By clicking "Agree" at first launch or during a license purchase, or by downloading, installing, purchasing a license for, or using ArcBrush ("the Software"), you agree to be bound by these terms and conditions ("Terms"). If you use the Software or purchase or accept a license on behalf of an organization, you represent that you have authority to bind that organization. If you do not agree to these Terms, do not use the Software or purchase a license.

1. License Grant

1.0 Definitions

"Free Editor" means, as a forward-looking union: (a) every feature of the Software available without charge in any release on or before the date ArcBrush first introduces paid tiers, plus (b) any feature ArcBrush later makes available without a Pro License or Studio License. Once a feature is part of the Free Editor it remains so.
"Pro Features" means the features ArcBrush designates as requiring a Pro License or Studio License, identified in the Software by the entitlement gate. As of the effective date these are (illustrative, and including successors, renames, and substantially similar replacements of the foregoing): the high-bit-depth / floating-point ("32-bit float") processing pipeline and 16-bit, OpenEXR, and OCIO-managed export. ArcBrush may designate additional Pro Features but will not reclassify any feature that is part of the Free Editor as a Pro Feature.
"Commercial Use" means use in the course of, or to produce assets or output for, a business, trade, or profession, or any use that generates revenue.
"Gross Revenue" means the total gross revenue, before costs, of you and your Affiliates over the trailing twelve (12) months. (Funding is a separate test - see "Outside Funding"; the two are not summed.)
"Outside Funding" means the total investment, grant, or financing received by you and your Affiliates over the trailing twenty-four (24) months.
"Affiliate" means any person or entity that controls, is controlled by, or is under common control with you; and, where you use the Software in the course of employment by, or as a controlled contractor of, an entity, that entity. (A one-off, arm's-length client engagement does not make the client your Affiliate.)
"Seat" means one (1) named individual authorized to use the Pro Features under a Studio License.

1.1 Free / Personal License

ArcBrush LLC grants you a perpetual, worldwide, royalty-free, non-exclusive, non-transferable license to install and use the Free Editor for personal, educational, and other non-commercial purposes, on any number of devices you own or control. This Free / Personal License is not revoked, reduced, or otherwise diminished by ArcBrush's introduction of paid tiers or Pro Features; the Free Editor build you have received remains licensed to you under this Section 1.1, and is not subject to revocation except as required by applicable law or upon your material breach of Section 2 (Restrictions). If you obtained the Software before ArcBrush introduced commercial licensing, you retain free Commercial Use of the version you have received as of that date; the requirement to hold a Pro or Studio License for Commercial Use applies to use going forward.

1.2 Pro (Individual) License

Commercial Use of the Software, and any use of the Pro Features, requires a Pro License (or a Studio License under Section 1.3). Subject to your purchase of a Pro License and continuing compliance, ArcBrush grants one (1) named individual a perpetual, non-exclusive, non-transferable (except to the extent transfer rights cannot be excluded under applicable law) license to use the Pro Features, including for Commercial Use, provided that the named individual (who is the warrantor and licensee) warrants and represents that (a) Gross Revenue does not exceed Two Hundred Fifty Thousand U.S. Dollars (US$250,000) and (b) Outside Funding does not exceed One Million U.S. Dollars (US$1,000,000). A Pro License is perpetual for the major version of the Software for which it is issued (for example, version 1.x): it covers that major version indefinitely, including all maintenance and minor updates and any Pro Features added within that major version, and it does not expire. ArcBrush may charge separately for future major-version upgrades or for new products; a Pro License issued for an earlier major version remains valid for that major version whether or not you purchase an upgrade. A Pro License is for one named individual and may be used by that individual for their own freelance, sole-proprietor, or personal commercial work while they remain within the eligibility limits above; use by employees, contractors, or other personnel on behalf of a company, studio, or other organization requires a Studio License unless ArcBrush agrees otherwise in writing. A Pro License may not be purchased by, or assigned to, an entity, and does not authorize deployment of the Pro Features to additional individuals; entities and multi-user deployments require a Studio License. If you cease to qualify for a Pro License (for example, Gross Revenue or Outside Funding later exceeds the limits above), you must obtain a Studio License within thirty (30) days or stop Commercial Use of the Software and use of the Pro Features; output created while you were properly licensed remains governed by Section 1.5.

