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TERMS OF SERVICE - ARKLABS PLATFORM

If you have any questions regarding these Terms of Service or use of ARK Cloud Platform - please contact us at [email protected].

DEFINITIONS

Whenever these Terms of Service refer to:

  1. Account — An account used to operate the Platform created by and for the Customer;
  2. Privacy Policy — The document describing the security and protection of privacy and processing of personal data of the Customer, available at https://ark-labs.cloud/privacy/;
  3. Terms of Service — These terms of service made available at https://ark-labs.cloud/terms/;
  4. Parties — ArkLabs and the Customer;
  5. Platform — ARK Cloud inference platform created by ArkLabs available at https://shop.ark-labs.cloud/, through which ArkLabs provides the Services electronically;
  6. Agreement — Shall mean an agreement for the provision of services by electronic means concluded between ArkLabs and the Customer for the use of the Platform on the terms set forth below;
  7. Service(s) — Ark Cloud API inference service(s) provided by ArkLabs under this Terms of Service, enabling access to the Models;
  8. Customer — Means a natural person, carrying out a business activity, a legal person or an organisational unit without legal personality, to which an act grants legal capacity, being a party to an agreement for the provision of Services concluded with ArkLabs;
  9. End Client — Means a natural or legal person that uses the products or services of the Customer in which the results of the Service are involved by the Customer, in particular output generated by the Models using the Service.
  10. Models — Open source AI models deployed on the ArkLab’s infrastructure, indicated by ArkLabs on the Platform;
  11. Team Member — A natural person cooperating with the Customer, having lawful access to the Account;
  12. ArkLabs — Ark Sp. z o.o. with its registered address: ul. Jacka Soplicy 30, 70-396 Szczecin NIP: 8522700321, REGON: 526712360, KRS: 0001064632, which is the owner of the Platform and the service provider.

  1. GENERAL PROVISIONS

    1. These Terms of Service set out the terms and conditions for the use of the Platform. It describes the rights and obligations of the Customers of the Platform as well as the terms and conditions of providing Services through it.
    2. The Platform provides Customers with a web interface and a secure API, that enables access to the Models deployed on the ArkLab’s infrastructure. The Customers can submit input data (e.g. words, image, voice) and receive model-generated output. Access to the Platform is granted on a credit-based billing model, where Customers purchase credits convertible to Model outputs used during inference.
    3. This Platform is intended for professional software developers and businesses. By accepting these Terms of Service, the Customer confirms that he/she does not use the Services as a consumer within the meaning of the applicable law.
    4. As a Customer, you are responsible for compliance with these Terms of Service by your employees, co-workers and any users that you have granted access to your Account.
    5. Please note, that the outputs generated by Models made available through our Platform are produced autonomously by third-party open-source models and do not reflect the views, opinions, or positions of ArkLabs. These Models generate responses based on statistical patterns in data and may sometimes produce inaccurate, misleading, offensive, or inappropriate content. ArkLabs does not warrant the accuracy, reliability, legality, or fitness for any particular purpose of any Model output. Customers are solely responsible for reviewing, evaluating, and using the Model outputs at their own discretion and risk. Under no circumstances shall ArkLabs be held liable for any loss, damage, or harm resulting from the use of or reliance on model-generated content. Use of the Service constitutes your acknowledgment and acceptance of this limitation.

  2. CREATION AND OPERATION OF AN ACCOUNT

    1. Registration is completed via Google authentication. When signing in through Google, you agree that ArkLabs receives the following personal data from Google: your full name, email address, and profile picture. This information is used to create and manage your Account on the Platform.
    2. The Customer is responsible for ensuring the confidentiality of login credentials and for all activity occurring under the Account. Misuse or unauthorized access must be reported immediately.
    3. The Platform is open to Customers who are at least 18 years old and possess full legal capacity.
    4. The registration of the Account implies acceptance of these Terms of Service and the Privacy Policy. For the avoidance of doubt - the REGISTRATION of an account means that you declare (i) that you have read the Terms of Service and Privacy Policy; (ii) that you accept their contents and conditions.
    5. The Customer is obliged to immediately notify ArkLabs of any violation of their rights to their Account or theft/leakage of their passwords by third parties.
    6. The Customer is solely responsible for the content of the data he/she has provided. Furthermore, in the event that any of the data provided by the Customer changes, the Customer must update this data in their Account.

