Terms and Conditions

Introduction

Welcome to Artisans Cloud. These Terms and Conditions ("Terms") govern your access to and use of our website, enterprise intelligence platform, and related services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.

Artisans Cloud ("we," "our," or "us") provides enterprise intelligence solutions, including retail platforms, data intelligence, enterprise AI, and automation services designed to help businesses optimize their operations and drive growth.

If you do not agree to these Terms, please do not access or use our Services. We reserve the right to modify these Terms at any time, and your continued use of the Services constitutes acceptance of such modifications.

1. Definitions

For the purposes of these Terms:

• "Platform" refers to the Artisans Cloud enterprise intelligence platform and all associated software, applications, and services.
• "User" or "You" refers to any individual or entity that accesses or uses our Services.
• "Customer Data" refers to any data, information, or content that you upload, submit, or otherwise provide through the Platform.
• "Agreement" refers to any service agreement, subscription agreement, or other contractual arrangement between you and Artisans Cloud.

2. Acceptance of Terms

By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

You must be at least 18 years old or the age of majority in your jurisdiction to use our Services. By using the Services, you represent and warrant that you meet this age requirement.

3. Use of Services

3.1 License Grant

Subject to your compliance with these Terms and any applicable Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes.

3.2 Restrictions

You agree not to:

• Copy, modify, distribute, or create derivative works of the Services
• Reverse engineer, decompile, or disassemble any portion of the Platform
• Rent, lease, lend, sell, sublicense, or transfer your rights to the Services
• Use the Services for any illegal or unauthorized purpose
• Attempt to gain unauthorized access to any part of the Services or related systems
• Interfere with or disrupt the Services or servers or networks connected to the Services
• Use the Services to transmit any harmful, threatening, abusive, or offensive content
• Remove, alter, or obscure any proprietary notices on the Services

3.3 Account Registration

To access certain features of the Platform, you may be required to register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

4. Customer Data and Intellectual Property

4.1 Customer Data Ownership

You retain all ownership rights to your Customer Data. By using the Services, you grant us a limited license to access, use, process, and store your Customer Data solely for the purpose of providing the Services to you and as described in our Privacy Policy.

4.2 Platform Intellectual Property

The Platform, including all software, designs, text, graphics, logos, and other content (excluding Customer Data), is owned by Artisans Cloud and is protected by intellectual property laws. Nothing in these Terms grants you any right, title, or interest in the Platform or our intellectual property, except for the limited license granted above.

4.3 Feedback

If you provide us with any feedback, suggestions, or ideas about the Services ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate such Feedback into our Services without any obligation to you.

5. Payment Terms

5.1 Fees

Certain features of the Services may require payment of fees. All fees are as described in your applicable Agreement or as displayed on our website. Fees are non-refundable except as required by law or as expressly stated in your Agreement.

5.2 Billing

You agree to pay all fees associated with your use of the Services in accordance with the billing terms presented to you at the time of purchase. We may change our fees at any time, but will provide you with advance notice of any fee changes.

5.3 Taxes

All fees are exclusive of applicable taxes, duties, and other governmental charges. You are responsible for paying all such taxes and charges associated with your use of the Services.

6. Service Availability and Support

6.1 Uptime

We strive to maintain high availability of the Services, but we do not guarantee uninterrupted access. We may perform scheduled maintenance, which may temporarily impact Service availability. We will make reasonable efforts to notify you of scheduled maintenance in advance.

6.2 Support

Support services are provided as described in your Agreement. If you do not have an Agreement, support may be limited or unavailable. We reserve the right to modify our support offerings at any time.

6.3 Modifications to Services

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

7. Data Security and Privacy

We implement reasonable security measures to protect your Customer Data. However, no method of transmission or storage is 100% secure, and we cannot guarantee absolute security. Our collection and use of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

You are responsible for maintaining appropriate security measures for your account, including keeping your login credentials confidential and implementing appropriate access controls within your organization.

