Legal · Edition 01

Terms of Service.

Effective date · March 22, 2026

WHEREAS, Artistik, a d/b/a of Digideal LLC, a limited liability company organized under the laws of the State of Delaware, United States, with its registered address at 16192 Coastal Highway, Lewes, Delaware 19958-9776 (hereinafter referred to as the “Company,” “Artistik,” “we,” “us,” or “our”), operates an AI-powered creative content generation platform accessible at artistik.ai and app.artistik.ai (collectively, the “Platform”); and

WHEREAS, the User (hereinafter referred to as “you,” “your,” or “User”) desires to access and utilize the Platform and the services made available thereon (collectively, the “Service”);

NOW, THEREFORE, by accessing, browsing, or otherwise using the Service, you hereby acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service (these “Terms”), together with the Privacy Policy incorporated herein by reference. If you do not agree to these Terms in their entirety, you are not authorized to access or use the Service, and you must immediately cease all use thereof.

1. Definitions

1.1 “Affiliate” shall mean any entity that directly or indirectly controls, is controlled by, or is under common control with a party, where “control” means ownership of fifty percent (50%) or more of the voting securities or equivalent ownership interest.

1.2 “Generated Content” shall mean any and all text, images, audio, multimedia works, novels, graphic novels, audiobooks, screenplays, and other creative output produced by or through the Service in response to User Content.

1.3 “Intellectual Property Rights” shall mean all patents, copyrights, trademarks, trade secrets, trade dress, domain names, moral rights, and any other intellectual or industrial property rights, whether registered or unregistered, and all applications, renewals, extensions, and restorations thereof, now or hereafter in force and effect worldwide.

1.4 “Platform IP” shall mean the Service, including without limitation all software, source code, object code, algorithms, machine learning models, artificial intelligence models, APIs, user interfaces, designs, trade names, trademarks, service marks, logos, documentation, and all Intellectual Property Rights therein.

1.5 “Subscription” shall mean any paid plan or free-tier plan through which the User accesses the Service, as described on the Platform’s pricing page.

1.6 “User Content” shall mean any and all text, prompts, descriptions, instructions, data, creative briefs, and other materials submitted, uploaded, or otherwise provided by the User to the Service.

1.7 “Credits” shall mean the unit of consumption allocated under a Subscription that is debited upon each use of the Service’s content generation features.

2. Eligibility

2.1 You hereby represent and warrant that you are at least eighteen (18) years of age or have reached the age of legal majority in the jurisdiction in which you reside, whichever is greater. The Service is not intended for, and shall not be used by, any individual who does not meet this eligibility requirement.

2.2 If you are accessing or using the Service on behalf of a corporation, partnership, limited liability company, or other legal entity, you hereby represent and warrant that you have the full right, power, and authority to bind such entity to these Terms and that such entity agrees to be bound hereby. In such case, the terms “you” and “your” shall refer to such entity.

2.3 You further represent and warrant that your use of the Service shall not violate any applicable law, regulation, or ordinance in your jurisdiction of residence or use.

3. Account Registration and Security

3.1 In order to access certain features of the Service, you shall be required to create an account. In connection therewith, you agree to: (a) provide accurate, current, and complete registration information; (b) maintain and promptly update such information to keep it accurate, current, and complete; (c) maintain the confidentiality and security of your account credentials, including your password; and (d) accept full responsibility for all activities that occur under your account, whether or not authorized by you.

3.2 You shall immediately notify the Company of any unauthorized access to or use of your account by contacting [email protected]. The Company shall not be liable for any loss or damage arising from your failure to comply with the foregoing obligations.

3.3 The Company reserves the right, in its sole and absolute discretion, to suspend, deactivate, or terminate any account that it reasonably believes (a) has been created using false or misleading information; (b) is being used in violation of these Terms; (c) is being used for fraudulent, abusive, or otherwise unauthorized purposes; or (d) poses a risk to the security or integrity of the Service or other users.

3.4 You may not maintain more than one (1) active account without the prior written consent of the Company. The Company reserves the right to merge or terminate duplicate accounts without notice.

4. Description of the Service

4.1 The Service constitutes an AI-powered creative content generation platform that enables Users to create written and multimedia content, including without limitation novels, graphic novels, audiobooks, and screenplays. The Service employs third-party artificial intelligence models and proprietary technology to produce Generated Content based upon User Content.

4.2 The Company reserves the right to modify, update, enhance, or discontinue any feature or functionality of the Service at any time, with or without prior notice. The Company shall use commercially reasonable efforts to provide advance notice of material changes that may adversely affect the User’s use of the Service.

