Terms of Use and End User License Agreement

I. INTRODUCTION

These Terms of Use and End User License Agreement (collectively, the “Agreement”) together with all the documents referred to in it constitute a legally binding agreement made between you as a natural person (“you”, “your” or “user”) and AIBY Inc. (“we,” “us” or “our”) concerning your access to and use of the website, available at https://ai-arta.com (the “Website”).

All the documents that relate to the Website are hereby expressly incorporated herein by reference. Please read this Agreement carefully before you start using the Website.

It is important that you read and understand this Agreement. By using the Website you indicate that you have read, understood, agreed and accepted the Agreement which takes effect on the date you start using the Website.

If you do not accept this Agreement, or if you do not agree with at least one of its provisions, you may not access or use the Website.

Please note that the present Agreement governs the use of the Website only and does not regulate the use of the AI ARTA mobile app, including both its iOS and Android versions, that may be introduced on the Website (the “AI ARTA App”). Therefore, if you wish to learn about the rules and regulations applicable to the AI ARTA App, please visit the corresponding AI ARTA App’s Terms of Use and End User License Agreement.

II. CHANGES TO THIS AGREEMENT

We reserve the right, at our sole discretion, to make changes or modifications to this Agreement at any time and for any reason. We will keep you informed about any changes by updating this Agreement. It is your responsibility to periodically review this Agreement to stay informed of updates. You will be deemed to have accepted the changes in any revised Agreement by your continued use of the Website after the date such revised Agreement is posted.

III. RESTRICTIONS ON WHO CAN USE THE WEBSITE

In order to access and/or use the Website, you must reach the age of majority or legal age in your applicable jurisdiction (i. e. in most jurisdictions you must be at least eighteen (18) years of age or older.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by their parent or guardian in order for them to use the Website. Therefore, if you are between the ages of thirteen (13) and seventeen (17) and you wish to access and/or use the Website, before doing anything of the above you must: (a) ensure that your parent or guardian have read and agree (get your parent or guardian’s consent) to this Agreement prior to you using the Website; (b) have the power to enter into a binding agreement with us under the applicable law.

Parents and guardians must directly supervise any use of the Website by minors. It is the sole responsibility of parents and guardians to prevent any unauthorized, irrelevant, indecent and/or immoral use of the Website by their minors who have not reached the age of majority or legal age in the applicable jurisdiction.

Any person under the age of thirteen (13) is not permitted to access and/or use the Website.

You confirm that you have either reached the age of majority or legal age in the applicable jurisdiction (at least you are older than eighteen (18) years of age), or that you are an emancipated minor, or you possess legal parental or guardian consent and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement.

IV. GENERAL TERMS

The Website is developed for entertainment purposes. The Website provides general information about the AI ARTA App (description of its functionalities, subscription plans, etc.) and allows the user to purchase a subscription.

The Website is intended only for your personal non-commercial use. You shall use the Website only for the purposes mentioned above. You agree not to use the Website for any illegal, inappropriate or unauthorized purpose or activity.

V. PRIVACY POLICY

Your privacy is very important to us. Accordingly, we have developed the Privacy Policy in order for you to understand how we process, use and store information including personal data. Access to and use of the Website are subject to the Privacy Policy. By accessing and/or using the Website, you are deemed to have accepted the Privacy Policy, and in particular, you are deemed to have acknowledged the ways we process your information as well as appropriate legal grounds for processing described in the Privacy Policy. We reserve the right to amend the Privacy Policy from time to time. If you disagree with any part of the Privacy Policy, you must immediately stop using the Website. Please read our Privacy Policy carefully.

VI. END USER LICENSE AGREEMENT

VII. PROHIBITED BEHAVIOR

You agree not to use the Website in any way that:

• - is unlawful, illegal or unauthorized;
• - is defamatory of any other person;
• - is obscene or offensive;
• - infringes any copyright, database right or trademark of any other person;
• - advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse.

VIII. AVAILABILITY OF THE WEBSITE, SECURITY AND ACCURACY

In order to use the Website, you are required to have a compatible electronic device (computer, mobile phone or tablet) and Internet access.

We do not warrant that the Website will be compatible with all hardware and software which you may use.

We make no warranty that your access to the Website will be uninterrupted, timely or error-free.

You acknowledge that the Website is provided via the Internet, therefore the quality and availability of the Website may be affected by factors beyond our reasonable control.

Please note that we may add new features to the Website, change, update, upgrade, modify it or anything described on it without notifying you. We may suspend your access to the Website, or close it indefinitely in case we have a valid reason for that.

You also warrant that any information that you submit to us is true, accurate and complete, and you agree to keep it up-to-date at all times.

In case you decide to stop using the Website, you should stop accessing it.

IX. CHARGES

The full list of Premium options and pricing is provided on the corresponding AI ARTA App’s page on the App Store or Google Play. You may have an opportunity to try Premium options during the free trial period as provided on the signup screen. After the free trial period expires an auto-renewing subscription period will start on a regular basis. Please mind that you will be charged automatically unless you cancel your subscription at least 24 hours before the end of the free trial period. When you cancel your subscription you will still have access to basic functions of the AI ARTA App. Premium options are available during the whole free trial period.

Subscription with a free trial period will automatically renew to a paid subscription. Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription, where applicable. We reserve the right to modify, terminate or otherwise amend our offered subscription plans at any time.

Your subscription will be automatically renewed within 24 hours before the current subscription ends. Auto-renew option can be turned off in your Apple ID account settings / Google Play account settings at least 24 hours before the end of the current period. Payment will be charged to your Apple ID / Google Play Account at confirmation of purchase. No cancellation of the current subscription is allowed during the active subscription period. Subscriptions are managed by you. Learn more about managing subscriptions (and how to cancel them) on Apple support page / Google’s support page. Please note that removing the AI ARTA App from your device does not deactivate your subscription.

To learn the rules and regulations (including those regarding possible charges) applicable to the specific AI ARTA App introduced on the Website, please visit the corresponding AI ARTA App Terms of Use and End User License Agreement.

X. THIRD PARTY WEBSITES AND RESOURCES

The Website may link you to other sites on the Internet and contracted third parties to provide you certain services. We have no control over and accept no responsibility for the content of any website or mobile application to which a link from the Website exists (unless we are the provider of those linked websites or mobile applications). Such linked third party websites and mobile applications are provided “as is” for your convenience only with no warranty, express or implied, for the information provided within them.

You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.

If you have any queries, concerns or complaints about such third party websites or mobile applications (including, but not limited to, queries, concerns or complaints relating to products, orders for products, faulty products and refunds) you must direct them to the operator of that third party website or mobile application.

XI. DISCLAIMER OF WARRANTIES

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. THE SERVICES AND ALL THE MATERIALS, INFORMATION, SOFTWARE, CONTENT INTEGRATED IN THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY SERVICE, PRODUCTS OR MATERIAL PROVIDED PURSUANT TO THIS AGREEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON OR THROUGH THE WEBSITE OR ITS SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

XII. LIMITATION OF LIABILITY

IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN ANY WAY RELATED TO THE WEBSITE AND SERVICES PROVIDED BY THE WEBSITE. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF WE HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES AND/OR INFORMATION OFFERED OR PROVIDED BY ANY THIRD PARTIES AND ACCESSED THROUGH THE WEBSITE OR BY ANY OTHER MEANS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR COSTS OR DAMAGES ARISING OUT OF PRIVATE OR GOVERNMENTAL LEGAL ACTIONS RELATED TO YOUR USE OF THE WEBSITE AND ITS SERVICES IN ANY COUNTRY.

XIII. LEGAL COMPLIANCE

You must represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

XIV. GOVERNING LAW AND CLAIMS

Choice of law and choice of forum clauses. The present Agreement shall be governed by and interpreted, construed in accordance with the laws of the state of Florida, USA.

All disputes and claims, suits, causes of action or proceedings between the parties to this Agreement, whether sounding in contract, tort, equity, law, or otherwise, including those arising out of or related to this Agreement, inter alia, pertinent to its performance, alleged breach shall be (i) governed by, construed in accordance with substantive and procedural laws of the state of Florida, USA, excluding and without giving effect to its choice of law provisions; and (ii) shall be exclusively decided by the courts of competent jurisdiction of the state of Florida, USA, to the exclusion of other courts and fora.

We make no representations that the Website is appropriate or available for use outside of the USA. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

If you choose to access or use the Website from or in locations outside of the United States, you are responsible for:

a) ensuring that what you are doing in that country is legal; and

b) the consequences and compliance by you with all applicable laws, regulations, bylaws, codes of practice, licenses, registrations, permits and authorizations.

Class Action Waiver. WHILE RESOLVING ANY DISPUTE WITH US AND/OR SEEKING ANY RELIEF FROM US YOU EXPRESSLY AGREE TO WAIVE THE RIGHT TO PURSUE AND/OR PARTICIPATE IN ANY TYPE OF CLASS ACTION LAWSUITS AND/OR PROCEEDINGS.

If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the Website and the services provided by the Website or this Agreement, then you and we agree to send a written notice to each other providing a reasonable description of the dispute, along with a proposed resolution of it. The notice shall be sent based on the most recent contact information. For a period of sixty (60) days from the date of receipt of notice from the other party, you and us will engage in a dialogue in order to attempt to resolve the dispute, though nothing will require either you or us to resolve the dispute on terms which either you or us, in each of our sole discretion, are uncomfortable with.

XV. TERMINATION

We reserve the right to terminate this Agreement at any time at our sole discretion for any reason. Upon any termination, (a) the rights and licenses granted to you herein shall terminate; (b) you must cease all use of the Website.

XVI. SEVERABILITY

If at any time any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect, that provision shall be more narrowly construed so that it becomes legal, valid and enforceable or, if this is not possible, deleted. The other terms of this Agreement shall continue to apply with full force and effect. You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.

XVII. CONTACT INFORMATION

We reserve the right to respond to user support requests. If you want to submit a support request or have any questions about this Agreement or the Website, please contact us via our “Contact Us” form available on the Website.