Skip to content

Terms of Use

Effective date:

Welcome to Arcanic. Please read these Terms of Use carefully before accessing our website or using our Services.

These Terms of Use ("Terms") are an agreement between ARCANIC TECHNOLOGIES., JSC ("Arcanic", "we", "us") and you or the organization you represent ("you" or "Customer"). They govern (a) your access to and use of our website at arcanic.ai and any related pages (the "Website"), and (b) your use of the AI solutions, applications, APIs, platforms, proofs of concept, and related professional services that Arcanic provides to business customers (the "Services").

By accessing the Website or using the Services, you agree to these Terms. If you are accepting these Terms on behalf of an organization, you confirm that you have the authority to bind that organization.

1. Who we are

Arcanic provides AI solutions and related services to businesses and organizations.

2. Scope and order of precedence

2.1. Website visitors. If you only browse the Website, submit a contact form, or subscribe to our updates, Sections 1 to 3, 9, 11, 14, 15, and 18 to 21 apply to you.

2.2. Business customers. If your organization has signed a master services agreement, order form, statement of work, or similar contract with Arcanic (each an "Agreement"), these Terms apply together with that Agreement. If there is a conflict, any data processing agreement prevails on matters relating to personal data, the Agreement prevails on all other matters, and these Terms apply last.

2.3. Not for consumer use. The Services are intended for organizations and their authorized personnel. They are not offered to individual consumers.

3. Use of the Website

3.1. You may use the Website for lawful purposes, such as learning about Arcanic, our solutions, and our work, and contacting us.

3.2. You must not:

  • Use the Website in any way that violates applicable law;
  • Crawl, scrape, or harvest content or data from the Website by automated means, except as permitted by our robots.txt file;
  • Attempt to gain unauthorized access to the Website or its underlying systems, or introduce viruses, malware, or other harmful code;
  • Interfere with or disrupt the Website, including through denial-of-service attacks or excessive requests;
  • Copy, modify, or republish Website content for commercial purposes without our prior written consent; or
  • Use our name, logo, or trademarks in a way that suggests affiliation with, or endorsement by, Arcanic without our prior written permission.

3.3. Information on the Website, including case studies and solution descriptions, is provided for general information. It does not constitute an offer and may change without notice.

4. Accounts and access

4.1. Some Services require user accounts. You must provide accurate and complete account information and keep it up to date.

4.2. You are responsible for all activity under your accounts, credentials, and API keys. You must not share credentials outside your authorized personnel.

4.3. You must notify us promptly at [email protected] if you believe an account has been compromised or is subject to a malicious attack.

4.4. Where your organization administers accounts, your organization's administrator may be able to access, monitor, and manage accounts and content within its workspace.

5. The Services

5.1. Scope of work. The specific Services, deliverables, timelines, acceptance criteria, and fees are set out in the applicable Agreement.

5.2. Proofs of concept and evaluations. Where we provide a proof of concept (PoC), pilot, demo, or evaluation environment, it is provided for testing and evaluation only, may have limited functionality, and is not intended for production use unless the Agreement states otherwise.

5.3. Third-party components. Our Services may rely on third-party products and services, such as cloud hosting providers and AI model providers. Your use of such components may be subject to those providers' terms and policies. Arcanic is not responsible for third-party products or services that are not part of the Services.

5.4. Changes to the Services. We may update or improve the Services from time to time. We will not materially reduce the functionality of Services under an active Agreement without notice.

6. Acceptable use

You and your users must use the Services only in compliance with these Terms, the Agreement, and applicable law. You must not, and must not help others to:

  • Use the Services for any unlawful, fraudulent, or harmful purpose, including to generate content that is defamatory, discriminatory, or infringes the rights of others;
  • Use the Services to deceive people, including by presenting AI-generated content as human-generated where disclosure is required;
  • Reverse engineer, decompile, or attempt to extract the source code, model weights, prompts, or underlying logic of the Services, except where permitted by law;
  • Use the Services or outputs to build a competing product or service, or resell the Services without our written consent;
  • Bypass or disable any security, safety, or usage controls;
  • Submit malware, or use the Services to attack or gain unauthorized access to any system; or
  • Rely on the Services as the sole basis for decisions that produce legal or similarly significant effects on individuals without appropriate human review.

