Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the AI optimization platform, control plane, APIs, website, and related services offered by Arcpoint, Inc. (“Arcpoint,” “we,” “us,” or “our”), operating under the domain arcpoint.ai (the “Services”). By signing up for or using the Services, you agree to these Terms. If you are using the Services on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms.

1. Eligibility

• You must be at least 18 years old to use the Services.
• You must have the legal capacity to form binding contracts.
• You warrant that your use of the Services is not prohibited by any applicable law.

2. Account Registration & Security

• To access certain features, you must register for an account.
• Provide accurate, current, and complete information during registration, and update as needed.
• You are responsible for maintaining the confidentiality of your credentials.
• Notify Arcpoint immediately of any unauthorized use or breach of security.

3. License & Use of Services

3.1 License Grant

Subject to these Terms, Arcpoint grants you a non-exclusive, non-transferable, non-sublicensable, revocable license to use the Services for your internal business operations.

3.2 Acceptable Use

You must not:

• Reverse engineer, decompile, or attempt to derive the source code or underlying algorithms.
• Use the Services as a service to third parties unless explicitly allowed in a written agreement.
• Interfere with, disrupt, or degrade the Services (e.g., load testing, DoS).
• Upload or transmit unlawful or infringing data.
• Use the Services in violation of applicable laws or third-party terms.

4. Customer Data & AI Outputs

4.1 Customer Data

“Customer Data” means the data, metrics, logs, and inputs you ingest into Arcpoint. You retain all ownership rights. You grant Arcpoint a limited, revocable license to process Customer Data solely to provide and improve the Services.

4.2 AI-Generated Outputs

“Output” means the results, recommendations, compressed prompts, or other artifacts produced by the Services from your Customer Data. You own all rights to Outputs (unless otherwise agreed). We may collect aggregated, non-identifiable usage metrics to improve our models, but we will not use your Customer Data to train core models in a way that re-identifies you (unless otherwise agreed).

4.3 Data Security

We implement reasonable safeguards to protect Customer Data. However, you acknowledge that no system is perfectly secure, and you accept the risks inherent in cloud services.

5. Third-Party Integrations

The Services may integrate with or rely on third-party tools and platforms. Your use of those integrations is subject to both these Terms and the third party’s terms. Arcpoint is not responsible for failures or security issues arising from third-party services.

6. Fees, Billing & Payment

• If you subscribe to a paid plan, you agree to pay the specified fees.
• Unless otherwise stated, all fees are non-refundable.
• We may suspend or terminate access for non-payment.
• Pricing changes will be communicated with at least 30 days’ notice for material changes.

7. Intellectual Property

All intellectual property rights in the Services are owned by Arcpoint or its licensors. Except for the license expressly granted in Section 3, you acquire no rights to our IP.

8. Confidentiality

“Confidential Information” includes non-public information disclosed in connection with the Services. Each party will use reasonable measures to protect the other party’s Confidential Information and use it only to perform obligations under these Terms.

9. Warranties & Disclaimers

The Services are provided “as is” and “as available.” Arcpoint disclaims all warranties to the fullest extent permitted by law, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. AI-generated Outputs may be incorrect or incomplete; you are responsible for validation.

10. Limitation of Liability

• Indirect Damages: Arcpoint is not liable for indirect, special, incidental, punitive, or consequential damages.
• Cap on Liability: Our aggregate liability will not exceed the fees you paid in the 12 months preceding the claim.

11. Indemnification

You agree to indemnify and hold Arcpoint harmless from claims arising out of your misuse of the Services, violation of these Terms, or unlawful use of Customer Data.

12. Suspension & Termination

We may suspend access for material breach or security/legal reasons. Either party may terminate for cause upon 30 days’ notice and failure to cure. After termination, licensed access ends. You may request a data export within 30 days.

13. Modification of Terms

We may update these Terms from time to time and will notify you of material changes. Continued use after changes become effective constitutes acceptance.

14. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Delaware, without regard to conflicts principles. Disputes will be resolved by binding arbitration in New York City, NY, except that either party may seek injunctive relief.

15. Miscellaneous

• Entire Agreement: These Terms plus any Order Form constitute the entire agreement.
• Severability: If any part is invalid, the rest remains in effect.
• Assignment: You may not assign without our consent; we may assign in connection with a merger or sale.
• Notices: We may send notices to your account email. You may contact us at legal@arcpoint.ai.

16. Contact

For questions, contact us at legal@arcpoint.ai.