Terms of Service

Quick reference (TL;DR)

1. Acceptance

These Terms of Service ("Terms") form a binding contract between you ("you") and Arketon Tecnology, the company that operates the Quarym product through its registered Brazilian legal entity Arketon Tecnologia Ltda., CNPJ 64.909.714/0001-08, headquartered at Rua Sapucaí, 220, Apt. 402, Rosário, Cláudio/MG, CEP 35530-000, Brasil (collectively "Arketon", "we", "us"), governing your use of the Quarym mobile application, the website at https://quarym.com, and any related services we operate (collectively, the "Service").

References in these Terms to "Arketon", "we", "us", or "our" mean Arketon Tecnology operating through Arketon Tecnologia Ltda. The contracting party with legal capacity in Brazil is the registered legal entity.

By creating an account, signing in, or otherwise using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

These Terms incorporate by reference: the Apple App Store EULA addendum at §22; Google's Vertex AI / Gemini service terms governing the AI processor we use; and our Privacy Policy.

2. Eligibility

You may use Quarym only if you are at least 13 years old (or 16 years old if you reside in an EU member state that sets that age as the GDPR digital-consent threshold). If you are below the age of legal majority in your jurisdiction, your parent or legal guardian must agree to these Terms on your behalf and supervise your use.

You must have the legal capacity to enter into a binding contract. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization, in which case "you" refers to both you individually and that organization.

We may verify your age and refuse or terminate accounts that do not meet these requirements.

3. Definitions

4. License to you

We grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use Quarym on Apple devices you own or control, solely for your personal, non-commercial use, subject to these Terms and the Apple Media Services Terms.

This license does not allow you to:

• Resell, redistribute, sublicense, rent, lease, or commercially exploit the Service or any portion;
• Use the Service to build a competing product or train a competing model;
• Reverse-engineer, decompile, or attempt to derive source code (except to the extent applicable law permits);
• Use any robot, scraper, or automated means to access the Service;
• Circumvent, disable, or otherwise interfere with security features.

We retain all rights not expressly granted.

5. Your account

You agree to:

• Provide accurate, current information when creating your account;
• Keep your credentials confidential;
• Notify us immediately at security@quarym.com if you suspect unauthorized access;
• Be responsible for all activity under your account.

We may suspend or terminate your account if you violate these Terms (see §14).

You may delete your account at any time via Settings → Account → Delete Account (Privacy Policy §12).

6. Authentication providers

You may sign in with email + password, Sign in with Apple, or Continue with Google. Your use of those providers is also governed by their own terms (Apple, Google). We never receive your password from those providers.

7. Your content

7.1 You own your Input and Output

You retain all ownership rights you have in the photos you upload (your "Input") and in the AI-relit images we deliver to you (your "Output"). To the extent we have any rights in the Output that are necessary for you to use it, we hereby assign those rights to you.

You acknowledge:

• AI Outputs may resemble Outputs other users generate from comparable Inputs. Outputs are not guaranteed to be unique, copyrightable, or original.
• Copyrightability of AI-generated content is uncertain in many jurisdictions (see U.S. Copyright Office guidance, March 2023).
• You are responsible for ensuring you have the rights to upload and process the Input.

7.2 Limited license to us, just to operate the Service

You grant Arketon a worldwide, royalty-free, non-exclusive license to host, store, copy, transmit, display, and process your Input solely as necessary to:

• Deliver the AI relighting Output to you;
• Maintain backups for service continuity;
• Comply with legal obligations.

This license automatically terminates when you delete the Input or your account, except to the extent we must retain copies to comply with law.

We do not use your Input or Output to train AI models, neither our own nor any third party's. The AI Provider (Google) does not use your Input to train its models either, per our contractual arrangement (see Privacy Policy §5).

7.3 Your representations about Input

By uploading Input, you represent and warrant that:

• You are the rights holder OR have all necessary permissions, releases, and consents from any identifiable person depicted to upload, process, and create derivatives of the Input;
• The Input does not infringe any third-party intellectual property, privacy, publicity, or other right;
• The Input is not unlawful in your jurisdiction;
• The Input does not violate §9 Acceptable Use.

You will indemnify Arketon for any breach of these representations (see §17).

