Terms of Service

1.1 Using this Site in any manner, whether by opening an account, placing an order, or using in any way the services offered constitutes your agreement to follow and be bound by these Terms. Any interaction you have with the Site and the Services through the use of browsers, applications, programs, or other tools, whether installed by you or a third party, shall be deemed to be your conscious and aware use of this Site. You must not use this Site if you have any objection to any of these Terms and Conditions. These Terms, including any legal notices and disclaimers contained on the Portal, constitute an addendum and integration to any contractual relationship between the Provider and the User concerning the use of the Services and supersede all prior agreements and understandings for the same.

1.2 This Site is offered and available to users who are 18 years of age or older. If you are under 18 you may not use this Site or the Provider services. If you do not meet all of these requirements, you must not access or use the Site or our Services without the supervision of an adult. Please note that the Supplier has no duty of control over the age and legal capacity of users in the provision of its Software and Products. In the event of a false statement, for which the Supplier is disenfranchised, the operator of the financial instrument chosen by the user may not allow the operation for violation of the age requirement.

1.3 By entering these terms, and/or by purchasing one of our Services regardless of the modalities, you expressly acknowledge you have read and understood all of the terms included herein and have taken time to consider the consequences of this important decision. If at any time, you do not agree to or cannot comply with any of these terms of use, you should not, and are not allowed to, access or use this Site and you have to interrupt any contractual relationship.

1.4 Your use of the Site, as well as the possible purchase of our Services and Products, regardless of location and method, constitutes your implicit acceptance of this document. These Terms of Use contain disclaimers of warranties and limitations on your remedies for which the user is invited to pay particular attention.

1.5 We reserve the right to revise or update these Terms at any time. In the event of material changes, we may post a notice on our Site or otherwise notify you. By continuing to use our Services after any such changes, you agree to the updated Terms.

1.6 Any provisions intended to survive termination (including, but not limited to, disclaimers of warranties, limitations of liability, indemnification, and dispute resolution) shall survive termination or expiration of these Terms.

1.7 The failure or delay of newst.art to exercise any right, power, or privilege under these Terms does not constitute a waiver.

1.8 In the event of a violation of these Terms of Use, the Provider reserves the right to seek all remedies available by law and in equity.

2.1 Newst.art offers tools to research and analyze product trends, categories, and approximate sales metrics. While we strive for accuracy and currency, we cannot guarantee real-time perfection. We may provide automatically generated content ideas (such as potential product descriptions, tags, or suggested price points) for creative and informational use. You remain solely responsible for verifying compliance with intellectual property laws and any other regulations relevant to your products.

2.2 Access to certain areas or functionalities of the Site may require a paid subscription or license. We may offer free trials or limited-access tiers at our discretion. If you opt for a paid plan, you agree to the prices and billing cycles described at checkout or in your user dashboard. The Services offer several tools to Users (collectively, "User Tools"), some of which are provided by third parties. We are not responsible for the availability, suitability, or effectiveness of any of these User Tools, whether provided by a third party or not. This is regardless of the subject providing or any sponsorship of their banner, logo or other on our Website. We are also not responsible for the availability, suitability or effectiveness of the User Tools provided by third parties who are, in any manner, our partners.

2.3 We may, from time to time, add, remove, or modify functionalities, features, and Services. We assume no liability for any losses, potential or actual, caused by changes in our platform. The User undertakes to use the Services in full compliance with the instructions provided. Artnition will not bear responsibility for any improper use. The Provider is not obliged to technically support obsolete User's devices.

2.4 We do not promise or guarantee any specific level of success, revenue, or profit. Market conditions fluctuate, and it is your sole responsibility to evaluate the suitability and risk of following the insights provided.

2.5 If you use insights from our platform to list or modify products on external platforms (e.g., Etsy, Redbubble, ArtStation, etc.), you agree to abide by those third-party terms of service. We disclaim any liability for your violation of external platform rules.

