1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Ena Studio LLC-FZ, a company registered in the United Arab Emirates, operating under the brand name Arqé ("Arqé," "we," "us," or "our"), governing your access to and use of the arqe.ai website, the app.arqe.ai application, and all related tools and services (collectively, the "Service").

You accept these Terms when you create your Arqé account, before you select a plan. By creating an account, and thereafter by subscribing to a plan, uploading any file, or downloading any content from the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are entering into these Terms on behalf of a company, organisation, or other legal entity, you represent and warrant that you have the authority to bind that entity. If you do not agree to these Terms, you must not access or use the Service.

The Arqé License Agreement and Privacy Policy are incorporated into these Terms by reference.

1.1 Who You Are Contracting With

Your purchase is made from Polar, not from Arqé. Your licence to use the Service is granted by Arqé, not by Polar. There are two agreements, and they cover different things.

Polar Software, Inc. ("Polar") acts as merchant of record and authorised reseller for all sales of Arqé subscriptions. When you subscribe, you buy from Polar. The purchase itself, meaning the payment, the taxes, the invoice, the payment method, and the refund mechanics, is governed by Polar's own terms, which you accept at checkout:

• Polar Buyer Terms and Conditions
• Polar Privacy Policy

These Terms and the License Agreement are what Polar's buyer terms call the "Supplier Agreement." They govern your rights to access and use the Service and to use Arqé Content, and they form your agreement with Ena Studio LLC-FZ.

When you accept each. You accept these Terms and the License Agreement when you create your Arqé account, before you choose a plan. You accept Polar's terms when you pay. Both apply, to different things.

Where the two conflict: Polar's terms govern the transaction and the payment. These Terms govern the Service and the licence.

2. Description of Service

Arqé is a subscription creative suite. It combines curated visual assets with browser-based creative software, and it grows over time.

The Tools currently available or announced are:

• Stock. A curated library of AI-generated, art-directed still images, available for download.
• Singles. Pre-made motion scenes that you customise with your own media and export as rendered video.
• Mockups. Animated three-dimensional mockup scenes that you customise with your own content and export as rendered video.

This list is descriptive, not definitional. We add, rename, modify, and retire Tools, and we intend to release further tools for creatives over time. Nothing in these Terms obliges us to maintain any particular Tool indefinitely.

Which Tools are currently available, and which are included in your plan, is shown on the Service. These Terms do not represent that any particular Tool is available at any particular time.

Your rights in anything you obtain through the Service are determined by what kind of thing it is, as set out in the License Agreement, and not by the name of the Tool that produced it. The two categories are:

• Stock Images, which are delivered to you as files. Governed by Schedule 1 of the License Agreement.
• Templates, which are never delivered to you as files, but are executed within the Service as starting points that you customise with your own media, and from which the Service renders an Output. Governed by Schedule 2. Today these comprise Singles and Mockups. Any future Tool that works this way is governed by Schedule 2 automatically, whatever it is called.

Where we introduce a Tool that provides or produces material fitting neither category, we will publish a further Schedule at or before its release.

3. Definitions

The following definitions apply across these Terms, the Privacy Policy, the Copyright & DMCA Policy, and the License Agreement.

• "Tool" means an individual product, feature, or module within the Service.
• "Polar" means Polar Software, Inc., the merchant of record and authorised reseller for all Arqé subscriptions. See clause 1.1.
• "Arqé Content" means all material made available to you by Arqé through the Service, comprising Stock Images and Templates.
• "Stock Images" means the AI-generated, art-directed still images made available for download through the Service.
• "Templates" (also referred to as Scenes) means the pre-made compositions authored by Arqé that serve as starting points within the Service's creative software, including their source code, animation logic, timing, geometry, materials, shaders, structure, and design. Templates are features of the software, not assets: they are not delivered to you as files, and they cannot be exported from the Service. Templates currently comprise Singles and Mockups, and this definition extends to any future Template released by Arqé, under any Tool name.
• "Singles" means motion Templates.
• "Mockups" means three-dimensional motion Templates.
• "User Content" means any file, asset, image, video, audio, font, logotype, text, or other material that you upload, import, or otherwise provide to the Service.
• "Project" means a saved configuration within a Tool, combining a Template with your User Content and your customisation settings.
• "Output" means a file rendered by the Service from a Project, being a composite of a Template and your User Content.
• "End Product" means a final work created by you that incorporates Arqé Content or an Output as one element of a larger design, composition, or project.

4. Eligibility

You must be at least 18 years old, or the age of legal majority in your jurisdiction, to use the Service. By using the Service, you represent and warrant that you meet this requirement and that all registration information you submit is truthful and accurate.

5. Account Registration

To access the Service you must create an account.

5.1 One Account, One Person

A subscription is issued to a single individual and may be used only by that individual.

You may not share your credentials with, or provide account access to, any other person, including colleagues, employees, contractors, freelancers, or clients, whether inside or outside your organisation. You may not sell, rent, lend, publish, or pool access to your account.

Each individual who needs to work in the Service requires their own subscription.

You are responsible for maintaining the confidentiality of your credentials and must notify us immediately of any unauthorised use.

5.2 Responsibility for Account Activity

You are responsible for all activity conducted under your account, including all User Content uploaded and all Outputs rendered, whether by you or by any other person accessing your account, and whether or not you authorised that access. The warranties in clause 8.3 apply to everything uploaded under your account regardless of who uploaded it.

5.3 Detection

We monitor account usage, including concurrent sessions, session origin, and rendering volume, in order to detect account sharing and other breaches of these Terms. Where we identify indicators of shared use, we may require verification, restrict access, or suspend or terminate the account.

5.4 Team Access

We do not currently offer team or multi-seat plans. Organisations requiring access for multiple individuals must purchase a subscription for each individual. If you need access for a team, contact hello@arqe.ai.

5.5 Suspension

We reserve the right to suspend or terminate any account that we reasonably believe has been compromised or is being used in violation of these Terms.

6. Subscriptions and Payment

6.1 Subscription Plans

Arqé offers monthly and annual subscription plans. Plan details, included Tools, and pricing are displayed on the Service, and the final amount payable, including any tax, is confirmed at checkout. Access to Arqé Content and to the Tools is governed by the License Agreement.

