End User License Agreement

This End User License Agreement (“EULA”) is between True Mark Consulting, LLC DBA ArcasyaAI (“ArcasyaAI,” “we,” or “us”) and the customer that accepts it (“you”). It covers LaunchpadOS, custom toolkits and other paid deliverables, and white-label use of the platform. It is a license schedule to the Terms and Conditions. The Acceptable Use Policy, the Privacy Policy, and, when the parties sign it, the Data Processing Agreement are part of the same contract.

You accept this EULA by creating an account or starting a trial with the checkbox on secure.arcasya.ai, or by signing an Order Form that incorporates it. You must be at least 18 years old and, if you act for a business, authorized to bind it.

The Services include the public website at www.arcasya.ai and the product application at secure.arcasya.ai, including sign-in at secure.arcasya.ai/login and trial signup at secure.arcasya.ai/signup. app.arcasya.ai and launchpad.arcasya.ai redirect to the product application. Other hosts on arcasya.ai that serve the same application are part of the Services.

1. Parties, definitions, and order of precedence

In this EULA:

• Order Form means the signed or online order that names the plan, seats, fees, and any white-label or delivery terms.
• Statement of Work or SOW means a statement of work for custom services or a Deliverable.
• LaunchpadOS means the ArcasyaAI software-as-a-service platform, including the agent engine, shared libraries, prompts, agent frameworks, and model routing.
• Background IP means everything ArcasyaAI owned or developed apart from a specific Deliverable, including LaunchpadOS and improvements to it.
• Deliverable means a custom agent, toolkit, workflow, or other work product that an Order Form or SOW identifies as a deliverable.
• Customer Data means data you or your users submit to the Services, including prompts, files, and outputs stored in your workspace.

If documents conflict, this order controls:

1. The Order Form.
2. The Statement of Work.
3. Addenda, including this EULA and the DPA. The DPA controls on processing of personal data. This EULA controls on the license, Background IP, and white-label rights.
4. The Terms and Conditions.
5. The Acceptable Use Policy, Privacy Policy, Cookie Policy, and Security page.

2. LaunchpadOS license

ArcasyaAI grants you a non-exclusive, non-transferable, non-sublicensable (except as Section 4 allows) license to access and use LaunchpadOS during the subscription term, for your internal business purposes, up to the users and seats on the Order Form. The license ends when the subscription ends, except for the Background IP license in Section 3 and the handover in Section 15.

3. Deliverables and Background IP

You own Customer Data. On final payment for a Deliverable, ArcasyaAI assigns to you its copyright in the original work product created specifically for you, excluding Background IP.

Background IP stays ArcasyaAI’s. If a Deliverable includes Background IP, ArcasyaAI grants you a perpetual, non-exclusive, royalty-free license to use that embedded Background IP only as part of that Deliverable, for the use the Order Form describes. You may not extract the Background IP, resell it, or use it separately to build a competing product.

Open-source components stay under their own licenses. When an Order Form calls for source delivery, ArcasyaAI will include the notices for open-source components in that delivery.

4. White-label rights

If an Order Form grants white-label rights, you may apply your own branding to the customer-facing surface and sublicense access to your own end users as part of your service. You may not resell or sublicense LaunchpadOS as a standalone platform, and you may not copy the core to offer a competing product.

You will pass these duties down to end users, in terms that are no less protective:

• No reverse engineering of the platform and no sharing of access keys.
• Compliance with the Acceptable Use Policy.
• The AI disclaimers in Section 7, including that outputs are not guaranteed and that high-risk uses are restricted.
• ArcasyaAI’s ownership of Background IP.

Your marks stay yours. ArcasyaAI’s marks stay ArcasyaAI’s. The Order Form states whether ArcasyaAI’s marks are hidden on the white-label surface. When the white-label term ends, the sublicenses end, you stop offering the service, and end users lose access. Paid Deliverables remain subject to Section 3 and Section 15.

5. Restrictions

You will not, and will not allow others to:

• Reverse engineer, decompile, or try to extract the source of LaunchpadOS, except where the law forbids this limit.
• Use the Services to build a competing product, or benchmark them for publication without our written consent.
• Share seats, keys, or credentials outside the licensed users.
• Remove proprietary notices.
• Use the Services in violation of the Acceptable Use Policy or a model provider’s usage policy.

