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Legal
Terms of ServicePrivacy policyData Processing AddendumAI AddendumSubprocessors
Terms of Service
Last Updated: October 6, 2026
Introduction
Welcome to Arcade Software, Inc., a Delaware corporation with its principal place of business at 445 Bush Street, Suite 400, San Francisco, CA 94108 (“Arcade,” “we,” “our,” or “us”). Arcade provides a platform for creating, exporting, and sharing AI-generated videos and interactive demos, comprising the arcade.software website, the Arcade web application, browser extension, desktop application, Figma plugin, Arcade's application programming interfaces ("APIs") and Model Context Protocol tools, the AI Features described in the AI Addendum, and Arcades published using it, wherever they appear (collectively, the "Service"). Descriptions in our Help Center and Changelog are provided for convenience and do not expand or limit the Agreements.
These Terms of Service (“Terms”) govern Customer’s use of the Service operated by Arcade.
Our Privacy Policy also governs Customer’s use of our Service and explains how we collect, safeguard, and disclose information that results from use of our web pages. Please read it here.
Your agreement with us includes these Terms, our Privacy Policy, our Data Processing Addendum, and our AI Addendum (together with any Order as set forth in the “Incorporated Terms; Order of Precedence; Entire Agreement” Section below, the “Agreements”). You acknowledge that you have read and understood the Agreements and agree to be bound by them. If you do not agree with (or cannot comply with) the Agreements, then you may not use the Service, but please let us know by emailing us at [email protected] so we can try to find a solution. The Agreements apply to all visitors, users, and others who wish to access or use the Service.
“Customer” or “you” means the person or entity (other than Arcade) that has agreed to be bound by the Agreements. By using Arcade, you fall into one or more of the following categories of users:
“Site Visitors” are users of our web pages.
“Free Users” use the free version of our product. Free Users have access to a more limited set of features and functionality than Authorized Users.
“Authorized Users” use our product as part of any paid subscription plan purchased by the Customer who has separately entered into the Agreements with Arcade governing the access and use of the product and permitting that Customer to create and configure Arcade so that Authorized Users may join. As an Authorized User, you gain access to the Service through a Customer of Arcade.
“Viewers” are individuals who view an Arcade published using the Service. Viewers are not required to create an account.
“Order” means an order form, quote, statement of work, or online purchase flow executed or accepted by Customer that references these Terms and specifies the Service plan, Subscription Term, and fees.
Communications
By creating an account on our Service, we may send you newsletters, marketing or promotional materials, and other information. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing [email protected].
Purchases
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order, or other reasons.
We reserve the right to refuse or cancel your Order if fraud or an unauthorized or illegal transaction is suspected.
Subscriptions
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed the applicable “Subscription fees” in advance on a recurring and periodic basis (“Billing Cycle”). Billing Cycles are set either on a monthly or annual basis (“Subscription Term”), depending on the type of Subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription and Subscription Term will automatically renew (subject to Fee Changes and the Amendments to Terms sections set forth below) unless you cancel it or Arcade cancels it in advance. You may cancel your Subscription renewal either through your online account management page or by contacting Arcade’s customer support team at [email protected].
A valid payment method, including a credit card, is required to process the payment for your Subscription. You shall provide Arcade with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize Arcade to charge all Subscription fees incurred through your account to any such payment instruments. Should automatic billing fail to occur for any reason, Arcade will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the Billing Cycle as indicated on the invoice.
Credits. Use of Arcade's AI video product is metered in credits (“Credits”). Video generation and AI editing consume Credits, as do other features identified in the Service. Credits may be included with your Subscription Plan and, where we make them available, may also be purchased separately. Credit allotments vary by the Subscription Plan you purchase. We will describe the Credit allowance, replenishment cadence, and expiration terms applicable to your Subscription Plan at the point of purchase or within the Service. We may change which features consume Credits, and the number of Credits a feature consumes, on a prospective basis. Credits have no cash value, are non-refundable except as required by law, may be used only within the workspace to which they are allotted, and may not be transferred, resold, or redeemed for cash. Credits are not a stored-value instrument, gift card, or prepaid access device, and confer no property right. Except as expressly set forth for your Subscription Plan, unused Credits do not roll over to a subsequent Billing Cycle. Unused Credits expire upon the expiration or termination of your subscription. If a workspace exhausts its Credits, affected features may be unavailable until your Credit allowance replenishes or you upgrade your Subscription Plan.