8. Warranties and Disclaimers

8.1 Your Warranties

You represent and warrant that:

• You have the right to use and provide your Customer Data to us
• Your Customer Data and your use of the Services do not violate any applicable laws or third-party rights
• You will comply with all applicable laws in your use of the Services

8.2 Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY CONTENT PROVIDED THROUGH THE SERVICES.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARTISANS CLOUD, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES EXCEED THE AMOUNT YOU HAVE PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100 IF YOU HAVE NOT PAID US ANY AMOUNTS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10. Indemnification

You agree to indemnify, defend, and hold harmless Artisans Cloud, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Services
• Your Customer Data
• Your violation of these Terms
• Your violation of any rights of another party

11. Term and Termination

11.1 Term

These Terms commence when you first access or use the Services and continue until terminated in accordance with these Terms.

11.2 Termination by You

You may terminate these Terms at any time by ceasing to use the Services and closing your account. If you have a paid subscription, termination does not entitle you to a refund of any prepaid fees.

11.3 Termination by Us

We may suspend or terminate your access to the Services at any time, with or without cause or notice, including if we believe you have violated these Terms. Upon termination, your right to use the Services will immediately cease.

11.4 Effect of Termination

Upon termination, we may delete your Customer Data in accordance with our data retention policies. We recommend that you export your Customer Data before terminating your account. Sections of these Terms that by their nature should survive termination will survive, including but not limited to intellectual property provisions, warranty disclaimers, indemnification, and limitations of liability.

12. Third-Party Services and Links

The Services may contain links to third-party websites or integrate with third-party services. We do not control, endorse, or assume responsibility for any third-party services or content. Your use of third-party services is subject to their respective terms and privacy policies. We encourage you to review the terms and policies of any third-party services you access.

If you enable any third-party integrations with the Services, you grant us permission to access and use your data from those third-party services as necessary to provide the Services to you.

13. Confidentiality

Both parties agree to maintain the confidentiality of any confidential information disclosed by the other party in connection with the Services. Confidential information includes, but is not limited to, business information, technical data, pricing, and Customer Data.

The receiving party will not disclose confidential information to third parties without the disclosing party's prior written consent, except as required by law or to provide the Services. These confidentiality obligations will survive termination of these Terms for a period of three (3) years.

14. Export Compliance

The Services may be subject to export control laws and regulations of Malaysia, India, and other countries. You agree to comply with all applicable export and import laws and regulations. You represent and warrant that you are not located in a country that is subject to a government embargo or that has been designated as a "terrorist supporting" country, and that you are not listed on any government list of prohibited or restricted parties.

15. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Malaysia, without regard to its conflict of law provisions.

15.2 Dispute Resolution

In the event of any dispute arising out of or relating to these Terms, the parties agree to first attempt to resolve the dispute through good faith negotiations. If the parties are unable to resolve the dispute within thirty (30) days, either party may pursue resolution through the courts of Malaysia.

15.3 Jurisdiction and Venue

You agree to submit to the exclusive jurisdiction of the courts located in Petaling Jaya, Selangor, Malaysia for the resolution of any disputes arising out of or relating to these Terms.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any applicable Agreement, constitute the entire agreement between you and Artisans Cloud regarding the Services and supersede all prior agreements and understandings.

16.2 Modifications

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email or by posting a notice on our website. Your continued use of the Services after such modifications constitutes your acceptance of the modified Terms.

16.3 Waiver

Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision or our right to enforce it. Any waiver must be in writing and signed by an authorized representative of Artisans Cloud.

16.4 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid or unenforceable provision will be modified to the minimum extent necessary to make it valid and enforceable.

16.5 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this section is void.

16.6 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

16.7 Relationship of Parties

The relationship between you and Artisans Cloud is that of independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between the parties.

16.8 Notices

We may provide notices to you via email, regular mail, or postings on our website or within the Services. Notices will be deemed received when sent to the email address associated with your account or 48 hours after mailing. You may provide notices to us at the contact information listed below.

17. Contact Information

If you have any questions about these Terms and Conditions, please contact us:

Acknowledgment

BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICES.