Last updated: May 1, 2023

 

Arturo Intelligence, Inc. (“Arturo” or “us,” “we” and “our”) owns and operates arturo.ai and other sites linking to these Website Terms of Use (the “Terms of Use”), including any mobile versions of those sites (individually, the “Site”, or, collectively, the “Sites”). Through our Sites, Arturo provides various information, resources and services (collectively, the “Services”). References to our Sites in these Terms of Use include the Services.

These Terms of Use are an agreement between you and Arturo governing your access to and use of our Sites, their functionality and their content.

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING ANY PAGES ON THE SITES; USING ANY SERVICES MADE AVAILABLE THROUGH THE SITES; OR POSTING, SUBMITTING, TRANSMITTING OR UPLOADING ANY INFORMATION THROUGH THE SITES, YOU EXPRESSLY AGREE THAT YOU HAVE READ AND THAT YOU UNDERSTAND AND AGREE TO THE TERMS, CONDITIONS, LIMITATIONS, NOTICES AND COVENANTS SET FORTH IN THESE TERMS OF USE AND ANY APPLICABLE POLICIES AND DISCLAIMERS REFERENCED HEREIN OR ON THE SITES. IF YOU USE OR ACCESS THE SITES ON BEHALF OF A BUSINESS OR OTHER ENTITY, YOU MUST HAVE AUTHORITY TO BIND THAT BUSINESS/ENTITY. IN SUCH CASE, THE TERM “YOU” INCLUDES THE BUSINESS/ENTITY AND ANY OF ITS AGENTS THAT USE OR ACCESS THE SITES. BY USING OR ACCESSING THE SITES, YOU REPRESENT AND WARRANT THAT YOU ARE OF LEGAL AGE TO ACCEPT THESE TERMS OF USE AND FORM A BINDING CONTRACT WITH ARTURO.

DO NOT USE OUR SITES IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE AND OTHER POLICIES.

 

1. We can change these Terms of Use.

Arturo reserves the right to update or modify these Terms of Use at any time on a going forward basis, with or without prior notice, and such changes will become effective on the date posted to the Site or such future date indicated in the notice. We use reasonable efforts to ensure that the Terms of Use identify the last date of update. We encourage you to review these Terms of Use frequently to stay informed of the latest modifications.

 

2. We can change and discontinue our Sites and the Services we offer through our Sites.

Arturo may change, suspend, modify or discontinue all or any part of our Sites in its sole discretion, with or without notice. Arturo is not liable if all or any part of a Site is, for any reason, unavailable at any time or for any period. Arturo reserves the right to block or deny access to any of our Sites to anyone at any time for any reason. Arturo is not obligated to correct or update any information or content on our Sites.

We may now or in the future offer Services through our Sites and, to use these Services, you must adhere to additional terms and conditions based on the Services, as identified in these Terms of Use and/or presented to you at the time you commence use of the Services. Certain offerings on our Sites may be free of charge or offered for a fee, and we reserve the right to change, on a going forward basis, what Services are offered free of charge or for a fee, or the fees charged for any given Services offering.

 

3. You may use our Sites for lawful purposes subject to these Terms of Use.

Subject to your full and ongoing compliance with these Terms of Use, Arturo hereby grants you the limited and revocable right to access and use our Sites solely for their intended purposes.

You agree not to use our Sites in any way that violates any applicable law or regulation (including any laws regarding export of data or software to and from the United States or other countries). Additionally, you agree not to use our Sites in any manner that could disable, overburden, damage, or impair our Sites; use any manual process or robot, spider or other automatic device, process or means to access, monitor, or copy all or any part of our Sites for any purpose; use any device, software, or routine that interferes with the proper working of our Sites, including by the introduction of or attempted introduction of logic bombs, trojan horses, viruses, worms, or other malicious or harmful material or code to our Sites or any server, computer, software, or database connected to the sites; attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our Sites, the server on which our Sites are stored, or any server, computer, or database connected to our Sites; attack our Sites via any denial-of-service attack; or otherwise attempt to interfere with the proper working of our Sites.

 

4. We own our Sites and their content.

Arturo and its licensors or other providers own our Sites, including all of their content, features, functionality, trademarks, trade names and trade dress (“Site Content”). Our Sites and all Site Content are protected by US and international copyright, trademark, and other laws and treaties, and may not be used except as permitted in the Terms of Use. No right, title, or interest in or to our Sites or any Site Content is transferred to you, and all rights not expressly granted are reserved by Arturo.

 

5. We are not responsible for content on our Sites provided by third parties or content on third-party websites linked to our Sites.

Our Sites may include content provided by third parties and/or links to third-party websites. Links to third-party websites and resources provided on our Sites are provided for your convenience only. They do not signify that Arturo endorses these websites or companies. You access third party websites linked to our Sites entirely at your own risk and subject to the terms and conditions of such sites.

Other than content provided by Arturo, all statements and/or opinions expressed, all articles and responses to questions, and other content are solely the opinions and the responsibility of the party providing those materials. Arturo is not responsible for the content or accuracy of any materials provided by any third parties. Arturo does not warrant the accuracy, completeness, or reliability of any third-party information on our Sites or on third-party websites.

