Terms of Use
These Terms of Use (the “Terms”) are a binding agreement between Arcware, Inc. (“Arcware,” “we,” “us,” or “our”) and any person or entity (“you”) who accesses or uses the website located at arcware.us (the “Site”). By accessing or using the Site, you agree to these Terms. If you do not agree, do not use the Site.
1. About these Terms
These Terms govern your use of the Site only. Arcware’s inference products and services, including the Arcware API and any dedicated capacity offerings (collectively, the “Services”), are governed by separate written agreements between Arcware and the applicable customer. Where a separate agreement conflicts with these Terms, the separate agreement controls for the Services it covers.
2. Eligibility
You must be at least 13 years of age to use the Site. If you use the Site on behalf of an organization, you represent that you have authority to bind that organization to these Terms, and “you” refers to both you and that organization.
3. Changes to the Terms
We may revise these Terms from time to time by posting an updated version on this page and updating the date above. Changes take effect when posted. Your continued use of the Site after changes are posted constitutes acceptance of the revised Terms. If you do not agree to a change, your sole remedy is to stop using the Site.
4. Acceptable use
You agree that you will not, and will not attempt to: (a) use the Site in violation of any applicable law or regulation; (b) interfere with or disrupt the operation, security, or availability of the Site or the infrastructure serving it; (c) probe, scan, or test the vulnerability of the Site other than through a coordinated disclosure to us; (d) access the Site by any automated means that impose an unreasonable load, or scrape the Site for the purpose of training machine-learning models without our prior written consent; (e) bypass or circumvent any access controls or usage limits; (f) misrepresent your affiliation with Arcware or impersonate any person or entity; or (g) use the Site to transmit malware or other harmful code.
5. Intellectual property
The Site and its contents — including text, graphics, logos, trademarks, page designs, code samples, and software — are owned by Arcware or its licensors and are protected by intellectual-property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Site for its intended informational purposes. No other rights are granted. “Arcware” and the Arcware logo may not be used without our prior written permission. Third-party names and marks referenced on the Site (including model names such as DeepSeek) are the property of their respective owners, and their appearance does not imply endorsement or affiliation.
6. Feedback
If you send us ideas, suggestions, or other feedback about the Site or the Services, you grant Arcware a perpetual, irrevocable, worldwide, royalty-free license to use that feedback for any purpose, without obligation or compensation to you.
7. Forward-looking statements
The Site may describe products, models, pricing, timelines, and capabilities that are planned but not yet generally available, including items labeled “Coming Soon” and illustrative product demonstrations. Such statements reflect our current intentions, are subject to change without notice, and are not commitments, warranties, or offers.
8. Third-party links and services
The Site links to third-party websites and services (for example, code repositories and social platforms) that we do not control. We are not responsible for their content, policies, or practices, and a link does not imply our endorsement. Your use of third-party sites is at your own risk and subject to their terms.
9. Privacy
Our collection and use of information in connection with the Site is described in our Privacy Policy, which is incorporated into these Terms by reference.
10. Disclaimers
THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. INFORMATION ON THE SITE, INCLUDING PERFORMANCE AND EFFICIENCY FIGURES, IS PROVIDED FOR GENERAL INFORMATIONAL PURPOSES AND MAY BE UPDATED OR CORRECTED AT ANY TIME.
11. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, ARCWARE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF (OR INABILITY TO USE) THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, ARCWARE’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
12. Indemnification
You agree to indemnify, defend, and hold harmless Arcware and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your violation of these Terms or your misuse of the Site.
13. Governing law and venue
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Site that is not subject to arbitration will be brought exclusively in the state or federal courts located in Santa Clara County, California, and you consent to personal jurisdiction and venue there.
14. Dispute resolution
Before filing a claim, you agree to first contact us at [email protected] and attempt in good faith to resolve the dispute informally for at least thirty (30) days. Either party may bring a qualifying claim in small-claims court instead.
15. Termination
We may suspend or terminate your access to the Site at any time, with or without notice, for any reason, including violation of these Terms. Sections that by their nature should survive termination (including Sections 5, 6, and 10 through 16) survive.
16. General
These Terms, together with the Privacy Policy, are the entire agreement between you and Arcware regarding the Site and supersede any prior agreements on that subject. If any provision of these Terms is held unenforceable, it will be modified to the minimum extent necessary and the remainder will remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
17. Contact
Arcware, Inc. — San Francisco Bay Area, California
Questions about these Terms: [email protected]