  3. TECHNICAL REQUIREMENTS

    4. To access and use the Services provided through our Platform, Customers must meet the following technical requirements:

    1. Internet access: A stable and secure internet connection is required to interact with the Platform and access the API endpoints.
    2. API credentials: Customers must generate and securely store valid API credentials (e.g., API keys or tokens) through their Account. API credentials must not be shared with any third party and must be used in accordance with these Terms of Service.
    3. Supported protocols: The Platform's API is accessible via HTTPS and requires standard HTTP request formatting. Customers are responsible for ensuring compatibility with the technical specifications provided in our API documentation.
    4. Credit balance: Inference requests may only be submitted if the Customer holds a sufficient credit balance. The Service may be temporarily or permanently restricted in the absence of available credits.
    5. System compatibility: Customers are responsible for ensuring that their systems, software, and development environments are compatible with the API integration and security requirements. This includes implementing appropriate rate limiting, authentication handling, and error management.
    6. Security and compliance: Customers must implement appropriate technical and organizational measures to safeguard API credentials and access tokens, and to ensure that their use of the Platform complies with applicable laws and regulations.
    7. Failure to meet these technical requirements may result in restricted access, degraded performance, or suspension of the Service. ArkLabs assumes no responsibility for any issues arising from non-compliance with these requirements.

  4. FEES & PAYMENT

    1. After completing the Registration, to start using the Service, the Customer shall purchase credits by selecting one of the available credit options within the “Get Credits” section of the Platform.
    2. The current payment operator is Stripe. Payment is upfront.
    3. The Customer may choose the amount of credits to be purchased, which will then be converted into inference units based on the current pricing and modality of the selected Model.
    4. If the Customer has no remaining credits, the Services cannot be used. However, access to the Platform interface remains available.
    5. Services are billed per token (input + output) for Large Language Models. Token pricing may vary depending on the Model used by the Customer for a given request.
    6. Services are billed per hour for audio models.
    7. Services are billed per image for image generation models.
    8. Credit purchases are non-refundable unless otherwise required by applicable law. ArkLabs reserves the right to update pricing, introduce new pricing tiers, or add/remove available Models at any time.
    9. After completing the payment, the Customer must provide ArkLabs with the necessary billing details: full name, company name (if applicable), TAX/VAT ID (if applicable), and billing address.
    10. Any changes to pricing will be communicated to Customers via email and/or through the Platform dashboard at least 7 calendar days prior to taking effect. Continued use of the Service after the effective date of the pricing change constitutes acceptance of the new pricing. If the Customer does not agree to the revised pricing, they may terminate their Account before the new pricing becomes effective.
    11. Unless ArkLabs decides otherwise, pricing is available only to the registered Customers.
    12. In the event of Account termination, suspension, or voluntary cancellation by the Customer, any remaining credits will be forfeited and will not be subject to refund or compensation.
    13. Customers are responsible for monitoring their credit balance and expiration dates via the Platform dashboard. ArkLabs shall not be liable for any loss or damage resulting from the expiration or forfeiture of unused credits.
    14. Credits may only be used within the Platform for the purposes of accessing the Services and cannot be redeemed for cash, refunded, or transferred to third parties, unless expressly permitted by the Terms of Service.

