These Terms of Service ("Terms") govern your access to and use of the platform services provided by Artrela, Inc. ("Artrela"). By accessing or using our platform services, you agree to be bound by these Terms, forming a legally binding agreement between you and Artrela. Our platform services are offered on the condition that you accept these Terms without modification, including any future amendments and any procedures that may be published or made available to you through the platform services from time to time.
If you are using the platform services on behalf of an organization, such as your employer or the company you represent, you confirm that you have the legal authority to bind that organization to these Terms. In this case, references to "you," "your," or similar terms refer to that organization.
If you register for a free trial of the platform services, these Terms—including the provisions applicable to the trial period—will also govern your use during the trial.
IF YOU REGISTER FOR THE PLATFORM SERVICES USING YOUR EMPLOYER'S OR AN ENTITY'S EMAIL ADDRESS, YOU ARE CONSIDERED AN AUTHORIZED REPRESENTATIVE OR AGENT OF THAT EMPLOYER OR ENTITY.
PLEASE READ THESE TERMS CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE PLATFORM SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS.
IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE PLATFORM SERVICES.
Artrela reserves the right to change, modify, add, or remove any part of these Terms at any time, at its sole discretion. Such changes become effective immediately upon being posted on or through the Platform or platform services. By continuing to use the platform services after any modifications, you agree to be bound by the updated Terms. If you do not agree with the new Terms, you must stop using the platform services.
Subject to these Terms and the payment of applicable Subscription Fees, Artrela grants you and your Team Members a non-exclusive, non-transferable, non-sublicensable license to use the platform services to:
Artrela may use Third-Party Services to perform any portion of the platform services.
Artrela may, at any time and without prior notice, modify the platform services, the Platform, or any part thereof, including but not limited to:
Your continued use of the platform services after any modifications indicates acceptance of those changes. Artrela is not liable to you or any third party for any modification, suspension, or discontinuance of the platform services or any part thereof.
Your use of the platform services is expressly conditioned upon your acceptance of these Terms without any modifications. Any modifications, counter-offers, or additional terms proposed by you are expressly rejected unless agreed to in writing by an authorized representative of Artrela.
You are responsible for maintaining the confidentiality of all Credentials and for all activities that occur under those Credentials. Artrela reserves the right to terminate the Credentials of any Account Owner, Team Member, Account Manager, or Subscriber if it determines, in its sole discretion, that they have been used by an unauthorized third party or in an unauthorized manner. You are also responsible for ensuring that Subscribers maintain the confidentiality of their Credentials and for all activities that occur under those Credentials.
If you wish to upgrade or downgrade your current Plan, please contact Artrela directly to make the necessary changes.
You control who is designated as Account Managers for your Account and may, depending on your Plan, assign one or more Team Members as Account Managers. Artrela is entitled to rely solely on communications from an Account Manager when servicing your Account. Account Managers have full ability to access, monitor, use, and export any Account Content or data associated with the Account.
You understand and agree that Artrela may require you to provide information to confirm your identity and help ensure the security of your Account and Team Members. If you lose access to an Account or request information about an Account, Artrela reserves the right to request any verification it deems necessary before restoring access or providing information.
Artrela will provide technical support for native Platform features and any Applications, striving to offer same-day responses. Any custom coding, modifications, or integrations you implement are done at your own discretion and risk. Artrela does not provide assistance or support for custom coding efforts and is not responsible for any issues that may arise from such customizations. If Artrela is responsible for providing support to your Subscribers related to the platform services or Platform, it will handle all technical support issues per the terms agreed upon with you regarding such Subscriber support.
Please note that Artrela regularly updates and enhances the Platform to improve performance, security, and features. These updates may impact custom coding you have implemented. Artrela is not liable for any disruptions, conflicts, or issues that may occur due to Platform updates affecting your custom coding. It is your responsibility to ensure that any custom coding is compatible with the latest version of the Platform. Any necessary adjustments or technical support required to accommodate Platform updates must be carried out independently by you.
