Terms of Service

1. Agreement, scope, and key terms

The TL;DR panel to the right summarises the most important points. The paragraphs below are the binding version of the same ideas.

Parties. These Terms are a contract between you and Ampersands AI, d/b/a Artifio.ai (a Texas entity). References to "we," "us," and "our" mean Ampersands AI d/b/a Artifio.ai.

Scope. These Terms govern your use of the Artifio.ai website, the web application at artifio.ai, any Artifio API we make available, and all related services (collectively, the "Service").

Acceptance. By creating an account or using the Service you agree to these Terms, the Privacy Policy, and the Cookie Policy. Creating an account is an explicit acceptance. Continued use after a change is also acceptance — see §21 for how we notify you of changes.

Key terms. In these Terms:

• Account — your Artifio.ai user account, created via Clerk.
• Balance — the dollar amount available on your Account for running Generations. Loaded via Top-Ups.
• Generation — one execution of an AI model through the Service.
• Gold — the optional $5/month membership with a reduced Platform Fee and priority queue.
• Model Provider — the third-party company that operates the AI model used by a Generation (OpenAI, Google, Anthropic, Runway, etc.).
• Output or Output Content — the image, video, audio, or text a Model Provider returns when it processes your prompt.
• Platform Fee — the fee Artifio adds on top of the Model Provider's cost for each Generation (see §4.3).
• Prompt or Input Content — the text, image, audio, or other media you submit for a Generation.
• Standard — the default (non-Gold) membership tier.
• Top-Up — a one-time load of funds onto your Balance.
• User Content — collectively your Input Content, Output Content, and any other material you submit or generate through the Service.

2. Who we are and what Artifio does

• Artifio is a routing and account layer on top of third-party AI models.
• We do not develop, train, or operate the underlying AI models.
• We pass your Generation requests to the Model Provider you select.
• The current list of Model Providers is maintained in Privacy Policy §5 and on an evergreen help-center page.
• Provider availability, pricing, and capabilities are controlled by each Model Provider and can change without notice.

3. Eligibility and accounts

• 18+ only. By using the Service you represent that you are 18 years of age or older and have legal capacity to contract.
• Authentication is provided via Clerk and supports email + password, passkeys, magic links, Google, Apple, GitHub, Microsoft, and other social providers we enable over time.
• One Account per person. Multi-accounting to circumvent rate limits, abuse promotions, or evade bans is a violation.
• You are responsible for keeping your sign-in credentials confidential and for all activity under your Account.
• Accurate information. You agree to provide accurate information (email, billing address when applicable, age affirmation).
• Security notifications. Notify us at security@artifio.ai of any unauthorized access.

4. Wallet: top-ups, balance, and platform fee

4.1 How the wallet works

Your Artifio Account has a Balance denominated in US dollars. You load your Balance by making a Top-Up, processed by Dodo Payments or Stripe. Your Balance does not expire while your Account is active.

4.2 Top-ups

• Top-Ups are initiated in dollar amounts of your choosing, subject to the payment processor's minimum (currently $0.50).
• Top-Ups are non-recurring — you choose when to top up.
• Top-Ups are authorized through your selected payment method and will appear on your card statement as "ARTIFIO" or "DODOPAYARTIFIO" or "STRIPEARTIFIO".
• Sales tax and VAT / GST are added at checkout where applicable (see §14).

4.3 Platform fee

Each Generation you run is priced at the Model Provider's cost plus a Platform Fee:

• Standard members: 20% platform fee, minimum $0.50 per Generation
• Gold members: 10% platform fee, minimum $0.50 per Generation

The fee is displayed before you run each Generation; you agree to the fee by clicking the final "Generate" button. A small platform fee keeps your prices unbeatable — the fee covers Artifio's costs of running the platform (bandwidth, storage, routing, moderation, support) and the Gold priority queue.

4.4 Minimum generation price

The minimum total price for any Generation is $0.50. For very low-cost Model Provider calls, the Platform Fee effectively rounds up to meet this minimum — this is the cost of running any Generation end-to-end and is disclosed on the pricing page.

