Artelo Terms of Service

Effective as of February 5th, 2025
Welcome to Artelo, a premier print on demand service. By using our services, you agree to the following terms and conditions. Please read them carefully.

General Terms and Conditions

1. Copyright and Trademark Policy

User Responsibility: You, the user, are solely responsible for any art or content you upload to Artelo. This includes ensuring you have the rights and permissions for any copyrighted or trademarked material. Artelo is not responsible for infringing copyright or trademark laws related to your uploaded content.

No Liability for Artelo: Using our service, you agree not to hold Artelo liable for any infringement claims related to the art or content you upload.

2. Prohibited Content

Restrictions: You are prohibited from uploading any art or content that violates copyright or trademark laws, contains pornographic material, or is in any way illegal.

Artelo’s Rights: Artelo reserves the right to review and reject any content you upload. At our sole discretion, we may refuse to print any content we deem inappropriate or illegal.

3. Product Liability

No Responsibility for Damages: Artelo is not responsible for any damages, losses, or adverse effects that may result from using our products. This includes but is not limited to, damages or losses related to damaged or lost products.

User Acknowledgment: By using our service, you acknowledge that Artelo shall not be liable for any claims, damages, or liabilities arising from using our products.

4. Service Usage

Right to Refuse Service: Artelo reserves the right to refuse service to anyone at any time for any reason. This includes the right to remove users from our platform.

Account Termination: Artelo may, at its discretion, terminate or suspend your account for any breach of these terms, illegal activities, or actions that violate our content policies.

5. Modification of Terms

Changes to Terms: Artelo reserves the right to modify these terms at any time. We will notify users of significant changes and post the revised terms on our website.

Continued Use: Your continued use of our services after any changes signifies your acceptance of these changes.

6. Governing Law

Jurisdiction: These terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Artelo operates, without regard to its conflict of law provisions. That Jurisdiction is Florida, United States.

7. No Agency

No agency, partnership, joint venture, or franchise relationship is implied, intended or created by these Terms.

8. Indemnifications

The Customer is solely responsible for (i) handling any third-party claims alleging that the use of User Content infringes a third party's right and (ii) any claims or investigations from government or authorities alleging that the User Content violates applicable law. The Customer shall indemnify and defend Artelo and its officers, shareholders, employees, agents, directors, Affiliates, assignees, sub-contractors, and licensors against any reasonable costs or losses (including but not limited to damages, fines, and legal costs) incurred in connection with any claim or investigation of any kind made by any third party arising from or related to (a) an allegation that the use of the User Content infringes a third party's rights or violates applicable law, (b) Customer’s or its Affiliates’ use of the Platform in a manner not authorized by this Agreement, or (c) any other breach by this Agreement by Customer or its Affiliates. Artelo is solely responsible for handling any third-party claims alleging that the use of the Platform or the Services in accordance with the Agreement infringes a third party's right. Artelo shall indemnify and defend the Customer against any reasonable costs or losses (including but not limited to damages, fines, and legal costs).

Incurred by the Customer in connection with any claim or investigation made by any third party arising from or related to (a) any claim that the use of the Platform or the Services in accordance with the Agreement infringes a third party's rights. If any third party asserts a claim concerning any matter for which a Party ("Indemnified Party").

Is entitled to indemnification pursuant to the Agreement, such Indemnified Party shall (i) promptly notify the other party (the "Indemnifying Party") in writing of the claim, (ii) allow the Indemnifying Party to control, and cooperate with the Indemnifying Party in the defense, (iii) not enter into a settlement without the Indemnifying Party's prior written consent, and (iv) use reasonable efforts to limit the costs and losses. In each case, the Indemnifying Party shall notify the relevant third party that the relevant claims or investigations solely are the Indemnifying Party's responsibility and not the responsibility of the Indemnified Party.

9. Artelo User Content Responsibility and Indemnification Clause

Handling Third-Party Claims: Addressing any claims by third parties that allege the content you upload and use via our service infringes upon their rights.

Compliance with Laws: Managing any assertions or inquiries from government or regulatory bodies that your content violates applicable laws.

