Terms of Use

Last updated April 29, 2026

We are Artisan AI, Inc. ("Company," "Artisan," "we," "us," "our").

We provide an AI-powered sales automation platform, including AI-driven outbound sales development representative ("SDR") agents (collectively, "Artisan Agents"). We also operate the website https://artisan.co (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

You can contact us by email at hello@artisan.co or by mail to 2261 Market Street STE 62890, San Francisco, CA 94114, United States.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you" or "Customer"), and Artisan AI, Inc., concerning your access to and use of the Services (each a “Party” and collectively the “Parties”). IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We reserve the right to make changes to these Legal Terms from time to time. We will alert you about any changes that, in Artisan’s judgment, will materially change your rights and obligations, by updating the “Last updated” date of these Legal Terms and giving you written or electronic notice by e-mail or upon your next login to the Services. It is your responsibility to periodically review these Legal Terms to stay informed of updates. If you give us prompt written notice of objection to any update, the Parties will negotiate the updated terms in good faith, or at our discretion, allow early termination of the Services without penalty. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after becoming aware of the changes.

The Services are intended for users who are at least 18 years old.

Our Services
User Registration and Company Authorization
User Representations and Warranties
Prohibited Activities
Purchases and Payment
Term and Termination
Right to Suspend Account
Intellectual Property Rights
Confidentiality
Publicity
Privacy Policy, Data Use, and Processing Activities
User Data
Electronic Communications, Transactions, and Signatures
Third-Party Websites and Services
Services Management and Modifications
AI Output; Hold Harmless
Disclaimer
Limitations of Liability
Indemnification
Governing Law
Dispute Resolution
Miscellaneous
Contact Us

1. OUR SERVICES

Our Services, including use of the Website, are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws.

The Services are not tailored to comply with industry-specific regulations, including HIPAA, GLBA, or FISMA, and Artisan makes no warranty as to processing Customer Data in compliance with those laws unless set forth in a separate data agreement prior to transfer of personal information.

2. USER REGISTRATION AND COMPANY AUTHORIZATION

Customer may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password.

You may authorize contractors or employees to be authorized users, provided that such authorized users are bound by these Legal Terms and the terms of the Order Form, and that Customer is responsible for all acts and omissions of such authorized users. Customer shall not knowingly authorize any competitor of Artisan to be an authorized user. Customer represents that it has not registered or accessed the Services primarily for investigating, monitoring, or generating evidence for use against Artisan regarding the Services’ functionality. Customer shall notify Artisan promptly upon becoming aware of any unauthorized access of the Services.

Customer appoints Artisan as its authorized representative for limited technical purposes, with authority only to submit registrations, applications, filings, certifications, and attestations to any governmental authority or third-party platform solely to the extent necessary to set up, operate, or maintain the Services on Customer's behalf ("Authorized Actions"). This authorization does not permit Artisan to bind Customer to any financial obligation beyond amounts payable under this Agreement, or to take any action outside the scope reasonably necessary to provide the Services. Customer represents that it has full legal authority to grant this authorization. Artisan may present this provision to any third party as evidence of its authority, and Customer shall execute any additional documentation reasonably requested within five (5) business days of Artisan’s written request, including a Letter of Authorization.

3. USER REPRESENTATIONS AND WARRANTIES

By using the Services, you represent and warrant that:

all registration information you submit will be true, accurate, current, and complete;
you will maintain the accuracy of such registration information;
you have the legal capacity and agree to comply with these Legal Terms;
you are not a minor in the jurisdiction in which you reside;
you will not access the Services through unauthorized automated or non-human means, other than by means allowed in the Services’ documentation or as directed by our representatives;
you will not use the Services for any illegal or unauthorized purpose;
you have established and will maintain a valid lawful basis for each use of personal data in connection with the Services, including collection, sharing, and use of Customer Data and all outbound communications to any individual whose contact information is supplied by you or made available through the Services. You are solely responsible for determining the appropriate lawful basis for each such communication and for complying with all applicable legal requirements, including without limitation CCPA, GDPR, or any other state or national data privacy laws. Artisan does not assume any obligation to assess contact data against Customer’s specific use case or compliance requirements;
you will not upload any sensitive information or special categories of data (as defined under GDPR Article 9 or equivalent applicable law) to Artisan for processing in connection with the Services;
your use of the Services will comply with all applicable laws or regulations relevant to outbound communications, including without limitation TCPA, CAN-SPAM Act, CASL, EU ePrivacy Directive, EU AI Act, and applicable state mini-TCPA statutes;
your use of the Services will comply with the relevant terms and conditions of any Third-Party Services you connect, and you will maintain appropriate rights, permissions, and accounts in good standing with those Third-Party Services (as defined below). Customer acknowledges that Artisan has no responsibility or liability for any Third-Party Service or how it uses or processes Customer Data after submission;
if you use the Services to make AI-generated calls or to record calls, you will (i) obtain express consent from each party before initiating such calls and/or recording each call, (ii) as necessary, disclose at the outset of each call that AI is being used and/or that the call is being recorded, and (iii) honor all opt-out requests within legally required timeframes;
you will not use the Services to contact individuals listed on the National Do Not Call Registry or applicable state DNC lists, without a valid exemption or prior express invitation or permission; and
you will disclose in your privacy policy your use of third-party tracking technology (including the storing and accessing of cookies) to collect data about website visitors as described in this Agreement, including how, and for what purposes, the data collected will be used and who it will be shared with. You will be solely responsible for obtaining the necessary consents and approvals from your visitors under all applicable laws.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services.

