Terms of Use

Contents

Terms of Use

These Terms of Use (“Terms”) settles the terms and conditions under which you may access and use this website and/or application and/or other future platforms offered by Company (“Site”), which is provided and made available to you by Artlist and its affiliates as set forth below (“Company”, “Artlist”, “we”, “our”, “us”)

Kindly note that by accessing and/or using the Site, you, your authorized representative and/or any entity you hereby represent (“you”, “your”) accept these Terms and the Privacy Policy and agree to be bound by them. Therefore, it is your obligation to read these Terms and the Privacy Policy carefully and make sure you agree with them before any access or use of the site.

Please be advised that by subscribing to our services, you will also be subject to the relevant License or End User License Agreement (“EULA”) which applies to the specific subscription and assets you purchased (“License”), which shall be read together with these Terms and the Privacy Policy (together the “Agreement”). Capitalized terms used but not defined herein, shall have the respective meanings given to them in the License.

You hereby represent and warrant that: (1) you have read the Agreement, understood the stated therein and you hereby agree to engage with the Company under its terms; (2) your age does not limit you from lawfully engaging in the Agreement and that you are not legally prohibited from entering into the Agreement; (3) you are authorized to enter into and perform the Agreement for yourself or for the entity the details of which were specified upon subscription to our services.

Last update: September 29, 2024

1. Opening an account

  1. In order to use the Company’s services and its' various licenses for using the Assets as specified in these Terms and in the License, you are required to (i) open an account in the Site, (ii) provide us with your accurate and full details (such as name, email address, phone number, payment method when relevant), including your Channels URL’s if you purchased a Social Creator License, and (iii) pay any applicable fees and taxes, except in case of a free trial account. You are forbidden from providing us a nonexistent email address or an email address which does not belong to you, impersonating another person or entity, or misleading us in any other way regarding your identity or your payment method information.
  2. You are required to protect the confidentiality and safety of the account details (username and password), and you will bear full and exclusive liability for all activities in your account. You must inform us immediately of any unauthorized use of your account
  3. In case you purchase a Team subscription, you will be required to provide us the relevant details for the access by all users under such subscription and the following will apply:
    1. Each entity or person purchasing a Team subscription (“Team Account”) shall select a person to register the Team Account (“Admin”) which shall act as its authorized representative and any decision or action made by the Admin is deemed as a decision or action of that entity or person. An Admin possess important privileges and controls over the use of the Team Account, including, without limitation: (i) control Admin and the Team Account users use of the Team Account; (ii) purchase, upgrade or downgrade the subscription; (iii) create, monitor or modify Team Account users’ actions and permissions; (iv) add, substitute or remove Team Account users from the Team Account. An Admin can be replaced only subject to the provision of the necessary information/documentation to the Company’s support team.
    2. The entity or person purchasing the Team Account is solely liable and responsible for understanding and controlling the settings of and access to the Team Account, including without limitation, the specific rights granted to the Admin. The entity or person purchasing the Team Account is responsible for the activities of all of its’ users, even if they are not part of its’ organization or domain. Furthermore, the entity or person purchasing the Team Account acknowledges that any action taken by the Admin or any Team Account users, is deemed by Company as an authorized action by it, hence it shall have no claim in this regard

2. Sanctioned Countries

The Company is committed to complying with the sanctions 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.

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 beginning of the new billing cycle, the payment method you provided us will be automatically charged for the applicable period fees and will only be refunded pursuant to our Refund Policy below.
  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. Switching between Subscription Plans

You can switch between Artlist subscription plans, by accessing your account settings or by contacting our Customer Support team.

6. Payments and Billing

  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, and applicable law shall apply to such processing.
  2. Taxes. The tax treatment applied on each invoice will be based on the billing information provided by you, and you are solely responsible for the accuracy of such information. In particular, if you provide an invalid VAT/GST registration number, do not make your purchase as a business or provide an invalid address, Artlist will treat the transaction as a business-to-customers (BtoC) transaction, where applicable taxes may apply, at the relevant rate according to the billing information you provided. If thereafter you correct such billing information, Artlist reserves the right not to issue a credit note and a new invoice, and instead correct this on future invoices if applicable (subject to applicable tax changes).
  3. Refund Policy. You will only be entitled to receive a refund for any fees paid to us if (1) you cancel your subscription within 14 calendar days from the date of its purchase and/or renewal (“Refund Period”) and (2) you did not download or generate any Assets during such Refund Period and/or used the plugins and/or used the software and exported a video you edited on the software. You hereby understand and agree that you will not be entitled to any refunds if: (i) you do not ask the Company for refund during the Refund Period; or (ii) you download any Asset from the Site during the Refund Period.
    For the avoidance of doubt, this Section 6 does not apply to trial accounts, and therefore, if you are a subscriber with a trial account, you will not be entitled to any refund.

7. Intellectual property rights

  1. All the information, the Assets and contents included in the Site and the services offered by the Company, inclusive without limitation of any text, illustrations, graphics, sound, sound recording, musical works, clips, graphic segments, software applications, graphs, photos, video templates, plugins, 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 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.
  4. 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, and/or for creation of generative AI and any similar acts.
  5. 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/or recordings and/or the Assets and/or the contents of the Site and/or the Site’s trademarks and its design, and that your right is restricted to the limited rights granted to you in these Terms and in the License.
  6. 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 which cause the violation of intellectual property rights and/or deviation from the provisions of the License.
  7. You may not reverse engineer, decompile, or disassemble any part of any source code contained within the Site, or any of the Proprietary Content, including the video templates and plugins or avoid, bypass, remove or impair any technological measure that limits access to them.
  8. 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 to you any attribution and/or compensation. Artlist is under no obligation to use any Feedback received from you. 

8. Artlist Academy

  1. Artlist Academy is an online learning service available for streaming provided by Artlst to the Site’s users, including courses and informative tutorials on subjects relating to creativity and video creation (“Learning Materials”).
  2. Artlist grants you 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 PARTIES’ WEBSITE 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

9. Copyright Infringement Notification Policy

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

10. Company’s rights in case of a violation on your behalf

  1. You hereby acknowledge that any unauthorized use by you and/or by anyone on your behalf of any of the Assets or the Site or in a manner deviating from the conditions of the Agreement, constitute a breach of the Agreement as well as a violation of the copyright laws, 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 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 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.

11. Exemption from liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (I) THE SITE, 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, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY THAT MIGHT ARISE UNDER ANY LAW; (II) COMPANY DOES NOT WARRANT THAT THE SITE OR ITS’SERVICES WILL BE UNINTERRUPTED OR IMMUNE TO DAMAGE, MALFUNCTIONS, DEFECTS OR FAILURES IN THE HARDWARE, SOFTWARE, COMMUNICATION SYSTEMS AND LINES, AT THE SITE OR AT ANY OF ITS SUPPLIERS; (III) COMPANY WILL BEAR NO LIABILITY IN CASE ANY OF THE ASSETS IS NOT AVAILABLE IN THE SITE, FOR ANY REASON WHATSOEVER, DURING THE TERM OF THE AGREEMENT; (IV) 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; (V) COMPANY RESERVES ITS RIGHT TO REMOVE AND/OR ADD ASSETS TO THE SITE AT ANY TIME AT ITS EXCLUSIVE DISCRETION AND YOU WILL BEAR NO CLAIMS OR ARGUMENTS IN THIS REGARD; (VI) COMPANY WILL BEAR NO LIABILITY FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, AND EXEMPLARY DAMAGE, PECUNIARY OR ANOTHER, WHICH YOU MIGHT INCUR CONSEQUENT UPON: (1) YOUR USE, OR INABILITY TO USE THE SITE, THE LEARNING MATERIALS, THE SERVICES AND ANY WEBSITES LINKED TO IT; (2) CHANGES COMPANY MAY MAKE TO THE SITE AND ITS SERVICES, ALL OR ANY OF THEM; (3) CEASING, TEMPORARILY OR PERMANENTLY, THE PROVISION OF ITS SERVICES, ALL OR ANY OF THEM; (4) CHANGING, ADDING OR REMOVING ANY OF THE SERVICES’ CHARACTERS OR PROPERTIES, ALL OR ANY OF THEM; (5) CHANGING, ADDING OR REMOVING ANY CONTENTS, RECORDINGS OR ASSETS FROM THE SITE, ALL OR ANY OF THEM; (VII) COMPANY, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS OR AGENTS, WILL BEAR NO LIABILITY FOR ANY KIND OF DAMAGE IN CONNECTION WITH ANY CLAIM, LOSS OR DAMAGE ARISING UNDER OR OUT OF THIS AGREEMENT.

