Last updated: July 7, 2026
These Terms of Service ("Terms") govern your access to and use of the Muscle platform, website, and services (collectively, "Muscle," the "Service," "we," "us," or "our"), operated by Arkhipelago LLC d/b/a Muscle, a California limited liability company d/b/a Muscle. These Terms form a binding agreement between you and Muscle.
By clicking "I agree" (or a similar affirmative control), checking a box presented with these Terms, creating or sending a commission agreement, signing a commission agreement, making or receiving a payment, or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy. If you are a Client, you agree to these Terms at the time you access and sign a commission agreement through the Service. If you do not agree, do not use the Service.
PLEASE READ SECTION 13 CAREFULLY. IT CONTAINS A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER THAT REQUIRE MOST DISPUTES TO BE RESOLVED THROUGH INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND THAT WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTIONS. YOU MAY OPT OUT OF ARBITRATION AS DESCRIBED IN SECTION 13(j).
Muscle is a software tool that helps independent artisans and makers ("Artisans") create commission agreements with their customers ("Clients") and collect payment in scheduled milestones through a third-party payment processor.
Not A Party To Your Agreement. Muscle is not a party to any agreement between an Artisan and a Client. The commission agreement is solely between the Artisan and the Client. Muscle provides the tools to create, send, sign, and manage that agreement and its associated payments, but Muscle is not a party to it, does not guarantee performance by either side, and is not responsible for the quality, legality, timing, or delivery of any commissioned work.
Not Legal Advice. Muscle is not a law firm and does not provide legal advice. The contract templates, clauses, and "Muscle Standard" language provided through the Service are informational tools, not legal advice, and are not a substitute for advice from a licensed attorney. No attorney-client relationship is created by your use of the Service. You are responsible for determining whether any agreement you create is appropriate and enforceable for your situation, and we encourage you to consult a licensed attorney.
Not a bank or money transmitter. Muscle is not a bank, money transmitter, escrow agent, or fiduciary. Muscle does not hold, custody, or control your funds. All payments are processed by our third-party payment processor (see Section 5).
You must be at least 18 years old and able to form a binding contract to use the Service. Artisans verify their identity using a mobile phone number and a one-time SMS verification code. You are responsible for maintaining control of the phone number associated with your use of the Service and for all activity that occurs through it. Notify us promptly at support@arkhipelago.com if you believe your number or access has been compromised.
Clients are not required to create an account; a Client accesses a commission agreement through a private link provided by the Artisan and agrees to these Terms when signing that agreement. You agree that the information you provide to us is accurate and current.
When an Artisan creates an agreement and a Client signs it, a binding agreement is formed between the Artisan and the Client on the terms they have agreed. Muscle records the agreement, the parties' electronic signatures, the milestone schedule, and related activity as a convenience to the parties.
You acknowledge that:
You consent to transact with us and with the other party to a commission agreement electronically. You agree that your electronic signature on, and electronic submission of, any commission agreement or other record through the Service has the same legal effect as a handwritten signature, and that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that they be in writing. You may withdraw your consent to transact electronically by ceasing to use the Service, but doing so will not affect the validity of any agreement entered before withdrawal. You are responsible for maintaining a device, internet access, and a valid email address or phone number capable of receiving electronic communications.
Muscle charges a platform fee on payments processed through the Service, as disclosed to the Artisan at the time a contract is created. Unless stated otherwise, the Artisan bears the platform fee, and the Client pays the agreed contract amount. Fees, fee tiers, and any future subscription options may change; we will provide notice of material changes as required by applicable law. Payment-processor fees may also apply as described in Section 6.
Payments are handled and processed securely by Stripe, our third-party payment processor. By using the payment features of the Service, you agree to be bound by Stripe's applicable terms, including the Stripe Connected Account Agreement and Stripe's Privacy Policy, and you authorize Muscle and Stripe to process payments on your behalf.
Merchant of record; no holding of funds. For each commissioned engagement, the Artisan is the merchant of record. The Client is charged on each milestone's schedule and funds are routed to the Artisan's connected account through Stripe, less applicable fees. Muscle does not hold, custody, or control funds, and is not responsible for and does not control the timing of bank transfers, payout schedules, authorization holds, declines, chargebacks, refunds, or reversals, all of which are governed by Stripe and the relevant financial institutions.
