Last Updated: June 7, 2026
Please read these Terms of Service (the "Terms") and our Privacy Notice (https://www.designarena.ai/privacy-policy) ("Privacy Notice") carefully because they govern your use of the website located at www.designarena.ai (the "Site") and the benchmarking platform for facilitating the evaluation and ranking of ML models via AI-generated design outputs (the "App") offered by Arcada Labs Incorporated ("Arcada Labs"). To make these Terms easier to read, the Site, our services and App are collectively called the "Services."
IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND ARCADA LABS THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 16 "DISPUTE RESOLUTION" BELOW FOR DETAILS REGARDING ARBITRATION.
By using our Services, you agree to be bound by these Terms. If you don't agree to be bound by these Terms, do not use the Services.
Please review our Privacy Policy, which also governs your use of the Services, for information on how we collect, use, and share your information.
We may update the Terms from time to time in our sole discretion. If we do, we'll let you know by posting the updated Terms on the Site, to the App and/or may also send other communications. It's important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes. If you don't agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
You may use the Services only if you are 18 years or older and capable of forming a binding contract with Arcada Labs, and not otherwise barred from using the Services under applicable law.
We appreciate feedback, comments, ideas, proposals, and suggestions for improvements to the Services ("Feedback"). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.
Unless otherwise set forth on the Services or as communicated to you by Arcada Labs (e.g., for certain limited additional features or functionality), there are no fees for use of the Services.
Posting Content. Our Services allow you to transmit, upload, and share content such as text (e.g., in posts or prompts), files, documents, graphics, images, music, software, audio, and video. Anything (other than Feedback) that you upload, transmit, or otherwise make available through the Services is referred to as "User Content". Arcada Labs does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content. We are not liable for any statements or representations in your Iser Content provided by you in any area on the Services. You are solely responsible for your User Content to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your User Content.
Permissions to Your User Content. By making any User Content available through the Services you hereby grant to Arcada Labs a irrevocable, perpetual, non-exclusive, transferable, worldwide, fully paid-up, royalty-free license, with right to sublicense through multiple tiers, to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform, exploit, and commercialize your User Content for any business purpose, including without limitation (i) to provide, operate, maintain, and improve the Services and Arcada Labs' other products, services, and technologies, (ii) to sublicense and/or commercialize User Content for fees (or free of charge) with third parties, including via separate agreements between Arcada Labs and third-party organizations, (iii) to train, fine-tune, or otherwise improve machine learning models and computational algorithms, and (iv) to generate data, derived or aggregated in deidentified form, from such User Content or from your use of the Services, including without limitation usage data or trends with respect to the Services ("Service Information"). FOR CLARITY, BY TRANSMITTING USER CONTENT TO THE SERVICES, YOU GRANT ARCADA LABS THE RIGHT TO DISCLOSE, SUBLICENSE, AND COMMERCIALIZE THAT USER CONTENT TO AND WITH THIRD-PARTY ORGANIZATIONS, AND FOR ARCADA LABS TO CHARGE AND RETAIN FEES FOR SUCH THIRD-PARTY ORGANIZATIONS' USE OF THAT USER CONTENT. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE NOT ENTITLED TO ANY COMPENSATION, ROYALTY, OR REVENUE SHARE FROM ARCADA LABS OR ANY THIRD PARTY FOR ANY SUCH USE OR COMMERCIALIZATION OF YOUR USER CONTENT. This license includes, without limitation, the right to use your name, username, image, likeness, and voice, and any trademarks, logos, or other identifiers contained in or associated with your User Content, in connection with any exercise of the foregoing rights, including for advertising, marketing, and promotional purposes, in any media now known or hereafter developed.
Your Responsibility for User Content; Data Practices. You are solely responsible for all your User Content. You represent and warrant that: (i) you have (and will maintain at all times) all necessary rights, permissions, consents, licenses, and authority (a) to provide your User Content to the Services and to Arcada Labs, and (b) to grant Arcada Labs the license rights in your User Content under these Terms, including without limitation to enable Arcada Labs to use User Content for training and tuning machine learning models and to share such User Content with third-party partners, including AI providers, who may use such data to improve and develop their products and services, including for machine learning purposes; and (ii) neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Arcada Labs on or through the Services or as authorized by these Terms will infringe, misappropriate, or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. To the maximum extent permitted by applicable law, you waive, and agree not to assert against Arcada Labs or its sublicensees, any and all moral rights (including rights of attribution, integrity, disclosure, and withdrawal) you may have in or to your User Content.
Arcada Labs' Intellectual Property. We may make available through the Services content that is subject to intellectual property rights. We retain all rights to that content.
You agree not to do any of the following:
Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
Post, upload, publish, submit, or transmit any User Content that contains any child sexual abuse material (CSAM) or any content that sexualizes, exploits, or endangers minors in any way;
Use the Services in any unauthorized manner, including without limitation collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited emails, or creating user accounts by automated means or under false pretenses;
Use, display, mirror or frame the Services or any individual element within the Services, Arcada Labs' name, any Arcada Labs trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Arcada Labs' express written consent;
Access, tamper with, or use non-public areas of the Services, Arcada Labs' computer systems, or the technical delivery systems of Arcada Labs' providers;
Attempt to probe, scan, or test the vulnerability of any Arcada Labs system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Arcada Labs or any of Arcada Labs' providers or any other third party (including another user) to protect the Services;
Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like) other than the software and/or search agents provided by Arcada Labs or other generally available third-party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation;
Use any meta tags or other hidden text or metadata utilizing a Arcada Labs trademark, logo URL, or product name without Arcada Labs' express written consent;
Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive, or false source-identifying information;
Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services;
Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.
