These Terms of Service ("Terms") govern your access to and use of our services and websites ("Services"), including the AiArtex API. They constitute a legally binding and non-exclusive agreement between you and AiArtex. Prior to commencing your use of the Services, we strongly advise you to thoroughly review these Terms. Among other provisions, these Terms outline and regulate your legal relationship with AiArtex, the rights you confer to AiArtex regarding any submitted content, such as photographs, images, vectors, animations, films, videos, audiovisual works, or other media and creative works, along with associated keywords, metadata, and titles (collectively referred to as "Content"). Please note that AiArtex retains the discretion to reject any Content submitted, without being obliged to provide a specific reason. For a detailed understanding of how we collect and utilize your data, please refer to our Privacy Policy. Your utilization of our Services implies your acceptance and adherence to both these Terms and our Privacy Policy.

Your Content & Your Permissions

By submitting your Content to AiArtex, you grant AiArtex the authority to upload and/or license your Content to the following entities:

1. Online marketplaces for stock media, such as Shutterstock, Adobe Stock, Alamy, Dreamstime, Depositphotos, and Pond5, collectively referred to as "content marketplaces."
2. Ultimate Consumers, as defined in subsection (e) of "Your Content & Your Permissions" (e.g., individuals or other entities intending to use your Content) directly.

AiArtex maintains a list of these content marketplaces in the FAQ section of its website, which you can access here ("Marketplace List"). We are continually seeking to expand our network of content marketplaces. Therefore, when we establish a partnership with a new content marketplace, we will update the Marketplace List with the new marketplace's name at a convenient time for AiArtex. Please note that we will not notify you, either by email or other means, when we add a new marketplace to the Marketplace List. Thus, before submitting Content to AiArtex, it is advisable to check the Marketplace List.

By submitting Content to AiArtex, you acknowledge and agree that AiArtex may distribute your Content to one or more of the content marketplaces listed on the Marketplace List. Additionally, AiArtex may offer your Content directly to Ultimate Consumers for their use. You also understand and consent to AiArtex's submission of your previously submitted Content to any new content marketplaces subsequently added to the Marketplace List.

Furthermore, you agree to the following terms:

1. When you submit Content to AiArtex, you grant AiArtex and the content marketplaces a global, non-exclusive, sublicensable right and license to reproduce, print, distribute, adapt, create derivative works from, publicly perform and display (through all known or future media), sublicense, sell, advertise, and market any Content you upload and AiArtex accepts. This license remains in effect until terminated in accordance with this agreement. You also authorize AiArtex and the content marketplaces to add, modify, or remove information related to your Content for the purpose of managing and licensing it. This grant extends to AiArtex and the content marketplaces' non-exclusive rights to license and use your submitted Content, as well as to Ultimate Consumers for their use.
2. By submitting Content to exclusive agencies or marketplaces, you grant your chosen content marketplace a Co-Exclusivity right, meaning that you can only sell the Content directly to your own clients (non-distributors). The chosen content marketplace becomes the exclusive distributor of the Content outside of your direct sales, and you are not allowed to provide the Content to any third-party distributor.
3. You authorize AiArtex and the content marketplaces to use your name, display name, and Content for marketing and promotional activities without any compensation to you. AiArtex and the content marketplaces may exercise this right at their discretion, without incurring any liability to you.
4. AiArtex and the content marketplaces have the option (but not the obligation) to license all the Content you submit through their respective brands and platforms to their customers in perpetuity, in accordance with the License agreements entered into by AiArtex or the content marketplaces.
5. Upon registering with AiArtex, you receive a portfolio page ("Portfolio") where your Content is displayed ("Portfolio Content," included in the definition of Content). You understand and agree that AiArtex may offer, and you license AiArtex to offer, your Portfolio Content for licensing to various entities, including content marketplaces, stock agencies, studios, or end users such as individuals, companies, or brands (all collectively referred to as "Ultimate Consumers"). You also acknowledge that unless you hide your Portfolio from public view, it can be accessed by anyone on the internet, and a hyperlink to your Portfolio and its content can be shared by anyone. You grant AiArtex the authority to grant licenses to your Portfolio Content at a price and in a manner determined solely by AiArtex's discretion. The current version of the license granted by AiArtex for your Portfolio Content can be found here. If you do not agree with AiArtex's ability to license Portfolio Content as described here or in the linked license agreement, your sole options are to hide your Portfolio or unregister from AiArtex.
6. Upon registering with AiArtex and submitting Content, AiArtex may offer for sale reproductions of your Content in hard copy on cardstock, paper, or other materials (referred to as "Prints"). You acknowledge that AiArtex has full discretion to determine the size(s) of Prints to offer for sale, their advertised and final prices, including the possibility of offering price concessions or discounts.

