subscription
To order the Annual Membership, the User shall click on the "Start 7-day-free trial" (“Free Trial option”) or button “Buy for § … annually" (“Buy For option”) or a button with a similar meaning.
To order the Monthly Membership, the User shall click on the “Buy for § … monthly" (“Buy For option”) or a button with a similar meaning.
To order the Weekly Membership, the User shall click on the “Buy for § … weekly" (“Buy For option”) or a button with a similar meaning.
(hereinafter together referred to as "Order for Subscription")
To activate the Subscription, the User is required to download Artie via App Store, Register, enter into EULA, place the Order for Subscription and provide valid credit or debit card details. This information is essential for processing the Subscription.
If the User chooses the Buy For option, ArtMaster is entitled to payment of the Subscription price and the User’s credit card will be charged the price for the Subscription fee. Upon successful payment of the Subscription fee and the creation and verification of the User's Account, full access to all available functionalities to Artie is granted to the User and the Contract is concluded.
If the User chooses the Free Trial option, the Free Trial Period of 7 days begins immediately after verification of the User's Account and providing valid credit or debit card details. During this Free Trial Period, the User can fully explore and utilize Artie without any charge.
The User retains the right to cancel the Annual Subscription at any time during the Free Trial Period. If the User cancels before the Free Trial Period expires, no charges will be applied to the credit or debit card.
If the User does not cancel the Annual Subscription within the Free Trial Period, the Annual Subscription shall be deemed confirmed upon the expiration of this period. Consequently, ArtMaster shall be entitled to payment of the Annual Subscription fee and the User’s credit or debit card will be charged the price for the Annual Subscription fee and the Contract for the Annual Membership shall be concluded.
Subscription auto-renews at the end of each relevant period unless cancelled. The User may cancel his/her Subscription at any time. Cancellation will take effect at the end of the current billing cycle (Weekly Subscription, Monthly Subscription and/ or Annual Subscription).
Free Tier
To activate Free Tier, the User is required only to download Artie via App Store, Register and enter into EULA with ArtMaster.
The Free Tier version of Artie is limited in terms of its functionality. Details regarding the functionality of Artie in the Free Tier version can be found on the Website and in the Artie's interface.
Order
Before sending the Order, the User is entitled to check the Order and change its content and the data he/she has filled in.
The User undertakes to fill in the relevant text fields in the User Account or in the Order with true and complete data, in particular his/her e-mail address, telephone number, identification data and, if applicable, billing address. The User acknowledges that ArtMaster will reasonably consider the data entered by him/her to be correct and complete and is not entitled to check the data entered.
The User sends the order to ArtMaster by clicking on the button marked "Proceed to payment" or "Confirm order" or a button with a similar meaning.
The Contract between ArtMaster and the User is concluded at the moment of acceptance of the these Terms and Condition, Registration, conclusion of EULA and in case of Subscription at the moment of the payment of the Subscription fee .
The User agrees to the use of remote means of communication when concluding the Contract. The costs incurred in connection with the conclusion of the Contract shall be borne solely by the User, and such costs shall not differ from the basic rate.
Subscriptions can be also purchased via App Store. Purchases made through this platform are subject to its respective terms of service and payment policies.
Any services or products presented within the user environment of the App Store, Website and/or via Artie are for informational purposes only and ArtMaster is not obligated to enter into a Contract with the User.
4. Contract
Upon conclusion of the Contract, the following provisions shall come into force:
If a User selects the Free Tier option, he/she will be granted a right to use Artie to a limited extent, provided that the other conditions set out in these Terms of Use are met.
If a User selects the Subscription option, he/she purchases from ArtMaster access to all Artie's functionalities. This access is valid for a period of the said period regarding on which Subscription option the User has selected (Weekly Subscription, Monthly Subscription or Annual Subscription), commencing from the date of activation of the Subscription and auto-renews at the end of each period unless cancelled, provided that the other conditions set out in these Terms of Use are met.
ArtMaster has the right to withdraw from the Contract for any reason or no reason until access to Artie is granted to the User. The legal action of ArtMaster consisting in notifying the User that it cannot provide access to Artie ordered by him/her is also considered as withdrawal from the Contract.
The User has the right to choose from the options displayed to the User in the user environment of the App Store, Website and/or Artie the method of payment of the price and, if applicable, other monetary benefits to ArtMaster.
Subscription can be also purchased via App Store. Purchases made through this platform are subject to its respective terms of service and payment policies. Purchases made through the App Store are subject to this platform’s refund policies and processes.
