Terms of Service

1. Agreement to Terms

By accessing or using Arco ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

These Terms constitute a legally binding agreement between you and Arco, LLC ("Arco," "we," "us," or "our"). Please read them carefully.

2. Description of Service

Arco is a productivity application designed for music teachers and music students that provides:

• Audio Recording — Record music lessons on your device
• Transcription — Convert audio recordings to text using AI
• Summarization — Generate AI-powered lesson summaries and insights
• AI Chat Assistant — Interactive assistant for music pedagogy questions and lesson analysis
• Organization Tools — Tag, search, and manage your lesson recordings
• Cloud Backup — Synchronization across devices and optional Google Drive backup

The Service is available as a mobile application (iOS) and a fully functional web application.

3. Eligibility

You must be at least 13 years old to use the Service. If you are under 18, you represent that you have your parent or guardian's permission to use the Service.

By using the Service, you represent and warrant that:

• You have the legal capacity to enter into these Terms
• You are not prohibited from using the Service under applicable law
• You will comply with these Terms and all applicable laws

4. Account Registration and Security

4.1 Account Creation

To use certain features, you must create an account. You may register using:

• Apple Sign-In
• Email and password

4.2 Account Responsibilities

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access

4.3 Account Accuracy

You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate.

5. Subscriptions, Credits, and Payments

5.1 Service Tiers

Arco offers:

• Free Tier — Basic features with limited usage
• Paid Subscription Plans — Recurring plans with expanded features and/or usage limits
• Credit Top-Ups — Optional credit purchases for additional usage beyond plan limits

Current plan names, pricing, included credits, and feature limits are shown in the app and web purchase flows and may change over time.

5.2 Subscription Terms

If you purchase a subscription:

• Subscriptions are billed on a recurring basis (for example, monthly) as shown at purchase
• Payment will be charged to your Apple ID account (mobile) or payment method on file via Stripe (web)
• Subscriptions automatically renew unless canceled at least 24 hours before the end of the current billing period
• You can manage and cancel subscriptions in your device's account settings (iOS) or account settings on the web

5.3 Credits

• Credits purchased as top-ups do not expire while your account is active
• Credits are non-transferable between accounts
• Unused credits are forfeited upon account deletion

5.4 Price Changes

We reserve the right to change subscription prices or credit package pricing. Price changes will be communicated in advance and will not affect current subscription periods.

5.5 Refunds

• App Store purchases: Refunds are handled according to Apple's App Store policies
• Web purchases: Refund requests may be submitted to hello@arco.app within 7 days of purchase for unused subscription time

5.6 Free Trials

If offered, free trials automatically convert to paid subscriptions unless canceled before the trial ends. You will be notified before any charge occurs.

6. User Content

6.1 Your Content

"User Content" includes all audio recordings, text, notes, tags, and other materials you create, upload, or store through the Service.

6.2 Ownership

You retain full ownership of your User Content. We do not claim any ownership rights to your recordings, transcriptions, summaries, or other content you create.

6.3 License to Us

By using the Service, you grant us a limited, non-exclusive license to:

• Store, process, and display your User Content to provide the Service
• Create transcriptions and summaries of your recordings
• Process your content through our AI features

This license is solely for operating and improving the Service. We will never sell your content or use it for purposes unrelated to providing the Service.

6.4 Content Restrictions

You agree not to upload or create content that:

• Infringes any third party's intellectual property rights
• Contains illegal material
• Violates any person's privacy or publicity rights
• Contains malware or harmful code

6.5 Recording Consent

You are solely responsible for ensuring you have appropriate consent to record any individuals in your lessons, as required by applicable law. Many jurisdictions require consent from all parties being recorded.

