Business Terms of Use

2. Sanctioned Countries.

1. Artlist is committed to complying with the applicable sanction laws and regulations of the United States, the EU, and Israel. Accordingly, we will not trade with or provide any services to sanctioned countries or individuals/ entities named on a sanctions list.
2. You represent and confirm that you, your affiliates, and your respective directors, officers, employees, and agents: (i) comply, and will continue to comply, with all applicable sanctions, export control, and anti-boycott laws and regulations of the United States (including OFAC and BIS), the European Union, the United Kingdom, and any other relevant jurisdiction while performing under this Agreement; (ii) are not, and are not owned or controlled (directly or indirectly, 50% or more) by, any individual or entity listed on sanctions-related lists maintained by those authorities; and (iii) are not located in, incorporated in, or ordinarily resident in any jurisdiction subject to comprehensive sanctions, including Cuba, Iran, North Korea, Syria, Lebanon, or the Crimea, Donetsk, or Luhansk regions of Ukraine, or any other jurisdiction that becomes sanctioned under applicable sanctions laws after the effective date of this Agreement.

3. Privacy.

1. Independent Controller. Each party acts as an independent Data Controller (As defined in the GDPR and other applicable privacy laws) for the Personal Data it Processes and shall comply with the applicable privacy laws in respect of such Processing.
2. Data protection obligations. Each party (as a recipient) shall comply with applicable privacy laws and will (i) process Personal Data only as described in the terms; (ii) maintain appropriate technical and organisational measures to protect Personal Data against unauthorized or unlawful processing or accidental loss or damage; (iii) limit access to authorised personnel subject to confidentiality obligations; and (iv) provide reasonable cooperation to the other side as required by applicable privacy laws.
3. Privacy Policy. We really care about your privacy, and we make our best efforts to be fully transparent about our use of your information. Please review our Privacy Policy to learn how we collect and use your personal information and cookies.

4. Term, Renewal & Termination.

1. These Terms and the Privacy Policy will apply to you as long as you access the Site. The License will remain in effect for an indefinite term, and you will be charged at the start of each billing cycle, according to your subscription terms. You will be automatically charged for additional similar periods, unless you notify us of your intention not to continue within 14 calendar days before the beginning of the next billing cycle. Upon the beginning of the new billing cycle, the payment method you provided us will be automatically charged for the applicable period fees.
2. Upon termination of the Agreement for any cause whatsoever, the rights granted to you under these Terms or the License will automatically expire, and you hereby undertake to immediately cease accessing, downloading, and using any Assets, except as allowed under the License.
3. You can terminate your subscription at any time by contacting our Customer Support/using the cancellation feature in your account. If you do so, your subscription will be terminated at the end of your current billing period, and you will not be charged thereafter. Until then, you will continue to have access to Artlist services under this Agreement.

5. Term, Renewal & Termination.

1. Payment methods and processing. Payments may be processed through third-party payment methods, which Artlist makes available. You must provide accurate billing information and promptly update any changes to it (such as card numbers and address). If you are paying via credit or debit card, based on the billing address provided by you, payments shall be processed by the relevant Artlist entity, as detailed below, and applicable law shall apply to such processing.
2. Subscription fees are charged in advance on a recurring basis for each billing period. All payments are final and non-refundable, including where the Services are unused or partially used, and no prorated refunds or credits will be provided for any unused subscription time, except as required by applicable law or expressly stated otherwise by Artlist in writing.
3. You agree not to initiate a chargeback or payment dispute for any valid charges; unauthorized or unjustified chargebacks may result in suspension or termination of your access.
4. The tax treatment of each transaction will be determined by the laws and regulations applicable to that transaction.

6. Intellectual property rights.

1. All the information, the Assets, the Tools, the AI Services and contents made available through the Site and the services offered by the Company, including without limitation of any text, illustrations, graphics, sound, sound recording, musical works, clips, graphic segments, software applications, graphs, photos, video templates, Company’s name, trademarks and logos, including without limitation those used in the Site, are protected by copyrights and intellectual property rights of the Company or of its artists (“Proprietary Content”).
2. You are forbidden from using the Company’s name, trademarks, and logos, including, without limitation, those used in the Site. Moreover, as further specified in the License, you are forbidden from using the original Assets names and/or the artists’ names or artistic names.
3. You consent to Artlist’s use of your name and logo in written and oral presentations, advertising, marketing and PR materials, professional lists, and websites for Artlist’s promotional and marketing purposes. You may, at any time, contact Artlist’s customer support to request the cessation of such use, and Artlist shall remove your name and logo within a reasonable timeframe.
4. You are forbidden from accessing the Site or any Proprietary Content using any automated means or technology, such as robots, botnets, spiders, crawlers, or scrapers, to extract, monitor, copy, or collect information or data.
5. You are forbidden from using any Proprietary Content and/or data and/or information and/or the Site for purposes of machine learning and/or artificial intelligence (“AI”) training. This includes using voices provided through the Voice Over tool to create, train, or generate voice models or voice clones, whether on the Artlist platform or on any other platform.  
6. You hereby acknowledge and confirm that you do not and will not have any ownership and/or intellectual property rights in the Proprietary Content, and that your right is restricted to the limited rights granted to you in these Terms and in the License.
7. The Agreement grants you an authorization to use the Site and the Assets strictly in accordance with the provisions of the Agreement and is conditioned by your undertaking not to violate or be involved in any activities that violate any terms of the Agreement, and specifically in activities that cause the violation of intellectual property rights and/or deviation from the provisions of the License.
8. You may not create derivative works, reverse engineer, decompile, or disassemble any part of any source code contained within the Site, the Tools, or any of the Proprietary Content, including the video template, or avoid, bypass, remove, or impair any technological measure that limits access to them. You cannot attempt to discover the source code of the Tools.
9. You can’t make the Tools available to others in whole or in part in any form or medium, directly and/or indirectly, including on cloud services and/or servers and/or any other similar services. That also means you can’t allow others to use the Tools using your account information.
10. You shall not engage in any activity that could disrupt, disable, burden, or impair the proper functioning, performance, availability, or security of the Site and/or the Tools or any of their systems or infrastructure. Any attempt to disable or impair or destroy the Site and/or Tools, or upload or store any component that contains viruses, malware, or that might damage or limit the functionality of the Site and/or the Tools, is strictly prohibited.
11. You can’t use the Site and/or the Tools in any manner that is illegal, contrary to court orders/or which was forbidden by the provisions of any law. Also, you can’t use the Site and/or the Tools in any manner that may damage us, our partners, any third parties, or their rights or reputation. You also may not use the AI Services to generate Outputs for inclusion in stock media and/or content libraries or for any platforms, services, or businesses that primarily offer stock or pre-licensed creative content in competition with Artlist.
12. In the event you provide us with suggestions, comments, and/or any other form of feedback regarding the Company’s Site and services (“Feedback”), you acknowledge that any such Feedback shall be treated as non-confidential and shall be exclusively owned by Artlist. You irrevocably assign all right, title, and interest you may have in the Feedback, and waive any moral rights to Artlist, which will be free to use the Feedback without giving you any attribution and/or compensation. Artlist is under no obligation to use any Feedback received from you.