1.2a Trial License

ArcBrush may grant a time-limited evaluation license to use the Pro Features (the "Trial"), one per account, which automatically terminates to the Free / Personal License at expiry and confers no perpetual right to the Pro Features. Notwithstanding Section 1.2, during the Trial you may operate the Pro Features to evaluate the Software, including on your own commercial or client project files. The Trial does not authorize Commercial Use of Trial output: output created during the Trial may not be published, distributed, sold, or used in commercial production or in client deliverables unless and until you acquire a Pro License or Studio License; for clarity, this includes incorporating Trial output into a shipped or monetized product and delivering Trial output to a client or employer. Upon your acquisition of such a license, output you created during the Trial is governed by Section 1.5; absent such a license, Trial output is licensed for personal and non-commercial use only.

1.2b Educational License

ArcBrush may make the Pro Features available free or at a discount to accredited students, educators, and non-profit institutions for non-commercial educational use; no revenue or funding warranty applies, and an Educational License does not authorize commercial production.

1.3 Studio / Commercial License

(a) Eligibility and Seats. Any person or entity that does not qualify for a Pro License under Section 1.2, or that wishes to make the Pro Features available to more than one individual, must obtain a Studio License. A Studio License is granted per Seat. Each Seat authorizes one (1) named individual, using that individual's own ArcBrush account, to use the Software, including the Pro Features, for Commercial Use. You warrant and represent that the Seat and tier-selection information you provide is accurate and complete, that you will not exceed the number of Seats purchased, and, if you purchase or accept a Studio License for an organization, that you have authority to bind it. A one-Seat self-service purchase must be made through the account of the named individual who will use that Seat. Purchases for another individual and multi-Seat purchases may require an assisted sales process.

(b) Fixed Term; No Automatic Renewal. Unless expressly stated otherwise when granted or purchased, each Studio License has a fixed term of twelve (12) calendar months and does not renew automatically. ArcBrush will not charge you for another term unless you make a new purchase. The initial term begins when the Studio License is granted or the purchase is fulfilled, as shown in your account. It ends at the same time of day, in UTC, on the corresponding calendar date twelve months later; if that month has no corresponding date, it ends on the final day of that month. ArcBrush will make reasonable efforts to send expiry reminders, but timely renewal remains your responsibility.

(c) Renewal Timing. A renewal purchased before the current term ends adds twelve (12) calendar months beginning at the existing term end, so you do not lose unused time. A renewal purchased during the Renewal Window described below also begins at the previous term end and covers the intervening period. A purchase after the Renewal Window begins a new twelve-month term when that purchase is fulfilled.

(d) Technical Grace and Renewal Window. When a Studio term ends, ArcBrush will continue to make the Pro Features available through the account for seven (7) days, until but not including the instant seven days after the term end (the "Technical Grace"). The Technical Grace is an access buffer and does not itself extend the Studio term. After Technical Grace, the Pro Features lock unless another active license applies; the Free Editor remains available for personal and non-commercial use.

For thirty (30) days after the Studio term ends, until but not including the instant thirty days after the term end (the "Renewal Window"), you may cure the lapse by purchasing a renewal. If you renew within the Renewal Window, continued Commercial Use of the Software and use of the Pro Features after the prior term ended are treated as licensed and are not a breach of these Terms. If you do not renew within the Renewal Window, that post-expiry use is not covered by the Studio License, and all Commercial Use of the Software and use of the Pro Features must stop no later than the end of the Renewal Window unless another license applies. Section 1.5 applies to output created during the Renewal Window whether or not you renew.

Expiry, Technical Grace, or lapse does not cause ArcBrush to delete your project files. Files remain openable in the Free Editor to the extent supported by the Software, but Pro-only functionality, processing precision, or export options may be unavailable unless you hold an active Pro or Studio License.

(e) Reassignment. A Seat may be reassigned to a different named individual at reasonable intervals, for example when staff or contractors change. Reassignment changes the named user of the Seat; it does not transfer the underlying Studio License to a different person or entity. Reassignment may not be used to share one Seat among multiple concurrent users, avoid purchasing required Seats, or circumvent the Seat count.

(f) Additional Terms. Additional Studio terms, including purchased Seat count, floating seats, SSO, or support, are as expressly stated at purchase or in a written order form signed or accepted by ArcBrush.

