SaaS Terms and Conditions

Overview

Find all information regarding our Terms and Conditions for using our Software as a Service platform.

1. Introduction and Acceptance

These Terms and Conditions ("Terms") govern your access to and use of our software as a service ("SaaS") platform. By accessing or using our services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our services.

2. Scope of Service

We provide you with access to our SaaS platform through the internet. We grant you a non-exclusive, non-transferable, limited license to use our software solely for your internal business purposes during the term of your subscription. The specific features and functionality of the service are described in your subscription agreement or order form.

3. User Restrictions and Responsibilities

You agree not to:

  • Use the service for any illegal purpose or in violation of any applicable laws
  • Attempt to gain unauthorized access to our systems or networks
  • Copy, modify, distribute, sell, or lease any part of our services
  • Reverse engineer or attempt to extract the source code of our software
  • Upload or transmit any viruses, malware, or other harmful code
  • Exceed any usage limitations specified in your subscription

4. Data Ownership and Privacy

4.1 Your Data

You retain all rights, title, and interest in and to your data. We do not own the data you submit to our platform. You are solely responsible for the accuracy, quality, integrity, and legality of your data.

4.2 Data Security

We implement reasonable security measures to protect your data from unauthorized access, disclosure, alteration, and destruction. However, no internet transmission is completely secure, and we cannot guarantee absolute security.

5. Confidentiality

We will maintain the confidentiality of your information and will not disclose it to third parties except as permitted by our Privacy Policy or with your consent. Both parties agree to protect confidential information with at least the same degree of care as they would use to protect their own confidential information.

6. Service Level Commitment

We will make commercially reasonable efforts to ensure our service is available according to our service level agreement. However, we do not guarantee uninterrupted or error-free operation of the services. Scheduled maintenance will be performed during designated maintenance windows with advance notice when possible.

7. Intellectual Property Rights

All intellectual property rights in the software remain our exclusive propertNothing in these Terms transfers any right, title, or interest in our intellectual property to you. You agree not to remove, alter, or obscure any proprietary notices on the software.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

9. Limitation of Liability

9.1 Types of Damages Excluded

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST BUSINESS OPPORTUNITIES, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE.

9.2 Liability Cap

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR OUR SERVICES IS LIMITED TO THE AMOUNT YOU PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. THIS LIMITATION WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.

9.3 Exceptions

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.

10. Indemnification

You agree to indemnify, defend, and hold harmless our company, its officers, directors, employees, agents, and third-party service providers from and against any claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the services; (b) your violation of these Terms; (c) your violation of any rights of another; or (d) your data infringing any intellectual property rights.

11. Term and Termination

11.1 Term

The initial term of your subscription begins on the date specified in your order form and continues for the period specified therein. Unless otherwise specified, subscriptions will automatically renew for additional periods equal to the expiring subscription term.

11.2 Termination

We may terminate or suspend your access to the services immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the services will immediately cease.

12. Changes to Terms

We reserve the right to modify these Terms at any time by posting the amended Terms on our website7. Continued use of the services after such changes constitutes your acceptance of the revised Terms. Material changes will be notified to you via email or through the service.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of law provisions. Any dispute arising from or relating to these Terms shall be resolved exclusively in the courts of [Jurisdiction].

14. General Provisions

14.1 Force Majeure

Neither party shall be liable for delays or failures in performance resulting from causes beyond its reasonable control, including acts of God, labor disputes, or other industrial disturbances.

14.2 Assignment

You may not assign any of your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms.

14.3 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

15. Contact Information

If you have any questions about these Terms, please contact us at info@arcaneus.ai

Last Updated: March 29, 2025

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