last Updated. January 9, 2023

Terms of use

Artoh, Inc. (“Artoh,” “we,” “us,” or “our”) provides ourservices (described below) and related materials to you through our website(s)located at https://www.artoh.co/ (the “Site”) and through our [mobileapplications and related technologies (“Mobile Apps”, and collectively, such MobileApps and] the Site, including any updated or new features, functionality and technology,the “Service”). All access and use of the Service is subject to the terms andconditions contained in these Terms of Service (as amended from time to time,these “Terms of Service”). By accessing, browsing, or otherwise using the Site,Mobile Apps, or any other aspect of the Service, you acknowledge that you haveread, understood, and agree to be bound by these Terms of Service. If you donot accept the terms and conditions of these Terms of Service, you will notaccess, browse, or otherwise use the Service.

In this Agreement, “you” and “your” will refer toyou. If you are registering for an Artoh account or using the Artoh Site onbehalf of an entity or other organization, you are agreeing to these Terms forthat entity or organization and representing to Artoh that you have the authorityto bind that entity or organization to these Terms (and, in which case, theterms “you” and “your” will refer to that entity or organization). Theexception to this is if that organization has a separate written contract with Artohcovering one or more accounts and use of Service, in which case that contractwill govern the Artoh Site with respect to those accounts only and thosecomponents of the Service covered by such contract. 

We reserve the right, at our sole discretion, tochange or modify portions of these Terms of Service at any time. If we do this, we will post the changes onthis page and will indicate at the top of this page the date these Terms ofService were last revised. You may read a current, effective copy of theseTerms of Service by visiting the “Terms of Service” link on the Site[ and under the “Legal — Terms ofService” section of our Mobile App].[1] We will also notify you of any material changes, eitherthrough the Service user interface, a pop-up notice, email, or through otherreasonable means.[2] Your continued use of the Service after thedate any such changes become effective constitutes your acceptance of the newTerms of Service. You should periodically visit this page to review the currentTerms of Service so you are aware of any revisions. If you do not agree to abideby these or any future Terms of Service, you will not access, browse, or use(or continue to access, browse, or use) the Service.

PLEASE READ THESE TERMSOF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHERIMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THEAGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMSYOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILLONLY BE PERMITTED TO PURSUE CLAIMS AGAINST ARTOH ON AN INDIVIDUAL BASIS, NOT ASA PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION ORPROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY,INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOTBE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURTOF LAW.Your Privacy: At Artoh, we respectthe privacy of our users. For more information please see our Privacy Policy,located at [http://www.artoh.co/privacy/][2] [and under the [Legal — Privacy Policy] section ofour Mobile App][3] (the “PrivacyPolicy”). By using the Service, you consent to our collection, use anddisclosure of personal data and other data as outlined therein.Additional Terms: In addition, whenusing certain features through the Service, you will be subject to anyadditional terms applicable to such features that may be posted on or within theService from time to time.[4] All such terms are hereby incorporatedby reference into these Terms of Service.

Accessand Use of the Service

Service Description: The Service is designed to help eCommerce brands centralizeaccount balances, sales, payouts, and expenses. The Service is also designed tolink your existing third-party financial tools and platforms to the Service; trackyour cash balance, profit, and loss over time; and alert you of any changes toyour financial situation. Further, Artoh may offer management of bank accounts andphysical or virtual payment cards issued by an issuing bank through your Artohaccount and the Service.

Eligibility[ 2]: This is a contract between you and Artoh. You mustread and agree to these terms before using the Services. If you do not agree,you may not use the Services. You may only apply for an Artoh account and usethe applicable services if you're a legal entity that's formed and registeredin the United States, and if you can form a binding contract with Artoh. Youmay only use the Services in compliancewith this Agreement and all applicable local, state, national, andinternational laws, rules, and regulations. Except with respect to access toour Site, any use of or access to the Services for consumer or non-commercialpurposes by any individual who is not your employee, contractor, agent, orother individual permitted to use your Account on your behalf("User") is strictly prohibited and in violation of this Agreement. YourRegistration Obligations: You may be required to registerwith Artoh or provide information about yourself (e.g.,name and email address) in order to access and use certain features of the Services. If you choose to register for the Service, you agree to provideand maintain true, accurate, current, and complete information about yourselfas prompted by the Service’s registration form. Registration data and certainother information about you are governed by our Privacy Policy. If you are under 18 years of age, you are notauthorized to use the Service, with or without registering.      

Member Account, Password andSecurity: As part of the registration process, you will identify anadministrative user name and password for your Artoh account. You areresponsible for maintaining the confidentiality of your password and accountdetails, if any, and are fully responsible for any and all activities thatoccur under your password or account. You agree to (a) immediately notify Artohof any unauthorized use of your password or account or any other breach ofsecurity, and (b) ensure that you exit from your account at the end of each sessionwhen accessing the Service. Artoh will not be liable for any loss or damagearising from your failure to comply with this paragraph.

 Modifications to Service: Artohreserves the right to modify or discontinue, temporarily or permanently, theService (or any part thereof) with or without notice. You agree that Artoh will not be liable to you or toany third party for any modification, suspension or discontinuance of theService.

 General PracticesRegarding Use and Storage: You acknowledge that Artoh may establish general practices and limits concerning use ofthe Service, including the maximum period of time that data or other materialswill be retained by the Service and the maximum storage space that will beallotted on Artoh’s or itsthird-party service providers’ servers on your behalf. You agree that Artoh has no responsibility orliability for the deletion or failure to store any data or other materialsmaintained or uploaded by the Service. You acknowledge that Artoh reserves the right to terminateaccounts that are inactive for an extended period of time. You further acknowledgethat Artoh reserves the right tochange these general practices and limits at any time, in its sole discretion,with or without notice.