If any of the payment methods contains information about the costs of making such payment, the User is obliged to bear the costs of making such payment, which are indicated for the payment in the user environment of the App Store, Website and/or via Artie.
As for the Subscription ArtMaster will always send the User a tax document - receipt in electronic form to the User's email address entered during Registration.
If ArtMaster provides a gift to the User together with the Subscription, the gift agreement between the User and ArtMaster is concluded with the condition that if the Contract is terminated (e.g. due to withdrawal from the Contract), the gift agreement shall terminate without further delay from the beginning together with the Contract and the User shall be obliged to return the gift provided.
The User is entitled to exercise the right to withdraw from the Contract and the rights arising from defective performance at ArtMaster's registered office or via e-mail at info@artmaster.com.
5. Rights and obligations of ArtMaster
After fulfilling the specified conditions, in particular, after Registration and in case of Subscription payment of the Subscription fee, ArtMaster will allow the User to use Artie in accordance with these Terms of Use and EULA .
ArtMaster provides Artie "AS IS" with the understanding that it does not guarantee the unlimited availability of Artie. ArtMaster makes no warranties or other guarantees in this regard, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. to the extent permitted by law. ArtMaster is not responsible for the content, quality and scope of Artie, ArtMaster does not warrant that Artie will be error-free, free of viruses or other harmful components, or compatible with User's specific hardware or operating system.
ArtMaster shall not be liable for any inability to access and use Artie caused by the technical characteristics of the device from which Artie is are accessed and used (whether in terms of software or hardware) or for any damage caused by the unsuitability of such device, nor for the functionality or operation of the device.
ArtMaster is entitled to change Artie and its functionalities, structure, sections, parts and content and scope in order to Artie. ArtMaster may discontinue, suspend or modify any part of Artie without prior notice.
ArtMaster is entitled to temporarily suspend access to and/or usage of Artie at any time, e.g. for reasons of security, force majeure, decision of a competent authority or court, exercise of rights necessary for the operation or maintenance of Artie, without this being considered a breach of the ArtMaster's obligations. However, ArtMaster is obliged to inform the User of such temporary suspension of the access to and/or usage of Artie, if possible in advance, otherwise within a reasonable period of time, by means of a notice published on the Website and/or via Artie; at the same time, ArtMaster shall also notify the User of the reason and the expected duration of the suspension of the access to and/or usage of Artie.
ArtMaster is entitled to block the User's access to and/or usage of Artie, terminate or suspend the User's access to and/or usage of Artie if the User violates his/her obligations under these Terms of Use, EULA and/or if ArtMaster has reasonable grounds to suspect that the User is making Artie available to third parties.
ArtMaster is entitled to terminate the Contract at any time in case of breach of the User's obligations by withdrawing from the Contract with immediate effect by sending an e-mail to the User.
6. Rights and obligations of the User
Prohibited activities
User may not access or use Artie for any purpose other than that for which ArtMaster makes Artie available. Artie may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by ArtMaster.
User agrees and undertakes not to:
Systematically retrieve data or other content from Artie to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from ArtMaster;
Trick, defraud, or mislead ArtMaster and other Users, especially in any attempt to learn sensitive account information such as User Access Data.
Circumvent, disable, or otherwise interfere with security-related features of Artie, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of Artie and/or the Content contained therein;
Disparage, tarnish, or otherwise harm, in ArtMaster's opinion, ArtMaster and/or Artie;
Use any information obtained from Artie in order to harass, abuse, or harm another person;
Make improper use of ArtMaster's support services or submit false reports of abuse or misconduct;
Use Artie in a manner inconsistent with any applicable laws or regulations;
Engage in unauthorized framing of or linking to Artie;
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any uninterrupted use and enjoyment of Artie or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of Artie;
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another User or person or use the Access Data of another User;
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);
Interfere with, disrupt, or create an undue burden on Artie or the networks or services connected to Artie;
Harass, annoy, intimidate, or threaten any of ArtMaster's employees or agents engaged in providing any portion of Artie to the User;
Attempt to bypass any measures of Artie designed to prevent or restrict access to Artie, or any portion of Artie;
Copy or adapt the Arties' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of Artie;
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses Artie, or use or launch any unauthorized script or other software;
Use a buying agent or purchasing agent to make purchases on Artie;
Make any unauthorized use of Artie, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email, or creating User Accounts by automated means or under false pretenses;
Use Artie as part of any effort to compete with ArtMaster or otherwise use the Artie and/or the Content for any revenue-generating endeavor or commercial enterprise;
Use Artie to advertise or offer to sell goods and services;
Sell or otherwise transfer User Account;
Share, sell or redistribute Access Data;
Violations of these prohibited activities by the User may result in legal action. ArtMaster reserves the right to report such violations to law enforcement authorities and cooperate with their investigations as necessary.
