Terms of Service

You may not access the Services: (a) if you do not agree to these terms and conditions; (b) if you are our direct competitor; or (c) for purposes of monitoring their availability, performance or functionality. The Site and Services are not intended for children under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, YOU MUST NOT USE OR ACCESS THE SITE OR SERVICE AT ANY TIME OR IN ANY MANNER.

The Services and the Site are evolving and are continually under development. If you are dissatisfied with the Service in any way, we ask you to tell us by sending an email to support@artistgrowth.com. We may make changes to this Agreement from time to time. When these changes are made, we will make a new copy of the Agreement available to you through your Account. Your use of the Services after the date on which the updated Agreement is made available to you through your Account constitutes your acceptance of the updated Agreement. If you disagree with changes to the Service or updates to the Agreement, your exclusive remedy is: (i) if you are a casual visitor, to stop visiting the Site; or (ii) if you are a subscribing customer, to provide us notice of your intention not to renew your subscription through the link in your Account.

1.0 Definitions

1.01. “Account” means the particular instance of the Site authorized for use by you and your Users under your specific login.

1.02. “Documentation” means the specifications and materials located at the Site about the Services.

1.03. “Order Form” means the documents for placing orders (located on the Site) hereunder that are entered into between you and us, including any addenda and supplements thereto. Order Forms shall be deemed incorporated herein by reference.

1.04. “Services” means all services you order from us, whether as a free trial or as a paid subscription and made available by us via the customer login link on the Site and/or other locations designated by us.

1.05. “Site” means http://www.artistgrowth.com.

1.06. “Subscription Period” means the subscription time selected in an Order Form.

1.07. “We,” “Us” or “Our” means Artist Growth, Inc.

1.08. “You” or “Your” means yourself individually or the company or other legal entity for which you are accepting this Agreement.

1.09. “Your Content” means any and all marketing assets, files, and content that you submit to, upload to, or use with the Services.

1.10. “User” means an authorized user of the Services, as designated in your Order Form.

1.11. “User Data” means all electronic data or information submitted by you and your Users.

1.12. “AI Provider” means any third-party artificial intelligence service provider (including without limitation providers such as Anthropic, OpenAI, Google, and Microsoft, and their respective AI assistant products such as Claude, ChatGPT, Gemini, and Copilot) that a user connects to the Services via an MCP Integration.

1.13. “MCP Integration” means the mechanism by which you connect a third-party AI Provider to the Services to query your User Data via the Model Context Protocol or similar API-based connectivity.

1.14. “Third-Party AI Output” or “AI-Generated Output” means any response, analysis, recommendation, or other content generated by an AI Provider using your User Data or Your Content transmitted via an MCP Integration.

2.0 Free Trial

2.01. If you register using a discount code or other trial offer (“Trial Offer”), we will make one or more Services available to you subject to the additional trial terms and conditions that appear on the Trial Offer registration web page or as part of the Trial Offer you received from us. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. By clicking creating an Account, executing an Order Form, or accessing or using the Services, you agree to this Agreement. If you accept on behalf of an organization, you represent and warrant that you have authority to bind that organization, in which case “Customer” means that organization; otherwise, you contract in your individual capacity.

2.02. User Data, configurations and customizations made by or for you during your Trial Offer period will be discarded unless you continue with the Service after the end of your Trial Offer period. If you have enabled any MCP Integration during your Trial Offer period, please note that any User Data or Your Content transmitted to an AI Provider for inference purposes may have been retained by that AI Provider subject to their own terms of service and privacy policy. We have no ability to retrieve or delete data transmitted to and processed by an AI Provider, and we are not responsible for that provider’s data retention practices.

2.03. NOTWITHSTANDING SECTION 9 (WARRANTIES AND DISCLAIMERS), DURING THE TRIAL OFFER PERIOD, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY.

3.0 Subscription

3.01. Subscription Services.

Upon your payment for Services and submission of an Order Form, we will make the Services available to you through your Account during the Subscription Period.

3.02. Users.

Your Account is only authorized for the number of Users specified in the Order Form. Each User shall be provided separate login credentials, and User subscriptions cannot be shared or used by more than one person. You may reassign User subscriptions and designate new Users to replace former Users who no longer use the Services. You may add additional Users by paying a prorated subscription fee for the new Users; the subscription for additional Users shall be coterminous with your existing subscription.

3.03. Service Commitment.

We will use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, except for: (a) planned downtime (generally during weekend hours between 6am and 11am Central Time or during low traffic times during the week) or (b) any unavailability caused by circumstances beyond our reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labor problems, infrastructure or Internet connectivity provider failures or delays, and denial of service or other malicious attacks. We will provide the Services in accordance with applicable laws and government regulations. We are not responsible for the loss of your records and User Data, and we highly recommend that you back up your records and User Data regularly. We make no service commitment with respect to the availability, performance, or reliability of any AI Provider or MCP Integration. Downtime or degraded performance of a connected AI Provider does not constitute a failure of our Service Commitment and does not entitle you to any service credit or remedy hereunder.

3.04. Updates.

The Service may automatically download and install updates from time to time from us. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functionality, or updates. You agree to receive such updates from us as part of your use of the Services.

3.05. Your Duties.

You are responsible for all activities that occur under your Account, including, without limitation, for Users’ compliance with this Agreement. You are responsible for the accuracy, quality and legality of User Data, and for ensuring that the Services are used only in accordance with the Documentation and applicable laws and government regulations. You agree to provide true, accurate, current and complete information about yourself and your Users as requested in any Order Form. You also agree to update the information about yourself and your Users promptly, and as necessary, to keep it current and accurate. You agree to use commercially reasonable efforts to prevent unauthorized access to or use of the Services and to notify us promptly of any such unauthorized access or use. If you enable any MCP Integration, you are responsible for all actions taken by your connected AI Provider while accessing the Services on your behalf. Any access to or query of your User Data or Your Content by a connected AI Provider shall be deemed an action taken under your Account, and you shall ensure that your use of any MCP Integration complies with this Agreement and all applicable laws.

3.06. Your Content.

You are solely responsible for Your Content. You assume all risks associated with use of Your Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of Your Content that personally identifies you or any third party. You hereby represent and warrant that Your Content does not violate Restrictions defined in Section 4.0. Since you alone are responsible for Your Content, you may expose yourself to liability if, for example, Your Content violates the Restrictions or any applicable law. We reserve the right to remove any of Your Content without prior notice in the event we in our sole discretion believe that Your Content violates these Terms or our Privacy Policy. We are not obligated to backup any of Your Content, and Your Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of Your Content if you desire. If you enable any MCP Integration, you acknowledge that User Data and Your Content may be transmitted outbound to an AI Provider for inference purposes. You are solely responsible for ensuring that any such transmission complies with applicable law and the terms of your agreement with that AI Provider. We are not responsible for how an AI Provider receives, processes, stores, or uses your User Data or Your Content once transmitted. You acknowledge that we may remove or disable Your Content upon a valid legal demand, infringement notice, platform request, or reasonable belief that the content violates the Agreement or creates material risk.

3.07. License to Your Content.

You hereby grant (and you represent and warrant that you have the right to grant) to us an irrevocable, nonexclusive, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use Your Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including Your Content in the Services. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your Content.

4.0 Restrictions

4.01. Usage Limitations.

You may not use the Services or accept this Agreement if you are not of a legal age to form a binding contract with us. The Services may be subject to other limitations, as specified in the Documentation. As a condition of use, you promise not to use the Service for any purpose that is prohibited by this Agreement. You further promise not to build a product or service that is competitive to the Services. You may not use any MCP Integration or AI Provider connection to systematically extract, replicate, or repurpose User Data or Your Content in a manner that would compete with or substitute for the Services, or that would enable the training, fine-tuning, or development of any AI model without our prior written consent.

4.02. Prohibited Activities.

You shall not: (a) make the Services available to anyone other than Users, (b) sell, resell, rent or lease the Services, (c) use the Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights, (d) use the Services for any malicious purpose, (e) interfere with or disrupt the integrity or performance of the Services or third-party data contained therein, or (f) attempt to gain unauthorized access to the Services or their related systems or networks. You agree not to use the Services to collect, upload, transmit, display, or distribute any of Your Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable, (iii) that is harmful to minors in any way, or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party. Notwithstanding subsection (a) above, you may permit an AI Provider to access the Services on your behalf solely through an authorized MCP Integration and solely to the extent necessary to perform inference or query functions you have explicitly enabled. Such access does not constitute making the Services available to a non-User provided that: (i) the AI Provider is accessing the Services solely at your direction; (ii) you remain fully responsible for all such access under Section 3.05; and (iii) the AI Provider does not store, resell, or otherwise exploit your User Data or Your Content beyond what is necessary to fulfill your requested query.

4.03. Examples of Prohibited Activities.

By way of example, and not as a limitation, you shall not (and shall not permit any third party to): (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service, including without limitation any User Data, that:

4.03.1 Infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
4.03.2 modifies, adapts, appropriates, reproduces, distributes, translates, creates derivative works or adaptations of, publicly displays, republishes, repurposes, sells, trades, or in any way exploits the Service, except as expressly authorized by us;
4.03.3 deciphers, decompiles, disassembles, reverse engineers or otherwise attempts to derive any source code or underlying ideas or algorithms of any part of the Service (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction;
4.03.4 you know is false, misleading, untruthful or inaccurate;
4.03.5 is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate as determined by us in our sole discretion;
4.03.6 imposes or may impose (as we determine in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure;
4.03.7 constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
4.03.8 interferes with or may interfere with the proper working of the Service or any activities conducted on the Service;
4.03.9 involves commercial activities (whether or not for profit) and/or sales, such as contests, sweepstakes, barter, advertising, or pyramid schemes, without our prior written consent;
4.03.10 bypasses any measures we may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service);
4.03.11 contains software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information belonging to us or any third party;
4.03.12 employs manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site;
4.03.13 harvests or scrapes any data or content from the Service, including without limitation through automated queries, bots, or scripts not expressly authorized by us; provided, however, that authorized MCP Integrations enabled through your Account settings shall not be deemed harvesting or scraping so long as such integrations are used solely for permitted inference and query functions and not for bulk extraction or replication of User Data or Your Content;
4.03.14 impersonates any person or entity, including our employees or representatives;
4.03.15 includes anyone’s identification documents or sensitive financial information;
4.03.16 breaches our privacy policy and/or any of the other policies and rules incorporated herein; or
4.03.17 that otherwise violates our guidelines and policies.

4.04. Image Restrictions.

If the User Data includes an image, our image guidelines shall apply. We have a zero-tolerance policy against child pornography, and will terminate and report to the appropriate authorities any User who publishes or distributes child pornography.

5.0 Third Party Services and User Data You Send to Public Forums

5.01. Additional Third Party Terms.

You may access and subscribe to third-party products or services as add-ons or additional modules to provide specific functionality to the Services, including, without limitation, educational content, specialized industry information and other services. All third-party products and services are provided subject to all restrictions required by us at the time of your subscription to such third-party products or services. MCP Integrations that connect AI Providers to the Services are subject to the terms and conditions of the applicable AI Provider, in addition to this Agreement. By enabling an MCP Integration, you acknowledge that you have reviewed and agreed to the AI Provider’s terms of service and privacy policy, and that AG is not a party to and has no responsibility for the terms governing your relationship with that AI Provider. We reserve the right to restrict, suspend, or discontinue support for any MCP Integration at any time in our sole discretion.

5.02. Integration with Third Party Services.

The Services may contain features designed to interoperate with third party applications (e.g., Google, Facebook or X applications). To use such features, you must have an account with such applications. If the provider of any such third party application ceases to allow us to integrate on reasonable terms, we may cease providing such Service features without entitling you to any refund, credit, or other compensation. MCP Integrations enabling AI Providers to access the Services represent a distinct category of third-party integration in which User Data and Your Content are transmitted outbound to an AI Provider for inference processing. We make no representations regarding the data handling, security, or privacy practices of any AI Provider, and we are not responsible for any loss, disclosure, or misuse of User Data or Your Content that occurs after transmission to an AI Provider. If any AI Provider ceases to support MCP connectivity on reasonable terms, we may discontinue that integration without entitling you to any refund, credit, or other compensation.

5.03. Links to Third Party Sites; Third Party Contact Information.

As you use the Service, you may notice links and contact information for third parties. These links and this contact information are for your convenience only. If you use these links or contact information, you will be outside of the Service. We are not responsible for the availability, content or services provided by these third parties. In addition, these links and this contact information are not an endorsement or approval of these third parties. The services of these third parties will be provided under terms determined solely between you and them.

5.04. User Data You Submit to Public Forums.

The Services include features that facilitate your use of third party publicity applications (e.g., Google, Facebook or X) and/or public forums within the Service (“Public Forums”). The Services will tell you when your User Data is being submitted in a manner that will be posted to a Public Forum. When you submit User Data using these features of the Service, we and such Public Forums only grant you the right to use the Services on a through-to-the-audience basis. Neither we nor such Public Forums shall have any liability to you or any third party for such User Data uploaded to, transmitted or publicly performed through the Service and made publicly available through such a Public Forum.

5.05. User Data and Your Content Transmitted via MCP Integrations.

When you enable an MCP Integration, User Data and Your Content may be transmitted to an AI Provider for private inference purposes. Unlike User Data submitted to Public Forums, MCP-transmitted data is not made publicly available through the Services. However, we have no visibility into, control over, or responsibility for how an AI Provider receives, processes, retains, or protects your User Data or Your Content once transmitted. Neither we nor any AI Provider shall have any liability to you or any third party for any loss, disclosure, alteration, or misuse of User Data or Your Content that occurs within or through an AI Provider’s systems. You assume all risks associated with enabling MCP Integrations and transmitting User Data or Your Content to AI Providers.

6.0 Fees and Payment

6.01. Fees.

You shall pre-pay all fees specified in your Order Forms at the beginning of your Subscription Period, and you acknowledge that the fees are not based on your actual usage. All fees paid are non-refundable.

6.02. Payment.

In accordance with your Order Form, you will provide us with valid and updated credit card or debit card information. You authorize us to charge your credit card or debit card for all Services listed in the Order Form for each Subscription Period. You are responsible for providing complete and accurate card and contact information to us and notifying us of any changes to such information.

6.03. Overdue Charges.

If any charges are not paid by beginning of the applicable Subscription Period, then at our discretion we may (a) charge late interest at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid; (b) suspend or terminate the Services; and/or (c) condition future Subscription Periods and Order Forms on earlier payment and in shorter payment intervals.

6.04. Access Charges.

You are responsible for all connectivity costs and expenses required to access the Site, including, without limitation, Internet service provider fees.

6.05. Taxes.

Unless otherwise stated, our fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-added, sales, use or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction (collectively, “Taxes”). You are responsible for paying all Taxes associated with your Account. If we are legally obligated to pay or collect your Taxes under this paragraph, the appropriate amount shall be invoiced to and paid by you.

7.0 Ownership of Site and Services

7.01. Rights in Services.

We reserve all rights, title and interest in and to the Site and the Services, including all related intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein. We claim no ownership rights in any AI-Generated Outputs produced through an MCP Integration. AI-Generated Outputs are subject to the AI Provider’s terms of service regarding ownership and permitted use. We make no representations regarding your ownership of or rights in any AI-Generated Outputs, and any such rights are governed solely by your agreement with the applicable AI Provider.

7.02. Suggestions.

We shall have a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into the Site and the Services any suggestions, enhancement requests, recommendations or other feedback provided by you, including Users. This license applies solely to suggestions and feedback provided directly by you or your Users. AI-Generated Outputs produced through an MCP Integration are not subject to this license and shall not be deemed suggestions or feedback hereunder, regardless of whether such outputs are based on or derived from your User Data or Your Content.

7.03. Government Use.

The Services include “commercial computer software” and related documentation within the meaning of Federal Acquisition Regulation 2.101, 12.212, and 27.405-3 and Defense Federal Acquisition Regulation Supplement 227.7202 and 52.227-7014(a). The Services are highly proprietary to us and our licensors. You shall ensure that all Users, including those that are representatives of the U.S. Government or any other government body, are permitted to use the Services only as expressly authorized under this Agreement. Neither you nor any government body shall receive any ownership, license, or other rights other than those expressly set forth herein, irrespective of: (a) whether you are an agency, agent, or other instrumentality of the U.S. Government or any other government body, (b) whether you are entering into or performing under this Agreement in support of a U.S. Government or any other government agreement or utilizing any U.S. Government or any other government funding of any nature, or (c) anything else.

8.0 Confidentiality

8.01. Definition.

The term “Confidential Information” means the provisions of this Agreement and an Order Form, and any and all information, written or oral, provided or made available by or on behalf of one party or its affiliates, contractors, or vendors to the other party or its affiliates, contractors, or vendors in connection with this Agreement or the parties’ relationship hereunder, whether or not designated as confidential. Information of a third party to whom a party owes a duty of confidentiality will be treated as Confidential Information of that party if it meets the description above. However, Confidential Information does not include information that: was or is publicly available other than as a result of breach of this Agreement by Recipient, was or is lawfully received by the Recipient free of any obligation of confidentiality, or is independently developed by or on behalf of the Recipient without use of the Discloser’s Confidential Information.

8.02. Obligations.

Each party (“Recipient”) will not access or use Confidential Information of the other (“Discloser”) for any purposes other than performance of its obligations or receipt of benefits hereunder and shall maintain such information in the strictest confidence, except for disclosures expressly authorized hereunder. Recipient may disclose the Discloser’s Confidential Information to Recipient’s employees, attorneys, advisors, and contractors who have a legitimate “need to know,” provided that Recipient ensures that all such entities and persons are obligated to and do comply with confidentiality obligations consistent with (and no less restrictive than) this Section 8 (Confidentiality), but in no event may you disclose any of our Confidential Information to any of our competitors (or any of their affiliates) or any employees or contractors of any such competitors. Recipient may additionally disclose the Discloser’s Confidential Information to the extent such disclosure is necessary in connection with the enforcement of this Agreement. User Data and Your Content transmitted to an AI Provider through an MCP Integration remain Confidential Information of the user notwithstanding such transmission, but AG’s confidentiality obligations under this Section 8 extend only to AG’s own handling of such data. AG is not responsible for and makes no representations regarding the confidentiality or data protection practices of any AI Provider. You are solely responsible for ensuring that any AI Provider you connect to the Services is bound by confidentiality and data protection obligations acceptable to you.

8.03. Compelled Disclosure.

The Recipient may disclose Confidential Information of the Discloser if it is compelled by law to do so, provided the Recipient gives the Discloser prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Discloser’s cost, if the Discloser wishes to contest the disclosure. If the Recipient is compelled by law to disclose the Discloser’s Confidential Information as part of a civil proceeding to which the Discloser is a party, and the Discloser is not contesting the disclosure, the Discloser will reimburse the Recipient for its reasonable cost of compiling and providing secure access to such Confidential Information.

8.04. Privacy and User Information.

For information about our data protection practices, please read our Privacy Policy. This policy explains how we treat User Data and protect your privacy when you use the Services. You agree to the use of User Data in accordance with our privacy policy. To the extent AG processes Personal Data on Customer’s behalf, Customer is the controller and AG is the processor. AG will process Personal Data only on documented instructions; ensure authorized personnel are bound by confidentiality; implement appropriate technical and organizational measures; impose equivalent obligations on subprocessors; assist with data-subject requests, impact assessments, consultations, and breach obligations; delete or return Personal Data at termination; and make information reasonably necessary to demonstrate compliance available to Customer.

8.05. User Data.

As described more fully in our privacy policy, you grant us broad rights to use and exploit de-identified data, including de-identified User Data, collected by us through your use of the Services, which rights continue even after this Agreement ends. Except for our limited rights to use the User Data set forth throughout this Section 8 and in our privacy policy, we acquire no right, title or interest from you or your Users under this Agreement in or to User Data, including any intellectual property rights therein. AG’s rights to use de-identified User Data under this Section 8.05 apply solely to data processed within AG’s own systems. User Data or Your Content transmitted to an AI Provider through an MCP Integration and de-identified by that AI Provider during inference processing is not subject to AG’s de-identification rights hereunder, and any use of such de-identified data by the AI Provider is governed solely by that provider’s terms of service. AG makes no representations regarding and assumes no responsibility for any de-identification practices employed by an AI Provider.

9.0 Warranties

9.01. Our Warranties.

We warrant that (i) we have validly entered into this Agreement and have the legal power to do so, (ii) the Services shall perform materially in accordance with the Documentation, and (iii) we will not transmit any malicious software to you, provided it is not a breach of this subpart (iii) if you or a User uploads a file containing malicious software into the Services and later downloads that file again. For any breach of a warranty above, your exclusive remedy shall be as provided in Section 12.3 (Termination for Cause) and Section 12.4 (Refund or Payment upon Termination) below. Our warranties under this Section 9.01 extend solely to the Services as operated by AG and do not apply to any MCP Integration or AI Provider. We make no warranty regarding the availability, accuracy, reliability, or performance of any AI Provider or AI-Generated Outputs produced through an MCP Integration. Any disruption, degradation, or failure of an MCP Integration resulting from the acts or omissions of an AI Provider shall not constitute a breach of our warranties hereunder.

9.02. Your Warranties.

You warrant that you have validly entered into this Agreement and have the legal power to do so, and that you will abide by the restrictions on use of the Services contained herein. If you are acting on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to this Agreement. You represent and warrant that any User Data is truthful, accurate, not misleading, offered in good faith, and that you and your Users have all rights, licenses, permissions and authorizations necessary to upload and transmit such User Data to us and/or through the Service.

9.03. Disclaimer.

NOTWITHSTANDING ANYTHING ELSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SUBJECT ONLY TO SECTION 9.1 AND SECTION 11.1, ALL SERVICES, INFORMATION AND MATERIALS ARE PROVIDED “AS IS”, AND WE EXPRESSLY DISCLAIM ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION: (A) ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, OR HAVE BEEN ADVISED OF ANY SUCH PURPOSE); (B) ANY WARRANTY REGARDING RESULTS OBTAINABLE OR TO BE OBTAINED BY USERS AS A RESULT OF PROVISION OR USE OF THE SERVICES AND MATERIALS PROVIDED HEREUNDER; AND (C) ANY WARRANTY OF UNINTERRUPTED, TIMELY, OR ERROR-FREE OPERATION OF ANY SERVICES. NO ADVICE OR INFORMATION, WHETHER WRITTEN, ORAL OR MULTIMEDIA, OBTAINED BY YOU FROM THE SERVICES SHALL CREATE ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. THIS DISCLAIMER EXPRESSLY INCLUDES ANY AI-GENERATED OUTPUTS PRODUCED THROUGH AN MCP INTEGRATION. WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY AI-GENERATED OUTPUT, AND YOU ASSUME ALL RISK ASSOCIATED WITH YOUR RELIANCE ON OR USE OF ANY SUCH OUTPUT.

9.04. RISK OF INACCURACY OF INFORMATION.

YOU ACKNOWLEDGE THAT MANY FEATURES PROVIDED BY THE SITE ARE INTENDED TO AGGREGATE AND MANAGE THIRD PARTY DATA AND INFORMATION FROM NUMEROUS SOURCES. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, INTEGRITY, QUALITY, LEGALITY, USEFULNESS, OR SAFETY OF SUCH INFORMATION. YOU WAIVE ANY CLAIMS YOU MAY OTHERWISE HAVE, AND YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES OR INCONVENIENCES YOU MAY SUFFER AS A RESULT OF INACCURATE OR INCOMPLETE DATA OR INFORMATION PROVIDED TO YOU OR YOUR USERS BY THE SERVICE. YOU FURTHER ACKNOWLEDGE THAT AI-GENERATED OUTPUTS PRODUCED THROUGH MCP INTEGRATIONS ARE SUBJECT TO KNOWN LIMITATIONS OF ARTIFICIAL INTELLIGENCE SYSTEMS, INCLUDING WITHOUT LIMITATION THE RISK OF FACTUALLY INCORRECT, INCOMPLETE, OR MISLEADING OUTPUTS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGES, LOSSES, OR LIABILITIES ARISING FROM YOUR RELIANCE ON AI-GENERATED OUTPUTS, AND WE STRONGLY RECOMMEND THAT YOU INDEPENDENTLY VERIFY ANY AI-GENERATED OUTPUT BEFORE RELYING ON IT FOR ANY BUSINESS, FINANCIAL, LEGAL, OR OTHER CONSEQUENTIAL PURPOSE.

9.05. Beta Services.

From time to time we may invite you to try, at no charge, our products or services that are not generally available to our customers (“Beta Services”). You may accept or decline any such trial in your sole discretion. Any Beta Services will be clearly designated as Beta, pilot, limited release, developer preview, non-production or by a description of similar import. Beta Services are provided for evaluation purposes and not for production use, are not supported, may contain bugs or errors, and may be subject to additional terms. BETA SERVICES ARE NOT CONSIDERED “SERVICES” HEREUNDER AND ARE PROVIDED “AS IS” WITH NO EXPRESS OR IMPLIED WARRANTY. We may discontinue Beta Services at any time in our sole discretion.

10.0 Indemnification

10.01. Indemnification by Us.

We shall defend you against any claim, demand, suit, or proceeding made or brought against you by a third party alleging that the use of the Services (except for information described in Section 9.4) as permitted hereunder infringes or misappropriates the intellectual property rights of a third party (a “Claim We Cover”), and we shall indemnify you for any damages, attorney fees and costs finally awarded against you as a result of, and for amounts paid by you under a court-approved settlement of a Claim We Cover; provided that you: (a) promptly give us written notice of the Claim We Cover; (b) give us sole control of the defense and settlement of the Claim We Cover (provided that we may not settle any Claim We Cover unless the settlement unconditionally releases you of all liability); and (c) provide to us all reasonable assistance, at our expense. In the event of a Claim We Cover, or if we reasonably believe the Services may infringe or misappropriate, we may in our discretion and at no cost to you (i) modify the Services so that they no longer infringe or misappropriate, (ii) obtain a license for your continued use of the Services in accordance with this Agreement, or (iii) terminate your Account and User subscriptions for such Services upon 30 days written notice and refund any prepaid fees covering the remainder of the term of such User subscriptions after the effective date of termination. Our indemnification obligations under this Section 10.01 do not extend to any claims arising from AI-Generated Outputs produced through an MCP Integration, including any claim that such outputs infringe or misappropriate the intellectual property rights of a third party. Any such claims are solely between you and the applicable AI Provider, and you acknowledge that AG has no control over and assumes no responsibility for the content of AI-Generated Outputs.

10.02. Indemnification by You.

You shall defend us against any claim, demand, suit or proceeding made or brought against us by a third party alleging that Your Content, User Data or your use of the Services in violation of this Agreement infringes or misappropriates the intellectual property rights of a third party or violates applicable law (a “Claim You Cover”), and shall indemnify us for any damages, attorney fees and costs as a result of, or for any amounts paid by us in respect of a Claim You Cover; provided that we: (a) promptly give you written notice of the Claim You Cover; (b) give you sole control of the defense and settlement of the Claim You Cover (provided that you may not settle any Claim You Cover unless the settlement unconditionally releases us of all liability); and (c) provide to you all reasonable assistance, at your expense. You shall also defend and indemnify us against any claim arising from or related to: (i) your selection, configuration, or use of any MCP Integration or AI Provider; (ii) any AI-Generated Output produced through your MCP Integration; (iii) any transmission of User Data or Your Content to an AI Provider through your Account; or (iv) any violation of an AI Provider’s terms of service by you or your Users in connection with an MCP Integration.