As a new Account Owner, you may be entitled to a Trial Period of the platform services only upon acceptance of these Terms without modification. Upon expiration of the Trial Period, and to continue using the platform services under a Plan, you can contact Artrela or proceed through the Project website.
For certain Plans, Artrela will develop and provide Applications that align with your Platform. To develop these Applications, you must first provide all information and guidance requested by Artrela, including design, marketing, and content assets.
Additionally, Artrela or third parties may make available third-party non-Artrela Applications as part of the platform services. If you choose to use a non-Artrela Application, the terms and conditions regarding its use are between you and the provider of that Application. Any data exchange between you and such third-party provider is solely between you and the provider. Any questions, concerns, or disputes arising from your use of non-Artrela Applications should be addressed with the provider and not with Artrela. Artrela does not warrant or support non-Artrela Applications, whether or not they are designated by Artrela as "certified" or otherwise. Artrela is not responsible for any disclosure, modification, or deletion of Account Content resulting from access by such non-Artrela Application or its provider.
Integration with Non-Artrela Applications: The platform services may contain features designed to interoperate with non-Artrela Applications. However, Artrela cannot guarantee the continued availability of such features and may cease providing them without notice and without entitling you to any refund, credit, or other compensation if, for example, the provider of a non-Artrela Application ceases to make it available for interoperation in a manner acceptable to Artrela.
All videos for on-demand and live streaming are delivered by third-party CDNs and video streaming services. Artrela is not liable for any encoding or streaming issues related to these third-party CDNs, whether in video encoding or delivery for live streaming and on-demand services.
Artrela will:
Artrela will use commercially reasonable efforts to maintain administrative, physical, and technical safeguards to protect the security, confidentiality, and integrity of your Account Content. These safeguards may include measures to prevent unauthorized access, use, modification, or disclosure. Additionally, Artrela will only access, use, modify, or disclose Account Content:
For any migrations to the Platform, Artrela is not liable for any errors, modifications, loss of data, loss of revenue, canceled Subscribers, or loss of potential Subscribers during or after the migration. By engaging the Platform for migration services, you assume all associated risks and agree not to hold Artrela liable in any form or fashion related to it.
You and your Team Members may use the Platform Services only within the scope, means, and purposes identified in these Terms and applicable law. Neither you nor any Team Member may:
Except as otherwise provided in these Terms, you or any Team Member may not, without Artrela's prior express written consent:
You, your Team Members, and agents represent, warrant, and agree that, with respect to the Platform Services:
On the public site of your Platform, you are required to clearly display your contact information (including telephone numbers, email addresses, etc.) to allow Subscribers to contact you for refunds, account issues, or other inquiries. If you fail to properly display contact information or fail to enable Subscribers to directly contact you, Artrela reserves the right to suspend your Account as outlined in Section 13.4 (Suspension).
Additionally, Artrela will include Artrela branding on certain properties of your Platform, such as websites or applications. This may include a linked badge with "Powered by Artrela," a "Secured by Artrela" badge, or similar wording. Some Account Owners, as determined by Artrela, may be allowed to remove some of this branding, depending on the service package purchased.
You must comply with all applicable laws, including but not limited to the U.S. Digital Millennium Copyright Act and the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003. Artrela reserves the right to suspend the Platform Services for violations of any laws or to remove any Account Content from the Platform upon receipt of a compliant takedown notice, including any judicial orders or notices.
You shall not disclose any confidential information about Artrela, the Platform Services, the Platform, or its business—other than information that is publicly available—to any third party or use such information for your own or any third party's purposes.
Any over-the-top applications ("OTT apps") in an App Marketplace utilized by you related to the Platform Services will have been created and originated by Artrela. Any fees associated with such creation by Artrela will be as set forth in a Service Agreement. Artrela owns all rights related to such OTT apps and does not guarantee that any OTT app will be accepted in any App Marketplace.
For any OTT app you utilize related to the Platform Services, you must provide at least 30 days' written or email notice before any such OTT app is deleted or removed from the relevant App Marketplace.
