By creating an account, accessing, or using Arch D Studio (the “Service”), you agree to be bound by these Terms of Service (“Terms”) and our Privacy Policy, which is incorporated here by reference. If you do not agree, do not use the Service.
These Terms form a binding legal contract between you (“you,” “User”) and Arch D Studio (“we,” “us,” “Arch D”), operated from Longmont, Colorado.
You must be at least 18 years old to use the Service. By accepting these Terms, you represent that you are 18 or older and have the legal capacity to enter into this agreement.
1. The Service
Arch D Studio is a software-as-a-service platform that uses artificial intelligence to generate, modify, and compose images for interior design and architectural visualization. The Service includes image generation, reference image management, product catalog search, design composition tools, and related features as offered from time to time.
We may modify, suspend, or discontinue any part of the Service at any time, though we will make reasonable efforts to notify active subscribers of material changes.
2. Accounts
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must provide accurate registration information and keep it current, and notify us immediately of any unauthorized use.
We may suspend or terminate your account at our discretion for violation of these Terms, suspected fraud, chargebacks, abusive behavior, or any conduct we determine harms the Service or other Users.
3. User Content and Licenses
3.1 Your Content
“User Content” means any images, prompts, text, product references, masks, markup, branding, descriptions, or other material you upload, submit, or generate through the Service, including both inputs and outputs.
3.2 Your Representations and Warranties
By uploading or submitting any User Content, you represent and warrant that:
- You own all rights in the User Content, or you have obtained all necessary licenses, permissions, releases, and consents to use, reproduce, modify, and distribute it through the Service.
- The User Content does not infringe, misappropriate, or violate any third party’s intellectual property, privacy, publicity, contractual, or other rights.
- You have obtained any required releases from individuals depicted in any photographs you upload.
- You have the right to use any client property, real estate listings, architectural drawings, or proprietary designs you submit.
- The User Content does not contain malware, sexually explicit content, content depicting minors in any compromising context, content promoting violence or discrimination, or content that is otherwise unlawful.
You retain ownership of your User Content. You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify, transmit, and process the User Content solely to provide and improve the Service. This license terminates when you delete the User Content or close your account, except where retention is required by law, for content in backup systems pending routine deletion, or for anonymized and aggregated data used to improve the Service.
3.3 AI-Generated Output
The Service uses third-party AI models to generate images and other outputs based on your inputs. You acknowledge and agree that:
- Generative AI Is Not Perfect. Generative AI is an inherently imprecise technology. Outputs may contain inaccuracies, visual artifacts, or details that differ from your inputs or instructions, and the same request may produce different results each time. Achieving exactly the result you want, particularly fine-grained detail, may require multiple revisions and re-renders, each of which consumes credits as described in Section 5. Accuracy is a major priority for Arch D, and we continually refine the models and tools we offer to improve reliability and control, but we do not guarantee that any particular generation will match your expectations.
- No Originality Warranty. AI-generated outputs may resemble or coincidentally reproduce existing works. We make no representation that any AI-generated output is original, novel, free of third-party rights, or copyrightable by you.
- Your Responsibility to Verify. You are solely responsible for reviewing AI-generated outputs before using them commercially, sharing them with clients, or publishing them, and for ensuring such use does not infringe third-party rights.
- Copyright Uncertainty. The legal status of copyright in AI-generated works is unsettled and varies by jurisdiction. We make no representation that you can claim copyright in AI-generated outputs.
- Ownership. As between you and Arch D, you own the AI-generated outputs created from your inputs, subject to the licenses granted above and to the rights of any underlying model providers.
3.4 Product References and Catalog Data
The Service may include catalog data sourced from third-party retailers and web search results identifying real-world products. We make no representation that products shown remain available, are accurately priced, or are correctly described. We are not a reseller of these products, do not warrant them, and have no affiliation with these retailers unless expressly stated.
4. Acceptable Use
You agree not to:
- Use the Service to generate content that is defamatory, harassing, hateful, sexually explicit, violent, or otherwise unlawful.
- Use the Service to impersonate any person or misrepresent your affiliation.
- Upload content depicting real individuals without their consent for AI manipulation.
- Use the Service to create deceptive content intended to defraud or mislead.
- Attempt to reverse-engineer, decompile, or extract the underlying models or proprietary technology.
- Use automated means to access the Service except as expressly permitted by our published API.
- Resell, sublicense, or provide the Service to third parties except as part of your own client deliverables.
