Artstep

Artstep Management System for Schools and Training Institutions Terms of Service ("Agreement")

Last updated: [11/01/2024]

ACCEPTANCE OF TERMS

By manifesting your consent to the terms of this Agreement through execution of an Order Form or by utilizing the Artstep Management System for Schools and Training Institutions (the "Service"), you hereby affirm acceptance of all stipulations outlined herein. Should you dissent from the terms of this Agreement, your utilization of the Service is precluded.

In the event you are entrusted with access to the Service on behalf of a Customer ("User"), it is imperative that you possess the requisite authorization to enter into and bind such entity to this Agreement. You hereby represent and warrant your competency to execute such binding. The privileges conferred herein are expressly conditional upon the acceptance by the aforementioned Users.

The provisions of this Agreement establish a legally binding contract between you, whether in your individual capacity or as a representative of an entity ("Customer," "you," or "your"), and Ronyi Limited ("Artstep," "Company," "we," "us," or "our"), pertaining to your access to and utilization of the Service. You concur that this Agreement shall be enforceable as any written contract duly signed by you. This Agreement encompasses the terms and conditions hereinafter delineated, any ancillary documents (e.g., attachments, addenda, exhibits) expressly incorporated by reference herein, and any Order Forms that make reference to this Agreement.

The "Effective Date" of this Agreement shall be the earlier of (a) the date of your initial access to the Service or (b) the effective date of the initial Order Form that references this Agreement.

Amendments to this Agreement

From time to time, Artstep reserves the right to amend the terms of this Agreement. Unless specified otherwise by us, such amendments shall become effective upon the renewal of the then-current Subscription Term or upon the effective date of a new Order Form following the implementation of the updated version of this Agreement.

We shall exert reasonable efforts to apprise you of such modifications via communication through your Service account, electronic mail, or alternative means. You may be required to explicitly accept the revised Agreement prior to the commencement of a new service term, and in all instances, continued utilization of the Service subsequent to the implementation of any updated version of this Agreement shall constitute your acceptance thereof.

1. Service

1.1 Provision and Access to the Service. Artstep shall render the Service accessible to you for the duration of the Subscription Term, solely for your use and that of Users, in strict accordance with this Agreement and the stipulations of the Order Form.

1.1.1 Authorization of Contractors and Affiliates as Users. You are permitted to grant access to the Service to your Contractors and Affiliates, provided that their utilization of the Service is exclusively for your benefit or that of such Affiliate.

1.1.2 Accountability for User Compliance. You shall be held accountable for ensuring each User's adherence to the terms of this Agreement, with any actions or omissions by Users being deemed as your own.

1.1.3 Grant of License. Subject to your compliance with the terms of this Agreement, Artstep hereby extends to you, your Contractors, and/or Affiliates, for the duration of the Subscription Term, a limited, non-exclusive, non-assignable, non-sublicenseable, revocable license to access and utilize the Service solely for internal business operations. "Affiliate" is defined as an entity that, either directly or indirectly, possesses ownership or control, is owned or controlled by, or is under common ownership or control with a party, or in the instance of the Customer, a franchisee or educational institution branch. For the purposes of this definition, "control" refers to the power to direct the management or affairs of an entity, and "ownership" denotes beneficial ownership of more than fifty percent (50%) of the voting equity securities or other equivalent voting interests in an entity.

1.1.4 Service Modifications and Discontinuations. You acknowledge and consent to Artstep's right to modify, update, or discontinue the Service or any of its features or functionalities at any time, without prior notification or incurring liability to you. We shall endeavor to inform you of any significant alterations to the Service that may impact your utilization or access. You further acknowledge and agree that Artstep retains the right to impose limitations on certain features or aspects of the Service, or to restrict access to any part or the entirety of the Service, at any time, without prior notification or incurring liability to you.

