Terms of Service
These Terms of Service (“Terms”) govern your access to and use of the websites, applications, administrative tools, and related services operated by ArteFX LLC (“ArteFX,” “we,” “us,” or “our”), collectively referred to as the “Services.”
By accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services.
1. Eligibility and authorization
You may use the Services only if you are legally capable of entering into these Terms and are authorized to use the applicable application.
Some Services are private administrative or employee-facing applications. Access to those Services is limited to individuals authorized by ArteFX or the organization that provides their account.
2. User accounts
You may be required to create or receive an account to use certain Services. You agree to:
- Provide accurate and current information.
- Keep your login credentials confidential.
- Use only the account assigned to you.
- Notify us promptly if you believe your account has been accessed without authorization.
- Accept responsibility for activity performed through your account, except to the extent caused by our failure to use reasonable security measures.
We may suspend or disable an account when reasonably necessary to protect the Services, investigate suspected misuse, comply with law, or enforce these Terms.
3. Permitted use
You may use the Services only for lawful, authorized purposes.
You may not:
- Attempt to gain unauthorized access to an account, system, or network.
- Interfere with the operation or security of the Services.
- Introduce malicious software or harmful code.
- Scrape, probe, scan, or test the Services without written authorization.
- Reverse engineer the Services except where applicable law expressly permits it.
- Use the Services to violate another person’s rights.
- Submit false, unlawful, abusive, or fraudulent information.
- Share credentials with an unauthorized person.
4. Account recovery and verification
We may use email or other available methods to confirm account ownership, recover access, or verify contact information.
Where SMS verification is enabled, you may request a one-time transactional security code. Message frequency varies according to account activity. Message and data rates may apply. SMS delivery is not guaranteed and may be delayed or unavailable.
Reply STOP to discontinue SMS messages or HELP for assistance. Opting out may prevent completion of functions that require phone-number verification.
We do not send marketing or promotional text messages unless we provide separate notice and obtain any consent required by law.
5. User-provided information
You retain ownership of information you submit through the Services.
You grant us a limited right to host, process, transmit, display, and use that information only as reasonably necessary to:
- Operate and maintain the Services.
- Provide requested functionality.
- Secure and troubleshoot the Services.
- Comply with legal obligations.
- Enforce these Terms.
You represent that you have the right to provide information submitted through your account.
6. Intellectual property
The Services, including their software, designs, interfaces, documentation, text, graphics, branding, and other content provided by ArteFX, are owned by ArteFX or its licensors and are protected by applicable intellectual-property laws.
Except for the limited right to use the Services under these Terms, no rights are transferred to you.
“ArteFX” and any related product names, logos, and marks are the property of ArteFX or their respective owners.
7. Third-party services
The Services may depend upon or link to third-party services, including hosting, email, telecommunications, authentication, analytics, and infrastructure providers.
We are not responsible for third-party services that we do not control. Their separate terms and privacy practices may apply.
8. Service availability and changes
We may modify, update, suspend, or discontinue all or part of the Services at any time.
We do not guarantee that the Services will always be uninterrupted, secure, error-free, or available. Planned maintenance, technical failures, third-party outages, and circumstances beyond our reasonable control may affect availability.
9. Termination
You may stop using the Services at any time.
We may suspend or terminate access when:
- You violate these Terms.
- Your access is no longer authorized.
- Continued access creates a security or legal risk.
- The applicable service or business relationship ends.
- We discontinue the applicable Service.
Sections that by their nature should survive termination will remain in effect, including intellectual-property provisions, disclaimers, liability limitations, and dispute provisions.
10. Disclaimers
To the fullest extent permitted by law, the Services are provided “as is” and “as available.”
ArteFX disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, noninfringement, and uninterrupted or error-free operation.
Some jurisdictions do not permit certain warranty exclusions, so portions of this section may not apply to you.
11. Limitation of liability
To the fullest extent permitted by law, ArteFX and its owners, officers, employees, contractors, and affiliates will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenues, data, business opportunities, or goodwill arising from or relating to the Services.
To the fullest extent permitted by law, ArteFX’s total liability arising from or relating to the Services will not exceed the greater of:
- The amount you paid directly to ArteFX for the applicable Service during the twelve months preceding the event giving rise to the claim; or
- $100.
These limitations do not apply where prohibited by law.
12. Indemnification
To the extent permitted by law, you agree to indemnify and hold harmless ArteFX and its owners, officers, employees, contractors, and affiliates from claims, losses, liabilities, and reasonable expenses arising from:
- Your unlawful or unauthorized use of the Services.
- Your material violation of these Terms.
- Information or content you submit in violation of another person’s rights.
This provision does not apply to the extent a claim results from ArteFX’s own unlawful conduct.
13. Governing law
These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles.
Any legal proceeding arising from these Terms or the Services will be brought in the state or federal courts located in San Diego County, California, and each party consents to those courts’ jurisdiction and venue, unless applicable law requires otherwise.
14. Changes to these Terms
We may update these Terms periodically. We will update the “Last updated” date when changes are made.
When legally required, we will provide additional notice or request consent. Continued use of the Services after revised Terms take effect constitutes acceptance of the revised Terms.
15. Contact
Questions about these Terms may be sent to:
ArteFX LLC
Email: support@artefx.llc
Website: https://artefx.llc/support