4.5 Balance use

• Your Balance can be used for any Generation available on Artifio, subject to your membership level (Gold-only models are limited to Gold members).
• Your Balance cannot be withdrawn as cash, transferred to another user, or converted to any other form of value. Top-Ups are a prepayment for future Generations, not a bank deposit.
• Your Balance is yours until spent, deleted, or forfeited as described in §6 and §7.

4.6 Pricing transparency

Current per-Generation prices for each model are displayed on the model's page and immediately before Generation. We honor the price shown at the time you click "Generate" for that specific Generation, even if the Model Provider raises their cost afterward.

4.7 Coupons and promotional codes

Artifio may offer promotional discount codes ("Coupons") that waive or reduce the Platform Fee on a wallet Top-Up, or apply a fixed-dollar discount to the Top-Up total. Coupons are governed by the following rules:

• Validity window. Each Coupon is valid only between the start and end dates shown at issuance. Coupons that have expired, been withdrawn, or reached their global redemption cap cannot be redeemed. The Coupon-validation step at checkout returns the precise reason the code is unusable so you are never surprised at the payment stage.
• Per-user redemption limit. Unless explicitly stated otherwise at issuance, each Coupon is redeemable once per Account. The redemption ledger is keyed on (coupon_id, user_id, payment_id), so re-attempting a payment that already succeeded is idempotent and never double-discounts.
• Global redemption cap. Some Coupons carry a global cap (e.g. "first 100 customers"). Once the cap is reached the Coupon is unusable for everyone; the validation step reports global_limit_reached to anyone who tries.
• No cash value, no exchange, no transfer. Coupons are not currency. They cannot be redeemed for cash, refunded, exchanged between Accounts, transferred, gifted, resold, or stockpiled. Unused Coupons expire on their validity end date and do not convert to wallet credit or any other Service entitlement.
• One Coupon per transaction. Stacking multiple Coupons on the same Top-Up is not supported. Apply the single best Coupon for your purchase.
• Artifio's right to withdraw or modify. Artifio may withdraw, suspend, or modify any Coupon at any time without notice, including by setting is_active = false on the Coupon row. Any redemption already completed in a verified webhook is honored; redemptions attempted after withdrawal are rejected at the validation step.
• Coupon fraud. Creating, distributing, brute-forcing, scraping, or sharing Coupon codes through unauthorized means is a violation of §[Platform Abuse]. We reserve the right to terminate Accounts, reverse fraudulently applied discounts (including via the dispute-resolution path), and refer to law enforcement where the conduct meets the relevant criminal threshold.
• Legal characterization. Coupons are not gift cards, gambling instruments, securities, prepaid access devices, or stored-value products under any US, EU, UK, or Brazilian law we are aware of. They are contingent discount entitlements on the Services subject to these Terms and Artifio's policies.

5. Gold subscription

5.1 What Gold includes

• Platform Fee reduction from 20% to 10% on all Generations
• Priority queue for faster Generation start times
• Early access to new models as they are added
• Any additional benefits announced on the Gold membership page

5.2 Price and billing

• $5.00 per month, charged in advance
• Auto-renews every month on your signup date
• Payment method is your default payment method at time of Gold signup
• You will receive a renewal reminder email at least 7 days before each renewal (ROSCA, 15 USC §8403)

5.3 Auto-renewal disclosure (ROSCA-compliant)

Before you confirm Gold checkout, you will see and affirmatively consent to the following disclosure:

5.4 Cancellation

• Cancel any time from Settings → Membership → Cancel Gold. Cancellation is immediate and final within the Artifio UI — no phone call, no email, no waiting for a support agent.
• EU cancellation button (effective June 19, 2026): EU users will see a "Cancel subscription" button on the membership page that matches the signup flow in prominence, per Directive (EU) 2023/2673.
• After cancellation, Gold benefits continue through the end of your current billing period; you then revert to Standard.
• Canceling Gold does not affect your Balance. Any remaining Balance remains in your Account and can be used at Standard (20%) pricing.

5.5 EU 14-day withdrawal right (Gold only)

If you are an EU / EEA consumer, you have the right to withdraw from a new Gold subscription within 14 days of signup without giving any reason, per Consumer Rights Directive Article 9.

