End-User License Agreement

This End-User License Agreement is a legally binding agreement between you ("you", "User" or "Licensee") and Arttaca Technologies Limited ("Arttaca", "we", "us" or "our"), a limited liability company incorporated in Hong Kong with registered office at 1602, Eastern Commercial Centre, 397 Hennessy Road, Wan Chai, Hong Kong.

By creating an account, accessing, downloading, installing or using the Arttaca platform, website, applications or any related software or services (collectively, the "Software" or "Services"), you agree to be bound by this EULA, the Terms of Service and the Privacy Policy. If you do not agree, do not access or use the Software.

If you are accepting this EULA on behalf of an organisation, you represent that you have authority to bind that organisation, and "you" includes that organisation.

Subject to your compliance with this EULA and the Terms of Service (including payment of applicable fees), Arttaca grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Software solely for your internal business or personal purposes in accordance with the plan you have subscribed to and the documentation provided by Arttaca.

This licence is for use of the Software as a service. You do not acquire any ownership rights in the Software or any related intellectual property.

You shall not, and shall not permit any third party to:

• (a)copy, modify, adapt, translate, reverse engineer, decompile, disassemble or create derivative works based on the Software, except to the extent expressly permitted by applicable law;
• (b)rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make the Software available to any third party except as expressly allowed under your subscription plan;
• (c)use the Software to provide service bureau, time-sharing or similar services to third parties;
• (d)remove, alter or obscure any proprietary notices on the Software;
• (e)circumvent, disable or otherwise interfere with security-related features or usage limits;
• (f)use the Software for any unlawful purpose or in violation of the Terms of Service (including prohibitions on fake provenance, unlicensed works, etc.);
• (g)access the Software by any means other than the interfaces provided by Arttaca.

The Software, including all software, code, designs, text, graphics, interfaces, trademarks (including "Arttaca"), logos, and documentation, and all intellectual property rights therein, are and remain the exclusive property of Arttaca and its licensors. No rights are granted to you other than the limited licence expressly set out in this EULA.

You retain all ownership rights in the content you upload (artwork images, data, provenance information, client records, etc.). Your grant of licence to Arttaca to use such content is governed by the Terms of Service.

Your use of the Software and any content you submit is also subject to the Acceptable Use provisions and content ownership rules in the Terms of Service. You are solely responsible for the accuracy, legality and rights in any content you upload.

Access to certain features of the Software requires a paid subscription. Subscription terms, fees, commissions, cancellation and refund rules are set out in the Terms of Service and the Refund Policy. Failure to pay applicable fees may result in suspension or termination of your licence and access.

Arttaca may provide updates, upgrades, patches or new versions of the Software from time to time. Such updates may be automatic. We may also modify or discontinue features. Continued use after an update constitutes acceptance of the updated Software under this EULA.

This EULA remains in effect while you have a valid right to access the Software under the Terms of Service. Arttaca may suspend or terminate your licence and access immediately if you breach this EULA or the Terms of Service, if required by law, or for security or operational reasons.

Upon termination, your licence ends and you must cease all use of the Software. Provisions that by their nature should survive (ownership, restrictions, disclaimers, limitation of liability, indemnification, governing law) will survive termination.

THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE OR FREE OF HARMFUL COMPONENTS.

Arttaca does not warrant that the Software will meet your requirements or that any data or results obtained will be accurate or reliable. You assume all risk arising from use of the Software.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ARTTACA AND ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO THIS EULA OR THE SOFTWARE.

ARTTACA'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS EULA OR THE SOFTWARE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO ARTTACA FOR THE SOFTWARE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) HKD 2,000.

You agree to indemnify, defend and hold harmless Arttaca and its officers, employees and agents from and against any claims, damages, losses and expenses (including reasonable legal fees) arising out of or related to your use of the Software, your content, your breach of this EULA or the Terms of Service, or any claim that your content infringes the rights of a third party.

This EULA is governed by the laws of the Hong Kong Special Administrative Region. The courts of Hong Kong shall have exclusive jurisdiction over any dispute arising out of or in connection with this EULA, provided that Arttaca may seek injunctive or other equitable relief in any jurisdiction to protect its intellectual property or confidential information.

Entire Agreement. This EULA, together with the Terms of Service and Privacy Policy, constitutes the entire agreement between you and Arttaca regarding the Software and supersedes prior agreements on the same subject matter.

Severability. If any provision is held invalid or unenforceable, the remaining provisions continue in full force and effect.

Waiver. No failure or delay by Arttaca in exercising any right shall constitute a waiver of that right.

Assignment. You may not assign this EULA without our prior written consent. We may assign this EULA without restriction.

Language. The English version of this EULA prevails over any translation.

If you have questions about this EULA, please contact:

Arttaca Technologies Limited
1602, Eastern Commercial Centre, 397 Hennessy Road, Wan Chai, Hong Kong
Email: [email protected]
Website: https://arttaca.com