7. AI Services.

1. Artlist may provide certain artificial intelligence tools, features and functionalities that enable you to generate content through AI models made available via the Site (including Models provided by Artlist and/or third parties). The AI Services include Artlist’s integrations, infrastructure, and user interface/experience (UX) used to operate, maintain, and improve these features. Artlist may suspend, terminate, discontinue, modify, remove, or add services (or any features within them) at any time, in its sole discretion, with or without notice.
2. AI Services shall mean the suite of digital tools and functionalities provided by Artlist that utilize its and third-party AI technologies (“Model” and/or “Models”). For the avoidance of doubt, these AI Services do not include the Models themselves, nor do they grant Artlist any control over the Inputs or Outputs generated by such Models (“AI Services”).
3. The AI Services may make available one or more Models or services, whether provided by Artlist or by third parties. Artlist may add, remove, replace, or change Models from time to time.
4. Some AI Services allow you to submit or upload content, such as text, images, videos, audio, voices, prompts, or other material (“Input”), and receive AI-generated results based on that Input (“Output”) through the Models made available via the AI Services.
5. You represent and warrant that you have obtained all rights, authorizations permissions, licenses, and consents necessary for you to provide Input, Voice Samples ; as well as for Artlist and its service providers to process such Input to provide the AI Services and the Output, including any consents required under applicable privacy and data protection laws.
6. You are solely responsible for your Input and your use of any Output, including any project, work product, or content created using Output and the AI Services, and you must ensure that your Input and use of Output comply with: (i) these Terms, (ii) any applicable license terms governing your use of Artlist content (if any), (iii) all applicable laws and regulations, and (iv) any applicable third-party terms and policies.
7. Any enhancement or suggestion for your Inputs offered by Artlist’s AI Services is based solely on your original Input and is intended to assist in improving results. However, the responsibility for reviewing, validating, and approving the enhanced Input before generating any Output remains solely yours.
8. As part of the AI Services, Artlist may make available certain AI-generated content created by or on behalf of Artlist (including via the AI Services) for your reference and for you to use, download, re-edit, or incorporate into your projects. Such AI-Generated content constitutes an “Asset” (as defined above) and your use of any such AI-Generated content is subject to, and governed by, the applicable License terms, including any limitations, permitted uses, restrictions, and other requirements set forth therein.
9. Ownership; Assignment of Output:
   1. Inputs: As between you and Artlist, you retain all right, title and interest in and to your Input.
   2. Outputs: As between you and Artlist, Artlist does not claim ownership of Output. Subject to your compliance with these Terms (and any applicable license terms governing your use of Artlist content (if any)), Artlist hereby assigns to you all of Artlist’s right, title and interest, if any, in and to Output, and Artlist does not restrict your commercial use of such Output.
10. You acknowledge that Output may not be protectable under intellectual property laws in all jurisdictions or in all circumstances, and Artlist does not guarantee that Output is original, non-infringing, or suitable for any particular purpose.
11. By providing Input and using the AI Services, you grant Artlist a limited, worldwide, irrevocable, non-exclusive, royalty-free license to use, host, reproduce, transmit, modify, and otherwise process Input and Output solely as necessary to: (i) operate and provide the AI Services and the Site to you, (ii) generate, deliver and improve Output and AI features for you, (iii) maintain the security, integrity, and performance of the Services, and (iv) comply with legal obligations and enforce these Terms.
12. Artlist may use third-party Model providers to generate Output (including for the Voice Cloning Feature (defined below)) and may share Input, Output, and usage data with such providers solely for the purposes described above. For clarity, Artlist’s third-party Model providers are contractually restricted from using Inputs received from Artlist or Outputs generated therefrom to train or develop their AI models or services.
13. Except with respect to the Voice Cloning Feature as described below, it is hereby clarified that the AI Services do not require you to provide personal data, and are not designed to be used for the purpose of processing biometric, medical, or other sensitive data. You are responsible for any personal data you provide, while interacting with the AI Services, which will be handled as detailed in the Privacy Policy. You hereby represent and warrant that you have received all required consents from third-parties and hold the legal rights for Company to process any Personal Data included as Input. If you choose to include sensitive or special category (as defined under GDPR) personal data in your Input (such as data related to your health, your sexual orientation, racial or ethnic origin, etc.) you do so at your own risk and you are solely responsible to ensure compliance with applicable privacy and data protection laws. Company shall have no liability in relation to any sensitive or special category (as defined under GDPR) personal data provided by you to the AI Services or its processing.
14. Voice Cloning Feature. 
    1. If your subscription plan includes access to Artlist’s voice cloning feature (the “Voice Cloning Feature”), you may upload audio recordings of voices that you are lawfully authorized to use and share (“Voice Samples”) to create a unique synthetic voice model for you (the “Voice Clone”). Artlist will use Voice Samples solely to create and provide the Voice Clone for your use within the AI Services and you may generate AI-based voiceover Output derived from that Voice Clone, in accordance with these Terms.
    2. You do not own the Voice Clone itself or any underlying voice cloning technology. Instead, you receive a limited, non-transferable, revocable license to use the Voice Clone as part of the Site during an active subscription and only in accordance with these Terms. For clarity, Output generated using the Voice Clone is treated as Output under these Terms.
    3. You represent and warrant that you have obtained all necessary rights, licenses, and consents to provide any Voice Samples in connection with the Voice Cloning Feature, including, where applicable, any consents required under data protection or privacy laws for the processing of personal or biometric data. You further represent and warrant that your provision and use of Voice Samples and/or the Voice Clone will not infringe, misappropriate, or violate the rights (including privacy or data protection rights) of any third party, and you agree to indemnify, defend, and hold harmless Artlist from any claims, damages, or losses arising from a breach of this Section.
    4. For the avoidance of doubt, Artlist does not determine or represent whether any Voice Samples or Voice Clones constitute biometric data under applicable law and makes no warranties in that regard. The classification of such data may vary depending on your jurisdiction and use of the Voice Cloning Feature. You represent and warrant that you will not use, or permit anyone else to use, the Voice Cloning Feature for the purpose of biometric identification or for any activity intended to identify individuals based on unique biological, physiological, or behavioral characteristics.
    5. The Voice Cloning Feature is not to be used in jurisdictions where its use is deemed to be the use of biometric data, is restricted, or is prohibited by law, such as the State of Illinois in the United States. Artlist reserves the right to suspend or disable your access to the Voice Cloning Feature if it becomes aware of any use in violation of this restriction.
    6. You may delete the Voice Clones generated by you, including the associated Voice Samples, at any time through your account. Once deleted, these materials will be permanently removed from our systems, subject to any limited retention required by applicable law (e.g., for legal, regulatory, or security purposes). For more information about how we collect, use, share, retain, and delete Voice Samples and Voice Clones, please review our Privacy Policy.
15. Given the nature of AI, Artlist does not guarantee that Output, Voice Clones, or results will be accurate, reliable, complete, current, or error-free. Output may not be unique, and similar or identical Output may be generated for other users. AI Services may generate offensive, inaccurate, partial, or otherwise objectionable content; such Output does not reflect Artlist’s views. You must review and evaluate Output before using or relying on it
16. Certain AI Services may be subject to quotas, credits, points, or character limits determined by your subscription plan (“Credits”). Credits are deducted at the time of generation, even if you do not download or use the Output. Credits are non-transferable, non-refundable, have no monetary value, and may not be sold, gifted, transferred or exchanged. Artlist may modify how Credits are calculated, allocated, or deducted (including due to efficiency optimizations or service changes), provided that changes will not reduce the overall scope of AI Services you are entitled to under your subscription, and Artlist will maintain equivalent access to the AI Services.
17. Artlist’s API client uses Open AI API Services. If you are using our Artboard feature or the AI Assistant extension tool you hereby certify that you have read and agree to Open AI Terms of Use and Privacy Policy.