8. AI output and disclosures

Outputs are produced by third-party generative AI models (Google Gemini Flash for scene analysis, Nano Banana Pro for image rendering). You acknowledge:

• Outputs are AI-generated. Per EU AI Act Article 50 (Regulation 2024/1689), images modified by Quarym constitute AI-generated content. Outputs include embedded C2PA Content Credentials provenance metadata where supported.
• Outputs may contain errors, artifacts, or unintended changes. AI is probabilistic. We do not warrant any specific quality, accuracy, fidelity to your Input, or aesthetic outcome.
• Outputs are not suitable for high-stakes use cases. Do not rely on Outputs for: medical or dermatological assessment, legal evidence, security or biometric identification, criminal investigation, employment decisions, financial decisions, journalism without independent verification, or any decision that produces legal or significant effects on a person.
• The Service is for personal creative and entertainment use. Quarym is not a medical device, not a forensic tool, not a regulated decision system.

We periodically update the underlying AI models. The Output you obtain today may differ if you re-render the same Input later.

9. Acceptable use

You agree not to upload Input or use Outputs in any way that:

Violations may result in immediate account termination, refusal of service, reporting to law enforcement, and civil action.

You must also comply with the AI Provider's acceptable-use policies, incorporated by reference: Google's Generative AI Use Policy and Google Generative AI Prohibited Use Policy.

10. Content moderation and reporting

We use a layered approach:

1. On-device pre-flight, Apple's SensitiveContentAnalysis framework checks your Input on your device before any upload. If flagged, the Input is not transmitted.
2. Provider-side filters, Google Gemini applies its own safety filters and may refuse to process Input that violates its policies. When this happens we surface a generic error to you.
3. User reports, every Output has a "Report" button. Reports go to internal moderators within 48 hours.

We do not pre-screen all Inputs. You are responsible for what you upload.

We may remove Outputs, suspend or terminate accounts, and report to law enforcement where we believe in good faith content violates these Terms or applicable law.

11. Subscriptions, purchases, and trials

11.1 Subscription tiers

The credit unit is called a "Pro Edit". Each completed AI studio session consumes one Pro Edit. Failed renders (server or model errors) do not consume Pro Edits. Re-running an Output by your choice consumes a new Pro Edit.

Quarym Annual is billed once a year but delivers Pro Edits monthly. Each month of an active Annual subscription, 30 new Pro Edits are added to your balance. This is intentional, it prevents both over-consumption in any single month AND any unfair carry-over into months you may not have used the service.

11.2 Subscription credits do not roll over

Subscription Pro Edits expire 60 days after they are issued. Unused Pro Edits from one cycle do not accumulate indefinitely into the next. Free-tier Pro Edits (granted at signup) are lifetime, they never expire while your account exists.

11.3 Billing, handled by Apple

All purchases are billed by Apple Inc. under the Apple Media Services Terms and Conditions. We do not collect or store payment information.

• Subscriptions auto-renew at the end of each billing period at the then-current price unless you cancel at least 24 hours before the renewal.
• Cancel via your iPhone: Settings → [Your Name] → Subscriptions → Quarym → Cancel.
• Refunds are at Apple's discretion. Request refunds at reportaproblem.apple.com. Arketon does not issue refunds for App Store purchases.

11.4 Tier changes (upgrades + downgrades)

Quarym's four paid plans live in a single Apple subscription group, so you can switch between them at any time:

• Upgrades (e.g., Monthly → Creator) take effect immediately. Apple prorates the remaining time of your current plan toward the new one.
• Downgrades (e.g., Creator → Monthly) take effect at the end of your current billing period. You keep the higher-tier benefits until then.
• Annual to Monthly or vice versa: changes follow Apple's standard subscription-group rules. Annual's monthly Pro Edit delivery stops when the change takes effect.

Switching plans is always done via Apple Settings → Subscriptions → Quarym.

11.5 Trials

A 7-day free trial may be offered on the Annual plan. If you start a trial:

• You will be charged the regular price when the trial ends unless you cancel at least 24 hours before.
• Cancel via Apple Subscriptions as above.
• Per California Automatic Renewal Law (ARL, as amended 2025), where applicable, we will provide a reminder before trial conversion or any renewal exceeding $200.