 

6. We may gather information about your visits to our Sites and use that information in accordance with our Privacy Notice.

Arturo may automatically collect information about you and your use and navigation of our Sites. All such information is subject to our Privacy Notice. By using our Sites, you consent to all actions taken by Arturo with respect to your information in compliance with the Privacy Notice and legal requirements.

 

7. You may link to our Sites as long as you comply with these Terms of Use.

You may link to our Sites, provided you do so in a way that is legal and does not damage or take advantage of our reputation. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on the part of Arturo without the express written consent of Arturo. Further, you must not (a) establish a link from any website or social media account that you do not own or control; (b) cause our Sites or portions of it to be displayed, or appear to be displayed (by, for example, framing or in-line linking) on any other site; or (c) take any other action with respect to the material or content on our Sites that is inconsistent with any other provision of these Terms of Use. Arturo may disable any or all links or social media features any time without notice.

 

8. Our Sites are for use in the United States and Australia.

We provide our Sites for use only by parties located in the United States and Australia. We make no claims that our Sites or any content is accessible or appropriate outside of the United States and Australia. Access to our Sites by certain persons or in certain countries may not be legal. If you access our Sites from outside the United States or Australia, you do so on your own initiative, at your own risk and are responsible for compliance with local laws.

 

9. Our Sites are provided “as is” without any warranties.

OUR SITES AND ANY CONTENT AND SERVICES ON OUR SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, OTHER THAN THOSE EXPRESS WARRANTIES PROVIDED IN THESE TERMS OF USE OR OTHER APPLICABLE POLICIES. NEITHER ARTURO NOR ANY PERSON OR ENTITY AFFILIATED OR ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, CURRENCY OR AVAILABILITY OF OUR SITES OR SITE CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER ARTURO NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT OUR SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT OUR SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SITES WILL OTHERWISE MEET YOUR EXPECTATIONS OR NEEDS.

EXCEPT AS EXPRESSLY PROVIDED HEREIN, ARTURO DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, INCLUDING ESTABLISHING, PERFECTING, OR MAINTAINING COMPLIANCE WITH ANY PARTICULAR LAW OR LEGAL REQUIREMENT.

THE FOREGOING APPLIES TO THE GREATEST EXTENT PERMISSIBLE PURSUANT UNDER APPLICABLE LAW AND DOES NOT EXCLUDE OR LIMIT ANY WARRANTIES TO THE EXTENT THAT THEY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, IN WHICH CASE THE FOREGOING LIMITATIONS WILL APPLY SOLELY TO THE EXTENT LEGALLY PERMISSIBLE.

 

10. We are not liable for damages relating to use of our Sites.

IN NO EVENT WILL ARTURO, ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, CONTRACTORS AND AGENTS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE SITES, ANY WEBSITES LINKED TO THE SITES, ANY SITE CONTENT OR OTHER CONTENT ON THE SITES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR SUCH OTHER WEBSITES. THIS LIMITATION INCLUDES ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES ARISING FROM PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, AND LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ARTURO WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SITES.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR OUR SITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

YOU UNDERSTAND AND ACKNOWLEDGE THAT ARTURO WOULD NOT BE ABLE TO PROVIDE OUR SITES AND SERVICES ON AN ECONOMICALLY FEASIBLE BASIS WITHOUT THE FOREGOING EXCLUSIONS, LIMITATIONS AND DISCLAIMERS OF WARRANTIES LIABILITY, AND THAT ACCORDINGLY, SUCH EXCLUSIONS, LIMITATIONS AND DISCLAIMERS REFLECT A REASONABLE ALLOCATION OF RISK UNDER THE CIRCUMSTANCES, AND WILL APPLY TO THE GREATEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW.

 

11. You agree to indemnify us for losses we incur as a result of your use of our Sites.

You agree to defend, indemnify and hold harmless Arturo, its affiliates, licensors and service providers, and its and their respective officers, directors, managers, employees, contractors, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your use of our Sites, including any violation of these Terms of Use or applicable law in connection therewith.

 

12. These Terms of Use are governed by Colorado law.

You agree that all matters relating to our Sites and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).

You agree that the federal and state courts located in the State of Colorado have exclusive jurisdiction over any legal proceedings relating to, arising out of, or connected in any way to your use of our Sites. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

13. We must specifically waive a condition for it not to apply.

No waiver by Arturo of any term or condition set forth in these Terms of Use will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Arturo to assert a right or provision under these Terms of Use will not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

 

14. THESE TERMS OF USE AND OUR PRIVACY NOTICE ARE THE OUR ONLY AGREEMENT WITH RESPECT TO YOU USE OF OUR SITES.

These Terms of Use and our Privacy Notice constitute the sole and entire agreement between you and Arturo with respect to our Sites and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to our Sites.

 

All feedback, comments, requests for technical support and other communications relating to our Sites should be directed to support@arturo.ai.