Late Payment. If any amounts are not received by Arcade by the due date, then without limiting Arcade’s rights or remedies, (a) those charges may accrue late interest at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, and (b) Arcade may condition future Subscription renewals and purchases on payment terms shorter than those specified in this section.
Taxes. Subscription fees do not include any taxes, levies, duties, or similar governmental assessments of any nature, including value-added, sales, use, or withholding taxes (collectively, “Taxes”). Customer is responsible for paying all Taxes associated with its purchases hereunder, excluding taxes based on Arcade’s net income. If Arcade has the legal obligation to pay or collect Taxes for which Customer is responsible under this section, Arcade will invoice or charge Customer and Customer will pay that amount unless Customer provides Arcade with a valid tax exemption certificate authorized by the appropriate taxing authority.
Free Trial
Arcade may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).
You may be required to enter your billing information in order to sign up for a Free Trial. If you do enter your billing information when signing up for a Free Trial, you will not be charged by Arcade until the Free Trial has expired. On the last day of the Free Trial period, unless you have cancelled your Subscription in advance through your online account management page or by emailing us at [email protected], you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, Arcade reserves the right to (i) modify the terms of any Free Trial offer, or (ii) cancel such Free Trial offer.
Fee Changes
Arcade, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Arcade will provide you with at least thirty (30) days’ prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Refunds
Except as expressly provided in the “Indemnification” and “Termination” sections, or when required by law, paid Subscription fees are non-refundable.
Content
Our Service allows you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for Content that you post on or through the Service, including its legality, reliability, and appropriateness.
When you or another Authorized User submits Content or information to the Service, you acknowledge and agree that, as between Arcade and Customer, the Content is controlled by Customer and the Agreements provide Customer with choices and control over that Content. Customer may manage permissions, enable or disable third-party integrations, and/or consolidate Content within the workspace, which may result in access, use, disclosure, modification, or deletion of certain or all Content.
License to Arcade. You grant Arcade a worldwide, non-exclusive, royalty-free license to host, store, reproduce, transcode, modify (for formatting and delivery), publish, and display Content and Output solely as necessary to (a) provide, secure, and support the Service, (b) publish and display Content and Output at your direction, including delivery of a published Arcade to Viewers, (c) enforce these Terms, to maintain security of the Service and prevent fraud or abuse, and (d) comply with applicable law. Arcade will not use Content for any other purpose. This license ends when the Content is deleted from the Service, except with respect to copies retained as described in the Data Processing Addendum. Arcade’s use of AI Features with respect to Content is additionally governed by the AI Addendum.
No Monitoring Obligation. Arcade has no obligation to monitor or review Content, but may do so in connection with operating and improving the Service or to ensure compliance with the Agreements.
Customer-Directed Website Capture. Certain features of the Service retrieve material from a website or other source that you designate, including fonts, logos, images, text, colors and style information, and may do so automatically once you have designated that source ("Captured Assets"). Captured Assets are Content for all purposes under the Agreements.
By designating a source or generating a brand kit, you instruct and authorize Arcade to retrieve, copy, store, host, and serve those Captured Assets on your behalf. You represent and warrant that you own or hold all rights, licenses, consents, and permissions necessary for Arcade to do so, including licenses to any font software served from the designated source sufficient to permit Arcade to store and serve that font software on your behalf and within content you create using the Service. This representation applies with respect to material Arcade retrieved from a source you designated before the effective date of this provision. You acknowledge that font software and other material made publicly accessible on a website is frequently licensed on terms that restrict copying, redistribution, or hosting by third parties, and that public accessibility does not itself constitute permission to copy. Arcade retrieves and hosts Captured Assets solely as your service provider, for use within your workspace and in content you create with the Service; Arcade does not make Captured Assets available to other customers and does not offer them as a library or as a standalone product. Arcade may decline to retrieve Captured Assets and material from any source, and may remove or disable any Captured Assets at any time, including on receipt of a credible claim of infringement and without first resolving the merits of that claim, in which case the Service will substitute a default typeface or other default asset. Arcade will have no liability to you for any degradation in the appearance or functionality of your content resulting from action taken under this provision.
