Artis Terms of Use
Effective date: August 2026
Welcome to Artis. These Terms of Use (these “Terms”) govern your access to and use of the Platform, services, Deliverables, support, and other offerings provided by Realocity Technologies d/b/a Artis (“Artis,” “we,” “us,” or “our”) (collectively, the “Services”). The individual or entity that accepts these Terms, uses the Services, or enters into an Order Form is referred to as “Customer,” “you,” or “your.”
If you have any questions, comments, or concerns regarding these Terms or the Services, please contact us at: hello@artis.ai or 804 Congress Ave, Suite 100, Austin, TX 78701.
These Terms are a binding contract between you and Artis. By accessing or using the Services, clicking to accept these Terms, or entering into an Order Form, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.
These Terms include the provisions in this document and the Privacy Policy available at artis.ai/privacy. Your use of or participation in certain Services may also be subject to one or more order forms, statements of work, subscription forms, or similar ordering documents entered into by you and Artis that reference these Terms or relate to the Services (each, an “Order Form”), and additional policies, rules, exhibits, schedules, or conditions made available by Artis or referenced in an Order Form (“Additional Terms”). Each Order Form and all Additional Terms are incorporated into and form part of these Terms. If there is a conflict between these Terms and an Order Form, the Order Form will control solely with respect to the Services provided under that Order Form.
Please read these Terms carefully. They include important information about the Services, charges and fees, future changes to these Terms, limitations of liability, indemnification obligations, and resolution of disputes by arbitration instead of in court.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE GOVERNING LAW; ARBITRATION SECTION BELOW, DISPUTES BETWEEN YOU AND ARTIS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU AND ARTIS EACH WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. Changes to these Terms. We are constantly trying to improve the Services, so these Terms may need to change along with the Services. We may update these Terms from time to time by posting the updated Terms on our website, sending you an email, providing notice through the Services, or notifying you by other reasonable means. Any updated Terms will become effective on the date identified in the notice or, if no date is identified, when the updated Terms are posted or otherwise made available to you.
If you do not agree to updated Terms, you must stop using the Services. Your continued use of the Services after updated Terms become effective means you agree to the updated Terms. If you have entered into an Order Form with Artis, changes to these Terms will apply to your continued use of the Services but will not materially reduce the Services, increase the fees, or change the material rights or obligations applicable to an active Order Form during its then-current term unless you and Artis agree otherwise in writing.
Except for changes made as described in this section, no amendment or modification of these Terms will be effective unless in writing and signed by both you and Artis. Any amendment to an Order Form must be made in accordance with the amendment requirements in that Order Form or, if the Order Form does not specify amendment requirements, in a writing signed by both you and Artis. Any renewal Order Form, new Order Form, or continued use of the Services after the then-current term may be subject to the version of these Terms then in effect.
2. Privacy. Artis takes privacy seriously. Please review the Privacy Policy available at artis.ai/privacy for information about how we collect, use, disclose, and otherwise process personal information in connection with the Services.
3. Children’s Privacy. The Services are not intended for children under 13 years of age. We do not knowingly collect or solicit personal information from children under 13 years of age. If you are under 13 years of age, please do not use the Services or send us personal information. If we learn that we have collected personal information from a child under 13 years of age, we will delete that information as quickly as practicable. If you believe a child under 13 years of age may have provided us personal information, please contact us at hello@artis.ai.
4. Authority; Permitted Use. You represent and warrant that you are an individual of legal age to form a binding contract or are otherwise legally authorized to use the Services on behalf of the person, organization, or entity you identify or represent. If you accept these Terms or enter into an Order Form on behalf of an organization or entity, you represent and warrant that you are authorized to bind that organization or entity to these Terms and the applicable Order Form.
You further represent and warrant that your agreement to, and performance under, these Terms and any applicable Order Form will not violate or conflict with any applicable law, organizational document, contract, policy, obligation, or restriction binding on you, and that no third-party consent, approval, license, or authorization is required for you to use the Services, provide Customer Content, or authorize Artis to perform the Services, except for any consent, approval, license, or authorization that you have already obtained.