Important. By starting Gold benefits immediately (which most users do), you expressly consent to immediate performance and acknowledge that you lose the withdrawal right once performance begins in full — per Article 16(m). If you withdraw before any Gold benefits have been provided, you receive a full refund; if you withdraw after partial performance, you pay only for what you received.

This withdrawal right is specific to Gold subscription charges; Balance top-ups are governed by §6.

6. Refund policy (wallet, Gold, and regional rights)

6.1 Wallet top-ups

• Wallet top-ups are refundable for any reason within 14 days of the top-up, provided the Balance has not been fully spent. We refund the unspent portion to your original payment method. Partial top-ups already spent on Generations are not refundable (Generations consume real Model Provider costs).
• After 14 days, top-ups are non-refundable except as required by applicable law.

6.2 Gold subscription

• Cancel any time to stop future renewals (§5.4).
• We do not refund Gold fees for partial billing periods once the month has begun, except:
  • The EU 14-day withdrawal right (§5.5) — full refund if no benefits used; pro-rata if partially used.
  • Where required by your local consumer-protection law (some US states, Australia, and other jurisdictions may compel pro-rata refunds in specific circumstances).

6.3 California Automatic Renewal Law (CA Bus. & Prof. Code §17600 et seq.)

California residents:

• Clear and conspicuous disclosure of auto-renewal terms before enrollment (provided at Gold checkout, §5.3).
• Affirmative consent to auto-renewal (checkbox, not pre-ticked).
• Acknowledgment email with all renewal details, delivered immediately after signup.
• Online cancellation mechanism, available 24/7, requiring no more steps than signup did.
• If auto-renewal terms have materially changed, clear notice before they take effect.

6.4 Chargebacks

If you dispute a charge with your bank or card issuer instead of emailing us at billing@artifio.ai, we reserve the right to suspend your Account pending resolution. We always prefer to resolve billing questions directly — email us first.

6.5 Fraud and abuse

Refunds are not available for Accounts terminated for Terms violations (see §10). Fraudulent chargebacks may result in permanent Account termination and referral to law enforcement.

7. Cancellation and account closure

7.1 Cancellation vs. deletion

• Cancel Gold — stops Gold renewals; your Account and Balance remain (§5.4).
• Delete Account — removes your Account, personal data, and forfeits any remaining Balance (below).

7.2 Account deletion

You may delete your Account at any time from Settings → Privacy → Delete account. On deletion:

• Your profile, prompts, Generation history, and stored Outputs are queued for deletion.
• Any remaining Balance is forfeited. Request a Balance refund under §6.1 before deletion if the top-up is still within 14 days.
• Active Gold subscription is automatically canceled; remaining billing period is forfeited unless within the EU 14-day withdrawal window.
• Deletion is effective in Artifio's primary systems within 72 hours; propagation to backups takes up to 30 days; propagation to third-party Model Providers follows their deletion schedules (typically ≤60 days).
• Deletion is permanent and cannot be undone.

7.3 Account inactivity

If your Account has no sign-in for 24 consecutive months, we may email you a 30-day advance warning and then delete the Account. Before deletion, we attempt to contact you twice by email.

7.4 Termination by Artifio

We may suspend or terminate your access for the reasons listed in §10 (Content moderation and enforcement). Termination procedure, right to appeal, and effect on Balance are described there.

8. Your content — your prompts, our outputs

8.1 Your prompts and uploads (Input Content)

• You retain all rights in your prompts and uploaded media.
• You represent that you have the right to submit the Input Content — that is, that you own it or have the necessary licenses, and that it doesn't infringe any third-party rights.
• You grant Artifio a limited, non-exclusive, worldwide, royalty-free license to use your Input Content solely for the purpose of operating the Service — to route it to the Model Provider you selected, to screen it through our moderation system, to display it back to you, and to store it per the retention schedule in the Privacy Policy.
• We do not use your Input Content to train our own AI models. Third-party Model Providers' handling of Input Content is governed by their own terms (see §13 and Privacy Policy §5).