User generated Contributions
Artie may invite the User to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide the User with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to ArtMaster via Artie, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively as “Contributions”). Contributions may be viewable by other Users of Artie and through Website and/or third-party websites. By making any Contributions, User acknowledges and agrees that they may be accessed, shared, and further distributed by others outside of Artie, and User waives any expectation of privacy or confidentiality in relation to such Contributions. As such, any Contributions User transmits may be treated as non-confidential and non-proprietary. When User creates or makes available any Contributions, User thereby represents and warrants that:
The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of User's Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party;
User is the creator and owner of or has the necessary licenses, rights, consents, releases, and permissions to use and to authorize Artmaster, Artie, and other Users of Artie to use User's Contributions in any manner contemplated by ArtMaster and these Terms of Use;
User has the written consent, release, and/or permission of each and every identifiable individual person in its Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of User's Contributions in any manner contemplated by ArtMaster and these Terms of Use;
User's Contributions are not false, inaccurate, or misleading;
User's Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation;
User's Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by ArtMaster);
User's Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone;
User's Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people;
User's Contributions do not violate any applicable law, regulation, or rule;
User's Contributions do not include any material that infringes on the intellectual property, privacy, or publicity rights of any third party;
User's Contributions do not violate the privacy or publicity rights of any third party;
User's Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
User's Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap;
User's Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
User further agrees that he/she will not knowingly upload or post any content containing malicious code, such as viruses, worms, or any software that could harm Artie or other Users’ Devices. Any use of Artie in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of User's rights to use Artie. ArtMaster reserves the right to take legal action against Users who violate these Terms of Use, including reporting violations to law enforcement or other regulatory authorities.
Contribution license
By uploading User's Contributions to any part to Artie or making Contributions accessible to Artie, User automatically grants, represents and warrants that he/she has the right to grant to ArtMaster an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free (free of charge), fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, User's recordings, image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. This license also includes the right to combine User's Contributions with other content, data, or media for the purpose of creating new content or services. The use and distribution may occur in any media formats and through any media channels, including digital, print, broadcast, or other forms of distribution now known or hereafter developed.
This license will apply to any form, media, or technology now known or hereafter developed, and includes ArtMaster's use of User's name and any of the trademarks, service marks, trade names, logos, and personal and commercial images User provides. User acknowledge that the scope of this license is necessary to ensure the proper functioning, development, and improvement of Artie. User waives all moral rights in User's Contributions, and User warrants that moral rights have not otherwise been asserted in User's Contributions. However, by granting ArtMaster this license, User understands that ArtMaster may continue to use User's Contributions, even if User removes or deletes them from Artie, where necessary to comply with these Terms of Use or for lawful business purposes.
ArtMaster does not assert any ownership over User's Contributions. User retains full ownership of all of his/her Contributions and any intellectual property rights or other proprietary rights associated with his/her Contributions. ArtMaster is not liable for any statements or representations in User's Contributions provided by User in any area. User is solely responsible for his/her Contributions to Artie and User expressly agrees to exonerate ArtMaster from any and all responsibility and to refrain from any legal action against ArtMaster regarding his/her Contributions
ArtMaster has the right, in its sole and absolute discretion:
To edit, redact, or otherwise change any Contributions;
Ro re-categorize any Contributions to place them in more appropriate locations on Artie; and
to pre-screen or delete any Contributions at any time and for any reason, without notice. ArtMaster has no obligation to monitor User's Contributions. However, ArtMaster reserves the right to investigate and take action against Users who submit Contributions that violate these Terms of Use, including but not limited to removal, suspension, or reporting to law enforcement.
7. Rights and obligations of Users from European Union
The following provisions of this Article apply only to Users from the European Union.
If ArtMaster is in default in making Artie available, the User may withdraw from the Contract if ArtMaster fails to perform its obligation without undue delay after the User has called upon it to perform or within an additional period of time expressly agreed upon by the Parties.
The User may only withdraw from the Contract without an additional period of time if it is clear from ArtMaster's statement or from the circumstances that ArtMaster will not provide the access to and/or usage of Artie or if it is clear from the agreement of the Parties or from the circumstances at the conclusion of the Contract that performance is necessary at the specified time.