4.3 The Service may be subject to scheduled or unscheduled downtime for maintenance, updates, or other operational purposes. The Company shall not be liable for any interruption, suspension, or discontinuation of the Service, whether planned or unplanned.

5. Credits, Billing, and Subscriptions

5.1 Credit System

The Service operates on a credit-based consumption model. Each content generation task shall consume a specified number of Credits as determined by the Company and disclosed on the Platform. Credit allocations are determined by the User’s Subscription tier and shall be replenished at the commencement of each billing cycle. Unless expressly stated otherwise in the applicable Subscription terms, unused Credits shall expire at the end of each billing period and shall not roll over, accumulate, or carry forward to subsequent billing periods. Credits hold no monetary value, are non-transferable, and are not redeemable for cash.

5.2 Subscription Plans and Pricing

The Company offers multiple Subscription tiers, which may include a free tier with limited functionality and Credits. Paid Subscriptions are billed on a monthly or annual recurring basis, as selected by the User at the time of purchase. Current pricing, Credit allocations, and Subscription features are set forth on the Platform’s pricing page and are incorporated herein by reference. The Company reserves the right to modify pricing and Credit allocations at any time; provided, however, that the Company shall provide existing subscribers with no fewer than thirty (30) days’ prior written notice before any price increase takes effect with respect to their existing Subscription.

5.3 Payment Processing

All payments are processed through Stripe, Inc., a third-party payment processor (“Payment Processor”). By subscribing to a paid Subscription, you hereby authorize the Company and its Payment Processor to charge the payment method on file on a recurring basis in accordance with your selected billing cycle. You are solely responsible for ensuring that your payment information remains current and valid. The Company shall not be liable for any failed transactions resulting from expired, declined, or otherwise invalid payment methods. Failure to remit timely payment may result in the suspension or termination of your Subscription and access to the Service.

5.4 Cancellation

You may cancel your Subscription at any time through your account settings at app.artistik.ai. Upon cancellation, your Subscription shall remain active until the conclusion of the then-current billing period, after which your account shall revert to the free tier (if available) or be deactivated. Cancellation shall not entitle you to any refund of fees already paid, whether in whole or in part.

5.5 Refunds & Money-Back Guarantee

14-day money-back guarantee on your first purchase. If your first paid transaction with Artistik — whether a credit top-up or your first subscription invoice — leaves you unsatisfied with the platform for any reason, email [email protected] within fourteen (14) calendar days of the charge and we will refund it in full, no questions asked. This guarantee applies only to the very first paid transaction on each account.

Beyond the first purchase, subscription fees and credit top-ups are non-refundable except as described below. The Company does not provide prorated refunds for partial billing periods or for unused Credits. If a job fails due to a platform error (not a user error or a content policy violation), the Company will, at its discretion, refund the credits consumed by that job upon written request submitted to [email protected] within fourteen (14) calendar days of the date of the charge in question. Credits already spent on successfully delivered artifacts are non-refundable — you keep the artifact, the Company keeps the API cost.

Refund requests should include your account email and the relevant charge or job identifier. The Company aims to respond within two (2) business days. All refund requests beyond the 14-day money-back guarantee shall be reviewed and adjudicated by the Company in its sole and reasonable discretion. The Company reserves the right to deny any refund request that it deems, in its sole judgment, to be unsubstantiated, fraudulent, or otherwise not in accordance with these Terms.

5.6 Taxes

All fees are exclusive of, and you shall be responsible for, all applicable taxes, levies, duties, and similar governmental charges (collectively, “Taxes”), excluding taxes based solely on the Company’s net income. If the Company is required to collect or remit Taxes on your behalf, such Taxes shall be invoiced to you and payable in accordance with the terms hereof.

6. Intellectual Property and Content Ownership

6.1 User Content

As between you and the Company, you shall retain all right, title, and interest in and to your User Content. By submitting User Content to the Service, you hereby grant to the Company a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, process, store, modify, and create derivative works of your User Content solely for the purposes of (a) providing, operating, and maintaining the Service; (b) improving and enhancing the Service; and (c) complying with applicable law. This license shall survive termination of your account solely to the extent necessary for the Company to fulfill its obligations hereunder.