2.6 Certain features require registering an account. By creating an account, you agree to: - Provide accurate and complete information; - Update your account details promptly if changes occur; - Keep your login credentials confidential and secure.

The future User initially fills out an account opening request, requesting to open an account. As a result, the applicant undergoes a screening process.

2.7 The Provider may freeze, delete and restrict, even partially, access to the Portal, Software and Services to any account:

• 2.7.1 To comply with applicable regulations;
• 2.7.2 If the User provides any information that the Provider determines, in its sole discretion, to be untrue, inaccurate, not current or incomplete (or if the information becomes untrue, inaccurate, not current or incomplete);
• 2.7.3 If the Provider determines, in its sole discretion, that any users are using an account in a manner not permitted by these Terms of Use or any other applicable binding document; or
• 2.7.4 In other circumstances, as the Provider deems appropriate in its sole discretion.

2.8 The User expressly agrees not to:

• 2.8.1 Use the Site or the Network for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes our rights or the rights of others;
• 2.8.2 Use the Site or Services for illegal activities, including but not limited to IP infringement, defamation, or fraud.
• 2.8.3 Restrict or inhibit other Users from using and enjoying the Services;
• 2.8.4 Circumvent or reverse engineer the Site or our systems or to gain unauthorized access to any areas of the Services or any other systems or networks connected to the Services, or to any of the services offered on or through the Services that are not intended for access by you, by hacking, password "mining," or any other illegitimate means;
• 2.8.5 Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or our systems or networks or any systems or networks connected to the Site, including by "flooding" the Website with requests;
• 2.8.6 Use the Services to gain competitive intelligence about us or any product offered via the Site or to otherwise compete with us or our affiliates;
• 2.8.7 Manipulate or falsify data on the Site.

2.9 We will store the Client's statements and communications made during every process.

3.1 We are not an intermediary, reseller, or agent between you and any third-party marketplace or service provider. You retain full discretion over how to use the data, insights, and suggestions provided.

3.2 We cannot be held responsible for any content, actions, or omissions by other users, community members, or partners, nor do we endorse, guarantee, or control third-party platforms or listings.

3.3 All activities you undertake based on data from newst.art remain your responsibility. This includes ensuring compliance with relevant laws (e.g., intellectual property laws, consumer protection laws) and obtaining necessary licenses or authorizations for your products.

3.4 Services and Products shall not be used without adequate knowledge and understanding of them. Any information provided by the Partners or members of the Network must be directly and exclusively referable to them.

4.1 All text, photographs, illustrations, designs, logos, icons, images, video clips, audio clips, software, source code, data compilations, and other materials found on the newst.art platform (collectively, "Site Materials") are the property of, or licensed to, Artnition LLC ("We," "Us," or "newst.art") and are protected by applicable intellectual property laws, including but not limited to copyright, trademark, and trade secret laws. Unless expressly indicated otherwise, any references to "Provider's IP" or "Our IP" shall include these Site Materials and all related rights.

4.2 Except as expressly permitted within these Terms or by written authorization from newst.art, no license or ownership interest in any of Our IP is transferred to you or any other party, whether by implication, estoppel, or otherwise. You do not acquire any ownership rights by browsing the Site, using the Services, or merely downloading or printing copies of Site Materials.

4.3 Subject to your compliance with these Terms, newst.art grants you a revocable, non-exclusive, non-transferable, limited license to view and access the Site Materials solely for your personal and non-commercial use. You agree not to modify, reproduce, transmit, distribute, create derivative works from, or otherwise exploit the Site Materials in any way not expressly allowed by these Terms.

4.4 All rights not expressly granted to you under these Terms are reserved by newst.art. Any unauthorized use of the Site Materials or misuse of any trademarks, service marks, or other intellectual property of newst.art may violate intellectual property laws and/or other applicable regulations.

