Terms & Conditions

1. Service Description

Arkai provides a cloud-based platform that allows users (primarily businesses) to design, build, and run automated workflows and agents ("Workflows") using Artificial Intelligence (AI) models provided by us or third parties, through a "no-code" or "low-code" visual interface. The Service includes access to the Platform, Workflow creation tools, access to the template marketplace (if applicable), execution of those Workflows, and related support as per the contracted plan.

2. Eligibility and Account Registration

• Eligibility: You must be at least 18 years old and have the legal capacity to enter into a binding contract. If you use Arkai on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

• Registration: To access most functionalities, you must register and create an account. You agree to provide accurate, current, and complete information during the registration process and to keep it updated.

• Account Security: You are responsible for maintaining the confidentiality of your account credentials (username and password) and for all activities that occur under your account. You must notify us immediately at info@arkai.app of any unauthorized use of your account. We will not be responsible for any loss or damage arising from your failure to comply with this security obligation.

3. License and Intellectual Property

• License: Subject to these Terms and the payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Arkai Platform solely for your internal business purposes during your subscription term.

• Arkai Ownership: We (and our licensors) retain all rights, title, and interest in the Arkai Platform, including all underlying software, code, interfaces, graphics, design, compilation, information, data, products, and all other elements of the Platform, as well as any improvements or derivative works thereof ("Arkai Property"). These Terms do not grant you any rights to the Arkai Property, except for the limited license expressly granted.

• Feedback: If you provide us with suggestions, ideas, or comments about the Platform ("Feedback"), you grant us a worldwide, perpetual, irrevocable, royalty-free, and fully paid-up right to use and incorporate such Feedback into our products and services without any obligation to you.

4. User Content and Data

• Your Content: You retain ownership of all the information, data, text, or any other material you enter, upload, configure, or generate while using the Platform, including input data you provide to Workflows and specific results generated by the Workflows for you ("User Content").

• License to Arkai: You grant Arkai a worldwide, non-exclusive, royalty-free, and fully paid-up license (with the right to sublicense to our necessary service providers) to host, transfer, display, perform, reproduce, modify (for formatting purposes), and distribute your User Content solely as necessary to operate and provide the Arkai Platform and Services for you, and as permitted in our Privacy Policy.

• Content Responsibility: You are solely responsible for your User Content, including its legality, reliability, accuracy, and appropriateness. You represent and warrant that you have all the rights necessary to grant us the license to your User Content and that such content does not infringe or violate any third-party rights or applicable laws.

• AI Processed Data: You understand and agree that to provide the Service, your input data may be processed by third-party AI models as described in our Privacy Policy. While we select providers committed to not using your data to train their models, we do not directly control the internal operations of these third parties. The use of AI is at your own risk (see Section 9 and 10).

• Use of Aggregated/Anonymized Data: We may collect aggregate and anonymized statistical and performance data related to the use of the Platform to analyze, improve, and operate our services, provided that such data does not identify any specific user or entity.

5. Obligations and Acceptable Use

You agree to use the Arkai Platform in compliance with all applicable laws and regulations and these Terms. You must not (nor allow third parties to):

• Use the Platform for illegal, harmful, fraudulent, deceptive, harassing, defamatory, or infringing activities.

• Generate or distribute content that is illegal, promotes illegal activities, is hateful, discriminatory, threatening, obscene, or invades others' privacy.

• Use the Platform to generate or facilitate disinformation, spam, or unsolicited content.

• Attempt to reverse engineer, decompile, disassemble, or discover the source code of the Platform.

• Interfere, disrupt, or attempt to gain unauthorized access to systems, networks, or other users' accounts related to the Platform.

• Use the Platform in a way that could damage, disable, overburden, or impair our servers or networks.

• Introduce viruses, trojans, worms, or other malicious material.

• Infringe Arkai or third-party intellectual property rights.

• Use the Platform to develop a competitive product or service.

• Violate specific usage restrictions associated with your subscription plan (e.g., credit limits, number of users).

• Use AI results to make critical decisions (legal, financial, medical, etc.) without independent and qualified human oversight and verification.

You are responsible for ensuring that your use of AI through Arkai complies with the acceptable use policies of underlying AI model providers, if applicable. We reserve the right to investigate and take appropriate action (including suspending or terminating your account) if we suspect a violation of this section.

6. Fees, Payment, and Subscription

• Plans and Fees: Access to the Platform requires a paid subscription based on the offered plans (e.g., Starter, Pro, Business). Fees, features, and limits (such as monthly "credits" for AI execution) for each plan are detailed on our pricing page. Fees are payable in advance according to the chosen billing cycle (monthly or annual).

• Credit System: The use of certain AI functionalities consumes "credits." Details on how credits are consumed are available on the Platform or pricing page. Credits renew at the start of each billing cycle or can be recharged according to available options. Unused credits generally do not roll over to the next cycle unless otherwise stated.

• Payment: We use Stripe as an external payment processor. By providing your payment information, you authorize Stripe (and us through Stripe) to charge the applicable subscription fees to your chosen payment method. You are responsible for keeping your payment information up to date.

• Automatic Renewal: Unless you cancel your subscription before the end of the current billing period, your subscription will automatically renew for an equivalent term, and you will be charged the then-current fees.