6.2 Generated Content — Assignment of Rights

Subject to your compliance with these Terms and all applicable law, and contingent upon your account being in good standing, the Company hereby assigns to you all right, title, and interest that the Company may hold in and to the Generated Content created through your authorized use of the Service, to the maximum extent that such rights exist and are assignable under applicable law. You hereby acknowledge and agree that: (a) the legal status of copyright protection for AI-generated works varies by jurisdiction and remains unsettled in many jurisdictions; (b) the Company makes no representation or warranty that Generated Content is eligible for copyright protection, trademark registration, or any other form of intellectual property protection; (c) Generated Content may bear similarity to content generated for other users or to pre-existing works; and (d) you bear sole responsibility for conducting appropriate due diligence and clearance searches before publishing, distributing, or commercially exploiting any Generated Content.

6.3 Company Intellectual Property

The Platform IP is and shall remain the sole and exclusive property of the Company and its licensors. These Terms do not convey to you any ownership interest in or to the Platform IP, but only a limited, revocable, non-exclusive, non-transferable, non-sublicensable right of access and use, subject to the terms and conditions hereof. You shall not, and shall not permit any third party to: (a) copy, modify, adapt, or create derivative works of the Platform IP; (b) reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code, algorithms, or underlying models of the Service; (c) remove, obscure, or alter any proprietary notices or labels on the Platform IP; or (d) use the Company’s trademarks, trade names, logos, or branding in any manner without the prior written consent of the Company.

6.4 Feedback

To the extent that you provide the Company with any suggestions, enhancement requests, recommendations, feedback, or other input concerning the Service or the Platform IP (collectively, “Feedback”), you hereby assign to the Company all right, title, and interest in and to such Feedback, and you agree that the Company shall be free to use, disclose, reproduce, license, distribute, and otherwise commercialize the Feedback without restriction, attribution, or compensation to you.

7. Acceptable Use Policy

7.1 You shall use the Service solely for lawful purposes and in accordance with these Terms. Without limiting the generality of the foregoing, you shall not, and shall not attempt to, use the Service to:

7.2 The Company reserves the right, but shall have no obligation, to monitor, review, and moderate User Content and Generated Content for compliance with these Terms. The Company may, in its sole and absolute discretion, remove, disable, or restrict access to any content that it determines, in its sole judgment, violates these Terms or is otherwise objectionable, and may suspend or terminate the account of any User who engages in prohibited conduct, without prior notice and without liability.

8. Content Moderation and Safety

8.1 The Company employs automated and, where appropriate, manual content moderation systems designed to detect and prevent the generation of prohibited content as set forth in Section 7. Notwithstanding these measures, the Company does not and cannot guarantee that all Generated Content will be free from errors, inaccuracies, offensive material, or content that may violate applicable law or the rights of third parties.

8.2 You acknowledge and agree that you bear sole responsibility for reviewing, verifying, and editing all Generated Content prior to its publication, distribution, or any other use. The Company shall have no liability whatsoever for any claims arising from your use, publication, or distribution of Generated Content.

9. AI-Generated Content Disclaimers

9.1 You hereby acknowledge and agree that the Generated Content is produced by artificial intelligence systems and, as such, the Company makes no guarantee, representation, or warranty of any kind, whether express, implied, or statutory, regarding: (a) the originality, uniqueness, or novelty of Generated Content; (b) the accuracy, completeness, reliability, or fitness for a particular purpose of Generated Content; (c) whether Generated Content infringes or will infringe upon the Intellectual Property Rights or other rights of any third party; (d) the commercial viability or marketability of Generated Content; or (e) the eligibility of Generated Content for copyright registration or other forms of intellectual property protection in any jurisdiction.

9.2 You further acknowledge that AI-generated output is probabilistic in nature and that substantially similar or identical content may be generated for multiple users. The Company makes no representation that Generated Content is exclusive to you or that no other user has received or will receive similar output.

10. Third-Party Services and Integrations

10.1 The Service relies upon and integrates with certain third-party services, including without limitation AI model providers (OpenAI, Anthropic), audio generation services (ElevenLabs), payment processing (Stripe), content delivery and DNS services (Cloudflare), email delivery (SendGrid), and business email services (Zoho). The Company is not responsible for, and makes no representations or warranties regarding, the availability, reliability, accuracy, security, or practices of any third-party service.

10.2 Your use of third-party services accessed through or in connection with the Service may be subject to the separate terms of service, privacy policies, and other agreements of such third-party providers. It is your sole responsibility to review and comply with all applicable third-party terms.

11. DMCA and Copyright Infringement

11.1 Notification of Claimed Infringement

The Company respects the Intellectual Property Rights of others and complies with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe that any content available through the Service infringes your copyright, you may submit a written notification pursuant to 17 U.S.C. Section 512(c)(3) to the Company’s designated copyright agent at [email protected], which notification must include:

11.2 Counter-Notification

If you believe that material you posted on the Service was removed or access to it was disabled by mistake or misidentification, you may submit a counter-notification in accordance with 17 U.S.C. Section 512(g)(3) to the Company’s designated copyright agent. The counter-notification must comply with all statutory requirements set forth therein.