You are required to maintain an active, appropriate developer account associated with any OTT app throughout the term. Artrela is not liable for geo-blocking accuracy and content restrictions set by you.
Regarding Account Content, you affirm, represent, and warrant that:
You are solely responsible for your own Account Content and the consequences of posting or publishing it on or through the Services. If you upload Account Content to the Services, such content and any processing of it must comply with these Terms and applicable law. All rights, title, and interest in and to the Account Content belong to you or the respective owners (including Users, individuals, and organizations), whether posted and/or uploaded by you or made available on or through the Services. By uploading Account Content to the Services, you authorize Artrela to process, access, and use the Account Content. You are responsible for ensuring that:
Artrela does not guarantee the accuracy of any information contained in any Account Content and recommends that you carefully consider what you transmit, submit, or post to or through the Services. You understand that all information contained in Account Content is your sole responsibility and/or that of the person from whom such content originated. This means that you agree that you, and not Artrela, are entirely responsible for all Account Content that you upload, post, transmit, or otherwise make available through the Services, as well as for any remedial actions taken by Artrela or other Account Owners as a result of such Account Content.
Furthermore, Artrela has no obligation to back up any Account Content on the Platform, and any such backup is your sole responsibility.
You agree not to use the Services in any way to process:
Artrela is not obligated to pre-screen, monitor, or filter any Account Content or its processing by you to determine if it contains Sensitive Information or is unlawful. However, if Artrela, in its sole discretion, believes that you are processing any unlawful or inappropriate Account Content or Sensitive Information, or that the action of processing it is unlawful, Artrela has the right to:
If you present convincing evidence that the Account Content is not unlawful, inappropriate, or does not contain Sensitive Information, Artrela may, at its sole discretion, restore such Account Content that was previously removed from the Services.
No Sensitive Information: You acknowledge that the Services have not been designed to contain, process, or manage Sensitive Information. Accordingly, you agree not to use the Services to collect, manage, post, or process Sensitive Information. Artrela will not have, and specifically disclaims, any liability that may result from your use of the Services to collect, process, post, or manage Sensitive Information.
Artrela may use Account Content in an aggregated or anonymized format for research, educational, and other similar purposes. You expressly grant Artrela the right to use and analyze aggregate system activity data associated with your use of the Services for the purposes of optimizing, improving, or enhancing the way the Services operate, and to create new features and functionality in connection with the Services at Artrela's sole discretion.
Artrela may disclose Account Content or your confidential information if required by law or judicial action. In such instances, Artrela will use commercially reasonable efforts to provide you with prior notice of the compelled disclosure (to the extent legally permitted), and you shall provide assistance, at your cost, if you wish to contest the disclosure. If Artrela is compelled by law to disclose Account Content or your confidential information as part of a civil proceeding to which Artrela is a party, and you are not contesting the disclosure, you will reimburse Artrela for its reasonable cost of compiling and providing secure access to that Account Content or confidential information.
Except when accessed via a Free Trial, use of the Services is subject to Fees as determined by the parties. Different Fees apply to different Plans. Artrela reserves the right to modify the Fees for any Plan at its reasonable discretion at any time after the commencement of the Plan Term, provided that any such modification will not take effect until the expiration or termination of the then-current Plan Term.
You may choose not to renew your Plan Term at any time as outlined herein; however, you must do so at least 30 days prior to the Renewal Date to avoid being billed for the next Plan Term's Fees. Unless a Plan has been terminated, canceled, or not renewed in accordance with these Terms or a Service Agreement, you authorize Artrela to automatically charge you the then-current Fees on or after the Renewal Date for a renewed Plan Term.
EXCEPT AS OTHERWISE SET FORTH HEREIN, ALL FEES ARE NON-REFUNDABLE.
For clarity, there are no refunds or credits for periods where you did not use an activated Account, used it only partially, deactivated the Account, or terminated these Terms during an ongoing payment interval, or where an Account is terminated or suspended by Artrela in accordance with Section 13. Additionally, if an OTT app is not published at all or in a timely manner within an App Marketplace, there are no refunds or credits associated with this.