10.03. Exclusive Remedy.

This Section 10 (Indemnification) states the indemnifying party’s sole liability to, and the indemnified party’s exclusive remedy against, the other party for any type of claim described in this Section.

11.0 Limitation of Liability

11.01. Limitations.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR LICENSORS SHALL BE LIABLE WITH RESPECT TO ANY SERVICES AND/OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR: ANY AMOUNTS IN EXCESS OF THE APPLICABLE FEES PAID DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE FIRST EVENT, ACTION, OR OMISSION GIVING RISE TO THE CLAIM FOR WHICH ANY CREDITS OR DAMAGES ARE PAID OR HELD RECOVERABLE HEREUNDER. FOR CLARIFICATION, ANY SERVICE CREDITS PAID BY US SHALL REDUCE OUR LIABILITY CAP ON A DOLLAR-FOR-DOLLAR BASIS AND SHALL NOT BE DEEMED OR TREATED AS AN ADMISSION OF LIABILITY. ALL OF THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. YOU MAY ONLY BRING A CLAIM AGAINST US WITHIN SIX (6) MONTHS FROM THE DATE THE PARTICULAR CLAIM ACCRUED OR THE APPLICABLE CAUSE OF ACTION IS PERMANENTLY BARRED.

IN NO EVENT SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY BUSINESS INTERRUPTION, LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. HOWEVER, IN SUCH EVENT, YOU AGREE THAT SUCH LIMITATIONS OF LIABILITY ARE REASONABLE, AND ARE FUNDAMENTAL ELEMENTS FOR THE SCOPE OF THE SERVICE AND THE FEES CHARGED TO YOU. YOU UNDERSTAND AND ACKNOWLEDGE THAT WE WOULD NOT BE ABLE TO OFFER THE SERVICE TO YOU WITHOUT THESE LIMITATIONS.

12.0 Term and Termination

12.01. Term.

This Agreement commences on the Effective Date and continues until all User subscriptions granted in accordance with this Agreement have expired or been terminated. If you elect to use the Services for a Trial Period and do not terminate your subscription before the end of that Trial Period, your subscription will automatically convert to a regular subscription.

12.02. Term of Purchased User Subscriptions.

User subscriptions commence on the start date specified in the applicable Order Form and continue for the Subscription Period specified therein. User subscriptions shall automatically renew for additional periods equal to the expiring subscription term or one year (whichever is shorter), unless either party gives the other notice of non-renewal at least 30 days before the end of the relevant subscription term. The pricing during any such renewal term shall be the same as that during the prior term unless we have given you written notice of a pricing increase at least 60 days before the end of such prior term, in which case the pricing increase shall be effective upon renewal and thereafter. Any such pricing increase shall not exceed 7% of the pricing for the relevant Services in the immediately prior subscription term, unless the pricing in such prior term was designated in the relevant Order Form as promotional or one-time.

12.03. Termination.

A party may terminate this Agreement for cause: (i) upon 30 days written notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors. We may also terminate this Agreement for any reason upon thirty (30) days written notice to you.

12.04. Refund or Payment upon Termination.

Upon any termination for cause by you or termination without cause by us, we shall refund you any prepaid fees covering the remainder of the term of all subscriptions after the effective date of termination. Upon any termination for cause by us, you shall pay any unpaid fees covering the remainder of the term of all Order Forms after the effective date of termination. In no event shall any termination relieve you of the obligation to pay any fees payable to us for the period prior to the effective date of termination.

12.05. Return of User Data.

Upon request by you made within 30 days after the effective date of termination, we will make available to you for download a file of User Data in comma separated value (.csv) format along with attachments in their native format. After such 30-day period, we shall have no obligation to maintain or provide any User Data and shall thereafter, unless legally prohibited, delete all User Data in our systems or otherwise in our possession or under our control. Our obligations under this Section 12.05 extend solely to User Data and Your Content held within AG’s own systems. Any User Data or Your Content previously transmitted to an AI Provider through an MCP Integration is outside AG’s possession and control, and AG has no obligation to retrieve, return, or delete such data upon termination. Your rights and remedies with respect to data held by an AI Provider are governed solely by your agreement with that provider.

12.06. Surviving Provisions.

Section 6 (Fees and Payment), 7 (Ownership), 8 (Confidentiality), 9.3 (Disclaimer), 10 (Indemnification), 11 (Limitation of Liability), 12.4 (Refund or Payment upon Termination), 12.5 (Return of User Data), 5.05 (User Data and Your Content Transmitted via MCP Integrations), and 14 (Miscellaneous) shall survive any termination or expiration of this Agreement.