8. Forbidden Uses.

1. It is forbidden to use the Assets, Project(s) incorporating the Asset(s), Inputs or the Outputs and the AI Services in any manner which (i) is illegal, contrary to court orders, and/or contrary to the terms and conditions of this Agreement; (ii) damages Artlist or its reputation; (iii) violates the rights of third parties, including but not limited to intellectual property rights, copyrights, trademarks, trade secrets and confidential information, privacy rights, publicity rights, or any other right; (iv) violence (including but not limited to sexual violence or non-consensual intimate content); Child Sexual Abuse Material (CSAM), including any content that depicts, represents, describes, promotes, or facilitates the sexual abuse, sexual exploitation, or sexualization of a minor, including but not limited to sexually explicit conduct involving a minor, whether real, fictional, simulated, altered, or AI-generated; weapons (including development, procurement, or use); pornography; real money gambling (solely with respect to OpenAI’s “Sora” and “GPT”); illicit activities, goods, or services; racism, hate and discrimination against any person or group based on race, religion, sex, sexual orientation, community or nationality; threats, intimidation, harassment, or defamation; hurting the helpless; suicide, self-harm, or disordered eating promotion or facilitation; provision of tailored advice that requires a license without appropriate involvement by a licensed professional; violating privacy; slander; and any other offensive or insulting contents.; (v) is intended to spread election misinformation such as disinformation campaigns or candidate misrepresentation, etc.; (vi) uses an AI-generated Asset or Output in any manner that misleads others to think that it was created by a human. (vii) inserts Inputs or generate Outputs with the purpose of misleading, misinforming, or misrepresenting; (viii) constitutes generation of deep fakes (e.g., production of Outputs or Projects intended to falsely appear as authentic, or to resemble or impersonate the identity or likeness of another person (living or dead), entity, object, event, or place, including deceptive or misleading voice clones); (ix) constitutes usage or generation of any Outputs relating to any person or entity that might legally or materially be impacted by it; (x)  misleads or misrepresents, by generating Outputs which facilitate or perform automated decisions in domains that affect an individual’s rights, safety, or well-being (such as finance, legal, healthcare, insurance, migration, credit, employment, social welfare, and housing); (xi) presents Outputs untruthfully; or (xii) uses Outputs in a manner that creates or is reasonably likely to create liability for Artlist, including by publishing Outputs without appropriate review, clearance, or compliance with applicable law. (xiii) uses the faces or voices of individuals appearing in the Assets to create replicas, look-alike avatars, or similar representations of such individuals.  
2. Without derogating from the above, Artlist will be entitled, at its reasonable discretion, to temporarily or permanently block the Customer’s access to the Site in the event that the Customer or any of the Customer Users violates applicable law or any material terms of this Agreement, and the Customer will have no claim or demand regarding losses resulting from such loss of access to the Assets or the AI Services.