1.2 Restrictions on Use. You shall not (and shall not permit any third party to):

  • 1.2.1 offer the Service for sale, rent, lease, license, distribute, provide access to, sublicense, or otherwise disseminate the Service to a third party;
  • 1.2.2 reproduce, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Service or its content, except to the extent explicitly permitted by applicable law (and solely upon providing prior written notice to Artstep);
  • 1.2.3 create derivative works based upon the Service or its content;
  • 1.2.4 utilize the Service or its content in any unlawful, fraudulent, or abusive manner, or in any way that interferes with the rights or operations of Artstep or any third party;
  • 1.2.5 access or attempt to access the Service by means other than the authorized interface provided by Artstep;
  • 1.2.6 employ any automated methods, such as bots, scripts, or crawlers, to access, monitor, or manipulate the Service or its content;
  • 1.2.7 use the Service or its content to transmit unsolicited or unauthorized messages, advertisements, or promotions, or to disseminate any viruses, malware, or other harmful code or content;
  • 1.2.8 infringe or violate any intellectual property, privacy, or other rights of Artstep or any third party through the use of the Service or its content;
  • 1.2.9 collect, store, or process any personal or sensitive data using the Service or its content without obtaining the necessary consents, providing the required notifications, and complying with applicable laws and regulations;
  • 1.2.10 violate any policies of Artstep that may be communicated to you from time to time;
  • 1.2.11 utilize the Service or its content in any manner inconsistent with the terms of this Agreement.

1.3 Affiliate Purchases. Your Affiliates may procure the Services from Artstep or an applicable Artstep Affiliate, as applicable, by executing an Order Form governed by this Agreement. This shall establish a distinct agreement between your Affiliate and the Artstep entity executing such Order Form.

1.4 Trial Services. In the event you are utilizing a complimentary trial period ("Trial Service"), Artstep grants such Trial Service for the duration of the Trial Services Period, which shall conclude upon the earliest of: (i) the expiration of the Trial Service period as communicated by Artstep or specified in an Order; (ii) the commencement date of any paid version of the Service; or (iii) a written notice of termination from Artstep. Artstep reserves the right to automatically suspend your subscription to the Service at the conclusion of the Trial Services Period until you elect to upgrade to a paid subscription. During the Trial Services Period, you are granted a non-exclusive, non-transferable right to access and utilize the Trial Service for internal evaluation purposes, subject to the restrictions set forth in this Agreement. The use of Trial Services is limited to evaluation purposes and not for any commercial or productive endeavors, unless expressly authorized in writing by Artstep. Any data entered into the Trial Service and any configurations made thereto by or on behalf of you during the Trial Service period will be permanently deleted unless you: (a) purchase a subscription to the Service encompassing the Trial Service; or (b) export such data or configurations prior to the conclusion of the Trial Period. There is no assurance that features or functionalities of the Trial Service will be available, or if available, will remain unchanged, in the general release of the Service, and you are advised to review the Service features and functionalities prior to making a purchase. You assume all risks and costs associated with the utilization of the Trial Service. In the event of dissatisfaction or a breach of this Agreement by Artstep with respect to the Trial Service, your sole and exclusive remedy is the termination of the Trial Service.

1.5 Compliance with Legal Requirements. Artstep shall provide the Service in compliance with its obligations under the laws applicable to the provision of such Service to its customers in general, including, but not limited to, those pertaining to data privacy and data transfer, irrespective of your specific use of the Service and subject to your compliance with the terms of this Agreement.

2. Fees and Payment

2.1 You agree to remunerate Artstep for the Service in accordance with the fees specified in the Order Form or as otherwise communicated to you prior to the commencement of a new billing cycle ("Fees"). Invoices for said Fees shall be rendered on a per-order or periodic basis, in accordance with the payment method you have selected.

2.2 The Fees do not encompass any taxes. You shall be responsible for remitting all taxes associated with purchases made under this Agreement, including, without limitation, all use or access of the Service by your Users. Should Artstep be legally obligated to pay or collect taxes for which you are liable under this section, Artstep will invoice you for such amount unless you provide Artstep with a valid tax exemption certificate authorized by the appropriate tax authority.

2.3 Except as explicitly stipulated in this Agreement and to the extent permitted by law, all payment obligations are non-cancellable, and Fees are non-refundable.