6.2 Billing and the Merchant of Record

Arqé does not process your payment and does not hold your payment details.

Polar is the merchant of record and the seller of record for your subscription. Polar collects the payment, issues the invoice or receipt, and appears as the merchant on your card or bank statement. Payment is taken by Polar's payment processor under Polar's Buyer Terms, not ours.

Subscription fees are billed in advance on a recurring basis. By subscribing, you authorise Polar to charge your designated payment method for the applicable fees and taxes.

6.3 Taxes

Any VAT, GST, sales tax, or equivalent is determined by the billing address you give at checkout and is collected and remitted by Polar as merchant of record. Prices displayed on the Service may be shown exclusive of such taxes; the total payable is shown at checkout.

6.4 Automatic Renewal and Cancellation

Subscriptions renew automatically at the end of each billing period unless you cancel before the renewal date. The renewal terms are presented to you at checkout by Polar.

You may cancel at any time, through your Arqé account settings or through the Polar customer portal. Cancellation takes effect at the end of the current billing period. You retain access until that period expires.

6.5 Refunds

Refund requests are handled by us. We decide them, and the refund is issued through Polar as merchant of record.

Subscription fees are generally non-refundable. If you experience a material issue with the Service that we are unable to resolve, contact us within 14 days of the billing date in question and we will consider a refund.

Refunds remain subject to Polar's Buyer Terms and to any refund rights you have under the consumer law of your own country. Nothing in these Terms limits or removes a refund right that applicable law gives you and does not permit you to waive.

To request a refund, contact hello@arqe.ai.

6.6 Chargebacks

If you dispute a charge with your bank or card issuer rather than contacting us or Polar first, we may suspend or terminate your account and your access to the Service pending resolution. We would much rather resolve the issue directly. Contact hello@arqe.ai.

6.7 Price Changes

We may change the prices we list for new subscriptions at any time and without notice. A change to our list prices does not automatically change the price of an existing subscription.

We will not increase the price of your existing subscription without at least 30 days' written notice. Any such increase takes effect at the start of your next billing period following that notice, and you may cancel at any time before it does. Continuing to use the Service after the increase takes effect constitutes acceptance of the new price.

We may reduce the price of your subscription at any time, with or without notice.

6.8 Unlimited Use and Fair Use

Where a plan is described as offering unlimited downloads, unlimited renders, or unlimited use, this means that Arqé does not impose a fixed numerical cap on ordinary use. It does not mean that the Service infrastructure is unmetered, nor that any volume or pattern of use is permitted regardless of its nature.

This clause applies in addition to, and independently of, the single-user requirement in clause 5.1.

Cloud rendering consumes finite computational resources. We reserve the right to queue, rate-limit, throttle, or temporarily suspend rendering or download access for any account whose usage:

• is materially disproportionate to normal use by a single individual;
• is automated, scripted, or generated other than through the Service's intended interface;
• indicates that the account is being shared, sold, rented, lent, or pooled, contrary to clause 5.1; or
• is being used to operate the account as a rendering bureau, meaning offering rendering or export as a service to others who supply the content and direction, as distinct from producing work for clients as part of your own creative practice.

Where practical, we will contact you before taking any such action and work with you to arrange suitable terms.

7. License to Arqé Content

Your rights to use Arqé Content, including Stock Images, Templates, and Outputs, are set out in the Arqé License Agreement, which is incorporated into these Terms by reference. In the event of conflict between these Terms and the License Agreement on the subject of content usage rights, the License Agreement prevails.

8. User Content

8.1 Ownership

You retain all ownership rights in your User Content. Nothing in these Terms transfers ownership of your User Content to Arqé.

8.2 Limited License to Arqé

You grant Arqé a limited, non-exclusive, worldwide, royalty-free license to host, store, cache, reproduce, transcode, encode, resize, and otherwise process your User Content solely to the extent necessary to operate the Service for you. This includes displaying your assets within the editor, combining them with Templates, rendering Outputs, and delivering those Outputs to you.

This license exists only for the purpose of providing the Service to you. It terminates when you delete the relevant User Content or your account, subject to the retention periods described in the Privacy Policy. It grants Arqé no right to use, publish, display, distribute, sell, sublicense, or otherwise exploit your User Content for any other purpose, including marketing, promotion, or the training of any machine learning model.

8.3 Your Warranties

You represent and warrant that, for all User Content uploaded under your account, whether by you or by any other person accessing it:

• you own it, or you hold all rights, licenses, and permissions necessary to upload it to the Service and to have it processed as described in these Terms;
• its use within the Service does not and will not infringe the intellectual property, privacy, publicity, moral, or other rights of any third party;
• where it contains personal data, including photographs, video, or audio of identifiable individuals, you have obtained all necessary consents and releases required for that data to be uploaded to and processed by the Service, and you act as the data controller in respect of that data; and
• it complies with all applicable laws and with clause 8.4 below.

8.4 Prohibited User Content

You may not upload User Content that:

• infringes any third party's intellectual property or other rights;
• is unlawful, defamatory, obscene, pornographic, or depicts minors in a sexualised manner;
• depicts, promotes, or facilitates violence, harassment, hatred, or discrimination;
• contains malware, malicious code, or anything designed to disrupt or compromise the Service;
• contains sensitive personal data for which you have not obtained the required consents; or
• you are otherwise not permitted to upload under applicable law.

8.5 Removal

We do not routinely monitor User Content. We reserve the right, but assume no obligation, to remove or disable access to any User Content that we reasonably believe violates these Terms, and to suspend or terminate the account responsible. Where we do so we will make reasonable efforts to notify you.

8.6 Storage and Backups

We provide storage of User Content, Projects, and Outputs as a convenience, not as a backup or archival service. Retention periods are set out in the Privacy Policy. You are responsible for maintaining your own copies of any User Content and any Output you need to retain. We do not guarantee retention of any file beyond the periods described, and we are not liable for the loss of any file.

8.7 No Public Display Without Consent

Your User Content, Projects, and Outputs are private by default. We will not publish, display, feature, or otherwise use your User Content, Projects, or Outputs for marketing, promotional, showcase, or any other public purpose without your prior express consent, given separately from your acceptance of these Terms.