9. AI Service Level Availability.

1. Artlist will use commercially reasonable efforts to make the AI Services available and functional at least 99.5% of the time in a calendar month, except for Downtime (the “Uptime”), as provided under this Agreement. During Uptime, the AI Services will be available and functional and you and your users are able to access and use any of the Tools, features and functionalities of such AI Services without repeated generation failures, systemic errors, or Tool-related failures that prevent you from successfully generating Outputs, provided the AI Services are used in accordance with the Agreement and the applicable Tool functionalities (the “AI Services Availability”). You acknowledge and agree that the AI Services Availability is based on the aggregate functionality and performance of multiple Tools incorporated into the AI Services, and not on any individual Tool in particular. The AI Service Availability will be calculated on a calendar-month basis by taking the total number of minutes in the calendar month minus the Downtime, divided by the total number of minutes in the calendar month, and multiplied by 100, expressed as a percentage.
2. For the purpose of this calculation, “Downtime” shall mean the number of minutes during which the AI Services are not materially accessible or functional, excluding unavailability due to: (i) downtime for any scheduled maintenance, updates, or enhancements made by Artlist to the AI Services with prior notice to you; (ii) Artlist’s permitted suspension of the AI Services under this Agreement; (iii) interruptions caused by the negligence, error, omissions or attempts to generate Outputs not in accordance with the terms set forth under this Agreement, by you or your users and (iv) any global, regional, or industry-wide outage, malfunction, or degradation affecting internet infrastructure, cloud hosting platforms, content delivery networks (CDNs), or domain name system (DNS) services. Downtime will only include periods of continuous unavailability that exceed 0.005% of the total monthly minutes. Isolated or non-continuous disruptions below this threshold will not be aggregated or considered in calculating Downtime.
3. Remedies. If the AI Services Availability falls below the Uptime specified in Section ‎9.2 for any calendar month, you will be entitled to receive Credits calculated on a pro-rated basis, corresponding to the duration of the Downtime. The number of Credits shall be determined as follows: Your monthly Credit amount  divided by the total number of minutes in the applicable calendar month, multiplied by the number of Downtime minutes. The resulting Credit amount will be applied to your account for future use. Nothing in this Section will be construed to limit or waive your rights under applicable law to seek other remedies for direct monetary losses arising solely from such Downtime.

10. Artlist Academy.

1. Artlist Academy is an online learning service available for streaming provided by Artlist to the Site’s users, including courses and informative tutorials on subjects related to creativity and video creation (“Learning Materials”).
2. Artlist grants you a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use and access the Learning Materials.
3. Without derogating from Artlist’s rights in its Proprietary Content as stated above, you may use the Learning Materials provided to you on Artlist Academy only for your own personal, non-commercial use. Any other use or reproduction of the Learning Material or content provided by us on the Site, including but not limited to download, copy, modify, assign, sell, publish, broadcast, transmit, or otherwise make available by any other means, is strictly prohibited.
4. Artlist reserves the right to suspend and/or terminate the Artlist Academy service and/or remove and/or add new Learning Materials, at any time without notice, at its sole discretion. Artlist may revoke your license and access to the Artlist Academy services and/or Learning Materials immediately, in the event you have breached this Agreement, and/or if it is required to do so for legal reasons.  
5. THIRD-PARTY WEBSITES: THE SITE AND LEARNING MATERIALS MAY INCLUDE LINKS TO THIRD-PARTY WEBSITES WHICH ARE NOT OWNED OR CONTROLLED BY ARTLIST. IF YOU USE THESE LINKS, YOU WILL LEAVE ARTLIST’S SITE AND WILL NO LONGER BE GOVERNED BY OUR AGREEMENT. THE LINKS DO NOT INDICATE THAT ARTLIST ENDORSES THOSE WEBSITES. IF YOU CHOOSE TO ACCESS AND/OR USE AND/OR MAKE USE OF THE INFORMATION AND SERVICES PROVIDED ON THIRD PARTIES’ WEBSITES, YOU DO SO AT YOUR OWN RISK. ARTLIST IS NOT RESPONSIBLE FOR AND HAS NO CONTROL OVER THE CONTENT OF THIRD PARTIES’ WEBSITES OR THE PROTECTION AND PRIVACY OF ANY INFORMATION YOU PROVIDE WHILE VISITING SUCH SITES, AND WILL NOT BE HELD LIABLE FOR ANY DAMAGE OR LOSS RESULTING FROM YOUR ACCESS AND USE OF THOSE SITES. WE RECOMMEND YOU EXERCISE CAUTION AND REVIEW THE TERMS OF USE AND THE PRIVACY STATEMENT APPLICABLE TO THE WEBSITE IN QUESTION.