4.5 The Site may contain references or links to third-party websites, software, databases, or other materials ("Third-Party Content"). All Third-Party Content remains the sole property of its respective owners. Newst.art makes no claim of ownership over any Third-Party Content and does not endorse, verify, or exercise control over it. Access or use of such Third-Party Content is entirely at your own discretion and subject to the terms and conditions, licenses, and/or policies established by the third-party owners. We assume no responsibility or liability for the availability, accuracy, or functionality of any Third-Party Content, and disclaim any warranties or obligations that may arise from your use of or reliance upon such content.

4.6 Digital Millennium Copyright Act ("DMCA") Notice

Newst.art respects the intellectual property rights of others and expects the same from its users, guests, or visitors. If you believe any material on our Site infringes your copyright (or the copyright of someone you represent), you may submit a DMCA Notice to request its removal or the disabling of access to it.

To be valid under 17 U.S.C. § 512(c)(3), your DMCA Notice must be in writing and must include the following information:

• A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed, or a representative list if multiple works are alleged to be infringed.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity, including sufficient information to enable us to locate the material on the Site.
• Your contact information, such as address, telephone number, and, if available, an email address at which you may be contacted.
• A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

4.7 All DMCA Notices must be sent to our designated DMCA Agent at the following address:
Email: privacy@newst.art

4.8 We may request additional information before processing any DMCA Notice if needed to confirm the infringing material or the rights involved.

4.9 If we remove or disable access to the material in response to a valid DMCA Notice, the alleged infringer may submit a counter-notification under §§ 512(g)(2) and (3) of the DMCA. If we receive a valid counter-notification, we may restore the removed material in accordance with the DMCA, unless the copyright owner files an action seeking a court order restraining the alleged infringer from engaging in the infringing activity.

4.10 We will terminate, in appropriate circumstances, the accounts of users who are determined to be repeat infringers of third-party copyrights. Newst.art reserves the right (but does not assume the obligation) to monitor, investigate, and take appropriate legal action against any individual or entity that violates these intellectual property provisions. Remedies may include, without limitation, removal of infringing materials, account suspension, or termination, and referral to the appropriate legal authorities.

5.1 All Some portions of the Services may require payment ("Paid Services"). When you order or subscribe to such Paid Services, you agree to pay the fees indicated, including any recurring subscription fees, taxes, or surcharges. We reserve the right to modify pricing or introduce new fees upon reasonable notice.

5.2 Subscriptions may automatically renew unless you cancel before the renewal date.

5.3 You can manage or cancel your subscription within your dashboard or by contacting customer support. Any refunds for partially used periods are governed by our refund policy, if any.

5.4 We may offer referral or affiliate campaigns. Terms specific to such campaigns will be provided separately. newst.art disclaims liability for fraudulent or misleading behavior by third parties seeking referral commissions. You are responsible for ensuring that any promotional methods used for your referrals or affiliate activities comply with applicable laws.

5.5 You must provide valid payment information. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and that you allow us to charge the applicable fees. If any payment method is declined or fails, we may cancel your transaction or suspend your account.

5.6 We reserve the right, in our sole discretion, to refuse any order or subscription if we suspect fraud, breach of these Terms, or other irregularities.

6.1 To the extent permitted by applicable law, Users acknowledge that the use of the site and the Services is at their sole risk. The Provider provides access to its Site and Services “as is” and “as available” and without any representation or warranty of any kind, whether express, implied or statutory, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title or non-infringement on all uses/purchases.

6.2 Without limiting the foregoing and to the fullest extent permissible by applicable law, the Provider does not represent or warrant that the information in the Software or on this Site is accurate, complete, or current or that the Site and the Services will operate without interruption, without error or defects, bugs, viruses, or other harmful components.

6.3 Without limiting the foregoing and to the fullest extent permissible by applicable law, the Provider further disclaims any liability, responsibility, or damage for any theft or loss of, unauthorized access or damage to, or interception of any data or communications sent to, from or stored on this Site and the Services.

