Terms of Use

Welcome to Arcade! These Terms of Use (“Terms”) set out your (“you” or “your”) rights and responsibilities with respect to your use of any products, services and offerings, and access to our platform, including our website (collectively, the “Services”) made available by Arcade (“Arcade,” “we” or “us”) to you and other users of the Services (collectively, “Users”). By using the Services, you agree that these Terms will become a legally binding agreement between you and us, so please read these Terms carefully.

Please note that Section 14 of the Terms below contains a binding arbitration agreement and class action waiver for users in North and South America. By agreeing to the Terms, you and Arcade agree to submit any disputes between us exclusively to individual arbitration and not to sue in court, except in the limited circumstances described below.

1. These Terms

These Terms will include by reference any other documents referenced below, and all mentions of the “Terms” below shall be read to include such referenced documents.

2. Your Privacy

Our Privacy Policy (which you can find here) details how your data is collected, used and shared when you use our Services. By using our Services, you're also agreeing that we can process your information in the ways set out in the Privacy Policy.

Both Arcade and individual Makers process members’ personal information (for example, buyer name, email address, and shipping address) and are therefore considered separate and independent data controllers of buyers’ personal information under applicable data protection laws. That means that each party is responsible for the personal information it processes in providing the Services. For example, if a Maker accidentally discloses a buyer’s name and email address when fulfilling another buyer’s order, the Maker, not Arcade, will be responsible for that unauthorized disclosure.

If, however, you (as a Maker) and Arcade are found to be joint data controllers of buyers’ personal information, and if Arcade is sued, fined, or otherwise incurs expenses because of something that you did (or failed to do) as a joint data controller of buyer personal information, then you agree to defend and indemnify Arcade in accordance with Section 12 below.

3. Your Use of Our Services

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services.

A. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your use of the Services requires, and to meet applicable legal requirements in applicable jurisdiction(s). If you list any items for sale through the Services (i.e., you are a “Maker”), this includes the sale and delivery of your items, and legal requirements such as age verification upon delivery, where required by law. If you are a Maker, you may not sell anything that violates any laws, and you may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against us, another Arcade user, or a third party.

B. You agree that you will not, and will not attempt to, violate any legal, regulatory or other protections in connection with your use of the Services, including intellectual property rights.

C. You shall not yourself or through a third party: (i) rent, lease, sell, distribute, offer in a service bureau, sublicense, or otherwise make available the Service to any third party (except as permitted under these Terms); (ii) access the Service for purposes of performance benchmarking; (iii) access the Service for purposes of building or marketing a competitive product; (iv) use the Service to transmit unsolicited emails or engage in spamming; (v) use any form of data mining, extraction, or scraping on the Service and/or the contents available therein for machine learning or other purposes; (vi) bypass the measures we may use to prevent or restrict access to the Service, including features that prevent or restrict use or copying of any content or enforce limitations on use of the Service.

D. You agree not to crawl, scrape, or spider any page of the Services or to reverse engineer or attempt to obtain the source code of the Services (including both our intellectual property and any User content) without our express permission.

E. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus, submitting excessive requests to our site or platform, or using other harmful computer code.

F. The name “Arcade” and the other Arcade marks, phrases, logos, and designs that we use in connection with our Services, are trademarks, service marks, or trade dress of Arcade in the US and other countries.

G. Any ideas or other materials you submit to Arcade (not including Your Content or (if you are a Maker) items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

H. Any ideas or other materials you submit to Arcade (not including Your Content or (if you are a Maker) items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

4. Your Account with Arcade

You will need to create an account with Arcade to use some of our Services. If you do not create an account, you cannot use those Services.

A. You must be 13 years or older to use our Services. If you are between the ages of 13 and 18, you may use our Services only with the appropriate permission and under their direct supervision of a parent or legal guardian who is the owner of the account. Furthermore, all financial information on the account, such as a credit card, must be that of the parent or legal guardian. If you are under 13, you are not permitted to use Arcade or the Services.

B. All information you provide to us must be complete and accurate. You cannot use false information or impersonate another person or company through your account.

C. Choose an appropriate name. You may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates the Terms.

D. You're responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.

E. Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure.

F. These Terms don't create any agency, partnership, joint venture, employment, or franchisee relationship between you and Arcade.