Notwithstanding the foregoing, the Parties will reasonably cooperate to assist each other with compliance with applicable privacy and other laws.

4. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors that compete with our Services.

As a user of the Services, you agree not to:

Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission.
Copy, adapt, reproduce, create derivative works from, decipher, decompile, disassemble, or reverse engineer any software, algorithms, AI models, APIs, or other proprietary technology underlying the Services, except as expressly permitted by applicable law.
Use the Services as part of any effort to compete with us, or use the Services for benchmarking, auditing, or evaluating the Services on behalf of a third party without our prior written consent.
Distribute, sell, or license information or contact data made available through the Services to third parties
Delete the copyright or other proprietary rights notice from any Content.
Circumvent, disable, or otherwise interfere with security-related features of the Services.
Engage in unauthorized automated use of the system, such as using data mining, robots, or similar data gathering and extraction tools.
Use the Services in any way that is likely to interfere with, disrupt, or create an undue burden on the Services, including uploading viruses, Trojan horses, or other malware.
Make improper use of our support services or submit false reports of abuse or misconduct.
Attempt to impersonate another user or person.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information.
Harass, abuse, or harm any person using any information obtained from the Services.
Make false or misleading statements intended to damage our reputation and/or that of the Services.
Make any unauthorized use of the Services, including collecting email addresses of users for unsolicited email, or creating user accounts by automated means or under false pretenses.
Use the Services to send commercial electronic messages in violation of the CAN-SPAM Act, ePrivacy Directive, CASL, or Spam Act 2003, including failure to include a functioning opt-out mechanism or physical postal address.
Use the Services to initiate automated calls with AI-generated content or send SMS/MMS messages without obtaining the required consent under TCPA, applicable FCC regulations, and applicable state telephone solicitation laws.
Use the Services to send commercial messages or initiate calls to individuals located in the European Union, European Economic Area, United Kingdom, or Switzerland without first providing all notices required under applicable data protection law, including disclosure of the source from which the data subject's personal data was obtained where not collected directly from them.

In the case of any prohibited activities, we reserve the right to suspend or terminate any account at our sole discretion without notice.

5. PURCHASES AND PAYMENT

If we have agreed in the Order Form to issue invoices in advance or in arrears for Services, we will issue invoices on a regular basis. Otherwise, you will provide current, complete, and accurate payment information and authorize us to charge your chosen payment provider upon placing your order. If your order is subject to recurring charges, you consent to recurring charges without requiring prior approval for each charge, until you cancel.

You will pay each invoice within 30 days of receipt, or any terms agreed in the Order Form. Sales tax will be added as deemed required. All payments shall be in US dollars. If Customer disputes any invoice, Customer must contact Artisan no later than ten (10) days after receipt, otherwise the invoice is deemed final and payable. The Parties shall cooperate in good faith to resolve any dispute.

If Customer fails to pay any amount due for more than thirty (30) days, Artisan may accelerate Customer’s unpaid fee obligations to become immediately due and payable. Interest will accrue at the lesser of (a) 1.5% per month or (b) the highest rate permissible under applicable law. Customer shall be liable for Artisan’s costs of collection, including reasonable attorney’s fees.

6. TERM AND TERMINATION

The Term of Services shall be as stated in any Service Order. Any Term of Services will automatically renew for additional successive terms of the same period as the Initial Term unless earlier terminated pursuant to this Agreement or either Party gives the other party written notice of non-renewal at least 30 days prior to the expiration of the then-current term. Artisan may adjust the Fees for the next Renewal Term upon notice at least 45 days prior.

A Term of Services may be terminated: (a) by either Party if the other has materially breached this Agreement, within thirty (30) calendar days after written notice of such breach (if the breach is remediable) or immediately upon notice (if the breach is not remediable); or (b) by either Party if the other Party experiences a bankruptcy, insolvency event, liquidation, or dissolution. No Term shall be terminable for convenience except as allowed under the Order Form.

All purchases are non-refundable and non-cancellable for convenience except as expressly stated in any Order Form. You must abide by the cancellation terms specified within your Order Form. If you are unsatisfied with our Services, please email us at hello@artisan.co. Upon any expiration or termination, Customer shall (i) immediately cease use of the Service, and (ii) each Party shall return all Confidential Information provided for use of the Services. Any termination or expiration shall not relieve Customer of its obligation to pay all Fees accruing prior to termination.

The following provisions will survive termination of this Agreement: Sections 3 (User Representations and Warranties), 6 (Term and Termination), 8 (Intellectual Property Rights), 9 (Confidentiality), 12 (User Data), 14 (Third-Party Websites and Services), 16 (AI Output; Hold Harmless), 17 (Disclaimer), 18 (Limitations of Liability), 19 (Indemnification), 20 (Governing Law), 21 (Dispute Resolution), and 22 (Miscellaneous).

7. RIGHT TO SUSPEND ACCOUNT

Artisan may suspend Customer’s access to or use of the Service immediately if Artisan reasonably believes Customer’s use of the Service: (a) poses a security risk or is unreasonably adversely impacting the Service, or (b) poses a material risk of regulatory enforcement action, class action litigation, or carrier-level blocking. Artisan may also suspend Customer’s access to the Service immediately if Customer becomes insolvent or the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding.

Artisan may suspend Customer’s access to or use of the Service (x) following thirty (30) days written notice if Customer is in breach of this Agreement or any Service Order (and has not cured such breach within the thirty (30) days of such notice); or (y) upon ten (10) days prior written notice if Customer has failed to pay any amounts due under this Agreement.

If Customer subsequently cures the applicable breach or pays all outstanding amounts, Artisan will reinstate Customer's access within five (5) business days of written confirmation of cure or payment.

8. INTELLECTUAL PROPERTY RIGHTS

Our and Your Intellectual Property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, trained AI models, documentation, training sets, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Customer is and will be the sole and exclusive owner of the Customer Data (as defined below) and of any deliverables developed by Artisan for the Customer in connection with Services provided under these Terms and the Order Form (the "Output").

Customer owns and is solely responsible for Customer Data including: (a) compliance with all applicable laws; (b) any claims relating to Customer Data; and (c) any claims that Customer Data infringes the rights of any third party. "Customer Data" shall mean data, information, or other material provided, uploaded, or submitted by Customer to Artisan in the course of using the Service.

Use of Intellectual Property

We grant to you a limited, non-exclusive, non-transferable, non-assignable and non-sublicensable license for Customer's authorized users to access and use the Services provided by Artisan solely as necessary for the purposes of this Agreement.

Artisan shall maintain and monitor reasonable administrative, technical, and physical safeguards to protect Customer Data and its confidentiality, integrity, and availability. Subject to applicable laws and regulations and the Artisan Privacy Policy, Artisan may use and transfer Customer Data as necessary to provide the Service to Customer. Artisan shall not use Customer Data to train, modify, or improve any AI model other than the AI model used to provide the Services under this Agreement, unless in anonymized or aggregated form that cannot be re-identified. Any AI model trained specifically on Customer Data shall be exclusive to Customer and never used with another entity without Customer's written approval.

"Usage Data" shall mean diagnostic, performance, telemetry, and related data collected in connection with Customer’s use of the Service, provided that such data is in aggregated, de-identified, or fully anonymized form. Artisan may use Usage Data for improvements and enhancements to the Service, developing algorithms, and benchmarking.

No part of Artisan’s Content, Marks, Customer Data, or Output may be copied, reproduced, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose other than performing the Services under this Agreement, without the other party’s express prior written permission.

Customer Submissions and Contributions

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. This assignment does not apply to any proprietary or confidential information or Personal Information unless otherwise agreed in writing.

