Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Ena Studio LLC-FZ, a company registered in the United Arab Emirates, operating under the brand name Arqé ("we," "us," or "our"), governing your access to and use of the arqe.ai website, platform, and all related services (collectively, the "Service"). By creating an account, subscribing to a plan, or downloading any content from the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are entering into these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. If you do not agree to these Terms, you must not access or use the Service.

2. Description of Service

Arqé operates a curated digital image library offering AI-generated, art-directed visual assets ("Content" or "Images"). The Service provides subscribers with access to browse, search, and download Content for use under the terms of the Arqé License Agreement, which is incorporated into these Terms by reference.

3. Eligibility

You must be at least 18 years old, or the age of legal majority in your jurisdiction, to use the Service. By using the Service, you represent and warrant that you meet this eligibility requirement and that all registration information you submit is truthful and accurate.

4. Account Registration

To access certain features of the Service, you must create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to suspend or terminate any account that we reasonably believe has been compromised, is being used in violation of these Terms, or is being shared among multiple users in a manner inconsistent with the subscription plan.

5. Subscriptions and Payment

5.1 Subscription Plans

Arqé offers monthly and annual subscription plans. All plans include unlimited downloads and full commercial usage rights as described in the License Agreement. Plan details and pricing are displayed on the Service at the time of purchase.

5.2 Billing

Subscription fees are billed in advance on a recurring basis (monthly or annually, depending on your selected plan). By subscribing, you authorize us to charge your designated payment method for the applicable fees.

5.3 Automatic Renewal

Subscriptions renew automatically at the end of each billing period unless you cancel before the renewal date. You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period, and you will retain access until that period expires.

5.4 Refunds

Subscription fees are generally non-refundable. However, if you experience a material issue with the Service that we are unable to resolve, you may contact us to request a refund at our discretion. Refund requests must be submitted within 14 days of the billing date in question.

5.5 Price Changes

We may modify subscription pricing with at least 30 days' written notice. Price changes take effect at the start of your next billing period following the notice. Your continued use of the Service after a price change constitutes acceptance of the new pricing.

6. License to Content

All Content downloaded through the Service is governed by the Arqé License Agreement, a separate document incorporated into these Terms by reference. The License Agreement defines the scope of permitted and prohibited uses of Content. In the event of any conflict between these Terms and the License Agreement regarding Content usage, the License Agreement shall prevail.

7. Prohibited Uses

You agree not to:

• Redistribute, resell, sublicense, or make available any Content as standalone files, whether modified or unmodified, including through any stock media platform, template marketplace, or file-sharing service;
• Use Content in a manner that infringes upon the intellectual property rights of any third party;
• Use the Service to train, develop, or improve any machine learning model, artificial intelligence system, or similar technology, except with our prior written consent;
• Circumvent, disable, or otherwise interfere with any security, access control, or usage-tracking features of the Service;
• Use any automated system, including bots, scrapers, or crawlers, to access, download, or interact with the Service beyond its intended functionality;
• Misrepresent yourself, your affiliations, or the nature of your use of the Service;
• Use the Service for any purpose that is unlawful, defamatory, obscene, or otherwise objectionable.

8. Intellectual Property

All Content, software, design elements, trademarks, and other materials available through the Service are owned by or licensed to Arqé and are protected by applicable intellectual property laws. Except for the license rights expressly granted in the License Agreement, no right, title, or interest in the Service or its Content is transferred to you. The Arqé name, logo, and all related marks are trademarks of Arqé. You may not use our trademarks without prior written permission.

9. AI-Generated Content

Content available on Arqé is generated using artificial intelligence tools and processes. While each image is art-directed and curated by our team, the underlying generation involves AI models. We make no representation that Content depicts real people, places, products, or events. Any resemblance to actual persons, living or dead, or actual events is coincidental.

You acknowledge that the legal landscape around AI-generated content is evolving. We monitor developments in copyright, intellectual property, and AI regulation, and we may update these Terms or the License Agreement accordingly. We make commercially reasonable efforts to ensure that Content does not infringe upon existing rights, but we do not guarantee that Content is free from all potential claims.

10. User Conduct

You agree to use the Service in compliance with all applicable laws and regulations. You are solely responsible for ensuring that your use of Content complies with the laws of your jurisdiction, including any industry-specific regulations that may apply to your use case.

11. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice, if we reasonably believe that you have violated these Terms. Upon termination, your right to access the Service and download new Content ceases immediately. Content that was validly downloaded and used in projects prior to termination may continue to be used in accordance with the License Agreement, subject to the restrictions therein.

12. Disclaimers

THE SERVICE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, ARQE DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT THAT CONTENT IS FREE FROM CLAIMS OF THIRD-PARTY INTELLECTUAL PROPERTY INFRINGEMENT.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ARQE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE OR CONTENT, REGARDLESS OF THE THEORY OF LIABILITY. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO ARQE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

14. Indemnification

You agree to indemnify, defend, and hold harmless Arqé and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service or Content; (b) your violation of these Terms; (c) your violation of any third-party right; or (d) any claim that your use of Content caused damage to a third party.

15. Modifications to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by posting the updated Terms on the Service and updating the effective date. We may also notify you via email if you have an active account. Your continued use of the Service after the effective date of any modification constitutes your acceptance of the revised Terms.

16. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the United Arab Emirates, without regard to conflict of law principles. Any disputes arising out of or relating to these Terms shall be resolved through binding arbitration administered under the rules of the Dubai International Arbitration Centre (DIAC), unless both parties agree to resolve the dispute in the courts of Dubai.

17. General Provisions

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect. Our failure to enforce any provision shall not constitute a waiver of that provision. These Terms, together with the License Agreement and Privacy Policy, constitute the entire agreement between you and us regarding the Service. These Terms may not be assigned by you without our prior written consent.

18. Contact

If you have questions about these Terms, please contact us at:hello@arqe.ai