6.4 The information, suggestions, and trend insights on newst.art are offered as a resource for creativity and research. You assume all risks related to the reliance on or use of such information. We do not warrant that your specific goals (financial or otherwise) will be met by following our analytics or design suggestions.

6.5 We are not liable for any failure or delay in providing the Services due to causes beyond our reasonable control, such as acts of God, natural disasters, war, riot, embargoes, strikes, or disruptions of internet service or data hosting.

6.6 Any third-party technology provided, made available, linked to, or otherwise accessible through or in association with Our Portal and Services (“Third Party Technology”) is provided solely as a convenience to you and is not under Our control. We do not endorse, recommend, or otherwise make any representations or warranties concerning any Third-Party Technology. Further, you agree to comply with all terms and conditions applicable to the use of Third Party Technology and otherwise ensure that you have obtained all rights, licenses, and clearances that may be necessary to use such Third Party Technology. Any third-party information in any way provided, made available, linked to, or otherwise accessible through or in association with Our Portal and Services (“Third Party Information”) is provided solely as a convenience to you and is not under Our control. We do not endorse, recommend, or otherwise make any representations or warranties concerning any Third-Party Information.

6.7 In no event will the Provider, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Site, the Services, the Software, or any materials linked to it. The Provider may also not be held responsible if, when using the Services or Products, the Customer does not comply with the instructions received.

6.8 We shall not be liable for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or alteration of, the Website or the Services. Furthermore, You agree to indemnify and hold harmless Artnition LLC, its affiliates, and their directors, officers, employees, contractors, and agents from any claims, damages, losses, or expenses (including attorneys’ fees) arising out of or related to your use (or misuse) of the Services, your breach of these Terms, or your violation of any applicable laws or the rights of any third party.

6.9 In jurisdictions where exclusion of liability is not allowed, our liability under these Terms (regardless of the form of action) shall not exceed the total amount you paid to newst.art in the six (6) months preceding the event giving rise to such liability.

7.1 All charges are generally quoted in U.S. Dollars (USD). You are solely responsible for any applicable taxes, duties, or levies imposed by governmental authorities. We may collect such taxes where required by law.

7.2 If you opt for a recurring subscription, you will be billed at the start of each billing cycle. You are responsible for canceling before renewal if you do not wish to be charged again.

7.3 Except as required by law or stated in a separate written agreement, all fees are non-refundableonce the service period has commenced. Any free trials or promotional offers are provided at our discretion and may be discontinued without notice.

7.4 If you dispute any charges, you must notify us in writing within fifteen (15) days of the charge date. We will review the dispute and, if we determine it is justified, we will credit or refund the disputed amount at our sole discretion.

8.1 “User-Generated Content” and/or “User Content” refers to the content added by users as opposed to content created by the Provider. It is also User-Generated Content any content rendered by anyone who does not belong directly to the staff of Artnition (including, by way of example and not exhaustive, also any member of the Network, Partner, the press, etc.).

8.2 The Services may offer Users the opportunity to submit or post feedback regarding this Site, as well as reviews, comments, photos, videos, audio, and other content that are submitted through or to the Site by the User. The Provider does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights, or violations. We are not a publisher of User Generated Content and we are not responsible for its accuracy or legality. You assume legal responsibility for and will indemnify us from all liabilities, losses, or damages incurred as a result of any of your User-Generated Content. The supplier does not control and assumes no responsibility for the appropriateness of any User-Generated Content, regardless of how it is provided and where.

8.3 By uploading or posting User Content to newst.art, you grant us and our affiliates the non-exclusive, royalty-free license described in art.4. We may, for example, feature select user content on promotional materials, newsletters, or our social media channels.

8.4 Newst.art encourages respectful and constructive interaction. We reserve the right to remove or restrict access to content we deem abusive, harassing, hateful, discriminatory, obscene, or in any other way violating our community standards, at our sole discretion.