In such events, you are obligated to indemnify and defend Artelo, including its staff, shareholders, agents, directors, affiliates, assignees, subcontractors, and licensors, against any reasonable expenses or losses. These may include, but are not limited to, damages, fines, and legal fees incurred due to:

a.

Claims or investigations suggesting that your content infringes third-party rights or violates laws.

b.

Your use of Artelo’s platform in a manner inconsistent with this Agreement.

c.

Any breaches of this Agreement by you or your affiliates.

Conversely, Artelo will handle and take responsibility for any third-party claims alleging that the use of our platform or services, per the Agreement, infringes on a third party's rights. Artelo will indemnify and defend you against costs or losses incurred due to such claims, including damages, fines, and legal fees.

In case of any third-party claims relevant to matters where indemnification is warranted under this Agreement, the party entitled to indemnification ("Indemnified Party") must:

a.

Promptly inform the other party ("Indemnifying Party") in writing about the claim.

b.

Allow the Indemnifying Party to control the defense and cooperate with them.

c.

Not settle any claim without the prior written consent of the Indemnifying Party.

d.

Endeavor to mitigate costs and losses reasonably.

In each instance, the Indemnifying Party will communicate to the concerned third party that the claims or investigations are solely the responsibility of the Indemnifying Party and not the Indemnified Party.

10. Intellectual Property

Artelo provides you, the customer, with a limited right to access and use our platform solely to use our services. This platform contains intellectual property and materials such as software, trademarks, and graphics, which are the property of Artelo, its affiliates, or its licensors. You are granted no rights to this property or material beyond what is explicitly outlined in this Agreement.

As a customer, you agree not to use the platform for purposes other than those permitted by the Agreement. You will refrain from copying, renting, leasing, selling, distributing, reverse engineering, creating derivative works, or tampering with such property or materials' security measures or operations.

The platform may include open-source software, which is licensed under the terms of the applicable open-source license. Artelo may also provide plug-ins that facilitate the transfer of files or content from certain third-party software programs on your equipment to our platform. However, Artelo does not license or authorize your use of such third-party software, and you must have a separate agreement with the licensor of such software for its use.

You represent and warrant that you own or have all necessary rights to upload, reproduce, create derivative works from, print, distribute, and otherwise use your uploaded content as required for our services. You grant Artelo a royalty-free, revocable, worldwide, non-exclusive, and sublicensable right to store, reproduce, create derivative works from, print, distribute, and otherwise use your uploaded content solely to provide services in accordance with this Agreement.

11. Artist's Copyright and Usage Rights

Copyright Retention by Artist: Notwithstanding any other provision of these Terms of Service, the artist (hereinafter referred to as "Artist") retains all copyright ownership and intellectual property rights in and to the art that the Artist uploads to the Artelo platform. Nothing in this Agreement shall be construed as transferring or assigning any such intellectual property rights from the Artist to Artelo.

Limited License to Artelo: The Artist grants to Artelo a limited, non-exclusive, non-transferable, and revocable license to print, fulfill orders, and otherwise utilize the uploaded art solely for the purpose of providing the services offered by Artelo in accordance with the Artist's instructions and as outlined in this Agreement. This license is restricted to the operational scope necessary for Artelo to perform these services and does not extend beyond such use.

Prohibition on Unauthorized Use: Artelo shall not, under any circumstances, resell, reproduce, sublicense, distribute, or otherwise commercially exploit the Artist's art for its own benefit or for the benefit of any third party, including but not limited to under any private label brand, separate entity, or any other means not explicitly associated with the Artist's Artelo account. Artelo acknowledges that such unauthorized use would constitute a material breach of these Terms of Service and would infringe upon the Artist's copyright.

Production and Fulfillment Services

12. Order Processing and Approval

Artwork Submission Requirements

a.

The Customer is responsible for providing digital artwork files (“Artwork”) that strictly comply with Artelo’s technical and formatting specifications, including (but not limited to) file format, resolution, color profiles, and bleed or margin settings.

b.

The Customer represents and warrants that all necessary rights, licenses, and permissions have been obtained for the Artwork submitted, including any copyrighted, trademarked, or otherwise protected content.

No Proof or Preview

a.

