Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Arct Technology LLC ("Company," "we," "our," or "us"), a Wyoming limited liability company. These Terms govern your access to and use of our website at arct.app, our software development services, mobile applications developed by us, and any related services (collectively, the "Services").

By accessing or using any part of the Services, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, you may not access or use the Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

We reserve the right to update and change these Terms at any time. Any changes will be effective immediately upon posting to our website. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms. You are responsible for reviewing these Terms periodically.

2. Description of Services

Arct Technology LLC provides software consultancy and development services, including but not limited to:

• Custom mobile application development for iOS (Swift) and Android (Kotlin)
• Backend system architecture and development
• API design and integration services
• Technical consulting and advisory services
• Software maintenance and support
• User interface and user experience design

We also develop mobile applications that may collect, process, store, and transmit user-generated content. These applications may integrate with third-party services and APIs to provide enhanced functionality.

3. User Accounts and Registration

Certain features of our Services may require you to create an account. When you create an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent or illegal activities.

4. User Content

4.1 Definition of User Content

"User Content" means any text, images, audio, video, data, information, or other materials that you upload, submit, store, transmit, or create through our Services. This includes content created within mobile applications developed by us.

4.2 Ownership of User Content

You retain ownership of all User Content that you submit through our Services. We do not claim ownership over your User Content. However, by submitting User Content, you grant us the licenses described below.

4.3 License to User Content

By submitting User Content, you grant Arct Technology LLC a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in connection with operating and providing the Services. This license includes the right to:

• Store and back up your User Content
• Process your User Content to provide application functionality
• Transmit your User Content to third-party service providers as necessary to deliver the Services
• Analyze your User Content to improve our Services (in aggregated, anonymized form where possible)
• Display your User Content to you and, where applicable, other authorized users

4.4 User Content Representations

You represent and warrant that:

• You own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use your User Content
• Your User Content does not infringe, misappropriate, or violate any third party's intellectual property rights, privacy rights, or other proprietary rights
• Your User Content does not contain any viruses, malware, or other harmful code
• Your User Content complies with all applicable laws and regulations

4.5 Content Processing and Third-Party Services

You acknowledge and agree that your User Content may be processed by third-party services to provide application functionality. This may include:

• Artificial intelligence and machine learning services for content analysis, generation, or enhancement
• Cloud storage and computing services for data storage and processing
• Analytics services for usage tracking and improvement
• Other third-party APIs necessary for application features

By using our Services, you consent to the transmission of your User Content to these third-party services as necessary to provide the functionality you request.

5. Prohibited Uses

You agree not to use the Services to:

• Violate any applicable laws, regulations, or third-party rights
• Upload, transmit, or distribute content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property rights
• Upload content containing software viruses, malware, or other harmful code
• Interfere with or disrupt the Services or servers or networks connected to the Services
• Attempt to gain unauthorized access to any portion of the Services or any systems or networks
• Use any automated means to access the Services without our express written permission
• Collect or harvest any personally identifiable information from other users
• Use the Services for any commercial purpose not expressly permitted by us
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Circumvent, disable, or otherwise interfere with security-related features of the Services

6. Intellectual Property

6.1 Our Intellectual Property

The Services, including all content, features, and functionality (excluding User Content), are owned by Arct Technology LLC, our licensors, or other providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

6.2 Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or internal business purposes. This license does not include the right to:

• Modify, copy, or create derivative works based on the Services
• Reverse engineer, decompile, or disassemble any part of the Services
• Remove any copyright, trademark, or other proprietary notices
• Transfer or sublicense your rights under this license

6.3 Custom Development Work

For custom software development services, intellectual property ownership shall be determined by the specific terms of the project agreement between Arct Technology LLC and the client. Unless otherwise specified in a separate written agreement:

• All intellectual property rights in custom work shall transfer to the client upon full payment
• We retain the right to use general knowledge, skills, and experience gained during the engagement
• Pre-existing intellectual property remains the property of its original owner
• We may retain and reuse non-client-specific code, tools, and methodologies

7. Third-Party Services and Links

Our Services may contain links to third-party websites, services, or content that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that:

• We are not responsible for the availability or accuracy of third-party services
• Your use of third-party services is at your own risk and subject to their terms and policies
• We are not liable for any loss or damage caused by your reliance on third-party services
• Third-party AI and processing services may have their own terms of use and privacy policies

8. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

• The Services will meet your specific requirements
• The Services will be uninterrupted, timely, secure, or error-free
• The results obtained from the Services will be accurate or reliable
• Any errors in the Services will be corrected
• Third-party services integrated with our Services will function correctly
• AI-generated or AI-processed content will be accurate, complete, or suitable for any purpose

You understand and agree that you use the Services at your own discretion and risk.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ARCT TECHNOLOGY LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION:

• Loss of profits, data, use, goodwill, or other intangible losses
• The cost of procurement of substitute goods or services
• Any unauthorized access to or alteration of your transmissions or data
• Statements or conduct of any third party on the Services
• Any other matter relating to the Services

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10. Indemnification

You agree to defend, indemnify, and hold harmless Arct Technology LLC, its officers, directors, employees, agents, partners, and suppliers from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or in any way connected with:

• Your access to or use of the Services
• Your User Content
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property or privacy rights
• Your violation of any applicable laws or regulations

11. Termination

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms.

Upon termination:

• Your right to use the Services will immediately cease
• We may delete your account and any User Content associated with it
• Provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability

For consulting services engagements, termination terms shall be governed by the specific project agreement between Arct Technology LLC and the client. Upon termination of a consulting engagement, you shall pay for all services rendered up to the termination date.

12. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information shared during the course of providing or receiving Services. This obligation includes:

• Not disclosing confidential information to third parties without prior written consent
• Using confidential information only for the purposes of the engagement
• Taking reasonable measures to protect confidential information

This confidentiality obligation survives the termination of any agreement or engagement.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms or the Services shall first be attempted to be resolved through good-faith negotiations between the parties. If such negotiations fail, the dispute shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

You agree that any arbitration or legal action shall be conducted on an individual basis and not as part of a class, consolidated, or representative action.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Arct Technology LLC concerning the Services.

14.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

14.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

14.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

14.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

15. Contact Information

For questions about these Terms of Service, please contact us at:

Arct Technology LLC
Email: [email protected]