8.5 You may not post content that:

• Infringes on any intellectual property, privacy, or other rights;
• Violates any law, statute, or regulation;
• Involves the advertisement of illegal or unethical conduct;
• Contains malicious or harmful code, viruses, or other software agents;
• Is deemed spam or intended for commercial solicitation without our prior written consent.

9.1 Artnition LLC may assign, transfer, or delegate its rights or obligations under these Terms in whole or in part at any time, without notice to you. You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent.

10.1 The User is solely responsible for his conscious choice of using and purchasing any of the Services offered by the Provider. If the User is doubtful about the legality of any activity, please seek independent advice. You are solely responsible for evaluating the advantages or disadvantages of following the data, insights, or suggestions provided on our platform. We do not bear any liability for outcomes related to product development, listing, marketing, or sales. We, therefore, invite you to verify that you have the necessary expertise and experience.

10.2 Past performance by using our Services is not an indication of future performance.

10.3 The design and print-on-demand markets are subject to sudden changes in consumer demand, supply chain disruptions, and other unforeseeable factors. We assume no responsibility for your success or failure.

10.4 Nothing on the Site or through our Services constitutes legal, financial, or investment advice. Consult qualified professionals before making decisions that may significantly impact your finances or legal standing.

10.5 We cannot be held responsible for any action or omission of the User. We cannot be held liable for any damage or loss as a result of the improper use of the Services (with the exception of willful misconduct or gross negligence).

11.1 We reserve the right to limit or restrict access to parts of the Site or Services for any reason, including non-compliance with these Terms.

11.2 If any provision of these Terms is found to be invalid or unenforceable, such provision shall be severed, and the remaining provisions shall remain valid and enforceable to the fullest extent permitted by law.

11.3 No agency, partnership, joint venture, or employment is created by these Terms. You do not have any authority to bind us in any respect.

11.4 Communications from us to you may be given via email, posting notices on the Site, or other reasonable means. You are responsible for providing and updating a valid email address for notifications.

12.1 You may terminate your account at any time by contacting us or using the account settings. If you terminate a paid subscription before its end, any fees paid remain non-refundable unless otherwise specified by law.

12.2 We may suspend or terminate your account or access to any part of the Site, at our discretion, including if we suspect you have violated these Terms or are engaged in fraudulent activity. If we terminate your account, you remain liable for any incurred charges or fees.

12.3 Upon termination, all licenses and rights granted to you herein cease immediately. Provisions regarding intellectual property, disclaimers, limitations of liability, indemnification, and dispute resolution survive termination.

13.1 All personal data collected is subject to our Privacy Policy, which can be found on our Site. By using our Services, you agree to the collection, processing, and storage of your personal information as described therein.

13.2 You may manage your privacy preferences and personal information in your account settings or by contacting us. You are responsible for keeping your personal data accurate and up to date.

13.3 We employ reasonable administrative, technical, and physical security measures to protect against unauthorized access to or use of your personal information. However, no system can be 100% secure, and we disclaim liability for unintentional data breaches.

14.1 The Company will put in place internal procedures for handling complaints fairly and promptly. The User may submit a complaint to the Company via email or by ticket, where possible, operating from your personal area.

15.1 Artnition LLC may serve a broad user base with potentially conflicting interests. We maintain internal guidelines to prevent conflicts and aim to serve our community fairly. However, you acknowledge that no system is infallible.

15.2 You agree to indemnify and hold harmless newst.art, Artnition LLC, its officers, directors, employees, and agents from and against any liabilities, claims, or damages arising out of your breach of these Terms, including unauthorized use of User Content, platform data, or software.

16.1 These Terms shall be construed in accordance with and governed by the laws of the State of Texas, USA, without regard to its conflict-of-law provisions. All claims, disputes, or legal proceedings shall be submitted exclusively to the state or federal courts located in San Antonio, Texas. You consent to personal jurisdiction and venue in these courts.