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Terms & Conditions

TERMS & CONDITIONS

BM Arena · www.bmarena.live

Effective Date: March 3, 2026

These Terms and Conditions ("Terms") govern your access to and use of the services provided by BM Arena ("BM Arena," "we," "our," or "us") through the website located at www.bmarena.live (the "Site") and through any associated service agreements.

By accessing the Site, submitting an inquiry, or engaging BM Arena for services, you ("Client," "you," or "your") acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use our services.

These Terms constitute the entire agreement between the parties with respect to the subject matter herein and supersede all prior understandings, representations, or agreements, whether written or oral.

1. Acceptance of Terms

By engaging BM Arena's services — whether through a one-time purchase, a subscription arrangement, or a signed service agreement — you confirm that:

You are at least 18 years of age and have the legal capacity to enter into a binding agreement;

If you are acting on behalf of a company or other legal entity, you have the authority to bind that entity to these Terms;

You have reviewed and accepted the most current version of these Terms as published on the Site.

These Terms apply to all engagements between BM Arena and the Client, including Starter Pack purchases and Visual Pipeline subscription plans.

2. Description of Services

BM Arena provides visual production services for direct-to-consumer (DTC) beauty, skincare, cosmetics, and personal care brands. Our services function as an external visual production pipeline and include, without limitation:

Conceptual campaign visual creation

Premium product photography-style visuals

Ecommerce and marketplace product imagery

Social media and website visuals

Organic content imagery

Services are delivered under one of the following engagement models:

2.1 One-Time Packages

Single-purchase packages offering a defined number of visual production units. Deliverables, quantities, and turnaround timelines are specified at the time of purchase.

2.2 Monthly Subscription Plans

Recurring monthly service plans providing a defined production capacity per billing cycle. Current subscription tiers include a Core plan and a Growth plan, as described on the Site or in a separate service agreement. Unused production credits may roll over as described in the applicable plan terms.

2.3 Scope of Services

BM Arena is a visual production service. BM Arena does not provide marketing strategy, media buying, paid advertising management, or any services beyond the creation and delivery of visual assets. The scope of each engagement is defined by the selected plan or as confirmed in writing.

3. No Performance Guarantees

BM Arena delivers visual assets and does not guarantee, warrant, or represent any specific business, commercial, or marketing outcome resulting from the use of those assets. In particular:

BM Arena makes no warranty that delivered visuals will increase sales, improve advertising performance, increase conversion rates, or achieve any other business metric.

BM Arena is not a marketing agency and does not assume responsibility for ad performance, campaign strategy, or audience engagement.

The effectiveness of any visual asset in a marketing context depends on factors entirely outside BM Arena's control, including platform algorithms, audience targeting, product-market fit, and Client-side execution.

All visual assets are delivered in good faith with the aim of meeting the quality standards described in the applicable plan. Dissatisfaction with marketing outcomes is not grounds for a refund or dispute.

4. Client Responsibilities

The Client agrees to:

Provide accurate, complete, and timely information necessary for BM Arena to perform the services, including brand guidelines, product details, reference materials, and creative direction.

Ensure that all materials provided to BM Arena (including product images, logos, brand assets, and copy) are owned by or lawfully licensed to the Client, and do not infringe the intellectual property or other rights of any third party.

Review and provide feedback on deliverables within the timeframe specified in the applicable plan. Delays caused by the Client's failure to provide timely input are not the responsibility of BM Arena.

Use delivered visuals in accordance with applicable laws and regulations, including advertising standards, platform policies, and consumer protection laws.

Maintain the confidentiality of any login credentials, delivery links, or shared project materials.

The Client acknowledges that BM Arena's ability to deliver services to schedule is dependent on the Client's cooperation and timely fulfilment of the above responsibilities.

5. Intellectual Property

5.1 Ownership of Delivered Visuals

Upon receipt of full payment for the applicable plan or package, BM Arena assigns to the Client full ownership of the visual assets delivered under that engagement. The Client may use, modify, reproduce, and distribute such assets for any lawful commercial purpose without restriction.

No ownership or licence in delivered visuals transfers to the Client until payment has been received in full. In the event of payment failure or chargeback, BM Arena reserves the right to revoke the Client's right to use any visual assets delivered under the unpaid engagement until the matter is resolved.

5.2 BM Arena Portfolio Rights

BM Arena reserves the right to display delivered visual assets in its portfolio, case studies, website, and promotional materials as examples of its work, unless the Client has specifically requested confidentiality in writing prior to commencement of the engagement.

5.3 BM Arena Proprietary Methods

All production methodologies, prompt engineering techniques, internal workflows, systems, and tools developed and used by BM Arena remain its exclusive intellectual property. Nothing in these Terms grants the Client any rights in BM Arena's proprietary methods or operational infrastructure.

5.4 Third-Party Licences

Where BM Arena uses third-party AI generation tools, stock elements, or licensed assets in production, BM Arena warrants that such use complies with applicable licensing terms at the time of delivery. BM Arena will disclose any material licensing restrictions applicable to specific deliverables.

6. Payment Terms

6.1 Pricing

Pricing for all plans and packages is as published on the Site or as agreed in a written service proposal. All prices are stated in United States Dollars (USD) unless otherwise specified. BM Arena reserves the right to update its pricing with reasonable prior notice.

6.2 One-Time Packages

Payment for one-time packages is due in full at the time of purchase. Services commence upon confirmation of receipt of payment.

6.3 Subscription Billing

Subscription plans are billed on a recurring monthly basis. The billing cycle begins on the date of the Client's first subscription payment. Subsequent payments are due on the same calendar date each month.

