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Arche Industries, Inc.

Terms of Service

Last updated: July 9, 2026

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. These Terms of Service (these “Terms”) are a binding agreement between Arche Industries, Inc., a Delaware corporation (“Arche,” “we,” “us,” or “our”), and you. These Terms govern your access to and use of the websites located at arche.co and any subdomains, and the products, applications, tools, and services we make available through them, including our AI agent (“Smith”) and our community design catalog (“Scrapyard”) (collectively, the “Services”).

By clicking “I agree” (or a similar button or checkbox), creating an account, or accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not access or use the Services.

IMPORTANT: SECTION 18 CONTAINS A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS HOW DISPUTES BETWEEN YOU AND ARCHE ARE RESOLVED AND REQUIRES DISPUTES TO BE ARBITRATED ON AN INDIVIDUAL BASIS, SUBJECT TO A LIMITED RIGHT TO OPT OUT DESCRIBED IN SECTION 18.

1. Eligibility

You must be at least 18 years old (or the age of legal majority in your jurisdiction, if higher) to use the Services. The Services are not directed to, and may not be used by, anyone under 18. If we learn that a user is under 18, we may suspend or terminate the account.

By using the Services, you represent that you meet these requirements, that any registration information you submit is accurate, and that you are not barred from using the Services under applicable law, including U.S. export control and sanctions laws.

2. Your Account

To use most features of the Services, you must create an account, which may include signing in through a third-party identity provider such as Google. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at support@arche.co if you suspect unauthorized use of your account. We are not liable for losses arising from unauthorized use of your account to the extent it results from your failure to safeguard your credentials.

3. The Services

The Services include Smith, an AI-powered agent that can converse with you and interface with engineering tools, edit scripts, and perform computer-aided design (CAD) operations, and Scrapyard, a community interface where users can browse and interact with catalog parts and designs shared by Arche and other users.

The Services are under active development. We may add, change, suspend, or remove features or functionality of the Services at any time, and we may impose or modify limits on usage (including Token accrual, consumption rates, and rate limits) in our discretion. We will use reasonable efforts to notify you of material adverse changes to a paid subscription during your then-current billing period.

4. Free Tier and Credits

Usage of the Services is metered in “Credits”, a unit of measurement we use to track consumption of computing resources by your use of the Services. Credit consumption rates vary by feature and are determined by Arche.

When you create an account, you will receive a Free Tier Credit allotment of Credits which refresh every 8 hours, up to a monthly limit to be set by the Company from time to time. Once your Free Tier allotment is exhausted, you may purchase a Pro subscription for further usage of the metered features of the Services. Free Tier allotments have no cash value, are non-transferable, may not be redeemed or exchanged, and may be modified or discontinued by Arche at any time.

5. Pro Subscription, Billing, and Token Purchases

5.1 Pro Subscription. Our paid plan (“Pro”) is a monthly subscription with pricing to be set by the Company from time to time, initially US $50.00 per month, plus applicable taxes. Each monthly billing period, your Pro subscription includes a usage limit of at least 75.00 Credits (“Subscription Credits”). Subscription Credit usage will additionally be subject to a limit of no less than 25.00 Credits within a “Usage Session”. Usage sessions are windows which refresh every 8 hours. Subscription Credits do not roll over into subsequent billing periods. If your subscription is canceled, expires, or is terminated, any accrued Subscription Credits are forfeited without refund.

5.2 Top-Up Credits. Active Pro subscribers may purchase additional Credits (“Top-Up Credits”) on a pay-as-you-go basis at the prices displayed at the time of purchase. Top-Up Credits expire 1 year from the purchase date and are forfeited if your account is terminated for your breach of these Terms or if you delete your account. Top-up credits shall survive termination and shall remain usable once a subscription ends through their respective expiration period(s) as provided for in Section 5.1.

5.3 Automatic Renewal. BY PURCHASING A PRO SUBSCRIPTION, YOU AUTHORIZE ARCHE (THROUGH ITS PAYMENT PROCESSOR) TO CHARGE YOUR PAYMENT METHOD THE APPLICABLE SUBSCRIPTION AMOUNT THEN ASSESSED (INITIALLY US $50.00) PLUS APPLICABLE TAXES EACH MONTH ON A RECURRING BASIS UNTIL YOU CANCEL. YOUR SUBSCRIPTION AUTOMATICALLY RENEWS EACH MONTH UNLESS YOU CANCEL BEFORE THE START OF THE NEXT BILLING PERIOD. YOU MAY CANCEL AT ANY TIME THROUGH YOUR ACCOUNT SETTINGS OR BY CONTACTING SUPPORT@ARCHE.CO.