Conditions of Access and Use

 

           User Conduct: You are solely responsible for all data, information,text, software, music, sound, video, images, photographs, graphics, messages, andother materials (“materials”) that you make available to Artoh or others, including by uploading,posting, transmitting, publishing, connecting to a third party platform, displaying,or otherwise providing (hereinafter, “upload(ing)”) via the Service (collectively,“Materials”). The following are examples of the kinds of materials and/or usesthat are illegal or prohibited by Artoh.Artoh reserves the right toinvestigate and take appropriate legal action against anyone who, in Artoh’ssole discretion, violates this provision, including removing the offending materialsfrom the Service, suspending or terminating the account of such violators, andreporting the violator to law enforcement authorities. You agree to not use theService to:

a) emailor otherwise upload any materials that (i) infringes any intellectual propertyor other proprietary rights of any party; (ii) you do not have a right toupload under any law or under contractual or fiduciary relationships; (iii)contains software viruses or any other computer code, files or programsdesigned to interrupt, destroy, or limit the functionality of any computersoftware or hardware or telecommunications equipment; (iv) poses or creates a privacyor security risk to any person; (v) constitutes unsolicited or unauthorizedadvertising, promotional materials, commercial activities and/or sales, “junkmail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,”or any other form of solicitation; (vi) is unlawful, harmful, threatening,abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene,pornographic, libelous, invasive of another’s privacy, hateful, discriminatory,or otherwise objectionable; or (vii) in the solejudgment of Artoh, is objectionable or which restricts or inhibits any otherperson from using or enjoying the Service, or which may expose Artoh or itsusers to any harm or liability of any type;

b) interferewith or disrupt the Service or servers or networks connected to the Service, ordisobey any requirements, procedures, policies, or regulations of networksconnected to the Service;

c) violateany applicable local, state, national, or international law, or any regulationshaving the force of law;

d) impersonateany person or entity, or falsely state or otherwise misrepresent youraffiliation with a person or entity;

e) solicitpersonal information from anyone under the age of 18;

f) harvest or collect emailaddresses or other contact information of other users from the Service byelectronic or other means for the purposes of sending unsolicited emails orother unsolicited communications;

g) advertiseor offer to sell or buy any goods or services for any business purpose that isnot specifically authorized;

h) furtheror promote any criminal activity or enterprise or provide instructionalinformation about illegal activities;

i) obtainor attempt to access or otherwise obtain any materials or information throughany means not intentionally made available or provided for through the Service;

j) circumvent,remove, alter, deactivate, degrade, or thwart any of the materials protectionsin or geographic restrictions on any materials (including Service Content (asdefined below)) available on or through the Service, including through the useof virtual private networks;

k) engage in or use any datamining, robots, scraping, or similar data gathering or extraction methods. Ifyou are blocked by Artoh from accessing the Service (including by blocking your IP address), youagree not to implement any measures to circumvent such blocking (e.g., bymasking your IP address or using a proxy IP address or virtual private network);

l) fulfillor further any personal, family, or household use;

m) fulfillor further any purpose not related to your business;

n) provideto, or use for any transaction involving, an individual, organization, country,or jurisdiction that is blocked or sanctioned by the United States, includingthose identified on any lists maintained by the U.S. Treasury Department’s Officeof Foreign Assets Control (OFAC) or the U.S. Department of State; or

o) allowthird parties who are not your employees, contractors, or agents or who areotherwise unaffiliated with you to use the Service.

Competitors: No employee, independent contractor,agent, or affiliate of any company that offers any products or servicescompetitive to the Service is permitted to view, access, or use any portion of theService without express written permission from Artoh. By viewing, using, oraccessing the Service, you represent and warrant that you are not a competitorof Artoh or any of its affiliates, or acting on behalf of a competitor of Artohin using or accessing the Service. Fees:To the extent the Serviceor any portion thereof is made available for any fee, you may be required toselect a paymentplan and provide informationregarding your credit card or other payment instrument. You represent andwarrant to Artoh that such information is true and that you are authorized touse the payment instrument. You will promptly update your account informationwith Artoh or the Payment Processor (as defined below), as applicable, of anychanges (for example, a change in your billing address or credit cardexpiration date) that may occur. You agree to pay Artoh the amount that is specifiedin the payment plan in accordance with the terms of such plan and these Terms of Service.  If you dispute any charges youmust let Artoh know within sixty (60) days after the date that Artoh charges you. We reserve the right to change Artoh’s prices. If Artoh does change prices, Artohwill provide notice of the change through the Service user interface, a pop-upnotice, email, or through other reasonable means, at Artoh’s option, at least thirty (30) days before the change is to takeeffect. Your continued use of the Service after the price change becomes effectiveconstitutes your agreement to pay the changed amount. You will be responsiblefor all taxes associated with the Service, other than taxes based on Artoh’snet income. Wemay report your payment history and performance to one or more credit reportingagencies.

PaymentProcessing: Notwithstanding any amounts owed to Artohhereunder, ARTOH DOES NOT PROCESS PAYMENT FOR ANY SERVICES. To facilitatepayment for the Service via bank account, credit card, or debit card, we usethird-party payment processors (collectively, “Payment Processors”). Thesepayment processing services are provided by the Payment Processors and aresubject to the  applicable Payment Processor’s terms and conditions,privacy policy, and all other relevant agreements (collectively, the “PaymentProcessor Agreements”). By agreeing to these Terms of Service, users that usethe payment functions of the Service also agree to be bound by the applicablePayment Processor Agreement for the payment function the user is using, as thesame may be modified by the applicable Payment Processor from time to time. Youhereby authorize the applicable Payment Processor to store and continue billingyour specified payment method even after such payment method has expired, toavoid interruptions in payment for your use of the Service. Please contact theapplicable Payment Processor for more information. Artoh assumes no liabilityor responsibility for any payments you make through the Service.[3],