Ownership Of Content

The copyrights for all Content remain with the respective copyright owner, as applicable, and nothing in these Terms shall be interpreted as a transfer of copyright to AiArtex, except for the licenses granted to AiArtex, the content marketplaces, Ultimate Consumers, and any of their respective sublicensees. However, by submitting Content to AiArtex, you expressly and irrevocably waive any and all "moral rights" and similar rights as provided by the United States Copyright Act or analogous laws in other jurisdictions to the fullest extent permitted by law. This waiver enables customers to use your Content in accordance with the Licenses issued by AiArtex or content marketplaces. In the event that such a waiver is not allowed, you commit not to assert any moral rights in Content against AiArtex, the content marketplaces, their respective customers, sublicensees, or Ultimate Consumers.

You always maintain your existing ownership rights in and to your Content.

Releases

Content marketplaces may require a release for certain Content. You agree to provide AiArtex with a valid and accurate model release for any and all Content you contribute to AiArtex that, in AiArtex's assessment, features an identifiable face, human figure, or other identifiable attributes, including, but not limited to, voice, appearance, or likeness. Additionally, you agree to provide valid and accurate property releases to AiArtex for all Content that necessitates such releases, with AiArtex making the sole determination on whether a release is required.

You acknowledge that you bear sole responsibility for preserving all original releases and maintaining complete and accurate records of these releases.

Submitting any falsified, inaccurate, or otherwise deficient release constitutes a significant violation of the Terms. You consent to AiArtex having full discretion in evaluating the validity and completeness of releases, and their compliance with the Terms outlined herein.

You further agree that AiArtex, or the content marketplaces, may provide copies of releases to customers when necessary. This action may be taken to address potential or actual legal actions, comply with relevant laws, regulations, union reporting requirements, or any other reasonable grounds as determined solely by AiArtex or the content marketplaces.

Accounts

You agree to provide accurate and complete information concerning your AiArtex account and Content. This information encompasses details such as the creation date, location, and equipment used in connection with the production of the Content.

AiArtex retains the right to decline the establishment of an account or to terminate any existing account. Grounds for such actions may include (or allegations of) fraud, intellectual property infringement, infringement of third-party rights, including privacy or publicity rights, submission of material that is of an obscene or violent nature, or that could be interpreted as defamatory. Accounts may also be closed for violations of the Terms of this agreement or any other agreement you have with AiArtex, or for AiArtex's convenience.

You have the option to request the removal of Content you previously uploaded to AiArtex. To make such a request, you must submit it in writing to the following email address: support <at@> aiartex.com. Upon receiving your request in accordance with this provision, AiArtex will have 90 days to remove all your Content hosted by content marketplaces, provided that you have uploaded no more than 100 items of Content. For each additional 100 items of Content, AiArtex will have an additional 30 days to remove all your Content. For example, if you have uploaded 350 items of Content to AiArtex, AiArtex will have 150 days to remove all your Content.

You may not submit identical or substantially similar Content to multiple accounts without obtaining prior written consent from AiArtex.

Content

AiArtex reserves the right to decline the acceptance of your Content without any specific reason or at its discretion.

AiArtex also maintains the right to remove your Content from its website or instruct content marketplaces to remove your Content from their websites, platforms, or marketplaces, without specifying a reason or at its sole discretion.

When you submit your Content to AiArtex, content marketplaces may refuse it without providing a specific reason or at their discretion. They may also remove your Content without specifying a reason or at their sole discretion. AiArtex is not obligated to investigate or ascertain the reasons behind a content marketplace's refusal or removal of your Content.

AiArtex may remove Content if it believes that such Content might expose AiArtex or any of its officers, managers, directors, or employees to legal action or if the Content violates the Terms.

Due to the uncertainty associated with Content generated, in whole or in part, by an artificial intelligence (AI) content generator or similar AI tool (AI-Generated Content), AiArtex has the authority to block, delete, or otherwise remove any AI-Generated Content for any reason or at its sole discretion, without prior notice or liability to you. You are required to indicate at the time of upload which Content is AI-Generated Content, including any Content containing aspects generated by AI.