G. To appeal an action by Arcade, you must have an account.

Your Creations

A. In connection with your use of the Services, the Services may produce certain images (the “Creations”). You may use any Creations provided directly to you by the Services (“your Creations”) in connection with the Services (i.e., included in Orders to Makers to manufacture Products). We make no representations or warranties with respect to the Creations (whether with respect to their originality, non-infringement of third-party intellectual property or otherwise). B. You may publish or share your Creations with others within the Service. You are not prohibited from publishing or sharing the Creations on a Third Party Service by us, but please read carefully any terms of service or similar restrictions applicable to Third Party Services to confirm that they do not prohibit such sharing or publishing. Arcade maintains no responsibility in relation to such sharing of Creations. Arcade’s enablement of such activity or the Service’s performance of actions to publicly share Creations at your instruction shall not be considered a violation of any of Arcade’s obligations under these Terms. C. The Creations may be developed in whole or in part by artificial intelligence. If you use the Services to create Creations, you agree not to, and not attempt to: (i) mislead anyone that the Creations are human-generated, (ii) provide any false, misleading or unauthorized content (such as content of a medically or legally sensitive nature) through or in the Creations, or (iii) circumvent or violate any rules or restrictions imposed by any third party on the use of AI-generated content. D. The Creations, when initially created, may be impossible to construct with specified materials or otherwise infeasible for a Maker to produce. You acknowledge that neither we nor any Maker makes any guarantee that a given Creation can be actually fabricated or produced.

6. Your Content

Content (including any images, writing, snippets, shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, or otherwise) that you submit for display (hereafter, “post”) using our Services is your content (“Your Content”). You represent and warrant that you either own Your Content or otherwise secured all necessary rights in Your Content as may be necessary to permit the access, use and distribution thereof as contemplated by these Terms. A. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to all parts of Your Content and that you’re not infringing or violating any third party’s rights by posting it. B. By posting Your Content through our Services, you grant us and, as authorized by us in our sole discretion, third parties, a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help us function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote it. For example, you acknowledge and agree we may offer you or other users promotions on the Services, from time to time, that may relate to your listings or other listings on Arcade. C. By posting Your Content, you grant us and, as authorized by us in our sole discretion, third parties, a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide and promote the Services in general, in any formats and through any channels. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognize our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information. D. We have great respect for intellectual property rights, and are committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please inform us and we will assist to the extent reasonably able. If Your Content is alleged to infringe another person’s intellectual property, we will take appropriate action, such as disabling it if we receive a report of infringement that complies with our policies, or terminating your account if you are found to be a repeat infringer. E. You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.

7. Your Purchases

A. In the course of your use of the Services, you may purchase items, jewelry or other products (collectively, “Products”) from Makers. You understand that we do not manufacture, store or inspect any Products. We cannot, and do not, make any warranties about the quality, safety, authenticity, legality, or fitness for purpose of any Products. You release Arcade from any claims related to the Products, including for any defective items, misrepresentations by Makers or items that cause physical injury. B. Individual Makers manufacture, or otherwise produce, and ship or otherwise convey to you, the Products that you may buy through the Services. We do not make any representations regarding these Makers, such as any recommendation of their skill or capabilities or otherwise. Any Products you purchase are provided without any warranties other than those made by the individual Makers.

8. Fees and Payments

A. Your use of the Services may require you to pay fees or other payments, whether to us, the Makers or otherwise (“Fees”). You are responsible for paying all Fees that you owe. Except as set forth below, you are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services. Where applicable, we will calculate, collect and remit value-added tax or VAT and sales tax. Some countries may refer to VAT using other terms, e.g. Goods and Services Tax (GST), but we’ll just refer to VAT, GST, and any local sales taxes collectively as “VAT.” B. From time to time, we may offer you opportunities to use the Services or receive Products for which payments and costs may be decreased or waived (“Credits”). Each Credit is an independent offer, and us offering you a Credit does not necessarily mean that a similar Credit will be offered in the future. When you use a Credit to use a Service or receive a Product, you acknowledge future Services or Products may be subject to different terms or Fees. C. We will automatically add all Fees owed with respect to your purchases to your total payment prior to you checking out. D. By using a Service for which Fees are required, including by placing an order to purchase a Product, you acknowledge that: (i) you have the legal right to use the credit card, debit card or other payment method you provide in connection with that use; (ii) the information you provide in connection with that use (e.g., payment information for a credit card, billing address, etc.) is complete, true and accurate; and (iii) you are granting us the rights to provide any of that information to payment processing third parties for the purposes of facilitating the payment of such Fees. E. From time to time, you may receive a full or partial refund (a “Refund”) for payments you made to us or a Maker through the Services. Refunds may be to the original method of payment or as otherwise specified by us at the time of such Refund.