9. Outputs

An Output is a composite work containing both your User Content and the expression produced by an Arqé Template. Ownership of, and your rights in, Outputs are governed by Part B of the License Agreement.

In summary: you retain all rights you held in your User Content, Arqé retains all rights in the Template, and you receive a perpetual license to use and commercially exploit the Output as a whole, including after your subscription ends. You may not extract, isolate, or reconstruct a Template from an Output.

10. No AI Training on Your Content

Arqé does not use your User Content, Projects, or Outputs to train, fine-tune, develop, or improve any machine learning model, artificial intelligence system, or similar technology, and we do not permit our service providers to do so.

11. Prohibited Uses of the Service

In addition to the restrictions in the License Agreement, you agree not to:

• redistribute, resell, sublicense, or make available any Arqé Content as a standalone file, whether modified or unmodified, including through any stock media platform, template marketplace, or file-sharing service;
• extract, copy, decompile, disassemble, reverse-engineer, or otherwise attempt to derive the source code, structure, animation logic, geometry, or underlying composition of any Template;
• systematically extract, harvest, index, catalogue, or compile the Arqé Template library, or any substantial part of it, whether manually or by automated means;
• use any Arqé Content, including Stock Images, Templates, and Outputs, to train, develop, fine-tune, or improve any machine learning model, artificial intelligence system, or similar technology, except with our prior written consent;
• circumvent, disable, or otherwise interfere with any security, access control, rate-limiting, usage-tracking, or content-protection feature of the Service;
• use any automated system, including bots, scrapers, crawlers, or scripted clients, to access, download from, render through, or otherwise interact with the Service beyond its intended functionality;
• share your account credentials, or provide account access to any person other than the individual to whom the subscription is issued, including colleagues, employees, contractors, freelancers, and clients;
• sell, rent, lend, publish, or pool access to your account;
• operate your account as a rendering bureau, meaning offering rendering or export as a service to others who supply the content and direction, as distinct from producing work for clients as part of your own creative practice;
• misrepresent yourself, your affiliations, or the nature of your use of the Service; or
• use the Service for any purpose that is unlawful, defamatory, obscene, or otherwise objectionable.

12. Intellectual Property

All Arqé Content, software, code, design elements, trademarks, and other materials available through the Service are owned by or licensed to Arqé and are protected by applicable intellectual property laws.

The Templates are proprietary software authored by Arqé. Portions of Template code may be transmitted to your browser in order for the editor to function. Such transmission is a technical requirement of operating the Service and grants you no license to that code beyond executing it within the Service for the purpose of creating your Projects and Outputs.

Technical accessibility is not a license. The fact that Template code, structure, timing, or assets may be technically reachable, whether through browser developer tools, inspection of network traffic, or any other means, does not make their extraction, copying, retention, reconstruction, or reuse permitted. Your rights are defined by this Agreement, not by what your browser can be made to reveal.

Except for the license rights expressly granted in the License Agreement, no right, title, or interest in the Service or in Arqé Content is transferred to you. The Arqé name, logo, and all related marks are trademarks of Arqé and may not be used without our prior written permission.

13. Nature of Arqé Content

13.1 Stock Images

Stock Images are generated using artificial intelligence tools and processes. While each image is art-directed and curated by our team, the underlying generation involves AI models. We make no representation that Stock Images depict real people, places, products, or events. Any resemblance to actual persons, living or dead, or to actual events, is coincidental.

You acknowledge that the legal landscape around AI-generated content is evolving. We monitor developments in copyright, intellectual property, and AI regulation and may update these Terms or the License Agreement accordingly. We make commercially reasonable efforts to ensure that Stock Images do not infringe existing rights, but we do not guarantee that they are free from all potential claims.

13.2 Templates

Templates are original works authored by Arqé. They are written as software and are protected by copyright as both software and audiovisual works. Arqé asserts full ownership of all rights in the Templates. The disclaimers in clause 13.1 concerning AI-generated content do not apply to Templates.

14. Service Availability and Changes

We may modify, suspend, or discontinue any part of the Service, including any Tool, at any time. Tools identified as beta, preview, early access, or "soon" are provided without warranty of any kind and may change or be withdrawn without notice.

We do not warrant that the Service will be available without interruption. Rendering is subject to queueing, capacity limits, and processing times that may vary.

Where we discontinue a Tool that is material to your subscription, we will provide reasonable notice and, where appropriate, will arrange a pro-rata refund for the unused portion of your billing period. As Arqé is not the merchant of record, any such refund is issued through Polar. See clause 6.5.

15. User Conduct

You agree to use the Service in compliance with all applicable laws and regulations. You are solely responsible for ensuring that your use of Arqé Content, and of any Output, complies with the laws of your jurisdiction, including any industry-specific regulations applicable to your use case.

16. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice, if we reasonably believe that you have violated these Terms.

Upon termination, your right to access the Service, download new Arqé Content, and render new Outputs ceases immediately. Arqé Content validly downloaded, and Outputs validly rendered, prior to termination may continue to be used in accordance with the License Agreement, subject to the restrictions therein and except where termination is for breach of the License Agreement.

Retention and deletion of your User Content, Projects, and Outputs following termination are described in the Privacy Policy.

17. Disclaimers

The Service, all Arqé Content, and all Outputs are provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory. To the fullest extent permitted by law, Arqé disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure, that any defects will be corrected, that any render will complete or complete within any particular time, or that any file will be retained. We do not warrant that Arqé Content is free from claims of third-party intellectual property infringement.

18. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Arqé, its officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, files, projects, outputs, profits, or business, arising out of or related to your use of the Service, Arqé Content, or any Output, regardless of the theory of liability.

Our total aggregate liability for all claims arising out of or related to these Terms or the Service shall not exceed the total amount you paid to Arqé in the twelve (12) months preceding the event giving rise to the claim.