You may use the Services only for your internal business purposes or as otherwise expressly permitted in an applicable Order Form. You may not use the Services on behalf of or for the benefit of any third party except as expressly permitted in an Order Form. You must use the Services in compliance with all laws, rules, and regulations that apply to you.
5. Messaging. As part of the Services, you may receive communications through the Services, including messages that Artis sends you or your authorized users, representatives, or personnel by email, SMS, in-product notices, or other electronic means. By signing up for the Services, entering into an Order Form, or providing us with your or another person’s contact information, including any wireless number, you confirm that Artis may send service-related, transactional, administrative, account, billing, security, support, and operational communications relating to the Services to the contact information provided.
If you provide us with a wireless number, you consent to receive SMS or similar text messages from Artis at that number, including messages sent using automated dialing technology, to the extent permitted by applicable law. You represent and warrant that you have obtained all rights and consents necessary for Artis to send communications to each person whose contact information you provide to us, including each person you register for the Services or identify as an authorized user, account contact, billing contact, or other representative.
You may opt out of marketing or promotional communications as described in those communications or as otherwise made available by Artis, but you may continue to receive service-related, transactional, administrative, account, billing, security, support, and operational communications where permitted by law. You agree to indemnify and hold Artis harmless from and against any claims, liabilities, damages, losses, and expenses, including attorneys’ fees, arising from or related to your breach of this section.
6. Restrictions. You represent, warrant, and agree that you will not provide, submit, upload, transmit, or contribute anything to the Services, including Customer Content, or otherwise use, access, or interact with the Services, in any manner that:
- (a) infringes, misappropriates, or otherwise violates any intellectual property, privacy, publicity, contractual, proprietary, or other rights of Artis or any third party;
- (b) violates any applicable law or regulation, including any export control, sanctions, privacy, data protection, consumer protection, advertising, marketing, or communications law;
- (c) is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, unlawful, or otherwise objectionable;
- (d) jeopardizes, interferes with, or disrupts the security, integrity, availability, or proper operation of the Services, the Platform, or any related systems or networks;
- (e) violates or attempts to circumvent the security of any computer network, system, account, password, encryption measure, or authentication mechanism;
- (f) crawls, scrapes, spiders, copies, indexes, or extracts any page, data, content, or portion of or relating to the Services, whether by manual or automated means, except as expressly permitted by Artis in writing;
- (g) copies, stores, downloads, reproduces, distributes, or otherwise uses any significant portion of the Platform, Services, or Deliverables except as expressly permitted by these Terms or an applicable Order Form;
- (h) decompiles, reverse engineers, disassembles, modifies, or otherwise attempts to derive or obtain the source code, underlying ideas, models, algorithms, structure, or non-public information of or relating to the Services;
- (i) accesses or uses the Services to develop, train, improve, benchmark, or modify any competing or similar service, product, technology, model, system, or platform; or
- (j) permits, assists, or enables any third party to do any of the foregoing.
A violation of this section is grounds for suspension or termination of your right to access or use the Services, in addition to any other rights or remedies available to Artis under these Terms, any applicable Order Form, or applicable law.
7. Customer Accounts; Third-Party Services. You are responsible for providing all rights, authorizations, consents, licenses, permissions, credentials, and access necessary for Artis to receive and use Customer Content and to access any third-party applications, platforms, websites, services, accounts, or systems used by you or needed in connection with the Services, including services such as Google, Apple, Facebook, Instagram, TikTok, YouTube, LinkedIn, Pinterest, and similar services (collectively, “Customer Accounts”).
You acknowledge that the Services may require Artis to access Customer Accounts, related settings, and third-party applications. Artis is not responsible for any failure to perform, delay, loss, claim, suspension, restriction, content removal, or other issue arising from Customer Accounts, third-party applications, third-party platforms, or your failure to provide or maintain access to any of the foregoing, except to the extent caused by Artis’s breach of these Terms or an applicable Order Form.
The Services may operate or interface with software, services, content, data, or other technology that is licensed from, provided by, or otherwise made available by third parties (“Third-Party Technology”). You will use Third-Party Technology in accordance with any applicable third-party terms, and Artis is not responsible or liable for Third-Party Technology except to the extent expressly stated in an applicable Order Form.