2.4 You are responsible for furnishing accurate and complete billing and contact information and for updating such information as necessary. You hereby authorize Artstep to charge your credit card or other payment method for the Fees and any applicable taxes. In the event your utilization of the Service is subject to recurring charges, you consent to our charging your payment method on a recurring basis without obtaining your prior approval for each charge, until you notify us of your intention to cancel the Service, at which point you shall be responsible for immediate payment of any outstanding fees. In the event of overdue payment, Artstep may suspend or terminate your access to the Services and levy interest on the outstanding balance at a rate of 1.5% per month or the maximum rate permitted by law, whichever is lower.

2.5 In the event of any discrepancies in invoicing, Artstep reserves the right to rectify such errors by issuing a supplemental invoice, even if payment for the original invoice has already been requested or received.

2.6 Unless otherwise specified in an Order Form, access to the Artstep is granted on a subscription basis for the term outlined within the Order Form, in accordance with the subscription plan associated with said Order Form (the "Subscription Term" and "Subscription Plan" respectively), collectively referred to as the "Subscription". The Services are provided for the Subscription Term as per the terms of this Agreement and the conditions set forth in the Order Form.

2.7 Customer may upgrade and/or enhance its Services by either: (i) adding Users; (ii) upgrading to a higher type of Subscription Plan; (iii) adding additional services, products, Add-Ons, features or functionalities; and/or (iv) upgrading to a longer Subscription Term (collectively, "Upgrades"). Some Upgrades or other changes may be considered as a new purchase, hence will restart the Subscription Term for all or some of the Services and some will not, as indicated within the Services and/or the Order Form. Upon an Upgrade, Customer will be billed for the applicable additional Fees, at Artstep's then-current rates (unless indicated otherwise in an Order Form), either: (a) prorated for the remainder of the then-current Subscription Term, or (b) whenever the Subscription Term is being restarted, then the Fees already paid by Customer will be reduced from the new upgraded Fees, and the difference shall be due and payable by Customer upon the date on which the Upgrade was made. "Add-Ons" means additional enhancements and/or additional functionalities for the applicable Artstep Services for the respective Subscription Plan purchased by Customer that are made available for purchase, which may be subject to additional Fees.

2.8 Artstep shall have the right, including without limitation where Artstep, at its sole discretion, believes that Customer and/or any of its Users, have misused the Services or otherwise use the Services in an excessive manner compared to the anticipated standard use at Artstep's sole discretion (for instance, an excessive number of guests, excessive use of automations, etc.), to offer the Services in different pricing and/or impose additional fees or other restrictions as for the upload, storage, download and/or use of the Services, including, without limitation, restrictions on Third Party Services, network traffic and bandwidth, size and/or length of content, quality and/or format of content, sources of content, volume of download time, etc.

3. Customer Data

3.1 Proprietary Rights in Customer Data. As between the parties, you retain all rights, titles, and interests (including all intellectual property rights) in and to any data uploaded by you or on your behalf for storage or processing within the Service ("Customer Data") and any modifications made during the operation of the Service. Subject to the terms of this Agreement, you grant to Artstep and applicable Artstep Affiliates a non-exclusive, worldwide, royalty-free right to process the Customer Data solely to the extent necessary to provide the Service to you, to address service or technical issues, or as required by law.

3.2 Compliance with Legal Obligations. Your utilization of the Service and all Customer Data shall adhere to applicable laws, governmental regulations, and any other legal requirements, including, but not limited to, data localization or data sovereignty laws, regulations, and any other third-party legal requirements applicable to you. You are solely responsible for the accuracy, content, and legality of all Customer Data. You warrant that you possess and shall retain sufficient rights in the Customer Data to grant rights to Artstep under this Agreement and that the processing of Customer Data by Artstep in accordance with this Agreement will not infringe upon any laws or the rights of any third party.

3.3 Data Privacy Compliance. The parties shall adhere to the Data Privacy Agreement.

4. INTELLECTUAL PROPERTY RIGHTS

4.1 Ownership of Artstep Intellectual Property. Unless otherwise indicated, the Service is proprietary to Artstep, and all rights, titles, and interests (including all patents, copyrights, trademarks, trade secrets, and other intellectual property rights) in the source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics pertaining to or subsisting in the Service (collectively, "Artstep IP") are owned or controlled by us or licensed to us. The Artstep IP is provided in relation to the Service on an "AS IS" basis for your informational and personal use only. Except as expressly provided in this Agreement, no right, title, or interest in any part of the Service or Artstep IP is conveyed to you. You shall not copy, reproduce, aggregate, republish, upload, post, publicly display, encode, translate, transmit, distribute, sell, license, or otherwise exploit the Service or Artstep IP for any commercial purpose without our express prior written consent. Artstep may freely utilize and incorporate any suggestions, comments, or other feedback regarding the Service voluntarily provided by you or Users into the Artstep IP.