Authorization for scheduled milestone charges. By signing a commission agreement that includes a milestone schedule, the Client authorizes Muscle's payment processor to charge the Client's designated payment method for each milestone amount on or after its scheduled date, until the agreement is completed, cancelled, or terminated in accordance with the parties' agreement. The milestone amounts and schedule are presented to the Client before signing.
Payout and tax information. Artisans are responsible for providing accurate payout information and for completing any identity or tax verification required by Stripe to receive funds. Each party is responsible for its own taxes.
Refunds, cancellations, and disputes. Refunds, cancellations, disputes, and chargebacks between an Artisan and a Client are governed by the parties' commission agreement and by Stripe's processes. Muscle may, but is not obligated to, provide tools to help the parties communicate or document a dispute, but Muscle does not adjudicate disputes between Artisans and Clients.
You agree not to use the Service to:
We may suspend or terminate access for violations, or where we reasonably believe use of the Service poses legal, security, or financial risk.
Your content. You retain ownership of the content you submit (commission details, descriptions, reference images, messages, etc.). You grant Muscle a limited, non-exclusive license to host, store, display, and process that content solely to operate and provide the Service.
Between Artisan and Client. Ownership and licensing of the *commissioned work itself* is governed by the parties' commission agreement, not by these Terms.
Muscle's property. The Service, including its software, design, and the "Muscle" and "Muscle Standard" names and branding, is owned by us and protected by intellectual property laws. We grant you a limited, revocable, non-transferable license to use the Service in accordance with these Terms.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, error-free, or secure, that any agreement created through the Service is enforceable, or that any party will perform its obligations. As stated in Section 1, Muscle does not provide legal, financial, tax, or accounting advice. Nothing in this Section limits any warranty or remedy that cannot be excluded or limited under applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MUSCLE AND ITS OWNERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL PLATFORM FEES YOU PAID TO US IN THE three (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) $100.00.
Because the commission agreement is solely between the Artisan and the Client, Muscle is not liable for any dispute, non-payment, non-performance, or damages arising between them.
Exceptions. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud, willful misconduct, or gross negligence, or any other liability that may not be waived under California Civil Code section 1668.
You agree to indemnify and hold harmless Muscle and its owners, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of your use of the Service, your content, any agreement you create or enter through the Service, or your violation of these Terms or applicable law.
You may stop using the Service at any time. We may suspend or terminate your access at our discretion, including for violation of these Terms or to comply with law. Provisions that by their nature should survive termination will survive, including Sections 8 (Content and Intellectual Property), 9 (Disclaimers), 10 (Limitation of Liability), 11 (Indemnification), 13 (Arbitration), 14 (Governing Law and Venue), and 16 (General Provisions).
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND MUSCLE TO RESOLVE MOST DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION INSTEAD OF IN COURT, AND IT WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU MAY OPT OUT WITHIN 30 DAYS AS DESCRIBED IN PARAGRAPH (j).
(a) Scope. This Section governs any dispute, claim, or controversy between you and Muscle arising out of or relating to these Terms, the Service, or your relationship with Muscle, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory, and whether arising before, during, or after the termination of these Terms (each, a "Dispute"). This Section does not apply to any dispute between an Artisan and a Client arising out of a commission agreement, which is governed solely by that agreement.
(b) Federal Arbitration Act. This Section evidences a transaction involving interstate commerce, and the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) governs its interpretation and enforcement. This Section survives termination of these Terms.
(c) Informal resolution first. Before initiating arbitration, the complaining party must send a written Notice of Dispute to the other (to Muscle at arbitration@arkhipelago.com) describing the claim and the relief sought. The parties will attempt in good faith to resolve the Dispute for 60 days after the Notice is received. This requirement does not limit either party's right to the carve-outs in paragraph (i). The applicable limitations period is tolled during this period.
