Artec Labs Inc. Effective Date: June 25, 2026 Last Updated: July 11, 2026
These Terms of Service ("Terms") form a legally binding agreement between you ("you," "your," or "User") and Artec Labs Inc., doing business as Artec ("Artec," "Company," "we," "us," or "our"), a corporation organized under the laws of the State of Delaware.
Artec operates the website at artec.app, the Artec web applications (including the brand and agency workspace), the Artec iOS mobile application, the Artec AI copilot and agent features, the Artec creator marketplace, and all related software, tools, data, and services (collectively, the "Services").
The Services are a technology platform that helps brands and agencies discover, engage, and pay content creators for user-generated content and related creative campaigns, and that provides AI-assisted tooling, content analysis, and marketing intelligence. Artec is not a party to any agreement, campaign, or deal between a brand or agency and a creator.
Depending on how you use the Services, additional agreements may apply to you, including, for creators, the Artec Creator Platform Agreement; for specific campaigns, a Program Participation Agreement; and, for brands, any Brand Agreement (collectively, "Additional Agreements"). Where an Additional Agreement applies to you, it is incorporated into these Terms, and, for the specific matters it covers (such as creator participation, deal terms, and payment obligations), it controls over these Terms in the event of a conflict.
By accessing or using the Services, by clicking "I agree" (or a similar control), or by creating an account, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, you must not access or use the Services.
Structure. These Terms are organized in three parts. Part I (General Terms) applies to all Users. Part II applies to brands and agencies ("Clients"). Part III applies to creators. If a provision in Part II or Part III conflicts with Part I, the applicable Part II or Part III provision controls for that type of User. Defined terms have the meanings given in Section 1.
Part I — General Terms
These General Terms apply to every User of the Services, including all Clients and Creators.
1. Definitions
"Client" means any brand, business, agency, organization, or person that uses the Services to create campaigns, discover or engage creators, request or receive deliverables, fund a Wallet, or otherwise purchase or use the Services as a customer.
"Creator" means any individual who uses the Services to create a creator profile, apply for or accept campaigns or deals, produce or submit content, link social accounts, or receive payouts.
"Campaign" means any project, brief, deal, job, posting, or engagement created, offered, or managed through the Services.
"Deal" means any engagement, statement of work, brief, rate, or arrangement between a Client and a Creator that is created, accepted, tracked, or settled through the Services.
"Deliverable" means any content or output created for or submitted in connection with a Campaign or Deal, including videos, photos, posts, edits, raw files, captions, scripts, links, or similar materials.
"User Content" means any content, data, or materials that a User submits, posts, uploads, links, transmits, or otherwise makes available through the Services, including Deliverables, profile information, messages, and connected social-account data.
"Artec Content" means the Services and all content, software, data, models, and materials provided by or on behalf of Artec, excluding User Content and third-party content.
"AI Features" means any feature of the Services that uses artificial intelligence, machine learning, large language models, or automated processing, including the Artec copilot and agent, AI-generated briefs, content plans, recommendations, scoring, analysis, transcription, and similar features. "AI Outputs" means any output, suggestion, score, analysis, text, or other material generated by AI Features.
"Marketing Intelligence" or "Intelligence Data" means data, signals, metrics, classifications, leads, and analysis about social-media posts, accounts, creators, brands, competitors, advertisements, sounds, hashtags, and trends that the Services surface, including data collected from publicly available sources and from third-party data providers.
"Wallet" means the funded balance and reserve a Client maintains through the Services to support creator compensation, fees, and related amounts.
"Platform Fee" means any fee Artec charges in connection with the Services, including subscription fees, service fees, processing fees, and fees retained from amounts that flow through the Services, as disclosed at the time of the transaction or on our pricing materials.
"Social Platform" means any third-party social-media or content platform that the Services connect to or interact with, including TikTok, Instagram, Facebook, YouTube, and Snapchat.
2. Eligibility
You may use the Services only if you are at least 18 years old (or the age of majority where you live, if higher), are legally capable of entering into a binding contract, and are not barred from using the Services under applicable law. The Services are not directed to children, and we do not knowingly permit anyone under 18 to use the Services.
If you use the Services on behalf of a company, brand, agency, or other entity, you represent and warrant that you are authorized to bind that entity to these Terms, and "you" refers to both you individually and that entity. You may not use the Services if you are located in, or are a national of, a country subject to U.S. embargo or sanctions, or if you are on any U.S. government restricted-party list.
3. Nature of the Services
Artec provides a technology platform and related tools only. Artec is a venue and toolset that enables Clients and Creators to find one another, communicate, agree on Deals, exchange Deliverables, and process payments, and that provides AI-assisted features and Marketing Intelligence.
Artec does not create, supervise, direct, or control Deals, Deliverables, or the conduct of any User. Artec is not a party to any Deal between a Client and a Creator. Artec is not a talent agency, modeling agency, advertising agency, staffing agency, employer, broker, dealer, escrow agent, trustee, fiduciary, money transmitter, payment institution, or investment, legal, tax, financial, or marketing advisor.