8.2 Generated outputs (Output Content)

• To the maximum extent permitted by law and subject to the terms of the underlying Model Provider, you own the Output Content you generate through the Service.
• Some Model Providers reserve rights or impose restrictions on outputs generated using their models. You are responsible for complying with those restrictions. Examples:
  • Some providers restrict commercial use of outputs for free-tier users
  • Some providers prohibit outputs that closely imitate specific living artists' styles
  • Some providers require attribution for commercial use
• Artifio does not claim ownership of Output Content.
• AI outputs may not be copyrightable under current US law (US Copyright Office guidance, March 2023) unless they include a meaningful amount of human creative input. Your copyright position depends on how you used the tool.
• AI-generated content may not be unique — similar prompts may produce similar outputs for other users.

8.3 Feedback

Feedback and suggestions you provide become our property — perpetual, royalty-free, worldwide license to use without attribution. This clause is standard and important for a product team to iterate.

9. Acceptable use

9.1 Illegal content

You may not use Artifio to generate, request, upload, share, or transmit:

• Child sexual abuse material (CSAM) or any sexualized depictions of minors. Zero tolerance — reported immediately to NCMEC CyberTipline per 18 USC §2258A.
• Non-consensual intimate imagery (NCII) of any real person — including authentic and AI-generated or manipulated — subject to the TAKE IT DOWN Act (§11) and state laws.
• Content that violates applicable export-control laws, sanctions regimes, or other applicable law.
• Content soliciting or facilitating the commission of a crime.

9.2 Privacy and personal rights

You may not:

• Generate or distribute deepfakes or realistic depictions of real persons without their express consent.
• Create content that impersonates another person with intent to deceive.
• Use outputs to harass, stalk, bully, or threaten any individual.
• Extract, process, or distribute personal data of identifiable persons for any purpose other than what your relationship with that person clearly authorizes.

9.3 Intellectual property

You may not:

• Generate content that infringes copyright, trademark, or trade-secret rights of others.
• Prompt models to reproduce protected works verbatim (style-copying without verbatim reproduction is a gray area; use your judgment and comply with provider-specific restrictions).
• Use Artifio outputs in a way that falsely implies endorsement by a brand, celebrity, or organization.

9.4 Platform abuse

You may not:

• Reverse-engineer the Service, the underlying AI models, or Artifio's routing, moderation, or billing systems.
• Use automated scripts, bots, or other systems to abuse the Service, circumvent rate limits, or inflate Balance through any exploit.
• Share, sublicense, resell, or white-label access to the Service without our written consent.
• Interfere with or disrupt the Service, other users, or the underlying infrastructure.
• Attempt to circumvent content moderation systems (jailbreaks, prompt injection against moderators, etc.).
• Probe or test the Service for vulnerabilities without prior written authorization from security@artifio.ai.

9.5 Harmful content generation

You may not generate content that:

• Promotes violence, terrorism, extremism, or hate.
• Promotes self-harm or suicide.
• Creates fraud, spam, malware, phishing, or social-engineering content.
• Creates content primarily intended to deceive (misinformation targeting real people, forged documents, fake IDs, etc.).

9.6 EU AI Act Article 5 — Prohibited practices

Per EU AI Act Article 5 (in force February 2025), you may not use Artifio to:

• Generate or deploy AI systems using subliminal, manipulative, or deceptive techniques that impair informed decisions and cause significant harm.
• Exploit vulnerabilities of persons due to age, disability, or socioeconomic situation.
• Conduct social scoring of natural persons.
• Conduct biometric categorization to infer protected attributes (race, political opinion, trade-union membership, religion, sex life, sexual orientation).
• Create content for real-time remote biometric identification in publicly accessible spaces.

9.7 EU AI Act Article 50(4) — Deepfake disclosure duty

9.8 Provider-specific terms

Each Model Provider has its own acceptable-use policy. When you use a Model Provider's model through Artifio, you also agree to that provider's terms. Violations of provider terms may result in your content being blocked, your output being withheld, your Balance being charged without an output being delivered (where the block happens post-charge at the provider layer), and/or termination of your Artifio Account.

10. Content moderation and enforcement

10.1 Pre-generation screening

Every prompt and upload passes through automated moderation (OpenAI Moderation API plus internal rules) before being forwarded to a Model Provider. Prompts that our system flags as policy-violating are blocked without incurring a Model Provider cost. Blocks that occur post-forward (the Model Provider's own moderation) are outside our control.

