ARTISAN AI TERMS OF SERVICE
Last updated August 15, 2025
We are Artisan AI, Inc.(“Company,” “Artisan,” “we,” “us,” “our”).
We provide a platform to hire digital workers, which are complimented by a suite of software tools. We also operate the website https://artisan.co (the “Site”), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Services”).
You can contact us by email at hello@artisan.co or by mail to 548 Market St PMB 45839, San Francisco, CA 94104, United States.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you” or “Customer”), and Artisan AI, Inc., concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes that, in Artisan’s judgement, will materially change your rights and obligations, by updating the “Last updated” date of these Legal Terms and giving you written or electronic notice by e-mail or upon your next login to the Services at least 30 days prior to any changes taking effect. It is your responsibility to periodically review these Legal Terms to stay informed of updates. If you give us prompt written notice of objection to any update, the Parties will negotiate the updated terms in good faith, or at our discretion, allow early termination of the Services. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after becoming aware of the changes.
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The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
2. INTELLECTUAL PROPERTY RIGHTS
10. THIRD-PARTY WEBSITES AND CONTENT
15. MODIFICATIONS AND INTERRUPTIONS
23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
1. OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any person or entity 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, those persons who choose to access the Services 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.
Artisan’s use and transfer of information received from Google APIs to any other app will adhere to Google API Services User Data Policy, including the Limited Use requirements.
The Services are not tailored to comply with industry-specific regulations, including but not limited to the Health Insurance Portability and Accountability Act (HIPAA), Gramm-Leach-Bliley Act (GLBA) and Federal Information Security Management Act (FISMA), and Artisan makes no warranty as to processing Customer Data in compliance with those laws and regulations, unless set forth in a separate data agreement between Artisan and Customer prior to PII transfer to Artisan.
2. INTELLECTUAL PROPERTY RIGHTS
Our and your intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, trained AI models, documentation, training sets, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”). Customer is and will be the sole and exclusive owner of the Customer Data (as defined below) and of any deliverables developed by Artisan for the Customer in connection with Services provided under these Terms and the Order Form (the “Output”).
Customer owns and is solely responsible for Customer Data including, but not limited to: (a) compliance with all applicable laws and this Agreement; (b) any claims relating to Customer Data; and (c) any claims that Customer Data infringes, misappropriates, or otherwise violates the rights of any third party.Â
Use of Intellectual Property
We grant to you a limited, non-exclusive, non-transferable, non-assignable and non-sublicensable license for Customer’s authorized users to access and use automation services provided by Artisan solely as necessary for the purposes of this Agreement.
Artisan shall maintain and monitor reasonable administrative, technical, and physical safeguards to protect Customer Data and its confidentiality, integrity, and availability.  Subject to applicable laws and regulations and the Artisan Privacy Policy, Artisan may use and transfer Customer Data, only as necessary to provide the Service to Customer. Artisan shall not use, or permit any third party to access or use Customer Data, other than in anonymized or aggregated form that cannot be re-identified, to train, modify, or improve any AI model, other than the AI model used to provide the Services under this Agreement. Any such AI model or instance trained specifically on Customer Data shall be exclusive to Customer and never used with another entity without Customer’s written approval. “Customer Data” shall mean data, information or other material provided, uploaded, or submitted by Customer to the Service in the course of using the Service.
Notwithstanding anything to the contrary, Artisan may make use of Usage Data, including but not limited to, use in connection with improvements and enhancements to the Service, and to any methods, techniques, or models. This includes without limitation training and developing algorithms, industry benchmarking, and analytics. “Usage Data” shall mean diagnostic, performance, telemetry, and related data collected or obtained in connection with Customer’s use of the Service, provided that such data is in aggregated, de-identified, or fully anonymized form.
No part of Artisan’s Content or Marks or Customer Data or Output may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose other than performing the Services under this Agreement, without the other party’s express prior written permission. Â
If Customer is granted permission to post, reproduce, or publicly display any part of Artisan’s Content or Marks, Customer must identify Artisan as the owner of the Content or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying the Content.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms or any Order Form, please address your request to: hello@artisan.co. If we grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Customer Submissions and Contributions
Please review this section and the “PROHIBITED ACTIVITIES“ section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when use the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. This assignment does not apply to any proprietary or confidential information or Personal Information you include in your Submissions unless otherwise agreed in writing.
You understand that Customer Data and Submissions may be viewable by our subcontractors and vendors related to the Services we provide. These subcontractors and vendors shall be bound by provisions at least as restrictive as these Legal Terms, including governing confidentiality and data use. You may receive a copy of our list of subcontractors and vendors that may have access to that data and our practices upon request.
