Terms & Conditions

These Terms and Conditions (“Terms”) govern your access to and use of the website, platform, and services operated by True Mark Consulting, LLC DBA ArcasyaAI (“Arcasya,” “we,” “us,” or “our”) at www.arcasya.ai (collectively, the “Services”). By accessing or using our Services, you agree to be bound by these Terms. Our Privacy Policy is incorporated into these Terms by reference.

PLEASE READ THESE TERMS CAREFULLY. THEY INCLUDE AN ARBITRATION CLAUSE AND LIMITATION OF LIABILITY. IF YOU DO NOT AGREE, DO NOT USE OUR SERVICES.

1. Acceptance of Terms

By accessing our Services, you represent that you are at least 18 years old (or the age of majority in your jurisdiction), have the legal capacity to enter into these Terms, and — if acting on behalf of a business — are authorized to bind that entity. We may update these Terms at any time. Continued use of the Services after changes are posted constitutes acceptance of the updated Terms.

2. Description of Services

Arcasya provides an AI agent orchestration platform for small and mid-market businesses. Our Services include:

• Cloud-based AI workflow automation and agent management (the ArcasyaAI platform).
• Custom AI agent builds, consulting engagements, and implementation services.
• Lead qualification tools and business intelligence automation.
• Access to integrated third-party AI models and APIs.

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice, and without liability to you.

3. AI Services — Disclaimers and Limitations

3a. Nature of AI Outputs

Our platform uses artificial intelligence and large language models to generate content, automate tasks, and execute workflows. You acknowledge and agree that:

• AI-generated outputs may be inaccurate, incomplete, biased, or contextually inappropriate.
• AI outputs do not constitute legal, financial, medical, tax, or any other professional advice.
• You are solely responsible for reviewing, validating, and acting on any AI-generated content before use.
• Arcasya makes no representations or warranties regarding the accuracy, reliability, or fitness of AI outputs for any particular purpose.

3b. Automated Agent Actions

Certain platform features enable AI agents to perform automated actions on your behalf, including but not limited to sending emails, updating database records, triggering external API calls, and managing workflows. By enabling and using these features, you:

• Authorize Arcasya’s agents to execute actions as configured by you or your designated administrators.
• Accept full responsibility for supervising agent behavior, reviewing outputs, and auditing actions taken.
• Acknowledge that Arcasya is not liable for business losses, reputational harm, regulatory violations, or other consequences arising from automated actions you enable or authorize.

Our platform architecture includes human-approval checkpoints before high-impact actions. You are responsible for configuring and maintaining appropriate approval workflows for your use case.

3c. Third-Party AI Model Providers

Arcasya integrates with AI models from third-party providers, including Anthropic (Claude) for language models and xAI for voice models. By using our Services, you agree that your inputs may be processed by these providers in accordance with their respective terms of service and privacy policies. Arcasya is not responsible for the outputs, data handling practices, or availability of third-party AI models.

4. User Accounts and Registration

Certain features require account registration. You agree to:

• Provide accurate, current, and complete information during registration.
• Maintain the confidentiality of your login credentials.
• Notify us immediately of any unauthorized use of your account.
• Be responsible for all activity that occurs under your account.

We may suspend or terminate your account if we determine, in our sole discretion, that you have violated these Terms, engaged in fraudulent activity, or pose a risk to our platform or other users.

5. Acceptable Use

You agree to use our Services only for lawful purposes. You may not use our Services to:

• Violate any applicable federal, state, or local laws or regulations.
• Generate, distribute, or deploy AI-generated content that is false, defamatory, obscene, harassing, or designed to deceive or defraud.
• Automate spam, phishing campaigns, or unsolicited mass communications.
• Scrape, crawl, or extract data from third-party systems without proper authorization.
• Circumvent or abuse rate limits, access controls, or authentication on third-party platforms.
• Upload or transmit viruses, malware, or other harmful code.
• Attempt to gain unauthorized access to Arcasya’s systems, databases, or other users’ accounts.
• Reverse engineer, decompile, or attempt to extract the source code of our platform.
• Use our Services in any way that would violate the terms of our third-party AI model providers.

We reserve the right to suspend or terminate accounts that violate this Acceptable Use policy without notice or refund.

6. Payments, Subscriptions, and Cancellations

6a. Fees

Certain Services require payment of setup fees, monthly retainers, or other charges as described on our pricing page or in your service agreement. All fees are in U.S. dollars unless otherwise stated. You authorize us to charge your payment method on file.

6b. Recurring Subscriptions

Monthly and annual subscription plans renew automatically at the end of each billing cycle. We will provide advance notice of pricing changes. Price changes take effect at the next renewal date following notice.

