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Terms & Conditions

Last updated: October 15, 2025

These Terms & Conditions (“Terms”) form a binding agreement between ArcticSoft, LLC d/b/a ArcticSoft (“ArcticSoft,” “we,” “us,” or “our”) and you (“you” or “Customer”) governing your access to and use of arcticsoft.com, our related sites, products, hosting, software, AI/automation features, and professional services (collectively, the “Services”). By accessing or using the Services, you agree to these Terms and our Privacy Policy. If you are using the Services on behalf of an organization, you represent that you are authorized to accept these Terms on its behalf.

1) Definitions

  • Customer Content: any data, text, images, files, code, or materials you provide to the Services.
  • Deliverables: work product we create and provide under a statement of work or project estimate.
  • Order: any online checkout, proposal, estimate, order form, or statement of work (“SOW”) that references these Terms.

2) Eligibility & Accounts

You must be at least 18 and able to form a binding contract. You are responsible for all activity under your account and for maintaining the confidentiality of your credentials. Provide accurate information and update it as needed.

3) Orders, Subscriptions, and Billing

  • Fees. Prices are stated at checkout or in your Order and are payable in U.S. dollars unless otherwise stated. You authorize us to charge the payment method on file for recurring subscriptions and usage fees.
  • Taxes. Fees are exclusive of taxes; you are responsible for all applicable taxes, duties, and government charges.
  • Renewals & Cancellations. Subscriptions renew automatically for the same term unless you cancel before the renewal date via your account or by emailing support@arcticsoft.com.
  • Late Payments. Overdue amounts may incur late fees or interest at the lesser of 1.5% per month or the maximum allowed by law. We may suspend Services for nonpayment.
  • Refunds. Unless stated otherwise in the Order, all fees are nonrefundable.
  • Price Changes. We may change pricing with at least 30 days’ notice before your next renewal.

4) Professional Services; Deliverables

Professional services are provided under an Order or SOW describing scope, timeline, and fees. Changes require written approval (e.g., email) and may affect fees and timelines. Unless otherwise specified, ArcticSoft grants you a non-exclusive, fully paid license to use Deliverables for your internal business purposes once paid in full. We may reuse general know-how, templates, and non-Customer specific methods.

5) Hosting, Third-Party Platforms & Integrations

Some Services rely on third-party providers (e.g., hosting, SMS/voice, analytics, AI models, payment processors). Your use of those services may be subject to their terms. We are not responsible for outages or acts/omissions of third parties. We may schedule maintenance and will use reasonable efforts to minimize disruption.

6) Acceptable Use

You will not, and will not permit others to:

  • violate any law, regulation, or third-party rights;
  • upload or transmit malware, malicious code, or attempt to gain unauthorized access;
  • spam, phish, send unlawful or unsolicited messages, or harvest data without consent;
  • infringe intellectual property or privacy rights;
  • misrepresent identity or affiliation; or
  • interfere with or disrupt the integrity or performance of the Services.

7) Customer Content & Backups

  • Ownership. You retain all rights to Customer Content. You grant ArcticSoft a worldwide, non-exclusive license to host, process, transmit, display, and otherwise use Customer Content solely to provide the Services and as otherwise permitted by these Terms.
  • Responsibility. You are responsible for Customer Content, including obtaining all necessary rights and consents. You agree not to submit prohibited data (e.g., unlawful content, cardholder data unless explicitly contracted, or sensitive health information without a compliant addendum).
  • Backups. Unless expressly stated in your Order, you are responsible for backing up Customer Content. We may offer paid backup options.

8) Intellectual Property; Feedback

The Services, and all related software, designs, and content are owned by ArcticSoft or our licensors and are protected by IP laws. No rights are granted except as expressly set forth. If you provide ideas or suggestions (“Feedback”), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate the Feedback without obligation.

9) Confidentiality & Data Protection

Each party may access the other’s non-public information that is marked or reasonably understood to be confidential (“Confidential Information”). The receiving party will use such information only to fulfill this agreement and will protect it with reasonable care. If a data processing addendum (“DPA”) is required for Customer Content, the parties may execute one that becomes part of these Terms.