Authorization to Charge Payment Methods onFile: You authorize us to charge any payment method wehave on file for you in the amount of any Losses we may incur related to anytransaction you may enter into through, from or adjacent to the Service, tofund the Reserve, or any other amount you owe us.  To execute such charges, you expresslyauthorize us to (a) initiate individual or reoccurring debit entries to anybank account we have on file for you (e.g., ACH debits) and (b) charge anycredit or debit card account we have on file for you. If any debit entry orcharge is rejected, you agree to immediately pay the amount due directly to usand authorize us to initiate other debit entries and charges at any time andfrom time to time in any amount up to the amount due until the amount due ispaid in full. We are not responsible for any amount you may incur from ourcharges, including overdraft and overlimit fees. Payment methods we have onfile for you include payment methods you identify to us and payment methods weidentify on our own. For purposes of this and the next section, “Losses”include chargebacks, refunds, returns, shortfalls, adjustments, settlements,losses, liabilities, damages, fines, penalties, fees, costs and expenses.

Reserve: We may withhold funds from payments (includingpayment processor payouts) to you and/or designate an amount of funds that youmust maintain in a reserve account held by us (“Reserve”) to pay any actual orpotential Losses we believe we may incur related to your transactions, your useof the Services, your business, or to secure the performance of yourobligations under any agreement between you and us, including these Terms ofService. The Reserve will be in an amount determined by us in our sole discretionto cover actual or potential Losses we may incur and current, past and futureobligations you may owe us. The Reserve may be raised, reduced or removed atany time by us, in our sole discretion. If you do not have sufficient funds inyour Reserve, we may fund the Reserve from any payment method we have on filefor you. You grant us a security interest in and lien on any and all funds heldin the Reserve, and also authorize us to make any withdrawals or debits fromthe Reserve, and charge any payment method we have on file for you, to coverany Losses, obligations and amounts you owe us. You will execute any documentsrequired by us to perfect our security interest in any funds in the Reserve orrequested by us in connection with the Reserve.

         Cancellations:You may cancel your account online by emailing us at: [email address[ 1] ] using the form cancellation email available at [URL]

           Commercial Use: Your use of the Serviceis commercial in nature, and you acknowledge and understand that certain consumerprotection laws (including the Electronic Funds Transfer Act or Regulation E)and consumer-specific rules (including NACHA rules specific to consumers) donot apply to transactions you make through the Service or any other use of theService by you.            Notification of Corporate and Business Changes: To the extent you are an entity or other organization, you must be dulyorganized and remain in good standing under the laws of your jurisdiction oforganization at all times. You will promptly notify Artoh in writing if any ofthe following occur: 

  • The nature of your business changes     significantly;
  • There is a change of beneficial owners or control     persons;
  • There is a material change in the control or     ownership of your business (whether direct or indirect) or you transfer or     sell 25% or more of your total assets;
  • There is a planned or anticipated liquidation     or voluntary bankruptcy or insolvency proceeding;
  • You are party to a dispute or are involved in a     regulatory proceeding in which claims are asserted that would, if     sustained in a legal or regulatory proceeding or alternative dispute     resolution forum, result in a material impact to your financial condition;     or
  • You receive a judgment, writ or warrant of     attachment or execution, lien, or levy against 25% or more of your total     assets.

 

Mobile Services and Software

 

Mobile Services: TheService includes certain services that are available via a mobile device,including (i) the ability to upload materials to the Service via a mobiledevice, (ii) the ability to browse the Service and the Site from a mobiledevice, and (iii) the ability to access certain features and materials through MobileApps (collectively, the “Mobile Services”). To the extent you access the Service through amobile device, your wireless service carrier’s standard charges, datarates, and other fees may apply. In addition, downloading,installing, or using certain Mobile Services may be prohibited or restricted byyour carrier, and not all Mobile Services may work with all carriers ordevices. By using the Mobile Services, you agree that we may communicate withyou regarding Artoh and other entities by SMS, MMS, text message, or otherelectronic means to your mobile device and that certain information about yourusage of the Mobile Services may be communicated to us. In the event you changeor deactivate your mobile telephone number, you agree to promptly update your Artohaccount information to ensure that your messages are not sent to the personthat acquires your old number.

 

[Mobile App License: Subject to these Terms of Service, Artohhereby grants to you a limited, revocable, non-exclusive, non-transferable,non-sublicensable license to (a) install the Mobile App on one mobile deviceand (b) use the Mobile App for your own personal use solely to access and usethe Service. For clarity, the foregoing is not intended to prohibit you frominstalling the Mobile App on another device on which you also agreed to these Termsof Service. Each instance of these Terms of Service that you agree to in connectionwith downloading a Mobile App grants you the aforementioned rights inconnection with the installation and use of the Mobile App on one device.][1]

Ownership;Restrictions:The technology and software underlying the Service or distributed in connectiontherewith are the property of Artoh, its affiliates, and its licensors ([including the Mobile Apps,][2]the“Software”). You agree not to copy, modify, create a derivative work of,reverse engineer, reverse assemble, or otherwise attempt to discover any sourcecode, sell, assign, sublicense, or otherwise transfer any right in theSoftware. Any rights not expressly granted herein are reserved by Artoh. Special Notice for International Use; ExportControls: Artohis headquartered in the United States. If you access or use the Service fromoutside of the United States, you do so at your own risk. Whether inside oroutside of the United States, you are solely responsible for ensuringcompliance with the laws of your specific jurisdiction. Softwareavailable in connection with the Service and the transmission of applicabledata, if any, is subject to United States export controls. No Software may bedownloaded from the Service or otherwise exported or re-exported in violationof U.S. export laws. Downloading or using the Software is at your sole risk.