19. Indemnification

You agree to indemnify, defend, and hold harmless Arqé and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Service, Arqé Content, or any Output; (b) your User Content, including any claim that it infringes a third party's rights or that you lacked the necessary consents to upload it; (c) your violation of these Terms or the License Agreement; (d) your violation of any third-party right; or (e) any claim that your use of Arqé Content or an Output caused damage to a third party.

20. Modifications to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by posting the updated Terms on the Service, updating the effective date, and, where you have an active account, by email. Your continued use of the Service after the effective date of any modification constitutes acceptance of the revised Terms.

21. Governing Law and Dispute Resolution

21.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the United Arab Emirates, without regard to conflict of law principles.

21.2 Arbitration

Subject to clauses 21.3 and 21.4, any dispute arising out of or relating to these Terms shall be finally resolved by arbitration administered by the Dubai International Arbitration Centre (DIAC) in accordance with its Arbitration Rules.

• Seat: the Dubai International Financial Centre (DIFC).
• Language: English.
• Tribunal: a sole arbitrator.

21.3 Injunctive Relief

Nothing in this clause prevents either party from applying to any court of competent jurisdiction for urgent interim, preliminary, or injunctive relief to prevent the actual or threatened infringement, misappropriation, extraction, or unauthorised use of its intellectual property or confidential information. Applying for such relief is not a waiver of the agreement to arbitrate and does not affect any other remedy.

21.4 Your Consumer Rights

If you are a consumer, nothing in this clause removes or limits any right you have under the mandatory consumer law of your country of residence, including any right to bring proceedings in the courts of that country or to rely on the mandatory protections of its law.

21.5 Scope

This clause governs your licence and your use of the Service. It does not govern your purchase transaction, which is a contract with Polar and is subject to Polar's own governing law and dispute terms. See clause 1.1.

22. General Provisions

If any provision of these Terms is found to be unenforceable, the remaining provisions continue in full force and effect. Our failure to enforce any provision does not constitute a waiver of that provision. These Terms, together with the License Agreement and Privacy Policy, constitute the entire agreement between you and us regarding the Service. You may not assign these Terms without our prior written consent.

23. Contact

Questions about these Terms: hello@arqe.ai

1. Introduction

Ena Studio LLC-FZ, operating under the brand name Arqé ("we," "us," or "our"), operates the arqe.ai website and the app.arqe.ai platform (the "Service"). This Privacy Policy explains how we collect, use, disclose, and protect personal information when you visit our website, create an account, subscribe, upload files, or otherwise interact with us.

Capitalised terms used here have the meanings given in the Terms of Service.

2. Who Controls What

Three parties handle data here, in three different capacities. Which one applies determines whose policy governs, so it is worth being precise.

Arqé as data controller. We determine how and why data is processed for your account data, your usage data, and technical data such as logs and render telemetry. This Policy describes that processing.

Arqé as data processor. We process data on your behalf and on your instructions where it sits inside your User Content, for example if you upload photographs or video of identifiable individuals. You are the controller of that data. You are responsible for having a lawful basis for it and for obtaining any necessary consents, as set out in clause 8.3 of the Terms of Service. We process it only to provide the Service to you, and never for our own purposes.

Polar as an independent controller. Polar Software, Inc. is the merchant of record for your subscription. It is not our processor and does not act on our instructions. It collects your payment, billing, and tax data at checkout as the seller, in its own right, and that data is governed by Polar's Privacy Policy, not by this one. We never see your payment card details. See clause 1.1 of the Terms of Service.

If you require a Data Processing Agreement, contact hello@arqe.ai.

3. Information We Collect

3.1 Information You Provide

When you create an account or contact us, we may collect your name, email address, and any other information you provide through forms, surveys, or correspondence.

We do not collect or hold your payment details. Subscriptions are sold by Polar Software, Inc. ("Polar") as merchant of record. Your card details, billing address, and tax information are collected by Polar at checkout, under Polar's Privacy Policy. Arqé receives from Polar only what it needs to provision and support your account: typically your name, email address, country, subscription plan, and subscription status.

3.2 User Content and Project Data

When you use our creative Tools, we receive and store:

• the files you upload (images, video, audio, fonts, logotypes, and other assets);
• your Projects, meaning the configuration of Templates, settings, text, and assets you have assembled;
• the Outputs rendered from your Projects; and
• technical metadata associated with these files, such as file size, format, dimensions, and duration.

We process these solely to operate the Tools for you: to display your assets in the editor, to render your Outputs, and to deliver those Outputs to you.

3.3 Information Collected Automatically

When you access the Service we automatically collect certain technical and usage data, including:

• IP address
• Browser type and version
• Device type and operating system
• Pages visited and features used
• Download history (images downloaded, timestamps)
• Render history (renders initiated, duration, resource consumption, outcome)
• Referring URLs
• Session duration

Render telemetry is used to operate and provision our rendering infrastructure, to diagnose failed renders, and to enforce the fair-use provisions of the Terms of Service.

3.4 Cookies and Tracking Technologies

We use cookies, pixel tags, and similar technologies to operate and improve the Service. These help us remember your preferences, understand how you use the Service, and deliver relevant experiences. You can manage cookie preferences through your browser settings. Some cookies are essential for the Service to function; disabling them may affect your experience.

Referral and affiliate attribution. If you arrive at the Service through a referral or affiliate link, we set a first-party cookie containing an anonymous referral identifier (no name, email, or other personal information). This cookie lasts up to 90 days and is used solely to credit the partner who referred you if you sign up or subscribe. This attribution is provided through our analytics partner, Dub. It is a non-essential cookie, and disabling it does not affect your use of the Service.

4. How We Use Your Information

We use the information we collect to:

• provide, operate, and maintain the Service, including rendering your Outputs;
• manage your subscription and entitlements, using the plan and status information Polar passes to us (Polar, not Arqé, processes the payment itself);
• manage your account and communicate with you about your subscription;
• provision, scale, and troubleshoot our rendering and storage infrastructure;
• monitor and enforce compliance with our Terms of Service and License Agreement, including fair-use limits;
• analyse usage patterns and improve the Service;
• detect and prevent fraud, abuse, or unauthorised access;
• comply with legal obligations; and
• send you updates, newsletters, or marketing communications where you have opted in.