Artec does not guarantee any outcome, result, earnings, return on investment, views, engagement, conversions, revenue, brand safety, selection for or completion of any Campaign, the quality, legality, or suitability of any User, Deliverable, or Deal, or the continued availability of the Services or any feature. The Services are not designed or intended to comply with industry-specific regulatory frameworks (for example, HIPAA, GLBA, FISMA, PCI-DSS beyond the role of our payment processor, or FERPA), and you may not use the Services where such compliance is required of Artec.
4. Accounts and Security
To use most features of the Services, you must create an account and provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account, whether or not authorized by you. You agree to notify Artec promptly of any unauthorized access to or use of your account or any other suspected security breach.
When you connect a Social Platform account, payment account, or other third-party account to the Services, you authorize Artec to access and use that account and the associated data as needed to provide the Services, and you represent that you have the right to grant that authorization. You are responsible for keeping your connected accounts in good standing and for complying with the terms of each connected service.
5. Privacy
Our Privacy Policy describes how we collect, use, and share information in connection with the Services and is incorporated into these Terms by reference. By using the Services, you acknowledge the data practices described in the Privacy Policy. The Services are operated and hosted in the United States, and your information may be processed in the United States and other jurisdictions.
6. AI Features and Automated Outputs
The Services include AI Features, including an AI copilot and agent, AI-generated campaign briefs, content plans, recommendations and strategy suggestions, AI-assisted content scoring and analysis, transcription, and related automated processing. Some AI Features are powered by third-party model providers, and your inputs and certain content may be processed by those providers subject to their terms.
AI Outputs are provided for informational purposes only. AI Outputs are generated by automated systems and may be inaccurate, incomplete, outdated, biased, offensive, or otherwise unreliable, and may produce content that appears plausible but is wrong ("hallucinations"). AI Outputs do not constitute professional, legal, financial, tax, accounting, employment, advertising-compliance, or marketing-performance advice, and must not be relied upon as such.
You are solely responsible for reviewing, evaluating, and verifying any AI Output before relying on or acting on it, and for any decision you make or action you take based on an AI Output. Any reliance on AI Outputs is at your own risk. Where the Artec agent can draft, modify, schedule, or take actions within your workspace or accounts, those actions are taken at your direction and subject to your review and approval, and you are responsible for them.
Artec scores, ratings, and analyses (including the Artec Score and content-quality scores) are automated estimates produced at Artec's discretion. They may change over time and do not guarantee content performance, approval, payment, payout, selection, views, engagement, or any other result. AI Outputs may be similar or identical to outputs provided to other users, and you receive no exclusive rights in AI Outputs except as expressly stated in these Terms.
You may not use AI Features to violate applicable law, infringe third-party rights, violate the terms of any Social Platform or third-party provider, generate unlawful, deceptive, harassing, or harmful content, or develop, train, or improve any competing artificial-intelligence model, product, or service. To the maximum extent permitted by law, Artec disclaims all liability arising out of or relating to AI Features and AI Outputs.
7. Marketing Intelligence and Discovered Data
The Services may surface Marketing Intelligence, including data about social-media posts, accounts, creators, brands, competitors, advertisements, sounds, hashtags, and trends. Marketing Intelligence is derived from publicly available sources and from third-party data providers, and is compiled, classified, scored, and presented using automated processes, including AI Features.
Artec's collection and display of public information. As between you and Artec, Artec may collect, compile, store, analyze, classify, score, display, and otherwise use publicly available information and Marketing Intelligence, including through official Social Platform integrations and APIs and public data providers. Where the Services display a post or content that originates from a Social Platform, they do so with attribution to the relevant account and a link to, or an embed of, the original post on the source platform; the underlying content remains hosted by, and subject to the rights of, the source platform and its owner. Nothing in these Terms transfers to you any rights in third-party content surfaced through Marketing Intelligence, and you are responsible for obtaining any rights you need before reusing it.
Marketing Intelligence is provided on an "as is" basis for informational purposes only. Artec does not independently verify Marketing Intelligence and makes no representation or warranty regarding its accuracy, completeness, currency, legality, or fitness for any purpose. Marketing Intelligence may be inaccurate, incomplete, or out of date, and the availability and contents of third-party and public data sources may change or be discontinued at any time.
You are solely responsible for how you access, use, store, export, and act on Marketing Intelligence, including any outreach, solicitation, or communication you direct to any creator, lead, account, or person identified through the Services. You represent and warrant that you have, and will maintain, all rights, consents, and lawful bases required for such use and outreach, and that you will comply with all applicable laws, including without limitation the CAN-SPAM Act, the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule, anti-spam and unsolicited-communications laws, data-protection and privacy laws (including the GDPR, UK GDPR, CCPA/CPRA, and similar laws), rights of publicity and privacy, and the FTC Act and FTC endorsement and advertising guidelines, as well as the terms of each applicable Social Platform.