All Fees are exclusive of all taxes, levies, or duties applicable under any applicable law, unless otherwise stated. You are solely responsible for the payment of such taxes, levies, or duties.
In the event you do not pay all Fees due within seven (7) days of the invoice or due date, Artrela shall have the right to suspend and/or terminate all access to your Account. Upon any such suspension or termination due to non-payment, you will then have ninety (90) days to provide an authorized payment method to reactivate a Plan and an Account; otherwise, Artrela has the right to permanently delete the Account, including all Account Content therein.
Artrela may seek pre-authorization of your payment card account or online payment system prior to the purchase of Services to verify that they are valid and have the necessary funds or credit available to cover any purchase. You agree to approve any such card pre-authorization and to pay any amounts for a Plan described on the Website or set forth in a Service Agreement, and authorize Artrela to charge all Fees to such card account or appropriate online payment system. You agree to provide Artrela with updated information regarding your payment card account or online payment system upon Artrela's request and any time the information previously provided is no longer valid.
If Artrela has not sought pre-authorization of your payment card, then before the end of each payment interval, you will be issued an electronic invoice for payment of the Fee for the next payment interval. You must pay the invoice by the due date indicated on the invoice.
If there is a delay in the payment of any Fees, Artrela may require you to pay interest on the overdue amount. The interest rate for late payment shall be one percent (1%) per month or the maximum allowed by local law, whichever is higher.
If you utilize the Services as the payment gateway to charge Subscriber fees for access to your Account Content, the Subscriber dispute rate for any Subscriber fees should not exceed one percent (1%) of the total number of Subscriber transactions, as determined by Artrela. If such dispute rate reaches one percent (1%) or higher, you may be given a suspension in order to lower the dispute rate below the one percent (1%) threshold. Artrela shall not be liable for any usage or access issues related to you utilizing the Services as a payment gateway to charge Subscriber fees in the event such usage or access is unavailable or inaccessible at any time, and you assume all risk associated with using the Services as the payment gateway.
In addition to other rights and remedies Artrela may have, if legally permitted to do so, Artrela may offset any payment obligations to you that Artrela may incur under the Terms against any Fees owed to Artrela and not yet paid by you under the Terms or any other agreement between you and Artrela.
Artrela's Privacy Policy is available at www.artrela.tv/privacy.
The Services, Platform, Applications, Company Content, Company Materials, Artrela's trade names and trademarks, and any associated intellectual property are solely and exclusively owned and operated by Artrela or its respective third-party vendors and hosting partners. Company Materials are protected by copyright, trade dress, patent, trade secret, trademark laws, international conventions and treaties, and all other relevant intellectual property and proprietary rights laws. Except as set forth in these Terms, your use of the Services and Company Materials does not grant you any ownership rights or intellectual property rights therein. Any commercial or promotional distribution, publishing, or exploitation of the Company Materials is strictly prohibited unless you have received express prior written permission from Artrela or the applicable rights holder. You may not use Artrela's trade names and trademarks in any manner that disparages Artrela or its products or services or portrays Artrela in a false, competitively adverse, or poor light. Artrela reserves all rights to the Services, Platform, Company Materials, and its trade names and trademarks not expressly granted in these Terms.
Subject to these Terms and the payment of the applicable Fee, and only applicable for particular Plans, Artrela grants you and your Users a non-exclusive, non-transferable, non-sublicensable license to download a single copy of any part of the Company Content solely for personal, non-commercial use. You shall not remove copyright and proprietary notices contained in any part of the Company Content. You expressly acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Platform or the Services. You shall not copy, distribute, or publish any Company Content or any information obtained or derived therefrom except as expressly permitted by Artrela.
UNLESS EXPRESSLY STATED OTHERWISE BY ARTRELA, THE SERVICES, COMPANY MATERIALS, PLATFORM, AND ANY COMPANY CONTENT PROVIDED IN CONNECTION WITH OR THROUGH THE SERVICES ARE OFFERED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ARTRELA DISCLAIMS ALL WARRANTIES, WHETHER STATUTORY, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ACCURACY, AND RELIABILITY.