10.2 Post-generation review

We may review stored Outputs for policy compliance using automated tools and, where necessary, human reviewers bound by confidentiality.

10.3 Enforcement actions

Depending on severity and history:

1. Warning (email or in-app)
2. Temporary suspension (1 – 30 days)
3. Permanent termination
4. Law enforcement referral (for illegal content, always)

10.4 Repeat infringers

We maintain a policy of terminating Accounts of users who repeatedly infringe intellectual-property rights (three valid DMCA notices within 12 months is the default trigger; we may terminate earlier for egregious conduct).

10.5 Appeal process

You may appeal any enforcement decision by emailing appeal@artifio.ai with:

• The specific decision being appealed
• The approximate date
• Your reason for the appeal
• Any supporting evidence

A human reviewer responds within 5 business days. DSA users (§12) have additional appeal rights described there.

10.6 Effect on Balance

• For termination due to Terms violations, any remaining Balance is forfeited. We are not obligated to refund.
• For termination due to fraud / chargebacks, any remaining Balance is forfeited.
• For termination by you for any reason, see §7.
• For termination by us for convenience (non-cause), we refund the unspent Balance to the original payment method, prorate any remaining Gold days, and give you 30 days to export your content.

11. Reporting illegal content (TAKE IT DOWN, NCII, DMCA)

11.1 Copyright (DMCA)

If you believe content on Artifio infringes your copyright:

• Send a DMCA notice to copyright@artifio.ai or to our designated agent registered with the US Copyright Office.
• Include all elements required by 17 USC §512(c)(3): identification of the copyrighted work, identification of the infringing material and URL, your contact information, good-faith statement, statement under penalty of perjury, physical or electronic signature.
• We remove content identified in a valid notice promptly.

Counter-notice. If your content was removed and you believe it was mistakenly identified, submit a counter-notice with the elements required by 17 USC §512(g).

Designated agent:

• Artifio.ai DMCA Agent, 539 W Commerce St, Ste 5263, Dallas, Texas 75208, USA
• copyright@artifio.ai
• Phone number to be added before launch (required by the Copyright Office directory).

11.2 TAKE IT DOWN Act (NCII removal)

Per Public Law 119-12, signed May 19, 2025, Artifio provides a notice-and-takedown mechanism for non-consensual intimate imagery (NCII), including authentic and AI-generated or manipulated imagery.

If your Artifio-generated content was subject to a TAKE IT DOWN request that you believe was fraudulent, you may appeal by emailing appeal@artifio.ai.

11.3 CSAM

Suspected child sexual abuse material is reported to the NCMEC CyberTipline per 18 USC §2258A. We do not investigate; we report and preserve evidence as required by law. Law enforcement is the appropriate channel for any suspected CSAM.

11.4 Other illegal content

• Threats, defamation, privacy invasions, harassment: abuse@artifio.ai
• Trade-secret or export-control concerns: legal@artifio.ai
• Any other illegal content: abuse@artifio.ai

12. DSA notice-and-action (EU users)

The Digital Services Act (Regulation (EU) 2022/2065) applies to Artifio as an intermediary service offering services to EU users.

12.1 Your right to submit a notice

Any EU user (or any person) may submit a notice identifying specific content they believe is illegal under EU or member-state law. The notice must include:

1. A statement of reasons why the content is illegal
2. A clear indication of the electronic location (URL) of the content
3. The notifier's name and email
4. A statement of good faith

12.2 Statement of reasons

Where we remove content or restrict access to it, we will provide the affected user a clear and specific statement of reasons (DSA Article 17), including: the facts and circumstances relied on, the specific ground of illegality or policy violation, and information about the appeal process.

12.3 Internal complaint handling

Affected users may lodge a complaint against our decision within 6 months of the decision being communicated to them, by emailing appeal@artifio.ai.

12.4 Out-of-court dispute settlement

EU users are entitled to select a certified out-of-court dispute settlement body for unresolved disputes (DSA Article 21). A list of certified bodies is maintained by the European Commission.

12.5 Trusted flaggers

We prioritize notices submitted by trusted flaggers certified under DSA Article 22. Trusted-flagger submissions receive expedited review.