  5. ACCEPTABLE USE

    1. As a Customer, you agree to use the Platform in accordance with applicable law and the provisions of these Terms of Service.
    2. As a Customer, you agree to make and receive statements of intent electronically, using the tools of the Platform or in any other form agreed with ArkLabs.
    3. As a Customer, you acknowledge that you are solely responsible for any and all damages incurred as a result of your illegal or unlawful actions.
    4. The provisions concerning the rights and obligations of the Customer shall apply accordingly to your Team Members, that you grant access to the Account.
    5. The Customer and its Team Members must use the Platform and the Services lawfully, ethically, and in compliance with applicable regulations, including the EU AI Act, GDPR, and the Polish Act on Provision of Services by Electronic Means. You agree not to:
      1. use the Platform and the Services in prohibited or high-risk AI applications as defined under the EU AI Act (e.g., biometric identification, employment decision-making, credit scoring);
      2. submit or process special categories of personal data (e.g., health, racial or ethnic origin, religious beliefs);
      3. generate or disseminate harmful, unlawful, or misleading content including hate speech or misinformation;
      4. reverse engineer, decompile, or tamper with the Platform or Models;
      5. provide false information or impersonate others;
      6. bypass API usage limits or abuse credits.
    6. ArkLabs reserves the right to immediately suspend or terminate Accounts violating these rules.
    7. The Customer is solely responsible for ensuring that any services or products incorporating or relying on Model outputs obtained through the Services comply with all applicable laws, regulations, and third-party rights.
    8. While using Models, the Customer shall also ensure compliance with the license terms, model cards and acceptable use policies applicable to the Models available at https://ark-labs.cloud/models. The Customer acknowledges that these documents may be updated from time to time. The Customer is responsible for reviewing and understanding the current version of these documents prior to using the applicable Model.

  6. RIGHTS AND OBLIGATIONS OF ARKLABS

    1. ArkLabs undertakes to provide the Services to the Customer with the utmost care.
    2. ArkLabs has the right to discontinue the Services and suspend / deactivate the Main Account or Sub-Account in the event of:
      1. the input of false data by the Customer or the Team Member;
      2. violation of the provisions of these Terms of Service by the Customer or the Team Member;
      3. use of the account in a manner contrary to applicable law or the Terms of Service.
    3. ArkLabs is entitled to temporarily interrupt the operation of the Platform and the Services it provides for technical reasons.
    4. ArkLabs allows access to the Platform with the exception of administrative, maintenance and service interruptions due to a force majeure or planned technical maintenance. To the extent possible, ArkLabs will inform Customers in advance of planned administrative, maintenance and service interruptions that make access to the Platform difficult or impossible.
    5. ArkLabs will use its best endeavours to ensure that technical interruptions last for as short a time as possible and are as inconvenient as possible for the Customers/Users.
    6. ArkLabs shall not be liable to the Customers for failure to perform or improper performance of the Services for reasons attributable to third parties (including telecommunications network operators) or caused by force majeure.
    7. ArkLabs reserves the right to make changes to the Platform or to discontinue certain aspects or features of the Services without prior notice and will not be liable for any consequences of any such change.

  7. INTELLECTUAL PROPERTY

    1. All rights in the Platform (excluding the IP rights to Models) are owned by ArkLabs. The Customer is granted a non-exclusive, non-transferable, revocable access to the Platform solely as intended and within your credit balance. You may not sublicense or provide the Platform to third parties without our consent, except for Team Members provided that they are bound by these Terms of Service and use the Platform under your legal liability.
    2. The Customer retains ownership of the input data submitted.
    3. ArkLabs makes no guarantees nor representations regarding the originality or copyright status of the output. The Customer acknowledges that output may be similar to other Customer’s outputs due to the nature of probabilistic Models.
    4. The Customer is solely responsible for reviewing and ensuring the suitability, lawfulness, and accuracy of the outputs before using them commercially or publicly.
    5. ArkLabs does not claim ownership over Customer data in inputs or outputs.

  8. CONFIDENTIALITY

    1. All non-public information exchanged under or arising from these Terms, including technical configurations, API credentials, usage data, and payment records, shall be treated as confidential by both parties. Confidentiality obligations remain in force for 5 years after account termination. Exceptions apply if disclosure is required by law.
    2. ArkLabs does not retain prompt or output data unless explicitly consented to or required for debugging purposes. Personal data is processed strictly in line with the Privacy Policy and applicable laws.
    3. The Customer is strictly prohibited from entering sensitive personal data in the input (e.g. health, religious, biometric, or criminal data). The Customer acknowledges that he/she remains the controller of any personal data he/she enters into the input while using the Service.
    4. No external AI models are trained based on Customer data or Customers input.