12. Indemnification

You hereby undertake to indemnify the Company, its subsidiaries, affiliates, licensors, employees, officers, directors, agents, service providers and artists and anyone on their behalf for any argument, claim, damage, loss, loss of profit, payment or expense (inclusive of lawyer’s fee and legal expenses) that might arise due to your use of the Company’s Site and services, your breach of the provisions of the Agreement or any use you make of Company’s services in violation of any applicable law or third-party rights.

13. Third Party Services

WHEN SUBSCRIBING OR USING 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. 

 

14. AI Services

  1. Company may utilize our and/or third party artificial intelligence technology ("AI") and/or tools and/or features (“AI Services”) designed to provide you with tools to generate AI content,  improve our services, user experience and the information provided to you. It is hereby clarified that such AI Services are not intended to be used for the purpose of processing personal data. You are responsible for any personal data you provide while interacting with the AI Services. Artlist reserves the right to suspend and/or terminate and/or discontinue the AI Services and/or remove and/or add new AI Services, at any time without notice to you, at its sole discretion. 
  2. Some of our AI Services give you the option to provide input and receive generated AI output from the AI Service based on the input provided by you. You  are solely responsible for your input and output, including ensuring that it does not violate any law or our Terms and License, and you represent that you have all the rights; authorizations, permissions and licenses needed to provide input and generate output using our AI Services.
  3. AI Services may produce offensive, inaccurate or partial outputs. Such outputs do not represent Artlist or its views and Artlist is not responsible for any such output that might be generated by using its AI Services.
  4. Any reference and/or mention of third-party product or services in an output does not indicate and/or implies that said third-party endorses or is affiliated with Artlist.
  5. Given the nature of AI technology we cannot guarantee and do not warrant to you as to the accuracy or reliability of the outputs or results generated by the AI Services.
  6. For some of our AI Services, we grant you a quota of credits/points/characters, which you can review in your Account page, to use in order to generate AI outputs. Credits/points/characters do not grant you any property rights, are non-transferable, not refundable and cannot be exchanged for money or monetary value. You cannot and are prohibited from selling and/or transferring and/or gifting and/or endowing the credits/points/characters allotted to you to another person. The credits/points/characters can only be used in connection with and as part of the specific AI Service in which they are granted to you.
  7. Artlist’s API client uses Open AI API Services. If you are using our Artboard feature, you hereby certify that you have read and agree to Open AI Terms of Use and Privacy Policy.

15. Amendments to these Terms & Fees

  1. 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 and/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 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. Company has the right to change, modify, cancel or discontinue any service, tool, benefit, feature and/or functionality offered by it 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 change will only apply to you by your next billing cycle.

16. 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.

17. 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, inclusive with regards 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 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.

18. 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 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 IS.

19. 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 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 question 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 of liability, intellectual property rights, assignment, governing law and general terms.
  6. These Terms do not affect your statutory rights.

20. 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.

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If you are a subscriber of the Artlist Max, your use of FXhome software and plugins components will be subject to (1) these Terms of Use, (2) the following additional sections and (3) the EULA provided to you during the download of the software and plugins.   

21. Operating Requirements

  1. It is your responsibility to carefully check the operating system requirements for the software and plugins. These can be found on our website at our Help Center.
  2. You acknowledge and agree that you are responsible for downloading, installation, management and operation of the software and/or plugins.
  3. Please note that if your subscription expires, you will have the free/watermarked version of the software and/or plugins, these versions will not have the complete functionality of the full versions.

22. Technical Problems

  1. The software and plugins that we supply to you must be as described, fit for purpose and of satisfactory quality. In the event that the software or plugins 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 and any error message, 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 software or plugins.
  2. In the event of a defect and/or fault in our software or plugins, you may be entitled to a refund, repair or compensation under your statutory rights. You shall not be entitled to a refund, repair and/or compensation where:
    1. Software and/or plugins 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 software and/or plugins, and/or failure to comply with our instructions in using the software and/or plugins.
    3. Failure to use the software and/or plugins in accordance with the terms of the EULA.
  3. We will not be held responsible if the software and/or plugins 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 software and/or plugins in an alternative machine before contacting us.