11.3 Repeat Infringers

The Company reserves the right, in its sole discretion, to terminate the accounts of Users who are determined to be repeat infringers of third-party copyrights in accordance with the DMCA.

12. DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, INCLUDING ALL CONTENT, FEATURES, FUNCTIONALITY, AND GENERATED CONTENT MADE AVAILABLE THROUGH THE SERVICE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: (A) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; (B) WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE; AND (C) WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICE OR ANY GENERATED CONTENT.

THE COMPANY DOES NOT WARRANT THAT: (I) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (II) THE RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE, RELIABLE, OR MEET YOUR REQUIREMENTS; (III) ANY DEFECTS IN THE SERVICE WILL BE CORRECTED; OR (IV) THE SERVICE OR THE SERVERS UPON WHICH IT OPERATES ARE FREE OF VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS.

THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE LEGAL PROTECTABILITY, ORIGINALITY, NON-INFRINGEMENT, OR COMMERCIAL VIABILITY OF ANY GENERATED CONTENT. YOU ASSUME ALL RISK AND LIABILITY ASSOCIATED WITH YOUR USE, PUBLICATION, DISTRIBUTION, OR COMMERCIAL EXPLOITATION OF GENERATED CONTENT, INCLUDING WITHOUT LIMITATION THE RISK THAT SUCH CONTENT MAY INADVERTENTLY RESEMBLE, INCORPORATE, OR INFRINGE UPON EXISTING COPYRIGHTED WORKS OR OTHER INTELLECTUAL PROPERTY OF THIRD PARTIES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE COMPANY’S WARRANTIES ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

13. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS OWNER, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, SUPPLIERS, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, THE “COMPANY PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, USE, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OR THROUGH THE SERVICE; (C) ANY GENERATED CONTENT OBTAINED FROM THE SERVICE; (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR USER CONTENT OR TRANSMISSIONS; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THE TOTAL AGGREGATE LIABILITY OF THE COMPANY PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF: (I) THE TOTAL AMOUNTS ACTUALLY PAID BY YOU TO THE COMPANY DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (II) ONE HUNDRED UNITED STATES DOLLARS (USD $100.00).

THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION, REGARDLESS OF WHETHER THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

14. Indemnification

14.1 You hereby agree to indemnify, defend, and hold harmless the Company Parties from and against any and all claims, demands, suits, actions, proceedings, losses, liabilities, damages, judgments, costs, and expenses (including without limitation reasonable attorneys’ fees, expert witness fees, and court costs) (collectively, “Losses”) arising out of or in connection with: (a) your access to or use of the Service; (b) your User Content or Generated Content, including without limitation any claim that your User Content or Generated Content infringes, misappropriates, or otherwise violates the Intellectual Property Rights, privacy rights, publicity rights, or other rights of any third party; (c) your breach or alleged breach of any representation, warranty, or obligation under these Terms; (d) your violation of any applicable law, rule, or regulation; or (e) any dispute between you and any third party relating to the Service.

14.2 The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate fully with the Company in asserting any available defenses. You shall not settle any claim that imposes any obligation, restriction, or liability on any Company Party without the Company’s prior written consent.

15. Dispute Resolution

15.1 Governing Law

These Terms and any dispute, controversy, or claim arising out of or relating to these Terms, the Service, or the relationship between you and the Company shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without giving effect to any choice or conflict of law provision or rule, whether of the State of Delaware or any other jurisdiction.

15.2 Mandatory Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or your use of the Service (collectively, “Disputes”), shall be determined by binding individual arbitration administered by the American Arbitration Association (“AAA”) in accordance with its then-current Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes, as applicable. The arbitration shall be conducted in the English language, and the seat of arbitration shall be Wilmington, Delaware. The arbitrator shall have exclusive authority to resolve all Disputes, including without limitation any claim that all or any part of these Terms is void or voidable. The arbitrator’s award shall be final, binding, and non-appealable, and judgment upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

15.3 CLASS ACTION WAIVER

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO PARTICIPATE AS A PLAINTIFF, CLASS MEMBER, OR OTHERWISE IN ANY CLASS ACTION, COLLECTIVE ACTION, MASS ACTION, OR REPRESENTATIVE PROCEEDING AGAINST THE COMPANY. UNLESS BOTH YOU AND THE COMPANY EXPRESSLY AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IF THIS CLASS ACTION WAIVER IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION SHALL BE NULL AND VOID.