9. Maker Policies

The policies in this section apply only to Makers; if you do not intend to use the Services as a Maker, these policies may not apply to you. A. In the course of your use of the Services, you may receive orders or requests to manufacture Products (“Orders”) from other users of the Service. These Products may be based on Creations, including AI-powered features and functionalities. You understand that we do not control the design of the Creations or any other designs provided in any Orders. We cannot, and do not, make any warranties about the designs provided for manufacture, including with respect to the feasibility of manufacture, price, reliability or otherwise. All Makers release Arcade from any claims related to the Orders provided to them by users of the Services. B. Makers agree not to fulfill Orders or manufacture Products that infringe, misappropriate or otherwise violate anyone’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. By creating and maintaining a storefront (a “Storefront”) through the Services, a Maker agrees that they will not promote that Storefront in any way that violates any person’s intellectual property rights. C. Makers agree not to fulfill orders or manufacture products that are based on or otherwise reference any Creations unless the order or request is provided through the Services. Even if the Maker knows that the intended customer is an Arcade customer, the Maker will guide the intended customer to furnish the Order through the Services. D. Makers are free to make any representations and warranties with regards to the Products they manufacture and ship, but Arcade cannot be responsible for these statements. You release Arcade from all claims related to any statements you make to users of the Services regarding your ability to manufacture or ship Products to such users, or any statements relating to the Products themselves. E. Makers are responsible for transaction fees and incidental costs of receiving payment (e.g., transaction fees from third-party payment processors). F. Makers cannot use, sell, or show Products (or designs for Products) made for Users outside of the Services or their Storefront. This includes any display or reference to such Products or designs on the Maker’s independent website. G. Makers will not: (i) advertise, market, sell or otherwise make available Products designed for Users outside of the Services; (ii) sell a product designed for one User to another User without authorization from the original User; (iii) accept orders from Users outside of the Services..

10. Termination

A. You may terminate your account with Arcade at any time from your account settings. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination. Additionally, you must pay any outstanding bills. As soon as you terminate your account, you are no longer licensed to use the Services and must cease using the Services immediately. B. We may terminate or suspend your account (and any accounts Arcade determines are related to your account) and your access to the Services should we have reason to believe you, your Content, or your use of the Services violate our Terms. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services. Generally, Arcade will notify you that your account has been terminated or suspended, unless you’ve repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you. If you or Arcade terminate your account, you may lose any information associated with your account, including Your Content. C. We reserve the right to change, suspend, or discontinue any of the Services for you, any or all users, at any time, for any reason, including those laid out in these Terms of Use. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services. D. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.

11. Warranties and Limitation of Liability

A. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. We are not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content. B. You can use the Services to interact with other Users, either online or in person. However, you understand that we do not screen users of our Services other than to meet certain compliance and legal obligations, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others. C. Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter, and Pinterest). You may also need to use a third party’s product or service in order to use some of our Services (like a compatible mobile device). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. We are not a party to those agreements; they are solely between you and the third party. D. YOU UNDERSTAND THAT OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. E. WE DO NOT GUARANTEE THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SERVICES SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. F. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER ARCADE (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, PARTNERS, OR AFFILIATES) SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS. [IN NO EVENT SHALL ARCADE’S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF: (I) $100; (B) THE PRICE YOU PAID FOR AN ITEM SOLD BY A MAKER ON THE SERVICES (INCLUDING ANY APPLICABLE SALES TAX) AND ITS ORIGINAL SHIPPING COSTS; OR (C) THE AMOUNT YOU PAID ARCADE IN FEES IN THE PAST 12 MONTHS PRIOR TO ANY ACTION GIVING RISE TO THE LIABILITY.] SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12. Indemnification