13.0 Copyright and Trademark Policies

13.01. It is our policy to respond to notices of alleged copyright infringement, which comply with applicable law (including the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers. Details of our policy can be found at dmca@artistgrowth.com. Trademark infringement complaints can be submitted to us and will be handled by us using the same procedure. Our copyright and trademark policies apply solely to content uploaded, submitted, or distributed by you or your Users through the Services. AI-Generated Outputs produced through an MCP Integration are generated by an AI Provider and are not content submitted by AG. We are not responsible for and make no representations regarding whether any AI-Generated Output infringes or misappropriates the copyright, trademark, or other intellectual property rights of any third party. If you store, use, or distribute any AI-Generated Output through the Services, you do so at your own risk and you are solely responsible for ensuring that such output does not violate any third-party intellectual property rights. Any copyright or trademark infringement claims arising from AI-Generated Outputs are solely between you and the applicable AI Provider, and you agree to indemnify and hold AG harmless from any such claims in accordance with Section 10.02.

14.0 Miscellaneous

14.01. Notices.

You agree that we may provide you with notice, including changes to this Agreement, by email, regular mail or postings in your Account.

14.02. Governing Law/Forum.

This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee, disregarding any conflict-of-laws rules which may direct the application of the laws of another jurisdiction. Venue shall be exclusively in Davidson County, Tennessee.

14.03. Export Compliance.

The Services, other technology we make available, and derivatives thereof may be subject to export laws and regulations of the United States and other jurisdictions. Each party represents that it is not named on any U.S. government denied-party list. You shall not permit Users to access or use Services in a U.S.-embargoed country (currently Cuba, Iran, North Korea, Sudan or Syria) or in violation of any U.S. export law or regulation. You are solely responsible for ensuring that your use of any MCP Integration complies with all applicable U.S. export laws and sanctions regulations. AG makes no representations regarding the geographic location of any AI Provider’s inference infrastructure and has no ability to control or monitor where your User Data or Your Content is processed by an AI Provider. Any exposure to export control or sanctions liability arising from the transmission of User Data or Your Content to an AI Provider whose infrastructure is located in or routes data through an embargoed jurisdiction is solely your responsibility, and you agree to indemnify and hold AG harmless from any claims, penalties, or liabilities arising therefrom.

14.04. Relationship of the Parties.

The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties.

14.05. No Third-Party Beneficiaries.

There are no third-party beneficiaries to this Agreement.

14.06. Waiver.

No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right.

14.07. Severability.

If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect.

14.08. Attorney Fees.

You shall pay on demand all of our reasonable attorney fees and other costs incurred by us to collect any fees or charges due us under this Agreement following your breach of Section 6.2 (Payment).

14.09. Assignment.

Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, either party may assign this Agreement in its entirety (including all Order Forms), without consent of the other party, to its Affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets not involving a direct competitor of the other party. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties, their respective successors and permitted assigns. MCP Integration configurations, including any connected AI Provider relationships established through your Account, are personal to you and your organization and may not be assigned, transferred, or assumed by any third party without our prior written consent. In the event of a permitted assignment of this Agreement, any MCP Integration configurations associated with your Account shall be subject to review and reauthorization by us before becoming active under the assignee’s Account. We reserve the right to discontinue or require reconfiguration of any MCP Integration in connection with any permitted assignment.

14.10. Interpretation.

No provision shall be construed against a party by reason of the fact that such party or its legal counsel drafted that provision, notwithstanding any rule of law or any legal decision to the contrary. For purposes of interpreting this Agreement: (a) the terms “herein,” “hereof,” “hereto,” “herewith”, “hereunder,” “hereinafter,” and similar terms shall refer to this Agreement as a whole; (b) the terms “includes” and “including” shall mean “include[ing], without limitation”; (c) references to Sections in any particular Attachment shall refer to Sections in that same Attachment, unless otherwise specified therein; and (d) headings contained herein are for convenience of reference only and shall not affect the interpretation of this Agreement. For purposes of this Agreement, whenever the context requires, the singular number will include the plural, and vice versa.

14.11. Entire Agreement.

This Agreement, including all exhibits and addenda hereto and all Order Forms, constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and either signed or accepted electronically by the party against whom the modification, amendment or waiver is to be asserted. However, to the extent of any conflict or inconsistency between the provisions in the body of this Agreement and any exhibit or addendum hereto or any Order Form, the terms of such exhibit, addendum or Order Form shall prevail. Notwithstanding any language to the contrary therein, no terms or conditions stated in Your purchase order or other order documentation (excluding Order Forms) shall be incorporated into or form any part of this Agreement, and all such terms or conditions shall be null and void.