4.2 Collection and Use of Usage Data. Notwithstanding anything to the contrary in this Agreement, Artstep may collect, use, and process any usage and operational data related to your use of the Service ("Usage Data") for the development, enhancement, support, and operation of its products and services. Artstep may not disclose any Usage Data that includes your Confidential Information to a third party, except (a) in accordance with Section 5 (Confidentiality) of this Agreement, or (b) to the extent the Usage Data is aggregated and anonymized in such a manner that you and your Users cannot be identified.

4.3 Customer Identification for Marketing Purposes. Artstep may identify you as a customer to other Artstep customers or prospective customers. Without limiting the foregoing, Artstep may utilize and display your name, logo, trademarks, and service marks on Artstep's website and in Artstep's marketing materials in connection with identifying you as a customer of Artstep. Upon your written request, Artstep will promptly remove any such marks from Artstep's website and, to the extent commercially feasible, Artstep's marketing materials.

5. CONFIDENTIALITY

5.1 Protection of Confidential Information. Each party (as "Receiving Party") shall exercise the same degree of care it employs to protect the confidentiality of its own confidential information of a similar nature (but not less than reasonable care) to: (a) refrain from utilizing any Confidential Information of the other party (the "Disclosing Party") for any purpose beyond the scope of this Agreement; and (b) except as otherwise authorized in writing by the Disclosing Party, restrict access to the Confidential Information of the Disclosing Party to those employees and contractors of its and its Affiliates who require such access for purposes consistent with this Agreement and who are bound by confidentiality obligations to the Receiving Party that are no less protective of the Confidential Information than those set forth herein. If the Receiving Party is compelled by law, regulation, or court order to disclose Confidential Information, then the Receiving Party shall, to the extent legally permissible, provide the Disclosing Party with advance written notice and cooperate in any effort to obtain confidential treatment of the Confidential Information, including, without limitation, the opportunity to seek appropriate administrative or judicial relief. The Receiving Party acknowledges that disclosure of Confidential Information would result in substantial harm for which damages alone would not constitute a sufficient remedy, and therefore, in the event of such disclosure by the Receiving Party, the Disclosing Party shall be entitled to seek appropriate equitable relief in addition to any other remedies it may have at law.

6. TERM AND TERMINATION

6.1 Effectiveness of Agreement. This Agreement shall be effective as of the Effective Date and shall remain in effect for the duration of your continued use of the Service until terminated.

6.2 Termination Rights. You reserve the right to terminate this Agreement at any time. Such termination shall take effect upon the conclusion of the current paid Service term. Artstep may, without prior notice to you, terminate this Agreement in the event of your material breach hereof.

6.3 Consequences of Termination or Expiration. Upon termination or expiration of this Agreement, Artstep may promptly deactivate your account, and: (i) you shall forfeit any further right to access or utilize the Service; and (ii) each party shall promptly return or destroy any tangible Confidential Information of the other party within its possession or control that is not contained within the Service upon receiving a written request from the other party. Any Customer Data hosted on the Service will be deleted within one hundred and eighty (180) days following the termination or expiration of this Agreement. You acknowledge your responsibility to export any Customer Data for which you desire continued access post-termination or expiration, and Artstep shall not be liable for your failure to retrieve such Customer Data and shall have no obligation to store or retain any such Customer Data following the termination or expiration of this Agreement with you.

6.4 Service Suspension. In addition to any other rights or remedies available to it under this Agreement, Artstep reserves the right to suspend your access to the Service if:

  • 6.4.1 any Fees are overdue by fourteen (14) days;
  • 6.4.2 Artstep deems such suspension necessary as a result of your breach of this Agreement;
  • 6.4.3 Artstep reasonably determines that suspension is necessary to prevent material harm to Artstep or its customers; or
  • 6.4.4 as mandated by law or at the request of governmental or regulatory authorities.

7. WARRANTIES

7.1 Limited Service Warranty. During the applicable Subscription Term, Artstep warrants that the Service shall perform in substantial accordance with the Service features description available at https://www.artstepai.com/. This warranty shall be void if the failure of the Service results from negligence, error, or misuse by you, Users, or any party other than Artstep. You must report any breach of warranty to Artstep within thirty (30) days of the date on which the incident giving rise to the claim occurred. Artstep's sole and exclusive liability, and your sole and exclusive remedy, for breach of these warranties shall be for Artstep, at its expense, to use commercially reasonable efforts to correct such nonconformity within thirty (30) days of the date that notice of the breach was provided; and, if Artstep fails to correct the breach within such cure period, you may terminate the Agreement. In such event, Artstep shall provide you with a pro-rata refund of any unused pre-paid fees paid for the period following termination, calculated on a monthly basis for the affected Service. Without derogating from Artstep's obligations under this Agreement, you warrant that you shall implement and maintain appropriate measures within your control to protect the confidentiality, integrity, and security of your Confidential Information and Customer Data, including: (i) operating the Service in compliance with applicable laws; and (ii) dedicating adequate personnel and resources to implement and maintain security controls (e.g., password control, etc.). You shall be responsible for the acts and omissions of your Users.

7.2 Legal Compliance. Each party shall comply with all applicable laws and regulations in connection with the performance of its obligations and the exercise of its rights under this Agreement.

7.3 Disclaimer. ALL WARRANTIES, WHETHER EXPRESS, INCORPORATED, OR IMPLIED, ARE LIMITED TO THE EXTENT AND DURATION SET FORTH IN THIS AGREEMENT. TO THE EXTENT PERMITTED BY LAW AND EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SERVICE IS PROVIDED "AS IS," AND ARTSTEP DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ARTSTEP DOES NOT WARRANT THAT THE USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DOES ARTSTEP WARRANT THAT IT WILL REVIEW CUSTOMER DATA FOR ACCURACY. ARTSTEP SHALL HAVE NO LIABILITY FOR DELAYS, FAILURES, OR LOSSES ATTRIBUTABLE IN ANY WAY TO THE USE OR IMPLEMENTATION OF THIRD-PARTY SOFTWARE OR SERVICES NOT PROVIDED BY ARTSTEP.

8. INDEMNIFICATION

8.1 Indemnification for Customer Data and Use. You shall defend and indemnify Artstep and/or its Affiliates and their officers, directors, and employees against any third-party claims, suits, and proceedings (including those instituted by a government entity), and all directly related losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising from: (i) an alleged infringement or violation by the Customer Data of such third-party's patent, copyright, trademark, trade secret; or (ii) the use of the Customer Data by Artstep in violation of applicable law, provided that such use is in accordance with the terms of this Agreement and the terms of the Data Privacy Agreement.

8.2 Indemnification Process. Each party's defense and indemnification obligations shall become effective upon, and are subject to:

  • 8.2.1 the indemnified party's prompt notification to the indemnifying party of any claims in writing; and
  • 8.2.2 the indemnified party providing the indemnifying party with full and complete control, authority, and information for the defense of the claim, provided that the indemnifying party shall not have the authority to enter into any settlement or admission of the indemnified party's misconduct on behalf of the indemnified party without the indemnified party's prior written consent (which shall not be unreasonably withheld).
  • 8.2.3 At the indemnifying party's request, the indemnified party shall reasonably cooperate with the indemnifying party in defending or settling any claim.

9. LIMITATION OF LIABILITY

9.1 Maximum Aggregate Liability. Except for liability resulting from your data infringement indemnity in section 8.1 or your payment obligations hereunder, in no event shall either party's maximum aggregate liability arising out of or related to this Agreement, regardless of the cause of action and whether in contract, tort (including negligence), warranty, indemnity, or any other legal theory, exceed the total amount paid or payable to Artstep under this Agreement during the twelve (12) month period preceding the date of the initial claim.