Notify Us of Copyright Infringement
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately refer to the “COPYRIGHT INFRINGEMENTS“ section below.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that:
all registration information you submit will be true, accurate, current, and complete;
you will maintain the accuracy of such information and promptly update such registration information as necessary;
you have the legal capacity and you agree to comply with these Legal Terms;
you are not a minor in the jurisdiction in which you reside;
you will not access the Services through automated or non-human means, whether through a bot, script or otherwise, other than by means allowed in the Services’ documentation or as directed by our representatives;
you will not use the Services for any illegal or unauthorized purpose; and
your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
4. USER REGISTRATION
Customer may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
You may authorize certain contractors or certain employees to be authorized users, provided that the authorized users are bound to abide by confidentiality, restriction, and these Legal Terms and the terms of the Order Form and that the Customer is responsible for all acts and omissions of such authorized users in connection herewith as if they were Customer hereunder. Customer shall not knowingly authorize any competitor of Artisan to be an authorized user. Customer shall notify Artisan promptly upon becoming aware of any unauthorized access of the Services. Customer shall be responsible for maintaining the security of any equipment used to access Services, and accounts, passwords, and files for the Services.
5. PURCHASES AND PAYMENT
If we have agreed in the Order Form to issue invoices in advance for Services to be provided or in arrears for Services provided, we will issue invoices on a regular basis. Sales tax will be added to the price of purchases as deemed required by us. If conditions require, we may change prices upon 30 days’ prior notice. You will pay each invoice within 30 days of receipt, or any terms of payment agreed in the Service Order or in writing between the Parties. All payments shall be in US dollars. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. If Customer disputes any invoice, Customer must contact Artisan no later than ten (10) days after receipt, otherwise the invoice is deemed final and payable. The Parties shall cooperate diligently in good faith to resolve any dispute.
Otherwise, we accept the following forms of payment for recurring payments:
Visa
Mastercard
American Express
Discover
PayPal
Apple Pay
Google Pay
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to refuse any order placed through the Services.
If Customer fails to pay any amount due for more than thirty (30) days, Artisan may, without limiting any rights and remedies, accelerate Customer’s unpaid fee obligations to become immediately due and payable. The interest on all monies owed by Customer shall be calculated daily and compounded monthly, at the lesser of (a) the rate of one and a half percent (1.5%) per month or (b) the highest rate permissible under Applicable Law. In the event that Customer defaults on any payment, Customer shall be liable for Artisan's costs of collection, including reasonable attorney's fees.
6. CANCELLATION
All purchases are non-refundable. If you are on a legacy recurring monthly subscription, you can cancel your subscription at any time by contacting us. If you have signed an annual commitment order form, you must abide by the cancellation terms specified within your order form.
If you are unsatisfied with our Services, please email us at hello@artisan.co.
7. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors that may compete with our Services or contribute to any of our competitors.
As a user of the Services, you agree not to:
Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
Make false or misleading statements intended to damage our reputation and/or that of the Services.
Use any information obtained from the Services in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Services in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Services.
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 party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
Engage in any automated use of the system, other than the automated scripts used to provide the Services, such as 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 username of another user.
Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
Copy or adapt the Services' 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 the Services.
Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or texts, or creating user accounts by automated means or under false pretenses.
Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
Attempt to use the Services for anything other than their advertised intended purpose.
Spam people.
8. CONFIDENTIALITY
Either party may provide the other party with confidential and/or proprietary materials and information (“Confidential Information”). All materials and information provided by the disclosing party and identified at the time of disclosure as “Confidential” or bearing a similar legend, and all other information that the receiving party reasonably should have known was the Confidential Information of the disclosing party, shall be considered Confidential Information.Â
These Legal Terms and the purchase terms of any Order Form, including all pricing terms, constitute Confidential Information. The receiving party shall maintain the confidentiality of the Confidential Information and will not disclose such information to any third party without the prior written consent of the disclosing party. The receiving party will only use the Confidential Information internally for the purposes contemplated hereunder.Â
The obligations in this Section shall not apply to any information that: (a) is made generally available to the public without breach of these Legal Terms, (b) can be reasonably shown to be developed by the receiving party independently from and without reference to the Confidential Information, (c) is disclosed to the receiving party by a third party without restriction, or (d) was in the receiving party’s lawful possession prior to the disclosure and was not obtained by the receiving party either directly or indirectly from the disclosing party.Â
The receiving party may disclose Confidential Information as required by law or court order; provided that, the receiving party provides the disclosing party with prompt written notice thereof and uses its best efforts to limit disclosure. At any time, upon the disclosing party’s written request, the receiving party shall delete or return to the disclosing party, at the receiving party’s selection, all disclosing party’s Confidential Information in its possession, including, without limitation, all copies and extracts thereof, except for a copy as necessary for compliance purposes and archival copies such as in backup systems, and provide written confirmation of the same on the disclosing party’s request.
