Terms of Service
Please read this Agreement carefully before accessing or using ARtillry PRO. By accessing or using any part of the ARtillry PRO, the Subscriber agrees to become bound by the terms and conditions of this agreement. If the Subscriber does not agree to all the terms and conditions of this agreement, then the Subscriber may not access ARtillry PRO or use any services. If these terms and conditions are considered an offer by ARtillry, acceptance is expressly limited to these terms. ARtillry PRO is available only to individuals who are at least 13 years old.
- Payment and Renewal.
- General Terms.
By selecting a product or service, subscribers agree to pay ARtillry the one-time and/or recurring subscription fees indicated. Subscription payments will be charged on a pre-pay basis on the day of subscription and will cover the use of the specified service for the time period indicated. Payments are not refundable, except in cases considered on an individual basis, and at the discretion of ARtillry.
- Automatic Renewal.
The subscriber authorizes ARtillry to initiate and complete recurring charges to the credit card provided. The amount of each recurring charge will correspond to the product level chosen, and is made explicit on product pages and transactional/check-out pages. Charges will renew at the frequency specified, unless cancelled by the subscriber before the renewal date. One-time purchases of individual reports do not have recurring payments, as specified in payment terms on check-out pages.
- Cancellation. Subscribers can cancel at any time using the “account” section of ARtillry PRO. Renewal dates and other account information can also be viewed and managed in the “account” section. Service upgrades and downgrades are available, including pro-rated pricing.
- General Terms.
- Fees; Payment. By subscribing to any of ARtillry’s products or services, applicable fees will be invoiced starting from the day that the Subscriber’s services are established and in advance of using such services. ARtillry reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to the Subscriber. Services can be canceled by the Subscriber at any time, using the method explained above.
- Product Access and Use. Subscribers are granted access to ARtillry PRO using login credentials that they establish when registering. Subscribers may log in and access content at a frequency of their choosing within the duration of their active subscription period. Subscribers may share login access with up to five (5) individuals with whom they work directly, as defined by having the same employer. Subscribers may not download ARtillry copyrighted material for any purpose other than their personal use or collaboration with associates. Subscribers are prohibited from re-distributing or re-publishing ARtillry copyrighted material, whether through open/free channels or paid/for-profit channels. One exception granted by ARtillry Intelligence is that individual slides from the ARtillry PRO Slide Bank may be used in subscriber’s presentations, on the conditions that attribution to ARtillry Intelligence is specified, and no more than five (5) slides or charts containing ARtillry’s copyrighted material may be used per presentation.
- Support. If the Subscriber’s service includes access to email support, it includes the ability to make requests for technical or directional support assistance by email at any time concerning the use of the Services specified. All support will be provided in accordance with ARtillry standard services practices, procedures and policies. The contents of service inquiries remain confidential and private. Service levels specified in ARtillry PRO are further detailed as follows:
- Data Concierge. All tiers of ARtillry PRO subscribers are entitled to Data Concierge (“Concierge”) service. Subscribers can contact ARtillry analysts using the dedicated communications forms within ARtillry PRO. Subscriber may ask questions about content availability and location, the answers of which are understood to be limited to the content that is in the ARtillry PRO knowledge portal. ARtillry analysts may extend this capability and spend additional time finding answers and content elsewhere, at their discretion.
- Live Analyst Briefings. ARtillry PRO Plus (“Plus”) and ARtillry Pro Premium (“premium” ) subscribers are entitled to analyst live briefings (“briefings”). Briefings are calls with an ARtillry Intelligence analyst to discuss trends or strategic positioning in the subscriber’s operating sector or other sectors and sub-sectors that ARtillry evaluates. Briefings may be scheduled using the “schedule a briefing” links on each page of ARtillry PRO. During briefings, subscriber may ask questions, the answers of which are understood to be limited by the reasonable level of knowledge and insight within the market sectors that ARtillry evaluates. Answers are provided live during the briefing and may require follow-up research and information delivery by email, at the discretion of ARtillry. Briefing format is a remote conversation and eligible communication mediums include phone, Skype, Google Hangouts, and Zoom. In-person briefings at the subscriber’s office or designated location are not included, however negotiation is possible on a case by case basis to scope and price in-person briefing requirements and fees, on a pro-rated basis. Briefing time allotments are 30 minutes per briefing, but can be extended at the discretion of ARtillry. One briefing is allowed per billing period. Subscribers that renew service for an additional term at the Plus or Pro levels can combine briefings from multiple terms into a single session, the duration of which is equal to the combination of individual briefings (2 briefings = 60 minutes), but must do so within six months of expiry of the first briefing. Briefings expire at the end of a billing period.
- Analyst On Demand. ARtillry Pro Premium (“Premium”) subscribers are entitled to Analyst on demand service (“on-demand”). On-demand includes digital communications with ARtillry analysts to answer strategic questions or data needs. Digital communications include but are not limited to email, and may be adapted to a specific format or product in the future, such as a dedicated messaging channel. Subscribers may ask questions over such channels at a frequency of their choosing, the answers to which are understood to be limited by the reasonable level of knowledge and insight within the sectors that ARtillry evaluates. On-demand communication and delivered content is limited to the existing knowledge or content/data availability of ARtillry analysts, but can be extended at the discretion of ARtillry analysts. On-demand does not include custom research or advisory projects, such as formulating Subscribers’ strategic positioning, on-site visits/presentations or generation of original/customized data. On-demand does not include live analyst briefings (covered separately and limited to the terms defined under “briefings”). These and other services that exceed the scope of On-demand can be provided separately and subject to ARtillry’s hourly consulting rate, scoped and negotiated on an individual basis.