5.4 Cancellation; No Refunds. If you cancel, your cancellation takes effect at the end of your then-current monthly billing period: you will retain access to Pro through the end of that period and will not be charged for subsequent periods. Except where required by applicable law, all payments are non-refundable and non-creditable, and we do not provide refunds or credits for partial billing periods, unused Subscription Credits, or unused Top-Up Credits.

5.5 Payment Processing. Payments are processed by third-party payment processors, currently Stripe, Inc. (“Stripe”), using credit cards and other payment methods enabled through Stripe. Your payment information is provided directly to and processed by our payment processor, and its handling of your information and your use of its services are governed by its own terms and privacy policy. You represent that you are authorized to use the payment method you provide, and you authorize us and our payment processor to charge that payment method for all amounts due. You are responsible for keeping your payment information current; we may suspend or terminate your subscription if a charge fails or is reversed.

5.6 Price and Plan Changes. We may change subscription prices, Token allotments, Token consumption rates, or plan features from time to time. Price changes to an existing subscription will take effect no earlier than the start of your next billing period after we provide you notice (e.g., by email or in-product notice), and your continued use of the Services after the change takes effect constitutes acceptance. If you do not agree to a change, your sole remedy is to cancel your subscription before the change takes effect.

5.7 Taxes. Stated prices exclude taxes. You are responsible for all sales, use, value-added, and similar taxes associated with your purchases, other than taxes based on Arche’s net income.

6. Your Content and Outputs; Ownership; Licenses

6.1 Definitions. “Inputs” means the prompts, instructions, scripts, files, designs, data, and other content you submit to the Services. “Outputs” means the designs, models, scripts, text, and other content generated by the Services in response to your Inputs. Inputs and Outputs are collectively “Your Content.” Your Content does not include Feedback (Section 8), Usage Data (Section 9), or content owned by Arche or other users.

6.2 You Own Your Content. As between you and Arche, you retain all right, title, and interest in and to Your Content, and, to the extent permitted by applicable law, Arche assigns to you its right, title, and interest, if any, in Outputs. You are solely responsible for Your Content, including its accuracy, legality, and your right to submit it, and you represent that Your Content will not infringe, misappropriate, or violate any third party’s intellectual property, privacy, or other rights.

6.3 License You Grant Us. You grant Arche a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, store, reproduce, modify, adapt, transmit, display, and otherwise use Your Content: (a) to provide, maintain, secure, and support the Services; (b) to develop, improve, and train the Services and Arche’s underlying models, software, and technology; (c) to enforce these Terms and comply with applicable law; and (d) as described in Section 9 (Data We Collect; Human Review). This license applies to all users, whether on the Free Tier or a paid subscription, and survives termination of these Terms with respect to uses commenced before termination (including continued use of models and improvements developed using Your Content).

6.4 Similar Output. You acknowledge that, due to the nature of machine learning and generative systems, Outputs may not be unique to you and the Services may generate the same or similar output for other users. Arche makes no representation that Outputs are protectable by intellectual property rights or do not infringe third-party rights.

7. Scrapyard Community Sharing

7.1 Sharing Is Your Choice. Your Content is not shared with other users unless you take an affirmative action to publish, post, or otherwise share it to Scrapyard or another shared area of the Services (“Shared Content”).

7.2 License to Arche and Other Users. When you post Shared Content, you grant (a) Arche a worldwide, non-exclusive, royalty-free, sublicensable license to host, reproduce, modify, adapt, publish, publicly display, and distribute the Shared Content in connection with operating, providing, and promoting the Services, and (b) each user of the Services a non-exclusive license to access, view, and interact with the Shared Content through the Services as enabled by the features of Scrapyard (e.g., providing signals or reactions and incorporating catalog parts into their own designs, if and as those features permit).

7.3 Removal. You may remove Shared Content from Scrapyard, but you acknowledge that copies may persist in backups for a period of time, that removal does not terminate licenses already exercised (e.g., a design another user already incorporated), and that Arche may retain Shared Content as required by law or as described in Section 9.

8. Feedback

If you provide suggestions, ideas, bug reports, or other feedback about the Services, including through the in-product feedback tool (“Feedback”), you grant Arche a perpetual, irrevocable, worldwide, royalty-free license to use the Feedback for any purpose without restriction or compensation to you.