You must cooperate with reasonable requests from Arcanic for information needed to verify compliance with this Section.

7. Customer content

7.1. Definitions. "Inputs" means data, documents, prompts, and other content that you or your users submit to the Services. "Outputs" means the responses and results that the Services generate from Inputs. Inputs and Outputs together are "Customer Content".

7.2. Ownership. As between you and Arcanic, and to the extent permitted by law, you retain all rights to your Inputs and own your Outputs. Subject to your compliance with these Terms, Arcanic assigns to you any rights it may have in Outputs.

7.3. Our use of Customer Content. We use Customer Content only to provide, maintain, secure, and support the Services for you, and as otherwise set out in the Agreement. We do not use Customer Content to train or fine-tune AI models for other customers. We will only use Customer Content to train or fine-tune models for your own solution where the Agreement provides for it.

7.4. Your responsibilities. You confirm that you have all rights, licenses, and consents needed to submit Inputs to the Services, including any personal data, and that our processing of Inputs under these Terms will not violate any law or third-party right.

8. Limitations of AI outputs

AI and large language models are evolving technologies. You acknowledge that:

  • Outputs may be inaccurate, incomplete, or out of date, even when they appear detailed or confident;
  • Outputs should not be relied upon without independent verification, especially for legal, financial, medical, or other high-stakes decisions;
  • You are responsible for evaluating whether Outputs are appropriate for your use case, including where human review is needed; and
  • Where you make the Services available to your own end users, you must inform them that Outputs are AI-generated and may contain errors.

9. Data protection

We process personal data in accordance with our Privacy Policy and the data protection laws that apply to the relevant processing, which may include Vietnam's Law on Personal Data Protection No. 91/2025/QH15, the EU and UK General Data Protection Regulation (GDPR), and the data protection laws of other countries where our customers operate. Where Arcanic processes personal data on your behalf as part of the Services, the data processing terms in the Agreement (or a separate data processing agreement) apply.

10. Confidentiality

10.1. Each party may receive information from the other that is marked confidential or that a reasonable person would understand to be confidential ("Confidential Information"). Customer Content is your Confidential Information.

10.2. The receiving party will use the other party's Confidential Information only to perform its obligations or exercise its rights under these Terms and the Agreement, and will share it only with employees, contractors, and advisors who need to know it and are bound by confidentiality obligations at least as protective as these.

10.3. These obligations do not apply to information that is or becomes public through no fault of the receiving party, is lawfully obtained from a third party without restriction, or is independently developed. A party may disclose Confidential Information where required by law, and will give the other party prompt notice where legally permitted.

10.4. On request, the receiving party will return or destroy the other party's Confidential Information, except copies it must keep by law or that remain in routine backups, which stay subject to these obligations.

11. Intellectual property

11.1. Arcanic IP. Arcanic and its licensors retain all rights in the Website, the Services, and our pre-existing and generally applicable tools, frameworks, code, know-how, and methodologies ("Arcanic IP").

11.2. Deliverables. Ownership of custom deliverables created for you is set out in the Agreement. Where the Agreement grants you ownership of deliverables, any Arcanic IP embedded in them is licensed to you on a non-exclusive basis for use with those deliverables.

11.3. Feedback. If you provide feedback or suggestions about the Website or Services, we may use them without obligation to you.

11.4. Except as expressly stated, these Terms do not grant either party any rights in the other party's intellectual property.

12. Fees and payment

12.1. You will pay the fees set out in the Agreement, in the currency and on the payment terms stated there.

12.2. Fees are exclusive of value added tax (VAT) and other applicable taxes, which you will pay in addition unless the Agreement states otherwise. If any withholding tax applies to a payment, you will pay the additional amount needed so that Arcanic receives the full amount it would have received had no withholding been required.

12.3. If payment is overdue, we may, after giving written notice, suspend the Services until payment is received.

13. Term, suspension, and termination

13.1. These Terms apply for as long as you use the Website or Services. The term of any Services is set out in the Agreement.