If a scheduled payment fails, BM Arena will make reasonable attempts to notify the Client. Services may be paused until payment is successfully collected.

The Client is responsible for ensuring that valid payment details are maintained.

Subscriptions continue until cancelled in accordance with Section 9 of these Terms.

6.4 Taxes

All fees are exclusive of applicable taxes, levies, or duties imposed by any governmental authority. The Client is solely responsible for determining and remitting any applicable taxes in their jurisdiction.

6.5 Refund Policy

All payments are non-refundable unless otherwise expressly stated in a written service agreement or as required by applicable law.

BM Arena does not offer refunds on the basis of dissatisfaction with marketing outcomes, changes in the Client's business strategy, or failure to utilise production credits within a billing cycle.

In the event BM Arena fails to deliver services as agreed due to reasons solely attributable to BM Arena, the parties will seek to resolve the matter in good faith, which may include service credit, re-delivery, or partial refund at BM Arena's reasonable discretion.

7. Limitation of Liability

To the fullest extent permitted by applicable law:

BM Arena's total cumulative liability to the Client arising out of or in connection with these Terms or the services shall not exceed the total fees paid by the Client to BM Arena in the three (3) calendar months immediately preceding the event giving rise to the claim.

BM Arena shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of business opportunities, reputational damage, or loss of data, even if BM Arena has been advised of the possibility of such damages.

BM Arena is not liable for any loss or damage arising from the Client's use, misuse, or modification of delivered visual assets, or from the Client's failure to comply with applicable advertising laws, platform policies, or third-party guidelines.

Nothing in these Terms excludes or limits liability for fraud, wilful misconduct, or any other liability that cannot be limited or excluded by applicable law.

8. Indemnification

The Client agrees to indemnify, defend, and hold harmless BM Arena, its officers, employees, contractors, and affiliates from and against any claims, damages, losses, costs, and expenses (including reasonable legal fees) arising from:

The Client's use or misuse of delivered visual assets;

Any breach by the Client of these Terms;

The Client's violation of any applicable law, regulation, or third-party rights;

Any materials provided by the Client to BM Arena that infringe or are alleged to infringe the rights of any third party.

BM Arena will promptly notify the Client of any claim for which indemnification is sought and will reasonably cooperate in the defence of such claim at the Client's expense.

9. Termination

9.1 Cancellation by the Client

The Client may cancel a monthly subscription plan at any time by providing written notice to BM Arena before the next billing date. Cancellation takes effect at the end of the current billing cycle. No refunds will be issued for the current billing period upon cancellation.

9.2 Termination by BM Arena

BM Arena reserves the right to suspend or terminate services with written notice in the following circumstances:

The Client is in breach of these Terms and has failed to remedy the breach within ten (10) business days of written notice;

The Client has failed to make a due payment;

The Client engages in conduct that BM Arena reasonably considers harmful to its reputation, operations, or legal standing;

Continuation of services would cause BM Arena to violate applicable law or third-party platform terms.

9.3 Effect of Termination

Upon termination of services for any reason:

All outstanding fees for services rendered up to the termination date remain payable;

Ownership of fully paid-for visual assets transfers to the Client in accordance with Section 5.1;

Each party will return or destroy the other's confidential materials upon request;

Provisions of these Terms that by their nature survive termination, including Sections 5, 7, 8, and 10, shall continue in full force.

10. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which BM Arena is registered, without regard to conflict of law principles.

For Clients located in the European Union or United Kingdom, mandatory consumer and business protection provisions applicable in the Client's jurisdiction shall remain unaffected by this clause to the extent required by applicable law.

In the event of a dispute arising from or in connection with these Terms or the services, the parties agree to first attempt to resolve the matter through good-faith negotiation within thirty (30) days of written notice of the dispute.

If the dispute is not resolved through negotiation, the parties agree to submit to the jurisdiction of the courts of BM Arena's registered jurisdiction, unless otherwise required by applicable mandatory law in the Client's territory.

11. Changes to These Terms

BM Arena reserves the right to update or modify these Terms at any time. When changes are made, the updated Terms will be posted on the Site with a revised Effective Date.

For existing subscription Clients, material changes will be communicated by email or through the Site with a minimum of fourteen (14) days' notice prior to taking effect. Continued use of our services after the effective date of any changes constitutes acceptance of the updated Terms.

If you do not agree to the updated Terms, you may terminate your subscription in accordance with Section 9 prior to the effective date of the changes.

12. Miscellaneous

12.1 Entire Agreement

These Terms, together with any applicable service proposal, subscription plan description, or separate written agreement, constitute the entire agreement between BM Arena and the Client with respect to the subject matter herein.

12.2 Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity or enforceability of the remaining provisions.

12.3 Waiver

BM Arena's failure to enforce any provision of these Terms on any occasion shall not constitute a waiver of BM Arena's right to enforce that provision in the future.

12.4 Force Majeure

BM Arena shall not be liable for any delay or failure to perform its obligations under these Terms resulting from circumstances beyond its reasonable control, including acts of God, internet outages, third-party platform disruptions, or other events that materially impair BM Arena's ability to operate.

12.5 Independent Contractor

Nothing in these Terms creates any employment relationship, partnership, joint venture, or agency arrangement between BM Arena and the Client. Each party acts as an independent contractor.

13. Contact Information

For questions or concerns regarding these Terms, please contact us at:

BM Arena

Website: www.bmarena.live

Email: [email protected]

We will endeavour to respond to all inquiries within five (5) business days.

Last Updated: March 3, 2026