Arcada Labs is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Arcada Labs respects copyright law and expects its users to do the same. It is Arcada Labs' policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
The Services (including the App) may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products, or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources.
We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You may cancel your account at any time by pressing the "Delete Account" button located in your User Profile. Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: 5, 7(b), 7(e), 8, 9, 11, 12, 13, 14, 15, 16, and 17.
THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Services.
No Reliance on Output. DUE TO THE PROBABILISTIC NATURE OF MACHINE LEARNING AND ARTIFICIAL INTELLIGENCE, THE SERVICES MAY PRODUCE ANY OUTPUT THAT IS INACCURATE, INCORRECT, OFFENSIVE, OR OTHERWISE UNDESIRABLE. YOU WILL NOT RELY ON THE SERVICES OR ANY OUTPUT AND WILL CONDUCT YOUR OWN DILIGENCE AND EXERCISE YOUR OWN BEST BUSINESS JUDGMENT WITH MEANINGFUL HUMAN INVOLVEMENT IN MAKING ANY DECISIONS OR TAKING ANY ACTIONS REGARDING THE OUTPUT, INCLUDING SENDING ANY E-MAILS OR OTHER COMMUNICATIONS USING ANY OUTPUT. ARCADA LABS HEREBY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH ANY OUTPUT OR YOUR RELIANCE THEREON, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DECISIONS, ACTIONS, OR OUTCOMES RESULTING FROM THE USE OF, OR IN CONNECTION WITH, ANY OUTPUT. FOR PURPOSES OF THESE TERMS, "OUTPUT" MEANS ANY AND ALL DESIGNS, GRAPHICS, IMAGES, VIDEO, RESPONSES TO YOUR INPUTS, INFORMATION, OR OTHER CONTENT GENERATED BY THE SERVICES FROM OR IN CONNECTION WITH YOUR USE THEREOF, OR FROM THOSE ACTING ON YOUR BEHALF.
You will indemnify and hold Arcada Labs and its officers, directors, employees, and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, (b) your User Content, or (c) your violation of these Terms.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER ARCADA LABS NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ARCADA LABS OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ARCADA LABS' TOTAL CUMULATIVE LIABILITY TO YOU ARISING FROM ALL CLAIMS UNDER OR RELATED TO THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED ONE HUNDRED DOLLARS $100.00.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ARCADA LABS AND YOU.
For users of the Services within the United States, these Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. For all other users of the Service, these Terms and any action related thereto will be governed by the laws of the State of California, without regard to its conflict of laws provisions, and Section 16 (Dispute Resolution) will not apply. Except as otherwise expressly set forth in Section 16 (Dispute Resolution), the exclusive jurisdiction for all Disputes (defined below) that you and Arcada Labs are not required to arbitrate (e.g., pursuant to Section 16(b) and for users of the Services outside of the United States) will be the state and federal courts located in the Northern District of California, and you and Arcada Labs each waive any objection to jurisdiction and venue in such courts.
This Section 16 applies to users of the Services within the United States.
Mandatory Arbitration of Disputes. We each agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services (collectively, "Disputes") will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Arcada Labs agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Arcada Labs are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
Exceptions. As limited exceptions to Section 16(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability, and scope of this arbitration agreement.
Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won't seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we'll pay all of our attorneys' fees and costs and won't seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses to the extent provided under applicable law.
Injunctive and Declaratory Relief. Except as provided in Section 16(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
Class Action Waiver. YOU AND ARCADA LABS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties' Dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
Severability. With the exception of any of the provisions in Section 16(f) of these Terms ("Class Action Waiver"), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
Ownership of Arcada IP. Arcada Labs and its licensors exclusively own all right, title, and interest in and to the Services, the underlying technology used to develop and provide the Services, Service Information, and all Output, including all associated intellectual property rights ("Arcada IP"). You acknowledge that the Arcada IP may be protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services. To the extent ownership of any Arcada IP does not automatically vest in Arcada Labs, you hereby irrevocably assign, and agree to irrevocably assign, to Arcada Labs all of your right, title, and interest in and to such Arcada IP, including all of your intellectual property rights therein. You agree to execute any documents and take any actions reasonably necessary or requested by Arcada Labs to effectuate the foregoing assignment. You also irrevocably waive any and all moral rights you may have in any Arcada IP, including any rights of attribution, integrity, disclosure, and withdrawal.
Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Arcada Labs and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between Arcada Labs and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without Arcada Labs' prior written consent. Any attempt by you to assign or transfer these Terms absent our consent or your statutory right, without such consent, will be null. Arcada Labs may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices. Any notices or other communications provided by Arcada Labs under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
Waiver of Rights. Arcada Labs' failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Arcada Labs. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
You acknowledge that certain outputs you receive from the Services may be generated by third-party artificial intelligence models. We will identify such outputs and maintain an up-to-date list of applicable third-party model terms and conditions available at: https://www.designarena.ai/model-terms (the "Model Terms"). Your rights to use such outputs are governed by the provisions of the applicable Model Terms that relate to the ownership and permitted use of model outputs and you assume sole responsibility for using such outputs in accordance with the applicable Model Terms. You will indemnify, defend, and hold us, our subsidiaries and affiliates, and our and their respective officers and employees harmless from any third-party claims, damages, or losses arising from your use of such outputs in a manner inconsistent with the applicable Model Terms.
If you have any questions about these Terms or the Services, please contact Arcada Labs at contact@designarena.ai.