5. We Do Not Train AI Models On Your Data

We do not use your User Content, Projects, or Outputs to train, fine-tune, develop, or improve any machine learning model, artificial intelligence system, or similar technology. We do not sell, license, or otherwise make your User Content available to any third party for that purpose, and our service providers are contractually prohibited from doing so.

6. We Do Not Publish Your Work

Your User Content, Projects, and Outputs are private by default. We will not publish, display, feature, or otherwise make them public, including in any showcase, gallery, case study, or marketing material, without your prior express consent, requested and given separately.

7. Legal Basis for Processing (EEA and UK Users)

If you are located in the European Economic Area or the United Kingdom, our legal basis for processing your personal data includes:

• Performance of a contract: to provide the Service you have subscribed to, including hosting your files and rendering your Outputs.
• Legitimate interests: to improve the Service, provision infrastructure, prevent fraud and abuse, and ensure security.
• Consent: for marketing communications and non-essential cookies.
• Legal obligation: to comply with applicable laws, including financial recordkeeping requirements.

8. How We Share Your Information

We do not sell your personal information. We share data with the following categories of service provider, each of whom is contractually obligated to protect it and to use it only for the purposes for which it was shared:

• Polar, our merchant of record. Polar is not a service provider acting on our instructions. Polar is the seller of your subscription and an independent data controller in respect of the payment, billing, and tax data it collects from you at checkout. That data is governed by Polar's Privacy Policy, not by this one. We do not receive, store, or have access to your payment card details.
• Hosting, storage, and content delivery providers, who store and serve the Service, your User Content, and your Outputs on our behalf.
• Rendering and compute providers, who execute render jobs on our behalf.
• Email and communications providers, who deliver transactional and, where you have opted in, marketing email.
• Analytics providers, who help us understand usage patterns and improve the Service.
• Legal and regulatory authorities, when required by law, court order, or governmental request, or where we believe disclosure is necessary to protect our rights, your safety, or the safety of others.
• Business transfers. In connection with a merger, acquisition, or sale of assets, your information may be transferred to the acquiring entity.

A current list of our sub-processors is available on request from hello@arqe.ai.

9. Data Retention

We retain data for the periods set out below. Where a period is expressed as a maximum, we may delete the data sooner.

Aggregated or anonymised data that cannot identify you may be retained indefinitely for analytics and service improvement.

We provide storage as a convenience, not as a backup or archival service. We do not guarantee retention of any file beyond these periods.

10. Your Rights

Depending on your location, you may have the following rights regarding your personal data:

• Access: request a copy of the personal data we hold about you.
• Correction: request correction of inaccurate or incomplete data.
• Deletion: request deletion, subject to legal retention requirements.
• Data portability: request a copy in a structured, machine-readable format.
• Objection: object to certain processing activities, including direct marketing.
• Withdrawal of consent: withdraw consent at any time, without affecting the lawfulness of prior processing.

You can delete your User Content and Projects at any time from within your account. To exercise any other right, contact hello@arqe.ai. We will respond within 30 days.

11. Security

We implement industry-standard technical and organisational measures to protect personal data against unauthorised access, alteration, disclosure, or destruction. These include encryption of data in transit and at rest, access controls, and regular security assessments. However, no method of transmission over the internet and no method of electronic storage is completely secure, and we cannot guarantee absolute security.

12. International Data Transfers

Your information, including your User Content, may be transferred to and processed in countries other than the country in which you reside. Rendering and storage may occur in multiple regions. These countries may have data protection laws that differ from those of your country. When we transfer data internationally we implement appropriate safeguards, such as standard contractual clauses approved by relevant data protection authorities, to ensure an adequate level of protection.

13. Children's Privacy

The Service is not directed to individuals under the age of 18. We do not knowingly collect personal information from children. If we become aware that we have collected personal data from a child without parental consent, we will take steps to delete it promptly. If you believe a child has provided us with personal information, contact hello@arqe.ai.

14. Third-Party Links

The Service may contain links to third-party websites or services. We are not responsible for the privacy practices or content of those third parties. We encourage you to review the privacy policies of any third-party service you access through the Service.

15. Changes to This Policy

We may update this Privacy Policy from time to time. If we make material changes, we will notify you by updating the effective date at the top of this page and, where appropriate, by email or by notice on the Service. We encourage you to review this policy periodically.

16. Contact

Questions, concerns, or requests regarding this Privacy Policy or our data practices: hello@arqe.ai

1. Overview

Arqé ("we," "us," or "our") respects the intellectual property rights of others and expects users of the Service to do the same. This Policy describes how we address claims of copyright infringement in connection with the arqe.ai platform.

Capitalised terms used here have the meanings given in the Terms of Service.

2. Scope

This Policy covers two distinct categories of material, which have different copyright positions and different takedown paths:

• Arqé Content: the Stock Images and Templates that we make available to you. See clauses 3 and 5.
• User Content and Outputs: the files that users upload, and the Outputs rendered from them. See clauses 4 and 6.

3. Copyright in Arqé Content

3.1 Stock Images

Stock Images are created using AI generation tools and are art-directed and curated by our team. The legal status of copyright in AI-generated works varies by jurisdiction and is subject to ongoing legal development. We do not make affirmative claims of copyright ownership over individual AI-generated images where applicable law may not recognise such rights.

We do assert rights in our curation, selection, and presentation of Stock Images as a compilation, and in the art direction, prompts, and creative processes involved in producing them.

We make commercially reasonable efforts to ensure that Stock Images do not reproduce or substantially copy existing copyrighted works. However, given the nature of AI generation, we acknowledge that unintended similarities may occasionally occur.

3.2 Templates

Templates are original works authored by Arqé. They are written as software and are protected by copyright as both software and audiovisual works.

The limitations in clause 3.1 of this Policy do not apply to Templates. Arqé asserts full copyright ownership of all Templates, including their source code, animation logic, timing, geometry, materials, shaders, structure, and design. We will enforce those rights.

Portions of Template code are necessarily transmitted to a user's browser in order for the editor to function. This transmission grants no rights in that code. Extracting, decompiling, reverse-engineering, reconstructing, or reusing a Template outside the Service is a violation of our copyright and of the License Agreement, and we will treat it as such.