9. PUBLICITY
Upon Customer’s written approval, Customer will authorize Artisan to identify Customer as an Artisan Customer, and use Customer’s name, mark, and logo on Artisan’s website and in Artisan’s marketing materials with respect to the same, provided that such use does not reveal any Customer Confidential Information.Â
In addition, Customer agrees to participate in certain publicity activities by Artisan, such as a case study, customer quote, and joint press release, subject to Customer’s written approval.
10. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, data, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, contact information, Output, and other content or items belonging to or originating from third parties (“Third-Party Content”). We reasonably investigate, monitor, or check such Third-Party Websites and Third-Party Content for accuracy, appropriateness, or completeness, but we are not responsible or liable for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content, unless we have explicitly given any written guarantees as to the Services or Third-Party Content, such as in a separate service level agreement. In such a case, any remedies are solely limited to those provided in the guarantee.Â
11. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
12. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy: https://artisan.co/privacy-policy/. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Artisan will manage Customer Data containing PII as set forth in Artisan’s Privacy Policy (artisan.co/privacy-policy). Â
Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. If you transfer data to the United States from another jurisdiction, especially from the European Union, please notify us so that we may establish proper data transfer protocols and agreements.
13. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.
14. TERM AND TERMINATION
The Term of Services shall be as stated in any Service Order. Unless otherwise stated in a written notice approved by both parties, any Term of Services agreed between Artisan and Customer will automatically renew for additional successive terms of the same period as the Initial Term unless earlier terminated pursuant to this Agreement’s express provisions or either Party gives the other party written notice of non-renewal at least 30 days prior to the expiration of the then-current term. Artisan may adjust the Fees for the next Renewal Term upon notice at least 14 days prior to the commencement of the Renewal Term.
A Term of Services may be terminated: (a) by either Party if the other has materially breached this Agreement, within thirty (30) calendar days after written notice of such breach to the other party if the breach is remediable or immediately upon notice if the breach is not remediable; or (b) by either Party if the other Party (i) has made or attempted to make any assignment for the benefit of its creditors or any compositions with creditors, (ii) has any action or proceedings under any bankruptcy or insolvency laws taken by or against it which have not been dismissed within sixty (60) days, (iii) has effected a compulsory or voluntary liquidation or dissolution, or (iv) has undergone the occurrence of any event analogous to any of the foregoing under the law of any jurisdiction. Â
Upon any expiration or termination of any Term of Services, Customer shall (i) immediately cease use of the Service, and (ii) each Party shall return all Confidential Information and other materials and information provided for use of the Services. Any termination or expiration shall not relieve Customer of its obligation to pay all Fees accruing prior to termination.Â
15. MODIFICATIONS AND INTERRUPTIONS
The Service, when used by Customer in accordance with the provisions of this Agreement and in compliance with the applicable manuals and tutorials (“Documentation”), will perform, in all material respects, the functions described in the Documentation during the Term, in accordance with prevailing industry standards, and in compliance with applicable laws, regulations, decisions, and orders.
However, we reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion upon taking reasonable steps to give you written notice. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times, unless we have explicitly given any written guarantees as to the Services or Third-Party Content, such as in a separate service level agreement. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. Please report any issue with the Services immediately.Â
In the event of a modification, interruption, or other lapse in Services under this Agreement, Customer’s sole and exclusive remedy, and Artisan’s entire liability, shall be prompt correction of any material non-conformance in order to minimize any material adverse effect on Customer’s business, or the remedies provided in writing by us in any express guarantee.
16. GOVERNING LAW
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles.
17. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30)days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in California. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in California, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.
