Terms of Service
Welcome to Arcton. These Terms of Service ("Terms") govern your access to and use of Arcton's website, platform and services (collectively, the "Services"). By using the Services, you agree to these Terms. If you do not agree, do not use the Services.
1. The Services
Arcton provides B2B outbound, lead generation and prospecting services, including a software platform and managed campaign delivery. Specific deliverables, scope, pricing and term are defined in your order form, statement of work or online subscription.
2. Eligibility & account
You must be at least 18 years old and authorised to bind your organisation. You are responsible for the accuracy of registration information, the security of your credentials, and all activity under your account.
3. Acceptable use
You agree not to:
- Use the Services to send unsolicited spam in violation of applicable law (including CAN-SPAM, GDPR, CASL and equivalents).
- Send content that is unlawful, deceptive, defamatory, infringing, harassing or harmful.
- Reverse engineer, scrape, copy or resell the Services.
- Interfere with the security, integrity or performance of the Services.
- Use the Services to compete with Arcton or train competing models.
4. Customer data
You retain all rights in the data you provide ("Customer Data"). You grant Arcton a limited licence to host, process and use Customer Data solely to provide and improve the Services. You are responsible for ensuring you have the right to provide Customer Data and that processing under these Terms complies with applicable law.
5. Email sending & deliverability
When we send email on your behalf, you remain the sender of record under applicable law. You are responsible for the lawful basis of outreach to the contacts you provide or approve. We will follow industry best practice on deliverability, opt-outs and unsubscribe handling, and will pause campaigns where required.
6. Fees & payment
Fees are stated in your order form or pricing page and are billed monthly unless otherwise agreed. Subscriptions renew automatically until cancelled. Fees are non-refundable except as required by law. Late payments may result in suspension and accrue interest at the lower of 1% per month or the maximum permitted by law.
7. Term & termination
These Terms apply for as long as you use the Services. Either party may terminate for material breach with 30 days' written notice and an opportunity to cure. We may suspend or terminate immediately for non-payment, security risk, or material violation of these Terms. On termination, your right to use the Services ceases and we will return or delete Customer Data within a reasonable period.
8. Intellectual property
Arcton retains all rights, title and interest in the Services, including the platform, models, workflows and any improvements. No rights are granted by implication or estoppel. You retain all rights in Customer Data and any content you provide.
9. Confidentiality
Each party will keep the other's non-public information confidential and use it only to perform under these Terms. This obligation survives termination for three years.
10. Warranties & disclaimers
We warrant that the Services will be provided with reasonable care and skill. To the maximum extent permitted by law, the Services are otherwise provided "as is" without warranties of any kind, express or implied — including merchantability, fitness for a particular purpose, non-infringement, or guaranteed sales outcomes.
11. Limitation of liability
To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data. Each party's aggregate liability for direct damages is capped at the fees paid by you to Arcton in the 12 months preceding the claim.
12. Indemnification
You will defend and indemnify Arcton against third-party claims arising out of (a) your Customer Data, (b) your violation of these Terms or applicable law, or (c) your use of the Services in breach of acceptable use.
13. Governing law & venue
These Terms are governed by the laws of Switzerland, without regard to conflict-of-law rules. The exclusive venue for disputes is the courts of Zürich, Switzerland, except where mandatory law provides otherwise.
14. Changes
We may update these Terms from time to time. Material changes will be communicated and take effect on the date stated. Continued use of the Services after the effective date constitutes acceptance.
15. Contact
For legal notices and questions, email legal@arcton.com.
This page is provided as a starting template and should be reviewed by qualified counsel before deployment. It is not legal advice.