10) AI & Automation Features

Some Services may generate content or actions using AI or automation. Outputs can be probabilistic and may contain inaccuracies. You are responsible for reviewing outputs, verifying facts, and determining fitness for your use. Do not rely on AI outputs for legal, medical, financial, or safety-critical decisions without human review.

11) Communications & SMS Terms (A2P)

By opting in to receive texts or calls from ArcticSoft, you consent to receive automated and/or non-automated messages at the phone number you provide. Message and data rates may apply. Message frequency varies. Consent is not a condition of purchase.

  • Opt-Out: Text STOP to cancel. You may also email support@arcticsoft.com .
  • Help: Text HELP for help or contact support@arcticsoft.com or 1.229.459.3773.
  • Carriers: Mobile carriers are not liable for delayed or undelivered messages.
  • Your Responsibilities: You represent you are the subscriber or customary user of the number provided and will promptly notify us of number changes.

12) Electronic Communications & E-Sign Consent

By using the Services, you consent to receive notices and disclosures electronically and to transact via e-signature. You may withdraw consent by contacting support@arcticsoft.com, which may affect your ability to use the Services.

13) Third-Party Links

The Services may contain links to third-party sites. We do not endorse and are not responsible for third-party content, products, or services.

14) Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED.

15) Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER ARCTICSOFT NOR ITS SUPPLIERS OR PARTNERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO ARCTICSOFT FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE 12 MONTHS PRECEDING THE EVENT.

16) Indemnification

You will defend, indemnify, and hold harmless ArcticSoft and its affiliates, officers, directors, employees, and agents from and against any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising from or relating to: (a) Customer Content; (b) your use of the Services in violation of these Terms; or (c) your violation of law or third-party rights.

17) Term; Suspension; Termination

These Terms remain in effect while you use the Services. We may suspend or terminate access immediately for breach, legal risk, or nonpayment. You may terminate by canceling your subscription or closing your account. Upon termination, your license to use the Services ends; certain sections (e.g., 7–9, 14–19, and payment obligations) survive.

18) Governing Law; Dispute Resolution

These Terms are governed by the laws of the State of Alaska, without regard to conflict-of-law rules. The parties will first attempt to resolve disputes informally in good faith. If unresolved within 30 days, disputes will be finally resolved by binding arbitration in Anchorage, Alaska, before a single arbitrator under the rules of [American Arbitration Association]. Either party may seek injunctive relief in a court of competent jurisdiction for actual or threatened misuse of IP or Confidential Information. Class actions and jury trials are waived.

19) Export & Sanctions

You represent that you are not located in a sanctioned country and are not a prohibited party under export control or sanctions laws. You will comply with all such laws in using the Services.

20) Changes to the Services or Terms

We may update the Services and these Terms from time to time. If changes are material, we will provide notice (e.g., by posting to this page or emailing the address on file). Continued use after the effective date constitutes acceptance.

21) Notices; Contact

Notices to ArcticSoft must be sent to support@arcticsoft.com and to the postal address below. We may send notices to the email associated with your account.

ArcticSoft

12110 Business Blvd. Ste 6 PMB #173

Eagle River, AK, 99577

Email: support@arcticsoft.com

22) Miscellaneous

  • Entire Agreement. These Terms, the Order/SOW, and any referenced policies (e.g., Privacy Policy, DPA) form the entire agreement and supersede prior agreements.
  • Severability. If a provision is unenforceable, the remainder remains in effect.
  • No Waiver. Failure to enforce any provision is not a waiver.
  • Assignment. You may not assign without our consent; we may assign to an affiliate or in connection with a merger, acquisition, or asset sale.
  • Force Majeure. We are not liable for delays or failures due to events beyond our reasonable control.

Not legal advice. This template is provided for general informational purposes. Consult your attorney to adapt it to your specific business and applicable laws.