NewArc.ai Terms of Service

Introduction, Overview, and Your Agreement

These terms of service (and any other terms or information incorporated into them by reference) (collectively the ”Terms”) govern your access and use of NewArc.ai (the “Services”).

The Services are provided by Variable Ltd (“NewArc”, ”we”, or “us”) to provide creative generative tools for our users to express their creativity to produce user-generated images from graphic and text prompts (“Content”). The Services use an artificial intelligence (“AI”) tool to generate this Content. This use of AI is relatively new and still evolving. As a result, while we have taken — and continue to take — efforts to preclude your creation of extreme content, we cannot guarantee the suitability or appropriateness of the resulting images you generate. You are solely responsible for your use of the Services, including your graphic and text prompts, generation of Content, and the consequences of your Content Sharing (as defined below).

By using the Service, you are representing that you are of a legal age to enter into a binding contract in your legal jurisdiction and agreeing to these Terms. If you are using the Services on behalf of a business or other entity, you also represent that you have authority to bind them to these Terms. If you are not of legal age, do not agree to these Terms, or do not have that authority, you must not access or use the Services and any use would be wholly unauthorized and in violation of these Terms.

Your Information

For information concerning how and why we might collect, store, use, and/or share your personal information when you use the Services, including when you register to set up a membership account, please read and review our Privacy Policy.

Community Guidelines

As a valued member of our user community, the contribution of your near-boundless creativity plays an important part in creating aт environment to produce incredible Content. We like to say “ near-boundless” because your contributions must be safe, legal, and in accordance with these Terms. We want to be very clear about what we expect from you, and how we may respond if you do not meet our expectations. The Community Guidelines apply to your Content and use of the Services, including any Content Sharing (as defined below). Please review them carefully.

– You will not use the Services in any manner described below in “Prohibited Uses”.
– Before posting, publishing, or otherwise sharing Content with others (collectively, “Content Sharing”), you must give careful consideration to the potential physical, emotional, mental, financial, and reputational harm that it may have on others. Content that may be acceptable, harmless, satirical, artistic, or humorous to you might be perceived as harassing, threatening, intimidating, upsetting, disturbing, embarrassing, distressing, or hateful to someone else.

Any violation of these terms (including the Community Guidelines) may result in the suspension or termination by us, in our sole discretion, of your access to and use of the Services (including a permanent ban and you will forfeit any remaining fees paid for the services). We MAY CHANGE the Services in our sole discretion. We will endeavor to provide reasonable notice of any suspension, termination, or change to you, but may do so without notice if in our sole judgment, we need to make changes to comply with law, protect or enforce legal rights, avoid or mitigate misuse of the Services or adverse legal or regulatory impacts on us, or otherwise to address or prevent an emergency. If we disable your account for a violation of the Terms or any other reason based on your conduct, you may not create another account without our express permission, which we may withhold in our sole discretion. If we let you create a new account, it does not imply that our prior decision to disable your account was wrong or without cause.

Without limiting the foregoing, you acknowledge and agree that NewArc.ai may preserve your text prompts and Content and may also disclose your text prompts and Content if required to do so by law or in NewArc.ai’s good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of NewArc.ai, its officers, employees, directors, shareholders, licensors, service providers, agents, and the public.

Prohibited Uses

We want you to use the Services to express yourself and to develop Content that you find interesting, but not at the expense of the safety and well-being of others. Accordingly, you may not, or assist any other person to:

– Violate these Terms, the License, or other policies applicable to the Services;
– Include sensitive personal information about yourself or any other person;
– Violate the privacy, publicity, or other rights of any third party;
– Further or promote criminal activity or enterprise or provide instructional information about illegal activities;
– Generate any Content or engage in Content Sharing that a reasonable person could find obscene, lewd, lascivious, offensive, pornographic, indecent, vulgar, prurient, excessively violent, or to be a glorification or promotion of violence or a celebration of the suffering or humiliation of any person or class of people (whether living or deceased) (including visible genitalia, bare breasts, fully-nude buttocks, depictions of suicide or explicit sexual activity, fetishistic content, bodily fluids, bestiality, or imagery that shows violent death or acts of torture);
– Generate Content or engage in any Content Sharing that has any risk or possibility of exploiting, harming, or endangering the health or well-being of children or other minors (“Children”), such as images of Children in sexualized costumes, poses, or a sexual fetishistic context, or which identifies, directly or indirectly, alleged victims of child sexual exploitation, or for the purpose of exploiting, harming or attempting to exploit or harm Children in any way;
– Generate Content or engage in any Content Sharing that may exploit any vulnerabilities, offend human dignity or may otherwise be defamatory, libelous, harassing, threatening, embarrassing, disparaging, distressing, hateful — racially, ethnically, or otherwise — to a person or class of people, or which may be discriminatory towards a person’s or class of people’s race, religion, color, age, ethnicity, national origin, disability, physical, or mental characteristics, sexual orientation, gender expression, gender identity, family status, medical or genetic condition, personality characteristics, or physical appearance, including through the material distortion of the behavior of any such person or class of people in a manner that causes or is likely to cause that person or class of people physical or psychological harm;
– Use the Services or any Content to stalk, harass, abuse, mock, ridicule, intimidate, disparage, defame, threaten, defraud, or otherwise mistreat or harm any person or class of people;
– Generate Content or engage in any Content Sharing that is intentionally misleading, false, or otherwise inappropriate or with the purpose of harming others, regardless of whether the Content or its dissemination is unlawful;
– Upload any materials that: (i) infringe any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under any contractual or fiduciary relationship;
– Upload any material, program, or software that contains any virus, worm, spyware, Trojan horse or other program or code designed to interrupt, destroy or limit the functionality of the Services, launching a denial of service attack, or in any other way attempting to interfere with the functioning and availability of the Services;
– Interfere with or disrupt the Services or servers or networks connected to the Services;
– Access or otherwise obtain any materials or information through any means not intentionally made available or provided for by NewArc.ai to you through the Services;
– Use the Services in any way that violates any applicable national, federal, state, local or international law or regulation; or
– Attempt to do any of the above.