  9. PERSONAL DATA

    1. Please see our Privacy Policy.

  10. LIMITATIONS

    1. The Platform and outputs from the Models are provided "as is", without warranty of any kind. ArkLabs provides first line support that you can contact at [email protected].
    2. The Customer acknowledges that AI-generated results may sometimes be inaccurate, outdated, biased, or inappropriate. The Customer shall:
      1. review and validate all AI outputs before relying on them,
      2. avoid using outputs for automated decision-making without human oversight,
      3. understand that results may vary and no warranties are made regarding accuracy;
      4. inform the users of Customer’s products or services using the results of the Services accordingly about the risks described in sections a-c above, and the fact that they communicate with generative AI, as required by AI Act.
    3. To the maximum extent permitted by law, ArkLabs disclaims all liability for:
      1. any use of outputs in critical or legal decision-making;
      2. Indirect, incidental, or consequential damages;
      3. loss of profits;
      4. effects of the improper use of the Service by the Customer;
      5. effects of any breach by the Customer of the provisions of the Terms of Service;
      6. effects of any content made available by the Customer while using the Services or created by Model.
    4. ArkLabs shall be liable to the Customer for the non-performance or improper performance of Services on general terms. The liability of ArkLabs to the Customer in connection with the Service provided, is in any event limited to the value of the fees paid by the Customer in connection with the purchase of such Service in the last 3 months preceding the event giving rise to the liability of ArkLabs. The liability of ArkLabs for lost profits is excluded to the fullest extent permitted by the applicable law.
    5. ArkLabs in connection with the Services provided to the Customer, shall not be liable for permanent or temporary inability to provide the Service and for failure to perform or improper performance of the Service as a result of force majeure or other circumstances for which ArkLabs is not liable under generally applicable laws.
    6. You agree to indemnify, defend, and hold harmless ArkLabs, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
      1. your access to or use of the Services or AI outputs;
      2. your violation of these Terms of Services, license, use policies, or of any applicable law or regulation;
      3. any content, prompts, data, or materials you submit to the Platform;
      4. your use of model outputs in a manner that causes harm, infringes intellectual property rights, violates privacy or data protection laws, or results in any third-party claim.
    7. This indemnity obligation will survive the termination or expiration of your access to the Platform.

  11. COMPLAINTS

    12. Complaints about the Services should be submitted by e-mail to: [email protected] ArkLabs will consider the complaint within 14 (in words: fourteen) days of receipt. A response to the complaint will be sent to the email address of the Customer making the complaint indicated during Registration.

  12. TERMINATION OF THE CONTRACT.

    1. The Agreement between the Parties is for an indefinite period.
    2. ArkLabs and the Customer have the right to terminate the use of the Services and to terminate the Agreement at any time without stating a reason provided that 30 days' notice is given.
    3. The moment of termination of the Services under the Agreement shall be deemed to be the moment of deletion of the account by the Customer - which is tantamount to the termination and ending of the Agreement. For the termination to be effective, a documentary form is sufficient (e.g. sending information by e-mail).
    4. ArkLabs has the right to terminate the Agreement and the Account with immediate effect in the event of any breach of this Agreement by the Customers, or use of the Model that is not compliant with the applicable law, license, acceptable use policy or model card.

  13. FINAL PROVISIONS

    1. The Terms of Service are made available free of charge at the following link: https://ark-labs.cloud/terms/, in a form that allows it to be downloaded, saved and printed.
    2. ArkLabs informs, and the Customer agrees, that any notifications, information or other communications from ArkLabs related to the provision of the Services will be sent electronically to the email address of the Customer indicated in the registration form.
    3. ArkLabs has the right to make changes to the provisions of the Terms of Service. If changes are made to the Terms of Service, ArkLabs will update the text on the website and make the information available to the Customer within the Platform at least 7 days in advance. If the Customer does not agree to the new text of the Terms of Service, the Agreement may be terminated upon 7-days notice. Any amendment to the Terms of Service shall come into force on the date of its announcement.
    4. If any provision of these Terms of Service is held to be invalid, illegal, or unenforceable by a court or other competent authority, such provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other part of these Terms of Service.
    5. The court of competent jurisdiction for any disputes arising from the Agreement shall be the common court with jurisdiction over the ArkLabs’s place of business.
    6. The Terms of Service were last updated 01/07/2025.