Terms of Service
1. Agreement to Terms
Welcome to ARCHE STUDIOS ("we," "our," or "us"). These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "Client") and ARCHE STUDIOS concerning your access to and use of our website (www.archestudios.in) as well as any services, media, or applications related or connected thereto (collectively, the "Site" and "Services").
By accessing the Site or engaging our Services, you acknowledge that you have read, understood, and agree to be bound by all of these Terms. If you do not agree with all of these Terms, then you are expressly prohibited from using the Site and our Services and you must discontinue use immediately.
2. Our Services
ARCHE STUDIOS provides a comprehensive suite of professional services including, but not limited to:
- Design Services: CGI, Animations, Cinemagraphs, Virtual Tours, 3D Renderings, Virtual Showrooms.
- Tech Services: Web Development, App Development, Sales Funnels, Meta Ads management.
- AI Services: Chatbots, Voice Assistants, Workflow Automations, AI Consulting.
The specific scope, deliverables, timelines, and fees for any project will be detailed in a separate, written Statement of Work (SOW) or Client Agreement, which will be executed by both parties. These Terms are incorporated by reference into every SOW or Client Agreement.
3. Use of Our Website
The content on our Site—including text, graphics, logos, and our portfolio of work—is the property of ARCHE STUDIOS and is protected by copyright and intellectual property laws.
You are granted a limited license to access and use the Site for informational and business inquiry purposes only. You agree not to:
- Reproduce, duplicate, copy, or resell any part of our Site or portfolio without our express written permission.
- Use our Site for any unlawful purpose or in any way that could damage, disable, or impair the Site.
4. Client Responsibilities
To ensure the successful and timely completion of a project, the Client agrees to:
- Provide all necessary materials ("Client Materials"), such as architectural plans, branding guidelines, logos, and other assets required for the project.
- Provide timely and constructive feedback and approvals. Delays in client feedback may result in adjustments to project timelines and costs.
- Designate a single, primary point of contact authorized to make decisions on behalf of the Client.
The Client warrants that they have all necessary rights and permissions for any Client Materials provided to us.
5. Intellectual Property Rights
Our Intellectual Property: We retain full ownership of all our pre-existing intellectual property, including our website, proprietary software, tools, methods, and know-how used to provide the Services.
Client's Intellectual Property: The Client retains full ownership of all Client Materials provided to us.
Project Deliverables: Upon the Client's full and final payment for the Services rendered under an SOW, ARCHE STUDIOS grants to the Client full ownership and rights to the final, approved project deliverables. We reserve the right to use the final deliverables in our portfolio and for our own marketing and promotional purposes, unless explicitly prohibited in the SOW.
Preliminary Work: The Client agrees that they will not have any right, title, or interest in any preliminary work, concepts, drafts, or other materials that are not part of the final, approved deliverables.
6. Fees and Payment
All fees for Services will be outlined in the SOW or Client Agreement. Unless otherwise specified, our standard payment structure is as follows:
- A non-refundable deposit is typically required to commence work.
- Payments may be structured based on project milestones.
- Late payments may result in the suspension of work and may be subject to interest charges as permitted by law.
All fees are exclusive of any applicable taxes, which are the responsibility of the Client.
7. Confidentiality
Both parties agree to keep confidential all non-public information provided by the other party. This includes business strategies, project details, and proprietary information. This obligation of confidentiality will survive the termination of our engagement.
8. Warranties and Disclaimers
ARCHE STUDIOS warrants that our Services will be performed in a professional and workmanlike manner.
EXCEPT FOR THE FOREGOING, THE SITE AND SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS OR THAT THE RESULTS OBTAINED WILL BE ERROR-FREE OR UNINTERRUPTED. WE DO NOT GUARANTEE ANY SPECIFIC BUSINESS OUTCOME, INCREASE IN SALES, OR RETURN ON INVESTMENT FROM THE USE OF OUR SERVICES.
9. Limitation of Liability
IN NO EVENT SHALL ARCHE STUDIOS OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE OR OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE TOTAL AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICES DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.
10. Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Services; (2) your breach of these Terms; or (3) your provision of Client Materials that infringe upon a third party's intellectual property rights.
11. Term and Termination
These Terms shall remain in full force and effect while you use the Site or are a Client. Either party may terminate an SOW or Client Agreement if the other party is in material breach of its obligations. Upon termination, the Client is responsible for paying for all Services performed up to the termination date. Sections 5, 7, 8, 9, 10, and 12 shall survive any termination.
12. Governing Law and Dispute Resolution
These Terms and your use of the Site and Services are governed by and construed in accordance with the laws of India, without regard to its conflict of law principles.
The parties agree to first attempt to negotiate any dispute informally for at least thirty (30) days before initiating arbitration or court proceedings.
13. General Provisions
Entire Agreement: These Terms, together with any SOW, constitute the entire agreement between you and ARCHE STUDIOS.
Severability: If any provision of these Terms is found to be invalid, the remaining provisions will continue to be valid and enforceable.
Waiver: A waiver of any part of these Terms will not be a waiver of any other part.
14. Contact Us
If you have any questions or concerns about these Terms of Service, please contact us:
ARCHE STUDIOS
Email: legal@archestudios.in
Website: www.archestudios.in