Terms of Service

1. Services and Support

1.1 The Services are provided subject to the following terms and conditions and any operating policies that ArtHelper.ai may establish (the "Agreement"). ArtHelper.ai may make changes to this Agreement, and continued use of the Service constitutes Customer's acceptance of any such changes. In addition, when using particular ArtHelper.ai services, Customer and ArtHelper.ai shall be subject to any posted guidelines or rules applicable to such Services that may be posted from time to time.

1.2 The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, please do not use the Services.

1.3 Upon registration of a new account, customer will provide their information to use the Services. Customer will provide true, accurate, current, and complete information about Customer, and will update the information to keep it current. As part of the registration process, Customer will identify an e-mail address and choose a password, or modify a default password, for Customer's ArtHelper.ai account. Customer is responsible for maintaining the security of the Customer account, passwords, and files, and for all uses of Customer's account and of the Services in Customer's name. ArtHelper.ai reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.

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2. Restrictions and Responsibilities

2.1 This is an Agreement for Services, and Customer is not granted a license to any software by this Agreement. Customer will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying files, assets, structure, ideas, or algorithms of the Services or any software, documentation, marketing tactics, business or marketing lessons, how-to videos or articles, educational material or data related to the Services. Customer will not attempt to modify, translate, create, give away, plagiarize, or sell derivative works based on the Services or the Software; copy (except for archival purposes), distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software.

2.2 This is an Agreement for Services, and Customer is not granted any ownership to any ArtHelper.ai design, code, marketing tactics, business or marketing lessons, how-to videos or articles, educational material, or any other elements provided by ArtHelper.ai per this Agreement. Customer is also not granted a license to any ArtHelper.ai Website Design (“Designs”) by this Agreement. Customer will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Services or any software, documentation, or data related to the Services. Customer will not attempt to modify, translate, plagiarize, create, give away, or sell derivative works based on the Services; or copy (except for archival purposes), distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Designs.

2.3 Use of Generative AI Tools

(a) ArtHelper.ai employs generative AI tools supplied by third-party providers to deliver its Services. These tools are used exclusively for commercial purposes and are designed to generate content for the Customer's direct use.

(b) ArtHelper.ai affirms that it does not use Customer-uploaded images or data to train any artificial intelligence models, whether proprietary or third-party. Third-party AI models utilized in the Services are configured to operate in ways that do not index or incorporate Customer data into their training datasets.

(c) In the event that ArtHelper.ai integrates any AI tool or model that does not explicitly default to excluding user data from training or indexing, the Company will require the Customer’s express opt-in before such tools or models are used in connection with the Customer’s data.

(d) Customers retain all rights to the images and data they upload to the platform, and ArtHelper.ai only uses such data for the express purpose of delivering the Services outlined in this Agreement.

(e) While ArtHelper.ai uses commercially reasonable efforts to ensure these protections are in place, the Customer acknowledges that third-party AI providers may apply their own terms of service and policies, which ArtHelper.ai does not control.

(f) The Customer acknowledges generative AI tools are prone to inaccuracies, errors, and hallucination, and the Customer is advised to review and edit the output as necessary.

2.4 Customer represents, covenants, and warrants that Customer will use the Services only in compliance with ArtHelper.ai's privacy policies as published below or otherwise furnished to Customer (the "Policy") and all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation). Customer may not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited e-mail to any third party. Customer hereby agrees to indemnify and hold harmless ArtHelper.ai against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys fees) in connection with any claim or action that arises from an alleged violation of the foregoing. Although ArtHelper.ai has no obligation to monitor the content provided by Customer or Customer's use of the Services, ArtHelper.ai may do so and may remove any such content or prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.

2.4 For every e-mail message sent in connection with the Services, Customer acknowledges and agrees that the recipient has agreed to receive such communication and that Customer shall not engage in the act of sending unsolicited emails.