In particular, ArtMaster shall be liable to the User that Artie, which by its nature is digital content:
correspond to the agreed description and scope, as well as to the quality, functionality, compatibility, interoperability and other agreed characteristics;
is suitable for the purpose for which the User has requested it and to which ArtMaster has agreed; and
is provided with the agreed accessories and instructions for use, including installation instructions, and User support.
ArtMaster shall be responsible to the User that, in addition to the agreed features:
the digital content is fit for the purpose for which digital content of that kind is normally used, including with respect to the rights of third parties, legislation, technical standards or industry codes of practice, where there are no technical standards;
the digital content corresponds in scope, quality and other performance parameters, including functionality, compatibility, accessibility, continuity and security, to the usual characteristics of digital content of the same kind that a User may reasonably expect, including in the light of public statements made by the ArtMaster or by another person in the same contractual chain, in particular advertising or labelling;
the digital content is provided with the accessories and instructions for use which the User may reasonably expect; and
the digital content corresponds to the trial version or preview made available by the ArtMaster before the conclusion of the Contract.
ArtMaster shall not be bound by a public statement under Article 7.5.2 if it proves that it was not aware of it or that it was modified at the time of the conclusion of the Contract in at least a comparable manner to that in which it was made or that it could not have influenced the decision to conclude the Contract.
Article 7.5 shall not apply where the ArtMaster has specifically warned the User before the conclusion of the Contract that a feature of the digital content is different and the User has expressly agreed to this when concluding the Contract.
ArtMaster shall also be liable to the User for a defect caused by an incorrect connection of the digital content to the User's digital environment, which was carried out by or under the responsibility of the ArtMaster pursuant to the Contract. This applies even if the connection was made by the User and the defect is due to a deficiency in the instructions provided by the ArtMaster.
The User may complain of a defect that appears or occurs in the digital content during the term of the Contract. In the case of a one-off performance, he or she may complain of a defect which appears in the digital content within two years of the making available.
If the digital content is defective, the User may demand its removal unless it is impossible or unreasonably costly to do so; this shall be assessed, in particular, having regard to the significance of the defect and the value that the digital content would have had without the defect.
ArtMaster shall remedy the defect within a reasonable time after the defect has been identified so as not to cause the User significant inconvenience, taking into account the nature of the digital content and the purpose for which the User requested it.
The User may demand a reasonable discount or withdraw from the Contract if:
ArtMaster has not remedied the defect within a reasonable period after it has been reported, so as not to cause significant inconvenience to the User, taking into account the nature of Artie and the purpose for which the User requested it or it is apparent from the ArtMaster's statement or the circumstances that the defect will not be remedied within a reasonable time or without substantial inconvenience to the User;
the defect continues to be apparent after removal; or
the defect is a material breach of the Contract.
A reasonable discount is determined as the difference between the value of the digital content without the defect and the defective digital content that was provided to the User. If the digital content is to be provided for a certain period of time, the period for which it was provided defectively shall be taken into account; the User shall be entitled to a discount even if he withdraws from the Contract.
If the User withdraws from the Contract, ArtMaster may prevent the User from further use of Artie, in particular by making Artie or the User Account unavailable to the User.
If the User withdraws from the Contract, he/she shall refrain from using the digital content, i.e. Artie, including their provision to a third party.
Monetary sums which ArtMaster is required to deliver to the User by reason of defective performance shall be returned by the ArtMaster at the ArtMaster 's own expense without undue delay, but at the latest within fourteen days of the date on which the User has asserted the relevant right arising from the defective performance with the ArtMaster. In doing so, it shall use the same method as that used by the ArtMaster to pay the fee, unless the User expressly agrees otherwise and no costs are incurred.
Modification of digital content. If the digital content is to be provided for a specified period of time and the change is not necessary to keep the digital content free from defects, ArtMaster may change the digital content:
if ArtMaster has fair reason for the change;
if the User does not incur additional costs by the modification; and
if ArtMaster notifies the User of the change in a clear and comprehensible manner.
Where a change under Article 7.17 impairs the User's access to or use of the digital content in a non-substantial way, ArtMaster shall further notify the User in text form, within a reasonable time before the change is made, of the nature of the change, the time at which it is to be made and the right to terminate the obligation under Article 7.19 or to retain the digital content unchanged under Article 7.20.
The User may terminate the obligation without penalty if the change impairs his access to or use of the digital content in a non-significant way within thirty days of the date on which he was notified of the change or the date on which the digital content was changed, whichever is later. If the User terminates the obligation, Articles 7.14 and 7.15 shall apply mutatis mutandis.
