Terms of Service


1. Agreement to These Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Arc Digital LLC ("Arc Digital," "we," "our," or "us"), a limited liability company organized under the laws of the State of Missouri.

By accessing our website, creating an account, or using any Arc Digital product or service, you agree to be bound by these Terms. If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity.

If you do not agree to these Terms, do not use our services.

2. Definitions

3. Eligibility

You must be at least 18 years old and capable of forming a binding contract to use the Services. The Services are intended for business use. By using the Services, you represent that you meet these requirements.

4. Accounts and Registration

To access most features of our products, you must register for an account. You agree to:

We reserve the right to suspend or terminate accounts that contain false information or that violate these Terms.

5. Free Trial

We may offer a free trial period for certain products. During a free trial:

We may require a valid payment method on file to start a free trial. You will not be charged until the trial period expires and you elect to continue with a paid subscription.

6. Subscriptions and Payment

6.1 Subscription Plans

Access to paid features requires a subscription. Subscription details, including pricing and included features, are described on the applicable product's pricing page. We reserve the right to change pricing with reasonable notice.

6.2 Billing

Subscriptions are billed on a recurring basis (monthly or annually, depending on your selected plan). By subscribing, you authorize us to charge your payment method on a recurring basis until you cancel. All fees are in U.S. dollars.

6.3 Cancellation

You may cancel your subscription at any time through your account settings or by contacting us. Cancellation takes effect at the end of the current billing period. We do not prorate or refund partial billing periods, except as required by law or as otherwise stated in a specific product's terms.

6.4 Refunds

All fees are non-refundable except where expressly stated otherwise or required by applicable law. If you believe you were charged in error, contact us within 30 days of the charge at support@arcdigitalllc.com.

6.5 Taxes

You are responsible for all applicable taxes, levies, or duties associated with your purchase. We will collect applicable taxes where required by law.

7. Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to:

We reserve the right to suspend or terminate access to the Services for violations of this section.

8. Your Content

8.1 Ownership

You retain ownership of all Content you submit to the Services. By submitting Content, you grant Arc Digital LLC a limited, non-exclusive, royalty-free license to use, store, copy, and process your Content solely as necessary to provide and operate the Services.

8.2 Your Responsibility

You are solely responsible for your Content and the accuracy, legality, and appropriateness of any data you store in the Services, including data about your End Users. You represent that you have all necessary rights and consents to submit such Content.

8.3 Data Security and Backups

While we implement reasonable security measures, we are not responsible for loss or corruption of your Content. We strongly recommend maintaining your own backups of critical data.

9. Intellectual Property

The Services, including all software, designs, text, graphics, logos, and other materials, are owned by Arc Digital LLC or its licensors and are protected by intellectual property laws. These Terms do not grant you any rights to Arc Digital's intellectual property except the limited right to use the Services as described herein.

The Arc Digital LLC name, logo, and all product names and logos are trademarks of Arc Digital LLC. You may not use these marks without our prior written consent.

10. Third-Party Services and Integrations

The Services may integrate with or link to third-party services (such as payment processors, SMS providers, or cloud storage). Your use of third-party services is governed by their own terms and privacy policies. Arc Digital LLC is not responsible for the practices or content of third-party services.

11. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, ARC DIGITAL LLC DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY INFORMATION PROVIDED THROUGH THE SERVICES.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ARC DIGITAL LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES.

IN NO EVENT WILL ARC DIGITAL LLC'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO ARC DIGITAL LLC IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you.

13. Indemnification

You agree to indemnify, defend, and hold harmless Arc Digital LLC 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: (a) your use of the Services; (b) your Content; (c) your violation of these Terms; or (d) your violation of any applicable law or the rights of any third party.

14. Dispute Resolution

14.1 Informal Resolution

Before initiating any formal dispute, you agree to first contact us at support@arcdigitalllc.com and attempt to resolve the dispute informally. We will attempt to resolve the dispute within 30 days of receiving your notice.

14.2 Binding Arbitration

If a dispute cannot be resolved informally, you and Arc Digital LLC agree to resolve it through binding individual arbitration, rather than in court. The arbitration will be conducted under the rules of the American Arbitration Association (AAA) Consumer Arbitration Rules, as modified by these Terms.

14.3 Class Action Waiver

YOU AND ARC DIGITAL LLC EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION. ALL DISPUTES MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY.

14.4 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent unauthorized use of intellectual property or other irreparable harm.

15. Governing Law

These Terms and any dispute arising out of or related to the Services will be governed by and construed in accordance with the laws of the State of Missouri, without regard to its conflict-of-law principles. To the extent that any dispute is not subject to arbitration under Section 14, you consent to the exclusive jurisdiction of the state and federal courts located in Missouri.

16. Termination

Either party may terminate the agreement formed by these Terms at any time. You may terminate by canceling your account. We may suspend or terminate your access to the Services immediately, without prior notice, if we determine that you have violated these Terms or that continued access poses a risk to the Services or other users.

Upon termination, your right to use the Services will cease immediately. Sections 8, 9, 11, 12, 13, 14, and 15 will survive termination.

17. Product-Specific Terms

BoardingKit

The following additional terms apply to your use of BoardingKit:

18. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will update the effective date at the top of this page and notify you by email or through a notice within the applicable product. Your continued use of the Services after the effective date of a revised version constitutes your acceptance of the changes.

If you do not agree to the revised Terms, you must stop using the Services and cancel your account before the effective date of the changes.

19. General Provisions

20. Contact Us

If you have questions about these Terms, please contact us:

Arc Digital LLC
Email: support@arcdigitalllc.com
Website: www.arcdigitalllc.com