- Artie Services Overview. The “Artie Services” is a technology platform that allows you to manage, monitor and automate your data integration pipelines through use of one or more Artie Connectors (SaaS or On-Prem) or OS Connectors along with related services. The “Artie Connectors” are those source connectors and destination connectors listed on our website located at artie.com (the “Site”), as well as any custom connectors we may agree to build for you, all of which are and shall be licensed to you pursuant to either the Elv2 License Addendum (attached if applicable), or the terms and conditions of this Agreement. In addition, you may be able to use third party connectors that are available from the open source community (“OS Connectors”), which may be subject to the terms of a third party open source license or other terms and conditions governing their use. You are always free to use the Artie OS Connectors on without use of additional Artie Services. Additional descriptions concerning the functionality of the Artie Services are available at the Site.
- General Eligibility Requirements.
- Permission to Use the Service.
- Fees and Payment.
- Billing Subscription; Automatic Renewal. If you are on a billing subscription plan, your subscription is subject to auto-renewal on the same terms and subscription length set forth in the Order Form unless and until you cancel your subscription or Artie terminates it. Your Payment Method will be charged automatically upon the next renewal of your subscription all applicable fees for the next subscription period. You must cancel your subscription before the end of each subscription period in order to avoid billing of the next periodic subscription fees to your Payment Method. Artie will bill the periodic subscription fee to the Payment Method you provide to Artie during registration (or to a different Payment Method if you change your account information).
- Free Trials; Discounts. Artie may make available trials (for duration indicated from time to time by Artie) for access to the Artie Services without charge to you (each a “Free Trial”). Moreover, from time to time, Artie may offer you discounts or other credits based on campaigns Artie may run from time to time (e.g., customer referral credits, discounts on annual renewals, etc.) (each a “Promotion”). You will be required to create an Account for the Artie Services in order to register for a Free Trial or Promotion. If you wish to continue using the Artie Services at the end of the Free Trial, you will be required to enter a payment method which will be charged in accordance with Sections 4 and 5. If you cancel your Account, any rights to any Promotion shall automatically terminate.
- Prohibited Conduct. By using the Site or the Artie Services, you agree not to:
- Linked Sites and Community-Developed Services. The Artie Services may include links to other websites or services (“Linked Sites”) solely as a convenience to you and other users (e.g., links to websites where you may select OS Connectors, third-party websites where your data is stored, etc.). The Artie Services may provide tools that enable the importation and/or exportation of your information to Linked Sites. By using these tools, you agree that Artie may transfer such information to the applicable Linked Sites. Linked Sites are not under our control, Artie is not responsible for their use of your imported or exported information. Furthermore, the Artie Services may require you to download and/or install certain third party components in order to access and use certain features within the Artie Services, including OS Connectors and other open source, third-party or community-developed features, components, or services (collectively, “Community-Developed Connectors/Services”). Customer acknowledges that Artie does not review and is not responsible for the Community-Developed Connectors/Services, including without limitation the security of the Community-Developed Connectors/Services or the fitness of Community-Developed Connectors/Services for any purpose, and your use of any Community-Developed Connectors/Services or Linked Sites may be subject to additional third party terms and conditions. Artie makes no express or implied warranties with regard to the Community-Developed Connectors/Services, or any information, materials, products, or services that are contained on or accessible through Linked Sites. ACCESS AND USE OF COMMUNITY-DEVELOPED CONNECTORS/SERVICES AND LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON COMMUNITY-DEVELOPED CONNECTORS/SERVICES OR LINKED SITES OR AVAILABLE THROUGH COMMUNITY-DEVELOPED CONNECTORS/SERVICES OR LINKED SITES, IS SOLELY AT YOUR OWN RISK.
- Termination.
- Feedback; OS Contributions. If you provide any comments, suggestions or other feedback to Artie regarding the Artie Services (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize Artie to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to Artie a nonexclusive, royalty-free, fully-paid, perpetual, irrevocable, transferable, and fully sublicensable right to use and otherwise freely exercise and exploit the Feedback in any manner and for any purpose. Any modifications, changes, and enhancements you make to any of the Artie Connectors shall be licensed to Artie pursuant to the terms of the ELv2 license, if applicable.
- Customer Data.
- Modification of this Agreement. Artie may update the terms and conditions of this Agreement (which may include changes pricing and plans) from time to time with prior notice to Customer in accordance with notice provisions in Section 19. The updated version of this Agreement will be available at https://artie.com/docs/legal/terms-of-service. Following such notice, your continued use of the Artie Services on or after the date the updated version of this Agreement is effective and binding, as indicated at the top of this Agreement, constitutes your acceptance of the updated version of this Agreement. If you do not agree to the updated version of this Agreement, this Agreement will be terminated immediately, and if you are using a paid version of the Artie Services, you may elect to receive a pro-rata refund of any prepaid fees applicable to Artie Services not yet received. The updated version of this Agreement supersedes all prior versions. No waiver will be implied from conduct or failure to enforce or exercise rights under this Agreement. Waivers must be made in writing and executed by an authorized representative of the waiving party.
- Ownership; Proprietary Rights. The Artie Service is owned and operated by Artie. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Artie Services (the “Materials”) provided by Artie (through use and access of the Artie Services or otherwise) are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in Artie Services are the property of Artie or the corresponding third-party licensors (for clarification, all Artie Connectors are owned by Artie and licensed in accordance with the ELv2 license unless otherwise specified in an Order Form). Artie reserves all rights to the Materials (other than the OS Connectors or other Materials licensed to you pursuant to separate third party terms and conditions) not granted expressly in this Agreement.
- Indemnity.
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- Warranty Disclaimers.
- Limitation of Liability.
- Governing Law; Forum. This Agreement shall be governed by the laws of the State of California without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder (and not deemed subject to arbitration pursuant to Section 19), you and Artie agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco, California for the purpose of litigating all disputes.
- Dispute Resolution US and Canadian Residents. If there is a dispute, our user support team is happy to try to resolve the issue. If that does not work and your principal place of business is in the United States or Canada, your options in the case of a dispute arising out of or related to this Agreement are to (a) go to small claims court (if applicable) or (b) bring a claim in binding arbitration as described in this Section 18; you may not bring that claim in another court or participate in a non-individual class action claim against Artie. This Dispute Resolution section applies only if Customer that have a principal place of business in the United States or Canada or, if the Customer is an individual, if you live in the United States of Canada. For all other Customers, Section 20 hereof shall apply in lieu of this Section 18.
- General.