8. Customer Cooperation. You acknowledge that Artis’s performance of the Services requires your cooperation and engagement. You agree to provide information, materials, access, approvals, content, brand direction, and other inputs reasonably requested by Artis in connection with the Services. Artis will not be liable for losses, delays, missed deadlines, or failures to perform to the extent caused by your delay, non-responsiveness, failure to provide required materials or access, or the inadequacy, incompleteness, or inaccuracy of information or materials you provide.
9. Intellectual Property. As between you and Artis, Artis owns and retains all rights, title, and interest in and to the Services, Artis’s proprietary platform, including the software, technology, tools, dashboards, data, documentation, interfaces, workflows, and related functionality made available by or on behalf of Artis in connection with the Services (the “Platform”), and all other software, technology, data, documentation, templates, tools, methods, know-how, processes, workflows, strategies, formats, designs, and other materials made available by or on behalf of Artis through or in connection with the Services, excluding Customer Content and Deliverables (collectively, “Artis Property”). Artis may use aggregated or de-identified information derived from the Services to operate, improve, analyze, and support the Services, provided that such information does not identify you or any individual. Any use of personal information will be handled in accordance with the Privacy Policy.
Subject to these Terms and any applicable Order Form, Artis grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Platform during the applicable term solely for your internal business purposes and solely in accordance with these Terms and the applicable Order Form. No rights are granted except as expressly stated in these Terms or an Order Form, and Artis and its licensors reserve all rights not expressly granted.
Unless otherwise stated in an Order Form, upon full payment of all fees due for the applicable Deliverables, you will own the final Deliverables created by Artis specifically for you, excluding, for clarity, any Artis Property. “Deliverables” means any content, assets, materials, strategies, posts, videos, films, graphics, captions, reports, or other work product that Artis creates or provides for you as described in or provided under an Order Form. To the extent any Artis Property is incorporated into a Deliverable, Artis grants you a non-exclusive, non-transferable, non-sublicensable license to use that Artis Property solely as incorporated in the Deliverable and solely for your use of that Deliverable as permitted by these Terms and the applicable Order Form.
You grant Artis a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sublicensable right and license to access, use, reproduce, modify, adapt, edit, enhance, create derivative works from, publish, display, distribute, transmit, and otherwise exploit Customer Content as necessary or useful to provide, improve, test, and support the Services and the Platform, create Deliverables, perform under any Order Form, and exercise Artis’s rights under these Terms. This license includes the right to use Customer Content to create or modify Deliverables and to access Customer Accounts as authorized by you. “Customer Content” means any content, data, information, photographs, videos, images, audio, text, materials, account access, brand assets, instructions, approvals, or other materials that you provide, submit, upload, transmit, make available, authorize Artis to access, or otherwise furnish in connection with the Services, including through the Platform or any Customer Account. As between you and Artis, you retain ownership of Customer Content.
You represent and warrant that you have obtained all rights, licenses, permissions, consents, releases, and authorizations necessary for Artis to receive, access, use, reproduce, modify, adapt, enhance, create derivative works from, publish, display, distribute, and otherwise exploit Customer Content as contemplated by these Terms and any applicable Order Form, including any rights required from photographers, videographers, creators, subjects, owners, or other third parties whose materials or rights are included in Customer Content.
If Artis receives any notice or claim that Customer Content or any activity involving Customer Content may infringe, misappropriate, or violate any rights of a third party or any applicable law, Artis may suspend use of that Customer Content, remove or restrict access to affected materials, or suspend related Services. Artis will have no liability for taking any action it reasonably believes is necessary to address such notice, claim, or risk.
Artis may use your name, logo, trademarks, Customer Content, and Deliverables in Artis’s portfolio, websites, case studies, customer lists, marketing materials, and promotional materials only with your prior consent or as otherwise expressly permitted in an Order Form. Consent may be provided through an Order Form, onboarding workflow, email approval, platform setting, or other written or electronic approval method made available by Artis.