In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
18. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
19. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS; (2) FAILURE FOR SERVICES TO MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS; (3) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES RESULTING FROM CONDITIONS BEYOND OUR CONTROL; AND/OR (4) 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 THE SERVICES. AS WITH THE PURCHASE OF A SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
20. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, BUSINESS INTERRUPTION, REPLACEMENT SERVICES, REPUTATIONAL LOSS, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, EXCEPT FOR BREACHES OF SECTION 8 (CONFIDENTIALITY) OR SECTION 21 (INDEMNIFICATION), WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE TWELVE (12) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $10,000.00 USD. EITHER PARTY’S TOTAL LIABILITY WITH RESPECT TO A BREACH OF SECTION 8 OR 21 SHALL NOT EXCEED TWO MILLION USD ($2,000,000). 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 YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
21. INDEMNIFICATION
Each Party (“Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party harmless, including its subsidiaries, affiliates, and all their respective officers, directors, employees, and agents (collectively, “Indemnified Parties”) from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) the Indemnifying Party’s material breach of this Agreement; or (b) the Indemnifying Party’s violation of applicable laws or the rights of a third party, including intellectual property or privacy rights. Notwithstanding the foregoing, Artisan shall have no obligation to indemnify or reimburse Customer with respect to any Infringement Claim solely to the extent arising from: (i) the combination of any Customer Data with the Service; (ii) the combination of any products or services, other than those provided by Artisan to Customer under this Agreement, with the Service; or (iii) non-discretionary designs or specifications provided to Artisan by Customer that caused such Infringement Claim. In addition, Artisan shall have no obligation to indemnify or reimburse Customer with respect to any data breach Claim solely to the extent arising from (i) Customer’s own handling or use of personal data, (ii) instructions or specifications furnished by Customer to Artisan that directly cause a data breach, or (iii) any other act or omission by the Customer which contributes to or causes such data breach.Â
The Indemnified Party must notify the Indemnifying Party of a potential claim as soon as practicable, but in no event no later than thirty (30) days after receipt of such claim. The Indemnified Party shall allow the Indemnifying Party to assume full control of the defense of the claim, including retaining counsel of its choosing. The Indemnifying Party will not be liable for the fees and expenses of any other counsel retained by the Indemnified Party. The Indemnified Party shall cooperate with the Indemnifying Party in the defense of any such claim. Notwithstanding the foregoing provisions, the Indemnifying Party shall have no obligation to indemnify or reimburse for any losses, damages, costs, disbursements, expenses, settlement liability of a claim or other sums paid by any Indemnified Party voluntarily, and without the Indemnifying Party’s prior written consent, to settle a claim.
22. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. Except for any proven breach of your Customer Data under our control or any other violation of our Privacy Policy, we shall have no liability for any loss or corruption of data.
23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
24. RIGHT TO SUSPEND ACCOUNT
Artisan may suspend Customer’s access to or use of the Service as follows: (a) immediately if Artisan reasonably believes Customer’s use of the Service may pose a security risk to or may unreasonably adversely impact the Service; (b) immediately if Customer become insolvent, has ceased to operate in the ordinary course, made an assignment for the benefit of creditors, or becomes the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding; (c) following thirty (30) days written notice if Customer is in breach of this Agreement or any Service Order (and has not cured such breach, if curable, within the thirty (30) days of such notice); or (d) Customer has failed to pay Artisan the Service Fees. If any amount owing by Customer is thirty (30) or more days overdue (or 10 or more days overdue in the case of invoices to be paid by credit card), Artisan may suspend the provision of Services to Customer until the overdue amounts are paid in full. Artisan will give Customer at least ten (10) days’ prior notice that its account is overdue before suspending services to Customer due to overdue amounts.
25. HOLD HARMLESS
Artisans are programmed to conduct sales-related activities and communicate with individuals on your behalf. While we strive to provide accurate and appropriate responses, we cannot guarantee the accuracy, reliability, or completeness of the information provided by Artisan in outbound emails or messages. Furthermore, our platform is a machine learning-based system and does not have the ability to form independent beliefs, thoughts, or opinions. Artisans may hallucinate and say things that are untrue or undesirable. By using Artisan, you acknowledge and agree that: We are not liable for any statements, representations, or claims made by Artisans in outbound emails or messages. Any information provided by Artisan should be independently verified for accuracy. Any language or expressions used by Artisans are generated based on patterns in the data it was trained on and do not reflect the views or opinions of our company. It is your responsibility to review and approve the content generated by Artisans before it is sent to any recipient. You are solely responsible for the consequences of Artisan's communications and any actions taken as a result of those communications. If you turn on, or do not turn off, our autopilot feature, you will be responsible for everything your Artisans send. You agree to indemnify and hold us harmless from any claims, damages, or losses arising out of or in connection with Artisan's communications, including but not limited to claims related to defamation, intellectual property infringement, or any other legal rights. By using Artisan, you expressly acknowledge and accept these limitations. We recommend that you carefully review all communications generated by Artisan to ensure they align with your intended message and comply with applicable laws and regulations.
While you are responsible for reviewing and approving content generated by us, we shall use commercially reasonable efforts to monitor and maintain the performance and safety of the Services, and to correct known issues that result in materially false, harmful, or misleading outputs. Â
26. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
27. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
Artisan AI, Inc.
548 Market St PMB 45839
San Francisco, CA94104
United States
hello@artisan.co
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