Licenses issued by content marketplaces for Content that is subsequently removed from AiArtex or the content marketplaces' websites, platforms, or marketplaces will remain valid and in effect perpetually.

By submitting your Content to AiArtex, you agree not to upload the same or substantially similar Content directly to any content marketplace. You acknowledge and understand that doing so would constitute a breach of these Terms.

If you wish to submit Content to AiArtex that you have already uploaded directly to a content marketplace, you must first delete your Content from the content marketplace.

Termination

You are free to discontinue your use of our Services at any time. However, we require notice from you in order to remove your Content and inform the content marketplaces to do the same. Please send your notice to support <at@> aiartex.com with "Termination" in the subject line.

We retain the right to block, restrict, moderate, disable, suspend, or terminate your access to the Services at our sole discretion, without prior notice or liability to you. Grounds for suspension or termination may include, but are not limited to, (a) your violation of these Terms; (b) the potential risk of harm or loss to us or other users posed by your use of the Services; or (c) your failure to access our Services for 12 consecutive months.

If you request the termination of your account, we will finalize the termination no later than 120 days following our receipt of a written request from you. This time frame allows us to ensure that your Content is removed from all content marketplaces. It's important to clarify that your Content may still be available for licensing to the customers of content marketplaces or other Ultimate Consumers before your account termination becomes effective. Any licenses granted to your Content for Ultimate Consumers will continue to be valid and in effect, as we have no feasible means to retrieve such content from Ultimate Consumers.

Upon terminating your account with AiArtex, you acknowledge that we will collaborate with content marketplaces to remove your Content from their respective platforms. Subsequently, you may have the opportunity to establish a direct relationship with those content marketplaces.

After the termination of your account, either by you or AiArtex, we will have 90 days to remove all your Content hosted by content marketplaces, provided that you have uploaded no more than 100 items of Content to AiArtex. For each additional 100 items of Content, we will have an additional 30 days to remove all your Content. For instance, if you have uploaded 350 items of Content to AiArtex, we will have 150 days to remove all your Content.

However, it's important to note that certain content marketplaces, upon our request to remove content, may take up to six months or longer to execute such removal. In cases where Content removal may require six months or more, you agree that AiArtex will have up to one year to remove your Content.

Upon termination of your account, AiArtex will permanently delete your Content from our storage devices, servers, or cloud-based storage, if applicable. This excludes Content contained in regularly-scheduled archival backups, which will be deleted when such backups are removed.

Deletion Of Your Content

Throughout our association, we may maintain copies of your Content. However, please note that AiArtex is not a content or data storage provider, and we do not bear the responsibility for storing copies of your Content. You acknowledge that you will not hold us accountable if, for any reason, your Content is deleted by AiArtex. Additionally, you understand that the sole responsibility for ensuring the backup and secure storage of your Content lies with you, in a separate location or in a secure manner.

Compensation

When you register for our Services, you grant AiArtex certain rights, including, but not limited to, the right to distribute, upload, print, provide, and license your Content to various content marketplaces and Ultimate Consumers. You also allow content marketplaces to license your Content to their customers. When someone downloads your Content from AiArtex or a content marketplace, the person downloading your Content (referred to as the "marketplace consumer") pays an amount determined by AiArtex or the specific content marketplace. For each download of your Content for which AiArtex receives payment from a content marketplace (the "Royalty"), you agree that AiArtex will pay you 85% of the Royalty while retaining 15% of the Royalty.

Royalty payments to you will be issued on a monthly basis for downloads that occurred in the previous month. These payments are automated and do not require any specific request as long as you have provided AiArtex with valid and current payment information. Currently, AiArtex supports payments through Paypal, Payoneer, and Skrill, with the possibility of adding more payment processors in the future.

There is a minimum payout threshold for each accounting period, which is either (i) thirty U.S. Dollars (USD 30.00); or (ii) a minimum payout amount chosen by you, as long as it is not less than thirty U.S. Dollars (USD 30.00) (referred to as the "Payout Minimums"). If, during an accounting period, you do not reach the Payout Minimums, your earnings will be carried over to the next accounting period. If you cancel your account before your accrued royalties reach the applicable Payout Minimum, you forfeit those royalties.

In the event of a breach of the Terms leading to the termination of your account, in addition to any other legal or equitable rights AiArtex may have, AiArtex has the right to retain any Royalties owed to you as liquidated damages.

If, for any reason, a content marketplace issues a refund to a marketplace consumer related to your Content, and as a result, the content marketplace imposes penalties or deductions on AiArtex, AiArtex may recoup previously paid Royalties to you by deducting them from your account.