13. Third-party AI providers

• Artifio is an aggregator. We route Generation requests to third-party Model Providers.
• Each Model Provider operates its own service under its own terms. Your use of a Model Provider's model is subject to that provider's acceptable-use and data-handling terms.
• Provider availability, pricing, capabilities, and policies may change without notice. We update our per-model pricing within a reasonable time of provider changes.
• We do not guarantee the continued availability of any specific model. We may substitute an equivalent model if a model becomes unavailable; you are never charged more than the price displayed at Generation time.
• A full current provider list and privacy-handling summary is maintained in the Privacy Policy §5.

14. Pricing, taxes, and changes

14.1 Pricing on the page at time of use controls

Per-Generation and Gold prices visible to you at the moment you click "Generate" or "Start Gold" are the prices you pay for that specific action.

14.2 Pricing changes

• Provider cost pass-throughs. The Model Provider cost portion of Generation prices can change when the Model Provider changes its pricing. We reflect such changes within a reasonable time; the displayed price at Generation time controls.
• Platform Fee changes (the 10% / 20% piece): 30 days' notice by email before any change takes effect, except decreases, which take effect immediately.
• Gold monthly price changes: 30 days' notice by email before the change takes effect. You may cancel before renewal if you don't want to pay the new price.

14.3 Taxes

• Prices are inclusive of any taxes where the processor automatically applies them at checkout (EU VAT for EU consumers, US sales tax in certain states, etc.), and exclusive elsewhere, in which case we add them at checkout.
• You are responsible for any tax your jurisdiction imposes on your use of the Service that we do not collect at checkout.

14.4 Currency

All prices are in US dollars (USD) unless your processor converts at checkout. Currency conversion rates are determined by your payment-method issuer.

15. Service availability and modifications

• We aim for high availability but do not guarantee uninterrupted access.
• We may modify, suspend, or discontinue any feature at any time, including specific AI models.
• We will provide reasonable advance notice of material removals when feasible (e.g., retiring a model).
• Planned maintenance will typically be announced in advance via in-app notice or email.
• We are not liable for downtime, model unavailability, or feature changes, subject to §17.

16. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY OR RELIABILITY OF OUTPUTS, CONTINUOUS AVAILABILITY OF ANY MODEL, AND QUIET ENJOYMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, SECURE, UNINTERRUPTED, OR THAT ANY SPECIFIC AI MODEL WILL REMAIN AVAILABLE. AI-GENERATED OUTPUTS MAY BE INACCURATE, BIASED, OR OFFENSIVE; REVIEW BEFORE USE.

NOTHING IN THIS SECTION LIMITS WARRANTIES OR RIGHTS THAT CANNOT BE DISCLAIMED UNDER APPLICABLE CONSUMER-PROTECTION LAW. FOR CONSUMERS IN JURISDICTIONS (SUCH AS THE EU / UK) WHERE STATUTORY WARRANTIES APPLY, THOSE STATUTORY WARRANTIES ARE NOT AFFECTED BY THIS SECTION.

17. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ARTIFIO AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES
• COST OF SUBSTITUTE SERVICES
• DAMAGES ARISING FROM AI-GENERATED CONTENT OR ITS USE
• DAMAGES ARISING FROM MODEL UNAVAILABILITY, CHANGES, OR THIRD-PARTY PROVIDER CONDUCT

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM YOUR USE OF THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) $100.

THIS LIMITATION APPLIES REGARDLESS OF THE THEORY OF LIABILITY. NOTHING IN THIS SECTION LIMITS LIABILITY THAT CANNOT BE EXCLUDED UNDER APPLICABLE CONSUMER-PROTECTION LAW (INCLUDING EU / UK CONSUMER RIGHTS, WHERE STATUTORY LIABILITY FOR DEATH, PERSONAL INJURY, AND FRAUD CANNOT BE CAPPED).

18. Indemnification

You agree to indemnify, defend, and hold harmless Artifio and its affiliates from any third-party claims, damages, losses, liabilities, and reasonable legal fees arising out of:

1. Your breach of §9 (Acceptable Use)
2. Your violation of third-party intellectual-property or privacy rights
3. Your violation of applicable Model Provider terms
4. Content you create, publish, or distribute using the Service
5. Your breach of any representation or warranty in these Terms

This indemnity does not apply to claims resulting from our own breach of these Terms or our own unlawful conduct. We control our own defense; you will cooperate and may participate with counsel of your choice at your expense. You will not settle any claim that imposes any obligation on us without our prior written consent.

19. Dispute resolution, arbitration, class waiver

19.1 Informal resolution first

Before any formal proceeding, email legal@artifio.ai with a description of your claim and your preferred outcome. We will respond within 30 days and work in good faith to resolve. Most disputes are resolvable this way.

19.2 Binding individual arbitration

If we can't resolve informally, any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.

• Arbitration location: Dallas County, Texas, or by video / telephone, or at another mutually-agreed location.
• Arbitration fees: allocated per AAA Consumer Rules (we typically pay the bulk).
• Arbitrator's decision is final and binding; judgment may be entered in any court of competent jurisdiction.

19.3 30-day opt-out window

19.4 Small claims carve-out

Either party may bring an individual action in small-claims court for disputes within the court's jurisdiction and monetary limit.

19.5 Injunctive relief carve-out

Either party may seek injunctive relief in court for intellectual-property infringement or unauthorized access to the Service, notwithstanding §19.2.

19.6 Class-action waiver

You and Artifio each waive any right to participate in a class action, class arbitration, or representative proceeding. Disputes are limited to individual actions. If a court of competent jurisdiction finds this waiver unenforceable in a particular case, the arbitration clause is severable from that case — the case proceeds in court, but arbitration remains in effect for all others.

19.7 Contractual limitations period

Any claim must be commenced within one year of the events giving rise to the claim, except where a longer period is required by applicable law (e.g., some state consumer-protection statutes). This is a contractual limitations period, not a waiver of statutory rights that cannot be shortened.

19.8 EU / UK exceptions

EU and UK consumers retain all statutory rights under applicable consumer-protection law — including rights under the GDPR, UK GDPR, and Directive 2011/83/EU — and may submit disputes to competent courts of their place of residence. Nothing in §19 waives the consumer's right to bring proceedings in the consumer's home jurisdiction or to benefit from mandatory consumer protections.

20. Governing law and venue

These Terms are governed by the laws of the State of Texas, USA, without regard to conflicts-of-law principles. For any matters not subject to arbitration, the state and federal courts located in Dallas County, Texas have exclusive jurisdiction, except as required by mandatory consumer law in your jurisdiction.

21. Changes to these Terms

• Material changes (new obligations on you, new fees, new data practices): 30 days' advance notice by email + in-app banner.
• Non-material changes: "Last modified" date updated, no individual notice.
• We maintain a changelog.
• Continued use after the effective date of a change constitutes acceptance. If you do not agree, stop using the Service and cancel Gold; Balance refunds apply per §6.

22. General provisions

• Entire agreement: these Terms + Privacy Policy + Cookie Policy.
• Severability: if any provision is held unenforceable, the rest remain in effect.
• No waiver: our failure to enforce any provision is not a waiver of future enforcement.
• Assignment: you may not assign without our written consent; we may assign freely in connection with a merger, acquisition, or sale of assets.
• Force majeure: neither party is liable for delays caused by natural disasters, war, terrorism, labor disputes, government actions, or third-party service-provider failures.
• Relationship: independent contractors; no agency, partnership, or joint venture.
• Notices to you: email to the address on your Account; in-app notification.
• Notices to us: legal@artifio.ai plus postal mail to 539 W Commerce St, Ste 5263, Dallas, TX 75208.
• No third-party beneficiaries except Artifio's affiliates for purposes of §17–18.
• English controls in case of translation conflict.

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By using Artifio.ai, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, the Privacy Policy, and the Cookie Policy.

Contact

• Artifio.ai
• legal@artifio.ai — general legal
• privacy@artifio.ai — privacy
• copyright@artifio.ai — DMCA
• abuse@artifio.ai — NCII / TAKE IT DOWN
• dsa@artifio.ai — EU DSA notices
• appeal@artifio.ai — moderation appeals
• billing@artifio.ai — billing questions
• security@artifio.ai — security incidents
• arbitration-optout@artifio.ai — 30-day arbitration opt-out intake
• 539 W Commerce St, Ste 5263, Dallas, Texas 75208, USA