The Services may block certain text prompts and blur resulting Content if we find (in our sole judgment) the prompt or resulting image too graphic, offensive, insensitive, or hurtful, even in circumstances where you may not have had any ill intent or where the Content does not otherwise violate the prohibitions described above. We may also block text prompts or block or remove Content that we otherwise find objectionable or that we believe in our reasonable judgment may expose us or others to any harm or liability.

Ownership of Content; NewArc.ai Use of Content

As between you and NewArc.ai, you own the Content that you generate using the Services to the extent permitted by applicable law.

With respect to images you upload to the Services, you represent and warrant that you own all right, title, and interest in and to such images, including without limitation, all copyrights and rights of publicity contained therein. You are responsible for the Content, including for ensuring any Content Sharing does not violate any applicable law, intellectual property right of any third party, or these Terms.

All input and generated images are solely yours, visible only to your account, and it's entirely your choice if you want to share them.

We will never feature your designs on our website, social media, or any other public platforms without your explicit permission.

We do not use your images to fine-tune our AI model, ensuring that your creations with NewArc.ai do not influence or appear in any other user's designs.

Feedback

We always love to receive feedback, comments, ideas, proposals, and suggestions for improvements to the Services (“Feedback”). You acknowledge that any Feedback provided by you to NewArc.ai is not confidential and that NewArc.ai and its affiliates will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, without providing any compensation or other attribution or acknowledgment to you.

Disclaimer

The Services are provided on an “as is” and “as available” basis. Except to the extent prohibited by law, we make no warranties (express, implied, statutory, or otherwise) with respect to the Services or content, and disclaim all warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, and non-infringement. NewArc.ai makes no warranty that (a) the services will meet your requirements, (b) the services will be uninterrupted, timely, secure, or error-free, and (c) the results that may be obtained from the use of the services will be accurate or reliable.

NewArc.ai reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that NewArc.ai will not be liable to you or to any third party for any modification or discontinuance of the Services, except as set forth in the “Limitation of Liability” section below.

You understand that we are not responsible for any activities or legal consequences of your use of the Services. Users are responsible for using the Services in compliance with all applicable laws and regulations of the jurisdictions in which such users are domiciled, reside, or are located at the time of such access or use, the jurisdictions into which such users direct any Content Sharing, as well as these Terms.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER NewArc.ai NOR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, LICENSORS, SERVICE PROVIDERS, AND AGENTS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NewArc.ai HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICES OR ANY RELATED INFORMATION; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY CONTENT; (C) CONDUCT OF ANY THIRD PARTY (INCLUDING OTHER USERS) OF THE SERVICES; OR (D) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT WILL NewArc.ai’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE GREATER OF (I) ONE HUNDRED DOLLARS ($100) OR (II) THE PRICE YOU PAID FOR THE AMOUNT OF CREDITS CONSUMED BY THE SERVICE IN THE LAST TWELVE (12) MONTHS. IF YOU ARE MERELY DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the Services or these Terms must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF CERTAIN CATEGORIES OF DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Waiver and Severability

If you do not comply with a portion of these Terms and we do not take action right away, this does not mean we are giving up any of our rights under these Terms. If any part of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction or arbitrator, the remainder of the Terms shall be enforced to the maximum extent permitted by law.

Entire Agreement; Construction

These Terms, including the License, contain the entire agreement between you and NewArc.ai regarding your use of the Services and, supersede any prior or contemporaneous agreements, communications, or understandings between you and NewArc.ai on that subject. In the event of any conflict between these Terms and the License, these Terms shall control.

Assignment and Delegation

You may not assign or delegate these Terms or any rights or obligations under these Terms. Any attempted or purported attempted assignment or delegation shall be null and void, and will automatically terminate your right to use the Services. We may assign or delegate these Terms or any rights or obligations under these Terms in connection with a merger, acquisition or sale of all or substantially all of our assets, or to any affiliate or as part of a corporate reorganization.

Notices

All notices to NewArc.ai under these Terms, unless otherwise specified shall be sent to support@newarc.ai. We may notify you using the membership registration information you provided when you signed up to access the Services, including the email address associated with your use of the Services. Service of any notice will be deemed given on the date of receipt if delivered by email or on the date sent via courier if delivered by postal mail.

Changes to these Terms

We may change or modify these Terms by posting a revised version on the NewArc.ai website or by otherwise providing notice to you, and will state at the top of the revised Terms the date they were last revised. Changes will not apply retroactively and will become effective no earlier than fourteen (14) calendar days after they are posted, except for changes addressing new Service functions or changes made for legal reasons, which will be effective immediately. Your continued use of the Services after any change means you agree to the new Terms.

Last updated: March 15, 2023