You will not use Marketing Intelligence to harass, stalk, threaten, defame, or unlawfully discriminate against any person; to make eligibility decisions governed by laws such as the FCRA; to re-identify or de-anonymize individuals; or to build, train, or populate a competing dataset, database, scraping tool, or product. You agree to defend and indemnify Artec in accordance with Section 19 for any claim arising out of or relating to your use of Marketing Intelligence or any outreach you conduct.
8. Artec Intellectual Property
As between you and Artec, Artec and its licensors own all right, title, and interest in and to the Services and Artec Content, including all software, source and object code, designs, user interfaces, databases, the Artec Score and all scoring, ranking, classification, and analysis algorithms and models, AI Features (other than your inputs and the User Content you provide), text, graphics, the "Artec" name and logo, and all other trademarks, service marks, trade names, trade dress, patents, copyrights, trade secrets, and other intellectual property and proprietary rights.
Subject to your compliance with these Terms, Artec grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal or internal business purposes. Except as expressly permitted, you may not copy, modify, adapt, translate, create derivative works of, distribute, publicly display, sell, license, frame, mirror, reverse engineer, decompile, or disassemble any part of the Services or Artec Content, or remove or alter any proprietary notices. All rights not expressly granted are reserved by Artec.
9. User Content and License
You retain all ownership rights you have in your User Content. Subject to Part II and Part III (which govern the rights in Deliverables that flow between Clients and Creators), you grant Artec a worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable, and transferable license to host, store, reproduce, modify, adapt, create derivative works of, publish, publicly display and perform, distribute, and otherwise use your User Content in order to operate, provide, secure, improve, develop, and promote the Services and Artec's business. This license continues for User Content you have shared with others or that has been used in the operation of the Services even after you stop using the Services, to the extent necessary.
You represent and warrant that you own or have all rights, licenses, consents, and permissions necessary to grant the foregoing license and to submit your User Content, and that your User Content, and Artec's use of it as permitted here, does not and will not violate any law or infringe, misappropriate, or otherwise violate any intellectual property, privacy, publicity, contractual, or other right of any third party. You are solely responsible for your User Content and the consequences of submitting it.
10. Acceptable Use; Prohibited Activities
You agree that you will not, and will not attempt to, and will not permit or enable any third party to:
Use the Services for any unlawful, fraudulent, deceptive, or unauthorized purpose, or in violation of these Terms or any applicable law or regulation;
Misrepresent your identity, age, affiliation, or qualifications, or impersonate any person or entity;
Submit, post, or transmit any content that is infringing, defamatory, libelous, obscene, pornographic, hateful, harassing, threatening, abusive, or otherwise objectionable, or that violates any third party's intellectual property, privacy, or publicity rights;
Harass, threaten, defame, abuse, stalk, or harm any other User or person;
Generate, purchase, or use fake, automated, incentivized, or fraudulent views, engagement, followers, or accounts, or otherwise manipulate metrics, scores, rankings, or campaign results;
Create multiple or duplicate accounts to evade enforcement or to manipulate scores, rankings, payments, or eligibility;
Circumvent, disable, or interfere with security, authentication, rate-limiting, or other protective features of the Services;
Access, search, or scrape the Services or collect data from the Services by any automated means, or access the Services through any interface other than those Artec provides, without Artec's prior written permission;
Reverse engineer, decompile, or disassemble any part of the Services, or use the Services to build a competing product, service, dataset, or model;
Introduce any virus, malware, or other harmful code, or interfere with, disrupt, or impose an unreasonable load on the Services or related infrastructure;
Bypass, evade, or interfere with Artec's payment, fee, or enforcement mechanisms, or transact off-platform to avoid fees as prohibited by Sections C5 and W7;
Violate the terms, policies, or community guidelines of any Social Platform or third-party provider in connection with the Services; or
Use AI Features or Marketing Intelligence in any manner prohibited by Sections 6 and 7.
11. Social Platform Connections
The Services interoperate with Social Platforms through their official APIs and authorization flows. When you connect a Social Platform account, you authorize Artec to access, retrieve, store, and use the data and permissions you grant in order to provide the Services. Your use of each Social Platform remains subject to that platform's own terms and policies, and you are solely responsible for complying with them.
Social Platforms are independent third parties that Artec does not control. Artec is not responsible or liable for any Social Platform's acts or omissions, for changes to or discontinuation of any Social Platform's API, features, policies, or data, for any suspension, restriction, demonetization, or termination of your accounts by a Social Platform, or for the accuracy or availability of any data obtained from a Social Platform. Artec may add, modify, suspend, or remove any Social Platform integration at any time.
12. Third-Party Services
The Services rely on and integrate with third-party services, including payment processors, hosting and infrastructure providers, AI and data providers, Social Platforms, communications providers, and analytics providers. Your use of a third-party service may be subject to that provider's separate terms. Artec does not control and is not responsible or liable for any third-party service, including its availability, performance, security, acts, omissions, outages, or changes, and your dealings with any third party are solely between you and that third party.