You understand that Customer Data and Submissions may be viewable by our subcontractors and vendors. These subcontractors and vendors shall be bound by provisions at least as restrictive as these Legal Terms, including governing confidentiality and data use. Artisan makes its list of current subprocessors available to all EU and UK Customers. Other Customers may request a copy at any time by contacting hello@artisan.co.

Notify Us of Copyright Infringement

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately contact us at hello@artisan.co.

9. CONFIDENTIALITY

Either party may provide the other party with confidential and/or proprietary materials and information ("Confidential Information"). All materials and information identified at the time of disclosure as "Confidential" or that the receiving party reasonably should have known was Confidential Information shall be considered Confidential Information.

These Legal Terms and the purchase terms of any Order Form, including all pricing terms, constitute Confidential Information. The receiving party shall maintain the confidentiality of the Confidential Information and will not disclose such information to any third party without the prior written consent of the disclosing party. The receiving party will only use the Confidential Information internally for the purposes contemplated hereunder.

The obligations in this Section shall not apply to any information that: (a) is made generally available to the public without breach of these Legal Terms, (b) can be reasonably shown to have been developed by the receiving party independently, (c) is disclosed to the receiving party by a third party without restriction, or (d) was in the receiving party’s lawful possession prior to the disclosure.

The receiving party may disclose Confidential Information as required by law or court order; provided that, the receiving party provides the disclosing party with prompt written notice and uses its best efforts to limit disclosure. Upon the disclosing party’s written request, the receiving party shall delete or return all Confidential Information in its possession.

The confidentiality obligations herein shall survive termination or expiration of this Agreement for three (3) years, except for trade secrets, which shall survive as long as such information remains a trade secret under applicable law.

10. PUBLICITY

Artisan may identify Customer as a customer of Artisan, and may use Customer's name, logo, and marks in Artisan's website and marketing materials, solely upon Customer's prior written approval for each such use.

Customer may also, at its sole discretion and upon mutual written agreement, participate in publicity activities such as case studies, customer quotes, or joint press releases. All such uses shall be subject to Customer's reasonable approval rights and shall not disclose any Customer Confidential Information.

Customer may revoke any approval upon thirty (30) days written notice to Artisan, upon which Artisan will stop any continued use of Customer’s marks or publicity materials.

11. PRIVACY POLICY, DATA USE, AND PROCESSING ACTIVITIES

We care about data privacy and security. Please review our Privacy Policy: https://artisan.co/privacy-policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.

To the extent Artisan processes Personal Data (as defined in the Data Processing Addendum) on behalf of Customer in connection with the Services, such processing shall be governed by Artisan’s Data Processing Addendum, available at https://www.artisan.co/dpa (the "DPA"), which is incorporated into these Legal Terms. By accepting this Agreement, you enter into the DPA on your behalf. In the event of a conflict between the DPA and any other provision of this Agreement with respect to the processing of Personal Data, the DPA shall control.

Customer is solely responsible for determining the lawful basis for all uses of personal data in connection with the Services, including all outbound communications, regardless of whether contact data was supplied by Customer or made available through the Services. Artisan acts solely as a technology platform and does not authorize, direct, or initiate any outbound communication on Customer’s behalf. Where the Services make available contact data sourced from third-party providers, Artisan uses commercially reasonable efforts to obtain such data from reputable sources and to maintain appropriate contractual safeguards with such providers, but does not independently verify the consent status or contact preferences of any individual and makes no representation or warranty regarding the same. Customer shall indemnify and hold harmless Artisan from any claims, fines, or liabilities arising from Customer’s outbound communications or use of data made available through the Services, including any claim that a recipient did not provide valid consent, except to the extent a claim directly results from Artisan’s material breach of its data processing obligations under the DPA.

The Services are hosted in the United States. If you access the Services from any other region with different data protection laws, then through your continued use of the Services, you are transferring your data to the United States pursuant to the DPA. Please notify us if you transfer data to the United States from another jurisdiction, especially the European Union, so that we may establish proper data transfer protocols.

Artisan’s use and transfer of information received from Google APIs to any other app will adhere to the Google API Services User Data Policy, including the Limited Use requirements.

For Customers subject to the GDPR (Regulation (EU) 2016/679), Artisan is a Data Processor acting on Customer’s instructions. Customer is the Data Controller responsible for identifying a valid legal basis for all personal data processing in connection with the Services. The basis of legitimate interests does not relieve Customer of the obligation to conduct a Legitimate Interests Assessment and to provide compliant notices under GDPR Articles 13 and 14.