Should AiArtex make an overpayment of Royalties or other compensation to you for any reason, AiArtex reserves the right to deduct the excess amount from your accrued Royalties or demand immediate repayment of the overpaid Royalties or compensation.

If you receive payments through an online payment processing service (e.g., PayPal, etc.), you may not share your online payment processing service account with another AiArtex contributor. Furthermore, you agree that AiArtex's obligation to make payments to you will be fulfilled by making payments to the payment processing service designated by you.

If a person or entity purchases a license to your Portfolio Content through your Portfolio, AiArtex will pay you a royalty equal to 70% of the total payment amount received by AiArtex, while AiArtex will retain 30% of the royalty.

If a person or entity purchases a Print of your Content, AiArtex will pay you an amount equal to 70% of the total amount received by AiArtex from the purchaser, with AiArtex retaining 30% of the total amount. This total payment amount excludes any fees related to shipping, processing, or taxes associated with the sale. For example, if the listed amount for the Print is five dollars ($5.00 USD), you will receive three dollars and fifty cents ($3.50 USD), with AiArtex retaining one dollar and fifty cents ($1.50 USD).

If you choose to include your Content in the Extra Channels Program, as defined below, your compensation will be subject to the compensation terms of the Extra Channels Program.

Extra Channels Program

When you submit a piece of Content to AiArtex, you will have the option to indicate whether you want the Content to be considered for participation in the "Extra Channels" program. The Extra Channels program enables AiArtex to determine how to monetize your Content, including but not limited to licensing it through stock agencies, print-on-demand platforms, and API integration. By selecting to include your Content in the Extra Channels program, you agree to its participation ("Extra Channels Participating Content"). You also have the choice to exclude your Content from this program.

If you opt to include your Content in the Extra Channels program, your Extra Channels Participating Content will also be eligible for "Direct-to-Business Licensing." This means that AiArtex will offer your Extra Channels Participating Content for licensing to various entities, including brands, creative agencies, and studios (referred to as "Interested Business Licensees"). AiArtex may grant Interested Business Licensees a license for your Content at a price and under terms determined solely by AiArtex's discretion. You consent to the fact that if AiArtex licenses your Extra Channels Participating Content, whether through Direct-to-Business Licensing or any other method, AiArtex will compensate you with a royalty rate ranging from no less than 15% to no more than 50% of the total payment amount received by AiArtex. Additionally, you acknowledge that AiArtex may retain the remaining portion of the total payment amount it receives for licensing your Extra Channels Participating Content, with the caveat that AiArtex will never retain more than 50% of the total payment amount.

Referral Program

If you refer other content contributors to AiArtex, you can participate in AiArtex's referral program. To refer someone under AiArtex's referral program, you should send them a link (referred to as the "Referral Link") that can be found on the dashboard page of your account. Once the Referral Link is sent to your referral's email address, they need to sign up by clicking the Referral Link and providing the required information. After your referral successfully registers with AiArtex, you will receive a payment equal to ten percent (10%) of the Royalties earned by your referral and paid to them (the "Referral Payment"). AiArtex will make Referral Payments to you for one year starting from the date your referral successfully signs up with AiArtex, after which Referral Payments will cease.

It's important to note that if you cancel your account, you forfeit all Referral Payments, and we will discontinue Referral Payments immediately. Additionally, if your account is terminated due to a breach of the Terms, in addition to any other legal or equitable rights AiArtex may have, AiArtex has the right to retain any Referral Payments owed to you as liquidated damages.

In the event that AiArtex needs to recoup Royalties paid to your Referral (referred to as the "Recouped Royalty"), AiArtex reserves the right to recover from you any Referral Payments previously issued to you that are associated with the Recouped Royalties.

Premium Plans

Users who subscribe to AiArtex Premium enjoy certain privileges. Although these privileges may evolve over time, they may encompass expedited content review and processing, additional submission options, and increased storage capacity. The following terms govern your AiArtex Premium membership, and they complement the terms outlined in this agreement:

Premium Membership:

1.      Your AiArtex Premium membership ("Membership") will continue and automatically renew unless terminated.

2.      You must furnish one or more Payment Methods. A "Payment Method" refers to a currently valid and accepted payment method, subject to updates as needed, which may include payment through your account with a third party.