[Third-PartyDistribution Channels: Artoh offers Software that maybe made available through the Apple App Store, the Google Play Store, or otherdistribution channels (“Distribution Channels”). If you obtain such Software througha Distribution Channel, you may be subject to additional terms of theDistribution Channel. These Terms of Service are between you and us only, andnot with the Distribution Channel. To the extent that you utilize any other third-partyproducts and services in connection with your use of the Service, you agree tocomply with all applicable terms of any agreement for such third-party productsand services.

Apple-Enabled Software:With respect to Mobile Apps that are made available for your usein connection with an Apple-branded product (the, “Apple-Enabled Software”), inaddition to the other terms and conditions set forth in these Terms of Service,the following terms and conditions apply:

  • Artoh     and you acknowledge that these Terms of Service are concluded between Artoh     and you only, and not with Apple Inc. (“Apple”), and that as between Artoh     and Apple, Artoh, not Apple, is solely responsible for the Apple-Enabled     Software and the materials thereof.
  • You     may not use the Apple-Enabled Software in any manner that is in violation     of or inconsistent with the Usage Rules set forth for Apple-Enabled     Software in, or otherwise be in conflict with, the Apple Media Services     Terms and Conditions.
  • Your     license to use the Apple-Enabled Software is limited to a non-transferable     license to use the Apple-Enabled Software on an iOS product that you own     or control, as permitted by the “Usage Rules” set forth in the Apple Media     Services Terms and Conditions, except that such Apple-Enabled Software may     be accessed and used by other accounts associated with the purchaser via Apple’s     Family Sharing or volume purchasing programs.
  • Apple     has no obligation whatsoever to provide any maintenance or support     services with respect to the Apple-Enabled Software.
  • Apple     is not responsible for any product warranties, whether express or implied     by law. In the event of any failure of the Apple-Enabled Software to     conform to any applicable warranty, you may notify Apple, and Apple will     refund the purchase price for the Apple-Enabled Software, if any, to you;     and, to the maximum extent permitted by applicable law, Apple will have no     other warranty obligation whatsoever with respect to the Apple-Enabled Software,     or any other claims, losses, liabilities, damages, costs, or expenses attributable     to any failure to conform to any warranty, which will be Artoh’s sole     responsibility, to the extent it cannot be disclaimed under applicable     law.
  • Artoh     and you acknowledge that Artoh, not Apple, is responsible for addressing     any claims of you or any third party relating to the Apple-Enabled     Software or your possession and/or use of that Apple-Enabled Software,     including: (a) product liability claims; (b) any claim that the     Apple-Enabled Software fails to conform to any applicable legal or     regulatory requirement; and (c) claims arising under consumer protection,     privacy, or similar legislation.
  • In     the event of any third-party claim that the Apple-Enabled Software or your     possession and use of that Apple-Enabled Software infringes that third     party’s intellectual property rights, as between Artoh and Apple, Artoh,     not Apple, will be solely responsible for the investigation, defense,     settlement, and discharge of any such intellectual property infringement     claim.
  • You     represent and warrant that (a) 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 (b) you are not     listed on any U.S. Government list of prohibited or restricted parties.
  • If you     have any questions, complaints, or claims with respect to the     Apple-Enabled Software, they should be directed to Artoh as follows:

[email address]

[telephone number]

[mailing address].[ 1] 

  • You     must comply with applicable third-party terms of agreement when using the     Apple-Enabled Software, e.g., your wireless data service agreement.
  • Artoh     and you acknowledge and agree that Apple, and Apple’s subsidiaries, are     third-party beneficiaries of these Terms of Service with respect to the     Apple-Enabled Software, and that, upon your acceptance of the terms and     conditions of these Terms of Service, Apple will have the right (and will     be deemed to have accepted the right) to enforce these Terms of Service     against you with respect to the Apple-Enabled Software as a third-party     beneficiary thereof.

 Google-SourcedSoftware: The following applies to any Mobile App you download from the Google Play Store (“Google-SourcedSoftware”): (a) you acknowledge that these Terms of Service are between you and Artoh only, and not with Google, Inc. (“Google”); (b) your use of Google-Sourced Software must comply withGoogle’s then-current Google Play Terms of Service; (c) Google is only a provider of Google Play where you obtained the Google-Sourced Software; (d) Artoh, and not Google, is solely responsible for Artoh’s Google-Sourced Software; (e)Google has no obligation or liability to you with respect to Google-SourcedSoftware or these Terms of Service; and (f) you acknowledge and agree thatGoogle is a third-party beneficiary to these Terms of Service as it relates to Artoh’s Google-Sourced Software.

Open SourceSoftware: The Software may contain or be provided together with open sourcesoftware. Each item of open source software is subject to its own licenseterms, which can be found at:insert open source notice and attribution URL // in theSoftware documentation or the applicable settings, help, legal, notice, orabout menu or source files]. If required by any license for particularopen source software, Artoh makes such open source software, and Artoh’smodifications to that open source software (if any), available by writtenrequest to [insertemail address]. Copyrights to the open source software are heldby the respective copyright holders indicated therein.

Intellectual Property Rights

           Service Content: You acknowledge and agree that the Service maycontain materials or features (“Service Content”) that are protected bycopyright, patent, trademark, trade secret, or other proprietary rights andlaws. Except as expressly authorized by Artoh, you agree not to modify, copy,frame, scrape, rent, lease, loan, sell, distribute, or create derivative worksbased on the Service or the Service Content, in whole or in part, except thatthe foregoing does not apply to your own Materials (as defined below) that youupload to or make available through the Service in accordance with these Termsof Service. Any use of the Service or the Service Content other thanas specifically authorized herein is strictly prohibited.

Trademarks: The Artoh name and logos are trademarksand service marks of Artoh (collectively the “Artoh Trademarks”). Othercompany, product, and service names and logos used and displayed via theService may be trademarks or service marks of their respective owners who mayor may not endorse or be affiliated with or connected to Artoh. Nothing in theseTerms of Service or the Service should be construed as granting, byimplication, estoppel, or otherwise, any license or right to use any of ArtohTrademarks displayed on the Service, without our prior written permission ineach instance. All goodwill generated from the use of Artoh Trademarks willinure to our exclusive benefit.