UNLESS EXPRESSLY STATED OTHERWISE BY ARTRELA, WE DO NOT WARRANT THAT THE SERVICES AND ANY COMPANY CONTENT PROVIDED IN CONNECTION WITH OR THROUGH THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES, COMPANY CONTENT, OR THE PLATFORMS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
UNLESS EXPRESSLY STATED OTHERWISE BY ARTRELA, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PLATFORM, SERVICES, COMPANY MATERIALS, OR ANY WEBSITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
If the laws of certain countries or states do not allow limitations on implied warranties or the exclusion or limitation of certain damages, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights as provided by law.
You agree to defend, indemnify, and hold harmless Artrela and its directors, officers, employees, and agents from any claims, losses, damages, liabilities, including attorneys' fees, arising out of:
Artrela reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
Artrela shall not be liable to you or any User for any consequences resulting from:
Additionally, Artrela shall not be liable to you for any claim by any user, person, organization, or third party arising out of your failure to:
IN NO EVENT WILL ARTRELA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS. THIS INCLUDES, BUT IS NOT LIMITED TO, LOST PROFITS, REVENUES, GOODWILL, BUSINESS INTERRUPTION, OR ANY OTHER INTANGIBLE LOSSES, WHETHER IN CONTRACT OR TORT, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Any claim arising out of or relating to these Terms must be brought within one (1) year after the occurrence of the event giving rise to such claim.
These Terms and/or your access to the Services may be terminated for convenience upon written notice to the other party as indicated in Section 15.6 (Notices):
These Terms and/or your access to the Services may be terminated for default upon written notice to the other party as indicated in Section 15.6 (Notices):
In addition to other suspension rights set forth in these Terms, Artrela has the right to suspend access to all or any part of the Service, Platform, or an Account, including removing Account Content, at any time and for any period, for:
Suspensions may be effective immediately, with or without notice. Unless prohibited by law or legal process or to prevent imminent harm to the Service or any third party, Artrela will make efforts to provide notice via email upon or after such suspension. For any such suspension, Artrela will determine, at its sole discretion, any credit or refund of prepaid Fees to you, if any.
No refund of any prepaid Fees will occur upon any suspension or termination of these Terms, a Service Agreement, or Plan Term. Additionally, upon any suspension or termination of a Plan Term, you shall be liable for any Fees owed for the remainder of the Plan Term.
If you have delinquent or overdue payments due to Artrela, we can deduct those payments from revenue generated on the Platform.
Upon termination or expiration of these Terms and/or your access to the Services for any reason:
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles. You irrevocably consent to the exclusive jurisdiction of the courts located in the State of Delaware for any action arising out of or related to these Terms or their subject matter. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue, or forum non convenience in any such action.
Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of these Terms, including this section. Notwithstanding the foregoing, you and Artrela agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either party’s right to:
In the event of a dispute, controversy, or claim arising out of or relating to these Terms—including but not limited to the formation, validity, breach, or termination—you and Artrela shall attempt to resolve the matter amicably through mutual negotiations. If a mutually acceptable resolution cannot be reached within a reasonable time, either party is entitled to seek all available remedies, including legal remedies, subject to the terms set forth in this section. Should an amicable settlement not be possible, the dispute shall be finally resolved by arbitration as designated herein.
The United Nations Convention on Contracts for the International Sale of Goods (Vienna Convention of 1980) shall not apply to these Terms. Any questions relating to these Terms that are not expressly or implicitly settled herein shall be governed by and construed in accordance with the following:
For Users in the USA, Canada, or Mexico:
If you are domiciled in the United States, Canada, or Mexico, any dispute arising from or relating to these Terms shall be finally settled by arbitration in the State of Delaware, using the English language, in accordance with the Arbitration Rules and Procedures of JAMS then in effect. The arbitration shall be conducted by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, selected from the appropriate list of JAMS arbitrators.