4. Copyright in User Content and Outputs

Users retain ownership of the User Content they upload. Users own the Outputs they render, subject to Arqé's retained rights in the Templates, as set out in Part B of the License Agreement.

Users are solely responsible for ensuring that their User Content does not infringe the rights of any third party, and they warrant as much under clause 8.3 of the Terms of Service. User Content and Outputs are stored privately and are not published by Arqé.

5. Reporting Infringement in Arqé Content

If you believe that any Arqé Content infringes your copyright, you may submit a notification in accordance with the Digital Millennium Copyright Act (DMCA) or applicable local law. Your notification must include:

• A physical or electronic signature of the copyright owner or a person authorised to act on their behalf.
• Identification of the copyrighted work claimed to have been infringed.
• Identification of the material claimed to be infringing, with sufficient information to allow us to locate it on the Service.
• Your contact information, including name, address, telephone number, and email address.
• A statement that you have a good faith belief that the use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law.
• A statement, made under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or are authorised to act on the copyright owner's behalf.

6. Reporting Infringement in User Content

User Content and Outputs are private and are not published by Arqé. However, if you believe that a user has uploaded material that infringes your copyright and is processing it through the Service, you may notify us using the same procedure set out in clause 5, providing whatever identifying information you have (for example, the account, the file, or the context in which you encountered it).

Because User Content is not publicly listed, please include as much detail as possible about how you identified the material. We will investigate valid notices, and where we determine that infringing material is present we will remove or disable access to it and act against the account under clause 9.

7. Designated Contact

Copyright notifications should be sent to:

hello@arqe.ai
Subject line: DMCA Takedown Notice

We will acknowledge receipt within five (5) business days and will review and respond to valid notices in accordance with applicable law.

8. Our Response to Valid Notices

Upon receipt of a valid DMCA notification, or an equivalent notice under applicable law, we will:

• promptly remove or disable access to the material identified in the notice;
• notify the affected user or content creator, where applicable, that the material has been removed or disabled; and
• provide information about how to submit a counter-notification if the affected party believes the removal was made in error.

9. Counter-Notification

If you believe that material was removed or disabled as a result of a mistake or misidentification, you may submit a written counter-notification. It must include:

• Your physical or electronic signature.
• Identification of the material that has been removed or to which access has been disabled, and the location at which it appeared before removal.
• A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
• Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or, if your address is outside the United States, any judicial district in which we may be found), and that you will accept service of process from the person who provided the original notification or an agent of such person.

Upon receipt of a valid counter-notification we will forward a copy to the original complaining party. If the original complaining party does not file a court action seeking to restrain the allegedly infringing activity within ten (10) to fourteen (14) business days, we may restore the removed material or cease disabling access to it.

10. Repeat Infringer Policy

We maintain a policy of terminating, in appropriate circumstances, the accounts of users determined to be repeat infringers. This applies to users who repeatedly upload infringing User Content, and to users who infringe Arqé's rights in the Templates. We reserve the right to terminate any account at our sole discretion where we determine that the account holder has engaged in repeated infringing activity.

11. Misrepresentation Warning

Under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be liable for damages, including costs and legal fees incurred by us, by any copyright owner, or by any copyright owner's licensee injured by such misrepresentation. Please consider the consequences before submitting a claim.

12. Contact

All copyright-related inquiries: hello@arqe.ai

This Agreement governs your use of all material obtained through the Arqé Service.

• Part A sets out the general terms, which apply to everything.
• Schedule 1 applies to Stock Images.
• Schedule 2 applies to all motion Templates, meaning both Singles and Mockups.
• Schedule 3 adds the further restrictions that apply to Mockups because they are three-dimensional. It is read together with Schedule 2, not instead of it.
• Part B applies to your own uploaded content and to the Outputs you render.

Where a Schedule conflicts with Part A, the Schedule prevails for the asset type it governs.

Part A — General Terms

A1. Definitions

The definitions in clause 3 of the Terms of Service apply to this Agreement. In addition:

• "Licensee" or "you" means the individual or entity holding a valid Arqé subscription.
• "Licensor" or "Arqé" means Ena Studio LLC-FZ, trading as Arqé.

A2. Grant of License

Subject to this Agreement and to a valid, active subscription, Arqé grants you a non-exclusive, worldwide, perpetual, royalty-free license to use Arqé Content and Outputs as set out in the applicable Schedule, for both personal and commercial purposes.

The license is granted in respect of Arqé Content downloaded, and Outputs rendered, during a valid subscription period.

Which Schedule applies is determined by what the material is, not by the name of the Tool that produced it. Material delivered to you as a file from the Arqé library is governed by Schedule 1. Material you create by customising an Arqé Template and rendering an Output is governed by Schedule 2, regardless of which Tool the Template belongs to. Where Arqé releases material fitting neither category, we will publish a further Schedule at or before its release; until we do, such material is licensed on the terms of this Part A alone.

A3. Scope of the License

The license is personal to the Licensee. One subscription, one individual.

It does not extend to any other person, including your colleagues, employees, contractors, freelancers, or clients. Each individual who needs to work in the Service requires their own subscription. Account credentials may not be shared, sold, rented, lent, published, or pooled. See clause 5 of the Terms of Service.

Where a subscription is purchased by an organisation, it is issued for use by one named individual within that organisation.

This is a license to use the Service. It is not a sale, and it conveys no ownership of any software, Template, or other Arqé property.

Delivering a finished Output to a client is permitted, and is dealt with in Schedule 2, clause S2.7. Your client does not need a subscription in order to use an Output you made for them.

A4. General Permitted Uses

Subject to the applicable Schedule, Arqé Content and Outputs may be used in:

• websites, web applications, and digital platforms;
• social media posts, stories, advertisements, and campaigns;
• marketing materials, brochures, presentations, and pitch decks;
• print materials, including magazines, packaging, and editorial publications;
• video and multimedia productions;
• client work and agency deliverables, where the material is incorporated into a final design or delivered as a finished Output;
• educational and non-commercial projects; and
• mobile applications and software interfaces.

A5. General Prohibited Uses

The following restrictions apply to all Arqé Content and, where indicated, to Outputs.

