Terms of Service

1. THE AGREEMENT

These Terms of Service ("Terms") constitute a legally binding agreement between Omnity Technologies LTD ("Company", "We", "Us", or "Artilect AI"), a company registered in England and Wales, and the individual or entity ("User", "You") accessing or using the Artilect AI mobile application and website (collectively, the "Service").

2. NATURE OF THE SERVICE

2.1. The Tool

Artilect AI is a productivity, financial tracking, and fitness logging interface. It is a data aggregation tool designed to assist Users in self-management.

2.2. No Professional Advice

The Company is NOT a bank, financial planner, investment advisor, medical doctor, or emergency service. The Service provides algorithmic suggestions based on User input. These suggestions are for informational and entertainment purposes only.

2.3. "AI" and Algorithmic Features

You acknowledge that the term "AI" in the Service name refers to "Algorithmic Insight." The Service utilizes proprietary deterministic algorithms to analyze data. Advanced Generative AI or Large Language Model (LLM) features may be labeled as "Beta" and are subject to errors, hallucinations, and inaccuracies. You agree not to rely on any automated output as fact.

3. ELIGIBILITY

3.1. Age Requirement

You must be at least 18 years old to use the Service. By using the Service, You represent and warrant that You meet this requirement.

3.2. Jurisdiction

You represent that You are not located in a country subject to UK, US, or EU government embargo, or that has been designated as a "terrorist supporting" country.

4. USER ACCOUNTS & SECURITY

4.1. Registration

You agree to provide accurate, current, and complete information during the registration process.

4.2. Security

You are responsible for safeguarding your password and device. You agree to accept responsibility for all activities that occur under your account.

4.3. Data Loss

The Company is not responsible for the loss of any data (e.g., workout logs, financial history) resulting from account theft, device failure, or Service outages.

5. SUBSCRIPTIONS, BILLING, AND CANCELLATION

5.1. App Store Processing

The Service is available via subscription ("PRO"). Payment is processed exclusively by the third-party app store provider (e.g., Apple App Store, Google Play Store).

5.2. No Refunds from Company

ALL PURCHASES ARE FINAL. The Company does not have the ability to process refunds, as transactions are handled by Apple/Google. Refund requests must be submitted directly to the App Store provider in accordance with their policies.

5.3. Cancellation

You may cancel your subscription at any time via your App Store settings. Uninstalling the app does NOT cancel your subscription. You are responsible for managing your own billing settings.

5.4. Price Changes

We reserve the right to modify subscription fees. Any price changes will take effect following notice to You, usually upon your next renewal cycle.

6. HEALTH AND FITNESS DISCLAIMER

6.1. Assumption of Risk

The Service allows users to log workouts and view exercise metrics. You acknowledge that physical exercise carries inherent risks of injury, heart attack, or death. You voluntarily assume all such risks.

6.2. Medical Clearance

You agree that You have consulted with a physician before beginning any exercise program. You will not rely on the Service to diagnose or treat any medical condition.

6.3. The "Energy System" Disclaimer

The "Energy," "XP," and "Health Stats" displayed in the Service are gamified metrics designed for motivation. They are NOT clinical physiological measurements. You agree not to make health decisions based on these gamified scores.

7. FINANCIAL DISCLAIMER

7.1. User-Submitted Data

The Service relies solely on financial data manually entered by You. The Company does not verify the accuracy, completeness, or authenticity of any financial data you input.

7.2. Calculation Errors

While we strive for accuracy, the Company is not responsible for any calculation errors, data entry errors, or budget miscalculations that may occur within the Service.

7.3. No Fiduciary Duty

The Company is not your financial fiduciary.

7.4. Liability for Decisions

You are solely responsible for your financial decisions. The Company shall not be liable for overdraft fees, late payment penalties, interest charges, or investment losses resulting from your reliance on the Service or your own data entry errors.

8. INTELLECTUAL PROPERTY & DATA RIGHTS

8.1. Company IP

The Service, including its "Energy System" algorithms, code, design, and branding, is the property of Omnity Technologies LTD and its licensors. The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries.

8.2. Aggregated Data (The Commercial License)

While You retain ownership of your specific personal data, You grant the Company an irrevocable, perpetual, worldwide, royalty-free license to anonymize and aggregate your data via internal systems ("Aggregated Data"). The Company owns all right, title, and interest in Aggregated Data and may use, sell, license, or distribute it to third parties for any purpose (including benchmarking, market research, and AI training) without compensation to You.

8.3. Feedback

Any suggestions or feedback You provide are voluntary and may be used by the Company without obligation to You.

9. PROHIBITED CONDUCT

You agree not to:

• 9.1. Reverse engineer, decompile, or attempt to extract the source code or algorithms of the Service.
• 9.2. Use the Service for any illegal purpose, including money laundering or fraud.
• 9.3. Access the Service via automated means (bots, scrapers) without permission.

10. TERMINATION

We reserve the right to suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason or no reason, including but not limited to a breach of these Terms. Upon termination, your right to use the Service will immediately cease.

11. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

11.1. NO INDIRECT DAMAGES

IN NO EVENT SHALL OMNITY TECHNOLOGIES LTD BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL.

11.2. LIABILITY CAP

THE COMPANY'S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO THE COMPANY IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR £100 GBP, WHICHEVER IS GREATER.

12. GOVERNING LAW (NON-US USERS)

For users residing outside the United States:

These Terms shall be governed by and construed in accordance with the laws of England and Wales. You agree to submit to the exclusive jurisdiction of the courts located in London, UK, to resolve any legal matter arising from these Terms.

13. DISPUTE RESOLUTION (US USERS ONLY)

For users residing in the United States:

13.1. Binding Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.

13.2. Location

The arbitration shall be conducted in the English language.

13.3. CLASS ACTION WAIVER

YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

13.4. Jury Waiver

You waive any constitutional and statutory rights to go to court and have a trial in front of a judge or a jury.

14. SEVERABILITY AND WAIVER

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

15. CONTACT INFORMATION

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

16. NOTICE REGARDING APPLE (REQUIRED FOR IOS USERS)

If you are accessing the Service via an application obtained from the Apple App Store, the following additional terms apply:

16.1. Acknowledgement

You acknowledge that these Terms are between You and the Company only, and not with Apple Inc. ("Apple"). The Company, not Apple, is solely responsible for the Service and the content thereof.

16.2. Scope of License

The license granted to You for the Service is limited to a non-transferable license to use the Service on any Apple-branded products that You own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.

16.3. Maintenance and Support

Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service.

16.4. Warranty

In the event of any failure of the Service to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the Service to You. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service.

16.5. Product Claims

You acknowledge that the Company, not Apple, is responsible for addressing any claims of You or any third party relating to the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

16.6. IP Rights

You acknowledge that, in the event of any third-party claim that the Service or Your possession and use of the Service infringes that third party's intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

16.7. Third Party Beneficiary

You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that, upon Your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against You as a third-party beneficiary thereof.