The prevailing party in the arbitration shall be entitled to reimbursement of reasonable expenses (including attorneys’ fees, expert witness fees, and all other costs) incurred in connection with the arbitration. Judgment upon the award rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement.
Notwithstanding the foregoing, each party has the right to seek injunctive or other equitable relief in a court of law pending a final decision by the arbitrator. For all purposes of these Terms, the parties consent to:
The parties agree to bring any dispute against the other in their individual capacities and not as a plaintiff or class member in any purported class or representative proceeding. Disputes shall be arbitrated only on an individual basis and not in a class, consolidated, or representative action. The arbitrator does not have the power to vary these provisions.
For Users Outside the USA, Canada, or Mexico:
If you are domiciled outside of the United States, Canada, or Mexico, all disputes arising out of or in connection with these Terms—including any question regarding their existence, validity, or termination—shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce ("Arbitration Rules") by one arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, appointed in accordance with the Arbitration Rules. The place of arbitration shall be London, England, and the language of the arbitration shall be English.
Except as otherwise specifically limited in these Terms, the arbitral tribunal has the power to grant any remedy or relief it deems appropriate, whether provisional or final, including conservatory and injunctive relief. Any such measures ordered by the arbitral tribunal shall, to the extent permitted by applicable law, be deemed a final award on the subject matter and shall be enforceable as such.
Each party retains the right to apply to any court of competent jurisdiction for interim or conservatory measures, including pre-arbitral attachments or injunctions. Such a request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate.
The existence and content of the arbitral proceedings and any rulings or awards shall be kept confidential by the parties and members of the arbitral tribunal, except:
The arbitral tribunal may include in its award an allocation of costs and expenses, including attorneys’ fees, as it deems reasonable. Any award of the arbitral tribunal shall be final and binding on the parties.
For all purposes of these Terms, the parties consent to:
You and Artrela are independent contractors. These Terms shall not be construed as creating an agency, partnership, joint venture, fiduciary duty, or any other form of legal association between you and Artrela, and you shall not represent otherwise, whether expressly, by implication, appearance, or otherwise. These Terms are not intended to benefit any third parties.
If any term or provision of these Terms is held to be invalid, unenforceable, or illegal in whole or in part for any reason, that provision shall be enforced to the maximum extent permissible to effect the intent of the parties. The validity and enforceability of the remaining terms and provisions shall not be affected.
These Terms and any Service Agreement constitute the entire agreement between you and Artrela regarding your use of the Services, Company Materials, and the Platform, and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning their subject matter. Except as otherwise provided herein or in a Service Agreement, no modification, amendment, or waiver of any provision of these Terms will be effective unless in writing and signed by the party against whom the modification, amendment, or waiver is to be asserted.
You may not assign or transfer these Terms or delegate any of your rights or obligations under these Terms without Artrela's prior written consent. Any attempted assignment, transfer, or delegation without such consent will be void and unenforceable. Artrela may freely assign or transfer these Terms or delegate any of its rights or obligations under these Terms without restriction.
Failure of either party to exercise or enforce any provision of these Terms or any of its rights under these Terms shall not be deemed a waiver of future enforcement of that or any other provision or right.
Except as otherwise specified in these Terms, all notices related to the Terms will be in writing and will be effective upon:
Billing-related notices to you will be addressed to the relevant billing contact or Administrator designated by you. All other notices to you will be addressed to the relevant Administrator designated by you.
Except for payment obligations due under these Terms, each party will be excused from performance of its obligations to the extent that performance is rendered impossible by an event or circumstance beyond that party’s reasonable control. This includes events like earthquakes, fires, floods, governmental actions, pandemics, epidemics, outbreaks, quarantines, or labor disruptions, provided that the affected party gives prompt written notice to the other party. Any failure caused by such events shall be remedied as soon as reasonably possible.
You grant Artrela the right to use your name as a customer, as well as any of your public videos or images, on Artrela's website and social media channels.