Article 7.19 shall not apply if the ArtMaster allows the User to refuse the change and to retain the digital content in its original form without additional cost, without prejudice to the provision of the digital content without defect.
8. Licensing arrangements
ArtMaster always retain full ownership of Artie and/or its contents and any intellectual property rights or other proprietary rights associated with Artie and/or its contents.
ArtMaster grants the User a revocable, non-exclusive, non-transferable, limited right to install and use Artie on wireless electronic Devices owned or controlled by User, and to access and use Artie on such Devices strictly in accordance with the Terms of Use. This license is granted solely for User's personal, non-commercial use and may not be sublicensed, transferred, or assigned to any third party without prior written consent of ArtMaster.
Subscription. By paying the price of the Subscription fee, the User acquires a license to all existing and newly added functionalities of Artie to the following extent:
solely for educational purposes;
the User shall not modify, alter or use Artie in any way contrary to the nature of the Artie or good morals;
for limited use in terms of quantity in the number of one license;
for the duration of the Subscription period (definite period);
unrestricted from a territorial point of view;
for non-exclusive use - the User has no right to grant a sub-license to Artie to third parties;
The User has no right to assign the license to Artie to a third party.
Free Tier. By Registration and entering into EULA, the User acquires a license to limited functionalities of Artie to the following extent:
solely for educational purposes;
the User shall not modify, alter or use Artie in any way contrary to the nature of the Artie or good morals;
for limited use in terms of quantity in the number of one license;
until User cancels his Free Tier plan or until ArtMaster cancels the Free Tier option (definite period);
unrestricted from a territorial point of view;
for non-exclusive use - the User has no right to grant a sub-license to Artie to third parties;
The User has no right to assign the license to Artie to a third party.
The User undertakes not to exceed the scope of the license authorization set forth in Article 8 of these Terms of Use.
The User further agrees not to provide or otherwise make available the content of Artie to any third parties. The User acknowledges that by providing or otherwise making available the content of the Course(s), he/she may commit a crime and that he/she is also obliged to compensate ArtMaster for the damage and non-pecuniary loss incurred and to pay the contractual penalty pursuant to Article 8.7 of these Terms of Use.
In the event that the User violates its obligation not to exceed the scope of the license authorization set forth in Article 8.6 of these Terms of Use, the User shall pay ArtMaster a contractual penalty in the amount of USD 1,000 (in words: one thousand US dollars) for each individual case of such violation. The aforementioned contractual penalty does not exclude the right of ArtMaster to claim compensation from the User for damages incurred. For the avoidance of doubt, the Parties declare that the contractual penalty specified herein serves as a sanction.
9. App Store
The following terms apply when User uses Artie obtained from App Store (hereinafter referred to as the “App Distributor”) to access Artie:
The license granted to the User for Artie is limited to a non-transferable license to use Artie on a Device that utilizes the Apple iOS operating system and in accordance with these Terms of Use and usage rules set forth in the applicable App Distributor’s terms of service.
ArtMaster is responsible for providing any maintenance and support services with respect to Artie as specified in the Terms of Use or as otherwise required under applicable law, and the User acknowledges that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to Artie.
In the event of any failure of Artie to conform to any applicable warranty, User may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for Artie, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to Artie.
User represents and warrants that:
he/she is not located in a country that is subject to a US government embargo, or that has been designated by the US government as a “terrorist supporting” country and
he/she is not listed on any US government list of prohibited or restricted parties; (5) he/she must comply with applicable third-party terms of agreement when using Artie, e.g., if User has a VoIP application, then the User must not be in violation of their wireless data service agreement when using Artie; and
he/she acknowledges and agrees that the App Distributor is a third-party beneficiary of the Terms of Use conditions and that the App Distributor will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use against the User as a third-party beneficiary thereof.
Software and technical equipment requirements
In order to gain access to Artie, the User shall have a device and operating system that meets the following technical requirements:
iPhone or iPad with iOS 18.0;
Internet connection of at least 3 Mbps.
Software or hardware that does not meet the requirements of Article 9.1 may be capable of being used to run Artie, but their compatibility or functionality is not guaranteed.
10. User account
In order to be granted access to Artie, the User must be provided with a User account by ArtMaster.
The User is obliged to enter the Access Data before entering the User Account.
The User's identification data entered during Registration shall be deemed to be the data also entered during the ordering of Free Tier and/or Subscription plan of Artie.
The User shall not provide third parties with Access Data or any other access to the User Account. The User shall take all reasonable measures to keep them confidential. The User shall be fully liable for any unauthorized use of such Access Data or User Account and for any damage caused to ArtMaster or third parties as a result. In the event of loss, theft or other violation of the right to use these passwords, the User shall immediately notify ArtMaster. ArtMaster shall provide the User with new access data within a reasonable period of time.
ArtMaster is entitled to unilaterally change these Terms of Use; the change will be notified to the User via Artie and/or by e-mail to the User's e-mail address entered during Registration. The User shall have the right to reject the changes to the Terms of Use within 15 days from the first login to the User Account after notification of the change to the Terms of Use (if delivered via Artie) or from the delivery of the e-mail message in question to the User's e-mail inbox (if delivered by e-mail) and to terminate the obligation for this reason within a notice period of 15 days, which the parties agree is sufficient to procure similar performance from another supplier.
ArtMaster may cancel the User Account, in particular if the User does not use his/her User Account for more than 2 years or if the User violates his obligations under the Contract or these Terms of Use.
11. Complaints Procedure
ArtMaster declares that access to Artie is provided at a quality that can reasonably be expected taking into account its nature, purpose, and remuneration for its provision.
ArtMaster shall be liable to the User that Artie is provided in accordance with the Contract and these Terms of Use.
The defective performance shall be claimed by the User without undue delay with ArtMaster.
The User may demand free of charge removal of the defect, a reasonable discount from the price and if this is not disproportionate to the nature of the defect (especially if the defect cannot be removed without undue delay), a demand for new performance without defects may be made. If the removal of the defect is not possible, the User may demand a full refund of the price upon withdrawal from the Contract.
If the User has rightfully accused ArtMaster of a defect in Artie, the time limit for exercising rights from defective performance does not run for the period during which the User is not allowed access to Artie.
The User shall not be entitled to the right from defective performance if the defect was caused by the User.
The User shall inform ArtMaster of the right chosen by the User when notifying the defect or without undue delay after notification of the defect. The User cannot change the choice made without ArtMaster's consent; this does not apply if the User has requested the removal of a defect that proves to be irremediable.
The User is entitled to complain about defects in Artie to ArtMaster via e-mail at info@artmaster.com. In the complaint, the User is obliged to specify exactly what the defect complained consists of and also to indicate the time period during which the defect occurred.
A User's complaint shall be deemed justified if Artie is down (unavailable) and the provision of access to Artie is interrupted for more than 168 consecutive hours.
12. Special Complaints Procedure rules for Users from European Union
If User has a right from the defective performance, he/she is also entitled to compensation for the costs reasonably incurred in exercising that right. However, if the right to compensation is not exercised within one month after the expiry of the period within which the defect must be claimed, the court shall not grant the right if ArtMaster argues that the right to compensation was not exercised in time.
ArtMaster is obliged to deliver a confirmation of the claim to the User. If it is not possible to deliver the confirmation immediately, it must be delivered without undue delay (a period of at least three days shall be deemed to be without undue delay), but at the earliest together with the proof of the claim settlement; the confirmation of the claim does not have to be delivered if the User is able to prove the claim in another way.
If the User is not satisfied with the manner in which ArtMaster has handled his/her complaint or if he/she believes that ArtMaster has violated his/her rights, he/she has the option to contact ArtMaster with a request for redress, if ArtMaster responds to the request for redress in a negative manner or fails to respond within 30 days from the date of its dispatch, the User has the right to file a motion to initiate an out-of-court settlement of his/her dispute.
The competent body for out-of-court settlement of User disputes with ArtMaster is The Czech Trade Inspection Authority, Štěpánská 567/15, 120 00 Prague 2, ID: 00020869, electronic address www.coi.cz or another entity authorized by the Ministry of Industry and Trade and registered in the list of entities for out-of-court settlement of consumer disputes maintained by the Ministry of Industry and Trade of the Czech Republic; The consumer has the right to choose which of the above-mentioned entities for out-of-court settlement of consumer disputes to contact.
The User can use the online dispute resolution platform available on the website http://ec.europa.eu/consumers/odr/ to submit a proposal for out-of-court settlement of its dispute.
13. Third-Party Websites and Content
Artie may contain links to other websites (hereinafter referred to as the “Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (hereinafter referred to as the “Third-Party Content”). These links and content are provided solely for User's convenience and informational purposes and should not be construed as an endorsement or recommendation by ArtMaster.
Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by ArtMaster, and ArtMaster is not responsible for any Third-Party Websites accessed through Artie or any Third-Party Content posted on, available through, or installed from Artie, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by ArtMaster. ArtMaster does not guarantee that any Third-Party Websites or Third-Party Content will be free from viruses, malware, or other harmful components, and User is solely responsible for implementing safeguards to protect his/her Devices and data.