2.5 In using the varied features of the Services, Customer may provide information (such as name, contact information, or other registration information) to ArtHelper.ai. ArtHelper.ai may use this information and any technical information about Customer's use of this web site to tailor its presentations to Customer, facilitate Customer's movement through this web site, or communicate separately with Customer. ArtHelper.ai will not provide information to companies Customer has not authorized, and ArtHelper.ai will not permit the companies that get such information to sell and redistribute it without Customer's prior consent.

2.6 In using the varied features of the Services, Customer may upload artistic images for sale on its website. ArtHelper.ai may, from time to time, post such images to its social media accounts in effort to provide exposure for the images and/or utilize such images in other marketing collateral. If Customer wishes to not participate in this, Customer may opt out by notifying the Company in writing.

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3. Your Subscription

Your subscription to the Services will commence on the day that you have made payment for the Services or when you first use the Services. Subscriptions last for a fixed period of time, for example, 1 year. (the “Subscription Period”). A subscription is associated with the plan you selected at the time of purchase (i.e. “Platinum”) and not any other plan or subscription.

If you decide to change your plan, you will be purchasing a new subscription. The start date for the new subscription will commence on the day you purchased this new subscription, and the old subscription will be canceled.

Subscriptions cannot be exchanged or transferred in any way whatsoever. Furthermore, the specific features or allotments of any given subscription cannot be transferred to another subscription. 

Unless You designate otherwise in Your Account preferences, Your subscription will automatically renew at the end of the Subscription Period and ArtHelper.ai will charge the credit card associated with Your Account. If You cancel a subscription, ArtHelper.ai is not obligated to refund subscription charges already paid. Cancellation will take effect at the end of the current Subscription Period. After cancellation, You will no longer be able to access or use any Services. Your subscription will automatically terminate or expire upon the earlier of (1) non-renewal, cancellation or expiration of a subscription or failure to pay subscription fees when due, if applicable, (2) ArtHelper.ai’ discontinuation of the Services, or (3) failure to comply with these Terms. You acknowledge and agree that ArtHelper.ai’ policy is to automatically terminate Your Account and access to the Services, and automatically purge all backed up files in Your Account after non-renewal, termination or expiration of Your Subscription Period to the Services and that it is solely Your responsibility to secure another source for Your website needs.

ArtHelper.ai may designate certain enhancements and new releases of the ArtHelper.ai Services as “Beta Services.” Beta Services are not intended for use in a production environment. You acknowledge and agree that (1) Beta Services are experimental in nature, have not been fully tested and may be discontinued at any time, (2) Beta Services may not meet Your requirements or perform as intended, (3) use of Beta Services may not be uninterrupted, error free or free of faults, (4) Your use of Beta Services are for the sole purpose of evaluating and testing the service and providing feedback to ArtHelper.ai, and (5) You shall inform Your employees, staff members and other users regarding the nature of Beta Services. By using Beta Services You acknowledge the above conditions and expectations of performance and reliability. Your use of Beta Services is and shall be subject to these Terms.

ArtHelper.ai may offer free Services

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4. Termination

4.1 Customer may terminate this Agreement at any time by cancelling their account within their control panel or by calling or emailing customer service. If cancelling by calling or emailing, Customer must receive some form of written confirmation that explicitly states that the Customer account has been cancelled.

4.2 ArtHelper.ai may terminate this Agreement or the Services at any time with or without cause, and with or without notice. ArtHelper.ai shall have no liability to Customer or any third party because of such termination.

4.3 Upon termination for any reason, ArtHelper.ai may delete any Customer archived data within 30 days after the date of termination. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, warranty disclaimers and limitations of liability.

4.4 Upon termination by Customer, Customer will not be entitled to any pro-rated refunds on any payments made prior to termination. The Services will still be available for Customer to use until the end of the Subscription period.

