Terms of Use

1. General
1.1 These Terms of Use (this “Agreement”) is a legal agreement between you ("User", "you" or "your") and ARTES ELECTRONICS PTE. LTD ("ARTES ELECTRONICS PTE. LTD", “Company”, "we", "us" or "our"), for use of the “Artes Test App” mobile application, the servers used by the mobile application, the computer files stored on such servers, and all related services, features and content offered by the Company (collectively, the “App”). Company under the laws of the Singapore and having its registered address at 149B TELOK AYER STREET #03 Singapore.

1.2 Please read this Agreement carefully. By creating an account or accessing or using the App, you acknowledge that you accept and agree to be bound by the terms of this Agreement. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE APP.
We may modify this Agreement from time to time. We will notify you by presenting you with a new version of the Agreement for you to accept if we make modifications that materially change your rights. Your continued use of the App after the effective date of an updated version of the Agreement will indicate your acceptance of the Agreement as modified.

1.3 If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such an entity to this Agreement, in which case the terms "User", "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Mobile Application. You acknowledge that this Agreement is a contract between you and ARTES ELECTRONICS PTE. LTD, even though it is electronic and is not physically signed by you, and it governs your use of Mobile Application.

1.4 Please accept that the App as such do not provide health care service or any medical emergency service.

1.5 The App cannot and should not substitute your regular health care provider.

1.6 The App do not provide health care services or serve as a communications conduit for health care services.
2. Medical services disclaimer
2.1 The company is not a licensed medical care provider and the app is not intended to replace professional medical advice or diagnosis. Please consult with a licensed physician or other qualified healthcare provider before making any decisions or taking any actions that may affect your health. Never disregard professional medical advice or delay in seeking it because of something you have read in connection with the App. Always consult with your healthcare professional if you have any questions or concerns about your health or condition or experience any changes in your condition or health status. If you think you have a medical emergency, call 911 or go to the nearest open emergency room immediately.
3. Registration and eligibility
3.1 To use the App, you may be required to create or update an account (“Account”) and will be asked to provide certain personal information, which may include your name, gender, birth date, and e-mail address. This information will be held and used in accordance with our privacy policy. You agree that you will supply accurate and complete information to the Company, and that you will update that information promptly after it changes.

3.2 To create an Account and access the App, you must be at least 13 years old (16 years old in EU) and not barred from using the App under applicable law.

3.3 If you are under 18, your parent or guardian must review and accept the terms of this Agreement, and by using the App, you confirm that your parent or guardian has so reviewed and accepted this Agreement. We reserve the right to limit the availability to users under the age of 18 of certain content in the App, at our sole discretion.
4. Use of the mobile application
4.1 You agree that any content you provide on the App shall not: (a) be fraudulent, inaccurate or misleading; (b) infringe any third party’s proprietary rights or rights of publicity (c) contain any viruses, Trojan horses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

4.2 Any content you submit through the App is governed by the Company’s Privacy Policy. To the extent there is an inconsistency between this Agreement and the Company’s Privacy Policy, these Terms shall govern. If you submit a question or response, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the public areas. The Company and its licensors are not responsible for the consequences of any communications in the public areas. In cases where you feel threatened or you believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately. As a condition of using the App, you agree not to use the App for any purpose that is prohibited by this Agreement. You are responsible for all of your activity in connection with the App and you shall abide by all local, state, national, and international laws and regulations and any applicable regulatory codes. You agree that if you take any of the following actions, you will be materially breaching this Agreement, and you agree that you SHALL NOT:

а. resell, rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the App;

b. modify, reverse engineer, decompile or disassemble the App;

c. copy, adapt, alter, modify, translate, or create derivative works of the App without the written authorization of the Company;

d. permit other individuals to use the App, including but not limited to shared use via a network connection, except under the terms of this Agreement;

e. circumvent or disable any technological features or measures in the App for protection of intellectual property rights;

f. use the App in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction;

g. use or access the App to compile data in a manner that is used or usable by a competitive product or service;

h. use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages to anyone;

i. use your Account to engage in any illegal conduct;

j. upload to transmit any communications that infringe or violate the rights of any party;

k. upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with this Agreement and the Company’s Privacy Policy; or

l. upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this website.

Any such forbidden use shall immediately terminate your license to use the App.
5. Children's Privacy
5.1 We are committed to protecting the privacy of children.You should be aware that this App is not intended or designed to attract children under the age of 13. We do not collect personal data from any person we actually know is a child under the age of 13.