For Customers using the Services in connection with outbound electronic communications directed to recipients in the EU/UK, Customer is responsible for compliance with the applicable national implementation of the ePrivacy Directive (2002/58/EC) ("PECR" in the UK), which may require prior opt-in consent for commercial electronic messages to individuals regardless of GDPR legal basis.

12. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. Except for any proven breach of your Customer Data under our control or any other violation of our Privacy Policy, we shall have no liability for any loss or corruption of data.

Artisan will retain Customer Data only for as long as necessary to provide the Services and as required by applicable law. Upon termination of the applicable Subscription Term, Artisan will, upon Customer’s written request, delete or return Customer Data within thirty (30) days, subject to Artisan’s right to retain archival copies as required by law or for compliance purposes, unless otherwise specified by the DPA.

13. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.

14. THIRD-PARTY WEBSITES AND SERVICES

The Services may contain links to other websites ("Third-Party Websites") as well as content belonging to or originating from third parties ("Third-Party Content"). We are not responsible or liable for any Third-Party Websites or Third-Party Content, unless we have explicitly given written guarantees as to the Services or Third-Party Content, such as in a separate service level agreement. In such a case, any remedies are solely limited to those provided in the guarantee.

The Services may interact with or operate in connection with third-party platforms, services, or integrations ("Third-Party Services"). Artisan does not control and is not responsible for the terms of service, acceptable use policies, or other requirements imposed by any Third-Party Service. Customer is solely responsible for ensuring that its use of the Services complies with all applicable terms of such Third-Party Services. Artisan shall have no liability for any account action, service disruption, or other consequence imposed by a Third-Party Service in connection with Customer’s use of the Services. Customer shall indemnify and hold harmless Artisan from any claims, losses, or liabilities arising from any alleged violation of a Third-Party Service’s terms in connection with Customer’s use of the Services.

15. SERVICE MANAGEMENT AND MODIFICATIONS

We reserve the right to monitor the Services for violations of these Legal Terms and manage the Services in a manner designed to protect our rights and to facilitate the proper functioning of the Services.

Performance. The Service, when used by Customer in accordance with this Agreement and the applicable manuals and tutorials ("Documentation"), will perform in all material respects as described in the Documentation during the Term, in accordance with prevailing industry standards and applicable law.

Modifications. Artisan reserves the right to modify, update, or discontinue the Services or any feature thereof at any time, provided that Artisan will use reasonable efforts to provide Customer with prior written notice of any material modification. Artisan will not be liable for any modification, price change, suspension, or discontinuance of the Services except as expressly provided in a separate service level agreement.

Availability. Artisan does not guarantee uninterrupted availability of the Services unless expressly committed in a separate service level agreement. In the event of any interruption or material non-conformance, Customer's sole and exclusive remedy shall be prompt correction by Artisan, or such remedies as are provided in any applicable service level agreement.

Emergency Actions. In emergency situations where prior notice is not reasonably practicable due to an imminent and material risk to the security, integrity, or availability of the Services, Artisan may take temporary protective actions, including temporary suspension of access, without prior notice. Artisan will notify Customer as soon as reasonably practicable thereafter and work with Customer in good faith to restore normal access and functionality.

16. AI OUTPUT; HOLD HARMLESS

Artisan agents are programmed to conduct sales-related activities and communicate with individuals on your behalf. While we strive to provide accurate and appropriate responses, we cannot guarantee the accuracy, reliability, or completeness of the information provided by Artisan agents in outbound emails, messages, or voice calls. Artisan agents may produce inaccurate, incomplete, or otherwise undesirable outputs. Our platform does not have the ability to form independent beliefs, thoughts, or opinions.

By using Artisan, you acknowledge and agree that:

We are not liable for any statements, representations, or claims made by Artisan agents.
Any information provided by Artisan agents should be independently verified for accuracy.
Language or expressions used by Artisan agents are generated based on machine learning models and do not reflect the views or opinions of Artisan.
It is your responsibility to review and approve the content generated by Artisan agents before it is sent to any recipient, where technically feasible.
You are solely responsible for the consequences of Artisan agents’ communications and any actions taken as a result of those communications.
If you enable, or fail to disable, the autopilot feature, you will be responsible for all communications sent by Artisan agents.

While you are responsible for reviewing and approving content generated by Artisan agents, we shall use commercially reasonable efforts to monitor and maintain the performance and safety of the Services, and to correct known issues that result in materially false, harmful, or misleading outputs.

17. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES.

