Terms and Conditions

Welcome to Artutopia

TERMS AND CONDITIONS

Last Updated: May 1, 2025

These Terms and Conditions (“Terms”) govern your access to and use of the Artutopia platform, including our website at www.artutopia.com, mobile applications, and all related services (collectively, the “Platform”). Please read these Terms carefully before accessing or using our Platform.

By accessing, registering for, or using our Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Platform.

1. DEFINITIONS

In these Terms:

– “Artutopia,” “we,” “us,” or “our” refers to Artutopia Inc., a company registered in [Your State/Country].

– “Content” refers to all materials, information, text, images, videos, audio, data, and other content made available through our Platform.

– “Course” refers to any online course, class, program, workshop, or educational content offered through our Platform.

– “Course Materials” refers to all materials provided as part of a Course, including but not limited to videos, presentations, documents, assignments, quizzes, and any other educational resources.

– “User,” “you,” or “your” refers to any individual or entity that accesses or uses our Platform.

– “Instructor” refers to any individual or entity that creates, develops, and/or teaches a Course on our Platform.

2. ACCOUNT REGISTRATION AND SECURITY

2.1 Account Creation

To access certain features of our Platform, you may need to register for an account. During registration, you must provide accurate, current, and complete information. You agree to update your information as necessary to maintain its accuracy.

2.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

– Create a strong password and keep it confidential

– Not share your account credentials with any third party

– Notify us immediately of any unauthorized use of your account

– Log out from your account at the end of each session when using a shared device

We are not responsible for any loss or damage arising from your failure to comply with these security obligations.

3. COURSES AND PAYMENTS

3.1 Course Enrollment

By enrolling in a Course, you gain a limited, non-exclusive, non-transferable license to access and use the Course Materials for your personal, non-commercial, educational purposes only.

3.2 Payments and Fees

All prices are listed in CAD and are subject to change without notice. By making a purchase, you agree to pay the specified fees for the Course.

Payment processing is handled by third-party payment processors. By providing your payment information, you authorize us and our payment processors to charge the applicable fees to your selected payment method.

3.3 Refund Policy

Our refund policy for Courses is as follows:

– You may request a full refund within 14 days of purchase if you have not accessed more than 20% of the Course Materials.

– To request a refund, you must contact us at support@artutopia.com with your purchase details and reason for the refund request.

– Refunds are processed to the original payment method and may take up to 14 business days to appear on your statement.

– Special promotions, bundled courses, or courses marked as “non-refundable” are not eligible for refunds.

We reserve the right to approve or deny refund requests at our discretion, in accordance with applicable laws.

4. INTELLECTUAL PROPERTY RIGHTS

4.1 Our Intellectual Property

All Content and Course Materials on our Platform, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, are the property of Artutopia, our Instructors, or our licensors and are protected by copyright, trademark, and other intellectual property laws.

4.2 License to Use Course Materials

When you enroll in a Course, we grant you a limited, non-exclusive, non-transferable license to access and use the Course Materials for your personal, non-commercial, educational purposes only. This license is conditional on your compliance with these Terms and payment of all applicable fees.

4.3 Restrictions on Use

You shall not:

– Copy, reproduce, modify, distribute, display, transmit, or create derivative works from any Course Materials

– Sell, rent, lease, sublicense, or transfer any Course Materials to any third party

– Share your account credentials or Course access with any other person

– Record, screenshot, or capture Course Materials beyond what is reasonably necessary for personal learning purposes

– Use Course Materials for any commercial purpose

– Remove any copyright, trademark, or other proprietary notices from any Course Materials

– Upload or share Course Materials to file-sharing or content distribution platforms

– Attempt to reverse engineer, decompile, or disassemble any software included in the Course Materials

4.4 User Content

If you submit content to our Platform (including assignments, projects, comments, feedback, or suggestions), you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display such content for the purpose of providing and promoting our Platform.

You represent and warrant that you own or have the necessary rights to submit such content and that the content does not infringe upon the intellectual property rights or other rights of any third party.