If you provide suggestions, ideas, enhancement requests, comments, or other feedback regarding the Services (“Feedback”), you grant Artis a perpetual, irrevocable, worldwide, royalty-free, fully paid, sublicensable, and transferable license to use and exploit Feedback for any purpose without restriction or compensation to you. Artis may treat Feedback as non-confidential.
10. Fees; Payment; Taxes. You will pay all fees and charges set forth in the applicable Order Form or otherwise disclosed by Artis (collectively, “Fees”). Unless otherwise stated in an Order Form, Fees are due in advance, are payable in U.S. dollars, and are non-refundable (except as expressly provided in these Terms or as required by applicable law or card-network rules) and not subject to setoff. You are responsible for all taxes, duties, levies, assessments, and governmental charges associated with your purchase or use of the Services, excluding taxes based on Artis’s net income.
Unless otherwise stated in an Order Form, you will pay Fees by ACH or another payment method approved by Artis. If you elect or are permitted to pay by credit card, Artis may impose a credit-card surcharge, convenience fee, service fee, or similar charge (a “Card Surcharge”), which may be calculated as a percentage of the amount charged, only to the extent permitted by applicable law, card-network rules, and payment-processor requirements. Any Card Surcharge will not exceed Artis’s actual cost of acceptance for the applicable card or the maximum amount permitted by applicable law and card-network rules, whichever is lower. Artis will disclose the existence and rate of any Card Surcharge before you authorize the applicable payment or payment method, including in the applicable Order Form, at the point of sale, or on the applicable checkout or payment page, and will separately itemize the Card Surcharge as a line item on the applicable invoice or receipt. Because a Card Surcharge depends on the payment method you use, the exact dollar amount of a Card Surcharge cannot be determined until you select a payment method. Artis will disclose the calculated dollar amount of the Card Surcharge on the applicable invoice or receipt. Artis is not required to disclose that dollar amount before you select or authorize a payment method, including for recurring or automatically recurring charges. Artis will not impose a Card Surcharge on debit cards or prepaid cards. If Artis refunds all or any portion of a charge to which a Card Surcharge was applied, Artis will refund the Card Surcharge in the same proportion as the refunded charge, as required by applicable card-network rules.
Artis may provide required disclosures regarding any Card Surcharge at the point of entry, point of sale, invoice, receipt, payment page, or other applicable point in the payment process. Artis may instead include card-acceptance costs in its pricing or offer a discount for ACH, cash, wire, check, or other lower-cost payment methods. If any Card Surcharge is prohibited or restricted in a jurisdiction applicable to a transaction, Artis may waive, reduce, recharacterize, or restructure the charge to comply with applicable law, card-network rules, and payment-processor requirements.
11. Review and Acceptance of Deliverables. Artis will provide the Services and Deliverables in a manner consistent with the applicable Order Form and the brand direction, specifications, materials, and inputs you provide. Unless a different review period is stated in an Order Form, you will have fifteen (15) days after Artis provides a Deliverable to review and either accept or reject that Deliverable. Any rejection must be made in good faith by written notice describing in reasonable detail the specific ways in which the Deliverable materially fails to conform to the applicable specifications expressly set forth in the Order Form. If you do not reject a Deliverable within the applicable review period, the Deliverable will be deemed accepted.
If there is a good-faith dispute regarding whether a rejected Deliverable materially conforms to the applicable Order Form specifications, the parties will work together in good faith to resolve the dispute. If Artis determines that a rejected Deliverable does not materially conform to the applicable Order Form specifications, Artis will use commercially reasonable efforts to remedy the nonconformity. If Artis determines that remedying the nonconformity is not commercially feasible, Artis may provide a credit or refund of the portion of Fees reasonably attributable to the nonconforming Deliverable. Reperformance or, if reperformance is not commercially feasible, a credit or refund as described in this section is your sole and exclusive remedy for any nonconforming or rejected Deliverable.
12. Term; Suspension; Termination. These Terms begin when you first accept them, access or use the Services, or enter into an Order Form, and they remain in effect while you use the Services or have an active Order Form. Each Order Form will begin on the start date stated in that Order Form and will continue for the term stated in that Order Form, including any renewal terms. Any automatic renewal will be subject to the renewal, notice, and cancellation terms stated in the applicable Order Form and any non-waivable requirements of applicable law.