• Price Changes: We reserve the right to change our fees. We will notify you of any changes with reasonable advance notice (e.g., 30 days) before they take effect. Your continued use after the fee change constitutes your agreement to pay the revised amount.

• Taxes: Fees do not include applicable taxes (such as VAT), which will be added to your invoice if applicable under current law.

• Non-payment: If we cannot process your payment, we may suspend or terminate your access to the Platform until payment is received.

7. Third-Party Services

The Platform may integrate with or require the use of services, software, or data provided by third parties (including, but not limited to, Stripe for payments, Microsoft Azure for hosting, Google Analytics, and AI model providers like OpenAI, Anthropic, etc.). Your use of these third-party services is subject to their own terms and conditions and privacy policies. We are not responsible for the performance, availability, content, or practices of third-party services. Specifically, we are not responsible for the accuracy, biases, availability, or results generated by third-party AI models.

8. Confidentiality

"Confidential Information" means all non-public information disclosed by one party to the other, designated as confidential or which should reasonably be understood as confidential. Our Confidential Information includes Arkai Property. Your Confidential Information includes your non-public User Content. Both parties agree not to disclose the other party's Confidential Information and to use it only to fulfill their obligations under these Terms. Confidentiality obligations do not apply to information that is public knowledge, already known by the recipient, received from a third party without confidentiality obligation, or independently developed. The handling of your personal data is governed by our Privacy Policy.

9. Disclaimer of Warranties (NO WARRANTIES)

THE ARKAI PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARKAI DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

ARKAI DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR VIRUS-FREE. ARKAI DOES NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ANY INFORMATION OR RESULT OBTAINED THROUGH THE PLATFORM, INCLUDING SPECIFICALLY RESULTS GENERATED BY AI MODELS. YOUR USE OF ANY INFORMATION OR RESULT OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK AND RESPONSIBILITY. YOU ACKNOWLEDGE THAT AI MODELS MAY PRODUCE INACCURATE, BIASED, OR UNEXPECTED RESULTS.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ARKAI (OR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES) BE LIABLE TO YOU OR ANY THIRD PARTY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, LOSS OF GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS OR USE OR INABILITY TO ACCESS OR USE THE PLATFORM; (ii) ANY THIRD-PARTY CONDUCT OR CONTENT ON THE PLATFORM; (iii) ANY CONTENT OBTAINED FROM THE PLATFORM; (iv) USE OR RELIANCE ON AI RESULTS THROUGH THE PLATFORM; OR (v) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF ARKAI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARKAI'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE TOTAL AMOUNT YOU HAVE PAID US FOR THE USE OF THE PLATFORM IN THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Therefore, some of the above limitations may not apply to you.

11. Indemnification

You agree to defend, indemnify and hold harmless Arkai and its directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debts, and expenses (including but not limited to attorney's fees) arising from: (i) your use and access to the Platform; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including, without limitation, any intellectual property right or right of privacy; or (iv) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Platform.

12. Term and Termination

• Term: These Terms commence on the date you first accept them (e.g., by registering) and continue as long as you have an active account or use the Platform.

• Termination by You: You can cancel your subscription and close your account at any time through your account settings or by contacting us at info@arkai.app. Cancellation will be effective at the end of the current billing cycle for which you have paid, and you will not be entitled to a refund for the remaining period, unless required by law.

• Termination/Suspension by Us: We may suspend or terminate your access to the Platform with immediate effect if: (i) you materially breach these Terms (including non-payment); (ii) your use of the Platform poses a security risk to Arkai or third parties; (iii) we suspect fraudulent or illegal activity; or (iv) we are required by law. We will try to notify you with reasonable advance notice unless circumstances require immediate action. We may also terminate access for users with free accounts inactive for an extended period.

• Effects of Termination: Upon termination or expiration, your license to use will end. You must cease all use of the Platform. We may delete your User Content in accordance with our Privacy Policy and data retention practices. Sections that by their nature should survive termination (including, but not limited to, Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, Confidentiality, Governing Law) will remain in effect.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. We will post the modified Terms on our website or notify you through the Platform or by email. Changes will take effect on the date indicated in the modified Terms. If you continue using the Platform after the effective date, you will be deemed to have accepted the changes. If you do not agree with the modified Terms, you must stop using the Platform and cancel your account.

14. Governing Law and Dispute Resolution

These Terms will be governed by and construed in accordance with the laws of Spain, without regard to its conflict of law principles. Any dispute, controversy, or claim arising out of or relating to these Terms or the Platform will be submitted to the exclusive jurisdiction of the courts of the city of Gijón, Asturias, Spain, waiving any other jurisdiction that may correspond.

15. Miscellaneous

• Entire Agreement: These Terms, along with the Privacy Policy and any other document incorporated by reference, constitute the entire agreement between you and Arkai regarding the Platform and supersede all previous agreements.

• Assignment: You cannot assign or transfer these Terms or your rights or obligations under them, without our prior written consent. We may assign these Terms freely.

• Severability: If any provision of these Terms is held invalid or unenforceable, such provision will be interpreted as closely as possible to reflect the original intent of the parties, and the remaining provisions will remain in full force and effect.

• Waiver: No waiver of any term of these Terms will be considered a further or continuing waiver of such term or any other term.

• Notifications: We may send you notifications through the email address associated with your account or by postings on the Platform.

16. Contact

If you have any questions about these Terms and Conditions, please contact us at: info@arkai.app.