1.4 Self-Attestation and Audit

When you select or purchase a license tier, you warrant that the information you provide is accurate and complete. For a Pro License, this includes the Gross Revenue and Outside Funding information described in Section 1.2. For a Studio License, this includes the number and identity of Seats, your authority to act for an organization where applicable, and any other information requested to administer the Studio License. ArcBrush may, on reasonable prior notice and no more than once in any twelve (12)-month period, first request a renewed self-attestation, and only if that is contested request documentation reasonably and proportionately sufficient to verify eligibility or Seat use. ArcBrush will handle that information under the Privacy Policy and minimize it to what is reasonably necessary. If you obtained or retained a Pro or Studio License through a material and willful inaccurate declaration and fail to cure within thirty (30) days after notice, ArcBrush may suspend or revoke that Pro or Studio License and the corresponding entitlement to the Pro Features, in addition to other remedies at law. Suspension or revocation under this Section does not terminate your Free / Personal License under Section 1.1, which survives.

1.5 Output and Project Files Survive

Assets and output you created while holding a Pro License or Studio License remain yours; your right to use, reproduce, and distribute them survives expiry, downgrade, refund, or revocation of that license. ArcBrush does not acquire ownership of your project files, and license expiry does not itself delete them. Only your right to use the Pro Features and, where applicable, to make Commercial Use of the Software going forward is affected. Output created during a Trial is governed by Section 1.2a until you acquire a Pro License or Studio License, after which this Section 1.5 applies to that output as well. Output created during a Studio Renewal Window is governed by Section 1.3(d).

1.6 License Integrity; Revocation for Unauthorized Distribution

Your license file, license keys, and entitlement credentials are for use solely by the individual(s) licensed under this Section 1. You may not publish, share, sell, or distribute them, or otherwise make them available to any person not licensed under them, including by posting them publicly or on the internet. If ArcBrush reasonably determines that a license file or key has been distributed or is being used beyond its authorized users, ArcBrush may suspend or revoke that license and the corresponding entitlement to the Pro Features, in addition to other remedies at law. If your license file was distributed without your fault (for example, it was stolen), contact us at contact@arcbrush.com and we will work with you in good faith to revoke the compromised file and issue a replacement. If you believe a suspension or revocation under this Section was made in error, contact us at contact@arcbrush.com and we will review it in good faith. Suspension or revocation under this Section does not terminate your Free / Personal License under Section 1.1, which survives, and does not affect Section 1.5 (Output and Project Files Survive).

1.7 Reservation of Rights

All rights not expressly granted in this Section are reserved by ArcBrush LLC.

2. Restrictions

You may not:

Reverse engineer, decompile, or disassemble the Software, except to the extent permitted by applicable law.
Remove, alter, or obscure any copyright, trademark, or other proprietary notices in the Software.
Redistribute, sublicense, rent, lease, or lend the Software to third parties.
Publish, share, or distribute a license file, license key, or entitlement credential to any person not licensed to use it, or use one that you know, or reasonably should know, was distributed without authorization (see Section 1.6).
Use ArcBrush confidential information or non-public materials, license files, keys, or entitlement credentials, or reverse engineering of the Software beyond what applicable law permits, to create or improve a competing product.
Use the Software for any unlawful purpose or in violation of any applicable laws or regulations.

3. Cloud Nodes

The Software includes two optional "Cloud" nodes - Remove Background and Upscale - that send images through ArcBrush's cloud service to a third-party image-processing provider rather than processing them on your device. Using them requires a free account. By using these features:

You acknowledge that the input image is sent through ArcBrush's cloud service to a third-party image-processing provider to produce the result, and is used only to provide the requested result, as described in the Privacy Policy.
You are solely responsible for the images you process, including compliance with applicable laws, third-party rights, and any content rules disclosed in the Privacy Policy or at the point of use.
ArcBrush does not claim ownership of content you create using the Software.
The Software does not provide generative AI image creation.