A5.1 Redistribution. You may not redistribute, resell, sublicense, lease, or otherwise make available any Arqé Content as a standalone file or as part of a collection. This includes uploading to any stock media platform, template marketplace, design asset library, or file-sharing service.

A5.2 AI and ML training. You may not use any Arqé Content or Output to train, develop, fine-tune, or improve any machine learning model, neural network, AI system, or similar technology, without our prior written consent.

A5.3 Trademark and logo use. You may not use Arqé Content as the primary or distinctive element of a trademark, service mark, or logo, unless substantially modified so as to be unrecognisable.

A5.4 Defamatory, unlawful, or harmful use. You may not use Arqé Content or any Output in any manner that is defamatory, libellous, pornographic, obscene, or otherwise unlawful, or in any way that could harm, harass, or injure any individual or group.

A5.5 Sensitive use without context. You may not use Arqé Content in connection with sensitive topics, including political campaigns, pharmaceutical advertising, tobacco or alcohol promotion, gambling, and adult entertainment, in a manner that could mislead viewers.

A5.6 Competing products. You may not use Arqé Content, or any Output, to build, populate, or promote a product or service that competes with the Service, including any stock library, template marketplace, or animation tool.

A6. Attribution

Attribution is not required. We appreciate credit where practical (for example, "Image: Arqé" or "arqe.ai"). Attribution neither expands nor limits the rights granted.

A7. Ownership

This Agreement does not transfer ownership of anything. Arqé retains all rights, title, and interest in Arqé Content, including all Templates. You retain full ownership of any End Product you create, and of your User Content, in each case as an original work incorporating Arqé Content as one element.

A8. License Duration and Survival

The license to use Arqé Content downloaded, and Outputs rendered, during a valid subscription period is perpetual and survives expiry or cancellation of that subscription.

Material validly downloaded or rendered, and incorporated into End Products before the subscription ended, may continue to be used indefinitely.

You may not download new Arqé Content, or render new Outputs, after your subscription expires or is terminated.

A9. Warranty Disclaimer

Arqé Content and Outputs are provided "as is" without warranties. Arqé does not warrant that they are free from defects, errors, or third-party claims, nor that they are suitable for any particular purpose, nor that they are non-infringing.

In the case of Stock Images, given the nature of AI generation, unintended similarities to existing works may occur. We make commercially reasonable efforts to minimise such occurrences but do not guarantee their absence.

A10. Indemnification

You agree to indemnify and hold harmless Arqé and its affiliates from any claim arising from your use of Arqé Content or an Output in violation of this Agreement, and from any claim arising from your User Content.

A11. Limitation of Liability

To the maximum extent permitted by law, Arqé's total liability for any claim arising from the use of Arqé Content or any Output shall not exceed the total subscription fees paid by the Licensee in the twelve (12) months preceding the event giving rise to the claim.

A12. Termination of License

Arqé may terminate this license if you violate any provision of this Agreement. On termination for cause, you must cease all use of Arqé Content and Outputs and destroy all copies.

If a specific Stock Image is removed from the Service following a copyright claim, we may notify you and request that you discontinue its use, making reasonable efforts to provide a replacement.

A13. Governing Law

This Agreement is governed by the laws of the United Arab Emirates. Disputes are subject to the jurisdiction set out in the Arqé Terms of Service.

Schedule 1 — Stock Images

S1.1 Nature

Stock Images are AI-generated still images, art-directed and curated by Arqé. They are delivered to you as downloadable files.

S1.2 Permitted Uses

The general permitted uses in A4 apply, provided the Stock Image is incorporated into an End Product.

S1.3 Additional Restrictions

In addition to A5:

S1.3.1 Merchandise as primary value. You may not use a Stock Image as the primary visual element on physical merchandise (prints, posters, t-shirts, mugs, phone cases, and similar) where the image is the primary reason for purchase, unless substantially transformed.

S1.3.2 Standalone delivery. You may not deliver a Stock Image to a client as a standalone file. It must be incorporated into a design, layout, or composition.

S1.4 Quick Reference

Schedule 2 — Templates and Outputs

S2.1 Scope of This Schedule

This Schedule governs every Template-based Tool in the Service, whatever it is called and whenever it is released. Today that means Singles and Mockups. It will mean any future Tool that works the same way, without amendment to this Agreement.

A Tool is Template-based where it works like this: Arqé provides a pre-made starter scene, you upload your own media, you customise the scene, and the Service renders an Output that you export.

S2.2 Nature of a Template

Templates are software. They are pre-made starter scenes inside the Service's creative software, authored by Arqé and written as code.

They are not assets. They are never delivered to you as files, and they cannot be exported from the Service. What you export is an Output: a rendered file made from a Template and your own media.

Your subscription licenses the use of the software, including its Templates. It does not license the Templates as separate assets.

Because a Template is never delivered to you in the first place, the restrictions below come down to essentially one thing: not extracting it from the software.

Singles and Mockups differ in what they depict, not in how they work or how they are licensed. Mockups are subject to the additional restrictions in Schedule 3.

S2.3 Permitted Uses

Subject to a valid subscription, you may:

• browse, select, and load Templates within the Service;
• customise a Template with your own User Content and settings, creating a Project;
• render Outputs from your Projects; and
• use, modify, distribute, publicly display, and commercially exploit those Outputs in accordance with A4 and Part B.

S2.4 Restrictions on Templates

You may not:

• S2.4.1 extract, copy, decompile, disassemble, reverse-engineer, or otherwise attempt to derive the source code, animation logic, timing, easing, geometry, shaders, materials, or underlying composition of any Template;
• S2.4.2 rebuild, reconstruct, or substantially recreate any Template outside the Service, whether by hand or by automated means, and including from a rendered Output;
• S2.4.3 systematically extract, harvest, index, catalogue, download, or compile the Arqé Template library, or any substantial part of it, whether manually or by automated means, and whether or not any individual Template is reproduced;
• S2.4.4 access Templates other than through the Service's intended interface, including by intercepting, scraping, or automating requests to the editor or the rendering infrastructure;
• S2.4.5 circumvent, or attempt to circumvent, any technical measure that restricts access to, copying of, or export of any Template; or
• S2.4.6 use any Template, or knowledge derived from one, to build, populate, or promote a competing animation tool, template library, or motion-graphics product.