3.      To avoid billing for the upcoming billing cycle, you must cancel your Membership before it renews.

4.      You can opt for AiArtex Premium on either a month-to-month or annual basis. If you choose the month-to-month option, your Payment Method will be billed monthly. If you select the annual option, your Payment Method will be billed annually.

5.      AiArtex Premium may come with specific terms and restrictions, which will be disclosed during your sign-up process or in other available communications. You can access precise details about your Membership by logging into AiArtex.io, navigating to your account, and selecting the "Account" link at the top of the page.

6.      Periodically, AiArtex may extend promotional offers for AiArtex Premium. Eligibility for these offers is determined solely by AiArtex, and AiArtex reserves the right to revoke any promotional offer and place your account on hold if you are found ineligible. Eligibility criteria, as well as other limitations and conditions, will be outlined during the sign-up process for the promotional offer or in other communications.

7.      AiArtex retains the right to modify AiArtex Premium, including adjustments to pricing or any associated components, at its sole discretion and at any time. Unless expressly stated otherwise in this agreement, any changes in pricing or to your Membership will be implemented after providing you with notice.

Billing and Cancellation:

The cost for AiArtex Premium (referred to as the "Subscription Fee") and any additional charges associated with your usage of AiArtex's service, such as taxes or transaction fees, will be debited by AiArtex from your designated Payment Method on the specified date as indicated on your "Account" page.

The Subscription Fee is considered earned upon payment.

In certain situations, your payment date may change, for instance, if you modify your Payment Method or if your Payment Method fails to process successfully.

To make use of your Membership, you must provide one or more Payment Methods. You grant AiArtex permission to charge any Payment Method linked to your account.

You are responsible for any unpaid amounts.

If a payment is unsuccessful due to reasons such as an expired Payment Method or insufficient funds, and you do not cancel your Membership, AiArtex may suspend your access to AiArtex Premium until a valid Payment Method has been successfully charged.

Please note that certain Payment Methods may subject you to fees imposed by the issuer, such as foreign transaction fees or other charges related to Payment Method processing.

You can update your Payment Method by visiting your "Account" page. AiArtex may also update your Payment Method using information provided by a payment service provider. Should your Payment Method(s) be updated, you authorize AiArtex to continue charging the updated Payment Method(s).

You have the option to cancel your Membership at any time by accessing your "Account" page and following the provided instructions. If you cancel your Membership, you will still retain access to your Membership until the conclusion of your current billing cycle, after which access to your Membership will be discontinued.

Refunds and Credits:

Payments made for AiArtex Premium are nonrefundable. AiArtex will not issue a credit or refund for any portion of a membership period that has been partially used.

If you decide to cancel your Membership, you will retain access to AiArtex Premium until the end of your current billing period.

Nevertheless, AiArtex retains the right to offer a refund, discount, or other form of compensation (referred to as "Credit") to you or any other member, at its discretion and without any obligation. The decision to grant such Credit, including the amount and nature of the Credit, is solely within the discretion of AiArtex.

Providing Credit in one instance does not establish an entitlement to receive Credit in the future, nor does it create any obligation on the part of AiArtex to provide such Credit in the future.

Membership Limitations:

If you subscribe to AiArtex Premium, it is intended solely for your personal, non-commercial use, and you are not permitted to share your Membership access with others.

Your access to AiArtex Premium is primarily intended for use within the country where your account is registered and only in regions where AiArtex offers AiArtex Premium.

The maximum number of devices allowed to access your Membership simultaneously can be found on your "Account" page.

You agree to use your AiArtex Premium subscription in compliance with all relevant laws, regulations, and usage restrictions applicable to the service.

AiArtex reserves the right to terminate or restrict your AiArtex Premium access if you violate these Terms of Service or engage in unlawful or fraudulent use of AiArtex's services.

Account Access:

The individual who created your account and whose Payment Method is charged (referred to as the "Account Owner") bears responsibility for all activity conducted through your account. To maintain control of your account and prevent unauthorized access to your Membership, it is crucial to safeguard your AiArtex-ready devices that are used to access your Membership and refrain from disclosing your password to others.

You are accountable for ensuring the accuracy of the information pertaining to your account and keeping it up to date.

AiArtex reserves the right to suspend your account or place it on hold if there are concerns about identity theft or fraudulent activities, either for your protection, AiArtex's, or the protection of third parties. AiArtex is not obligated to provide you with credits, refunds, or discounts for such account holds.

In the event that your AiArtex-ready device is sold, lost, or stolen, please take appropriate measures to deactivate your AiArtex-ready device.