6. Customer Data

You own Customer Data. You grant ArcasyaAI a limited license to host, process, and transmit it only to provide the Services, to secure them, and to meet the law. You may export Customer Data during the term. After the term ends, Section 15 and the DPA govern deletion and export.

Customer Confidential Data is never used to train AI models. Only anonymized, aggregated performance signals (Aggregate/De-identified Data) may be used to improve the shared platform. There is no opt-in that permits training on Customer Confidential Data.

Customer Confidential Data means information a customer or user submits to the Services that identifies a person or a customer, or that the customer treats as confidential, including prompts, files, credentials, workspace contents, and outputs stored for that customer. Aggregate/De-identified Data means performance signals that do not identify a customer, a person, or the contents of a customer's workspace, including error and deviation counts.

7. AI terms

The Services are built on xAI, Anthropic, OpenAI, and Google. Grok from xAI (grok-4.7) is the default text model, and xAI also provides voice (grok-voice-latest). Claude (Anthropic), GPT (OpenAI), and Gemini (Google) are available only when an operator selects them. They are not the default. Google Workspace APIs (Gmail, Calendar, and Drive) run only when a customer connects them. Provider terms that apply to data sent to that provider: x.ai/privacy, privacy.anthropic.com, openai.com/policies/privacy-policy, and policies.google.com/privacy.

You will comply with those providers’ usage policies for data you send through the Services. ArcasyaAI does not control a provider’s availability or its independent handling of API data.

As between you and ArcasyaAI, you own the outputs the Services generate for you, subject to third-party rights and the providers’ terms. ArcasyaAI does not guarantee that an output is accurate, unique, or free of third-party intellectual property claims.

Agents act inside the permissions and approvals you configure. External side effects wait for a human approval step unless a later Order Form says otherwise. You are responsible for the actions you approve, for the scopes you grant, and for telling your own end users when they are dealing with an AI agent where the law or the Acceptable Use Policy requires that disclosure.

You will not use the Services as the sole basis for a decision about employment, credit, housing, insurance, medical care, or legal rights. You are responsible for determining whether a law such as the Colorado AI Act applies to your use. TODO for attorney review: confirm this high-risk list before publication.

The Acceptable Use Policy is part of this EULA.

8. Credentials and integrations

Integration credentials are held per tenant. They are encrypted and used for that tenant. You will not place one customer’s keys in a shared or global credential, and you will not reuse another tenant’s OAuth grant. You choose the scopes you connect. ArcasyaAI uses those credentials only to perform the integration you turned on.

9. Fees, trial, renewal, and suspension

Fees are the amounts on the Order Form or the public pricing page, in U.S. dollars. Paid plans renew for the same term unless you cancel as the Terms describe. We may suspend the Services for a material breach or for invoices more than 30 days past due, after notice where the Terms require it.

The public LaunchpadOS trial is 10 days and does not require a card. The product stamps a trial period of that length. This draft does not state an automatic shutoff, because the code records the period end and does not yet enforce it. TODO for attorney review: confirm with product what the customer is told when the 10 days end, and do not describe a credit allotment on this page.

10. Support and SLA exhibit

Support for a managed or paid tier is what the Order Form describes. This draft does not state an uptime target or a service credit.

Exhibit A — Service level (placeholder)

Uptime target: TODO for attorney review. Service credit if the target is missed: TODO for attorney review. Exclusions (maintenance, customer systems, model-provider outages, force majeure): TODO for attorney review. No number in this exhibit is in effect until counsel and an Order Form state it.

11. Warranties

Each party warrants that it has the authority to enter this EULA. ArcasyaAI warrants that it will provide LaunchpadOS with reasonable care and skill. Advisory work, including Fractional CTO services, is professional judgment. It is not a guarantee of a business result, and it is not legal, financial, medical, or tax advice.

Except for the warranties in this section, the Services are provided “as is.” ArcasyaAI disclaims implied warranties of merchantability, fitness for a particular purpose, and non-infringement, and disclaims any warranty that AI outputs are accurate or uninterrupted.

12. Indemnities

You will defend and indemnify ArcasyaAI and its officers, employees, and agents against third-party claims arising from your Customer Data, your configuration and approval of agent actions, your breach of the Acceptable Use Policy, or your white-label end users’ use of the service.