Technical accessibility is not a license. Portions of Template code are necessarily transmitted to your browser in order for the editor to run. This is a technical requirement of operating the software.

The fact that Template code, structure, timing, or assets may be technically reachable, whether through browser developer tools, inspection of network traffic, or any other means, does not make their extraction, copying, retention, reconstruction, or reuse permitted. Your rights are defined by this Agreement, not by what your browser can be made to reveal. Obtaining a Template by technical means you were able to execute is a breach of this Agreement and an infringement of Arqé's copyright, and will be treated as such.

S2.5 Rendering

Rendering is performed on Arqé's cloud infrastructure and is subject to the fair use provisions of clause 6.8 of the Terms of Service. Render times, queue positions, and available output formats and resolutions may vary and may change over time.

S2.6 Outputs

Ownership of and rights in Outputs are governed by Part B.

In short: the Output is yours to use commercially, forever, including after your subscription ends. The Template inside it is not yours, and may not be separated from it.

S2.7 Client and Agency Work

What you make is yours to sell. Client work is fully permitted:

• You may create Outputs for clients, in any number, as part of your design or production work.
• You may deliver the rendered video to your client, who may use it commercially and indefinitely.
• Your client does not need an Arqé subscription in order to use a video you made for them. Their use of it is unrestricted beyond A5.
• You may charge your client whatever you like for that work.

Who does the making is not. The subscription is personal to you:

• You may not give a client, employer, colleague, contractor, or freelancer access to your account so that they can work in the Service. Each individual who works in the Service needs their own subscription.
• You may not sell, rent, lend, publish, or pool your account access.
• You may not operate your account as a rendering bureau, meaning offering rendering or export as a service to others who supply the content and direction, as distinct from producing work for clients as part of your own creative practice.

The distinction is simple. The Service licenses one person to use the software. Whatever that person produces with it, they may sell, deliver, and exploit without limit.

S2.8 Quick Reference

Schedule 3 — Additional Provisions for Mockups

This Schedule applies whenever you use Mockups.

S3.1 Relationship to Schedule 2

Mockups are motion Templates. Schedule 2 applies to them in full, with the same permitted uses, the same restrictions, and the same treatment of Outputs, client work, and rendering.

This Schedule adds to Schedule 2. It does not replace it. It exists only to cover the things that are true of Mockups because they are three-dimensional, and that have no equivalent for Singles.

S3.2 Nature

Mockups are proprietary three-dimensional compositions authored by Arqé, comprising geometry, materials, shaders, lighting, camera and animation logic, and code. Like all Templates, they are executed within the Service and are never delivered to you as files. A Mockup Output is a rendered video, not a 3D asset.

S3.3 Additional Restrictions

In addition to S2.4, you may not:

• S3.3.1 extract, export, copy, or reconstruct the three-dimensional geometry, mesh, UV maps, textures, materials, shaders, lighting setup, camera path, or scene structure of any Mockup, whether from the Service or from an Output;
• S3.3.2 use photogrammetry, frame extraction, depth reconstruction, or any comparable technique to derive a 3D asset from an Output; or
• S3.3.3 use any Mockup, or any asset derived from one, in any 3D pipeline, engine, renderer, or tool outside the Service.

S3.4 Depicted Products and Devices

Mockups may depict generic objects, devices, packaging, or surfaces. Unless expressly stated, they are not associated with, endorsed by, or licensed from any manufacturer or brand. You are responsible for ensuring that your use of a Mockup Output does not imply an affiliation or endorsement that does not exist, and does not infringe any third party's trade dress or design rights.

Part B — User Content and Outputs

B1. Your Content Remains Yours

You retain all ownership rights in your User Content. Nothing in this Agreement or in the Terms of Service transfers ownership of your User Content to Arqé.

B2. The License You Grant Us

You grant Arqé the limited, purpose-bound license set out in clause 8.2 of the Terms of Service: a right to host, store, cache, reproduce, transcode, encode, resize, and otherwise process your User Content solely to the extent necessary to operate the Service for you.

That license exists only to deliver the Service. It terminates when you delete the content or your account. It confers no right to publish, display, distribute, sell, sublicense, or otherwise exploit your User Content, and no right to use it to train any model.

B3. Your Warranties

You warrant that you hold all rights and consents necessary for your User Content to be uploaded and processed as described, including any consents required from identifiable individuals depicted in it, as set out in clause 8.3 of the Terms of Service.

B4. Outputs: Your Work Product

An Output is your work product, in the same way that a file you create in any other creative software is yours.

You retain all rights you held in your User Content. To the extent that an Arqé Template contributes copyrightable expression to an Output, Arqé grants you a perpetual, worldwide, non-exclusive, royalty-free, irrevocable license to use, reproduce, modify, distribute, publicly display, and commercially exploit that expression as embodied in the Output, including after your subscription expires or is cancelled. No further permission or payment is required, and no attribution is required.

Arqé retains all rights in the Template itself, as software. The license above attaches to the Output. It does not grant you rights in the Template as a separate asset, and it does not entitle you to reconstruct one from an Output.

B5. What You Can Do With an Output

Everything in A4, plus:

• keep using it forever, after your subscription ends;
• deliver it to a client as a finished file;
• edit, cut, recolour, composite, and otherwise post-process it in any tool you like;
• publish it commercially on any platform, in any medium, at any scale.

B6. What You Cannot Do With an Output

• Extract, isolate, or reconstruct the Template from it.
• Use it to train, fine-tune, or improve any machine learning model.
• Present it, or a collection of Outputs, as a template, preset, or asset product for others to use.
• Upload it to a stock or template marketplace as a downloadable asset.
• Anything prohibited under A5.

B7. Retention

Retention of your User Content, Projects, and Outputs is governed by clause 9 of the Privacy Policy. Arqé provides storage as a convenience, not as a backup or archival service.

Download and archive any Output you intend to keep.

B8. Contact

Questions about this License Agreement, permitted uses, or special permissions: hello@arqe.ai