Terms of Service – Artikate [iQ]
Last updated: 24 May 2025
These Terms of Service (the “Terms”) constitute a legally binding agreement between you or the entity you represent (“you,” “your,” or “User”) and Artikate Studio, Artikate Private Limited (collectively, “Artikate,” “we,” “our,” or “us”) governing your access to and use of the Artikate [iQ] cognitive‑learning platform, including any websites, sub‑domains, mobile or desktop applications, application‑programming interfaces (“APIs”), documentation, content, products, and services that reference or link to these Terms (collectively, the “Service”).
PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING, BROWSING, OR USING THE SERVICE, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; (B) REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE (OR HAVE VERIFIED PARENTAL CONSENT IF 13–17 YEARS OLD); AND (C) AGREE THAT YOU ARE LEGALLY BOUND BY, AND WILL COMPLY WITH, THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICE.
ARBITRATION NOTICE & CLASS‑ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN §18 BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND ARTIKATE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS‑ACTION LAWSUIT OR CLASS‑WIDE ARBITRATION.
1 Definitions
| Term | Meaning |
|---|
| “Account” | The profile you create to access the Service. |
| “Affiliate” | Any entity that directly or indirectly controls, is controlled by, or is under common control with Artikate. |
| “Artikate Content” | The Service, software, source code, AI models, graphics, text, audio, video, designs, trademarks, and other materials provided by Artikate. |
| “Beta Service” | Any preview, pilot, early‑access, or test feature identified as beta, preview, or similar. |
| “Confidential Information” | Non‑public information disclosed by one party to the other that is designated confidential or should reasonably be understood to be confidential. |
| “User Content” | Any data, text, code, feedback, files, or materials you upload, transmit, or otherwise make available through the Service. |
2 Eligibility & Authority
- Minimum Age.You agree to provide true, accurate, current, and complete information during registration and to maintain and promptly update your information.
- Credentials & Security. If you access the Service on behalf of a company, organisation, or governmental entity, you represent that you have authority to bind that entity to these Terms and that “you” as used herein will refer to such entity.
2 Account Registration & Security
- Registration Information. The Service is not directed to children under 13. Individuals between 13 and 18 (or the age of majority in their jurisdiction) may use the Service only with verifiable parental consent. Organisations (schools, employers, etc.) integrating minors must obtain any legally required consents.
- Authority.You are responsible for safeguarding your password and Account. You must notify us immediately at security@artikate.com if you suspect unauthorised use. We may require multi‑factor authentication.
- Account Sharing.Accounts are personal (or per seat) and may not be shared except under an enterprise licence that expressly allows provisioning shared seats.
2 Licence & Permitted Use
- Limited Licence. Subject to your compliance with these Terms, Artikate grants you a limited, revocable, non‑exclusive, non‑transferable, and non‑sublicensable licence to access and use the Service for your internal educational or training purposes.
- Reservation of Rights.No rights or licences are granted except as expressly stated. Artikate retains all title and interest in the Service and Artikate Content.
- Prohibited Activities. You shall not (and shall not allow any third party to):
- Copy, reproduce, modify, adapt, translate, reverse‑engineer, decompile, or disassemble the Service or any portion thereof;
- Create derivative works of the Service or circumvent access controls;
- Use the Service to collect or store sensitive personal data (e.g., medical, biometric, financial) without a written data‑processing addendum (“DPA”);
- Upload malicious code or use the Service to transmit spam or harassing content;
- Interfere with or disrupt servers or networks connected to the Service;
- Access the Service for competitive benchmarking or to build a competing product; or
- Use automated means (e.g., scraping, bots) without prior written permission.
- AI Output.Artikate [iQ] may use large‑language‑model (“LLM”) outputs. AI responses are generated probabilistically and may contain inaccuracies. You are responsible for verifying output before reliance; Artikate disclaims all liability for decisions made based on AI content.
5 User Content & Feedback
- Ownership. You retain ownership of User Content. You grant Artikate (and its subcontractors) a worldwide, non‑exclusive, royalty‑free licence to host, process, display, and otherwise use User Content solely as necessary to operate and improve the Service.
- Responsibility. You represent that you have all rights necessary to upload User Content and that such content does not violate law or third‑party rights.
- Feedback. If you provide ideas or suggestions regarding the Service (“Feedback”), you grant Artikate an unrestricted, perpetual, irrevocable, royalty‑free right to use the Feedback for any purpose without attribution.
- DMCA Compliance. Artikate respects copyright law. If you believe content infringes your copyright, email our designated agent at dmca@artikate.com under the Digital Millennium Copyright Act.
6 Beta Services
- Beta Services are offered “AS IS,” may contain bugs, and may be discontinued at any time. Artikate disclaims all liabilities arising from Beta Services. Usage quotas may apply and data may not be kept after the beta expires.
