Acceptance of these terms
These Terms and Conditions (“Terms”) govern access to and use of websites, software, operating systems, integrations, communications, and related services provided by ArcFoundry, LLC (“ArcFoundry,” “we,” “our,” or “us”).
By accessing or using an ArcFoundry service, you agree to these Terms and our Privacy Policy.
If you use a service on behalf of a business or other organization, you represent that you have authority to accept these Terms on its behalf.
If you do not agree to these Terms, do not access or use the services.
ArcFoundry services
ArcFoundry designs and operates business software and operating systems that may include scheduling, workflow management, customer records, communications, reporting, automation, file storage, integrations, and other operational tools.
Individual capabilities depend on the applicable product, configuration, subscription, statement of work, or customer agreement.
We may modify, improve, replace, or discontinue features as products evolve. Where reasonably practical, we will provide notice before a material change that significantly reduces paid functionality.
Accounts and access
You agree to provide accurate account information and keep it reasonably current.
You are responsible for:
- Protecting usernames, passwords, and access links
- Managing permissions for authorized users
- Securing devices and connected accounts
- Activity performed through accounts under your control
- Promptly notifying ArcFoundry of suspected unauthorized access
Accounts may not be shared or transferred in a manner that defeats security, licensing, or user limits.
Customer data
Customers retain ownership of the business data they enter into ArcFoundry services.
You grant ArcFoundry a limited right to host, process, transmit, display, back up, and otherwise use customer data only as reasonably necessary to provide, secure, support, and improve the services.
You represent that you have the rights, permissions, and lawful basis necessary to provide customer data and allow it to be processed through the services.
You are responsible for the accuracy, legality, integrity, and quality of customer data submitted through your account.
Acceptable use and customer responsibilities
You may not use ArcFoundry services to:
- Violate applicable laws or regulations
- Infringe intellectual-property or privacy rights
- Send spam or communications without required consent
- Upload malicious code or interfere with security
- Attempt unauthorized access to systems or accounts
- Harass, threaten, defraud, or impersonate others
- Collect or process information without required authority
- Reverse engineer the services except where applicable law expressly permits it
- Resell or sublicense services unless ArcFoundry has agreed in writing
Customers are responsible for reviewing generated schedules, calculations, reports, automations, communications, and other outputs before relying on them for important business decisions.
Electronic communications
By providing contact information, you agree that ArcFoundry may send account, security, support, transactional, and service-related communications by email, telephone, or other reasonable electronic means.
Promotional communications will be subject to applicable consent and opt-out requirements.
SMS messaging terms
ArcFoundry products may enable participating businesses to send text messages concerning appointments, schedules, service progress, pickup availability, account activity, and support.
Recipients must provide voluntary consent through the applicable opt-in process before receiving messages. SMS consent is not a condition of purchase.
- Message frequency varies.
- Message and data rates may apply.
- Reply STOP to unsubscribe.
- Reply HELP for assistance.
Opt-out requests apply to the applicable messaging program. Following an opt-out request, a single confirmation message may be sent. No further messages will be sent unless the recipient subsequently opts in again.
Wireless carriers are not responsible for delayed or undelivered messages. Message delivery is subject to carrier availability and cannot be guaranteed.
Mobile opt-in information and consent will not be sold or shared with third parties for their own marketing purposes.
Third-party services and integrations
ArcFoundry services may connect with third-party platforms, including calendar, messaging, email, payment, cloud-storage, artificial-intelligence, and business-productivity providers.
Your use of a third-party service may be governed by that provider's own terms, policies, fees, and availability.
ArcFoundry is not responsible for third-party services outside its reasonable control, including changes, outages, data-handling practices, or discontinued integrations.
Fees and payment
Fees, billing intervals, included services, and payment terms will be described in the applicable order, proposal, subscription, invoice, or customer agreement.
Unless otherwise stated in writing:
- Fees are stated in United States dollars
- Customers are responsible for applicable taxes
- Amounts already earned or incurred are nonrefundable
- Late or failed payments may result in suspension of paid services
Additional work outside an agreed scope may require separate approval and fees.
Intellectual property
ArcFoundry and its licensors retain all rights in the services, software, system architecture, designs, source code, documentation, branding, workflows, templates, and related intellectual property, except for customer data and materials expressly owned by the customer.
Subject to these Terms and payment of applicable fees, ArcFoundry grants the customer a limited, revocable, non-exclusive, non-transferable right to use the applicable services for its internal business operations.
Suggestions and feedback may be used by ArcFoundry to improve its products without restriction or compensation, provided we do not publicly identify the customer without permission.
Availability and maintenance
We work to provide reliable services, but uninterrupted or error-free operation cannot be guaranteed.
Services may be unavailable because of maintenance, updates, internet or carrier failures, third-party outages, security events, natural disasters, or other circumstances outside reasonable control.
We may temporarily limit or suspend access when reasonably necessary to protect users, data, systems, or service integrity.
Disclaimers
To the maximum extent permitted by law, ArcFoundry services are provided “as is” and “as available.”
ArcFoundry disclaims implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.
ArcFoundry does not provide legal, tax, accounting, medical, employment, payroll, or other licensed professional advice. Reports and organizational tools are provided to support business operations and should be reviewed by an appropriately qualified professional when necessary.
Limitation of liability
To the maximum extent permitted by law, ArcFoundry will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, business interruption, or loss of goodwill.
To the maximum extent permitted by law, ArcFoundry's total aggregate liability arising from the services will not exceed the amount paid by the customer to ArcFoundry for the affected service during the six months immediately preceding the event giving rise to the claim.
Some jurisdictions do not allow certain exclusions or limitations, so portions of this section may not apply.
Indemnification
To the extent permitted by law, you agree to defend, indemnify, and hold harmless ArcFoundry and its owners, officers, employees, contractors, and agents from claims, losses, liabilities, and reasonable expenses arising from:
- Your misuse of the services
- Your customer data or submitted materials
- Your violation of these Terms
- Your violation of applicable law
- Your infringement of another person's rights
Suspension and termination
You may stop using the services at any time, subject to outstanding payment obligations and any separate customer agreement.
ArcFoundry may suspend or terminate access if:
- Required fees remain unpaid
- These Terms are materially violated
- The services are used unlawfully or abusively
- Continued access creates a security risk
- Required by law or a governmental authority
Sections that by their nature should survive termination will remain effective, including ownership, confidentiality, disclaimers, liability limitations, indemnification, and payment obligations.
Governing law
These Terms are governed by the laws of the State of Colorado, without regard to conflict-of-law principles.
Subject to any separate written agreement, legal proceedings concerning these Terms or the services will be brought in a state or federal court with jurisdiction in Colorado, and each party consents to that venue.
Changes to these terms
We may revise these Terms as our products, business, or legal obligations evolve.
Revised Terms will be published on this page with a new effective date. Material changes may also be announced through the service, by email, or by another reasonable method.
Continued use after revised Terms become effective constitutes acceptance of those revised Terms to the extent permitted by law.
Contact us
Questions about these Terms may be sent to:
ArcFoundry, LLC hello@arcfoundry.io arcfoundry.io