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TERMS OF USE

Effective Date: May 1, 2026

Welcome to Arky. Please read these Terms of Use carefully, as they govern your access to and use of our website(s), applications, and services (collectively, the “Services”). If you have any questions, please contact us at: help@arky.so

These Terms of Use (the “Terms”) are a binding agreement between you and Arky Labs, Inc. (“Arky,” “we,” or “us”), a company incorporated in the State of Delaware, United States. By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use our Services.

1. Scope and Acceptance of Terms

These Terms apply to your use of all online services provided by the Company. You become subject to these Terms by indicating your consent during account registration or by otherwise accessing or using the Services. The Company may amend these Terms with at least 7 days’ prior notice. Continued use after the effective date of any update constitutes acceptance.

2. Definitions

  • “User” means any individual who uses the Services.
  • “Account” means the identifier and associated credentials created to identify a User.
  • “Input Data” means any materials a User uploads or provides to the Services.
  • “Output Data” means results generated by the Services based on Input Data.
  • “User Content” means all content a User creates, uploads, posts, or shares within the Services.
  • “Paid Subscription” means a contract under which fees are paid to use the Services for a specified period.
  • “Beta Features” means features provided in an experimental or pre-release state.

3. Eligibility and Accounts

You must be at least 16 years of age to use the Services, or 13 in the United States (subject to COPPA). If you are under the applicable age of majority in your jurisdiction, consent from a parent or legal guardian is required. You must create your Account using your own information and are responsible for maintaining its security. You may not transfer or lend your Account.

4. Account Registration and Security

You must provide accurate, complete, and up-to-date information when creating your Account. You must safeguard your login credentials and are responsible for all activities under your Account. If you use a third-party sign-in method, you authorize us to access the necessary account information.

5. Acceptable Use

You agree not to:

  • Violate any applicable laws or regulations
  • Upload, share, or store content that is unlawful, harmful, defamatory, or infringing
  • Misuse the Services to generate illegal or harmful AI outputs
  • Interfere with the operation of the Services or attempt unauthorized access
  • Use bots, crawlers, or automated systems without prior permission
  • Reverse-engineer, decompile, or derive the source code

6. Intellectual Property

Your Content: You retain ownership of the content you create. You grant Arky a worldwide, non-exclusive, royalty-free license to store, process, and display your content solely for providing and improving the Services.

Our Content: The Services, including software, designs, and documentation, are owned by Arky and protected under applicable intellectual property laws.

7. Copyright Infringement (DMCA)

If you believe that your copyrighted work has been copied in a way that constitutes infringement, please send a notice to our designated copyright agent at help@arky.so containing:

  • A description of the copyrighted work you claim has been infringed
  • A description of the material you claim is infringing and its location on the Services
  • Your contact information (name, address, telephone number, email)
  • A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law
  • A statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf
  • Your physical or electronic signature

We may remove or disable access to allegedly infringing material and may terminate repeat infringers’ accounts in appropriate circumstances.

8. AI-Generated Content

Output Data may contain inaccuracies or bias. You are solely responsible for verifying accuracy before relying on any Output Data. Output Data is not guaranteed to be unique and may not be eligible for copyright protection in all jurisdictions. To the extent permitted by applicable law, rights in the Output Data vest in you. The Company may use anonymized and aggregated data to improve the Services. The Services must not be used for high-risk purposes including, but not limited to, medical diagnosis, legal advice, financial decision-making, or critical infrastructure control.

9. Payment & Subscriptions

Certain features are offered as paid services. Paid Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. We will provide at least 7 days’ notice before each renewal. Except where required by applicable law, all fees are non-refundable. You may cancel at any time through account settings; cancellation takes effect at the end of the current billing period.

California Residents: In accordance with California Business & Professions Code §§ 17600–17606, you will receive a clear and conspicuous disclosure of the automatic renewal terms before being charged, and you may cancel your subscription at any time.

EU/EEA Residents: If you are a consumer in the EU/EEA, you have the right to withdraw from a Paid Subscription within 14 days of purchase without giving any reason, unless you have expressly consented to the immediate performance of the digital service and acknowledged the loss of your withdrawal right.

10. Termination

We may suspend or terminate your Account if you violate these Terms or engage in conduct that we reasonably determine is harmful to other Users, the Services, or Arky. We will provide notice before termination except where immediate action is necessary to prevent harm. Upon termination, your access ceases and your data may be deleted in accordance with Section 11.

11. Data Access, Retention, and Deletion

Before termination, you may download your data using the export functionality. After account termination, the Company retains data for up to 60 days for backup and audit, after which it is permanently deleted unless longer retention is required by law.

12. Disclaimer of Warranties; Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, the Services are provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory. The Company’s aggregate liability arising from or relating to these Terms or the Services shall not exceed the greater of (a) the amount paid by you in the 12 months preceding the claim or (b) USD $100.

Nothing in these Terms excludes or limits liability for (i) death or personal injury caused by negligence, (ii) fraud or fraudulent misrepresentation, or (iii) any liability that cannot be excluded or limited under applicable law.

13. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless the Company from claims arising from your use of the Services, violation of these Terms, or infringement of third-party rights. This section does not apply where prohibited by applicable consumer protection law.

14. Dispute Resolution and Arbitration

Informal Resolution: Before filing any formal claim, you agree to contact us at help@arky.so and attempt to resolve the dispute informally for at least 30 days.

Binding Arbitration: If informal resolution fails, any dispute arising from these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. The arbitration shall be conducted in English, and the arbitrator’s decision shall be final and binding.

Class Action Waiver: TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND ARKY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

EU/EEA Consumers: If you are a consumer resident in the EU/EEA, the arbitration and class action waiver provisions above do not apply to you. You may bring proceedings in the courts of your country of residence. You may also use the EU Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

15. Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law principles. Where mandatory consumer protection laws of your jurisdiction provide protections that cannot be waived by contract, those protections shall apply.

16. General Provisions

  • Severability: If any provision of these Terms is held invalid or unenforceable, the remaining provisions continue in full force.
  • Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Arky regarding the Services.
  • Force Majeure: Neither party shall be liable for delays or failures resulting from causes beyond reasonable control, including natural disasters, war, pandemic, or government action.
  • Assignment: You may not assign your rights under these Terms. Arky may assign its rights without restriction.
  • Waiver: No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.

17. Company Information

  • Company Name: Arky Labs, Inc.
  • Incorporated in: State of Delaware, United States
  • Principal Office: 1F, 61, Yonsei-ro 2na-gil, Seodaemun-gu, Seoul, Republic of Korea

18. Contact

For inquiries regarding these Terms, please contact: help@arky.so