- Circumvent any rate limits, usage limits, or access controls.
- Use the Service in any way that violates applicable law, including export controls.
5. Payments, Subscriptions, and Credits
Current pricing is displayed on our website. We may change pricing at any time; changes apply to renewals and new purchases, not to the unexpired portion of a paid term.
Subscriptions auto-renew until cancelled. You authorize us and our payment processor (Stripe) to charge your payment method on the renewal date. Failed payments may result in immediate suspension.
Image generation credits are non-refundable, have no cash value, and expire as stated at purchase or per your subscription tier. Credits are consumed each time a generation is requested, including revisions and re-renders of the same scene. Because generative AI is not perfect (see Section 3.3), refining a design to your exact specifications may require multiple generations, and each one consumes credits regardless of whether the output matches your expectations. Credits used in the revision process are not refundable.
Subscription fees are non-refundable except where required by law. We may, at our sole discretion, issue partial credits or refunds for verified Service outages or billing errors.
If you initiate a chargeback or payment dispute without first contacting us to resolve the issue, we may suspend your account, retain any User Content pending resolution, and charge a $50 administrative fee plus any chargeback fees we incur.
6. Intellectual Property
The Service, including its software, design, interface, branding, catalog organization, prompt templates, and all related materials, is owned by Arch D and protected by intellectual property laws. These Terms grant you a limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms.
The Arch D name, logo, and trademarks may not be used without our prior written permission.
7. DMCA and Copyright Claims
If you believe content on the Service infringes your copyright, send a notice to our designated agent at the contact address in Section 13. Repeat infringers will have their accounts terminated in accordance with the Digital Millennium Copyright Act.
8. Disclaimer of Warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR UNINTERRUPTED OPERATION.
We do not warrant that the Service will meet your requirements, that AI-generated outputs will be accurate or suitable for any particular purpose, that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service is free of viruses or other harmful components.
You assume all risk and responsibility for your use of AI-generated outputs, including any decision to share them with clients or use them in commercial work.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- IN NO EVENT WILL ARCH D, ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR ANY DAMAGES ARISING FROM AI-GENERATED OUTPUTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- OUR TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (i) THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (ii) ONE HUNDRED U.S. DOLLARS ($100).
- THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY AND EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
10. Indemnification
You agree to defend, indemnify, and hold harmless Arch D and its owners, officers, employees, contractors, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to:
- Your User Content, including any claim that it infringes or violates third-party rights.
- Your use of AI-generated outputs, including any claim that an output infringes a third party’s copyright, trademark, design rights, right of publicity, or privacy.
- Your violation of these Terms.
- Your violation of any law or third-party right.
- Disputes between you and your clients regarding work product produced using the Service.
11. Termination
You may terminate your account at any time through your account settings. Termination does not entitle you to refund of prepaid fees or credits except as required by law.
We may suspend or terminate your account immediately for material breach, suspected fraud, payment failure, or conduct that exposes us to liability or harms other users. Sections that by their nature should survive termination will survive.
12. Dispute Resolution, Arbitration, and Class Action Waiver
READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
Before filing any formal proceeding, you agree to contact us and attempt good-faith resolution for at least sixty (60) days.
Any dispute arising out of or relating to these Terms or the Service that is not resolved informally will be resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules. Arbitration will be conducted in Boulder County, Colorado, or remotely at the arbitrator’s discretion.
YOU AND ARCH D AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding.
Either party may bring an individual action in small claims court for disputes within that court’s jurisdiction. You may opt out of arbitration by sending written notice to the contact address below within thirty (30) days of first accepting these Terms.
13. General
These Terms are governed by the laws of the State of Colorado, without regard to conflict-of-laws principles. Subject to Section 12, the state and federal courts located in Boulder County, Colorado have exclusive jurisdiction.
We may update these Terms from time to time. Material changes will be communicated by email or in-app notice at least thirty (30) days before they take effect, except where shorter notice is required for legal, regulatory, or security reasons.
These Terms, the Privacy Policy, and any order forms or written agreements between us constitute the entire agreement. If any provision is held unenforceable, the remaining provisions will remain in full force.
We are not liable for failure to perform due to causes beyond our reasonable control, including acts of God, war, civil unrest, labor disputes, internet or third-party provider outages, pandemics, or government action.
Contact
Questions, notices, and legal communications: legal@archd.studio. DMCA notices and copyright claims: dmca@archd.studio. General support: support@archd.studio.
By clicking “I Agree,” creating an account, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.