6c. Cancellations

You may cancel your subscription at any time by notifying us at info@arcasya.ai with at least 30 days written notice prior to your next renewal date. Upon cancellation: (i) your access continues through the end of the paid period; (ii) no prorated refunds are issued for partial months unless otherwise specified in your service agreement; (iii) you remain responsible for all fees accrued prior to cancellation.

6d. Custom Engagements

Setup fees for custom AI agent builds and consulting engagements are non-refundable once work has commenced, unless otherwise agreed in a signed Statement of Work. Milestone-based engagements are governed by the applicable project agreement.

6e. Late Payments

Overdue invoices are subject to a late fee of 1.5% per month (or the maximum allowed by law, whichever is less). We reserve the right to suspend Services for accounts more than 30 days past due.

7. Intellectual Property

7a. Arcasya IP

All platform software, interfaces, documentation, brand assets, proprietary AI workflows, and other content created or owned by Arcasya are our exclusive intellectual property, protected by copyright, trademark, and other applicable laws. You are granted a limited, non-exclusive, non-transferable license to use the Services for your internal business purposes during your subscription term.

7b. Your Content and Data

You retain ownership of all data, content, and materials you submit to the platform. By submitting content, you grant Arcasya a limited license to process, store, and use that content solely to provide the Services to you. We do not claim ownership of your data.

7c. Custom Agent Deliverables

Unless otherwise specified in a signed agreement, custom AI agent builds created for you under a paid engagement become your property upon final payment. Arcasya retains the right to use general methodologies, frameworks, and non-client-specific learnings from engagements to improve our platform.

8. Third-Party Integrations

Our platform may integrate with or link to third-party services, including but not limited to Calendly, Supabase, Google, and AI model providers. We are not responsible for the content, availability, privacy practices, or terms of third-party services. Use of third-party integrations is at your own risk and subject to their applicable terms.

9. Service Level and Availability

Arcasya targets commercially reasonable uptime for its cloud platform but does not guarantee uninterrupted or error-free service. Scheduled maintenance, third-party outages, or force majeure events may cause temporary service interruptions. We will make reasonable efforts to provide advance notice of planned downtime. Specific SLA commitments, if any, are set forth in your service agreement.

10. Disclaimers and Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED ACCESS. ARCASYA DOES NOT WARRANT THAT AI OUTPUTS WILL BE ACCURATE, COMPLETE, OR SUITABLE FOR ANY PARTICULAR PURPOSE. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ARCASYA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR REPUTATIONAL HARM, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES YOU PAID TO ARCASYA IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF LIABILITY. IN SUCH CASES, THE ABOVE LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

12. Indemnification

You agree to defend, indemnify, and hold harmless Arcasya and its officers, directors, employees, contractors, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising from: (i) your use or misuse of the Services; (ii) your violation of these Terms; (iii) your violation of any third-party rights, including intellectual property rights; (iv) any automated actions executed by agents you configure or enable; or (v) any content you submit to the platform.

13. Confidentiality

Each party agrees to maintain the confidentiality of non-public information disclosed by the other party in connection with the Services, using at least the same degree of care as it uses to protect its own confidential information, but no less than reasonable care. This obligation does not apply to information that: (i) is or becomes publicly known without breach; (ii) was independently developed; or (iii) is required to be disclosed by law. Upon request or termination, each party will return or destroy the other’s confidential information.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Indiana, without regard to conflict of law principles. Any dispute arising from or related to these Terms or the Services shall first be submitted to good-faith negotiation between the parties. If unresolved within 30 days, disputes shall be resolved by binding arbitration administered in Hamilton County, Indiana, under rules mutually agreed upon. Nothing in this section prevents either party from seeking injunctive relief in court to prevent irreparable harm.

Class action waivers: You agree to resolve disputes individually and waive any right to participate in a class action lawsuit or class-wide arbitration.

15. Termination

Either party may terminate these Terms or your access to the Services: (i) by you, upon 30 days written notice; (ii) by Arcasya, immediately upon material breach by you of these Terms. Upon termination: all licenses granted herein cease; you must cease using the Services; any outstanding payment obligations remain in effect. Sections 3, 7, 10, 11, 12, 13, 14, and 16 survive termination.

16. Miscellaneous

Entire Agreement: These Terms, together with our Privacy Policy and any applicable service agreements or Statements of Work, constitute the entire agreement between you and Arcasya regarding the Services.

Severability: If any provision of these Terms is found invalid or unenforceable, the remaining provisions continue in full effect.

No Waiver: Failure to enforce any right under these Terms does not constitute a waiver of that right.

Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. Arcasya may assign these Terms freely, including in connection with a merger or acquisition.

Force Majeure: Arcasya is not liable for failures or delays caused by circumstances beyond our reasonable control, including natural disasters, government actions, internet outages, or third-party service failures.

17. Contact Us

For questions or legal notices regarding these Terms, contact us at:

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

For legal notices, please use the subject line: “Legal Notice — [Matter]” to ensure proper routing.