7. Acceptable Use

7.1 Permitted Use

The Service is intended for legitimate music education purposes, including:

• Recording and reviewing music lessons
• Generating lesson summaries and insights
• Organizing and searching your lesson history
• Using AI tools for music pedagogy assistance

7.2 Prohibited Conduct

You agree not to:

• Use the Service for any illegal purpose
• Attempt to gain unauthorized access to the Service or other users' accounts
• Interfere with or disrupt the Service or servers
• Reverse engineer, decompile, or disassemble the Service
• Use automated systems (bots, scrapers) to access the Service
• Resell, sublicense, or commercially exploit the Service without authorization
• Circumvent any access controls or usage limits
• Use the Service to develop competing products
• Harass, abuse, or harm others through the Service
• Upload content that contains viruses or malicious code
• Impersonate any person or entity
• Share account credentials or allow multiple users to access a single account

7.3 Enforcement

We reserve the right to investigate violations and take appropriate action, including suspending or terminating accounts, removing content, and reporting illegal activity to authorities.

8. AI-Generated Content

8.1 Nature of AI Content

The Service uses artificial intelligence to generate transcriptions, summaries, chat responses, and other content. AI-generated content:

• May contain errors or inaccuracies
• Should be reviewed before relying on it
• Is provided for informational and productivity purposes only
• Does not constitute professional advice

8.2 No Guarantee of Accuracy

We do not guarantee the accuracy, completeness, or reliability of AI-generated content. Transcriptions may contain errors, especially with musical terminology, multiple speakers, or background noise. Summaries reflect AI interpretation and may miss nuances. Chat responses are generated suggestions, not expert advice.

8.3 Your Responsibility

You are responsible for reviewing and verifying AI-generated content before using it. Do not rely solely on AI-generated content for important decisions.

8.4 AI Limitations

Our AI features:

• Cannot replace professional music instruction
• May not understand all musical terminology or contexts
• Are tools to assist, not replace, human judgment
• May occasionally produce unexpected or irrelevant responses

9. Intellectual Property

9.1 Our Intellectual Property

The Service, including its design, features, code, graphics, and branding, is owned by Arco, LLC and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works of the Service without our written permission.

9.2 Trademarks

"Arco," our logo, and other marks are our trademarks. You may not use our trademarks without prior written consent.

9.3 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us the right to use them without restriction or compensation.

10. Third-Party Services

10.1 Integration with Third Parties

The Service integrates with third-party services including:

• Apple (authentication, App Store payments)
• Google Cloud (transcription and AI processing via Vertex AI / Gemini, Google Drive backup)
• OpenAI (AI summaries and chat)
• Sentry (crash and error monitoring)
• Crisp (in-app support chat)
• Supabase (cloud database)
• Stripe (web payment processing)

10.2 Third-Party Terms

Your use of third-party services is subject to their respective terms and privacy policies. We are not responsible for third-party services.

10.3 Third-Party Availability

We do not control third-party services and cannot guarantee their availability. The Service may be affected by changes to third-party services.

11. Privacy

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your information. By using the Service, you consent to our data practices as described in the Privacy Policy.

12. Disclaimers

12.1 "As Is" Basis

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

12.2 No Guarantee

We do not warrant that:

• The Service will be uninterrupted, secure, or error-free
• Results from the Service will be accurate or reliable
• Any errors will be corrected
• The Service will meet your specific requirements

12.3 Professional Advice

The Service does not provide professional musical, educational, legal, or medical advice. AI-generated content is for informational purposes only and should not be considered a substitute for professional instruction or guidance.

13. Limitation of Liability

13.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARCO, LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, data, or goodwill
• Service interruption
• Computer damage or system failure
• Cost of substitute services

13.2 Cap on Liability

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM, OR (B) $100 USD.

13.3 Basis of the Bargain

These limitations reflect a reasonable allocation of risk and are a fundamental basis of these Terms.

13.4 Jurisdictional Limitations

Some jurisdictions do not allow certain warranty disclaimers or liability limitations. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

14. Indemnification

You agree to indemnify, defend, and hold harmless Arco, LLC and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your User Content
• Your violation of these Terms
• Your violation of any third-party rights
• Your violation of applicable law

15. Term and Termination

15.1 Term

These Terms remain in effect while you use the Service.