- Copyright Infringement and DMCA Policy. As ARtillry asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If the Subscriber believes that material located on or linked to by artillry.co violates your copyright, you are encouraged to notify ARtillry in accordance with ARtillry’s Digital Millennium Copyright Act (“DMCA”) Policy. ARtillry will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. ARtillry will terminate a visitor’s access to and use of ARtillry PRO if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of ARtillry or others. In the case of such termination, ARtillry will have no obligation to provide a refund of any amounts previously paid to ARtillry.
- Intellectual Property. This Agreement does not transfer from ARtillry to the Subscriber any ARtillry or third party intellectual property, and all right, title and interest in and to ARtillry’s intellectual property will remain (as between the parties) solely with ARtillry. ARtillry, artillry.co, the ARtillry logo, and all other trademarks, service marks, graphics and logos used in connection with artillry.co, or ARtillry PRO are trademarks or registered trademarks of ARtillry or ARtillry’s licensors. Other trademarks, service marks, graphics and logos used in connection with ARtillry PRO may be the trademarks of other third parties. The Subscriber’s use of the ARtillry PRO grants the Subscriber no right or license to reproduce or otherwise use any ARtillry or third-party trademarks.
- Curation. A portion of the content on ARtillry (included but not limited to ARtillry PRO) is curated by ARtillry, using outside sources. The Subscriber acknowledges that ARtillry does not sell third-party content but rather provides a service that consists of expertise and applied time to curate and aggregate third-party content. All curated material included in ARtillry PRO is otherwise available without cost on other websites, or has been previously distributed and designated as complementary by its owner(s), and is used by ARtillry in good faith and in compliance with fair use laws.
- Changes. ARtillry reserves the right, at its sole discretion, to modify or replace any part of this. Agreement. It is the Subscriber’s responsibility to check this Agreement periodically for changes. The Subscriber’s continued use of or access to ARtillry PRO following the posting of any changes to this Agreement constitutes acceptance of those changes. ARtillry may also, in the future, offer new services and/or features through ARtillry PRO (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. ARtillry may terminate the Subscriber’s access to all or any part of ARtillry PRO at any time if the Subscriber materially breach this Agreement and fail to cure such breach within thirty (30) days from ARtillry’s notice to the Subscriber thereof; provided that, ARtillry can terminate ARtillry PRO immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. ARtillry PRO is provided “as is”. ARtillry and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither ARtillry nor its suppliers and licensors, makes any warranty that ARtillry PRO will be error free or that access thereto will be continuous or uninterrupted. The Subscriber understands that he or she downloads from, or otherwise obtains content or services through, ARtillry PRO at his or her own discretion and risk.
- Limitation of Liability. In no event will ARtillry, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by the Subscriber to ARtillry under this agreement during the twelve (12) month period prior to the cause of action. ARtillry shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. The subscriber agrees to indemnify and hold harmless ARtillry, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of the Subscriber’s use of ARtillry PRO, including but not limited to the Subscriber’s violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between ARtillry and the Subscriber concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of ARtillry, or by the posting by ARtillry of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of ARtillry PRO will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. The Subscriber may assign the Subscriber’s rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; ARtillry may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
ARtillry Intelligence, LLC (“ARtillry”) operates artillry.co and may operate other websites. It is ARtillry’s policy to respect your privacy regarding any information we may collect while operating our websites.
Like most website operators, ARtillry collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. ARtillry’s purpose in collecting non-personally identifying information is to better understand how ARtillry’s visitors use its website. From time to time, ARtillry may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
ARtillry also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on artillry.co blogs/sites. ARtillry only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below.
Gathering of Personally-Identifying Information
Certain visitors to ARtillry’s websites choose to interact with ARtillry in ways that require ARtillry to gather personally-identifying information. The amount and type of information that ARtillry gathers depends on the nature of the interaction. For example, we ask visitors who sign up at artillry.co to provide a username and email address. Those who engage in transactions with ARtillry are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, ARtillry collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with ARtillry. ARtillry does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
ARtillry may collect statistics about the behavior of visitors to its websites. ARtillry may display this information publicly or provide it to others. However, ARtillry does not disclose personally-identifying information other than as described below.
Protection of Certain Personally-Identifying Information
ARtillry discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on ARtillry’s behalf or to provide services available at ARtillry’s websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using ARtillry’s websites, you consent to the transfer of such information to them. ARtillry will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, ARtillry discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when ARtillry believes in good faith that disclosure is reasonably necessary to protect the property or rights of ARtillry, third parties or the public at large. If you are a registered user of any of ARtillry’s premium products and have supplied your email address, ARtillry may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with ARtillry and our products. ARtillry takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
If ARtillry, or substantially all of its assets, were acquired, or in the unlikely event that ARtillry goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of ARtillry may continue to use your personal information as set forth in this policy.