9. Data We Collect; Human Review

We collect, store in our databases, and use information about your use of the Services, including:

Human review. You acknowledge and agree that the information described above, including Your Content, may be reviewed by Arche’s employees and contractors for purposes of operating, securing, supporting, developing, and improving the Services, investigating abuse, and enforcing these Terms. Do not submit content to the Services that you are not comfortable being reviewed for these purposes, and do not submit content you are prohibited from disclosing (including third-party confidential information or personal data you lack the right to share).

Usage Data. We may also collect and use aggregated, de-identified, or statistical data regarding use and performance of the Services (“Usage Data”) for any lawful purpose, provided Usage Data does not identify you.

Our collection and use of personal information is (or will be) further described in our Privacy Policy located at arche.co/privacy, which is incorporated into these Terms by reference.

10. Acceptable Use

You will not, and will not permit or assist anyone else to:

We may investigate suspected violations and may suspend or terminate access as described in Section 14.

11. Arche Intellectual Property

The Services, including all software, models, interfaces, designs, text, graphics, catalog content provided by Arche, and all related intellectual property rights (collectively, “Arche Technology”), are owned by Arche or its licensors. Except for the limited rights expressly granted in these Terms, no right, title, or interest in the Arche Technology is granted to you, and all rights not expressly granted are reserved. Subject to these Terms, Arche grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your internal, personal, or business purposes during the term of these Terms. “Arche,” “Smith,” “Scrapyard,” and associated logos are trademarks of Arche; you may not use them without our prior written permission.

12. Important Notice About AI-Generated Output

The Services use artificial intelligence and machine learning technologies that are probabilistic and experimental in nature. Outputs may be inaccurate, incomplete, insecure, non-functional, or unsafe, and may not comply with applicable engineering standards, codes, or regulations. Outputs are provided for informational and development purposes only and are not professional engineering advice.

You are solely responsible for evaluating, testing, and independently verifying all Outputs before relying on them, and in particular before manufacturing, fabricating, assembling, distributing, or operating any physical part, product, or system based on an Output. You will ensure that any real-world use of Outputs is reviewed by qualified professionals and complies with all applicable laws, regulations, standards, and certification requirements. You will not use the Services or Outputs in connection with safety-critical applications — including without limitation life support, medical devices, aviation, automotive safety systems, nuclear facilities, or other applications where failure could result in death, personal injury, or severe physical or environmental damage — without independent professional verification and validation. Arche does not conduct human review of Outputs for accuracy or safety and has no obligation to do so.

13. Third-Party Services

The Services may interoperate with or depend on third-party services, including Google sign-in, Stripe payment processing, and third-party AI model providers and cloud infrastructure. Your use of third-party services is governed by their own terms and privacy policies, and Arche is not responsible for third-party services or their acts or omissions.

14. Term; Suspension; Termination

These Terms apply from your first acceptance or use of the Services until terminated. You may stop using the Services and delete your account at any time. We may suspend or terminate your access to all or part of the Services, with or without notice, if we reasonably believe you have violated these Terms, if your use poses a risk to the Services or others, if required by law, or upon discontinuation of the Services. Upon termination: (a) your licenses to the Services end and you must cease use; (b) accrued Subscription Credits and, in the case of termination for your breach, Top-Up Credits are forfeited without refund; (c) Sections that by their nature should survive (including Sections 5.4, 6, 8, 9, 12, and 15 through 20) survive; and (d) we may, but are not obligated to, delete Your Content, subject to our Privacy Policy and applicable law. Following termination of your account, you may, at the Company’s discretion and upon your prior written request, have an export window for Your Content for up to thirty (3o) days.

15. Disclaimers of Warranties

THE SERVICES, TOKENS, AND ALL OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARCHE AND ITS LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) IN NO EVENT WILL ARCHE OR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUES, LOST DATA, LOSS OF GOODWILL, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; AND (B) ARCHE’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (i) THE AMOUNTS YOU PAID TO ARCHE FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (ii) ONE HUNDRED U.S. DOLLARS (US $100).

THE LIMITATIONS IN THIS SECTION DO NOT LIMIT OR EXCLUDE LIABILITY FOR ARCHE’S FRAUD OR WILLFUL MISCONDUCT OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

17. Indemnification

To the maximum extent permitted by law, you will defend, indemnify, and hold harmless Arche and its officers, directors, employees, contractors, and agents from and against any claims, proceedings, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) Your Content or Shared Content; (b) your use of the Services or Outputs, including any product, part, or system you make, distribute, or operate based on Outputs; (c) your violation of these Terms; or (d) your violation of applicable law or the rights of a third party. We may assume the exclusive defense and control of any matter subject to indemnification by you (without relieving your indemnification obligations), and you will cooperate with our defense. This Section does not apply to the extent prohibited for consumers under applicable law.

