Terms of Service
These Terms of Service (the "Terms") are a binding agreement between you and Arcmira, Inc. ("Arcmira", "we", "us", or "our"), a company based in San Francisco, California. They govern your access to and use of the Arcmira websites, applications, APIs, and related products and services (collectively, the "Services").
By accessing or using the Services, creating an account, or clicking to accept these Terms, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the Services.
These Terms contain a binding arbitration provision and a class action waiver in Section 14. They affect how disputes between you and Arcmira are resolved. Please read them carefully.
1. Eligibility
You must be at least 18 years old and capable of forming a binding contract to use the Services. If you use the Services on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to both you and that organization.
2. Accounts
You are responsible for your account, for maintaining the confidentiality of your credentials and API keys, and for all activity that occurs under your account. You agree to provide accurate information and to keep it current. You must notify us promptly of any unauthorized use of your account. We are not liable for any loss arising from unauthorized use of your account.
3. The Services
Arcmira is a media intelligence platform. The Services index, analyze, and present information derived from publicly available media and other sources, and generate automated analysis, summaries, transcripts, rankings, sentiment, and related outputs (collectively, "Output").
We may modify, suspend, or discontinue any part of the Services at any time, with or without notice. Features offered on free plans or labeled beta, preview, labs, or experimental are provided as-is, may change or end at any time, and may be subject to additional limits.
4. AI and Automated Output
The Services use artificial intelligence and other automated systems to produce Output. You acknowledge and agree that:
- Output is generated automatically and may be inaccurate, incomplete, outdated, misattributed, or otherwise wrong, including transcripts, summaries, sentiment, statistics, entity associations, and any other analysis.
- Output is provided for informational purposes only. It is not professional, legal, financial, investment, or any other form of advice, and it is not a statement of fact by Arcmira.
- You are solely responsible for evaluating Output before relying on it and for any decision or action you take based on the Services.
- We make no representation or warranty of any kind regarding the accuracy, completeness, or reliability of any Output.
5. Third-Party and Public Media Content
The Services present information about and derived from content owned by third parties, including videos, podcasts, and other publicly available media. Arcmira does not claim ownership of that underlying content, and the appearance of any person, channel, brand, or content in the Services does not imply affiliation with or endorsement by Arcmira or by the rights holder.
Portions of the Services use YouTube API Services. By using those features, you also agree to the YouTube Terms of Service and acknowledge the Google Privacy Policy.
We are not responsible for third-party content, websites, or services linked to or presented through the Services.
6. Copyright and Takedown Requests
We respect intellectual property rights. If you believe content available through the Services infringes your copyright, or if you are a rights holder and want content about you or your work reviewed or removed, contact us at contact@arcmira.com with (a) identification of the material and its location within the Services, (b) your contact information, (c) a statement that you have a good faith belief the use is not authorized, and (d) a statement, under penalty of perjury, that the information in your notice is accurate and that you are the rights holder or authorized to act on their behalf. Our designated agent for notices under the Digital Millennium Copyright Act can be reached at the same address. We may remove content and may terminate accounts of repeat infringers at our discretion.
7. Acceptable Use
You agree not to, and not to permit or assist anyone else to:
- scrape, crawl, harvest, or bulk-download data from the Services, or use any automated means to access the Services except through interfaces we provide and permit;
- resell, redistribute, sublicense, or make available Services data or Output to third parties as a standalone product or dataset;
- reverse engineer, decompile, or attempt to discover the source code, models, or underlying components of the Services;
- circumvent or exceed rate limits, usage limits, or access controls, or share, rotate, or abuse API keys;
- use the Services or Output to violate any law or regulation, to infringe or violate the rights of any person, including privacy, publicity, and intellectual property rights, or to harass, defame, or harm any person;
- interfere with or disrupt the Services, probe or test their vulnerability, or impose an unreasonable load on our infrastructure;
- use the Services to develop a competing product, or to train machine learning models on Services data or Output without our prior written consent; or
- misrepresent your identity or affiliation, or provide false information.
We may investigate suspected violations and may suspend or terminate access without notice where we believe a violation has occurred.
8. Your Content and Feedback
You retain ownership of content you submit to the Services, such as corrections, notes, monitor configurations, and other materials ("User Content"). You grant Arcmira a worldwide, non-exclusive, royalty-free, sublicensable license to host, use, reproduce, modify, display, and distribute User Content as needed to operate, improve, and develop the Services. You represent that you have the rights necessary to grant this license.
If you provide feedback, suggestions, or ideas, we may use them without restriction or obligation to you.