ARTISAN MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICES, ARTISAN AGENTS, OR ANY OUTBOUND COMMUNICATIONS GENERATED THEREBY COMPLY WITH ANY APPLICABLE TELEMARKETING, ANTI-SPAM, DATA PRIVACY, OR ELECTRONIC COMMUNICATIONS LAWS, INCLUDING WITHOUT LIMITATION THE TCPA, CAN-SPAM ACT, CASL, GDPR, CCPA/CPRA, OR ANY STATE MINI-TCPA STATUTE. CUSTOMER ASSUMES SOLE RESPONSIBILITY FOR COMPLIANCE WITH ALL SUCH LAWS.

18. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, BUSINESS INTERRUPTION, COST OF REPLACEMENT SERVICES, REPUTATIONAL LOSS, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, EXCEPT FOR BREACHES OF SECTION 9 (CONFIDENTIALITY) OR SECTION 19 (INDEMNIFICATION), WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE TWELVE (12) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION THAT HAS ARISEN OR $10,000.00 USD. OUR TOTAL LIABILITY WITH RESPECT TO A BREACH OF SECTION 9 OR SECTION 19 SHALL NOT EXCEED TWO MILLION USD ($2,000,000).

CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

19. INDEMNIFICATION

Each Party ("Indemnifying Party") shall indemnify, defend, and hold harmless the other Party and its subsidiaries, affiliates, and all their respective officers, directors, employees, and agents (collectively, "Indemnified Parties") from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) the Indemnifying Party’s material breach of its representations or warranties in this Agreement; (b) the Indemnifying Party’s breach of applicable laws, including but not limited to those governing outbound communications or data privacy; (c) the Indemnifying Party’s infringement of a third party’s intellectual property rights or a data breach; or (d) any acts of gross negligence or wilful misconduct. Without limiting the foregoing, Customer acknowledges that its use of the Services involves compliance obligations that rest solely with Customer, and Customer's indemnification obligations hereunder expressly include third-party claims arising from Customer's exercise of those obligations as further described in Sections 3 and 16.

Notwithstanding the foregoing, Artisan shall have no obligation to indemnify or reimburse Customer with respect to any infringement claim arising directly from: (i) Customer Data or materials provided by the Customer; (ii) modifications to the Services not made or authorized by Artisan; or (iii) use of the Services in material breach of this Agreement or contrary to Artisan’s documented instructions. Artisan shall have no obligation to indemnify or reimburse Customer with respect to any data breach Claim arising from (i) Customer’s own handling or use of personal data, (ii) instructions or specifications furnished by Customer that directly cause a data breach, or (iii) any act or omission by the Customer which contributes to or causes such data breach.

The Indemnified Party must notify the Indemnifying Party of a potential claim within thirty (30) days after receipt. The Indemnified Party shall allow the Indemnifying Party to assume full control of the defense of the claim, including retaining counsel of its choosing. The Indemnifying Party shall have no obligation to indemnify or reimburse for any sums paid by any Indemnified Party voluntarily, and without the Indemnifying Party’s prior written consent, to settle a claim.

20. GOVERNING LAW

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles.

21. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us, the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") for enterprise customers, and the AAA’s Supplementary Procedures for Consumer Related Disputes for individual users and visitors. Both are available at https://www.adr.org. The arbitration will take place in San Francisco County, California, except where otherwise required by the applicable AAA rules or applicable law.

If for any reason a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in California. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.

Any Dispute must be brought within one (1) year of when the claim arose, unless applicable law requires a longer period.

Class Action Waiver

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity.

Exceptions

The Parties agree that the following Disputes are not subject to the above provisions: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any intellectual property rights; (b) any Dispute arising from allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.

22. MISCELLANEOUS

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services.

Customer may not assign this Agreement without Artisan's prior written consent. Artisan may assign this Agreement without Customer's consent in connection with a merger, acquisition, or sale of all or substantially all of Artisan's assets, provided that Artisan gives Customer reasonable prior written notice and the assignee agrees to be bound by this Agreement. Any purported assignment in violation of this Section is void.

These Legal Terms operate to the fullest extent permissible by law. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions.

Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

These Legal Terms, together with the Privacy Policy (https://artisan.co/privacy-policy), the Data Processing Addendum (https://artisan.co/dpa), and any applicable Order Form, constitute the entire Agreement between the Parties with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.

23. CONTACT US

In order to resolve a complaint regarding the Services, for any legal notice, or to receive further information regarding use of the Services, please contact us at:

Artisan AI, Inc.

2261 Market Street STE 62890

San Francisco, CA 94114

United States

hello@artisan.co

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