13. Confidentiality
You may receive or have access to non-public information about Artec, other Users, Campaigns, Deals, pricing, or the Services ("Confidential Information"). You agree to use Confidential Information only as necessary to use the Services as permitted, to protect it using at least reasonable care, and not to disclose it except as required by law (in which case you will, where legally permitted, give Artec prompt notice). This Section does not apply to information that is or becomes public through no fault of yours or that you lawfully possessed without a duty of confidentiality.
14. Feedback
If you provide Artec with suggestions, ideas, or other feedback about the Services ("Feedback"), you grant Artec a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, and transferable license to use and exploit the Feedback for any purpose without restriction or compensation to you. Feedback is provided "as is," and Artec is under no obligation to use it.
15. Enforcement; Suspension; Termination
Artec may, but is not obligated to, monitor use of the Services and User Content. Artec may, in its sole discretion and without liability, investigate suspected violations, remove, disable, or restrict access to any content or account, withhold or reverse amounts as permitted in these Terms, impose limits, and suspend or terminate your access to all or part of the Services, with or without notice and with or without cause. Termination does not relieve you of obligations that accrued before termination, and provisions that by their nature should survive will survive.
16. Copyright; DMCA Policy
Artec respects the intellectual property rights of others and expects Users to do the same. It is Artec's policy, in appropriate circumstances and in its sole discretion, to remove or disable access to content alleged to infringe copyright and to terminate the accounts of Users who are repeat infringers.
If you believe content available through the Services infringes a copyright you own or control, you may submit a written notice to Artec's designated copyright agent that includes: (a) identification of the copyrighted work claimed to be infringed; (b) identification of the allegedly infringing material and information reasonably sufficient to locate it; (c) your contact information; (d) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; (e) a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf; and (f) your physical or electronic signature.
You may submit a counter-notification as permitted by the Digital Millennium Copyright Act ("DMCA"), and Artec will process it in accordance with applicable law. Artec may remove or disable access to allegedly infringing content without prior notice and without liability. Notices and counter-notifications must be sent to Artec's Designated Copyright Agent identified below.
Designated Copyright Agent. Artec's agent to receive notifications of claimed infringement under the DMCA is: Artec Labs Inc., Attn: Legal Department, 8 The Green, Suite B, Dover, DE 19901, USA; telephone (949) 303-8126; email [email protected]. Artec's Designated Agent is registered with the U.S. Copyright Office in the DMCA Designated Agent Directory.
17. Disclaimer of Warranties
THE SERVICES, ARTEC CONTENT, AI FEATURES, AI OUTPUTS, AND MARKETING INTELLIGENCE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ARTEC AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS, DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
ARTEC DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY CONTENT, AI OUTPUT, SCORE, OR MARKETING INTELLIGENCE WILL BE ACCURATE, COMPLETE, RELIABLE, OR FIT FOR ANY PURPOSE. ARTEC MAKES NO WARRANTY REGARDING ANY USER, DEAL, DELIVERABLE, OR RESULT, OR REGARDING ANY THIRD-PARTY SERVICE OR SOCIAL PLATFORM.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. Electronic communications: Artec may communicate with you by email, in-app notification, SMS, push notification, or other electronic means, and does not guarantee the delivery, timing, or receipt of any such communication and is not liable for any failure or delay in transmission, including due to spam filters, carrier or platform limitations, or technical issues.
18. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ARTEC OR ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR CONTENT, OR FOR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ARTEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS INCLUDES, WITHOUT LIMITATION, ANY DAMAGES ARISING OUT OF OR RELATING TO AI FEATURES OR AI OUTPUTS, MARKETING INTELLIGENCE, ANY DEAL OR DELIVERABLE, CONTENT PERFORMANCE OR RESULTS, PAYMENTS OR PAYOUTS, THE CONDUCT OF ANY USER, OR ANY THIRD-PARTY SERVICE OR SOCIAL PLATFORM.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF ARTEC AND THE FOREGOING PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (US$100) AND (B) THE TOTAL AMOUNT OF PLATFORM FEES YOU ACTUALLY PAID TO ARTEC IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
The limitations in this Section apply to the maximum extent permitted by applicable law, form an essential basis of the bargain between you and Artec, and apply even if a limited remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you; in such jurisdictions, Artec's liability is limited to the maximum extent permitted by law.
19. Indemnification
You agree to defend, indemnify, and hold harmless Artec and its affiliates, and their respective officers, directors, employees, agents, suppliers, and licensors, from and against any and all claims, demands, actions, investigations, liabilities, damages, losses, fines, penalties, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your access to or use of the Services; (b) your User Content; (c) any Campaign, Deal, Deliverable, or transaction you are involved in; (d) your communications with or outreach to any User, creator, lead, or person, including any use of Marketing Intelligence; (e) your use of AI Features or AI Outputs; (f) your breach of these Terms or any representation or warranty herein; (g) your violation of any law or regulation or the rights of any third party, including any Social Platform's terms; or (h) your taxes or your relationship with any other User.
