Updated: February 26, 2024

This Terms of Service Agreement ("Agreement") is a legally binding contract between Artiko Studio, and you, the user, acting as an individual or on behalf of an entity ("User"). This agreement governs your access to and use of Artiko Studio's website located at https://www.artiko.studio/ ("Website"), along with any related media, mobile website, or mobile application connected to it. Non-compliance with these terms, conditions, and obligations will restrict your access to the Website, compelling you to cease its use immediately. Upon such discontinuation, any existing relationship between User and Artiko Studio will be terminated, excluding any ongoing obligations of the User to compensate Artiko Studio for services already provided.

1. Intellectual Property Rights:

The Website, including its code, databases, functions, designs, audio, video, texts, photos, and graphics (collectively, "Content"), and all trademarks, service marks, and logos contained therein ("Marks"), are the exclusive property of Artiko Studio, protected under copyright, trademark, and applicable international intellectual property laws. The Content and Marks are offered on an "As-Is" basis for your personal and informational use only. Unauthorized commercial exploitation of any part of the Website or Content without Artiko Studio's explicit written consent is strictly prohibited. All rights in the Website, Content, and Marks are reserved by Artiko Studio.

2. Material Ownership

Despite Artiko Studio's rights to Submissions as outlined in Section 4 ("User Feedback"), all design work and original source files created for the User ("Projects") are the User's property. Should any legal mechanism inadvertently assign ownership of a Project to Artiko Studio instead of the User, Artiko Studio will permanently and unconditionally transfer its interest in the Project back to the User. The User guarantees that all materials provided to Artiko Studio for inclusion in a Project are owned by the User and do not infringe on any third party's rights. Artiko Studio retains the right to publicly share the User's design work unless otherwise agreed upon, as mentioned in Section 18.

3. Third-Party Fonts

If a Project uses fonts not owned by Artiko Studio and requires a commercial license for legal use, Artiko Studio will notify the User in writing. The notification will detail the Third-Party Fonts used and direct the User to the appropriate rights-holder(s) for license acquisition. The User is responsible for any legal consequences of not securing the necessary licenses for Third-Party Fonts.

4. User Representations

By accessing the Website, the User confirms that they have the legal capacity to agree to and abide by this Agreement; they are of legal age in their jurisdiction; they will not automate Website access; they will use the Website legally and not infringe any laws or regulations.

5. Prohibited Activities

The User agrees to use the Website solely for its intended purpose and not engage in unauthorized commercial activities, data harvesting, security bypass, unauthorized linking, deception, or any activities that compete with or harm Artiko Studio.

6. User Feedback

Any feedback or submissions by the User become the sole property of Artiko Studio, with Artiko Studio free to use them without restriction, acknowledgment, or compensation. The User waives any claims against Artiko Studio for using their feedback.

7. Oversight and Management

Artiko Studio reserves the right to monitor the Website for violations and take legal action or restrict access as deemed necessary, at its sole discretion, to protect its rights and property.

8. Privacy Policy

Use of the Website implies agreement to Artiko Studio's Privacy Policy. The Website is hosted in the USA, and data transfer to the USA is consented to by the User. Artiko Studio complies with the Children's Online Privacy Protection Act for users under 18.

\9. Returns and Refunds

Artiko Studio may refuse refunds at its discretion. Materials produced by Artiko Studio remain its property if a refund is requested within the first month of use.

10. Modifications

Artiko Studio may modify the Website or these Terms at any time without notice or liability.

11. Service Interruptions

Artiko Studio is not liable for any disruptions to Website access or service interruptions beyond its control.

12. Governing Law

This Agreement is governed by Maryland law, excluding its conflict of law principles.

13. Litigation

Legal actions must be brought in Maryland courts, with the parties consenting to jurisdiction and waiving any defenses against venue and jurisdiction.

14. Disclaimer

Artiko Studio provides the Website "as-is" and disclaims all warranties. Artiko Studio is not liable for any damages arising from Website use.

15. Liability Limitations and Indemnification

The User indemnifies Artiko Studio against any claims arising from Website use. Artiko Studio is not liable for any indirect damages.

16. User Data

The User is responsible for their data and waives any claims against Artiko Studio for data loss or corruption.

17. Electronic Communications and Signatures

The User consents to receive electronic communications from Artiko Studio and agrees that all digital transactions, agreements, notices, and records meet legal requirements. Electronic signatures and records are accepted, and any statutory rights for non-electronic documents or signatures are waived.

18. Showcasing Design Work

Artiko Studio reserves the right to display design work created for the User on digital platforms, unless a non-disclosure agreement (NDA) specifies otherwise. Should an NDA be in place, it will override Artiko Studio's right to publicly share or discuss the User's project.

19. Referrals

Referral tracking and compensation are managed through Artiko Studio's third-party partner, Rewardful.com, ensuring transparent and efficient referral rewards.

20. Miscellaneous

These Terms of Use, along with any Website policies, constitute the full agreement between the User and Artiko Studio. Artiko Studio's failure to enforce any rights or provisions here does not waive those rights. If any part of these Terms is found to be invalid or unenforceable, it will be removed without affecting the remainder. These Terms do not create any partnership, employment, or agency relationship between the User and Artiko Studio.

Contact Information

For any inquiries or concerns regarding the Website, the User can reach out to Artiko Studio at rafael@artiko.studio, ensuring open lines of communication for support and feedback.

By accessing and using the Website, the User acknowledges their understanding and agreement to these revised Terms and Conditions, committing to comply with all stipulated guidelines and regulations.