9.2 Exclusion of Consequential Damages. Neither party shall have any liability to the other party for any loss of profits or revenues, loss of goodwill, or for any indirect, special, incidental, consequential, or punitive damages arising out of, or in connection with this Agreement, however caused, whether in contract, tort (including negligence), warranty, indemnity, or any other legal theory, and whether or not the party has been advised of the possibility of such damages.

9.3 Construction of Liability. This Agreement is not intended to, and shall not be construed as excluding or limiting any liability which cannot be limited or excluded by applicable law, including liability for:

  • 9.3.1 death or bodily injury caused by a party's negligence; or
  • 9.3.2 gross negligence, willful misconduct, or fraud.

10. MISCELLANEOUS

10.1 Assignment. This Agreement shall bind and inure to the benefit of each party's permitted successors and assigns. No party may assign this Agreement without the prior written consent of the other party, such consent not to be unreasonably withheld, except that either party may assign this Agreement in its entirety in connection with a merger, reorganization, acquisition, or other transfer of all or substantially all of such party's assets or voting securities to such party's successor; and Artstep may assign this Agreement in its entirety to an Artstep Affiliate. Each party shall promptly provide notice of any such assignment. Any attempt to transfer or assign this Agreement except as expressly authorized herein shall be null and void.

10.2 Independent Contractors. Nothing in this Agreement shall be construed to imply a joint venture, partnership, or principal-agent relationship between Artstep and you, and neither party shall have the right, power, or authority to obligate or bind the other in any manner whatsoever.

10.3 Notices. Utilization of the Service, transmission of emails to us, and completion of online forms shall constitute electronic communications.

  • 10.3.1 You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and through the Service, satisfy any legal requirement that such communication be in writing.
  • 10.3.2 You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Service.
  • 10.3.3 You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
  • 10.3.4 Notices for Artstep should be directed to: support@artstep.cn.

10.4 Force Majeure. With the exception of your payment obligations, neither party shall be liable to the other party for any delay or failure to perform which is due to fire, pandemic, virus, epidemic, travel advisories regarding health, security and/or terrorism, flood, lockout, transportation delay, war, acts of God, governmental rule or order, strikes, or other labor difficulties, or other causes beyond its reasonable control. However, in such event, both parties shall resume performance promptly after the cause of such delay or failure has been removed.

10.5 Dispute Resolution. We aspire to address your concerns without resorting to a formal legal process. Prior to initiating a claim against Artstep, you agree to attempt to resolve the dispute informally by contacting support@artstep.cn. We will respond to you via email as soon as practicable; however, a lack of response shall not be deemed to constitute any acquiescence or waiver. We will endeavor to resolve the dispute informally within thirty (30) days. If the dispute is not resolved within such period, you or Artstep may commence formal proceedings in accordance with Section 10.6 below.

10.6 Governing Law and Jurisdiction. This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter, performance, validity, enforceability, or formation shall be governed by and construed in accordance with the laws of Hong Kong, and shall be finally resolved by arbitration administered by the Hong Kong International Arbitration Centre ("HKIAC") in accordance with the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The seat of arbitration shall be Hong Kong, and the arbitration proceedings shall be conducted in the English language. The arbitral tribunal shall consist of one arbitrator. Nothing in this Clause shall preclude us from initiating proceedings or seeking remedies before any court of competent jurisdiction solely for the purposes of obtaining interim or interlocutory remedies or relief in relation to any breach of this Agreement or infringement of our Artstep IP.

10.7 Entire Agreement. This Agreement constitutes the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this Agreement. Notwithstanding the foregoing, Additional Services may be made available for your use at Artstep's sole discretion. Artstep may alter and update the Service. For clarity, all URL terms expressly referenced herein include any updates made to them in the future.

10.8 Severability and Waiver. This Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision of this Agreement. Should any term or provision of this Agreement be declared void or unenforceable by any court of competent jurisdiction, the Parties intend that a substitute provision will be added to this Agreement that, to the greatest extent possible, achieves the intended commercial result of the original provision. The failure of either Party to enforce any rights granted to it under this Agreement or to take action against the other Party in the event of any breach of this Agreement will not be deemed a waiver by that Party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.