4. License Purchases and Payments

Commercial Use of the Software, and use of the Pro Features, requires a one-time Pro License or a fixed-term, per-Seat Studio License as described in Section 1. The Free Editor remains free for personal and non-commercial use.
ArcBrush LLC may offer a time-limited free Trial that unlocks the Pro Features for evaluation, including on commercial project files, and then reverts to the Free / Personal License. Commercial Use of Trial output requires a Pro or Studio License (Section 1.2a).
Seller, payment provider, and receipts. ArcBrush LLC is the seller and licensor of Pro and Studio Licenses unless the point of purchase expressly identifies a different seller. A third-party checkout provider may act as payment processor, merchant of record, or agent and may present its own payment terms, privacy notice, refund protections, and official receipt. Those terms govern its payment and checkout services; these Terms govern ArcBrush's license grant and the Software. ArcBrush does not receive or store your full payment-card number. A checkout provider may save a payment method if you choose to use its wallet or saved-payment service.
ArcBrush LLC reserves the right to modify license pricing at any time. A price change does not affect a license you have already purchased.
Refunds, payment disputes, and chargebacks. ArcBrush's voluntary refund policy is described at https://arcbrush.com/refund-policy. It applies independently of, and in addition to, non-waivable statutory rights and any additional protection administered by the checkout provider under its terms. If ArcBrush or the checkout provider issues a full refund for a license purchase, or a payment dispute or chargeback is resolved against the purchase, the corresponding license or the term attributable to that order may be revoked or reversed (see Section 1.6). A refunded Studio order is removed when ArcBrush calculates the remaining Studio term; later valid purchases remain in effect. Studio access may continue on an offline device until its current signed entitlement expires or the device next refreshes. Refund, reversal, or revocation affects future use of the Pro Features and, where applicable, Commercial Use going forward; it does not affect output covered by Section 1.5, except as required by law.
Digital delivery. A Pro License is delivered immediately upon purchase as a downloadable and emailed license file. An initial Studio License is delivered by immediate activation on the associated account. A Studio renewal is recorded immediately, but the added term begins as provided in Section 1.3(c).
Withdrawal / cooling-off. Where applicable law grants a statutory right of withdrawal or cancellation for digital content, digital services, or an account-bound license and permits that right to be lost or waived when immediate supply begins, ArcBrush or the checkout provider will request any required prior express consent to immediate supply and acknowledgment of the resulting loss of that right before delivery begins. That request may appear on an ArcBrush purchase page immediately before transfer to the hosted checkout or within the checkout itself. Where required, confirmation of the consent and acknowledgment will be provided by email or another durable medium. If the required consent, acknowledgment, or confirmation is not validly obtained, your statutory rights remain in effect to the extent provided by applicable law. ArcBrush's voluntary refund policy is separate from statutory withdrawal rights. Nothing in these Terms limits any consumer right that cannot be waived.

5. Accounts

A Pro License can be purchased and installed without creating an account. You may create a free account to manage purchases, re-send license files, start a Trial, or use the two Cloud nodes (Remove Background and Upscale); a free account is required for Trial activation and for the Cloud nodes (see Section 3). No account is required for the rest of the editor.
A Studio License is account-bound. Purchasing, activating, renewing, and refreshing a Studio License requires an ArcBrush account associated with the named Seat. A one-Seat self-service purchaser must be the named individual using that account unless ArcBrush agrees otherwise through an assisted sale.
You are responsible for maintaining the security of your account credentials.
You must provide accurate information when creating an account.
ArcBrush LLC reserves the right to suspend or terminate accounts that violate these Terms.

6. Age Requirement

You must be at least 13 years of age to use the Software and create an account. By using the Software, you represent that you meet this age requirement. If you are under the age of majority in your jurisdiction, you must have your parent or legal guardian's permission to use the Software and agree to these Terms. A paid license purchase by or for a person under the age of majority must be made or expressly authorized by a parent, legal guardian, or other person legally permitted to enter the transaction.

We do not knowingly collect personal information from children under 13. If we become aware that we have collected personal information from a child under 13, we will take steps to delete that information promptly. If you believe we have inadvertently collected information from a child under 13, please contact us at contact@arcbrush.com.