Content Representations and Warranties. By posting Content on or through the Service, you represent and warrant that: (i) the Content is your proprietary work and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You are responsible for protecting those rights. Free Users maintain ownership of the Content that they submit to the Service. Content submitted to the Service by Authorized Users is owned and controlled by Customer, in accordance with the Agreements.
We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. Arcade may remove or disable access to Content that Arcade reasonably believes violates the Agreements or applicable law, without prior notice and without liability to you.
Arcade Materials and License. The Service and its original content, features, and functionality—excluding Content and Output (as defined in the AI Addendum)—are and remain the exclusive property of Arcade and its licensors (“Arcade Materials”). You may not distribute, modify, transmit, reuse, download, repost, copy, or otherwise exploit Arcade Materials, in whole or in part, without Arcade’s prior written permission. Nothing in these Terms transfers ownership of Content or Output to Arcade.
Subject to Customer’s compliance with the Agreements, Arcade grants Customer a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Service during the Subscription Term solely for Customer’s internal business purposes.
AI Features
The Service incorporates artificial intelligence features (“AI Features”), which are governed by the AI Addendum at arcade.software/ai-terms, incorporated into these Terms. Content you submit to AI Features is “Input Data” and content generated by them is “Output”, each as defined in the AI Addendum. As between the parties, you own Input Data and Output. Output is Content for all purposes under the Agreements, except that the "Content Representations and Warranties" section does not apply to Output.
Output may contain errors or inaccuracies, may not be unique, and may include content that infringes third-party rights. Output is provided “AS IS” and “AS AVAILABLE,” without warranty. You are responsible for reviewing Output before publishing or distributing it, and for ensuring it complies with applicable law, third-party rights, and your own policies. Arcade does not use Input Data to train, retrain, fine-tune, or otherwise modify the weights, parameters, or embeddings of any AI model, as further described in the AI Addendum.
Beta Features
We may make features identified as beta, preview, early access, or similar (“Beta Features”) available to you. Beta Features are provided “AS IS,” may be modified or discontinued at any time without the notice described under the “Changes To Service” section, are excluded from any service level or support commitment, and are Arcade’s Confidential Information. Your use of Beta Features is voluntary.
Prohibited Uses
You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service: (a) in any way that violates any applicable national or international law or regulation; (b) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise; (c) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (d) to impersonate or attempt to impersonate Arcade, an Arcade employee, another user, or any other person or entity; (e) in any way that infringes upon the rights of others, or in any way that is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity; (f) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm or offend Arcade or users of the Service or expose them to liability; (g) to access or use the Service in order to build a competitive product or service or to benchmark the Service against any other product or service; or (h) to reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code or underlying algorithms of the Service, except to the extent expressly permitted by applicable law.
Additionally, you agree not to: (a) use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of the Service, including their ability to engage in real-time activities through the Service; (b) use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service, except as expressly permitted in writing by Arcade or through the Service’s APIs; (c) use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent; (d) use any device, software, or routine that interferes with the proper working of the Service; (e) introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (f) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service; (g) attack the Service via a denial-of-service attack or a distributed denial-of-service attack; (h) take any action that may damage or falsify Arcade’s rating; (i) otherwise attempt to interfere with the proper working of the Service; (j) capture, record, or upload any screen content, audio, or page data that you do not have the right to capture and provide to Arcade, including the confidential information or personal data of any third party; (k) record audio in any manner that violates applicable wiretap, eavesdropping, or all-party consent laws; where you record audio, you are responsible for obtaining any consent required from the individuals recorded; (l) sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Service or any Arcade Materials; (m) remove or alter any proprietary notices, labels, or marks on the Service or Arcade Materials; (n) submit special categories of personal data (as defined under applicable laws including data protection laws and regulations), payment card data, government identifiers, or protected health information to the Service, as Content or Input Data, whether within a capture, an upload, a prompt, or otherwise; or (o) designate a website or other source for retrieval of materials or Captured Assets by the Service that you are not authorized to designate, or use any font software obtained through the Service in violation of the license that applies to it.