15.2 Termination by You

You may stop using the Service and delete your account at any time through your account settings or by contacting hello@arco.app.

15.3 Termination by Us

We may suspend or terminate your access to the Service for reasons including:

• Violation of these Terms
• Fraudulent or illegal activity
• Non-payment (for paid features)
• Extended inactivity (accounts inactive for more than 24 months)
• Discontinuation of the Service

Where reasonably possible, we will provide notice and an opportunity to resolve the issue before termination.

We may suspend or terminate immediately without prior notice for urgent legal, security, abuse, or fraud reasons.

15.4 Effect of Termination

Upon termination:

• Your right to use the Service ceases immediately
• Active subscriptions will not be renewed
• We may delete your User Content (subject to our data retention policies)
• Provisions that should survive termination will remain in effect (including Sections 6.2, 9, 12, 13, 14, and 17)

15.5 Data Export

We recommend exporting your data before terminating your account. Use the Google Drive backup feature or download your content through the app. After termination, we cannot guarantee access to your data.

16. Modifications to Service and Terms

16.1 Service Changes

We may modify, suspend, or discontinue any part of the Service at any time. We will provide reasonable notice for material changes when feasible, including changes to subscription features or pricing.

16.2 Terms Changes

We may update these Terms from time to time. Material changes will be communicated through:

• In-app notification
• Email to your registered address
• Notice on our website

16.3 Acceptance of Changes

Material changes to these Terms will generally become effective no sooner than 15 days after notice, unless immediate changes are required for legal or security reasons.

Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms. If you do not agree to changes, you must stop using the Service.

17. Dispute Resolution

17.1 Informal Resolution

Before filing any formal dispute, you agree to contact us at hello@arco.app to attempt to resolve the dispute informally. We will attempt to resolve disputes within 30 days.

17.2 Arbitration Agreement

If informal resolution fails, any dispute arising from these Terms or the Service shall be resolved through binding arbitration, except for disputes eligible for small claims court.

17.3 Arbitration Rules

Arbitration will be administered by the American Arbitration Association (AAA) under its applicable consumer arbitration rules. The arbitration will be conducted in English and shall take place in Massachusetts or remotely at the parties' mutual agreement.

17.4 Class Action Waiver

YOU AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS. YOU WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS OR CLASS ARBITRATIONS.

17.5 Exceptions

This arbitration agreement does not apply to:

• Disputes eligible for small claims court
• Enforcement of intellectual property rights
• Emergency injunctive relief

17.6 Arbitration Opt-Out

You may opt out of this arbitration agreement and class action waiver by emailing hello@arco.app within 30 days of first accepting these Terms.

Your opt-out notice must include your full name, the email associated with your account, and a clear statement that you want to opt out of arbitration.

18. General Provisions

18.1 Governing Law

These Terms are governed by the laws of the Commonwealth of Massachusetts, United States, without regard to conflict of law principles.

18.2 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Arco, LLC regarding the Service.

18.3 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect.

18.4 Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

18.5 Assignment

You may not assign or transfer these Terms without our consent. We may assign these Terms without restriction.

18.6 Force Majeure

We are not liable for failures or delays caused by circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, pandemics, or infrastructure failures.

18.7 Notices

We may provide notices through the app, email, or posting on our website. You may contact us at hello@arco.app.

18.8 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights, except as provided in Section 19.

18.9 Headings

Section headings are for convenience only and do not affect interpretation.

19. Apple-Specific Terms

If you access the Service through an Apple device:

• These Terms are between you and Arco, LLC, not Apple Inc.
• Apple has no obligation to provide maintenance or support for the Service
• Apple is not responsible for any product warranties, whether express or implied
• Apple is not responsible for any claims related to the Service or your use of it
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you
• You must comply with applicable third-party terms, including Apple's App Store Terms of Service
• You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and you are not on any U.S. Government prohibited or restricted party list

20. Contact Information

For questions about these Terms, please contact us: