Terms of Use

01 Introduction

These Terms of use ("Terms") constitute a binding legal agreement between Artes US Inc. and its affiliated companies (collectively, "Artes", "we," "our," or "us") and you ("you" or "your") and govern your access and use of the website available at artestudio.io ("Website"), our skill-based game(s), including Statistical 21 ("App(s)"), and related materials, tools and services that we provide (collectively, the "Services").

By registering an account and participating in any competitions and tournaments held in the Services, you affirmatively signify that you have read, understood, and agree to be bound by these Terms (including the arbitration agreement and class waiver in Section 19), our Privacy Policy, as well as any other policy we may make available, each incorporated herein by reference.

02 Use of Our Services and License

Artes's Services include a platform for skill games, including cash competitions and tournaments, which may require you to register with Artes and create an account by providing us certain information about yourself, in accordance with our Privacy Policy.

All competitions and tournaments offered on the Services are games of skill. Winners are determined solely by the objective criteria described in our rules. Individuals who better use their relevant skill and knowledge and accumulate the highest scores will be the winner(s). The Services may not be used for any form of gambling.

By using Artes's Services, you agree and acknowledge that your participation is only for entertainment purposes and not part of your business.

Subject to these Terms, Artes grants you a personal, non-exclusive, limited, non-transferable, non-assignable, non-sublicensable license to run the Services on a Device owned or controlled by you, solely for the purpose of accessing and using the Services in accordance with these Terms.

03 Modification of Terms or Services

Artes has the right, at any time and in our sole discretion, to amend or replace any part of these Terms without prior notice. We may notify you of any updated Terms by posting notice on the Website, by providing notice at the contact details associated with your account, or in any other way we deem reasonable.

All such changes are effective immediately when posted, or at a later date specified in the notice. If you continue to use the Services after updated Terms are published, you consent and accept the changes. If you object to any such changes, your sole recourse is to cease using the Services.

We reserve the right, at any time, to stop offering the Services; terminate or suspend your account; modify or discontinue the Services; limit availability to any person, geographic area, or jurisdiction; and charge, modify, or waive fees in connection with the Services.

04 Compliance with Laws

Various rules, regulations and laws addressing sweepstakes, contests, and tournaments with entry fees and/or prizes ("Gaming Laws") may govern your participation in competitions, and are set by each individual state, country, territory, or jurisdiction. We do not offer Cash Competitions to users in any jurisdiction in which such competition violates applicable Gaming Laws ("Prohibited Jurisdiction").

You are solely responsible for your compliance with all applicable laws. Services and competitions are void where prohibited or restricted by applicable law. Your participation is at your own risk. We reserve the right to monitor the location from which you access the Services and may block access from any Prohibited Jurisdiction.

You must comply with all applicable export and sanction laws. The Trade Controls prohibit use of the Services by any individual located in countries subject to U.S. government sanctions (currently Cuba, Iran, Syria, North Korea, and the Crimea region of Ukraine) or on any list of prohibited persons or entities maintained by the U.S. or E.U. governments.

05 Eligibility

Our Services are intended solely for users who are eighteen (18) years of age or older (unless the applicable age of majority in your state of residence is higher). Any registration, use or access to the Services by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms.

By accessing and/or using the Services, you represent and warrant that you:

• Are over the age of eighteen (18) and/or over the legal age of majority in your jurisdiction;
• Have the legal power to form a binding contract with Artes;
• Are physically located in a jurisdiction in which participation in your selected competition is unrestricted; and
• Agree to at all times abide by these Terms and all applicable laws.

06 Prohibited Uses

General

You may use the Services only for lawful purposes. You are solely responsible for all of your activity in connection with the Services. You may not, and shall not permit any third party to, take any action that:

• Makes use of the Services for any purpose except as provided in these Terms;
• Is illegal, threatening, abusive, harassing, defamatory, fraudulent, or otherwise inappropriate;
• Contains malicious software or code designed to damage, disrupt, or gain unauthorized access to any system;
• Attempts to reverse engineer, decompile, or disassemble the Services;
• Violates any intellectual property rights or proprietary rights of Artes or any third party;
• Uses automated systems (robots, spiders, scrapers) to access the Services at a rate exceeding normal human activity;
• Impersonates any individual or entity, including Artes employees;
• Encourages money laundering or illicit gambling; or
• Disables or circumvents any access control or related device, process, or procedure established with respect to the Services.

Unfair Methods

You represent and warrant that you will not engage in any activity that interrupts or attempts to interrupt the operation of the Services. The following behaviors are considered use of unfair methods:

• Opening and/or using multiple accounts;
• Use of unauthorized or altered software or hardware to assist play;
• Collusion with other players;
• Deliberate transfer of money between accounts (e.g. money laundering);
• Harassment of other participants;
• Posting objectionable material;
• Breach of these Terms; and/or
• Breach of security of your account.

Any behavior or act that unfairly alters your chance of winning or constitutes fraud ("Abuse") may result in immediate termination of your account, forfeiture of prizes, and disgorgement of prizes received. Artes reserves the right to disclose any money laundering or other illegal activity to law enforcement.

07 Device Information

In order to use our Services, you must have an internet connection. We may collect certain information from you and your internet-enabled device ("Device") to make the Services available, such as hardware system profile data, internet connection data, and any other data related to the operation of the Services.

We do not warrant that our Services will work on all devices. You are solely responsible for obtaining and maintaining compatible devices necessary to access and use our Services.

08 Account Registration

Creating Your Account

You may be required to register and create an account by providing information such as a unique username, date of birth, payment and billing information, contact information, and any other information we request. You agree to provide true and accurate information.

Account Security

You are solely responsible for keeping your account information secure. You must not share your account information with anyone and must notify Artes immediately if you lose control of your account or suspect unauthorized activity. You remain fully liable for any actions taken in respect to your account, regardless of whether those actions were taken by you or an unauthorized third party.

Identity Verification

We reserve the right to verify all your registration details at any time by requesting documents including government-issued identity, proof of address, and proof of payment method. If document requests are not completed, Artes may at its sole discretion terminate the account and withhold any funds therein.

Publishing Account Data

By participating and using the Services you consent to our use of your name, voice, likeness, and location in connection with the publishing of winners pursuant to these Terms and the development, production, distribution and/or exploitation (including marketing and promotion) of the selected contest and/or other Artes contests and Artes generally, unless otherwise prohibited by law. You agree that participation in and (where applicable) the winning of a prize in connection with a contest constitute complete compensation for your obligations under this paragraph, and you agree not to seek to charge a fee or impose other conditions on the fulfillment of these obligations. The rules specific to certain contests may contain additional publicity obligations or may require a written signature on a separate publicity waiver. In addition, we may publish statistics pertaining to successful users and create informal competitions between various categories of users in a manner which shall be accessible to all users of the game.

09 Virtual Items

The Services may include an opportunity to earn or obtain virtual in-game currency, including virtual coins, points, credits, bonuses, and/or chips (collectively, "Virtual Items"). Virtual Items can never be redeemed or cashed out for real-world money or any other item of monetary value.

You may not sublicense, trade, sell, or attempt to sell Virtual Items for real money without Artes's written permission. Your acquiring of Virtual Items is final and not refundable, transferable, or exchangeable, except in Artes's sole discretion.

Artes retains the right to manage, regulate, control, modify, and/or eliminate Virtual Items at its sole discretion, and shall have no liability to you or anyone for the exercise of such rights. Prices and availability of Virtual Items are subject to change without notice. Virtual Items may only be held by legal residents of countries where access to and use of the Services are permitted, and may only be acquired or awarded from us or through means we provide on our Services or otherwise expressly authorize.

You will not receive money or other compensation for unused Virtual Items when an account is closed, whether such closure was voluntary or involuntary. All Virtual Items are forfeited if your account is terminated or suspended for any reason, or if the Services are no longer available. If your account is terminated or suspended, or if any Virtual Items are selectively removed or revoked from your account, no refund will be granted and no Virtual Items will be credited to you or converted to cash or other forms of reimbursement.

10 Winnings, Account Funds and Payments

Some competitions within the Service may require payment of a fee to participate ("Fee(s)"). All Fees shall be made known to you prior to entry in any competition or tournament. If you play a competition without depositing U.S. Dollars into your account for that competition, then you are a "Non-Cash Player" with respect to such competition. However, if you play in a competition that requires an entry fee paid in U.S. Dollars ("Cash Competition"), then you are a "Cash Player."

If you agree to enter a Cash Competition, you agree to pay those Fees associated with entry. All Fees must be prepaid, and are non-refundable. You are fully responsible and liable for all charges, deposits and withdrawals made under your account, including any unauthorized charges, deposits or withdrawals. We may change the price of Services at any time, but no price change will affect your past purchases.

We may change Fees with or without notice to you. By providing us with a payment method, you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; and (ii) authorize us to charge you for the Services using your payment method. We may bill you (a) in advance; (b) at the time of purchase; or (c) shortly after purchase, in our sole discretion.

You agree to notify us about any billing problems or discrepancies within 30 days after they first appear on your account statement. If you do not bring them to our attention within 30 days, you agree that you waive your right to dispute such problems or discrepancies. If we identify a Fee error, we will correct that error within 90 days. You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted. We may suspend or terminate your account if a charge you authorize us to make to your payment method cannot be processed or is returned to us unpaid, in which case you shall immediately remit to us payment through an alternative payment method.

As a Cash Player, you acknowledge that we reserve the right to change, at our sole discretion and without prior notice: (i) any method for evaluating your funds; and (ii) any withdrawal-related rules, including the minimum withdrawal amount, withdrawal methods and withdrawal fees. Upon a withdrawal request, you may be required to submit your full name, permanent residential address, ID, phone number, and payment information. Failure to provide the required information may result in our inability to process your withdrawal for any winnings. Participating in Cash Competitions may, in our sole discretion, require establishing a positive account balance prior to entry. By submitting this information, you consent to allowing us to share your personal and payment information in confidence with third-party service providers for the purposes of validating your identity and assessing transaction risk, and for any other purposes detailed in our Privacy Policy. Artes reserves the right to issue or process withdrawals solely via payment methods supported by Artes.

If you make a credit card deposit, we may submit an authorization request to the issuing bank of at least ten U.S. Dollars ($10.00) to your credit limit, even if the actual amount charged may be lower. Your personal account (whether a bank account, credit card, PayPal or other) may incur additional fees and/or commissions for receiving funds from your Artes account, and we are not responsible for paying those fees or commissions even if they exceed the withdrawn amount itself.

Artes may, from time to time in our sole discretion, grant you free bonus funds and/or credits ("Bonus Funds"). Bonus Funds can be used to enter Cash Competitions, have no cash value, and cannot be withdrawn, transferred, converted to cash, or used for any other Services. When you enter a Cash Competition, we may deduct a certain amount of Bonus Funds as an entry fee; additional Bonus Funds will be used to enter Cash Competitions if it is the only currency available in your account. If you initiate any withdrawal of funds from your account, all Bonus Funds currently in your account will be immediately and automatically forfeited and reset to zero. If you do not enter a Cash Competition within a continuous ninety (90) day period, all Bonus Funds in your account will be forfeited.

If you are a Cash Player, you may request a withdrawal of funds from your available account balance at any time. Processing of requested funds may take up to fourteen (14) days; we may freeze your account and/or delay a withdrawal request pending completion of any investigation of reported or suspected abuse or fraud, verification of eligibility, or to comply with applicable laws. If you choose to close your account, any funds in your account will be forfeited; if you want to withdraw funds, you must request to do so prior to terminating your account. If we unilaterally close or terminate your account due to a violation involving fraud, illegal behavior, or cheating, funds in your account may be forfeited and not returned to you.

If your account is inactive (i.e. you have not entered at least one competition or tournament) for six (6) consecutive months or more, we reserve the right to charge a maintenance fee of $2.00 per month, according to the applicable currency in your jurisdiction (the "Monthly Maintenance Fee"). After five (5) or more months of inactivity, you will be notified by email that if your account remains inactive for one (1) more month we may close it, at our sole discretion. The Monthly Maintenance Fee will not be deducted if there are no funds in your account.

If you receive a prize in error, we may reverse or require return of the prize, and you agree to cooperate with us in doing so. We may also reduce payment to you without notice to adjust for any previous overpayment. Competition results and prize calculations are based on the final statistics and scoring results at the completion of the competition; once results are reviewed and graded, prizes are awarded and will not be changed regardless of any later statistics or scoring adjustments, except in Artes's sole discretion. Artes reserves the right to cancel competitions at any time; in the event of a cancellation, all entry fees will be refunded to you except as specifically provided in these Terms or applicable rules.

You must promptly notify us of any changes to your credit card account number, expiration date and/or billing address, or if your credit card expires or is canceled. We are not liable for any loss caused by unauthorized use of your credit card or other payment method by a third party. Any attempt to defraud through the use of credit cards or other payment methods, or any failure by you to honor legitimate charges, will result in immediate termination of your account, forfeiture of winnings, and pursuit of civil litigation and/or criminal prosecution.

You are solely responsible for recording, paying and accounting to any relevant governmental, taxation or other authority for any tax or other levy that may be payable on any winnings paid to you. We may provide or require you to provide federal or state tax forms and may withhold from your existing account balance and/or future winnings any amount required to be withheld by applicable law, including amounts due in connection with your failure to complete relevant tax documentation, but you remain solely responsible for paying all applicable taxes. In certain circumstances, we may require you to pay Sales Tax, VAT, or GST as required by applicable law; all taxes payable will be calculated and added on top of any withdrawal or deposit amounts, as applicable.

By making a deposit or entering a Cash Competition, you further represent that you are not subject to backup withholding tax because: you are exempt from backup withholding; or you have not been notified by the Internal Revenue Service (IRS) that you are subject to backup withholding as a result of a failure to report all interest or dividends; or the IRS has notified you that you are no longer subject to backup withholding.

11 Skill Matching, Historical Playthrough and Beat the Score

Artes employs technological measures to ensure a fair skill-matching experience for its players, which is always based on the players' assessed skill level. Skill levels are determined based on various factors, including players' past scores and historical performance, improvement over time, the types of contests and their difficulty, and other relevant factors. Artes also employs fraud detection techniques aimed at ensuring that players do not circumvent our skill-matching algorithm.

While Artes attempts to match players with real, live players, in certain instances and in order to provide players with suitable matching, our algorithm may pair players with a historical playthrough of real players (namely, a score that another player received in the same game), which would always be of similar skill level to the opponent. Such pairing would never impact the skill-matching logic; in all circumstances, players are always paired with opponents of similar skill level, and matching is never based on a player's score in a current game and is determined in advance of the player's gameplay.

By using the Services, you acknowledge and agree that when you play a game, you may be matched with another player's historical playthrough for the purposes of determining the outcome of a game. Whether or not you win a prize in any contest is based on whether your score is higher than the other player(s) in the game.

Artes may offer a gameplay mode in which you do not compete against another player, but instead play against a pre-determined, fixed score ("Target Score"). This feature is referred to as "BTS." In BTS, you will be presented with a Target Score determined based on criteria such as your historical performance and current skill level. The Target Score is set before the contest begins using a methodology that evaluates your recent gameplay performance and assigns you to a skill-based cohort. Once a BTS contest is initiated, the Target Score is fixed and is not subject to any adjustment during play.

By using the BTS gameplay mode, you acknowledge and agree that you are not playing against live players. Whether you win or lose depends on whether your score exceeds the Target Score in the game. If your score exceeds a designated target, you advance to the next goal and qualify for a higher prize tier - the further you progress through the target score thresholds, the greater the prize awarded. If your score does not exceed any target, the entry fee is retained by the platform. Additional information is included in our FAQ; you are also welcome to contact our customer support team.

12 Artes' Intellectual Property Rights

The Services, images, text, graphics, illustrations, trademarks, brands, copyrights, photographs, audio, videos, music, logos, designs, Virtual Items, and any part thereof are the property of Artes or their respective owners.

You agree not to use, copy, reproduce, publish, or borrow any content or trademarked work without explicit permission from Artes. Nothing in these Terms shall be deemed to create a license in or under any such intellectual property rights.

If you submit Feedback about the Services, you agree that your disclosure is gratuitous, unsolicited, and without restriction, and that we are free to disclose or use the Feedback without additional compensation to you.

13 Third Party Services

The Services may provide links to third-party websites, apps, or services not owned or controlled by us. These links are provided as a convenience and do not signify Artes's endorsement or liability for such Third Party Services. Your use of such services is made at your own risk and subject to the terms of those services.

If you downloaded the Apps from the Apple App Store or are using the Apps on an iOS device, you acknowledge that these Terms are between you and Artes only. Apple is not a party to these Terms and has no responsibility or obligation regarding the Services, including product liability claims, regulatory compliance, or intellectual property infringement claims.

14 Limitation of Liability

In no circumstances shall Artes, its subsidiaries, affiliates, or the directors, officers, employees, or other representatives of each of them (collectively, "Artes Entities and Individuals") be liable to you for any loss or damages of any kind (including without limitation any special, direct, indirect, incidental, exemplary, economic, punitive, or consequential damages) directly or indirectly related to the Services, your uploaded information, or use of or inability to use the Services.

In no event will the Artes Entities and Individuals' total liability to you for all damages, losses, or causes of action exceed one hundred U.S. Dollars ($100).

If you are dissatisfied with the Services, your sole and exclusive remedy is to discontinue accessing and using the Services. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.

15 Disclaimer of Warranties

The Services are provided to you on an "as is" and "as available" basis, without any warranty of any kind, either expressed or implied. Artes does not warrant or guarantee protection from viruses or other malware, that the Services shall be uninterrupted, or that the Services shall be error free.

We do not and cannot guarantee that use of our Services will generate you any profits, or take responsibility for any losses to your account. Some jurisdictions limit or do not allow the disclaimer of implied warranties so the above disclaimer may not apply in full.

16 Term, Termination and Inactivity

These Terms apply from the date that you accept them. You may terminate your Artes account at any time by sending us a support request at support@artestudio.io or following the instructions provided through the Services.

Upon termination of your account, you must immediately discontinue use of the Services and all licenses and rights granted to you automatically terminate. Artes may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Services without notice upon any violation of these Terms.

17 Indemnification

You agree to defend, indemnify, and hold Artes and its subsidiaries, officers, and employees harmless from any and all claims, liabilities, costs, and expenses, including reasonable attorneys' fees, arising in any way from your use of and access to the Services, including any data transmitted by you, your violation of any term of these Terms, your violation of any law or regulation, your violation of any third-party right, or any other party's access and use of the Services with your account.

18 Governing Law

If you reside or use our Services in the U.S., these Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of law principles. For all disputes not subject to arbitration, you consent to the exclusive jurisdiction and venue of the state and federal courts in New York County, New York.

Otherwise, for any dispute not subject to arbitration, these Terms shall be governed by and construed in accordance with the laws of the State of Israel. You consent to the exclusive personal jurisdiction and venue of Tel Aviv, Israel.

19 Agreement to Arbitrate / Class Action Waiver

Legal notices shall be served at the address provided in the Contact section (in case Artes is served) or your email address on file with us (in case you are served). Notice by us to you shall be deemed given twenty-four (24) hours after the email is sent, or three (3) days after the date of mailing to your physical address, regardless of whether such notice is returned to us. It is your responsibility to keep your contact information updated.

You and Artes will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. That notice should contain proof of your relationship with Artes, the nature and legal basis for the dispute, and an individual monetary demand if such relief is sought. Any applicable limitations period will be tolled during this 60-day informal dispute resolution period. Filing any claims before the end of this period and without engaging in this process could result in the award of fees in arbitration. If the dispute is not resolved within such time period, any and all disputes or claims between you and Artes shall be resolved exclusively through final and binding arbitration, according to the following.

For U.S. residents: The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. You knowingly, voluntarily and intentionally waive (to the extent permitted by applicable law) any right to a trial by jury of any dispute arising under or relating to these Terms or your use of the Services. If this agreement to arbitrate is held not to apply to any claim, that claim will be tried in a court of competent jurisdiction before a judge sitting without a jury. The arbitration will be conducted by National Arbitration and Mediation ("NAM"), under their rules and procedures as applicable, including the commercial arbitration rules, as modified by this agreement. The arbitrator has the right to impose sanctions in accordance with NAM rules for any claims determined to be frivolous or improper, applying the standards set forth in Federal Rule of Civil Procedure 11. NAM has discretion to modify the amount or timing of any administrative or arbitration fees due under NAM's rules where it deems appropriate, provided such modification does not increase the costs to you. The arbitration shall be held in New York City or another mutually agreed upon location. For the avoidance of doubt, the availability of a more convenient forum for arbitration shall have no effect on the governing law and venue specified in this Section regarding litigation.

For non-U.S. residents: The Israeli International Commercial Arbitration Law, 5784-2024, shall govern the interpretation and enforcement of this agreement to arbitrate, which constitutes an international arbitration agreement whose subject matter relates to more than one jurisdiction. The arbitration shall be conducted in accordance with the International Chamber of Commerce Rules of Arbitration, except as modified herein. The seat of the international arbitration shall be Tel Aviv, Israel, or another mutually agreed upon location, and shall be conducted in the English language, by one arbitrator. The parties will endeavor to agree on the appointment of the arbitrator; if the parties fail to agree within thirty (30) days of receipt of the arbitration notice, either party may refer the appointment to the relevant Israeli court, which shall act as the appointing authority.

For both U.S. and non-U.S. residents: Each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class, representative, or private attorney general action, whether in arbitration or litigation. Unless Artes agrees otherwise in a separate writing, the arbitrator may not consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative, class, or private attorney general action or proceeding. In individual cases, the arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary for that party's individual claim; in consolidated cases (where Artes consents), relief may cover the consolidated claims, but any relief awarded cannot affect Artes users not involved in the claims. If a court decides that applicable law precludes enforcement of these class-action-waiver provisions as to any claim, that claim (and only that claim) must be severed from the arbitration and resolved in court, subject to the parties' right to appeal.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability, or formation of this agreement to arbitrate or the Terms, including any claim that all or part of this agreement is void or voidable, and any dispute regarding the payment of administrative or arbitrator fees. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity, and may allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute.

If the value of the relief sought is $10,000 or less, either party may elect to have the arbitration conducted by telephone or based solely on written submissions, subject to the arbitrator's discretion to require an in-person hearing. The arbitrator's award shall be final and binding, and judgment on the award may be entered in any court having jurisdiction. You are responsible for your own attorneys' fees unless the arbitration rules or applicable law provide otherwise. If the arbitrator finds the arbitration to be non-frivolous, Artes will pay the remaining filing and arbitrator fees, provided your claim (or the consolidated claims) does not exceed $75,000; for claims above $75,000, fees and costs will be determined in accordance with the applicable NAM Rules (U.S. residents) or ICC Rules (non-U.S. residents) and the arbitrator's decision.

The existence of the arbitration, any information provided in it, and any submissions, orders, or awards made in it shall be kept confidential unless required by law, by governmental authorities, or for the purpose of legal proceedings, and neither party will consent to publication of such confidential information.

To the extent permitted by applicable law, any claim or dispute under these Terms related to your access or use of the Services must be filed within one (1) year from the date of the cause of action, or you will have waived and be permanently barred from bringing such dispute.

Exception: Litigation of Intellectual Property and Small Claims Court Claims. Either party may bring an action in state or federal court to protect its Intellectual Property Rights (patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights), or elect to have disputes resolved in a small claims court within that court's jurisdiction, or seek a declaratory judgment or other equitable relief regarding whether a claim is time-barred or may be brought in small claims court, without waiving the right to arbitration under this agreement.

30-Day Right to Opt Out: You have the right to opt out and not be bound by this arbitration clause by sending written notice of your decision to opt out to: terms-support@artestudio.io. The notice must be sent within 30 days of your first use of the Services, or the issuance of a materially changed clause, whichever is later, otherwise you shall be bound to arbitrate disputes under the terms of this Section. If you opt out of a new clause, the prior clause will continue to govern disputes between you and Artes. If you opt out of arbitration, Artes will also not be bound to arbitrate. If Artes removes this Section 19 entirely in the future, restoring the right to proceed in court, no opt-out from that change would be required.

Changes to this Section: Artes will provide 30 days' notice of any material changes affecting the substance of this Section 19. Changes become effective on the 30th day. If you continue to use the Services after the 30th day, any unfiled claims are subject to the revised clause.

20 Notifications

Artes may provide notifications via email notice, written or hard copy notice, or through conspicuous posting on the Services. Notice by email to you shall be deemed given twenty-four (24) hours after the email is sent. Notice by mail shall be deemed given three (3) days after the date of mailing. It is your responsibility to keep your contact information updated.

21 No Waiver and Force Majeure

Artes's failure to exercise or enforce any right or provision in these Terms shall not be considered a waiver of such right or provision, unless agreed upon in writing. Artes will not be responsible for any failures to fulfill any obligations due to causes beyond its reasonable control.

22 Assignment of Rights

You may not transfer, assign, sublicense, or pledge in any manner your account or any of your rights or obligations under these Terms. Artes may transfer, assign, sublicense, or pledge in any manner any of its rights and obligations under these Terms to any subsidiary, affiliate, or successor thereof or to any third party, without notifying you or receiving your consent.

23 Survival

Any and all terms and conditions within these Terms that should, by their nature, survive termination will survive such termination. The following provisions shall survive: Compliance with Laws, Prohibited Uses, Limitation of Liability, Indemnification, Artes' Intellectual Property Rights, Term and Termination, Agreement to Arbitrate/Class Action Waiver, and Governing Law.

24 Severability

If any part of these Terms is held by a court of law to be invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect the original intentions of the parties, and the remaining portions shall remain in full force and effect.

25 Language

You acknowledge that these Terms, and all related documents, have been prepared in English. If these Terms are translated into another language, the English language text shall in any event prevail.

26 Contact Us

If you have any questions about these Terms or Artes's Services in general, please contact us at:

22583 E Union Circle, Aurora, CO 80015
Email: support@artestudio.io