(d) Arbitration rules and forum. If the Dispute is not resolved, it will be settled by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, before a single arbitrator. The arbitration will be held in Los Angeles County, California. The arbitrator may award the same individual relief a court could, and will issue a written, reasoned decision. Judgment on the award may be entered in any court of competent jurisdiction.
(e) Arbitration fees. Payment of filing, administration, and arbitrator fees is governed by the AAA rules, and Muscle will pay or reimburse such fees to the extent required by those rules or by applicable law.
(f) Delegation. The arbitrator has exclusive authority to resolve any Dispute relating to the interpretation, applicability, enforceability, or formation of this Section, including any claim that all or part of it is void or voidable — except that a court of competent jurisdiction, and not an arbitrator, will decide the enforceability of the Class Action Waiver in paragraph (g) and the Public Injunctive Relief provision in paragraph (h).
(g) Class action waiver. YOU AND MUSCLE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any class or representative proceeding. If a court decides that this waiver is unenforceable as to a particular claim or request for relief, that claim or request will be severed and may proceed in a court of competent jurisdiction, while all remaining claims will be arbitrated.
(h) Public injunctive relief. To the extent a party is entitled under applicable law seek public injunctive relief that cannot lawfully be waived, the parties agree that any such claim is severed from arbitration and may be brought only in a court of competent jurisdiction, and that arbitration of all other claims will be stayed pending the court's resolution of the public-injunctive-relief claim. Nothing in this Section waives any right to seek public injunctive relief in court.
(i) Carve-outs. Notwithstanding the foregoing, either party may (1) bring an individual claim in small claims court if it qualifies; and (2) seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property rights or to prevent unauthorized access to, or misuse of, the Service. Seeking such relief does not waive the right to arbitrate any other Dispute.
(j) Right to opt out. You may opt out of this Section by sending written notice within 30 days after you first accept these Terms to arbitration-optout@arkhipelago.com, stating your name, the phone number associated with your use of the Service, and a clear statement that you wish to opt out of arbitration. A timely opt-out will not affect any other provision of these Terms, and Muscle will not terminate your access for opting out.
(k) Severability. If any portion of this Section (other than paragraphs (g) and (h), which are governed by their own terms) is found unenforceable, that portion will be severed and the remainder will continue in effect. If the entirety of this Section is found unenforceable, any Dispute will be resolved in the courts identified in Section 14.
These Terms are governed by the laws of the State of California, without regard to conflict-of-laws principles. Subject to Section 13 (Arbitration), and for any Dispute not subject to arbitration or for which a judicial forum is permitted under Section 13, the state and federal courts located in Los Angeles County, California will have exclusive jurisdiction, and you consent to personal jurisdiction and venue there.
We may update these Terms from time to time. If we make material changes, we will provide notice as required by law (for example, by posting the updated Terms with a new "Last updated" date or notifying you). Your continued use of the Service after changes take effect constitutes acceptance.
Entire agreement. These Terms, together with any agreement you enter through the Service and our Privacy Policy, are the entire agreement between you and Muscle regarding the Service and supersede all prior understandings.
Severability. If any provision of these Terms is held unenforceable, that provision will be limited or severed to the minimum extent necessary, and the remaining provisions will remain in full force.
No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms, including in connection with a merger, acquisition, reorganization, or sale of assets. These Terms bind permitted successors and assigns.
Relationship of the parties. Muscle is an independent software provider. Nothing in these Terms creates any partnership, joint venture, agency, employment, or fiduciary relationship between Muscle and any user, and Muscle is not the agent of any Artisan or Client. Muscle is not a party to any commission agreement.
Force majeure. Muscle is not liable for any delay or failure to perform caused by events beyond its reasonable control, including acts of God, outages, third-party service failures (including the payment processor), or governmental action.
Notices. We may provide notices to you by email, SMS, or posting within the Service. You may send notices to us at support@arkhipelago.com or liam@arkhipelago.com.
Third-party beneficiary. Stripe is an intended third-party beneficiary of the payment-related provisions of these Terms. There are no other third-party beneficiaries.
Headings. Headings are for convenience only and do not affect interpretation.
Questions about these Terms: support@arkhipelago.com · Arkhipelago LLC d/b/a Muscle · liam@arkhipelago.com