11.6 What happens when a subscription ends

When your subscription expires, lapses, or is canceled:

• Subscription-tier Pro Edits already in your balance remain valid until their original 60-day expiry.
• For an Annual subscription that you cancel mid-year, monthly Pro Edit deliveries STOP at the moment of cancellation, Apple does not refund the remaining months, and we do not re-issue them.
• Free-tier Pro Edits (granted at signup) remain (lifetime).
• Your rendered Outputs remain in your account until you delete them.

11.7 Family Sharing

All four paid plans support Apple Family Sharing. Each Family member has their own Quarym account but inherits the subscription entitlement of the family organizer. Pro Edits are tracked per-account, not per-family, a Family Sharing setup does not grant additional Pro Edits beyond the subscription's monthly cota.

11.8 Fair use

Subscriptions grant personal use of the included Pro Edit allowance. Automated abuse, reselling Outputs, or volumes inconsistent with single-user behavior (typically more than 5× the period's allowance through retry exploitation or scripted access) may trigger account review. Commercial-scale needs should contact business@quarym.com for a future business tier.

12. Free tier

Each account receives 3 free lifetime Pro Edits at signup. These do not refresh. After they are used, you must subscribe to continue using AI features.

The free tier is offered to let you evaluate the Service. We may discontinue, modify, or restrict the free tier at any time with reasonable notice.

13. Updates to the Service

We continuously improve Quarym. We may add, modify, or remove features without prior notice; we may also update the AI models, prompts, and rendering pipeline (server-driven), which may change the appearance of Outputs over time. Material removals of paid features will be announced in-app at least 30 days in advance.

You may need to install updates to continue using the Service.

14. Suspension and termination

We may suspend or terminate your account, with or without notice, if:

• You materially breach these Terms;
• We are required to do so by law or court order;
• Your account is used for the prohibited activities in §9;
• We discontinue the Service.

You may terminate at any time by deleting your account (Privacy Policy §12). Termination does not entitle you to a refund for unused subscription time (refunds remain at Apple's discretion).

Provisions that by their nature should survive termination, including §7.1 (your ownership of Output), §7.3 (representations), §8 (AI disclosures), §15–§17, §19, and §22, survive.

15. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. To the maximum extent permitted by applicable law, Arketon disclaims all warranties, express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, reliability, non-infringement, and quiet enjoyment.

We do not warrant that:

• The Service will be uninterrupted, secure, or error-free;
• AI Outputs will meet your expectations or be accurate;
• Any defect will be corrected.

This §15 does not exclude warranties that cannot be excluded under applicable law. Brazilian users: the Brazilian Code of Consumer Defense (CDC, Lei 8.078/1990) provides minimum guarantees that cannot be waived; those rights remain. EU/UK users: statutory consumer rights remain.

16. Limitation of liability

To the maximum extent permitted by applicable law, Arketon's total cumulative liability to you arising out of or related to the Service or these Terms is limited to the greater of (a) the amount you paid us in the 12 months preceding the claim or (b) USD 100.

Arketon is not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost data, lost goodwill, or substitute service procurement costs, even if advised of the possibility.

These limits do not apply to:

• Liability for death or personal injury caused by our negligence;
• Liability for fraud or intentional misconduct;
• Brazilian consumer rights under CDC that cannot be waived;
• EU/UK statutory consumer protections;
• Any liability that applicable law does not allow us to exclude or limit.

17. Indemnification

You agree to defend, indemnify, and hold harmless Arketon, its officers, directors, employees, and contractors from any claim, demand, damage, loss, or expense (including reasonable attorneys' fees) arising out of or related to:

• Your Input or Output;
• Your breach of these Terms or any representation in §7.3;
• Your violation of any law or third-party right;
• Your use of the Service in violation of §9 Acceptable Use.

This obligation does not apply where prohibited by law (including consumer protection statutes).

18. Intellectual property

The Service, including the Quarym name and logo, the app, the website, our designs, source code, prompts, configurations, and documentation, is owned by Arketon and protected by copyright, trademark, and other laws. Nothing in these Terms grants you any rights in our intellectual property except the limited license in §4.

If you submit feedback, ideas, or suggestions, you grant us a non-exclusive, royalty-free, perpetual license to use them without compensation or attribution.