You may stop using the Services at any time, but stopping use does not terminate an active Order Form or relieve you of payment obligations incurred under an Order Form. Artis may suspend or terminate your access to the Services if you breach these Terms or an Order Form, if required by law or a third-party platform or provider, if your use creates a security, legal, operational, or reputational risk, or if Artis otherwise has the right to do so under an Order Form.
Provisions that by their nature should survive termination will survive, including Sections 9 (Intellectual Property), 10 (Fees; Payment; Taxes), 13 (Confidentiality), 14 (Warranty Disclaimer), 15 (Limitation of Liability), 16 (Indemnification), 19 (Governing Law; Arbitration), and 20 (Miscellaneous), together with any accrued rights or obligations and any other provisions that by their nature are intended to survive termination.
13. Confidentiality. “Confidential Information” means non-public information disclosed by one party to the other that is marked or identified as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, including business, technical, financial, product, customer, pricing, strategy, security, and operational information. Confidential Information does not include information that the receiving party can show is publicly available without breach of these Terms, already known without confidentiality restriction, independently developed without use of Confidential Information, or rightfully received from a third party without confidentiality restriction.
Each party will use the other party’s Confidential Information only to perform or receive the Services or exercise rights under these Terms and applicable Order Forms. Each party will protect the other party’s Confidential Information using at least reasonable care and will not disclose it except to its personnel, contractors, advisors, and service providers who need to know it and are bound by confidentiality obligations at least as protective as those in these Terms, or to the extent required by law, regulation, subpoena, court order, or other legal process, provided that the receiving party will, to the extent legally permitted, provide the disclosing party with prompt written notice of the requirement, reasonably cooperate with the disclosing party’s efforts to seek confidential treatment, a protective order, or other appropriate remedy, and disclose only the portion of Confidential Information legally required to be disclosed.
14. Warranty Disclaimer. EXCEPT AS EXPRESSLY STATED IN AN APPLICABLE ORDER FORM, THE SERVICES, PLATFORM, SUPPORT, DELIVERABLES, ARTIS PROPERTY, THIRD-PARTY TECHNOLOGY, AND ALL RELATED MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” ARTIS DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
ARTIS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME, OR THAT THE SERVICES, SUPPORT, DELIVERABLES, OR PLATFORM WILL PRODUCE ANY PARTICULAR CUSTOMER ENGAGEMENT, SALES, REVENUE, BUSINESS, MARKETING, OR OTHER RESULTS. ARTIS IS NOT RESPONSIBLE FOR THIRD-PARTY PLATFORMS, CUSTOMER ACCOUNTS, THIRD-PARTY TECHNOLOGY, OR CUSTOMER CONTENT EXCEPT AS EXPRESSLY STATED IN AN APPLICABLE ORDER FORM.
15. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ARTIS NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, SUPPLIERS, REPRESENTATIVES, AGENTS, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, THE “ARTIS PARTIES”) WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR RELIANCE DAMAGES; LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR USE; BUSINESS INTERRUPTION; COST OF SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY; OR LOSSES ARISING FROM CUSTOMER ACCOUNTS, THIRD-PARTY PLATFORMS, THIRD-PARTY TECHNOLOGY, OR MATTERS OUTSIDE ARTIS’S REASONABLE CONTROL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE ARTIS PARTIES ARISING OUT OF OR RELATING TO THESE TERMS, ANY ORDER FORM, OR THE SERVICES WILL NOT EXCEED THE FEES PAID BY YOU TO ARTIS FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY. IF NO FEES WERE PAID FOR THE APPLICABLE SERVICES, THE AGGREGATE LIABILITY OF THE ARTIS PARTIES WILL NOT EXCEED ONE HUNDRED DOLLARS ($100).
16. Indemnification. You will defend, indemnify, and hold harmless the Artis Parties from and against all claims, demands, actions, proceedings, liabilities, damages, losses, settlements, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to Customer Content, your breach of these Terms or an Order Form, your violation of law, or your gross negligence or willful misconduct.