If User decides to leave Artie and access the Third-Party Websites or to use or install any Third-Party Content, User does so at his/her own ris and should be aware these Terms of Use no longer govern. User's interactions with such websites or content, including but not limited to any purchases, services, or agreements, are solely between User and the third-party provider.
User should review the applicable terms and policies, including privacy and data gathering practices, of any website to which User navigates from Artie or relating to any applications User use or install from Artie.
Any purchases User makes through Third-Party Websites will be through other websites and from other companies, and ArtMaster takes no responsibility whatsoever in relation to such purchases which are exclusively between User and the applicable third party.
User agrees and acknowledges that ArtMaster does not endorse the products or services offered on Third-Party Websites and User shall hold ArtMaster blameless from any harm caused by User's purchase of such products or services.
Additionally, User shall hold ArtMaster blameless from any losses sustained by User or harm caused to User relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
ArtMaster reserves the right to disable links to any Third-Party Websites or remove Third-Party Content at its sole discretion, without prior notice.
14. Artie's Management
ArtMaster reserves the right, but not the obligation, to:
monitor Artie for violations of these Terms of Use;
take appropriate legal action against anyone who, in ArtMaster's sole discretion, violates the law or these Terms of Use, including without limitation, reporting such User to law enforcement authorities;
in ArtMaster's sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of User's Contributions or any portion thereof;
in ArtMaster's sole discretion and without limitation, notice, or liability, to remove from Artie or otherwise disable all files and content that are excessive in size or are in any way burdensome to ArtMaster's systems; and
otherwise manage Artie in a manner designed to protect ArtMaster's rights and property and to facilitate the proper functioning of Artie.
15. Copyright Infringements
ArtMaster respects the intellectual property rights of others. If User believes that any material available on or through Artie infringes upon any copyright User owns or controls, he/she shall immediately notify ArtMater using the contact information provided above (hereinafter referred to as a “Notification”).
User's Notification shall include sufficient detail to identify the copyrighted work and the material alleged to be infringing, as well as proof of User's ownership or authorization to act on behalf of the copyright owner.
A copy of User's Notification will be sent to the person who posted or stored the material addressed in the Notification.
Please note that ArtMaster reserves the right to remove or disable access to allegedly infringing material without prior notice to the User responsible for its publication, if ArtMaster determines in its sole discretion that such action is warranted.
Pursuant to applicable law the User may be held liable for damages if he/she makes material misrepresentations in a Notification. This includes, but is not limited to, claims made in bad faith or without adequate investigation into the ownership or use of the allegedly infringing material. Thus, if the User is not sure that material located on or linked to by Artmaster infringes User's copyright, User should consider first contacting an attorney.
16. Disclaimer
Artie is provided on an “as-is” and “as-available” basis. User hereby agrees that his/her usage of Artie will be at his/her sole risk. To the fullest extent permitted by law, ArtMaster disclaim all warranties, express or implied, in connection with Artie and User's use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
ArtMaster makes no warranties or representations about the accuracy or completeness of the Artie's content or the content of the Website or content of any websites or mobile applications linked to Artie and ArtMaster will assume no liability or responsibility for any:
errors, mistakes, or inaccuracies of content and materials;
personal injury or property damage, of any nature whatsoever, resulting from User's access to and use of Artie;
any unauthorized access to or use of ArtMaster's secure servers and/or any and all personal information and/or financial information stored therein;
any interruption or cessation of transmission to or from Artie;
any bugs, viruses, trojan horses, or the like which may be transmitted to or through Artie by any third party, and/or;
any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via Artie. ArtMaster does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through Artie, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and ArtMaster will not be a party to or in any way be responsible for monitoring any transaction between User and any third-party providers of products or services.
As with any purchase of a product or service through any medium or environment, User is responsible for exercising his/her best judgment, caution, and due diligence. This includes verifying the legitimacy of third-party offerings and understanding the associated risks.
Some jurisdictions do not allow the exclusion of implied warranties or the limitation of certain damages, so some or all of the above disclaimers may not apply to the User. In such cases, ArtMaster's liability will be limited to the maximum extent permitted by applicable law.
17. Limitations of Liability
In no event will ArtMaster or its managing directors, employees, or agents shall be liable to User or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from User's use of Artie, even if ArtMaster has been advised of the possibility of such damages. This limitation of liability applies to all causes of action, including but not limited to breach of contract, tort (including negligence), strict liability, or any other legal or equitable theory.