Analytics
We may use third-party service providers to monitor and analyze the use of our Service.
Data Protection
The parties’ respective obligations with respect to Personal Data are set out in the Data Processing Addendum at arcade.software/dpa, which is incorporated into these Terms. As between the parties, Customer is the controller — or processor, where Customer processes on behalf of another controller — of Personal Data contained in Content, and Arcade processes such Personal Data as a processor on Customer’s instructions. Arcade is an independent controller of Customer Account Data and Customer Usage Data as described in the Data Processing Addendum.
Customer is solely responsible for (a) the accuracy, quality, and legality of Content and the means by which it was obtained, (b) providing all notices and obtaining all consents, permissions, and rights required for Arcade to process Content as contemplated by the Agreements, and (c) determining whether Content is appropriate for the Service. Arcade does not automatically detect, mask, or remove personal information from recordings, screenshots, or page data. Customer is responsible for reviewing captures and, where necessary, redacting them using the editing tools Arcade provides.
Publishing. When you publish an Arcade, you make it available to Viewers on the terms and access controls you configure. You are responsible for (a) holding all rights necessary to publish the Content, (b) providing any notices and obtaining any consents required for the collection of Viewer information described in the Privacy Policy, including cookie and tracking technology consent where required by applicable law, and (c) the configuration of any analytics, CRM, or enrichment integrations you enable. Arcade processes Viewer information on your behalf as described in the Data Processing Addendum, except for the Viewer information that constitutes organisation-level enrichment data as described in the Privacy Policy, for which Arcade acts as an independent controller.
Security. Arcade maintains commercially reasonable administrative, technical, and physical safeguards designed to protect Content and Personal Data against unauthorized access, disclosure, alteration, or destruction. The specific security measures are described in the Data Processing Addendum. Notwithstanding the foregoing, no method of transmission over the Internet or method of electronic storage is completely secure, and Arcade cannot guarantee absolute security.
Accounts
When you create an account with us, you represent and warrant that you are above the age of 18 and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity, or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Intellectual Property
Arcade Materials are and will remain the exclusive property of Arcade and its licensors. The Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Arcade. During the applicable Subscription Term, Customer may use Arcade’s name, logo, and trademarks solely as necessary to identify Arcade as the provider of the Service, subject to any trademark usage guidelines Arcade may provide. Customer shall cease use of the Arcade name, logo and trademarks on request. Any goodwill arising out of the use of such Arcade name, logo or trademarks shall inure to Arcade’s benefit.
Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to [email protected], with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims.”
You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our designated agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail): (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest; (b) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; (c) identification of the URL or other specific location on the Service where the material that you claim is infringing is located; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. You can contact our designated agent via email at [email protected]. Arcade will terminate the accounts of repeat infringers in appropriate circumstances.
Error Reporting and Feedback
You may provide us directly at [email protected] with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire, or assert any intellectual property right or other right, title, or interest in or to the Feedback; (ii) Arcade may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Arcade is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of ownership of the Feedback is not possible due to applicable mandatory laws, you grant Arcade and its affiliates a non-exclusive, transferable, irrevocable, royalty-free, sublicensable, unlimited, and perpetual right to use (including copy, modify, create derivative works, publish, distribute, and commercialize) Feedback in any manner and for any purpose. Feedback does not include Content, Input Data, or Output, which are governed by the “Content” and “AI Features” sections of these Terms and by the AI Addendum.
Links To Other Web Sites
Our Service may contain links to third-party websites or services that are not owned or controlled by Arcade. Arcade has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites. YOU ACKNOWLEDGE AND AGREE THAT ARCADE SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS, OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD-PARTY WEBSITES OR SERVICES. WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD-PARTY WEBSITES OR SERVICES THAT YOU VISIT.