Artec may, at its option and expense, assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with Artec's defense. You will not settle any matter that imposes any obligation or liability on Artec, or that admits fault on Artec's behalf, without Artec's prior written consent.
20. No Employment or Other Relationship
Nothing in these Terms or your use of the Services creates any employment, agency, partnership, joint venture, franchise, fiduciary, or special relationship between you and Artec, or between Artec and any User. Creators are not employees, agents, or contractors of Artec, and Clients are not employers, agents, or principals of Artec. Any Deal between a Client and a Creator is solely between those parties; Artec is not a party to it and disclaims all liability arising out of or relating to it. No User has authority to bind Artec or to act on Artec's behalf.
21. Electronic Communications and E-SIGN Consent
You consent to receive communications from Artec electronically, including by email, in-app notification, SMS, and push notification, and you agree that all agreements, notices, disclosures, and other communications Artec provides electronically satisfy any legal requirement that they be in writing. You agree that your electronic acceptance of these Terms, and your electronic submissions and signatures, have the same legal effect as a handwritten signature under the U.S. E-SIGN Act and similar laws. You may withdraw consent to electronic communications by closing your account, recognizing that doing so may prevent your use of the Services.
22. Governing Law
These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules, and, where applicable, by the U.S. Federal Arbitration Act. Subject to Section 23, the state and federal courts located in New Castle County, Delaware will have exclusive jurisdiction over any dispute not subject to arbitration, and you consent to personal jurisdiction and venue in those courts.
23. Dispute Resolution; Binding Arbitration; Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND ARTEC TO RESOLVE DISPUTES THROUGH INDIVIDUAL BINDING ARBITRATION AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS OR REPRESENTATIVE ACTIONS.
Informal resolution. Before starting an arbitration or other proceeding, you and Artec agree to try to resolve the dispute informally for at least sixty (60) days after written notice of the dispute is provided (to Artec at [email protected]). Good-faith informal resolution is a condition precedent to commencing arbitration, and the deadline to file is tolled while the parties confer.
Binding arbitration. Except for the excluded claims below, any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its rules then in effect — the AAA Consumer Arbitration Rules where you are a Creator or consumer, and the AAA Commercial Arbitration Rules where you are a Client or business. The arbitration will be seated in Wilmington, New Castle County, Delaware, may proceed by written submissions, telephone, or videoconference where permitted, and the arbitrator's award may be entered as a judgment in any court of competent jurisdiction. The arbitrator has exclusive authority to resolve any dispute about the interpretation, applicability, enforceability, or formation of this arbitration agreement.
Class action and jury waiver. You and Artec agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, private-attorney-general, or representative proceeding. The arbitrator may not consolidate more than one person's claims or preside over any form of representative or class proceeding. You and Artec waive any right to a trial by jury.
Excluded claims; injunctive relief. Either party may (a) bring an individual claim in small-claims court if it qualifies, and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of its intellectual property or the unauthorized access to or use of the Services.
Your right to opt out of arbitration. You may opt out of this agreement to arbitrate by sending written notice to [email protected] within thirty (30) days after you first become subject to these Terms, stating your name, the email associated with your account, and a clear statement that you want to opt out of arbitration. Opting out affects only this arbitration agreement; the rest of these Terms continue to apply, and you and Artec will instead resolve disputes in the courts identified in Section 22.
Time to file; survival. To the maximum extent permitted by applicable law, any claim arising out of or relating to these Terms or the Services must be filed within one (1) year after the claim accrues, or it is permanently barred. If the class-action waiver is found unenforceable as to a particular claim, that claim (and only that claim) will be severed and may proceed in court, while all other claims remain in arbitration. This Section survives termination of these Terms.
24. Changes to These Terms
Artec may modify these Terms from time to time. If we make material changes, we will provide notice by posting the updated Terms on the Services and updating the "Last Updated" date, and, where appropriate, by additional notice. Changes are effective when posted unless stated otherwise. Your continued access to or use of the Services after changes become effective constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Services.
25. Miscellaneous
Entire agreement; severability. These Terms, together with the Privacy Policy, any applicable Additional Agreements, and any other terms expressly incorporated, are the entire agreement between you and Artec regarding the Services and supersede all prior agreements on that subject. If any provision is held invalid, illegal, or unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.
No waiver; assignment. Artec's failure to enforce any provision is not a waiver of its right to do so later. You may not assign or transfer these Terms or any rights or obligations under them without Artec's prior written consent, and any attempted assignment in violation of this Section is void. Artec may freely assign or transfer these Terms, in whole or in part, including in connection with a merger, acquisition, reorganization, or sale of assets.
Force majeure. Artec is not liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, governmental action, epidemics or pandemics, power or internet failures, and failures or changes of third-party platforms, payment processors, AI or data providers, or Social Platform APIs or policies.