5.  Warranty Disclaimer

CUSTOMER USES THE SERVICES AT ITS OWN RISK. ARTHELPER.AI DOES NOT WARRANT THAT (A) THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (B) THE CONTENT GENERATED USING THE SERVICES WILL NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, OR THAT CUSTOMER’S USE OF THE SERVICES WILL ACHIEVE ANY SPECIFIC RESULTS OR MEET CUSTOMER’S  EXPECTATIONS.  THE SERVICES ARE PROVIDED "AS IS" AND ARTHELPER.AI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

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6.  Limitation of Liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR PERSONAL INJURY OR DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY PROXIMATELY CAUSED BY ARTHELPER.AI, ARTHELPER.AI AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND PROPERTY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS, AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY ACTION IN CONTRACT, TORT, OR OTHERWISE, EVEN IF ARTHELPER.AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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7.  Export of Services or Technical Data

Customer may not remove or export from the United States of America or allow the export or re-export of the Services, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country.

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8.  Miscellaneous

8.1 If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

8.2 Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein.

8.3 No agency, partnership, joint venture, or employment is created as a result of this Agreement, and Customer does not have any authority of any kind to bind ArtHelper.ai in any respect whatsoever.

8.4 In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover its costs and attorney’s fees.

8.5 This Agreement shall be governed by the laws of the State of Texas in the United States of America without regard to its conflict of laws provisions.

8.6 We reserve the right to modify our pricing and we will notify you by email when this occurs.

8.7 Profanity. Profanity or profane subject matter in the site content, in the domain name, or in written or video form as a member of the community, are prohibited and could result in immediate termination.

8.8 Private Information and Images. Customers may not post or disclose any personal or private information about or images of children or any third party without the consent of said party (or a parent's consent in the case of a minor).

8.9 Violations of Intellectual Property Rights. Any violation of any person's or entity's intellectual property rights, rights of privacy, rights of publicity or other personal rights is prohibited. ArtHelper.ai is required by law to remove or block access to content appearing on or through the Services upon receipt of proper notice of copyright infringement (see "Copyright Infringement Notice Information" below).

8.10 Misrepresentation of Transmission Information. Forging, misrepresenting, omitting, or deleting message headers, return mailing information and/or Internet protocol addresses to conceal or misidentify the origin of a message is prohibited.

8.11 Viruses and Other Destructive Activities. Use of the Services for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any Customer to engage in other activity that is intended to disruptor interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Services (or any connected network, system, service or equipment) or conduct their business over the Internet.

8.12 Hacking. "Hacking" and related activities are prohibited. "Hacking" includes, but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in hacking.

8.13 Anonymous Proxies. ArtHelper.ai does not allow the use of anonymous proxy scripts on its servers. They can be very abusive to the server resources, affecting all users on that server.

8.14 Export Control Violations. The exportation of encryption software outside of the United States of America and/or violations of American law relating to the exportation of software is prohibited. Customer may not export or transfer, directly or indirectly, any regulated product or information to anyone outside the United States of America without complying with all applicable statues, codes, ordnances, regulations, and rules imposed by American federal, state or local law, or by any other applicable law.

8.15 Child Pornography. The use of the Services to store, post, display, transmit, sell, advertise or otherwise make available child pornography is prohibited. ArtHelper.ai is required by law to, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the Services.

8.16 Other Illegal Activities. The use of the Services to engage in any activity that is determined by ArtHelper.ai, in its sole and absolute discretion, to be illegal is prohibited. Such illegal activities include, but are not limited to, storing, posting, displaying, transmitting, selling or otherwise making available Ponzi or pyramid schemes, fraudulently charging credit cards or displaying credit card information of third parties without their consent, and failure to comply with applicable on-line privacy laws. ArtHelper.ai will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services.

8.17 No Solicitation. As a member of the ArtHelper.ai Community, Customer should not directly or indirectly solicit other Customers. Customer is strictly prohibited from offering or selling products or services within the ArtHelper.ai community unless consent was explicitly provided by ArtHelper.ai in writing for each specific product or service.. Soliciting Customers could result in immediate termination.

8.19 Other Activities. Engaging in any activity that, in ArtHelper.ai' sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the Services, ArtHelper.ai' business, operations, reputation, goodwill, Customers and/or Customer relations, or the ability of ArtHelper.ai' Customers to effectively use the Services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate these Terms. In addition, the failure of Customer to cooperate with ArtHelper.ai in correcting or preventing violations of these Terms by, or that result from the activity of, a customer, patron, subscriber, invitee, visitor, or guest of the Customer constitutes a violation of these Terms by Customer.

8.20 COPYRIGHT NOTICE INFRINGEMENT INFORMATION. In accordance with the Digital Millennium Copyright Act, ArtHelper.ai has adopted a policy that provides for termination of websites powered by ArtHelper.ai that are found to infringe on copyrights of third parties. If a copyright holder believes that there has been a violation of his or her copyright on a website that is powered by ArtHelper.ai or an ArtHelper.ai subsidiary, and the copyright holder wants ArtHelper.ai to remove the website or disable the material in question, ArtHelper.ai will remove the website or disable the material if the copyright holder provides us with all of the following information.

8.21 Prohibited Offerings. No Customer may utilize the Services to provide, sell or offer to sell the following: replica or products; controlled substances; illegal drugs and drug contraband; weapons; pirated materials; instructions on making, assembling or obtaining illegal goods or weapons to attack others; information used to violate the copyright(s) of, violate the trademark(s) of or to destroy others' intellectual property or information; information used to illegally harm any people or animals; pornography, nudity, sexual products, programs or services; escort services or other content deemed adult related. A signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. Identification of the copyrighted work that is claimed is being infringed, or, in the case of claimed infringement of multiple copyrighted works, a representative list of such works.

Identification of the material that is claimed to be infringing or is the subject of infringing activity and that should be removed or access to which should be disabled, with information reasonably sufficient to permit us to locate the material.

Information reasonably sufficient to permit us to contact the person giving the notification, such as an address and telephone, and, if available, an electronic mail address at which such person may be contacted.

A statement that the person giving the notification has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

A statement that the information in the notification is accurate, and under penalty of perjury, that the person giving the notification is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

8.22 Backups. For its own operational efficiencies and purposes, ArtHelper.ai from time to time backs up data on its servers, but is under no obligation or duty to Customer to do so under these Terms. IT IS SOLELY CUSTOMER'S DUTY AND RESPONSIBILITY TO BACKUP CUSTOMER'S FILES AND DATA ON ArtHelper.ai SERVERS, AND under no circumstance will ArtHelper.ai be liable to anyone FOR DAMAGES OF ANY KIND under any legal theory for loss of Customer's FILES AND/or data on any ArtHelper.ai server. To prevent loss of content, ArtHelper.ai users must only upload copies of their content such as all text, images, videos, and other content and NOT their original and/or only copy. Should any data loss occur, customer is fully responsible for reposting all of their own content.

8.23 Governing Law. These Terms shall be governed by the laws of the State of Texas in the United States of America without reference to conflict of law principles. The United Nations Convention on the International Sale of Goods shall not apply and is hereby expressly excluded. By subscribing to or using any of the Services of ArtHelper.ai, Customer agrees that all disputes, if any, involving ArtHelper.ai shall be subject exclusively to the jurisdiction of the State and Federal Courts within the County of Travis in Texas; provided, further, that all action brought against ArtHelper.ai in State Court must be brought within the County of Travis in Texas. Customer hereby agrees that it is subject to the in personam jurisdiction of said courts for all purposes in connection with these Terms and/or in connection with any claim or dispute involving ArtHelper.ai. Customer hereby waives any and all objections that it has or might have, known or unknown, whether under Texas long arm statute or otherwise, to the existence of said in personam jurisdiction. Customer agrees that it has no right to and shall not file or otherwise bring a lawsuit against ArtHelper.ai outside the County of Travis in Texas; and, that Customer, if involved before a court in a lawsuit outside of the County of Travis in Texas, shall be deemed to support and to stipulate to a motion made by ArtHelper.ai to dismiss said lawsuit with respect to ArtHelper.ai.