9. Intellectual Property
The Services, including software, design, Output, data compilations, trademarks, and all related intellectual property, are owned by Arcmira or its licensors. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for your internal business or personal use. No other rights are granted. We may revoke this license at any time.
10. Subscriptions, Fees, and Payment
Some parts of the Services require payment. By subscribing, you authorize us and our payment processor to charge your payment method the applicable fees, plus any taxes, on a recurring basis. Unless otherwise stated:
- subscriptions renew automatically at the end of each billing period until cancelled;
- you may cancel at any time, effective at the end of the current billing period, and we do not provide refunds or credits for partial periods except where required by law;
- plans are subject to tier, usage, and rate limits that we may set and adjust; and
- we may change pricing with notice, effective for subsequent billing periods; continued use after the change takes effect constitutes acceptance.
Failure to pay may result in suspension or termination of paid features or your account.
11. Suspension and Termination
You may stop using the Services at any time. We may suspend or terminate your access to all or part of the Services at any time, with or without cause and with or without notice, including for violation of these Terms, legal risk, or discontinuation of the Services. Upon termination, your license ends and we may delete your account data, subject to our Privacy Policy and applicable law. Sections that by their nature should survive termination will survive, including Sections 4, 5, 8, 9, and 12 through 17.
12. Disclaimers
The Services and all Output are provided "as is" and "as available", without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, accuracy, and non-infringement. We do not warrant that the Services will be uninterrupted, timely, secure, or error-free, that any Output will be accurate or reliable, or that defects will be corrected. You use the Services at your own risk.
13. Limitation of Liability
To the maximum extent permitted by law, Arcmira and its officers, directors, employees, agents, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunity, arising out of or relating to the Services or these Terms, even if advised of the possibility of such damages.
To the maximum extent permitted by law, the total aggregate liability of Arcmira for all claims arising out of or relating to the Services or these Terms will not exceed the greater of (a) the amounts you paid to Arcmira for the Services in the twelve months before the event giving rise to the claim, or (b) one hundred US dollars ($100).
Some jurisdictions do not allow certain limitations, so some of the above may not apply to you. In those jurisdictions, liability is limited to the fullest extent permitted by law.
14. Dispute Resolution, Arbitration, and Class Action Waiver
Please read this section carefully. It requires that most disputes be resolved through binding individual arbitration rather than in court.
Informal resolution
Before filing a claim, you agree to contact us at contact@arcmira.com and attempt to resolve the dispute informally for at least 30 days.
Binding arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms or the Services that is not resolved informally will be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this section. The arbitration will be conducted in English, by a single arbitrator, in San Francisco County, California, or remotely by agreement. Judgment on the award may be entered in any court of competent jurisdiction.
Class action and jury trial waiver
You and Arcmira each waive the right to a trial by jury and the right to participate in a class action, class arbitration, or other representative proceeding. Disputes may be brought only on an individual basis.
Exceptions
Either party may bring an individual claim in small claims court, and either party may seek injunctive or other equitable relief in court for infringement or misuse of intellectual property or for unauthorized access to the Services.
Opt-out
You may opt out of this arbitration agreement by emailing contact@arcmira.com within 30 days of first accepting these Terms, stating your name, the email associated with your account, and your intent to opt out of arbitration. Opting out does not affect any other part of these Terms.
15. Indemnification
You agree to defend, indemnify, and hold harmless Arcmira and its officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or related to (a) your use of the Services or Output, (b) your User Content, (c) your violation of these Terms, or (d) your violation of any law or the rights of any third party.
16. Governing Law and Venue
These Terms are governed by the laws of the State of California, without regard to conflict of law principles. For any claim not subject to arbitration, you and Arcmira consent to the exclusive jurisdiction and venue of the state and federal courts located in San Francisco County, California.
17. General
- Changes to these Terms. We may update these Terms from time to time. If we make material changes, we will provide notice through the Services or by other reasonable means. Continued use of the Services after changes take effect constitutes acceptance of the updated Terms.
- Export and sanctions. You may not use the Services in violation of US export control or sanctions laws, and you represent that you are not located in an embargoed country or on any restricted party list.
- Assignment. You may not assign these Terms without our prior written consent. We may assign them in connection with a merger, acquisition, or sale of assets.
- Severability. If any provision is found unenforceable, it will be modified to the minimum extent necessary and the rest of the Terms remain in effect.
- No waiver. Failure to enforce a provision is not a waiver of the right to enforce it later.
- Entire agreement. These Terms, together with the Privacy Policy and any additional terms presented for specific features, are the entire agreement between you and Arcmira regarding the Services.
18. Contact
Questions about these Terms can be sent to contact@arcmira.com.