If we receive a claim, notice, or demand because of something that you did (or failed to do), you agree to defend and indemnify us. That means, without limitation, you’ll defend, reimburse, compensate, and hold Arcade (including any of our employees, officers, directors, agents, subsidiaries, and affiliates) harmless from any allegation, claim, demand, lawsuit, loss, liability, or expense of any kind (including reasonable attorneys’ fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, items you buy or sell through the Services, and/or your actual or alleged violation of any law or any third party’s rights. We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

13. Disputes with Other Users

A. If you find yourself in a dispute with another User or a third party, we encourage you to contact the other party and try to resolve the dispute amicably. B. [Users who are unable to resolve a dispute related to a transaction on the Services may participate in our case system with a registered account. In our sole discretion, we may attempt to help you resolve disputes in good faith, but we will not make judgments or determinations regarding legal issues or claims. We have no obligation to resolve, or to assist in resolving, any disputes.] C. You release us from any claims, demands, and damages arising out of disputes with other users or third parties.

14. Arbitration Agreement and Class Action Waiver

A. You and Arcade agree that, subject to limited exceptions specified in this Section 14 (the “Arbitration Agreement”), all disputes, causes of action, or claims arising out of, in connection with, or related to these Terms or this Arbitration Agreement, the Services, or any aspect of the relationship between you, on the one hand, and Arcade or its suppliers or sellers, on the other hand, or the breach, termination, enforcement, interpretation, or validity of the Terms or this Arbitration Agreement (collectively, “Disputes”), will be resolved through final and binding, individual arbitration in accordance with the rules and procedures of the American Arbitration Association (“AAA”), instead of in a court in any jurisdiction by a judge or jury. You and Arcade agree that an arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. Notwithstanding this Arbitration Agreement, you and Arcade each retain the right to bring an individual action in small claims court if it qualifies. Each party also retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. B. You and Arcade agree that each party is waiving the right to trial by a jury or to participate in any purported class, collective, aggregate, mass, representative, or consolidated action, arbitration, or other proceeding. Unless both you and Arcade agree in writing, each party may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, aggregate, mass, representative, or consolidated action, arbitration, or other proceeding. If the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative, mass, or class proceeding. If the foregoing sentence is found to be unenforceable, then the entirety of this Arbitration Agreement section shall be null and void, and you and Arcade shall be deemed not to have agreed to arbitrate disputes on a mass or class basis. This Arbitration Agreement shall survive any termination of these Terms. C. You can choose to reject this Arbitration Agreement by sending Arcade a written opt-out notice (“Opt-Out Notice”) within 30 days following the date you first agree to these Terms by mail at [-] or by email at [-]. If mailed, the Opt-Out Notice must be postmarked no later than 30 days following the date you first agree to these Terms. To be effective, the Opt-Out Notice must contain your name, address, and signature. If you opt out of the Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with Arcade. D. The arbitration will be administered by the AAA under its Consumer Arbitration Rules and any supplementary rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. You can contact the AAA for more information on how to commence an arbitration proceeding at www.adr.org or 1-800-778-7879. Any arbitration hearings will take place in the county where you live or at another mutually agreed location. It is the intent of the parties that the AAA Rules and the U.S. Federal Arbitration Act (“FAA”) shall preempt all state laws to the fullest extent permitted by law. If the AAA Rules and the FAA are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of California, without regard to its choice or conflict of law provisions. E. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Arcade will pay for all filing, administration and arbitrator fees and expenses if your Dispute is for $100 or less, unless the arbitrator finds your Dispute frivolous. F. Notwithstanding the provisions of “Changes to Terms” below, if Arcade changes any of the terms of this Arbitration Agreement after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice of such rejection within 30 days of the date such change became effective, as indicated in the “Last Updated” date above. The written notice must be provided either by mail at [-] or by email at [-]. To be effective, your notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Arcade in accordance with the terms of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

15. Changes to the Terms

We may update these Terms from time to time, including by adding entirely new terms and deleting existing terms. If the changes are material, we’ll let you know in advance by posting the changes through the Services and/or sending you an email or message about the changes. Your use of the Services after the effective date of the changes constitutes your acceptance of the updated Terms. If you do not agree with the changes, you may close your account.

16. Some Finer Legal Points

The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Arcade regarding the Services. If any part of the Terms is found to be invalid or unenforceable, that part will be limited to the minimum extent necessary and severed so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.

17. Contact Information

If you have any questions about the Terms, please email us at help@arcade.ai