Notices; relationship; headings; survival. Artec may provide notices to you electronically as described in Section 21; you may send notices to Artec at the contact below. Section headings are for convenience only and do not affect interpretation. Provisions that by their nature should survive termination — including Sections 1, 6–9, 13–23, and 25, and the non-circumvention, payment, indemnification, disclaimer, and limitation provisions of Parts II and III — survive.
Part II — Additional Terms for Brands and Agencies (Clients)
These additional terms apply to Clients and supplement Part I. Where they conflict with Part I, these terms control for Clients.
C1. Authority
You represent and warrant that you are authorized to act for, and to bind, the brand, business, or agency on whose behalf you use the Services, and that all information you provide about that organization is accurate. If you are an agency acting for multiple brands, you represent that you are authorized to act for each brand you manage through the Services and are responsible for their compliance with these Terms.
C2. Campaign Responsibility and Lawful Communications
You are solely responsible for your Campaigns, briefs, requirements, and all communications, invitations, and outreach you direct to any Creator, lead, or person through or as a result of the Services, whether by email, SMS, direct message, or other means. You represent and warrant that you have obtained and will maintain all rights, consents, and lawful bases required for such communications.
You will comply with all applicable laws and regulations governing communications, advertising, marketing, endorsements, and data protection, including without limitation the CAN-SPAM Act, the TCPA, the Telemarketing Sales Rule, the FTC Act and FTC endorsement guidelines, and applicable privacy and data-protection laws. You will defend and indemnify Artec under Section 19 for any claim arising out of or relating to your Campaigns or communications or any violation of this Section.
C3. Relationship Between Artec, Clients, and Creators
Artec is not a staffing agency, talent agency, or employer. Creators are independent contractors with respect to the Client for any Deal; they are not employees, agents, or contractors of Artec. No employment, agency, partnership, joint venture, or fiduciary relationship is created between Artec and any Client or Creator. You may not issue tax forms to, provide employee benefits to, withhold taxes for, or direct the payroll of any Creator through Artec.
Any Deal, statement of work, brief, or other arrangement between you and a Creator is solely between you and the Creator. Artec is not a party to it, does not guarantee any Creator's performance or any Deliverable, and disclaims all liability arising out of or relating to it. You are responsible for evaluating Creators and Deliverables and for your own compliance and brand-safety decisions.
C4. Wallet, Funding, Payments, and Authorization
You authorize Artec and its payment processor to store your payment method and to charge it (including on an off-session basis) for all amounts due, including subscription and service fees, Wallet funding and reserve top-ups, creator compensation and bonuses, Platform Fees, processing fees, taxes, chargebacks, reversals, and any other amounts you owe under these Terms or a Deal. You are responsible for maintaining a valid payment method and sufficient funds or reserve to cover your obligations.
You are responsible for funding all creator compensation. As the Client, you are solely responsible for funding all compensation, bonuses, and other amounts payable to Creators for your Campaigns and Deals, together with all applicable Platform Fees, processing fees, and taxes. You must fund and maintain a sufficient Wallet balance and reserve to cover these amounts, and you authorize Artec to charge your payment method (including off-session) and to automatically fund or top up your Wallet to any required level. If your Wallet is insufficient, your payment method fails or is declined, or a previously funded amount is reversed, charged back, or refunded, you remain liable for the resulting shortfall, and Artec may charge your payment method, set off other amounts, suspend your Campaigns, and pursue collection.
The Services may require you to pre-fund and maintain a Wallet balance or reserve to support creator compensation and related amounts, and may automatically fund or top up your Wallet to a required level. Amounts you fund into a Wallet or pay to Artec are non-refundable except where expressly stated in writing or required by law.
Artec acts only as your limited payment agent. Solely to facilitate payment, and without becoming a party to any Deal, Artec (through its payment processor) acts as your limited payment agent to receive the funds you provide and to disburse Creator compensation, net of Platform Fees, to Creators on your behalf. Your payment obligation to a Creator for a given amount is satisfied when the corresponding funds are received by Artec, as your agent, for disbursement to that Creator. Artec does not advance its own funds, does not guarantee or insure any payment to a Creator, and is not the payer of, or liable for, any amount you fail to fund; as between you and the Creator, you remain the party responsible for paying the Creator.
Deal terms; binding effect of Campaigns. The specific terms of each Campaign and Deal you create, configure, or fund through the Services — including the deliverables, compensation structure and amounts, measurement and view windows, revision and approval terms, and usage rights presented to Creators — together with these Terms and any applicable Additional Agreement constitute your agreement with each Creator who accepts that Campaign. You are bound by those deal terms, and you authorize Artec to administer them and to release the corresponding payouts, when you create and fund the Campaign and a Creator is engaged, without the need for a separate signature. You are responsible for reviewing the deal terms before you create or fund a Campaign.