7 Modifications to Service
- Modifications Artikate may modify, suspend, or discontinue any part of the Service at any time. Where practicable, we will give reasonable advance notice (e‑mail or in‑app); however, certain changes (security fixes, emergency maintenance) may occur without notice.
8 Subscriptions, Pricing & Taxes
- Plans & Fees. Paid Services require up‑front payment of fees specified at checkout or in an order form. All fees are non‑refundable unless expressly stated.
- Auto‑Renewal. Unless you disable auto‑renewal or cancel prior to the end of a billing cycle, your subscription will automatically renew at the then‑current price.
- Late Payments. Overdue invoices may accrue interest at 1.5% per month or the maximum legal rate.
- Taxes. Fees are exclusive of taxes (GST, VAT, sales tax). You are responsible for all applicable taxes, duties, or withholdings.
9 Third‑Party Services & Links
- The Service may include integrations or links to third‑party services. Artikate has no control over and is not responsible for third‑party content, privacy policies, or practices. Your use is at your own risk and subject to the third party’s terms.
10 Confidentiality
- Each party shall protect the other party’s Confidential Information with reasonable care and use it only for purposes of performing under these Terms. Confidentiality obligations survive three (3) years after termination, and perpetually for trade secrets.
11 Privacy & Data Protection
- Our processing of personal data is governed by our Privacy Policy and, where applicable, a mutually executed DPA. By using the Service, you consent to the transfer and processing of your personal data as described therein.
12 Security
- Artikate implements administrative, technical, and physical safeguards to protect data. However, no system is completely secure. You acknowledge that transmission of data is at your own risk.
13 Indemnification
- You will indemnify, defend, and hold harmless Artikate, its Affiliates, directors, and employees from any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to:
- (a) your breach of these Terms;
- (b) your User Content; or
- (c) your violation of any law or third‑party right.
14 Disclaimer of Warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, ARTIKATE DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON‑INFRINGEMENT, AND ACCURACY. WITHOUT LIMITING THE FOREGOING, ARTIKATE MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR‑FREE, OR SECURE.
15 Limitation of Liability
- Indirect Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARTIKATE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, REVENUE, GOODWILL, OR DATA) ARISING OUT OF OR RELATED TO THE SERVICE.
- Aggregate Liability. ARTIKATE’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE GREATER OF: (A) AMOUNTS PAID BY YOU TO ARTIKATE FOR THE SERVICE DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY; OR (B) INR 5,000.
- Exclusions. NOTHING IN THESE TERMS EXCLUDES LIABILITY FOR GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL MISCONDUCT TO THE EXTENT THAT SUCH LIABILITY CANNOT BE LIMITED UNDER APPLICABLE LAW.
16 Force Majeure
Artikate will not be liable for any failure to perform due to causes beyond its reasonable control, including acts of God, war, terrorism, civil unrest, internet outages, governmental action, labour disputes, or natural disasters.
17 Assignment
You may not assign or transfer these Terms without Artikate’s prior written consent. Artikate may assign its rights and obligations to an Affiliate or in connection with a merger, acquisition, or sale of assets.
18 Dispute Resolution & Arbitration; Class‑Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
- Informal Resolution. Before initiating arbitration, either party must send the other party a written notice of dispute and attempt to resolve it informally within thirty (30) days.
- Binding Arbitration. If a dispute is not resolved, it will be finally settled by confidential, binding arbitration in Gurgaon, Haryana, India, administered by the Indian Council of Arbitration (ICA) under its rules then in effect. One arbitrator will be appointed. The proceedings will be conducted in English. The arbitral award will be final and may be enforced in any court of competent jurisdiction.
- Class‑Action Waiver. All claims must be brought in an individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person’s claims.
- Equitable Relief. Notwithstanding the foregoing, either party may seek injunctive or equitable relief in a court of competent jurisdiction to prevent irreparable harm.
19 Export Compliance
- You represent that you are not: (a) located in, or a resident of, any country subject to U.S. or Indian embargoes or sanctions; or (b) a person listed on any prohibited or restricted party list. You agree to comply with all applicable export‑control laws.
20 Severability & Waiver
- If any provision of these Terms is held unenforceable, it will be modified to the minimum extent necessary to be enforceable, and the remaining provisions will remain in full force. A waiver of any breach or default is not a waiver of any subsequent breach or default.
21 Entire Agreement
- These Terms, together with any order forms, DPAs, and policies referenced herein, constitute the entire agreement between you and Artikate concerning the Service and supersede all prior agreements and understandings.
22 Contact Information
- If you have questions about these Terms, please contact:
Artikate Studio, Artikate Private Limited
Attn: Legal Team
G‑31, Spaze Platinum Tower, Sohna Road, Sector 47, Gurgaon, Haryana 122018, India
Email: legal@artikate.com