5.2 If you are a European Union resident, you shall be at least 16 years old in order to use the App. To the extent prohibited by applicable law, we do not allow the use of the App by European Union residents younger than 16 years old.

5.3  If you are aware of anyone that does not comply with these limitations, please contact us at info@arteselectronics.com, and we will take steps to delete or terminate her account.
6. License to User Content
6.1 The App enables you to input personal notes, share your stories, post or upload content, submit content and log certain information into the App (“User Content”). You retain all rights to such User Content that you post, share, or log in the App.

6.2 By providing your User Content to the App, you (a) grant the Company a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, exploit, modify, publicly display, publicly perform, create derivative works from, incorporate it into other works, change, reformat, and distribute your User Content in connection with providing and operating the App and related services and/or for the Company’s promotional purposes (for example, by displaying on our website, within the App, in social media, on any website or platform in the internet as we may deem appropriate), subject to the Privacy Policy; and (b) you agree to indemnify the Company and its affiliates, directors, officers, and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the media and/or your failure to company with the terms described in this Agreement.

6.3 The Company reserves the right to review all User Content prior to submission to the App and to remove any media for any reason, at any time, without prior notice, at our sole discretion.
7. Use at your own risk
7.1 Our goal is to help make certain health-related information more readily available and useful to you. However, the App cannot and does not guarantee health-related improvements or outcomes. Your use of the App and any information, predictions, or suggestions provided in the App are at your sole risk. We make no representation or warranty of any kind as to the accuracy of data, information, estimates, and predictions that we may provide to you through the App and you agree and understand that the App is not intended to match or serve the same purpose as a medical or scientific device.
8. Intellectual property rights
8.1 "Intellectual Property Rights" means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by ARTES ELECTRONICS PTE. LTD or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with ARTES ELECTRONICS PTE. LTD. All trademarks, service marks, graphics and logos used in connection with the Mobile Application, are trademarks or registered trademarks of ARTES ELECTRONICS PTE. LTD or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Mobile Application and Services may be the trademarks of other third parties. Your use of the Mobile Application grants you no right or license to reproduce or otherwise use any of ARTES ELECTRONICS PTE. LTD or third party trademarks.
9. Dispute resolution
9.1 The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Singapore without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Singapore. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Singapore, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
10. Changes and amendments
10.1 We reserve the right to modify this Agreement or its terms relating to the App at any time, effective upon posting of an updated version of this Agreement in the App. When we do, we will revise the updated date at the bottom of this page. Continued use of the App after any such changes shall constitute your consent to such changes.
11. Passwords
11.1 You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your App passwords or account. It is your sole responsibility to (1) control the dissemination and use of sign-in name, screen name and passwords; (2) authorize, monitory, and control access to and use of your App account and password; (3) promptly inform the Company if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password. Send us an email at info@arteselectronics.com. You grant the Company and all other persons or entities involved in the operation of the App the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the App. The Company cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using the App.
12. Enforcement rights
12.1 We are not obligated to monitor access or use of the App. However, we reserve the right to do so for purposes of operating and maintaining the App, ensuring your compliance with this Agreement, and complying with applicable legal requirements. We may disclose unlawful conduct to law enforcement authorities, and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove or disable any content posted to the App or access to App at any time and without notice, and at our sole discretion if we determine in our sole discretion that your content or use of the App is objectionable or in violation this Agreement.
The Company has no liability or responsibility to users of the App or any other person or entity for performance or nonperformance of the aforementioned activities.
13. Changes to the App
13.1 From time to time and without prior notice to you, we may change, expand, and improve the App. We may also, at any time, cease to continue operating part or all of the App or selectively disable certain features of the App. Your use of the App does not entitle you to the continued provision or availability of the App. Any modification or elimination of the App or any particular features will be done in our sole and absolute discretion and without an ongoing obligation or liability to you.
14. Notice and takedown procedures
14.1 If you believe any materials accessible on or from the App infringe your copyright, you may request removal of those materials (or access thereto) from this App by contacting the Company and providing the following information:

а. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and, where possible, include a copy or the location (e.g., App page) of an authorized version of the work.

b. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.

c. Your name, address, telephone number and (if available) e-mail address.

d. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.

e. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.

f. A signature or the electronic equivalent from the copyright holder or authorized representative.

14.2 In an effort to protect the rights of copyright owners, the Company maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the App who are repeat infringers.
15. Acceptance of these terms
15.1 You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the App you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the App.
16. Contacting us
16.1 If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to info@arteselectronics.com

This document was last updated on October 11, 2021