11. Copyright Infringement Notification Policy.

1. We take copyright protection very seriously. If you believe that any Assets, Voice Clones, or Outputs infringe your intellectual property or other rights, please see our Copyright Infringement Notification Policy.
2. If we are notified that any Assets, Voice Clones, or Outputs infringe third-party copyright or other rights, we may, in our sole discretion, remove such Assets, Voice Clones, or Outputs from the Site or take other steps that we deem necessary, without any prior notification.

12. Copyright Infringement Notification Policy.

1. You hereby acknowledge that any unauthorized use by you and/or by anyone on your behalf of any of the Assets, the AI Services or the Site or in a manner deviating from the conditions of the Agreement, constitute a breach of the Agreement as well as a potential violation of copyright and privacy laws and regulations, and the Company and anyone on its behalf have the full right to exercise all rights and remedies available to it by law in such case. To the extent the violation is done by a third-party using Assets and/or Outputs that were downloaded by you or using your subscription (for example, your employees, contractors, clients), then you are responsible for such a violation, and you are required to take all possible actions to immediately cease the violation.
2. The Company may, without prior notice, use a combination of automated systems, user reports, and human review to investigate and assess material and usage that may violate this Agreement. The Company may also require you to provide proof of your right to use any Input submitted to the AI Services, including but not limited to Voice Samples for Voice Clones. The Company will be entitled, among other remedies, at its exclusive discretion and without any prior notice, to block your access to the Site and/or its services, temporarily or permanently, in case you violate any applicable law and/or any terms of the Agreement, or in case of an interruption of the Company’s or its Site’s regular activity, and you will have no claim or demand in this regard. If you believe your account has been incorrectly banned, or your Voice Clone or Output was incorrectly removed, you can let us know by contacting us here.

13. Exemption from liability.

1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (I) THE SITE, AI SERVICES, AI OUTPUTS, ASSETS AND SERVICES PROVIDED BY THE COMPANY ARE PROVIDED ‘AS-IS’ AND ‘AS AVAILABLE ’WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, TO THE WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COURSE OF DEALING OR TRADE USAGE, AND ANY OTHER WARRANTY THAT MIGHT ARISE UNDER ANY LAW; (II) COMPANY WILL BEAR NO LIABILITY IN ANY MANNER FOR THE USE OF ANY OTHER ADDITIONAL CONTENTS WHICH YOU MAY INTEGRATE IN THE PROJECTS AND YOU WILL SOLELY BEAR FULL AND EXCLUSIVE LIABILITY FOR USING THEM; AND (III) COMPANY RESERVES THE RIGHT TO REMOVE AND/OR ADD ASSETS OR AI TOOLS TO THE SITE AT ANY TIME AT ITS SOLE EXCLUSIVE DISCRETION AND YOU SHALL HAVE NO CLAIMS IN THIS REGARD.
2. To the maximum extent permitted by applicable law, each Party’s total aggregate liability for all damages of any kind arising out of or in connection with this Agreement shall not exceed the total amount of the Fees paid by you to Artlist under this Agreement in the twelve (12) months preceding the event giving rise to the claim.
3. To the extent permitted by applicable law, Section ‎‎13.2 will not apply to (i) a Party’s fraud, willful misconduct, or gross negligence, or (ii) violation of the Parties’ obligations under Sections 2 (Sanctions) and Section 8 (Forbidden Uses).
4. Neither Party shall be liable for any indirect, incidental, punitive, special, or consequential damages, or for any loss of data or loss of profits, even if such damages or losses could have been foreseen or prevented.

14. Indemnification.

1. Artlist will protect you if a third party claims that your permitted use of Artlist’s Assets or AI Services infringes their intellectual property rights. This means Artlist will handle the defense against such claims and cover amounts you are required to pay under a final court judgment or an agreed settlement, subject to the liability limits set out in Section ‎13 above (Exemption from liability).
2. Artlist’s protection applies only when you use the Assets and AI Services as provided by Artlist and in accordance with this Agreement. It does not apply if: (i) you modify the Assets, combine them with non-Artlist content or tools, or otherwise change them; (ii) you use the Assets or AI Services in violation of this Agreement; or (iii) the claim is based on a non-Artlist content provided and added by you to your Project.
3. You agree to protect and indemnify Artlist and its affiliates (including their employees, officers, and contractors) from any claims, losses, damages, or expenses (including reasonable legal fees), and be responsible for any amounts Artlist is required to pay as a result of claims that arise from: (i) your breach of this Agreement; or (ii) violating any law or the rights of a third party.
4. Indemnification under this section applies only if: (i) the party seeking protection promptly notifies the other party in writing about the claim (within 10 days of becoming aware of it), unless a delay causes material harm; (ii) the protected party reasonably cooperates with the defense, at the other party’s expense; and (iii) the party providing indemnification controls the defense and settlement of the claim, provided that no settlement may be made without the other party’s written consent, which will not be unreasonably withheld.

15. Third-Party Services.

WHEN SUBSCRIBING OR USING THE COMPANY’S SERVICES, YOU MAY ALSO BE USING THE SERVICES OF ONE OR MORE THIRD PARTIES, SUCH AS INTERNET OR PAYMENT SERVICES PROVIDERS OR PLATFORMS IN WHICH YOU UPLOAD YOUR PROJECTS (EX, YOUTUBE, FACEBOOK, ETC.). SUCH THIRD PARTIES MIGHT HAVE THEIR OWN TERMS OF USE, AGREEMENTS, AND POLICIES WHICH MAY APPLY TO YOU. YOU ACKNOWLEDGE AND AGREE THAT COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY SUCH THIRD-PARTY SERVICES AND TERMS, NOR FOR THE COMPLIANCE WITH THEM. WE STRONGLY ENCOURAGE YOU TO CAREFULLY READ ANY SUCH THIRD-PARTY TERMS OF USE AND POLICIES AND MAKE SURE YOU COMPLY WITH THEM.

Artlist’s API client uses YouTube API Services. If you are using our service on YouTube, you hereby certify that you have read and agree to YouTube’s General Terms of Service and Google’s Privacy Policy.

16. Amendments to these Terms & Fees.

1. The Company has the right to change the conditions of these Terms, the License, and the Privacy Policy from time to time at its exclusive discretion. Upon making the changes, the new version of the Terms, License, or Privacy Policy will be posted on the Site. You are advised to check for updates regularly. In the event of material changes, we might provide you with a notice. If you do not agree to the changes in any such terms, you must cease accessing and using the Site and the Company’s services and cease downloading Assets. By continuing to access or use the Site, the services, and the Assets, you agree to be bound by the updated version of the Agreement, which will apply to you in its entirety.
2. The Company has the right to change, modify, cancel, or discontinue any service, tool, benefit, feature, and/or functionality offered on the Site at its sole discretion. In the event of material changes, we may provide you with a notice.
3. We may change our subscription plans and their prices from time to time (including due to applicable tax changes). In such cases, we will notify you in advance, and such a change will only apply to your next billing cycle.

17. Assignment.

The Company is entitled to assign and/or transfer and/or deliver its rights and/or its undertakings according to the Agreement, in whole or in part, to third parties as it may see fit and at its exclusive discretion. Any such Company’s transferee will, in turn, be entitled to transfer any such rights/undertakings to other parties as it may see fit without having to obtain your consent.

