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Terms & Conditions

Owner: Artilect Limited — info@artilect.co.nz

What the user should know at a glance​

  • Certain provisions apply only to specific user categories (Consumers vs. Business Users)
  • Clauses apply to all Users unless explicitly stated otherwise

Terms of use​

General usage requirements​

Users confirm they meet these conditions:

  • No restrictions based on Consumer or Business User status
  • Not located in U.S.-embargoed countries or "terrorist-supporting" countries
  • Not listed on U.S. Government prohibition or restriction lists

Account registration​

  • Users may register or use the Service without an account (with limited features)
  • Users must provide complete and truthful information when registering
  • Users are responsible for keeping login credentials confidential
  • Passwords must meet highest strength standards
  • Users are fully responsible for all account activities
  • Users must immediately notify the Owner if personal information is compromised

Conditions for account registration​

  • Bot-automated accounts are prohibited
  • Users should register only one account (unless explicitly permitted)
  • Accounts generally cannot be shared with other persons

Account termination​

Users may terminate accounts by contacting the Owner at the provided contact details.

Account suspension and deletion​

  • The Owner reserves the right to suspend or delete accounts deemed inappropriate or in violation of Terms
  • Suspension or deletion does not entitle users to compensation or reimbursement
  • Users remain liable for fees even if accounts are deleted due to user misconduct

Content on this application​

  • All content is owned or provided by the Owner or licensors
  • The Owner endeavours to ensure content does not infringe legal provisions or third-party rights
  • Users should report complaints using provided contact information

Rights regarding content​

The Owner holds and reserves all intellectual property rights for any such content.

Users may not:

  • Copy, download, share, modify, translate, transform, publish, transmit, sell, sublicense, or create derivative works
  • Allow third parties to do the above through their device
  • Violate these restrictions even without conscious knowledge

Where explicitly stated, users may download and share content for sole personal, non-commercial use with proper attribution. Statutory copyright limitations remain unaffected.

Access to external resources​

  • The Owner has no control over third-party resources
  • The Owner is not responsible for third-party content or availability
  • Third-party terms govern use of their resources

Acceptable use​

This Application and the Service may only be used within the scope of what they are provided for. Users are solely responsible for ensuring use does not violate applicable law or third-party rights.

The Owner reserves the right to take appropriate measures, including:

  • Denying access to the Application or Service
  • Terminating contracts
  • Reporting misconduct to competent authorities

Prohibited activities include:

  • Violating laws, regulations, or these Terms
  • Infringing third-party rights
  • Impairing the Owner's legitimate interests
  • Offending the Owner or third parties

Liability and indemnification​

Australian users — limitation of liability​

Nothing excludes rights under the Competition and Consumer Act 2010 (Cth) or similar legislation that cannot be excluded. To the fullest extent permitted by law, our liability to the User is limited, at the Owner's sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.

US users — disclaimer of warranties​

This Application is provided strictly on an "as is" and "as available" basis. The Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory, or otherwise, including merchantability, fitness for particular purpose, and non-infringement.

No advice creates additional warranties. The Owner does not warrant:

  • Content accuracy, reliability, or correctness
  • The Service will meet User requirements
  • Service availability, uninterrupted access, or security
  • Defects or errors will be corrected
  • The Service is virus-free or harmless

Any content downloaded or otherwise obtained through the use of the Service is downloaded at the user's own risk. The Owner does not endorse or assume responsibility for third-party products or services. The Service may become inaccessible or malfunction with certain browsers, devices, or operating systems.

US users — limitations of liability​

To the maximum extent permitted by law, the Owner is not liable for:

  • Indirect, punitive, incidental, special, consequential, or exemplary damages
  • Damages for lost profits, goodwill, use, data, or intangible losses
  • Damage from hacking, tampering, or unauthorised access
  • Errors, mistakes, or content inaccuracies
  • Personal injury or property damage from Service use
  • Unauthorised access to secure servers or personal information
  • Transmission interruption or cessation
  • Bugs, viruses, or trojan horses
  • Losses from content use
  • Defamatory, offensive, or illegal User or third-party conduct

In no event shall the Owner be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner in the preceding 12 months, or the period of duration of this agreement. This applies regardless of legal basis, even if the Owner was advised of damage possibility. Some jurisdictions do not allow consequential damage exclusions, so limitations may not apply.

Indemnification​

The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands.

Users indemnify the Owner for:

  • User's use and access to the Service, including transmitted and received data
  • Violations of these Terms
  • Third-party rights violations (privacy, intellectual property)
  • Statutory law violations
  • Misleading, false, or inaccurate content from User's account
  • User's willful misconduct

Common provisions​

No waiver​

The Owner's failure to assert rights does not constitute a waiver. No waiver is a continuing or further waiver.

Service interruption​

The Owner reserves the right to interrupt the Service for maintenance, updates, or changes, with appropriate User notification. The Owner may suspend or terminate the Service entirely. Upon termination, the Owner will cooperate to enable User data withdrawal per applicable law.

The Service may become unavailable due to force majeure (labour actions, infrastructure failures, blackouts, etc.) outside the Owner's reasonable control.

Service reselling​

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Application and of its Service without the Owner's express prior written permission.

Privacy policy​

Users should refer to the privacy policy for personal data use information.

Intellectual property rights​

Any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Application are the exclusive property of the Owner or its licensors. All trademarks, marks, trade names, service marks, illustrations, images, and logos are the Owner's exclusive property, subject to applicable intellectual property protection.

Changes to these terms​

The Owner reserves the right to amend or modify Terms. Users will be appropriately informed. The continued use of the Service will signify the User's acceptance of the revised Terms. Users may stop using the Service if unwilling to accept changes.

Assignment of contract​

The Owner reserves the right to transfer, assign, dispose of through novation, or subcontract rights and obligations, considering User's legitimate interests. Users cannot assign or transfer rights or obligations without the Owner's written permission.

Contacts​

All Service-related communications must use the contact information stated in this document.

Severability​

Invalid or unenforceable provisions will not affect remaining provisions' validity, which remain fully enforceable.

Governing law​

These Terms are governed by the law of the place where the Owner is based.

Venue of jurisdiction​

Courts at the Owner's location have exclusive competence over disputes.