These Terms govern your use of the Grafty software and the websites operated by Arcstack, Inc. ("Arcstack"). By installing, accessing, or using the Software you agree to these Terms.
1. License
Subject to payment of applicable fees and these Terms, Arcstack grants Customer a non-exclusive, non-transferable license to install and run the Software on Customer-controlled infrastructure during the subscription term.
2. Customer responsibilities
Customer owns and operates the infrastructure on which the Software runs and owns the applications and data generated. Customer is responsible for the security of its infrastructure, its users, and its LLM provider accounts.
3. Acceptable use
Customer will not use the Software for unlawful activity, to infringe third-party rights, or to generate or distribute malicious code.
4. Third-party LLM providers
The Software integrates with third-party LLM providers selected and contracted by Customer. Customer is solely responsible for those services, their terms, and their fees. Arcstack does not mark up LLM usage.
5. Fees
Fees are set out in the applicable order form. Fees are non-refundable except as required by law.
6. Confidentiality
Each party will protect the other's confidential information with the same care it uses for its own, not less than reasonable care.
7. Disclaimer
THE SOFTWARE IS PROVIDED "AS IS". AI-GENERATED OUTPUT MAY BE INCORRECT, INSECURE, OR UNSUITABLE FOR PRODUCTION USE. CUSTOMER MUST REVIEW OUTPUT BEFORE RELYING ON IT. ARCSTACK DISCLAIMS ALL IMPLIED WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW.
8. Limitation of liability
EXCEPT FOR BREACHES OF CONFIDENTIALITY OR INDEMNITY OBLIGATIONS, EACH PARTY'S TOTAL LIABILITY UNDER THESE TERMS IS LIMITED TO FEES PAID IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY. NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.
9. Indemnity
Each party will indemnify the other for third-party claims arising from its breach of these Terms, subject to prompt notice and reasonable cooperation.
10. Termination
Either party may terminate for uncured material breach. Upon termination, Customer's license ends and Customer will stop using the Software.
11. Governing law
These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-laws rules.