Terms of Service
Please read this Agreement carefully before accessing or using ARtillery PRO. By accessing or using any part of the ARtillery 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 ARtillery PRO or use any services. If these terms and conditions are considered an offer by ARtillery, acceptance is expressly limited to these terms. ARtillery 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 ARtillery Intelligence 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 Artillery.
- Automatic Renewal.
The subscriber authorizes ARtillery 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 canceled 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 ARtillery PRO. When a subscription is canceled, it will remain active throughout the existing payment term, but will not renew. Renewal dates and other account information can be viewed and managed in the “account” section of ARtillery PRO. Service upgrades and downgrades are available, including pro-rated pricing.
- Automatic Renewal.
- Service Fees and Payment. By subscribing to any of ARtillery’s products or services, applicable fees will be charged starting from the day that the Subscriber’s services are established and in advance of using such services. For recurring payment (subscription) services such as ARtillery PRO, fees do not increase as long as subscribers remain active. ARtillery reserves the right to change payment terms and fees on an ongoing basis for new subscribers. Services can be canceled by the Subscriber at any time, using the method explained above.
- Product Access and Use. Subscribers are granted access to ARtillery 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. One user is allowed per subscription and subscribers are prohibited from sharing login credentials or direct access. Subscribers may not download ARtillery copyrighted material for any purpose other than their personal use or collaboration with associates. Subscribers are prohibited from re-distributing or re-publishing ARtillery copyrighted material, whether through open/free channels or paid/for-profit channels. One exception granted by ARtillery Intelligence is that individual slides from the ARtillery PRO Slide Bank may be used in subscriber’s presentations, on the conditions that attribution to ARtillery Intelligence is specified, and no more than five (5) slides or charts containing ARtillery’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 ARtillery standard services practices, procedures and policies. The contents of service inquiries remain confidential and private. Service levels specified in ARtillery PRO are further detailed as follows:
- Data Concierge. All tiers of ARtillery PRO subscribers are entitled to Data Concierge (“Concierge”) service. Subscribers can contact ARtillry analysts using the dedicated communications forms within ARtillry PRO. Subscribers may ask questions about content availability and location, the answers of which are understood to be limited to the content that is in the ARtillery PRO Intelligence Vault. ARtillery analysts may extend this capability and spend additional time finding answers and content elsewhere, at their discretion.
- Live Analyst Briefings. ARtillery PRO Plus (“Plus”) and ARtillery Pro Premium (“premium” ) subscribers are entitled to analyst live briefings (“briefings”). Briefings are calls with an ARtillery Intelligence analyst to discuss trends or strategic positioning in the subscriber’s operating sector or other sectors and sub-sectors that ARtillery evaluates. Briefings may be scheduled using the contact forms, linked at the top of every page in the ARtillery PRO domain. During briefings, subscribers may ask questions, the answers to which are understood to be limited by the reasonable level of knowledge and insight within the market sectors that ARtillery evaluates. Answers are provided live during the briefing and may require follow-up research and information delivery by email, at the discretion of ARtillery. 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 ARtillery. 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. ARtillery Pro Premium (“Premium”) subscribers are entitled to Analyst on-demand service (“on-demand”). On-demand includes digital communications with ARtillery 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 ARtillery evaluates. On-demand communication and delivered content is limited to the existing knowledge or content/data availability of ARtillery Intelligence analysts, but can be extended at the discretion of ARtillery 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 ARtillery’s hourly consulting rate, scoped and negotiated on an individual basis.
- Copyright Infringement and DMCA Policy. As ARtillery 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 ARtillery in accordance with ARtillery’s Digital Millennium Copyright Act (“DMCA”) Policy. ARtillery will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. ARtillery will terminate a visitor’s access to and use of ARtillery PRO if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of ARtillery or others. In the case of such termination, ARtillry will have no obligation to provide a refund of any amounts previously paid to ARtillery.
- Intellectual Property. This Agreement does not transfer from ARtillery to the Subscriber any ARtillery or third party intellectual property, and all right, title and interest in and to ARtillery’s intellectual property will remain (as between the parties) solely with ARtillery. ARtillery, artillry.co, the ARtillery logo, and all other trademarks, service marks, graphics and logos used in connection with artillry.co, or ARtillery PRO are trademarks or registered trademarks of ARtillery or ARtillery’s licensors. Other trademarks, service marks, graphics and logos used in connection with ARtillery PRO may be the trademarks of other third parties. The Subscriber’s use of the ARtillery PRO grants the Subscriber no right or license to reproduce or otherwise use any ARtillery or third-party trademarks.
- Curation. A portion of the content on ARtillery (included but not limited to ARtillery PRO) is curated by ARtillery, using outside sources. The Subscriber acknowledges that ARtillery 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 ARtillery 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 ARtillery in good faith and in compliance with fair use laws.
- Changes. ARtillery 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 ARtillery PRO following the posting of any changes to this Agreement constitutes acceptance of those changes. ARtillery may also, in the future, offer new services and/or features through ARtillery 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. ARtillery may terminate the Subscriber’s access to all or any part of ARtillery PRO at any time if the Subscriber materially breach this Agreement and fail to cure such breach within thirty (30) days from ARtillery’s notice to the Subscriber thereof; provided that, ARtillery can terminate ARtillery 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. ARtillery PRO is provided “as is”. ARtillery 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 ARtillery 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, ARtillery PRO at his or her own discretion and risk.
- Limitation of Liability. In no event will ARtillery, 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 ARtillery under this agreement during the twelve (12) month period prior to the cause of action. ARtillery 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 ARtillery, 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 ARtillery PRO, including but not limited to the Subscriber’s violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between ARtillery and the Subscriber concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of ARtillery, or by the posting by ARtillery of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of ARtillery 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 (“ARtillery”) operates artillery.co and may operate other websites. It is ARtillery’s policy to respect your privacy regarding any information we may collect while operating our websites.
Like most website operators, ARtillery 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. ARtillery’s purpose in collecting non-personally identifying information is to better understand how ARtillery’s visitors use its website. From time to time, ARtillery may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
ARtillery 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. ARtillery only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below.
ARtillery collects information about subscribers that is required to manage their customer accounts. Examples include but are not limited to username and email address. ARtillery does not have access to subscribers passwords, which are stored and encrypted by ARtillery’s content management system. Subscribers can access and reset passwords, along with other account management, in the “accounts” section of ARtillery PRO, available and linked at the top of each page within the ARtillery PRO domain.
Unless given written permission, ARtillery will not share subscribers’ personally-identifying information on an individual basis (individual human entities), nor company names. This includes but is not limited to marketing materials or publicly available subscriber lists.
ARtillery will not share subscribers’ personally-identifying information on an individual basis (individual human entities). It does, however, reserve the right to disclose publicly the company names and logos of subscribers, or the names and logos of companies that individual subscribers are affiliated with, or employees of. These company names may be used by ARtillery in marketing materials or subscriber lists that it uses to validate or promote the service in its sales materials (such as a slide presentation). Any subscribers that wish to not have their affiliated company names or logos identified in this way, or that wish to be removed from existing promotional materials, can opt out by emailing email@example.com.
Gathering of Personally-Identifying Information
Certain visitors to ARtillery’s websites choose to interact with ARtillery in ways that require ARtillery to gather personally-identifying information. The amount and type of information that ARtillry gathers depend 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 ARtillery 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.
ARtillery may collect statistics about the behavior of visitors to its websites. ARtillery may display this information publicly or provide it to others. However, ARtillery does not disclose personally-identifying information other than as described below.
Protection of Certain Personally-Identifying Information
ARtillery 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 ARtillery’s behalf or to provide services available at ARtillery’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 ARtillery’s websites, you consent to the transfer of such information to them. ARtillery 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, ARtillery discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when ARtillery believes in good faith that disclosure is reasonably necessary to protect the property or rights of ARtillery, third parties or the public at large. If you are a registered user of any of ARtillery’s premium products and have supplied your email address, ARtillery 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 ARtillery and our products. ARtillery takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
If ARtillery, or substantially all of its assets, were acquired, or in the unlikely event that ARtillery 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 ARtillery may continue to use your personal information as set forth in this policy.