5. PROHIBITED CONDUCT

You agree not to:

– Use our Platform for any illegal purpose or in violation of any applicable laws

– Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity

– Interfere with or disrupt the operation of our Platform or servers

– Attempt to gain unauthorized access to any portion of our Platform

– Use any device, software, or routine that interferes with the proper functioning of our Platform

– Introduce any viruses, trojan horses, worms, or other material that is malicious or technologically harmful

– Collect or harvest any information from our Platform, including user information

– Upload, post, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or invasive of another’s privacy

– Engage in any activity that could damage, disable, overburden, or impair our Platform

6. THIRD-PARTY LINKS AND SERVICES

Our Platform may contain links to third-party websites, services, or resources that are not owned or controlled by Artutopia. We do not endorse or assume any responsibility for any third-party content, information, products, or services.

If you access any third-party websites, services, or resources, you do so at your own risk and will be subject to the terms and conditions and privacy policies applicable to such websites, services, or resources.

7. DISCLAIMER OF WARRANTIES

OUR PLATFORM AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT OUR PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR PLATFORM OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

EDUCATIONAL CONTENT DISCLAIMER: THE INFORMATION PROVIDED IN OUR COURSES IS FOR GENERAL EDUCATIONAL PURPOSES ONLY. WE MAKE NO REPRESENTATION OR WARRANTY REGARDING THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE INFORMATION PROVIDED. THE INFORMATION IS NOT INTENDED TO SERVE AS PROFESSIONAL ADVICE, AND USERS SHOULD CONSULT WITH QUALIFIED PROFESSIONALS BEFORE MAKING ANY DECISIONS BASED ON THE INFORMATION PROVIDED.

8. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ARTUTOPIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE PLATFORM OR ANY CONTENT ON THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE PLATFORM EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID TO US FOR ACCESS TO COURSES DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ARTUTOPIA AND YOU.

9. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Artutopia, its officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of our Platform, your violation of these Terms, or your violation of any rights of another.

10. TERMINATION

10.1 Termination by You

You may terminate your account at any time by contacting us at support@artutopia.com. Upon termination, you will lose access to any Courses for which you have enrolled.

10.2 Termination by Us

We may, in our sole discretion, suspend or terminate your access to the Platform or any Course, or delete your account, at any time and for any reason, including, but not limited to, your breach of these Terms, without prior notice or liability.

10.3 Effect of Termination

Upon termination of your account:

– Your right to access and use the Platform and Course Materials will immediately cease

– We may delete or retain any information associated with your account

– Any provisions of these Terms that by their nature should survive termination shall survive termination

11. CHANGES TO THESE TERMS

We reserve the right to modify these Terms at any time. If we make material changes to these Terms, we will provide notice through our Platform or by other means, such as email. Your continued use of our Platform after such notice constitutes your acceptance of the modified Terms.

12. GOVERNING LAW AND DISPUTE RESOLUTION

12.1 Governing Law

These Terms and your use of our Platform shall be governed by and construed in accordance with the laws of [The Province of British Columbia/Canada], without giving effect to any choice or conflict of law provision or rule.

12.2 Dispute Resolution

Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in [Your City, State/Country], using the English language in accordance with the Arbitration Rules and Procedures of [Preferred Arbitration Association] then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes.

The prevailing party in any arbitration or other action arising out of or related to these Terms shall be entitled to receive its reasonable attorneys’ fees and costs.

12.3 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek equitable relief in any court having jurisdiction to protect its intellectual property rights or confidential information.

12.4 Class Action Waiver

YOU AND ARTUTOPIA 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 OR REPRESENTATIVE PROCEEDING.

13. GENERAL PROVISIONS

13.1 Entire Agreement

These Terms constitute the entire agreement between you and Artutopia regarding your use of our Platform and supersede all prior agreements and understandings, whether written or oral.

13.2 Severability

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

13.3 No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by an authorized representative of Artutopia.

13.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may freely assign or transfer these Terms without restriction.

14. CONTACT INFORMATION

If you have any questions about these Terms, please contact us at:

Artutopia Arts&Graphics Inc.

1513 Mariner Walk, Vancouver , BC, V6J5A6 – Canada

Email: info@artutopia.com

Phone: +1|604|618-8541|

By using our Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.