No chargebacks. You agree not to initiate any chargeback, payment dispute, or reversal with your card issuer or bank for any amount properly charged under these Terms or a Deal, including funded Wallet amounts, Creator compensation you authorized, and Platform Fees. Initiating such a chargeback for a properly charged amount is a breach of these Terms. You authorize Artec and its payment processor to contest and seek reversal of any improper chargeback, to recover the disputed amount and related fees by re-charging your payment method or setting off other amounts, and to suspend your access for chargeback abuse. This does not limit your right to use the dispute and support processes Artec provides.
No escrow or fiduciary role. Artec does not act as an escrow agent, trustee, custodian, fiduciary, bank, or money transmitter, and amounts processed through the Services are not held in trust for any User and do not earn interest for you. Payments are processed by third-party payment processors (for example, Stripe), and your use of those services is subject to their terms. Artec is not responsible for acts, omissions, errors, or outages of any payment processor.
C5. Non-Circumvention
For any Creator you discover, are introduced to, or engage through the Services, you agree to contract with and pay that Creator exclusively through the Services for work sourced through the Services, during your use of the Services and for twelve (12) months afterward. You will not solicit or arrange off-platform payment or engagement, or otherwise circumvent the Services, in order to avoid Platform Fees.
Because actual damages from circumvention are difficult to calculate, you agree that each violation entitles Artec to liquidated damages equal to the greater of (a) US$2,500 per Creator per occurrence or (b) the Platform Fees Artec would reasonably have earned on the circumvented engagement over the twelve (12) months following the violation, in addition to any unpaid fees, as a reasonable estimate of Artec's loss and not a penalty. Circumvention may also result in immediate enforcement action, suspension, or termination, and Artec may pursue any other remedy available at law or in equity.
C6. Deliverables and Intellectual Property Transfer
Unless a Deal specifies otherwise, you have five (5) days after a Deliverable is made available to accept or reject it for failure to meet the agreed requirements; if you do not reject it within that window, it is deemed accepted. Upon your acceptance (or deemed acceptance) and full payment of all amounts due for the Deliverable, the rights in the Deliverable specified in the applicable Deal transfer to or are licensed to you on the terms of that Deal.
The scope of rights you receive in any Deliverable is defined by the applicable Deal between you and the Creator, not by Artec. Artec makes no representation or warranty regarding the originality, ownership, non-infringement, clearance, or fitness of any Deliverable, and is not responsible for a Creator's failure to deliver or for any defect in a Deliverable. You are responsible for confirming you have the rights you need before using any Deliverable, including for paid advertising.
C7. Creator Outreach and Use of Marketing Intelligence
When you use Marketing Intelligence — including discovered creators, leads, competitor data, or advertisement data — you are the party that determines the purposes and means of your use of that data, and you are solely responsible for that use and for any outreach you conduct, as described in Section 7. You represent and warrant that you have a lawful basis for any communication you send and that you will comply with all applicable communications, advertising, privacy, and publicity laws and with each Social Platform's terms. You will defend and indemnify Artec under Section 19 for any claim arising out of your use of Marketing Intelligence or related outreach.
C8. Subscriptions and Billing
Some features require a paid subscription. Unless otherwise stated, subscriptions renew automatically for successive periods at the then-current rate until canceled, and you authorize Artec to charge your payment method for each renewal. You may cancel future renewals through your account or as otherwise provided; cancellation takes effect at the end of the current billing period. Except where required by law or expressly stated in writing, subscription and other fees are non-refundable and are not prorated, and Artec may change its fees and plans on a prospective basis with notice.
C9. Advertising and Content Compliance
You are solely responsible for ensuring that your Campaigns, briefs, and any use of Deliverables (including as paid advertising on any Social Platform) comply with all applicable laws and with the advertising and disclosure policies of each Social Platform, including required disclosures of paid or sponsored content and FTC endorsement guidelines. Artec is not responsible for the legality, clearance, or compliance of your Campaigns, advertisements, or use of Deliverables.
C10. Publicity
Unless you opt out by written notice to Artec, you grant Artec a non-exclusive, royalty-free license to use your name, brand name, and logo to identify you as a customer of Artec in case studies, customer lists, and marketing materials, consistent with any brand guidelines you provide.
Part III — Additional Terms for Creators
These additional terms apply to Creators and supplement Part I. Where they conflict with Part I, these terms control for Creators.
W1. Creator Eligibility and Verification
To use creator features and receive payouts, you must complete the required onboarding, identity verification, tax, and payment-account setup, including onboarding with our payment processor (for example, Stripe Connect). You must provide accurate information and keep it current, and you authorize Artec and its processor to verify your identity and eligibility. Artec may decline, suspend, or revoke creator access or payout eligibility at its discretion.
W2. Independent Contractor Status
You are an independent contractor with respect to any Client for whom you perform a Deal. You are not an employee, agent, partner, or contractor of Artec, and Artec is not your employer. You control the manner, means, methods, timing, and tools by which you perform, subject only to the requirements of a Deal and applicable law. You are solely responsible for your own taxes, withholdings, insurance, and business expenses, and you acknowledge that Artec does not provide you with employment benefits or workers' compensation.