Artoh may publiclyreference you as an Artoh customer on our website or in other communications.We will not express any false endorsement or partnerships. You grant Artoh alimited license to use your trademarks or service marks for this purpose.Please notify us if you prefer that Artoh not identify you as an Artohcustomer, and Artoh will remove references to you on our website or in othercommunications.

Third-Party Material: Under no circumstanceswill Artoh be liable in any way for any materials or materials of any thirdparties (including users), including for any errors or omissions in any materials,or for any loss or damage of any kind incurred as a result of the use of anysuch materials. You acknowledge that Artoh does not pre-screen materials, butthat Artoh and its designees will have the right (but not the obligation) intheir sole discretion to refuse or remove any materials that is available viathe Service. Without limiting the foregoing, Artoh and its designees will havethe right to remove any materials that violates these Terms of Service or isdeemed by Artoh, in its sole discretion, to be otherwise objectionable. Youagree that you must evaluate, and bear all risks associated with, the use ofany materials, including any reliance on the accuracy, completeness, orusefulness of such materials.

Materials: You represent and warrantthat you own all right, title and interest in and to such Materials, includingall copyrights and rights of publicity contained therein. You hereby grant Artohand its affiliated companies, successors, and assigns a non-exclusive,worldwide, royalty-free, fully paid-up, transferable, sublicensable (directlyand indirectly through multiple tiers), perpetual, and irrevocable license tocopy, display, upload, perform, distribute, store, modify, and otherwise useyour Materials in connection with the operation andimprovement of the Service. You assume all risk associated with your Materialsand the transmission of your Materials, and you have sole responsibility forthe accuracy, quality, legality and appropriateness of your Materials.

You hereby authorize Artohand its third-party service providers to derive statistical and usage datarelating to your use of the Service (“Usage Data”). We may use Usage Data forany purpose in accordance with applicable law and our Privacy Policy. 

Any questions, comments, suggestions, ideas, feedback, reviews, or otherinformation about the Service (“Submissions”), provided by you to Artoh arenon-confidential and Artoh will be entitled to the unrestricted use anddissemination of these Submissions for any purpose, commercial or otherwise,without acknowledgment, attribution, or compensation to you.

 You acknowledge andagree that Artoh may preserve Materials and may also disclose Materials ifrequired to do so by law or in the good faith belief that such preservation ordisclosure is reasonably necessary to: (a) comply with legal process,applicable laws, or government requests; (b) enforce these Terms of Service;(c) respond to claims that any materials violates the rights of third parties;or (d) protect the rights, property, or personal safety of Artoh, its users, orthe public. You understand that the technical processing and transmission ofthe Service, including your Materials, may involve (i) transmissions overvarious networks; and (ii) changes to conform and adapt to technicalrequirements of connecting networks or devices.

DMCA: TheDigital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse forcopyright owners who believe that material appearing on the Internet infringestheir rights under U.S. copyright law.  Artohwill promptly process and investigate notices of alleged infringement and willtake appropriate actions under the DMCA and other applicable intellectual propertylaws with respect to any alleged or actual infringement.  A notification of claimed copyrightinfringement should be emailed to Artoh’s Copyright Agent at ____________.com (subjectline:  “DMCA” Takedown Request”).  You may also contact us by mail or facsimileat:

 Attention:  Copyright Agent

Artoh, Inc.

[Address]

Facsimile: __________[ 2] 

 

Notice: To be effective, thenotification must be in writing and contain the following information:

·      an electronic or physical signature of the person authorized toact on behalf of the owner of the copyright or other intellectual propertyinterest;

·       a description of thecopyrighted work or other intellectual property that you claim has beeninfringed;

·      a description of where the material that you claim is infringing islocated on the Site, with enough detail that we may find it on the Site;

·       your address, telephonenumber, and email address;

·      a statement by you that you have a good faith belief that thedisputed use is not authorized by the copyright or intellectual property owner,its agent, or the law;

·      a statement by you, made under penalty of perjury, that the aboveinformation in your Notice is accurate and that you are the copyright orintellectual property owner or authorized to act on the copyright orintellectual property owner‘s behalf.

 

Counter-Notice: If youbelieve that the relevant materials that was removed (or to which access wasdisabled) is not infringing, or that you have the authorization from thecopyright owner, the copyright owner’s agent, or pursuant to the law, to postand use such materials, you may send a written counter-notice containing thefollowing information to the Copyright Agent:

·      your physical or electronic signature;

identification of the materials that has beenremoved or to which access has been disabled and the location at which the materials appeared before it was removedor disabled;

·      a statement that you have a good faith belief that the materialswas removed or disabled as a result of mistake or a misidentification of the materials;and

·      your name, address, telephone number, and e-mail address, astatement that you consent to the jurisdiction of the federal court locatedwithin the NorthernDistrict of California [ 1] and astatement that you will accept service of process from the person who providednotification of the alleged infringement.

If acounter-notice is received by the Copyright Agent, Artoh will send a copy of the counter-notice to the original complainingparty informing that person that it may replace the removed materials or ceasedisabling it in 10 business days. Unless the copyright owner files an actionseeking a court order against the materials provider, member or user, theremoved materials may be replaced, or access to it restored, in 10 to 14business days or more after receipt of the counter-notice, at Artoh’s sole discretion.

 

Repeat Infringer Policy:  In accordance with the DMCA and otherapplicable law, Artoh has adopteda policy of terminating, in appropriate circumstances and at Artoh's sole discretion, members who are deemed to be repeatinfringers.  Artoh may also at its sole discretion limit access to the Site and/orterminate the memberships of any users who infringe any intellectual propertyrights of others, whether or not there is any repeat infringement.