ArcasyaAI will defend and indemnify you against a third-party claim that unmodified LaunchpadOS code provided by ArcasyaAI infringes a United States patent, copyright, or trademark. This indemnity does not cover Customer Data, your modifications, combination with anything ArcasyaAI did not provide, AI outputs, open-source components to the extent the claim is caused by those license terms, or use after we notify you to stop. We may procure a license, replace the affected code, or terminate the affected Service and refund prepaid unused fees for that Service. This section is your exclusive remedy for that infringement claim.

The indemnified party must give prompt notice, reasonable cooperation, and sole control of the defense to the indemnifying party, except that a settlement that admits fault or imposes a duty on the indemnified party needs that party’s consent.

TODO for attorney review: decide whether either party must carry insurance, and the limits. This draft states none.

13. Liability

Neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost data, or business interruption, even if advised of the possibility. This limit does not apply where the law forbids it.

General cap. Each party’s total liability arising out of the Services is the greater of the fees you paid to ArcasyaAI for the Services in the 12 months before the claim, or one hundred U.S. dollars ($100).

Data-breach and confidentiality cap. For a claim arising from a breach of Section 14 or a Security Incident involving Customer Data, the cap is three times the general cap. TODO for attorney review: this multiple is a placeholder. Confirm the multiple, the floor, and any carve-out for fraud or willful misconduct before publication.

14. Confidentiality and the DPA

Each party will protect the other’s non-public information with at least reasonable care and will use it only to perform this EULA. The duty does not cover information that is public through no breach, was independently developed, or must be disclosed by law. The Data Processing Agreement is incorporated when the parties are processing personal data. The training rule in Section 6 is part of this confidentiality duty.

15. Term, termination, and handover

This EULA starts when you accept it and continues for the subscription or SOW term. Either party may terminate for a material breach that is not cured within 30 days after notice, or immediately if the Acceptable Use Policy is violated. You may end a subscription on the notice in the Terms.

When the term ends, your LaunchpadOS license ends. We will make Customer Data available for export for 30 days, then delete it as the DPA describes, unless the law requires us to keep it. Paid Deliverables are handed over in the form the Order Form states. Background IP is not handed over except for the embedded license in Section 3.

If the Order Form names an escrow agent and a release condition, ArcasyaAI will deposit the then-current customer-specific Deliverable with that agent. This draft does not name an escrow agent or a release condition. TODO for attorney review: decide whether a standing escrow is required.

For Fractional CTO and other advisory work, neither party will solicit the other party’s employees who worked on the engagement, for 12 months after it ends. TODO for attorney review: confirm the period and the exceptions (general ads, people who apply without solicitation).

16. Changes

For a paid subscription, we will notify you by email to the account address and by a notice in the application before a material change. The change takes effect at your next renewal and does not change the current paid term. For the public website, the Last updated date on this page is the notice.

17. Governing law and disputes

These terms are governed by the laws of the State of Indiana, without regard to conflict of law principles. The parties will first try to resolve a dispute by good-faith negotiation for 30 days. If it is still open, either party may start binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The seat and venue are Hamilton County, Indiana. One arbitrator decides the dispute.

Either party may bring an individual action in small-claims court in Hamilton County, Indiana. Either party may seek provisional injunctive relief from a court in Hamilton County, Indiana to protect intellectual property or confidential information. You agree to resolve disputes individually and waive any right to participate in a class action or class-wide arbitration.

18. Other terms

Export. You will not use or export the Services in violation of U.S. export control or sanctions laws.

Publicity. ArcasyaAI will not use your name or marks in public marketing without your consent.

Assignment. You may not assign this EULA without our written consent. ArcasyaAI may assign it in connection with a merger, acquisition, or sale of the business.

Notices. Legal notices to ArcasyaAI go to the address and email below, with the subject line “Legal Notice — [Matter].” One email address is used for legal notices, privacy requests, security reports, and cancellation.

True Mark Consulting, LLC DBA ArcasyaAI
23200 Deming Road, Cicero, Indiana 46034, United States
Email: contact@arcasya.ai

Sections 3, 5, 6, 7, 11, 12, 13, 14, 15, and 17 survive termination.