Terms of Service

1. Terms of Service Agreement

Welcome to Artistek. These Terms of Service ("Terms") constitute a legally binding agreement between you and Artistek, Inc. ("Artistek," "we," "us," or "our") governing your access to and use of the Artistek platform, including our website, mobile applications, and all associated services (collectively, the "Platform").

By accessing or using the Platform, you agree to be bound by these Terms. If you disagree with any part of these Terms, you do not have permission to access the Platform.

The Platform is an online marketplace that enables users who are seeking entertainment services ("Clients") to connect with service providers including artists, venues, production companies, vendors, and event planners ("Service Providers"). Artistek is not a party to any agreements entered into between Clients and Service Providers.

2. Eligibility and Account Registration

2.1 Eligibility

To use the Platform, you must be at least 18 years old and have the legal capacity to enter into contracts. By using the Platform, you represent and warrant that you meet these eligibility requirements.

2.2 Account Registration

You must register for an account to access certain features of the Platform. When registering, you must provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

2.3 Account Types

The Platform offers different account types:

• Client Account: For individuals or organizations seeking to book entertainment services
• Artist Account: For musicians, bands, DJs, and other performers
• Venue Account: For event spaces and locations
• Production Company Account: For companies providing production services
• Vendor Account: For service providers such as photographers, caterers, florists, etc.
• Event Planner Account: For professional event planning services

3. Use of the Platform

3.1 License to Use Platform

Subject to your compliance with these Terms, Artistek grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Platform for your personal or internal business purposes.

3.2 Acceptable Use

You agree not to:

• Use the Platform for any illegal purpose or in violation of any laws
• Post false, inaccurate, misleading, defamatory, or fraudulent content
• Circumvent, manipulate, or attempt to avoid our fee structure or billing process, including arranging payments for bookings outside of the Platform
• Use automated scripts to collect information or interact with the Platform
• Interfere with or disrupt the Platform or servers
• Impersonate any person or entity
• Harvest or collect information about users without their consent
• Upload viruses or other malicious code
• Violate the intellectual property rights of others
• Engage in any activity that could damage our reputation

3.3 User Content

You may post, upload, or submit content to the Platform ("User Content"). You retain ownership of your User Content, but grant Artistek a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license to use, reproduce, modify, publish, distribute, and display such User Content in connection with operating and providing the Platform.

You represent and warrant that you own or have the necessary rights to your User Content and that your User Content does not infringe any third party's rights.

4. Bookings and Payments

4.1 Bookings

The Platform facilitates bookings between Clients and Service Providers. Artistek is not a party to these bookings and is not responsible for the performance or non-performance of either party. All bookings are solely between the Client and Service Provider.

4.2 Payments

All payments for bookings are processed through our third-party payment processor, Stripe. By making a booking, you agree to pay all applicable fees, including:

• Service Provider fees
• Artistek platform fee (12% of the booking value)
• Payment processing fees: 3% for credit/debit card, or 0.8% (capped at $5) for ACH bank transfer — passed through at cost
• Applicable taxes

4.3 Escrow Services

For certain bookings, payments may be held in escrow until services are completed. Release of escrow funds is subject to the terms agreed upon between the Client and Service Provider.

4.4 Cancellations and Refunds

Cancellations and refunds are governed by the cancellation policy agreed upon between the Client and Service Provider. Artistek service fees are generally non-refundable unless we determine, in our sole discretion, that a refund is warranted.

4.5 Prohibition on Off-Platform Payments

All payments for bookings facilitated through Artistek must be completed exclusively through the Platform. Arranging, soliciting, or accepting payment for any booking outside of the Platform — regardless of the payment method used — is a direct and serious violation of these Terms.

This prohibition applies to all users, including venues, artists, musicians, and any other account type. "Off-platform payment" includes, but is not limited to, cash, check, wire transfer, peer-to-peer payment apps (e.g., Venmo, Zelle, PayPal), cryptocurrency, or any other method used to circumvent the Platform's billing and escrow system.

Users found to be engaging in off-platform payments are subject to the following consequences, which may be applied immediately and without prior warning:

• Immediate suspension of all associated profiles and account access
• Permanent removal from the Platform at Artistek's sole discretion
• Forfeiture of all Platform protections, including escrow coverage, contract enforcement, and dispute resolution services
• Loss of all accrued benefits, standing, reviews, and booking history associated with the account
• Potential legal action to recover unpaid platform fees, where applicable

Artistek reserves the right to investigate suspected violations, including reviewing communications conducted through the Platform's messaging system. By using the Platform, you consent to such monitoring for the purpose of enforcing these Terms.

If you become aware of another user soliciting off-platform payments, we encourage you to report it immediately via legal@artistek.io. We take these violations seriously and act on every confirmed report to protect the integrity of the marketplace and the safety of every member in our community.

5. AI-Powered Services

The Platform uses artificial intelligence to provide vendor matching and recommendations. While we strive for accuracy, AI-generated suggestions are provided "as is" and should be independently verified. You acknowledge that:

• AI recommendations are based on available data and may not be perfect
• You are responsible for evaluating and selecting Service Providers
• Artistek is not liable for AI-generated recommendations
• AI features may be modified or discontinued at any time

6. Intellectual Property

6.1 Artistek Property

The Platform and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of Artistek and its licensors. The Platform is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used without our prior written permission.

6.2 Feedback

Any feedback, suggestions, or ideas you provide about the Platform become the property of Artistek, and we may use such feedback without compensation to you.

7. Privacy

Your use of the Platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices.

8. Disclaimers

8.1 No Endorsement

Artistek does not endorse any Service Provider or Client. We do not guarantee the quality, safety, or legality of services offered, the truth or accuracy of listings, or the ability of Service Providers to deliver services or Clients to pay for services.

8.2 No Warranty

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ARTISTEK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8.3 Release

You release Artistek from all liability for any claims, damages, or disputes arising from or related to bookings or interactions with other users.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARTISTEK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

IN NO EVENT SHALL ARTISTEK'S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO ARTISTEK IN THE SIX MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

10. Indemnification

You agree to indemnify, defend, and hold harmless Artistek, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including legal fees) arising from:

• Your use of the Platform
• Your violation of these Terms
• Your violation of any rights of another party
• Your User Content
• Your bookings or interactions with other users

11. Termination

We may terminate or suspend your account and access to the Platform immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination, your right to use the Platform will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive.

12. Dispute Resolution

12.1 Arbitration Agreement

Any dispute arising out of or relating to these Terms or the Platform shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules. The arbitration shall be conducted in Los Angeles, California.

12.2 Class Action Waiver

YOU AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

12.3 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in court to prevent the actual or threatened infringement of intellectual property rights.

13. General Provisions

13.1 Governing Law

These Terms shall be governed by the laws of the State of California, without regard to its conflict of law provisions.

13.2 Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email or through the Platform. Your continued use of the Platform after changes become effective constitutes acceptance of the revised Terms.

13.3 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published on the Platform, constitute the entire agreement between you and Artistek.

13.4 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

13.5 No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

14. Contact Information

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