Artis will defend you against any third-party claim alleging that your authorized use of the Platform, as provided by Artis and used in accordance with these Terms and the applicable Order Form, infringes a valid U.S. patent, copyright, or trade secret, and will indemnify you for damages and reasonable attorneys’ fees finally awarded or amounts paid in settlement of such claim. Artis will have no obligation for claims arising from Customer Content, Third-Party Technology, your instructions or specifications, unauthorized use, modifications or combinations not made by Artis, use after Artis provides a non-infringing alternative, or use outside the scope of these Terms or an Order Form.
A party seeking indemnification must promptly notify the indemnifying party of the claim, provide reasonable cooperation, and allow the indemnifying party to control the defense and settlement of the claim. The indemnifying party will not be responsible for any settlement it does not approve in writing. The foregoing Artis indemnification obligations state Artis’s entire liability and your exclusive remedy for any actual or alleged infringement by the Services and/or Platform.
17. Assignment. You may not assign, delegate, or transfer these Terms, any Order Form, your account, or your rights or obligations without Artis’s prior written consent, and any attempted assignment in violation of this section is void. Artis may assign these Terms or any Order Form to an affiliate or in connection with a merger, acquisition, corporate reorganization, financing, sale of assets, or other change of control. Subject to the foregoing, these Terms will bind and benefit the parties and their permitted successors and assigns.
18. Notices. Notices under an Order Form must be sent to the notice contacts identified in that Order Form. Legal notices to Artis under these Terms must be sent to Artis at 804 Congress Ave, Suite 100, Austin, TX 78701, Attn: Legal, with a copy to hello@artis.ai, unless Artis provides a different notice address. Artis may send notices to you at the email address, account contact, billing contact, or notice address you provide in an Order Form, through the Services, or by other reasonable means.
19. Governing Law; Arbitration. These Terms and any dispute arising out of or relating to these Terms, any Order Form, or the Services are governed by the Federal Arbitration Act, applicable federal law, and the laws of the State of Delaware, without regard to conflict-of-laws rules. The parties will first attempt to resolve any dispute through good-faith negotiations. If the dispute is not resolved through good-faith negotiations within thirty (30) days, it will be finally resolved by binding arbitration in New Castle County, Delaware, in English, under the JAMS Streamlined Arbitration Rules and Procedures then in effect, by one commercial arbitrator with substantial experience in intellectual property and commercial contract disputes.
Either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidentiality obligations, or data security obligations. Judgment on an arbitration award may be entered in any court of competent jurisdiction. To the fullest extent permitted by law, claims must be brought on an individual basis and not as a plaintiff or class member in any class, consolidated, or representative action. You and Artis each waive any right to a jury trial.
20. Miscellaneous. If any provision of these Terms is found unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms otherwise remain in full force and effect. A party’s failure to enforce any provision is not a waiver of that provision or any other provision. No waiver is effective unless in writing and signed by the party granting the waiver.
Each party acknowledges that any actual or threatened breach of these Terms may cause irreparable harm for which monetary damages would be an inadequate remedy. Accordingly, in addition to any other rights or remedies available at law or in equity, the non-breaching party may seek temporary, preliminary, and permanent injunctive relief, specific performance, or other equitable relief in any court of competent jurisdiction, without the necessity of posting a bond or proving actual damages. Judgment on an arbitration award may be entered in any court of competent jurisdiction. To the fullest extent permitted by law, claims must be brought on an individual basis and not as a plaintiff or class member in any class, consolidated, or representative action. You and Artis each waive any right to a jury trial.
These Terms, together with all Order Forms and Additional Terms, are the complete and exclusive statement of the agreement between you and Artis regarding the Services and supersede all prior and contemporaneous agreements, communications, and understandings regarding the Services. Purchase orders or other customer documents will not modify these Terms or any Order Form, and Artis rejects all additional, conflicting, or inconsistent terms in any purchase order or similar document unless Artis expressly agrees to them in a signed writing.
Nothing in these Terms or any Order Form creates an employment, agency, partnership, fiduciary, or joint venture relationship. You have no authority to bind Artis. Except for the Artis Parties and as expressly stated in the arbitration provisions, there are no third-party beneficiaries under these Terms.