Confidentiality
“Confidential Information” means non-public information disclosed by one party (“Discloser”) to the other (“Recipient”) that is designated as confidential or that reasonably should be understood to be confidential given its nature and the circumstances of disclosure. Arcade Materials and non-public pricing, roadmap, and security information are Arcade’s Confidential Information.
Recipient will (a) use Confidential Information only as necessary to perform under the Agreements, (b) protect it using at least reasonable care, and (c) not disclose it except to its employees, affiliates, contractors, and professional advisors who need it and are bound by confidentiality obligations no less protective than these. Confidential Information excludes information that (i) is or becomes public without breach of these Terms, (ii) was known to Recipient without obligation of confidence prior to disclosure, (iii) is independently developed without use of Confidential Information, or (iv) is lawfully received from a third party without restriction.
Recipient may disclose Confidential Information to the extent required by law or valid legal process, provided that, unless legally prohibited, Recipient gives Discloser reasonable prior notice and cooperates with any effort to seek protective treatment. These confidentiality obligations continue for three (3) years after termination of the Agreements, and indefinitely with respect to trade secrets and Content.
Indemnification
Customer Indemnity. Customer will defend, indemnify, and hold harmless Arcade and its officers, directors, employees, and agents from and against any third-party claim, demand, suit, or proceeding, and any resulting damages, losses, and reasonable costs (including reasonable attorneys’ fees) arising from or relating to (a) Content, including, without limitation, any screen content, audio, or page data Customer captured without the necessary rights or consents or arising out of any website on which Customer displays the Arcades, (b) Customer’s use or distribution of Output in violation of applicable law or the AI Addendum, (c) Customer’s breach of the “Prohibited Uses” section of these Terms, (d) Customer’s violation of applicable law in connection with the Service, or (e) the combination of Content with any other data, content, or materials not provided by Arcade.
Arcade Indemnity. Arcade will defend, indemnify, and hold harmless Customer and its officers, directors, employees, and agents from and against any third-party claim, demand, suit, or proceeding, and any resulting damages, losses, and reasonable costs (including reasonable attorneys’ fees) arising from or relating to an allegation that the Service, as provided by Arcade and used in accordance with the Agreements, infringes a third party’s United States patent, copyright, or trademark rights, or misappropriates a third party's trade secret.
Exclusions. Arcade has no obligation under this section to the extent a claim arises from or relates to (a) Content, Input Data, or Output; (b) Beta Features; (c) modification of the Service by anyone other than Arcade; (d) combination or use of the Service with any data, content, software, or materials not provided by Arcade, where the claim would not have arisen but for that combination; (e) use of the Service in violation of the Agreements or applicable law; (f) Customer's continued use of an allegedly infringing version of the Service after Arcade has made a non-infringing version available; or (g) designs, specifications, or instructions provided by Customer. Claims arising out of any Customer indemnity above are likewise excluded.
Mitigation. If the Service becomes, or in Arcade's reasonable opinion is likely to become, the subject of a claim covered by this section, Arcade may at its option and expense (i) procure for Customer the right to continue using the Service, (ii) modify or replace the Service so that it is non-infringing while remaining materially equivalent in functionality, or (iii) if neither (i) nor (ii) is commercially reasonable, terminate the affected Subscription on written notice and refund any prepaid fees covering the terminated portion of the then-current Subscription Term.
Sole Remedy. This section states Arcade's entire liability, and Customer's sole and exclusive remedy, for any claim of intellectual property infringement or misappropriation arising out of or relating to the Service.
Procedure. The indemnified party will give the indemnifying party prompt written notice of the claim. Arcade will have sole control of the defense and settlement of any claim subject to this section, provided that Arcade will not enter into any settlement that imposes a monetary or non-monetary obligation on Customer, or that admits fault on Customer's behalf, without Customer's prior written consent, not to be unreasonably withheld, conditioned or delayed. Customer will provide reasonable cooperation at the indemnifying party's expense. Failure to give prompt notice relieves the indemnifying party of its obligations only to the extent it is materially prejudiced by such failure.