Notwithstanding anything to the contrary contained herein, ArtMaster's liability to User for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by User to ArtMaster during the 12 month period prior to any cause of action arising. If no payments have been made by User to ArtMaster during such period, ArtMaster's liability shall be limited to 50 U.S. dollars or the minimum extent permitted by law. Certain US state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to the User, some or all of the above disclaimers or limitations may not apply to the User, and he/she may have additional rights. In such cases, ArtMaster's liability will be limited to the maximum extent permitted by applicable law.
18. Indemnification
User agrees to defend, indemnify, and hold ArtMaster harmless, including ArtMaster's subsidiaries, affiliates, and all of ArtMaster's respective managing directors, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
User's Contributions, including any content or material User uploads, transmits, or otherwise makes available through Artie;
use of Artie;
breach of these Terms of Use;
any breach of User's representations and warranties set forth in these Terms of Use;
User's violation of the rights of a third party, including but not limited to intellectual property rights; or
any overt harmful act toward any other User of Artie with whom the User have connected via Artie.
User also agrees that User's obligation to indemnify ArtMaster will apply even if the underlying claim is caused by ArtMaster's own negligence, to the fullest extent permitted by law.
Notwithstanding the foregoing, ArtMaster reserves the right, at User's expense, to assume the exclusive defense and control of any matter for which User is required to indemnify ArtMaster, and User agrees to cooperate, at User's expense, with ArtMaster's defense of such claims.
User shall not, in any event, settle any claim or matter without ArtMaster's prior written consent.
ArtMaster will use reasonable efforts to notify User of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. ArtMaster's failure to provide such notice shall not relieve User of his/her obligation to indemnify ArtMaster except to the extent that such failure materially prejudices ArtMaster's ability to defend against the claim.
19. Other rights and obligations of the Parties
ArtMaster is not bound by any codes of conduct in relation to the User.
The Contract and EULA are concluded in English.
The User hereby assumes the risk of a change of circumstances.
20. Personal data protection
ArtMaster is legally obliged to protect and secure the personal data provided. Therefore, ArtMaster uses various effective security technologies to protect personal data from unauthorized disclosure or use.
For more detailed information on data protection, please refer to the Privacy Policy here:
artmaster.com/privacy-policy.
21. Use of Artie
ArtMaster has the right to change Artie, i.e. its technical design and/or user interface.
ArtMaster has the right to limit or interrupt the functionality of Artie or access to it for a period of time necessary for maintenance or repair of Artie or for any other reason on the part of ArtMaster or a third party.
When using Artie, User is obliged to comply with the applicable and effective legal regulations of the European Union and its member states, United States of America and/or any other state or country. The User is obliged to compensate ArtMaster or third parties in full for any damages incurred in this way.
In the event of a breach of these Terms of Use or the Contract or applicable and effective legislation, ArtMaster has the right to cancel the User Account.
The User acknowledges and agrees that Artie and the Website contain content or features that are protected by copyright, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by ArtMaster, the User agrees not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Website and/or Artie, in whole or in part.
In connection with User’s use of Artie he/she shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods.
Any use of the Website and/or Artie other than as specifically authorized herein is strictly prohibited. The technology and software underlying Artie or distributed in connection therewith are the property of ArtMaster, its affiliates and its partners (hereinafter referred to as “Software”). The User shall not copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in Artie. Any rights not expressly granted herein are reserved by ArtMaster.
ArtMaster name and logos are trademarks and service marks of ArtMaster. Nothing in this Terms of Useshould be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of ArtMaster trademarks displayed on the Website and/or Artie, without ArtMaster’s prior written permission in each instance
22. Applicable law and choice of forum
These Terms of Use and/or Contracts, and all claims or defenses based on, arising out of, or related to these Terms of Use and/or Contracts of the relationship of the Parties created hereby, including without limitation those arising from or related to the negotiation, execution, performance, or breach of these Terms of Use and/or Contracts, whether sounding in contract, tort, law, equity, or otherwise, shall be governed by, and enforced in accordance with, the internal laws of the Czech Republic including its statute of limitations, without reference to its choice of law rules or any principle calling for application of the law of any other jurisdiction.
Any disputes arising out of or related to these Terms of Use and/or Contracts or any other aspect of the Parties' relationship shall be heard only in the courts of the Czech Republic to the exclusion of all other courts and fora. The Parties irrevocably consent to the jurisdiction of, and venue in, such courts and waive any objection that such courts are an inconvenient forum.
These Terms of Use shall come into force on the 15th September of 2025.