7. Data Collection and Privacy

The Software may collect pseudonymous usage telemetry (a random install identifier, application version, operating system, and session metrics) to improve the application. Telemetry can be disabled in Settings. Telemetry does not include your name, email address, images, project content, file names, or file paths.
Account information (including email address and account identifier) is stored securely on our servers and is used for authentication, licensing, purchase administration, support, security, and account and license communications.
We do not sell your personal information, and we do not share it for cross-context behavioral advertising. We disclose personal information to service providers and processors (such as payment, email, hosting, and image-processing providers) only as described in the Privacy Policy.
License purchases and assent records. For a license purchase, ArcBrush may receive and retain purchase metadata from the checkout provider, including the order or checkout identifier, account and purchaser information, product, amount, currency, discount, tax or payment status, purchase time, refund or dispute status, and the license or Studio term created. ArcBrush may also retain the exact or content-addressed versions of the Terms, Refund Policy, Privacy Policy, Seat attestation, and immediate-delivery consent presented to you, together with your response and timestamp, to administer the license, comply with law, and establish or defend legal claims. ArcBrush does not receive or retain your full payment-card number. Details, retention periods, and your privacy rights are described in the Privacy Policy at https://arcbrush.com/privacy.
Pro license files. A Pro license is delivered as a signed license file (emailed to you as an attachment and a download link at purchase). The file contains the name and email address associated with your purchase and is verified entirely on your device using public cryptographic keys built into the Software; no account, sign-in, or network connection is required to install it or to keep using it, and installing or using it does not transmit a machine fingerprint. When the application is online, it may send the random identifier contained in your license file to our servers to check whether that specific license has been revoked (for example, after a refund, a chargeback, or unauthorized distribution; see Section 1.6). The request does not include your name, email address, machine fingerprint, project files, images, or file paths; as with any internet request, our servers may process ordinary network metadata associated with it, including a salted one-way hash of network address information retained for a limited period, solely to detect license abuse as described in the Privacy Policy. This check never blocks the Software, and the Software works fully offline indefinitely regardless of whether this check ever succeeds. If you sign in to an account that purchased a Pro license, the Software may retrieve and install the same license file automatically. Full details are in the Privacy Policy at https://arcbrush.com/privacy.
Trial and Studio license verification and device binding. When you sign in to an account holding a Trial or Studio license, the Software transmits a pseudonymous machine fingerprint (a one-way SHA-256 hash of an operating-system device identifier; the raw identifier never leaves your device) and your session token to our servers to obtain a signed, time-limited entitlement file. The machine fingerprint is associated with your account solely to count the number of active devices per account and enforce the device limit described below; it is designed so that the underlying hardware details cannot be recovered from it, and it is not used to identify your project files or images or to track your activity outside license verification. The entitlement file is stored in your operating system's secure credential storage and is verified locally at each launch; no continuous network connection is required. When the application is online, it contacts our servers once at launch to refresh the entitlement file and extend the validity window. Full details, including the refresh cadence and grace period, are in the Privacy Policy at https://arcbrush.com/privacy. This paragraph does not apply to Pro licenses, which are not machine-bound (see the preceding paragraph).
Device limit (Trial and Studio only). A Trial or Studio license supports up to three simultaneously active machines (a soft limit). The server enforces this limit using the machine fingerprint described above. You can remove individual devices or reset your device list at Settings > Account > Active Devices without contacting support. A Pro license is not subject to a device limit; the number of individuals authorized to use it is stated in Section 1.2 above.

8. Intellectual Property

The Software, including its code, design, and documentation, is the intellectual property of ArcBrush LLC and is protected by copyright and other intellectual property laws.
Content you create using the Software belongs to you.

9. Copyright Claims (DMCA)

ArcBrush LLC respects the intellectual property rights of others. This Section applies to content hosted or made available through ArcBrush's own services (for example, content you submit to us); the Software itself runs on your device and does not host or publish your projects. If you believe that content hosted by ArcBrush infringes your copyright, you may submit a notice under the Digital Millennium Copyright Act (DMCA) to our designated agent, registered with the U.S. Copyright Office:

Designated Agent: Copyright Agent
ArcBrush LLC
522 W Riverside Ave, STE N
Spokane, WA 99201, USA
Phone: 425-333-8803
Email: contact@arcbrush.com
Subject line: DMCA Takedown Notice

A valid DMCA notice must include:

Identification of the copyrighted work you claim has been infringed.
Identification of the material you claim is infringing, with enough detail for us to locate it.
Your contact information (name, address, email, phone number).
A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law.
A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Your physical or electronic signature.

Upon receipt of a valid notice, we will respond in accordance with the DMCA, which may include removing or disabling access to the allegedly infringing material. We may also terminate the accounts of repeat infringers.

If you believe your content was removed in error, you may submit a counter-notification with: identification of the removed material, a statement under penalty of perjury that the removal was a mistake or misidentification, your contact information, and your consent to the jurisdiction of the federal court in your district. Counter-notifications must be sent to the same email address above.

10. Disclaimer of Warranties

THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ARCBRUSH LLC DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS EXCLUDES OR LIMITS ANY STATUTORY WARRANTY, CONSUMER GUARANTEE, OR OTHER RIGHT THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ARCBRUSH LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, WHETHER INCURRED DIRECTLY OR INDIRECTLY, ARISING FROM YOUR USE OF THE SOFTWARE. ARCBRUSH LLC'S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID ARCBRUSH LLC IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED U.S. DOLLARS ($100) IF YOU HAVE PAID NOTHING. NOTHING IN THIS SECTION EXCLUDES OR LIMITS LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR FOR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, AND DOES NOT LIMIT ANY NON-WAIVABLE CONSUMER RIGHTS.

