Terms of Service

1. Eligibility

You must be at least 13 years old to create an account and use the Service independently. If you are under 13 years old, or under the age of majority in your jurisdiction (typically 18), you may only use the Service under the supervision of a parent or legal guardian who agrees to these Terms on your behalf.

Parents and guardians are responsible for ensuring that their child's use of the Service complies with these Terms and applicable laws, including monitoring content suitability and providing necessary consents.

By using the Service, you represent and warrant that you meet these eligibility requirements, are not barred from using the Service under applicable laws, and have not been previously suspended or removed from the Service.

2. Description of the Service

Artimind provides an online platform for K-12 educational content, interactive art learning tools, and creative resources designed primarily for children and students. The Service may include free and paid features, such as structured learning paths, AI-guided feedback, curated art references, and community features.

We may add, modify, or discontinue features at any time without notice.

The Service is intended for educational and recreational purposes only and is not a substitute for professional instruction, therapy, or medical advice.

3. User Accounts

To access certain features, you must register an account by providing accurate, current, and complete information as requested during registration. You agree to update your information promptly if it changes and to keep your login credentials confidential and secure.

You are solely responsible for all activities that occur under your account, including any actions taken by a child under your supervision.

We reserve the right to refuse registration, suspend, or terminate accounts at our sole discretion, including for violations of these Terms, fraudulent activity, or other conduct we deem inappropriate.

4. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not, directly or indirectly:

• Violate any applicable local, provincial, national, or international law or regulation.
• Infringe upon or violate the intellectual property, privacy, publicity, or other rights of any person or entity.
• Interfere with or disrupt the Service or servers or networks connected to the Service.
• Transmit any viruses, worms, malware, or other harmful code.
• Upload, post, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
• Impersonate any person or entity or misrepresent your affiliation with any person or entity.
• Engage in commercial activities or sales without our prior written consent.
• Collect or harvest any personally identifiable information from other users without their consent.
• Attempt to gain unauthorized access to the Service, other accounts, computer systems, or networks connected to the Service.
• Use any robot, spider, site search/retrieval application, or other automated device to retrieve, index, scrape, data mine, or in any way reproduce or circumvent the navigational structure or presentation of the Service.

We may monitor, review, and remove any content or activity that violates these Terms.

5. Content

All content provided by Artimind, including but not limited to text, graphics, images, videos, audio, software, educational materials, and the selection and arrangement thereof (collectively, "Service Content"), is owned by Artimind or its licensors and is protected by copyright, trademark, and other intellectual property laws.

You may access and use Service Content solely for your personal, non-commercial, educational use in connection with your use of the Service. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, license, sell, or otherwise exploit Service Content without our express prior written permission.

By submitting, posting, or otherwise making available any content to the Service ("User Content"), you grant Artimind a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such User Content for the purpose of operating, promoting, and improving the Service.

You represent and warrant that you own or have the necessary rights to your User Content and that it does not infringe any third-party rights. We do not claim ownership of User Content but may remove or refuse to display any User Content at our discretion.

6. Payments

Certain features of the Service may require payment of fees. All fees are quoted in Canadian dollars (CAD) or the equivalent in your local currency and are non-refundable except as expressly provided in these Terms or required by applicable law.

We may change pricing at any time, but such changes will not affect fees already paid for the then-current subscription period.

Payments are processed through third-party payment processors. You agree to provide accurate billing information and authorize us (or our processor) to charge your chosen payment method for all applicable fees, taxes, and charges.

Subscriptions may automatically renew unless canceled at least 24 hours before the end of the current billing period. You may cancel or manage your subscription through your account settings.

7. Termination

You may terminate your account at any time by contacting us or through available account settings.

We may suspend or terminate your access to the Service, in whole or in part, at any time, without notice or liability, for any reason, including if we believe you have violated these Terms, applicable law, or for any other legitimate business reason.

Upon termination, your right to use the Service ceases immediately. Provisions that by their nature should survive termination (including but not limited to ownership provisions, disclaimers, limitations of liability, indemnification, and governing law) will continue in effect.

8. Disclaimer of Warranties

THE SERVICE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, OR THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ANY ERRORS WILL BE CORRECTED. USE OF THE SERVICE IS AT YOUR OWN RISK.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ARTIMIND, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES, ARISING FROM OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (i) THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (ii) ONE HUNDRED CANADIAN DOLLARS (CAD $100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10. Indemnification

You agree to indemnify, defend, and hold harmless Artimind, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:

• Your access to or use of the Service;
• Your violation of these Terms;
• Your User Content or any submission;
• Your violation of any third-party right, including intellectual property or privacy rights;
• Any claim that your use of the Service caused damage to a third party.

11. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of law provisions.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the ADR Institute of Canada in accordance with its Arbitration Rules. The arbitration shall take place in Toronto, Ontario, and shall be conducted in English. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.

You agree to waive any right to a jury trial or to participate in a class action. If any part of this arbitration provision is deemed unenforceable, the remainder shall remain in effect.

12. Third-Party Links and Services

The Service may contain links to third-party websites, services, or resources that are not owned or controlled by Artimind. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. Your access and use of third-party sites is at your own risk.

13. Copyright Complaints

If you believe that any content on the Service infringes your copyright, please send a written notice to our designated copyright agent containing the following information:

1. A physical or electronic signature of the copyright owner or authorized agent;
2. Identification of the copyrighted work claimed to have been infringed;
3. Identification of the material alleged to be infringing and information reasonably sufficient to permit us to locate it;
4. Your contact information (address, telephone number, email);
5. A statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law;
6. A statement, under penalty of perjury, that the information is accurate and that you are authorized to act on behalf of the copyright owner.

Send notices to: [Your Copyright Agent Name/Email/Address]

14. Child Safety

Artimind is committed to protecting the privacy and safety of children. We comply with the Children's Online Privacy Protection Act (COPPA) and similar laws.

Parents and legal guardians are responsible for supervising their child's use of the Service. If you become aware of any inappropriate content or behavior involving a child, please contact us immediately.

15. Miscellaneous

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Artimind regarding the Service.

If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect.

Our failure to enforce any right or provision will not constitute a waiver of such right or provision.

We may assign these Terms without your consent. You may not assign these Terms without our prior written consent.

All notices to us should be sent to: [Your Contact Email/Address].