15.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s Intellectual Property Rights or confidential information. Additionally, claims within the jurisdiction of a small claims court in Sussex County, Delaware may be brought in such court.

15.5 Statute of Limitations

You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose, or shall be forever barred.

16. Termination

16.1 The Company may, in its sole and absolute discretion, suspend, restrict, or terminate your access to and use of the Service, in whole or in part, at any time, with or without cause, and with or without prior notice, and without liability to you. Grounds for termination shall include, without limitation: (a) breach of these Terms; (b) fraudulent, abusive, or illegal activity; (c) nonpayment of fees; (d) extended periods of inactivity; or (e) requests by law enforcement or governmental agencies.

16.2 You may terminate your account at any time through your account settings or by contacting [email protected].

16.3 Upon termination, all rights and licenses granted to you hereunder shall immediately cease. You may request an export of your User Content within thirty (30) calendar days following termination by contacting [email protected]. The Company shall have no obligation to maintain or provide your User Content after the expiration of such thirty (30) day period.

16.4 The following sections shall survive termination or expiration of these Terms: Sections 1 (Definitions), 6 (Intellectual Property and Content Ownership), 9 (AI-Generated Content Disclaimers), 12 (Disclaimer of Warranties), 13 (Limitation of Liability), 14 (Indemnification), 15 (Dispute Resolution), 16.3 and 16.4 (Termination — Survival), and 17 (General Provisions).

17. General Provisions

17.1 Entire Agreement

These Terms, together with the Privacy Policy and any other agreements, policies, or supplemental terms expressly incorporated herein by reference, constitute the entire agreement between you and the Company with respect to the subject matter hereof and supersede all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written, between the parties with respect thereto.

17.2 Severability

If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, and the remaining provisions of these Terms shall continue in full force and effect. If such modification is not possible, the offending provision shall be severed, and the remainder of these Terms shall be enforceable to the fullest extent permitted by law.

17.3 Waiver

No failure or delay by the Company in exercising any right, power, or remedy hereunder shall operate as a waiver thereof. No single or partial exercise of any such right, power, or remedy shall preclude any other or further exercise thereof or the exercise of any other right, power, or remedy. A waiver of any provision of these Terms shall be effective only if made in writing and signed by an authorized representative of the Company.

17.4 Assignment

You may not assign, transfer, delegate, or sublicense any of your rights or obligations under these Terms without the prior written consent of the Company. Any attempted assignment in violation of this Section shall be null and void. The Company may freely assign, transfer, or delegate its rights and obligations under these Terms, in whole or in part, without your consent, including without limitation in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.

17.5 Force Majeure

The Company shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from any cause beyond the Company’s reasonable control, including without limitation acts of God, natural disasters, epidemics, pandemics, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, earthquakes, cyberattacks, power outages, telecommunications failures, Internet service provider failures, third-party service outages, or governmental actions or restrictions (each, a “Force Majeure Event”). In the event of a Force Majeure Event, the Company’s obligations hereunder shall be suspended for the duration of such event.

17.6 Notices

All notices required or permitted under these Terms shall be in writing and shall be deemed duly given when: (a) delivered by hand; (b) sent by email to the email address associated with your account (in the case of notices to you) or to [email protected] (in the case of notices to the Company); or (c) posted on the Platform. You are responsible for maintaining a current email address in your account settings.

17.7 Modifications to Terms

The Company reserves the right to modify, amend, or update these Terms at any time and in its sole discretion. Material modifications shall be communicated to you via email to the address associated with your account, or through a prominent notice posted on the Service, no fewer than thirty (30) days before the effective date of such modifications. Your continued access to or use of the Service following the effective date of any modification shall constitute your acceptance of and agreement to be bound by the modified Terms. If you do not agree to the modified Terms, you must discontinue your use of the Service prior to the effective date of the modifications.

17.8 Relationship of the Parties

Nothing in these Terms shall be construed to create a joint venture, partnership, employment, or agency relationship between you and the Company. Neither party shall have the authority to bind the other or to incur any obligation on behalf of the other.

17.9 Third-Party Beneficiaries

These Terms do not confer any rights or remedies upon any person or entity other than you and the Company, except as expressly provided herein.

17.10 Headings

The section headings contained in these Terms are for convenience of reference only and shall not affect the meaning or interpretation of these Terms.

17.11 Contact Information

For any questions, concerns, or notices regarding these Terms, please contact:

Artistik — d/b/a Digideal LLC
16192 Coastal Highway, Lewes, Delaware 19958-9776
Email: [email protected]
Website: artistik.ai