12. Third-Party Services

The Software integrates with third-party services, including a cloud image-processing service used by the Cloud nodes and payment or checkout providers. Your use of those services is subject to their respective terms and privacy policies. ArcBrush LLC is not responsible for the availability, accuracy, or independent conduct of third-party services, but this sentence does not limit ArcBrush's obligations under Section 4 or any responsibility that cannot lawfully be excluded.

13. Updates

ArcBrush may release updates to the Software from time to time. The Software may check for updates automatically (this can be disabled in Settings). Updates may modify, replace, or remove features for security, compatibility, legal, or product reasons; however, ArcBrush will not use updates to reclassify a feature that is part of the Free Editor as a Pro Feature (Section 1.0) or to revoke a license granted under these Terms except as stated in these Terms, and you may continue to use a version of the Software you are licensed to use, subject to these Terms and applicable law.

14. Termination

These Terms are effective until terminated. You may terminate these Terms at any time by uninstalling the Software from your devices and, if applicable, requesting deletion of your account by contacting us at contact@arcbrush.com. ArcBrush LLC may terminate your license at any time if you violate these Terms. Termination under this Section may terminate a Pro or Studio License but does not terminate the Free / Personal License under Section 1.1, except as required by law or for your material breach of Section 2 (Restrictions). Upon termination, you must cease all use of the Software for which your license has ended and delete all copies you are no longer licensed to use. Sections that by their nature should survive termination, including the Free / Personal License (Section 1.1), Output ownership (Section 1.5), Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Governing Law, will survive.

15. Changes to Terms

ArcBrush LLC may modify these Terms. Updated Terms will be posted at https://arcbrush.com/terms, and each materially different version will be identified by an effective date or immutable version identifier. Material changes will be announced in the Software or by other reasonable means and will apply prospectively, after any notice or renewed acceptance required by applicable law. Changes will not retroactively reduce the Free / Personal License (Section 1.1), your rights in output you have already created (Section 1.5), or a paid license already granted, except as required by law or as expressly provided in these Terms for breach, refund, chargeback, or unauthorized distribution. Your continued use of the Software after changes take effect constitutes acceptance of the updated Terms where permitted by applicable law.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Washington, United States, without regard to conflict of law principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in the State of Washington, and you consent to the personal jurisdiction and venue of such courts. If you are a consumer, this Section does not deprive you of any mandatory rights or protections under the laws of your country or state of residence, including any non-waivable right to bring or defend proceedings in the courts of your place of residence.

17. Indemnification

You agree to indemnify, defend, and hold harmless ArcBrush LLC, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your use or misuse of the Software; (b) your violation of these Terms; (c) your violation of any third-party rights, including intellectual property or privacy rights; or (d) any content you create, upload, or transmit using the Software. This Section applies to the maximum extent permitted by applicable law and, if you are an individual acting as a consumer, only to claims arising from your unlawful use of the Software, your violation of third-party rights, or content you upload or transmit. ArcBrush will provide prompt notice of any claim subject to this Section, allow you reasonable control of the defense, and not settle a claim in a way that imposes non-monetary obligations on you without your consent. You are not required to indemnify ArcBrush to the extent a claim arises from ArcBrush's breach of these Terms, negligence, or willful misconduct.

18. Export Controls

The Software may be subject to United States export control and sanctions laws and regulations, including the Export Administration Regulations and sanctions programs administered by the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC). You may not use, export, re-export, download, or transfer the Software in violation of those laws. You represent that you are not a restricted or blocked person under those laws and that you are not located in a country or region where use, export, or transfer of the Software is prohibited by applicable law.

19. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it enforceable while preserving its intent.

20. Entire Agreement

These Terms, together with any purchase-specific terms expressly shown or agreed at the point of purchase and, for license purchases, the Refund Policy at https://arcbrush.com/refund-policy, constitute the entire agreement between you and ArcBrush LLC concerning the Software and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written. The Privacy Policy at https://arcbrush.com/privacy describes how ArcBrush handles personal information and is incorporated into these Terms to the extent required by applicable law. If purchase-specific terms expressly conflict with these Terms, the purchase-specific terms control only for that purchase and only to the extent of the conflict. No waiver of any provision will be effective unless in writing and signed by an authorized representative of ArcBrush LLC.

21. Contact

If you have questions about these Terms, please contact us at contact@arcbrush.com.

ArcBrush End User License Agreement and Terms of Service