8.24 Warranty Disclaimer. YOU, THE CUSTOMER, ACKNOWLEDGE THAT THE SERVICES AND THE SOFTWARE ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND. ArtHelper.ai HEREBY DISCLAIMS ANY WARRANTY OR CONDITION WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE SERVICES AND SOFTWARE, OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SERVICES AND SOFTWARE, OR THAT THE SERVICES AND SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES AND SOFTWARE MAY CONTAIN ERRORS. NO ADVICE OR INFORMATION GIVEN BY ArtHelper.ai OR ArtHelper.ai' REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, CUSTOMER SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY. ArtHelper.ai DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OF COMPUTER PROGRAMS AND CONTENT. ArtHelper.ai DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. ArtHelper.ai DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE OR ArtHelper.ai IN PARTICULAR.

8.25 Limitations on ArtHelper.ai' Liability. ArtHelper.ai SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL ArtHelper.ai BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT ArtHelper.ai HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. ArtHelper.ai SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. ArtHelper.ai' ENTIRE LIABILITY AND CUSTOMER'S EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE SERVICES IS THE CANCELLATION OF CUSTOMER'S ACCOUNT AS SET FORTH HEREIN. IN NO EVENT SHALL ArtHelper.ai' LIABILITY TO YOU, THE CUSTOMER, EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU, THE CUSTOMER, TO ArtHelper.ai FOR THE PRIOR ONE MONTH PERIOD. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU, THE CUSTOMER, MORE THAN ONE YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION . SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, ARTHELPER.AI’ LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

8.26 Indemnification of ArtHelper.ai. You, the Customer, agree to defend, indemnify and hold ArtHelper.ai, its affiliates and its sponsors, partners, other co-branders and the respective directors, officers and employees of each harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys' fees and court costs) arising out of or relating to your breach of any of these Terms or use by you or any third party of the Services, except to the extent the foregoing directly result from ArtHelper.ai' own gross negligence or willful misconduct. ArtHelper.ai reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, the Customer.

8.27 General. These Terms constitute the entire understanding of the parties and supersede all prior and contemporaneous written and oral agreements with respect to the subject matter hereof. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not be applied in the construction or interpretation of these Terms. If one or more of the provisions herein shall be held invalid, illegal or unenforceable in any respect, the validity, legality and enforcement of the remaining provisions shall not be affected or impaired. Any inconsistency between these Terms in English and these Terms in any other language shall, to the fullest extent permitted by applicable law, be resolved by reference to the English version. The failure to enforce or the waiver by either party of a default or breach of the other party shall not be considered to be a waiver of any subsequent default or breach. If You or ArtHelper.ai cannot perform its obligations under these Terms because of any act of God, accident, strike, court order, fire, riot, war, failure of third-party equipment or any other cause not within the affected party’s reasonable control and that could not be avoided through the exercise of reasonable care and diligence (a “Force Majeure Event”), then the non-performing party will (1) promptly notify the other party, (2) take reasonable steps to resume performance as soon as possible, and (3) not be considered in breach during the duration of the Force Majeure Event. If a Force Majeure Event continues for 5 or more days, ArtHelper.ai may terminate Your subscription to the Services and these Terms by providing electronic notice to You. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT IN THE EVENT ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES SET FORTH HEREIN SHALL REMAIN IN FULL FORCE AND EFFECT. The following provisions shall survive termination or expiration of this Agreement: Your Account, Privacy and Security, Your Subscription, Your Conduct, Art Storefronts Property, Disclaimer of Warranties; Limitation of Liability; and General Legal Terms.