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Terms and Conditions

These terms remained effective until October 30, 2020. You can find the current terms and conditions here.

Applicability

The following Terms and Conditions (“T & C”) apply to all users (“user”, “you”) who wish to access or use the services of Arc Studio Pro („we”, "us", "our"). You can only use our services if you agree with our T & C. By using our services or by registering an account with us, you accept the T & C. Your own T & C will not apply to our contractual relationship with you.

Registration and Account

You can only use our services after registering an account with us. Only users who are fully competent to do so are allowed register with us. We reserve the right to change the registration process and the data that has to be provided in the course of the registration at any time. Once we accept your registration, you can log in to your account any time and use our services.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Fee for using our services

Free trial

We may, at our sole discretion, offer a subscription with a free trial for a limited period of time ("Free Trial"). At any time and without notice we reserve the right to modify the terms and conditions of the Free Trial offer, or cancel the Free Trial offer.

Free plan

We may, at our sole discretion, offer a subscription with limited functionality free of charge ("Free plan"). At any time and without notice we reserve the right to modify the terms and conditions of the Free Plan offer, or cancel the Free Plan offer.

Subscription credit

We may grant you free subscription credit, as part of a promotion or contest, or for performing certain actions, such as referring new customers. These subscription credits cannot be exchanged for cash and we reserve the right to modify the terms and conditions of such offers without notice.

Subscriptions

Parts of our services may require a paid subscription. Should you choose to order such a subscription, we will bill you in advance on a recurring and periodic basis ("billing cycle"). Billing cycles may be chosen to be set on a monthly or yearly basis.

At the end of each billing cycle, your subscription will automatically renew under the exact same conditions unless you cancel it or we cancel it.

Cancellations become effective at the end of a billing cycle.

Should you choose to change your subscription plan and its associated price, you will be charged (if the price increased) or credited (if the price decreased) the prorated amount for the remaining billing period. When you are credited in this way, we will apply the credit the next time you are charged.

Payment

A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide us with accurate and complete billing information including full name, address, state, zip code, country of residence and valid payment method information. By submitting such payment information, you automatically authorize us to charge all subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, we may attempt to charge the credit card on file one or more times. Should payment continue to fail, the subscription will be cancelled.

Services provided by us

Logged-in users can use the service we offer through our website or our apps. We make all reasonable effort to ensure that we can provide you with our services without any interruptions, errors or defects and that we can provide you with a service that is fulfills your expectations and needs.

We are nevertheless entitled to change our services, add and remove features, provide features only under specific conditions or even terminate the provision of our services without reason and without prior notification. Please note therefore, that your use of our services remains at your sole risk. Our service is provided on an "AS IS" and "AS AVAILABLE" basis. Our service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Arc Studio Pro, its subsidiaries, affiliates, and its licensors do not warrant that a) the service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the service is free of viruses or other harmful components; or d) the results of using the service will meet your requirements or is fit for a specific purpose.

Content shared and uploaded by the user

Our service allows you to share, upload or post content or make it otherwise available. You are responsible for the content that you post on or through our service, including its legality, reliability, and appropriateness. By posting content on or through our service, you represent and warrant that: (i) the content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license, and (ii) that the posting of your content on or through our service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright. You retain any and all of your rights to any content you submit, post or display on or through our service and you are responsible for protecting those rights. We take no responsibility and assume no liability for content you or any third party posts on or through the Service. However, by sharing content using our service you grant us the right to display such content. We have the right but not the obligation to monitor all content provided by users.

In addition, content found on or through this Service that are not originally submitted, posted, or displayed by users are the property of Arc Studio Pro or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Any content stored on the service may be stored indefinitely, unless it is explicitly deleted.

Copyright policy

We respect the intellectual property rights of others. We will respond to any claim that content posted on our Service infringes the copyright or other intellectual property rights of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to contact@arcstudiopro.com.

Intellectual Property

Our service and its original content (excluding content provided by users), features and functionality are and will remain the exclusive property of Arc Studio Pro. Our service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

Termination

You may generally use our services for an unlimited period of time.

We may terminate or suspend your account and bar access to our service immediately for good cause, without prior notice or liability, including but not limited to a breach of the T & C (“extraordinary termination”).

We may also terminate or suspend your account within a 30-day period of notice (“ordinary termination”).

If you wish to terminate your account, you can do so at any time by sending an email to support@arcstudiopro.com. Upon requesting to delete your account, all content will immediately become inaccessible. After 14 days, the content will be deleted from our servers and can no longer be recovered.

Apple App Store

Should you have acquired our desktop application through the Apple App Store ("App Store"), the rules of the following paragraph apply. To the extent the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to the App from the Apple App Store. You acknowledge and agree that these Terms are solely between you and Arc Studio Pro, not Apple, and that Apple has no responsibility for our app or content thereof. Downloading our app from the App Store grants you a limited, non-exclusive, non-transferable, revocable license to use our app. You may only use our app downloaded from the App Store on an Apple device that you own or control and as permitted by the Apple App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of our app to conform to any applicable warranty, you may notify Apple, and Apple will refund the subscription price, if any, for our app to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms. You and Arc Studio Pro acknowledge that Apple is not responsible for addressing any claims of yours or any third party relating to our app or your possession and/or use of our app, including, but not limited to: (a) product liability claims, (b) any claim that our app fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation. You and Arc Studio Pro acknowledge that, in the event of any third party claim that our App or your possession and use of the App infringes that third party’s intellectual property rights, Arc Studio Pro, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You must comply with applicable third-party terms of agreement when using the App. You and Arc Studio Pro acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as they relate to your use of the App, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

Exporting your data

You can export your data at any time using our export features available from within the app.

Indemnification

You agree to defend, indemnify and hold harmless Arc Studio Pro and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of our service, by you or any person using your account and password; b) a breach of these T & C, or c) content posted on our service.

Limitation of Liability

In no event shall Arc Studio Pro nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use our service; (ii) any conduct or content of any third party on our service; (iii) any content obtained from the service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

If your jurisdiction does not allow the exclusion of certain warranties or the exclusion or limitation of liability for certain damages, the limitations above may not apply to you.

Governing law and place of jurisdiction

Contracts with Arc Studio Pro and these T & C shall be governed and construed in accordance with the laws of Germany, without regard to its conflict of law provisions. The Vienna UN-Convention on Contracts for the International Sale of Goods shall be excluded. The exclusive place of jurisdiction shall be the competent court in Berlin, Germany.

Severability clause

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these T & C is held to be invalid or unenforceable by a court or if any provision is incomplete, the remaining provisions of these Terms will remain in effect. Invalid, unenforceable or incomplete terms will be replaced by the valid, enforceable or complete term, whose content and purpose is the closest to the invalid or incomplete term.

Changes to the T & C

We reserve the right, at our sole discretion, to modify or replace these T & Cs at any time. We will notify you of changes to our T & C after you log in to your account. To continue using our services, you have to explicitly agree to the amendments of the T & C. If you do not do so, we are allowed to terminate your account immediately.

Contact details

You can contact us at any time:

Arc Studio Pro GmbH

contact@arcstudiopro.com

Lohmühlen Str. 65
12435 Berlin
Germany