Disclaimer Of Warranty
THESE SERVICES ARE PROVIDED BY ARCADE ON AN “AS IS” AND “AS AVAILABLE” BASIS. ARCADE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK. NEITHER ARCADE NOR ANY PERSON ASSOCIATED WITH ARCADE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER ARCADE NOR ANYONE ASSOCIATED WITH ARCADE REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. ARCADE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation Of Liability
EXCEPT AS PROHIBITED BY LAW, ARCADE WILL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS OPPORTUNITIES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF ARCADE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EXCEPT AS PROHIBITED BY LAW, ARCADE’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE AGREEMENTS WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY CUSTOMER TO ARCADE FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. FOR FREE USERS, SITE VISITORS, AND VIEWERS, ARCADE’S TOTAL AGGREGATE LIABILITY WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
Suspension and Termination
Suspension. We may suspend your access to the Service immediately, without prior notice or liability, if (a) you breach any material provision of these Terms, including the “Prohibited Uses” section, (b) you fail to pay any fees when due, (c) your use creates a security, legal, or reputational risk to Arcade, the Service, its infrastructure, or its other customers, or (d) required by law or court order.
Termination. We may terminate your access to the Service (a) immediately, for material breach of these Terms that remains uncured for ten (10) days after written notice (or immediately for breaches that by their nature cannot be cured), non-payment that continues for thirty (30) days after written notice, or use that creates a material security, legal, or reputational risk to Arcade or its customers, or (b) for a paid Subscription, on thirty (30) days’ notice for convenience, in which case we will refund any prepaid fees covering the terminated portion of the then-current term. For Free Users, Site Visitors, and Viewers, we may suspend or terminate access at any time in our sole discretion without notice or refund. You may terminate a Subscription as described under the “Subscriptions” section.
Survival. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, the following sections: Content (license grants and ownership), Intellectual Property, Confidentiality, Indemnification, Disclaimer of Warranty, Limitation of Liability, Effect of Termination, Governing Law, and any other provisions that by their nature extend beyond termination, but excluding any licenses granted by Arcade.
Effect of Termination. Upon termination or expiration: (a) your right to access the Service ends immediately; (b) within thirty (30) days following termination, you may submit a written request that Arcade either provide an export of your Content or delete it, and Arcade will complete an export request within thirty (30) days of receipt and a deletion request within sixty (60) days of receipt; and (c) if you do not submit such a request, Arcade will delete Content from the Service in accordance with Section 2.4 of the Data Processing Addendum. Notwithstanding the foregoing, Arcade may retain Content (i) as required by applicable law or regulation, (ii) in automated backup, archival, and disaster-recovery systems until such backups are overwritten in the ordinary course, and (iii) in aggregated or de-identified form that cannot reasonably be used to identify you.
Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Each party irrevocably consents to the exclusive jurisdiction and venue of the state and federal courts located in Wilmington, Delaware for any dispute arising out of or relating to these Terms or the Service. EACH PARTY IRREVOCABLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE.
Class Action Waiver
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND ARCADE EACH AGREE THAT ANY CLAIM BROUGHT AGAINST THE OTHER MUST BE BROUGHT IN THAT PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. YOU AND ARCADE EACH WAIVE ANY RIGHT TO PARTICIPATE IN SUCH A PROCEEDING. No court or other adjudicator may consolidate or join the claims of more than one person without the written consent of all affected parties.
If this section is held unenforceable as to a particular claim or remedy, that claim or remedy will be severed and may proceed in accordance with the "Governing Law" section, and the remainder of this section will continue to apply to all other claims and remedies.
Changes To Service
We reserve the right to withdraw or amend our Service, and any service or material we provide via the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users. Notwithstanding the foregoing, we will not materially reduce the core functionality of a paid Subscription during a paid Subscription Term without providing at least thirty (30) days’ advance notice, and changes to AI Features are additionally subject to Sections 1.2 and 4.5 of the AI Addendum.
Amendments To Terms
We may amend these Terms from time to time by posting the amended Terms at arcade.software/terms-of-service and updating the “Last updated” date. For amendments that materially reduce Customer’s rights or materially increase Customer’s obligations, we will provide at least thirty (30) days’ advance notice by email to the account’s designated contact or through the Service before the amendment takes effect and any such amendment will not take effect until the start of the next Subscription Term/Billing Cycle. If you do not agree to such an amendment, your sole and exclusive remedy is to cancel your Subscription before it takes effect, either through your online account management page or by contacting Arcade at [email protected]. Your continued use of the Service following the effective date of revised Terms constitutes your acceptance of and agreement to be bound by the revised Terms. If you do not agree to the revised Terms, you are no longer authorized to use the Service.