Any Deal between you and a Client is solely between you and that Client. Artec is not a party to it and disclaims all liability arising out of or relating to it. Nothing in these Terms creates any fiduciary duty or special relationship between Artec and you.
W3. Compliance
You will comply with all Campaign briefs and requirements, the terms and community guidelines of each Social Platform, FTC endorsement and disclosure requirements (including clearly and conspicuously disclosing paid or sponsored content and material connections), and all other applicable laws. You will not post content that is unlawful, infringing, deceptive, or harmful, and you will not misrepresent your audience, engagement, or results.
W4. Creator Content License
You grant Artec a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, display, reproduce, and use your creator profile, your linked-account information and metrics, your portfolio, and your submitted content as needed to operate and provide the Services, administer Campaigns and Deals, match you with Clients, and promote the Services and the marketplace. This license does not transfer ownership of your content and is in addition to any rights you grant a Client under a Deal.
W5. Deliverables; Intellectual Property
Upon a Client's acceptance (or deemed acceptance) of a Deliverable and full payment of the amounts due for it, the rights in that Deliverable specified in the applicable Deal vest in the Client. To the extent a Deal so provides, you assign, or grant Artec the right to assign on your behalf to the Client, the specified rights in the Deliverable, and you waive any moral rights to the extent permitted by law. Any pre-existing or background intellectual property you use remains yours, but you grant the licenses necessary for the Client to use the Deliverable as contemplated by the Deal.
You represent and warrant that you have all rights necessary to grant the foregoing and that each Deliverable is either original to you or properly licensed.
W6. Payments and Payouts
Payouts are processed through third-party payment processors designated by Artec, and you must complete all required onboarding, identity verification, tax, and compliance steps to receive them. Platform Fees and other amounts may be deducted from amounts payable to you as disclosed, and the applicable fee rate may be fixed at the time you enter a Deal. Artec does not guarantee payment for any Deliverable and is not responsible for a Client's failure or refusal to pay.
Artec may, in its sole discretion, delay, withhold, suspend, set off, or reverse any payout if: (a) a Client disputes or rejects the applicable Deliverable within the acceptance or dispute window; (b) the Client's payment fails, is reversed, or is subject to a chargeback; (c) Artec reasonably suspects fraud, abuse, fake or purchased views or engagement, undisclosed paid promotion, violation of these Terms, or infringement of third-party rights; (d) the applicable content is removed, deleted, made private, or otherwise fails to meet Campaign requirements; or (e) such action is required by law, a payment processor, or a Social Platform's policy.
To the maximum extent permitted by law, your sole remedy for non-payment of amounts owed under a Deal is against the applicable Client, subject to Artec's dispute-resolution processes, and not against Artec. You acknowledge that a Client may request removal or modification of a Deliverable after publication for legal, compliance, or brand-safety reasons, and you agree to cooperate reasonably.
W7. Non-Circumvention
For work sourced through the Services, you will transact and accept payment exclusively through the Services, and you will not accept or solicit off-platform payment or engagement to avoid Platform Fees, during your use of the Services and for twelve (12) months afterward. Violations may result in forfeiture of unpaid amounts, account suspension or termination, and legal action, and Artec may pursue any other remedy available at law or in equity.
W8. Creator Warranties
You represent and warrant that each Deliverable and your conduct:
Is original to you or properly licensed, and does not infringe, misappropriate, or violate any third party's intellectual property, privacy, or publicity rights;
Complies with all applicable disclosure, endorsement, and advertising laws and with each Social Platform's terms;
Reflects genuine, authentic activity and does not involve fake, purchased, automated, or incentivized views, engagement, or followers, or any undisclosed paid promotion not authorized by the Deal; and
Is accurate and not deceptive, defamatory, or otherwise unlawful.
W9. Artec Score and AI Analysis
Artec uses proprietary algorithms and AI Features to generate creator scores (including the Artec Score), content-quality scores, and analyses. These are automated estimates produced at Artec's sole discretion, may change over time, and do not guarantee any score, ranking, selection, payment, payout, or result. AI analysis and feedback are provided for informational purposes only and are subject to Section 6.
W10. No Guarantee of Work
Artec does not guarantee that you will be selected for any Campaign, receive any minimum amount of work, income, or opportunities, or earn any particular amount. Campaign availability and Client decisions are outside Artec's control.
W11. Enforcement
Artec may remove content, withhold or reverse payouts as described above, limit features, and suspend or terminate your account to enforce these Terms or protect the Services, other Users, or third parties, at its discretion and without liability.
Contact
Questions about these Terms may be directed to:
Artec Labs Inc.
c/o Northwest Registered Agent Service, Inc.
8 The Green, Suite B
Dover, DE 19901, USA
All inquiries (general, legal, copyright/DMCA, and privacy): [email protected]