18. Notices.

1. You hereby agree that we will be able to send you email messages referring to the Company’s services and other various subjects, including with regard to benefits granted to the Company’s subscribers. If you do not want to receive our promotional or marketing emails, you can withdraw your consent at any time by following the instructions in our Privacy Policy.
2. Notices according to the Agreement will be given in writing and be sent by email according to the email address you specified in the registration form. Any delivery of a notice by email, as stated above, will be considered a lawful delivery.

19. Artlist Entity.

The Artlist entity with which you are contracting under this Agreement depends on where you are domiciled. Unless otherwise indicated: (i) if you are domiciled in the United Kingdom,  in a European Union member states under the Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (as updated from time to time) or in South Korea then you are contracting with Artlist UK Limited located at Suite 4 St Giles House, 27 St Giles Street, Norwich, Norfolk, UK, NR2 1JN; (ii) if you are domiciled in any country other than the countries mentioned in (i) above then you are contracting with Artlist Ltd located at Kibbutz Afikim 1, Afikim, 1514800 IL. Notwithstanding the foregoing, payment processing and related financial transactions may be conducted by one or more Artlist entities mentioned above, including Artlist Inc., located at 1000 N. West Street, Suite 1410, Wilmington, New Castle County, Delaware 19801, and Artlist S.à.r.l., located at 12C, rue Guillaume Kroll, L-1882 Luxembourg, acting on behalf of the applicable contracting entity.

20. General.

1. You bear responsibility for payment of all taxes and expenses applying to you in connection with the Agreement and/or your use of the Assets, to the extent such may apply. In the event the Company is required to pay any such taxes and expenses on your behalf, we will be entitled to charge you for any such amounts.
2. The Agreement constitutes the entire agreement between you and the Company with respect to your access and use of the Site, the Assets, and the Company’s services, and any prior or future agreement and/or undertaking and/or declaration not specifically included in the Agreement will not be valid. You hereby waive in advance any claim according to which the Agreement was changed and/or amended and/or canceled by conduct or by any correspondence between you and Company or anyone on its behalf.
3. If and to the extent any provision of the Agreement is decided by a court to be invalid, illegal, or unenforceable, it will not derogate from the validity of the other provisions of the Agreement.
4. In the event you have any questions regarding these Terms, the Site, or our services, you can contact our Customer Support here. 
5. The following paragraphs shall survive the expiration or termination of this Agreement: indemnification, exemption from liability, intellectual property rights, assignment, governing law, and general terms.
6. These Terms do not affect your statutory rights.

21. Governing Law & Jurisdiction.

The laws of the State of Israel will exclusively apply to the Agreement, without giving effect to any rules or principles of conflict-of-law, and the jurisdiction to hear any issue resulting from or regarding the Agreement, directly or indirectly, will be given exclusively and uniquely to the Tel Aviv-Yaffo courts and no other court anywhere else.

22. Operating Requirements for Tools & Technical Problems.

1. It is your responsibility to carefully check the operating system requirements for the Tools. These can be found on our website at our Help Center.
2. You acknowledge and agree that you are responsible for downloading, installing, managing, and operating the Tools. There are no guarantees of uninterrupted or error-free use, and Artlist may not support modified, outdated, or misused versions of the Tools.
3. Please note that if your subscription expires, you will have the free/watermarked version of the Tools; these versions will not have the complete functionality of the full versions.
4. The Tools that we supply to you must be as described, fit for purpose, and of satisfactory quality. In the event that Tools do not conform to these standards and your hardware meets our minimum technical specifications, please submit a request through the Help Center, indicating the function you were using when you experienced the malfunction, any error message, and who can provide you with assistance and support. Our Customer Support team will advise you whether you may be entitled to a repair or a replacement of the Tools.
5. In the event of a defect and/or fault in our Tools, you may be entitled to a refund, repair, or compensation under your statutory rights.  You shall not be entitled to a refund, repair, or compensation where:
   1. The Tools with faults caused by accident, neglect, misuse, or normal wear and tear.
   2. Any attempt to circumvent any of the restrictions and/or limitations installed in the Tools, and/or failure to comply with our instructions in using the Tools.
6. Failure to use the Tools in accordance with these terms and License.
7. We will not be held responsible if the Tools are incompatible with your system or for incompatibilities caused by equipment that has been modified to disable regional encoding. As a result, we recommend that you check the Tools on an alternative machine before contacting us.