By default, Artelo does not provide proofs, mock-ups, or pre-production samples. Unless the Customer explicitly designates “Require manual approval for orders,” the order will be automatically approved for production.

b.

The Customer expressly agrees that the Artwork submitted shall be deemed final. Artelo is not liable for any typographical errors, color mismatches, layout mistakes, or other design inconsistencies contained in the submitted Artwork.

Manual Approval Option

a.

If the Customer designates “Require manual approval for orders,” Artelo will generate an Order Confirmation detailing production parameters, estimated timelines, and shipping details. The Customer must then manually confirm the Order before Artelo proceeds with production.

b.

Failure to provide manual approval (or to confirm modifications after a remediation request) in a timely manner may result in production delays or cancellation of the order, at Artelo’s sole discretion.

Automatic Approval

a.

For orders not marked as requiring manual approval, production will commence immediately upon Artelo’s acceptance of the Artwork.

b.

The Customer waives any right to alter, retract, or cancel the submitted Artwork once production has begun under automatic approval.

13. File Verification and Remediation Process

Initial Review

a.

Artelo reserves the right, at its sole discretion, to review the submitted Artwork for major technical issues (e.g., corrupt files, incomplete uploads, or significantly improper resolution) that might produce an unsatisfactory final product.

b.

Such a review is cursory and does not constitute a thorough proofing process. Artelo does not assume responsibility for errors that are not flagged during this review.

Remediation and Customer Responsibilities

a.

If Artelo identifies any significant issue that could materially affect production quality or violate content restrictions, Artelo will promptly notify the Customer in writing (e.g., via email or platform notification).

b.

The Customer must provide a revised file that meets Artelo’s specifications within the timeframe specified by Artelo.

c.

Any delay in providing an acceptable replacement file may lead to adjusted production timelines or order cancellation. Artelo shall not be liable for losses or damages resulting from such delays or cancellations.

14. Production Timeline and Quality Assurance

Estimated Production Timeline

a.

Artelo will typically commence production within (e.g., 1-3 business days) from the date the order is approved (either manually or automatically). This timeframe is an estimate and may vary due to order volume, Artwork complexity, equipment availability, or unforeseen operational constraints.

Quality Standards

a.

Artelo is committed to high-quality production standards. However, minor color variations, material differences, or size tolerances may occur in the printing process and shall not be deemed defects.

b.

If the Customer believes a delivered product is defective due to a production error by Artelo, the Customer must notify Artelo in writing within 10 business days of receipt. Artelo will investigate the claim and may, at its discretion, reprint, replace, or refund the defective item if the defect is confirmed to be the result of Artelo’s error.

Color Variations and Monitor Calibration

a.

The Customer acknowledges that color discrepancies between digital screens and printed products are common due to differences in monitor calibration, paper stock, inks, and printing processes.

b.

Artelo disclaims liability for minor color variations that do not substantially diminish the overall appearance of the printed product.

15. Shipping and Delivery

Fulfillment Process

a.

Once production is completed, Artelo will package and ship the finished products directly to the shipping address provided by the Customer at checkout.

b.

The Customer is responsible for ensuring the accuracy of the shipping address. Artelo is not liable for misdeliveries or losses arising from incorrect or incomplete addresses.

Carrier Selection and Liability

a.

Artelo ships orders via third-party carriers (e.g., UPS, FedEx, USPS, or other local/international carriers). Artelo may select the carrier at its discretion, unless otherwise agreed in writing with the Customer.

b.

For tracked shipments, Artelo bears the risk of loss or damage until the carrier scans the package as accepted. Thereafter, all risk and liability transfer to the Customer. For untracked shipments, risk and liability transfer upon Artelo’s handoff of the package to the carrier.

Estimated Delivery Times

a.

Delivery estimates displayed at checkout or in the Customer’s order confirmation are approximate and not guaranteed. Artelo is not responsible for delays caused by carriers, customs, natural disasters, or other external factors beyond its control.

b.

Here customs clearance procedures are required, the Customer is solely responsible for any related delays, import duties, VAT, or other applicable fees.

16. Order Modifications and Cancellations

Modification Window

a.

The Customer may request changes to an order (including changes to the Artwork or shipping details) only prior to production commencement.

b.

Once production has begun, no further modifications can be made, and the Customer shall be responsible for the full order amount.

Cancellation Policy

a.

The Customer may request a cancellation before production commences. If the order has not yet entered the production queue, Artelo will issue a full or partial refund (minus any applicable administrative or material costs).

b.

If production has already started, the order cannot be canceled or refunded, except in cases where Artelo, at its sole discretion, elects to allow a partial refund to cover raw material costs and production expenses incurred.

17. Returns, Refunds, and Replacement Policy

Non-Returnable Nature of Custom Products

a.

As a print-on-demand service, all products are custom-made according to the Customer’s submitted Artwork. Unless there is a confirmed defect due to Artelo’s error, products are non-returnable and non-refundable.

Defective Products

a.

If the Customer receives a product with defects directly caused by Artelo’s manufacturing or printing process, the Customer must notify Artelo within 15 business days of receipt, describing the defect and providing photographic or other supporting evidence.

b.

Upon verification of the defect, Artelo may, at its discretion, offer a reprint, replacement, or refund. The scope of any refund shall be limited to the purchase price (and, where applicable, shipping fees).

Damaged or Lost Shipments

a.

If a tracked shipment is confirmed lost or arrives damaged in transit, the Customer must report such damage or loss to both the carrier and Artelo within the carrier’s claim window.

b.

Artelo will assist in filing a claim with the carrier but is not liable for any carrier-related losses or damages unless otherwise mandated by local law.

18. Force Majeure

Events Beyond Control

a.

Artelo shall not be liable for any delays, failures in performance, or interruptions of service resulting directly or indirectly from acts of God, governmental actions, pandemics, war, riot, civil disturbance, sabotage, labor shortages, supplier or material shortages, embargo, strikes, or other causes beyond Artelo’s reasonable control.

b.

Where such force majeure events occur, Artelo’s obligations under these Terms shall be suspended for the duration of the event. Artelo will make all reasonable efforts to mitigate the impact of such events on order production and fulfillment.

19. Disclaimers Specific to Production and Fulfillment

Accuracy of Customer Information

a.

The Customer warrants that all information (including shipping addresses, contact details, and order specifications) is accurate and up to date. Artelo shall not be liable for any issues arising from inaccurate or incomplete Customer information.

Limitation of Liability

a.

Except as otherwise stated in the General Terms of Service, Artelo’s liability under the Production and Fulfillment Services section shall be limited to the cost of the specific order in dispute, excluding indirect, incidental, or consequential damages.

Acceptance of Risk

a.

By submitting an order, the Customer acknowledges and accepts that print-on-demand products may vary slightly from any digital depiction. Minor color variations, format changes, and standard printing tolerances shall not constitute a breach of these Terms.

20. Right to Adjust Pricing

Artelo reserves the right to modify, revise, or adjust the prices of our products, services, shipping charges, or any other related fees at any time and for any reason, without prior notice. Such changes may be due to factors including (but not limited to) market conditions, fluctuations in material or operating costs, promotional considerations, or strategic business decisions.

Notice of Changes

a.

Optional Customer Notification: While Artelo may, at its discretion, provide notice (e.g., via email or an announcement on our platform) of upcoming price adjustments, we are under no legal obligation to do so.

b.

Binding Effect: Any revised prices become effective immediately upon posting to our website or upon inclusion in any formal quote or invoice unless otherwise stated in writing.

Orders in Progress

a.

Existing Confirmed Orders: Price changes generally will not retroactively affect confirmed orders which have already entered production.

b.

Pending or Unconfirmed Orders: If an order has not yet been confirmed, Artelo may apply the new pricing in its sole discretion.

Promotional Pricing

a.

Limited-Time Offers: Any promotional or introductory pricing offered by Artelo is valid only for the period specified. Once the promotion ends, standard or updated pricing shall apply.

b.

Discounted or Special Rates: Artelo reserves the right to discontinue or modify discounted rates or other pricing structures at any time without liability, provided that no orders already in production are adversely affected.

Contact

21. Contact Us

Questions or Concerns: If you have any questions or concerns about these terms, please contact us at info@artelo.io.

By using Artelo, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
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