Incorporated Terms; Order of Precedence; Entire Agreement
Incorporated Terms. The following documents are incorporated into and form part of these Terms by reference: (a) the Privacy Policy at arcade.software/privacy, (b) the Data Processing Addendum at arcade.software/dpa, and (c) the AI Addendum at arcade.software/ai-terms. Together with these Terms and any Order, these documents constitute the “Agreements.”
Order of Precedence. In the event of a conflict, and subject to the following paragraph, the order of precedence is: (1) the EU Standard Contractual Clauses or UK Addendum, where applicable; (2) any separately negotiated written agreement mutually executed by authorized representatives of Arcade and Customer, including any negotiated amendment to the Data Processing Addendum or the AI Addendum; (3) the Data Processing Addendum; (4) the AI Addendum, solely with respect to the processing of Input Data by AI Features and rights in Output; (5) these Terms; and (6) the Privacy Policy.
Each incorporated document governs its own subject matter, and the order of precedence above applies only to resolve a direct conflict between documents addressing the same subject. Nothing in a document ranked at (2) reduces the obligations required of Arcade under Data Protection Laws; to that extent, the Data Processing Addendum controls. An Order controls over these Terms solely with respect to the commercial terms it specifies, including the Service plan, fees, quantities, and Subscription Term. The Privacy Policy is incorporated for transparency purposes and does not create contractual obligations that vary the other Agreements.
Entire Agreement. The Agreements constitute the entire agreement between the parties regarding the Service and supersede all prior or contemporaneous agreements and understandings regarding the Service. These Terms do not supersede any separately negotiated written agreement mutually executed by Arcade and Customer; any conflict between such an agreement and these Terms is resolved in accordance with the "Order of Precedence" paragraph above.
Waiver And Severability
No waiver by Arcade of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Arcade to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by Arcade to be effective. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it enforceable (or, if such modification is not possible, eliminated), and the remaining provisions of these Terms will continue in full force and effect.
Miscellaneous
Assignment. Customer may not assign or transfer these Terms or any rights or obligations hereunder, in whole or in part, by operation of law or otherwise, without Arcade’s prior written consent. Any attempted assignment or transfer without such consent will be null and void. Arcade may freely assign these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Force Majeure. Neither party will be liable for any failure or delay in performing its obligations (other than payment obligations) where such failure or delay results from any cause beyond the reasonable control of that party, including but not limited to acts of God, natural disasters, terrorism, labor disputes, governmental actions, pandemic, epidemic, internet or telecommunications failures, or denial-of-service attacks. The affected party must give prompt notice to the other party and use reasonable efforts to mitigate the effect of the force majeure event.
Independent Contractors. The parties are independent contractors. Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between the parties. Neither party has any authority to bind the other or to incur any obligation on the other’s behalf.
Notices. Any notice required or permitted under these Terms must be in writing and will be deemed given (a) upon receipt if delivered personally, (b) upon receipt if sent by a nationally recognized overnight courier, (c) upon receipt if sent by certified or registered mail, return receipt requested, or (d) upon transmission if sent by email to the address associated with the recipient’s account (or, for notices to Arcade, to [email protected]). Notices to Arcade sent under (a), (b) or (c) must be addressed to Arcade Software, Inc., 445 Bush Street, Suite 400, San Francisco, CA 94108, Attn: Legal. Either party may change its notice address by providing written notice to the other party.
Export Compliance. The Service may be subject to export laws and regulations of the United States and other jurisdictions. Customer represents that it is not (a) located in a 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, or (b) listed on any U.S. Government list of prohibited or restricted parties. Customer will not export, re-export, or transfer the Service in violation of any applicable export control laws or regulations.
Acknowledgement
BY USING THE SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
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Please send your feedback, comments, and requests for technical support to: [email protected].
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