We respond to DMCA notices for alleged copyright infringement. Send notices that comply with 17 U.S.C. §512(c)(3) to dmca@quarym.com. Repeat infringers will have accounts terminated.

19. Governing law and disputes

19.1 Governing law

These Terms are governed by the laws of the Federative Republic of Brazil, without regard to conflict-of-laws rules.

For consumers in jurisdictions where local law cannot be derogated by contract (including Brazilian consumers under CDC, EU/UK consumers under their national consumer protection laws), mandatory local law applies in addition to and prevails over conflicting Brazilian-law provisions.

19.2 Forum

Disputes will be resolved by the courts of São Paulo, Brazil, except:

• Brazilian consumers may bring actions in the court of their domicile per CDC Art. 101(I).
• EU consumers may bring actions in the courts of their member state of residence per Brussels I Regulation Art. 18.
• U.S. consumers [PENDING LAWYER REVIEW: whether to add an arbitration clause carve-out for U.S. consumers given the Heckman v. Live Nation (9th Cir. 2024) ruling on mass arbitration. Recommendation pending counsel.]

19.3 Informal resolution first

Before filing any formal proceeding, we ask that you first contact us at legal@quarym.com and give us 30 days to attempt to resolve the dispute. We will negotiate in good faith.

19.4 Class action waiver

[PENDING LAWYER REVIEW, class action waivers face increasing judicial skepticism in BR (CDC), EU (UCTD Directive), and several US states. Recommendation pending.]

20. Modifications to these Terms

We may update these Terms from time to time. When we do:

• Material changes (changes that meaningfully affect your rights or obligations) require at least 30 days advance notice by email and an in-app prompt before they take effect. If you do not agree, you may terminate your account before the changes take effect.
• Non-material changes (clarifications, typo fixes) take effect on publication.
• The Last updated date at the top reflects the most recent change.
• Prior versions are archived at https://quarym.com/terms/archive.

Continued use after the effective date constitutes acceptance, except where additional explicit consent is required by law.

21. Miscellaneous

• Entire agreement. These Terms (together with the Privacy Policy, Biometric Notice, and incorporated third-party terms) constitute the entire agreement between you and Arketon regarding the Service and supersede all prior agreements.
• Severability. If any provision is held invalid, the remainder remains in full force.
• No waiver. Our failure to enforce a right is not a waiver.
• Assignment. You may not assign these Terms without our written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets.
• No third-party beneficiaries other than as expressly stated (notably, Apple per §22).
• Force majeure. Neither party is liable for delays caused by events beyond reasonable control.
• Notices. We notify you via email associated with your account or in-app. You notify us via legal@quarym.com.
• Headings are for reference only and do not affect interpretation.

22. Apple-specific terms

These Apple-specific terms are required by the Apple Developer Program License Agreement and apply when you use Quarym on an Apple device. Where they conflict with the rest of these Terms, the Apple-specific terms control as to Apple.

1. These Terms are between you and Arketon, not Apple. Apple is not responsible for the Service or its content.
2. License scope. Your license to use Quarym is limited to use on Apple-branded products that you own or control, as permitted by the Apple Media Services Terms, and (for Family Sharing) by Apple's Family Sharing rules.
3. Maintenance and support. Arketon is solely responsible for maintenance and support, not Apple.
4. Warranty. To the extent any express warranty applies and we fail to honor it, you may notify Apple, who will refund the purchase price; to the maximum extent permitted by law, Apple has no other warranty obligation.
5. Product claims. Arketon, not Apple, is responsible for addressing any claims relating to Quarym, including product liability, failure to conform to legal or regulatory requirements, and consumer protection claims.
6. Intellectual property infringement claims. Arketon, not Apple, is responsible for investigation, defense, settlement, and discharge of any third-party claim that Quarym or your use of it infringes intellectual property.
7. Legal compliance. You represent you are not in a country that is subject to a U.S. government embargo or designated as a "terrorist supporting" country, and you are not on any U.S. government list of prohibited or restricted parties.
8. Apple as third-party beneficiary. Apple Inc. and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
9. Contact. For questions about these Terms relating to Apple's role, contact Arketon at legal@quarym.com.

23. Contact

Postal: Arketon Tecnologia Ltda., Rua Sapucaí, 220, Apt. 402, Rosário, Cláudio/MG, CEP 35530-000, Brasil