 

Third-Party Servicesand Websites

 

The Service may providelinks or other access to services, sites, technology, and resources that areprovided or otherwise made available by third parties (the “Third-PartyServices”). Additionally, you may enable or log in to the Service via variousonline Third-Party Services, such as social media and social networkingservices like Meta, Google or TikTok. Your access and use of the Third-PartyServices may also be subject to additional terms and conditions, privacy policies,or other agreements with such third party, and you may be required to authenticateto or create separate accounts to use Third-Party Services on the websites orvia the technology platforms of their respective providers. Some Third-PartyServices will provide us with access to certain information that you haveprovided to third parties, including through such Third-Party Services, and wewill use, store and disclose such information in accordance with our PrivacyPolicy. For more information about the implications of activating Third-PartyServices and our use, storage and disclosure of information related to you andyour use of such Third-Party Services within the Service, please see ourPrivacy Policy. Artoh has no control over and is not responsible for such Third-PartyServices, including for the accuracy, availability, reliability, orcompleteness of information shared by or available through Third-PartyServices, or on the privacy practices of Third-Party Services. We encourage youto review the privacy policies of the third parties providing Third-PartyServices prior to using such services. You, and not Artoh, will be responsiblefor any and all costs and charges associated with your use of any Third-Party Services.Artoh enables these Third-Party Services merely as a convenience and theintegration or inclusion of such Third-Party Services does not imply anendorsement or recommendation. Any dealings you have with third parties whileusing the Service are between you and the third party. Artoh will not beresponsible or liable, directly or indirectly, for any damage or loss caused oralleged to be caused by or in connection with use of or reliance on any Third-PartyServices.

 

Plaid: Artoh offers accountlinking and aggregation services through Plaid, Inc. (“Plaid”). By utilizingthese services, you acknowledge and agree that the terms of Plaid’s PrivacyPolicy (which can be accessed at Plaid Privacy Policy (the “PPP”)) will governPlaid’s use of such information, and you expressly agree to the terms andconditions of the PPP. Further, you expressly grant Plaid the right, power, andauthority to access and transmit your information as reasonably necessary forPlaid to provide the Services to you.

 

Integrations: You may use the Serviceto interact with Third-Party Services with which you have an account. If youchoose to integrate the Service with those Third-Party Services, you willensure that the integration does not conflict with the Third-Party Service’s termsand conditions. Further, some Third-Party Services may require you or Artoh toprovide certain Materials that we are processing on your behalf back to the Third-PartyService. In these cases, we consider your request to integrate with the Third-PartyService as instruction to provide this Materials to the Third-Party Service accordingto the Third-Party Service’s terms and conditions. If you do not want this Materialsto be provided to the Third-Party Service, please immediately send to us a requestto suspend the integration with the respective Third-Party Service for your Artohaccount.

 

Indemnification

 

To the extent permittedunder applicable law, you agree to defend, indemnify, and hold harmless Artoh,its affiliates, and its and their respective officers, employees, directors,service providers, licensors, and agents (collectively, the “Artoh Parties”)from any and all losses, damages, expenses, including reasonable attorneys’fees, rights, claims, actions of any kind, and injury (including death) arisingout of or relating to your use of the Service, any Materials, your connectionto the Service, your violation of these Terms of Service, or your violation ofany rights of another. Artoh will provide notice to you of any such claim,suit, or proceeding. Artoh reserves the right to assume the exclusive defenseand control of any matter which is subject to indemnification under thissection, and you agree to cooperate with any reasonable requests assisting Artoh’sdefense of such matter. You may not settle or compromise any claim against the ArtohParties without Artoh’s written consent.

 

Disclaimer of Warranties

 

YOUR USE OF THE SERVICEIS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE”BASIS. THE ARTOH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHEREXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

 

THE ARTOH PARTIES MAKENO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICEWILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAYBE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (D) THEQUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OROBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; (E) THERELIABILITY OF ANY FINANCIAL INFORMATION BASED ON INFORMATION SUBMITTED OR MADEAVAILABLE BY YOU; OR (F) SPECIFIC MERCHANTS WILL PERMIT PURCHASES USING CARDSISSUED BY AN ISSUER.

 

Limitation of Liability

 

YOU EXPRESSLYUNDERSTAND AND AGREE THAT THE ARTOH PARTIES WILL NOT BE LIABLE FOR ANYINDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FORLOSS OF PROFITS INCLUDING DAMAGES FOR LOSS OF GOODWILL, USE, OR DATA OR OTHERINTANGIBLE LOSSES (EVEN IF THE ARTOH PARTIES HAVE BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TOUSE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICESRESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINEDOR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;(C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D)STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (E) ANY OTHERMATTER RELATING TO THE SERVICE. IN NO EVENT WILL THE ARTOH PARTIES’ TOTALLIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNTYOU HAVE PAID ARTOH IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDREDDOLLARS ($100).

 

SOME JURISDICTIONS DONOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATIONOR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BEENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OFTHE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY ISTO DISCONTINUE USE OF THE SERVICE.

 

IF YOU ARE A USER FROMNEW JERSEY, THE FOREGOING SECTIONS TITLED “INDEMNIFICATION”, “DISCLAIMER OFWARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD ASIS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESESECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THEINVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAININGPORTIONS OF THE APPLICABLE SECTIONS.

 

Dispute Resolution ByBinding Arbitration

 

PLEASE READ THISSECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

 

a.    Agreement to Arbitrate

 

This Dispute Resolutionby Binding Arbitration section is referred to in these Terms of Service as the“Arbitration Agreement.” You agree that any and all disputes or claims that havearisen or may arise between you and Artoh, whether arising out of or relatingto these Terms of Service (including any alleged breach thereof), the Service,any advertising, or any aspect of the relationship or transactions between us, willbe resolved exclusively through final and binding arbitration, rather than acourt, in accordance with the terms of this Arbitration Agreement, except thatyou may assert individual claims in small claims court, if your claims qualify.Further, this Arbitration Agreementdoes not preclude you from bringing issues to the attention of federal, state, orlocal agencies, and such agencies can, if the law allows, seek relief againstus on your behalf. You agree that, by entering into these Terms of Service, youand Artoh are each waiving the right to a trial by jury or to participate in aclass action. Your rights will be determined by a neutral arbitrator,not a judge or jury. The Federal Arbitration Act governs the interpretation andenforcement of this Arbitration Agreement.

 

b.    Prohibition of Class and Representative Actions andNon-Individualized Relief

 

YOU AND ARTOH AGREETHAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASISAND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVEACTION OR PROCEEDING. UNLESS BOTH YOU AND ARTOH AGREE OTHERWISE, THE ARBITRATORMAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAYNOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASSPROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY,INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTYSEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATEDBY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR ANDTHE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THEEXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

 

c.    Pre-Arbitration Dispute Resolution

 

Artoh is alwaysinterested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quicklyand to the customer’s satisfaction by emailing customer support at support@artoh.com. If such efforts prove unsuccessful, a partywho intends to seek arbitration must first send to the other, by certifiedmail, a written Notice of Dispute (“Notice”). The Notice to Artoh should besent to [__________________] [ 2] (“Notice Address”). The Notice must (i) describe the nature and basis ofthe claim or dispute and (ii) set forth the specific relief sought. If Artohand you do not resolve the claim within sixty (60) calendar days after theNotice is received, you or Artoh may commence an arbitration proceeding. Duringthe arbitration, the amount of any settlement offer made by Artoh or you willnot be disclosed to the arbitrator until after the arbitrator determines the amount,if any, to which you or Artoh is entitled.

 

d.    Arbitration Procedures

 

Arbitration will beconducted by a neutral arbitrator in accordance with the American Arbitration Association’s(“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules(collectively, the “AAA Rules”), as modified by this Arbitration Agreement. Forinformation on the AAA, please visit its website, http://www.adr.org. Informationabout the AAA Rules and fees for consumer disputes can be found at the AAA’sconsumer arbitration page, https://www.adr.org/consumer. If there is anyinconsistency between any term of the AAA Rules and any term of thisArbitration Agreement, the applicable terms of this Arbitration Agreement willcontrol unless the arbitrator determines that the application of theinconsistent Arbitration Agreement terms would not result in a fundamentallyfair arbitration. The arbitrator must also follow the provisions of these Termsof Service as a court would. All issuesare for the arbitrator to decide, including issues relating to the scope,enforceability, and arbitrability of this Arbitration Agreement. Althougharbitration proceedings are usually simpler and more streamlined than trialsand other judicial proceedings, the arbitrator can award the same damages andrelief on an individual basis that a court can award to an individual under theseTerms of Service and applicable law. Decisions by the arbitrator are enforceablein court and may be overturned by a court only for very limited reasons.

 

Unless Artoh and you agree otherwise, any arbitration hearings will takeplace in a reasonably convenient location for both parties with dueconsideration of their ability to travel and other pertinent circumstances. Ifthe parties are unable to agree on a location, the determination will be madeby AAA. If your claim is for $10,000 or less, Artoh agrees that you may choosewhether the arbitration will be conducted solely on the basis of documentssubmitted to the arbitrator, through a telephonic hearing, or by an in-personhearing as established by the AAA Rules. If your claim exceeds $10,000, theright to a hearing will be determined by the AAA Rules. Regardless of themanner in which the arbitration is conducted, the arbitrator will issue areasoned written decision sufficient to explain the essential findings andconclusions on which the award is based.

 

e.    Costs of Arbitration

 

Payment of all filing,administration, and arbitrator fees (collectively, the “Arbitration Fees”) willbe governed by the AAA Rules, unless otherwise provided in this ArbitrationAgreement.  To the extent any ArbitrationFees are not specifically allocated to either Artoh or you under the AAA Rules,Artoh and you shall split them equally; provided that if you are able todemonstrate to the arbitrator that you are economically unable to pay yourportion of such Arbitration Fees or if the arbitrator otherwise determines forany reason that you should not be required to pay your portion of anyArbitration Fees, Artoh will pay your portion of such fees. In addition, if youdemonstrate to the arbitrator that the costs of arbitration will be prohibitiveas compared to the costs of litigation, Artoh will pay as much of theArbitration Fees as the arbitrator deems necessary to prevent the arbitrationfrom being cost-prohibitive. Anypayment of attorneys’ fees will be governed by the AAA Rules.

 

f.     Confidentiality

 

All aspects of thearbitration proceeding, and any ruling, decision, or award by the arbitrator,will be strictly confidential for the benefit of all parties.

 

g.    Severability

 

If a court or thearbitrator decides that any term or provision of this Arbitration Agreement (otherthan the subsection (b) above titled “Prohibition of Class and RepresentativeActions and Non-Individualized Relief” above) is invalid or unenforceable, theparties agree to replace such term or provision with a term or provision thatis valid and enforceable and that comes closest to expressing the intention ofthe invalid or unenforceable term or provision, and this Arbitration Agreement willbe enforceable as so modified. If a court or the arbitrator decides that any ofthe provisions of subsection (b) above titled “Prohibition of Class and RepresentativeActions and Non-Individualized Relief” are invalid or unenforceable, then theentirety of this Arbitration Agreement will be null and void, unless suchprovisions are deemed to be invalid or unenforceable solely with respect toclaims for public injunctive relief. The remainder of these Terms of Servicewill continue to apply.

 

h.    Future Changes toArbitration Agreement

 

Notwithstanding any provision in these Terms of Service to the contrary, Artohagrees that if it makes any future change to this Arbitration Agreement (otherthan a change to the Notice Address) while you are a user of the Service, youmay reject any such change by sending Artoh written notice within thirty (30)calendar days of the change to the Notice Address provided above. By rejectingany future change, you are agreeing that you will arbitrate any dispute betweenus in accordance with the language of this Arbitration Agreement as of the date youfirst accepted these Terms of Service (or accepted any subsequent changes tothese Terms of Service).

 

Termination

 

You agree that Artoh,in its sole discretion, may suspend or terminate your account (or any partthereof) or use of the Service and remove and discard any materials within theService, for any reason, including for lack of use or if Artoh believes thatyou have violated or acted inconsistently with the letter or spirit of theseTerms of Service. Any suspected fraudulent, abusive, or illegal activity thatmay be grounds for termination of your use of the Service, may be referred toappropriate law enforcement authorities. Artoh may also in its sole discretionand at any time discontinue providing the Service, or any part thereof, with orwithout notice. You agree that any termination of your access to the Serviceunder any provision of these Terms of Service may be effected without priornotice, and acknowledge and agree that Artoh may immediately deactivate ordelete your account and all related information and files in your accountand/or bar any further access to such files or the Service. Further, you agreethat Artoh will not be liable to you or any third party for any termination ofyour access to the Service.

 

Other Actions Artoh MayTake

 

If Artoh believes thatyou have violated or acted inconsistently with the letter or spirit of theseTerms of Service, Artoh may, in addition to or instead of terminating youraccount, with or without notice:

 

  • refuse     to provide the Service to you, any of your administrators or users, or any     other individual in the future;
  • limit     your, any of your administrator’s or user’s, or any other individual’s     access to our websites, software, systems (including any networks and     servers used to provide any part of the Service) operated by us or on our     behalf, your Artoh account or any of the Service, including limiting your     ability to pay or send money or make withdrawals;
  • hold     or otherwise restrict the balance in your Artoh account or hold payments     to/from your Artoh account, for a period of time or indefinitely, if     reasonably needed to protect against the risk of liability or loss or if     you have engaged in any prohibited user conduct set forth herein, to be     determined in our sole discretion;
  • debit     your Artoh account or any linked account for any amounts owed, even if     payment is not yet due for such amounts;
  • return     or reverse transactions associated with your Artoh account or otherwise     remit funds in accordance with applicable rules governing payments (e.g.     NACHA rules) and/or in an effort to remediate fraudulent or criminal     conduct, as determined in our sole discretion;
  • contact     others who have transacted with you, other financial institutions, other     impacted third parties, or law enforcement or other regulators about your     actions and/or Artoh account;
  • update     inaccurate information you, any of your administrators or users, or any     other individual acting under or associated with your Artoh account     provided us; or
  • take     legal action against you, any of your administrators or users, or any     other individual acting under or associated with your Artoh account.

 

User Disputes

 

You agree that you are solely responsible for your interactions with anyother user in connection with the Service, and Artoh will have no liability orresponsibility with respect thereto. Artoh reserves the right, but has noobligation, to become involved in any way with disputes between you and anyother user of the Service.

 

General

 

These Terms of Service (togetherwith the terms incorporated by reference herein) constitute the entireagreement between you and Artoh governing your access and use of the Service, andsupersede any prior agreements between you and Artoh with respect to theService. You also may be subject to additional terms and conditions that mayapply when you use Third-Party Services, third-party materials or third-party software.These Terms of Service will be governed by the laws of the State of New York[1] withoutregard to its conflict of law provisions. With respect to any disputes orclaims not subject to arbitration, as set forth above, you and Artoh submit tothe personal and exclusive jurisdiction of the state and federal courts locatedwithin New York.[2] Thefailure of Artoh to exercise or enforce any right or provision of these Termsof Service will not constitute a waiver of such right or provision. If anyprovision of these Terms of Service is found by a court of competentjurisdiction to be invalid, the parties nevertheless agree that the courtshould endeavor to give effect to the parties’ intentions as reflected in theprovision, and the other provisions of these Terms of Service remain in fullforce and effect. You agree that regardless of any statute or law to thecontrary, any claim or cause of action arising out of or related to use of theService or these Terms of Service must be filed within one (1) year after suchclaim or cause of action arose or be forever barred. A printed version of theseTerms of Service and of any notice given in electronic form will be admissiblein judicial or administrative proceedings based upon or relating to these Termsof Service to the same extent and subject to the same conditions as otherbusiness documents and records originally generated and maintained in printedform. You may not assign these Terms ofService without the prior written consent of Artoh, but Artoh may assign ortransfer these Terms of Service, in whole or in part, without restriction. The section titles inthese Terms of Service are for convenience only and have no legal orcontractual effect. As used in these Terms of Service, the words “include” and“including,” and variations thereof, will not be deemed to be terms oflimitation, but rather will be deemed to be followed by the words “withoutlimitation.” Notices to you may be made via either email or regular mail. TheService may also provide notices to you of changes to these Terms of Service orother matters by displaying notices or links to notices generally on theService. Artoh will not be in default hereunder by reason of any failure ordelay in the performance of its obligations where such failure or delay is dueto civil disturbances, riot, epidemic, hostilities, war, terrorist attack,embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations orunavailability of electrical power, network access or equipment, or any othercircumstances or causes beyond Artoh’s reasonable control.

 

U.S. Government Restricted Rights

 

The Service is made available to the U.S. governmentwith “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. governmentis subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR252.227-7013 et seq. or its successor. Access or use of the Service (includingthe Software) by the U.S. government constitutes acknowledgement of ourproprietary rights in the Service (including the Software).

Questions? Concerns? Suggestions?
Please contact us at support@artoh.com toreport any violations of these Terms of Service or to pose any questionsregarding these Terms of Service or the Service.