18. Dispute Resolution: Mandatory Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND ARCHE TO ARBITRATE DISPUTES ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF, INCLUDING BY WAIVING THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.

18.1 Informal Resolution First. Before filing an arbitration demand, you and Arche agree to try to resolve any dispute informally. You will send a written notice of dispute to Arche at legal@arche.co describing the dispute and the relief sought, and Arche will do the same to the email address associated with your account. If the dispute is not resolved within sixty (60) days of the notice, either party may commence arbitration.

18.2 Agreement to Arbitrate. You and Arche agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services (collectively, “Disputes”) will be resolved by final and binding arbitration administered by JAMS under its Streamlined Arbitration Rules / the American Arbitration Association under its Consumer Arbitration Rules, by a single arbitrator. The arbitration will be conducted in English and, at your election, by videoconference, on the basis of written submissions, or in person in San Francisco, California. The Federal Arbitration Act governs the interpretation and enforcement of this Section. The arbitrator has exclusive authority to resolve any Dispute regarding the interpretation, applicability, or enforceability of this arbitration agreement, except that a court will decide the enforceability of the class action waiver in Section 18.4.

18.3 Exceptions. Either party may (a) bring an individual claim in small claims court if it qualifies, and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement or misappropriation of intellectual property rights or unauthorized access to the Services.

18.4 Class Action Waiver. YOU AND ARCHE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims and may award relief only in favor of the individual party seeking relief. If this class action waiver is found unenforceable as to a particular Dispute, then that Dispute (and only that Dispute) shall proceed in court, and the remainder of this Section 18 will continue to apply.

18.5 Fees. Payment of filing, administration, and arbitrator fees will be governed by the applicable arbitration provider’s rules.

18.6 30-Day Opt-Out. You may opt out of this arbitration agreement and class action waiver by emailing legal@arche.co within thirty (30) days of first accepting these Terms, with your name, account email, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other provision of these Terms.

18.7 Time Limit. To the extent permitted by law, any Dispute must be filed within one (1) year after the claim arose; otherwise, it is permanently barred.

19. Governing Law and Venue

These Terms and any Dispute are governed by the laws of the State of Delaware and the Federal Arbitration Act, without regard to conflict of laws principles. For any claim not subject to arbitration under Section 18, the exclusive jurisdiction and venue will be the state and federal courts located in San Francisco County, California, and you and Arche consent to personal jurisdiction in those courts.

20. Changes to These Terms; General Provisions

20.1 Changes to These Terms. We may update these Terms from time to time. If we make material changes, we will provide notice (e.g., by email, in-product notice, or by updating the “Last Updated” date and, where required by law, requesting renewed acceptance). Changes take effect upon posting unless the notice states otherwise, and your continued use of the Services after changes take effect constitutes acceptance. Material changes to Section 18 (Arbitration) will not apply to Disputes for which either party had actual notice before the change.

20.2 Entire Agreement; Severability; Waiver. These Terms, together with the Privacy Policy and any policies referenced herein, are the entire agreement between you and Arche regarding the Services and supersede all prior agreements on that subject. If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions will remain in full force. A failure to enforce any provision is not a waiver of it.

20.3 Assignment. You may not assign or transfer these Terms or your account without our prior written consent. Arche may assign these Terms without your consent, including in connection with a merger, acquisition, reorganization, or sale of assets.

20.4 Export and Sanctions Compliance. You will comply with all applicable export control and sanctions laws, and you represent that you are not located in, a national of, or acting on behalf of a country or person subject to U.S. sanctions or on any U.S. government restricted-party list.

20.5 No Third-Party Beneficiaries; Independent Parties. These Terms do not create any third-party beneficiary rights, and nothing in these Terms creates any partnership, joint venture, employment, or agency relationship between you and Arche.

20.6 Force Majeure. Arche will not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, labor disputes, governmental action, or failures of the Internet, utilities, or third-party services.

20.7 Notices. We may provide notices to you by email to the address associated with your account or through the Services, and such notices are deemed given when sent or posted. You may send legal notices to Arche Industries, Inc., via email to legal@arche.co.

20.8 Contact. Questions about these Terms or the Services may be sent to support@arche.co.