Terms and Conditions

By accessing or using Arko (hereinafter, "the Service"), operated by Arcaelas Insiders Ltda (hereinafter, "we", "our", or "the Company"), you agree to be bound by these Terms and Conditions.

If you do not agree with any part of these terms, you may not access the Service.

Arko is a platform that allows users to:

• Create and customize artificial intelligence agents.
• Maintain conversations with said agents.
• Configure "Powers" (webhooks and external connections) to extend agent capabilities.
• Store memories and context to personalize interactions.
• Generate API keys for programmatic access to the Service.

The Service is provided "as is" and may be subject to changes, updates, or interruptions without prior notice.

3.1 Available Plans

Arko Studio currently offers the Free Plan with one-time Capacity Packs. The Premium Plan is in development:

• Free Plan: Includes 20 agents, 120 memories, 50 powers and unlimited messages. One-time Capacity Packs available to extend capacity. No credit card required.
• Premium Plan: In development. Coming soon: access to all models, complete execution cycles, and priority support for teams and production workloads.

3.2 Payment Methods

We accept payments via credit and debit cards through Stripe, Inc. as our PCI DSS certified payment processor. All transactions are processed securely and encrypted. We do not store complete credit card data on our servers.

3.3 Billing and Renewal

Premium plans are billed on a recurring basis (monthly or annually) until you cancel your subscription. Renewal is automatic and will be charged to your registered payment method.

3.4 Cancellation

You can cancel your Premium subscription at any time from your account settings. Cancellation will be effective at the end of the current billing period. No prorated refunds are issued for early cancellations.

3.5 Refund Policy

We offer a 30-day money-back guarantee on Capacity Packs: request a full refund by emailing support@arcaelas.com within 30 days of purchase. When the Premium Plan becomes available, prorated refunds will only apply in cases of service outages exceeding 7 consecutive days.

3.6 Plan Changes

You can upgrade from Free to Premium at any time. Downgrading from Premium to Free will be effective at the end of the current billing period.

4.1 Account creation

To use the Service, you must create an account using Google Sign-In or a valid email address. You are responsible for maintaining the confidentiality of your credentials.

4.2 User responsibilities

• Provide truthful and up-to-date information.
• Maintain the security of your account and password.
• Notify us immediately of any unauthorized use.
• Be responsible for all activities performed from your account.

4.3 API keys

The API keys you generate are equivalent to your credentials. You are fully responsible for their use and any actions performed through them. Do not share your API keys and revoke them immediately if you suspect they have been compromised.

By using the Service, you agree NOT to:

Prohibited activities

• Use the Service for illegal or fraudulent activities.
• Generate content that incites hatred, violence, or discrimination.
• Attempt to access other users' accounts or data.
• Use the Service to send spam or unsolicited messages.
• Interfere with the normal operation of the Service.
• Create agents that impersonate real people without authorization.
• Use the Service to generate misinformation or fake news.
• Evade usage limits or Service restrictions.

We reserve the right to suspend or terminate your account if you violate these policies.

5.1 Our property

The Service, including its design, code, logos, and original content, is the property of Arcaelas Insiders Ltda and is protected by intellectual property laws.

5.2 Your content

You retain ownership of all content you create through the Service, including agent configurations and conversations. By using the Service, you grant us a limited license to process and store said content in order to provide the Service.

5.3 AI-generated responses

AI-generated responses from agents are not our exclusive property. However, we do not guarantee that such responses are original or free of third-party rights.

We respect the intellectual property rights of third parties. If you believe that content available through our Service infringes your copyright, you may send us an infringement notification with the following information:

Notification requirements

1. Identification of the protected work you believe has been infringed.
2. Identification of the infringing content and its location in the Service.
3. Your contact information (name, address, phone, email).
4. A good faith statement that the use is not authorized by the rights holder.
5. A statement under penalty of perjury that the information is accurate and you are the holder or authorized representative.
6. Your physical or electronic signature.

Send DMCA notifications to: legal@arcaelas.com with the subject "DMCA Takedown Notice".

We will process valid notifications within 5 business days and take appropriate measures, which may include the removal of the infringing content.

To the maximum extent permitted by law:

• The Service is provided "as is" without warranties of any kind, express or implied.
• We shall not be liable for indirect, incidental, special, consequential, or punitive damages.
• Our total liability shall not exceed the amount you have paid for the Service in the last 12 months.
• We do not guarantee that the Service will be uninterrupted, secure, or error-free.

We reserve the right to modify these terms at any time. We will notify you of significant changes through:

• An email to the address associated with your account.
• A prominent notice when logging into the Service.

Your continued use of the Service after such changes constitutes your acceptance of the new terms.

We may suspend or terminate your access to the Service:

• If you violate these Terms and Conditions.
• If you engage in activities that harm other users or the Service.
• For legal or regulatory reasons.
• At our discretion, with a minimum of 7 days' prior notice via email to the address associated with your account.

You can cancel your account at any time. See our Deletion Policy for more information.

These terms shall be governed by and construed in accordance with the laws of the Republic of Chile, without regard to its conflict of laws provisions.

Any dispute arising from these terms shall be submitted to the exclusive jurisdiction of the competent courts of Santiago, Chile.

• Severability: If any provision of these terms is invalid, the remaining provisions remain in full force.
• Waiver: Our failure to exercise a right does not constitute a waiver of that right.
• Entire agreement: These terms constitute the entire agreement between you and us regarding the Service.
• Assignment: You may not assign your rights under these terms without our prior written consent.

We shall not be liable for delays, interruptions, or failures resulting from causes beyond our reasonable control, including but not limited to:

• Natural disasters, pandemics, or health emergencies.
• Wars, terrorism, civil unrest, or government sanctions.
• Failures in third-party services (AWS, Firebase, AI providers).
• Cyber attacks, DDoS attacks, or large-scale security incidents.
• Power outages, telecommunications failures, or internet infrastructure failures.
• Legislative or regulatory changes affecting the provision of the Service.

In the event of a force majeure event, we will make reasonable efforts to restore the Service as soon as possible and notify affected users of the situation and estimated resolution time.

The source code of Arko Studio is available under the GPL v3 license. For more information, see our license page.

The GPL v3 license applies to the software source code. The use of the Arko Studio cloud service (arko.arcaelas.com) is subject to these Terms and Conditions.

For questions about these terms, contact us:

Arcaelas Insiders Ltda

Email: legal@arcaelas.com

Website: arko.arcaelas.com