By downloading, installing, or using ArcBrush ("the Software"), you agree to be bound by the following terms and conditions ("Terms"). If you do not agree to these Terms, do not use the Software.

1. License Grant

ArcBrush LLC grants you a limited, non-exclusive, non-transferable, revocable license to use the Software for personal or commercial purposes, subject to these Terms. You may install the Software on any number of devices you own or control.

2. Restrictions

You may not:

Reverse engineer, decompile, or disassemble the Software, except to the extent permitted by applicable law.
Remove, alter, or obscure any copyright, trademark, or other proprietary notices in the Software.
Redistribute, sublicense, rent, lease, or lend the Software to third parties.
Use the Software to develop a competing product.
Use the Software for any unlawful purpose or in violation of any applicable laws or regulations.

3. AI-Generated Content

The Software provides access to AI image generation features powered by third-party services. By using these features:

You acknowledge that AI-generated images may be subject to the terms and policies of the underlying AI model providers.
You are solely responsible for how you use AI-generated content, including compliance with applicable laws and third-party rights.
ArcBrush does not claim ownership of content you create using the Software, whether AI-generated or otherwise.
You agree not to use AI features to generate content that is illegal, harmful, deceptive, or infringes on the rights of others.

4. Credits and Payments

AI features require credits, which may be purchased through the Software.
All credit purchases are final and non-refundable, except as required by applicable law.
Credits have no cash value and cannot be transferred or exchanged.
ArcBrush LLC reserves the right to modify credit pricing at any time. Existing purchased credits will not be affected by price changes.
Unused credits do not expire.

5. Accounts

You may create an account to access AI features and purchase credits.
You are responsible for maintaining the security of your account credentials.
You must provide accurate information when creating an account.
ArcBrush LLC reserves the right to suspend or terminate accounts that violate these Terms.

6. Age Requirement

You must be at least 13 years of age to use the Software and create an account. By using the Software, you represent that you meet this age requirement. If you are between 13 and 18 years of age (or the age of majority in your jurisdiction), you must have your parent or legal guardian's permission to use the Software and agree to these Terms.

We do not knowingly collect personal information from children under 13. If we become aware that we have collected personal information from a child under 13, we will take steps to delete that information promptly. If you believe we have inadvertently collected information from a child under 13, please contact us at contact@arcbrush.com.

7. Data Collection and Privacy

The Software may collect anonymous usage telemetry to improve the application. This can be disabled in Settings.
No personal data, images, prompts, or file paths are included in telemetry.
Account information (email address) is stored securely on our servers and is used solely for authentication and communication.
We do not sell or share your personal information with third parties.

8. Intellectual Property

The Software, including its code, design, and documentation, is the intellectual property of ArcBrush LLC and is protected by copyright and other intellectual property laws.
Content you create using the Software belongs to you, subject to any applicable third-party terms for AI-generated content.

9. Copyright Claims (DMCA)

ArcBrush LLC respects the intellectual property rights of others. If you believe that content generated or shared through the Software infringes your copyright, you may submit a notice under the Digital Millennium Copyright Act (DMCA) to our designated agent:

Email: contact@arcbrush.com
Subject line: DMCA Takedown Notice

A valid DMCA notice must include:

Identification of the copyrighted work you claim has been infringed.
Identification of the material you claim is infringing, with enough detail for us to locate it.
Your contact information (name, address, email, phone number).
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 your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Your physical or electronic signature.

Upon receipt of a valid notice, we will respond in accordance with the DMCA, which may include removing or disabling access to the allegedly infringing material. We may also terminate the accounts of repeat infringers.

If you believe your content was removed in error, you may submit a counter-notification with: identification of the removed material, a statement under penalty of perjury that the removal was a mistake or misidentification, your contact information, and your consent to the jurisdiction of the federal court in your district. Counter-notifications must be sent to the same email address above.

10. Disclaimer of Warranties

THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ARCBRUSH LLC DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ARCBRUSH LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, WHETHER INCURRED DIRECTLY OR INDIRECTLY, ARISING FROM YOUR USE OF THE SOFTWARE. ARCBRUSH LLC'S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID FOR CREDITS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

12. Third-Party Services

The Software integrates with third-party services (including AI model providers and payment processors). Your use of these services is subject to their respective terms and privacy policies. ArcBrush LLC is not responsible for the availability, accuracy, or conduct of third-party services.

13. Updates

ArcBrush may release updates to the Software from time to time. The Software may check for updates automatically (this can be disabled in Settings). Updates may modify or remove features.

14. Termination

These Terms are effective until terminated. You may terminate these Terms at any time by uninstalling the Software from your devices and, if applicable, requesting deletion of your account by contacting us at contact@arcbrush.com. ArcBrush LLC may terminate your license at any time if you violate these Terms. Upon termination, you must cease all use of the Software and delete all copies. Sections that by their nature should survive termination, including Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Governing Law, will survive.

15. Changes to Terms

ArcBrush LLC reserves the right to modify these Terms at any time. Updated Terms will be posted at https://arcbrush.com/terms. Your continued use of the Software after changes constitutes acceptance of the updated Terms.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Washington, United States, without regard to conflict of law principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in the State of Washington, and you consent to the personal jurisdiction and venue of such courts.

17. Indemnification

You agree to indemnify, defend, and hold harmless ArcBrush LLC, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your use or misuse of the Software; (b) your violation of these Terms; (c) your violation of any third-party rights, including intellectual property or privacy rights; or (d) any content you create, upload, or transmit using the Software.

18. Export Controls

The Software may be subject to United States export control laws and regulations, including the Export Administration Regulations. You agree to comply with all applicable export and re-export control laws and regulations. You represent that you are not located in, under the control of, or a national or resident of any country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a "terrorist supporting" country, and that you are not on any U.S. government list of prohibited or restricted parties.

19. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it enforceable while preserving its intent.

20. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and ArcBrush LLC concerning the Software and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written. No waiver of any provision will be effective unless in writing and signed by an authorized representative of ArcBrush LLC.

21. Contact

If you have questions about these Terms, please contact us at contact@arcbrush.com.

Terms of Service