13.2. We may suspend access to all or part of the Services if we reasonably believe that (a) there is a security risk to the Services or other customers, (b) you or your users are in material breach of Section 6, or (c) suspension is required by law. We will give notice where reasonably possible and restore access once the issue is resolved.

13.3. Either party may terminate the Agreement in accordance with its terms, including for the other party's material breach that is not cured within 30 days of written notice.

13.4. On termination, your right to use the Services ends. We will make Customer Content available for export, or delete it, in accordance with the Agreement and our Privacy Policy. Sections 7, 10, 11, 12 (for fees outstanding at termination), 14, 15, 16, 19, and 20 survive termination.

14. Warranties and disclaimers

14.1. Each party confirms that it is authorized to enter into these Terms.

14.2. EXCEPT AS EXPRESSLY STATED IN THE AGREEMENT, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE, SERVICES, AND OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE". ARCANIC DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND DOES NOT WARRANT THAT THE SERVICES OR OUTPUTS WILL BE ACCURATE, COMPLETE, ERROR-FREE, OR UNINTERRUPTED.

15. Limitation of liability

15.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OR DATA.

15.2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE FEES PAID BY CUSTOMER UNDER THE APPLICABLE AGREEMENT IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. FOR WEBSITE VISITORS WITH NO AGREEMENT, ARCANIC'S TOTAL LIABILITY WILL NOT EXCEED USD 100.

15.3. These limitations do not apply to a party's indemnification obligations, breach of confidentiality, or liability that cannot be limited by law.

16. Indemnification

16.1. By Arcanic. Arcanic will defend you against any third-party claim alleging that the Services, used in accordance with these Terms and the Agreement, infringe that third party's intellectual property rights, and will pay any damages finally awarded or agreed in settlement.

16.2. By Customer. You will defend Arcanic against any third-party claim arising from your Inputs or other data you provide, or from use of the Services in breach of Section 6, and will pay any damages finally awarded or agreed in settlement.

16.3. Exclusions and process. Arcanic's obligation does not apply to claims arising from your modifications, combination of the Services with items not provided by Arcanic, third-party components (including third-party AI models), or your Inputs. The indemnified party must give prompt notice of the claim, allow the indemnifying party to control the defense, and reasonably cooperate.

17. Publicity

Unless you tell us otherwise in writing, we may identify you as a customer, including by using your name and logo, on our Website and in marketing materials. We will seek your approval before publishing any case study or quote.

18. Changes to these Terms

We may update these Terms from time to time. We will post the updated Terms on the Website and update the effective date. For business customers, material changes take effect 30 days after notice, except where required sooner by law. Changes do not apply retroactively.

19. Governing law and disputes

19.1. These Terms are governed by the laws of the Republic of Singapore, without regard to its conflict of laws rules.

19.2. The parties will first try to resolve any dispute in good faith. If a dispute is not resolved within 45 days after written notice, it will be finally resolved by arbitration administered by the Singapore International Arbitration Centre (SIAC) under the SIAC Arbitration Rules in force at the time, unless the Agreement provides otherwise. The seat of arbitration is Singapore, the tribunal will consist of one arbitrator, and the arbitration will be conducted in English.

19.3. Nothing in this Section prevents either party from seeking urgent injunctive relief from a competent court.

20. General

  • Notices. Notices to Arcanic must be sent in writing to [email protected] or our registered address below. We may send notices to the email address associated with your account or Agreement.
  • Assignment. Neither party may assign these Terms without the other's prior written consent, except that Arcanic may assign them to an affiliate or as part of a merger or sale of its business.
  • Force majeure. Neither party is liable for delay or failure to perform caused by events beyond its reasonable control.
  • Severability. If any provision is found invalid or unenforceable, the remaining provisions continue in effect.
  • No waiver. Failure to enforce a provision is not a waiver of the right to enforce it later.
  • Entire agreement. These Terms, together with the Agreement and documents referenced in them, are the entire agreement between the parties regarding their subject matter.
  • Language. These Terms are written in English. If they are translated, the English version prevails.

21. Contact us

ARCANIC TECHNOLOGIES., JSC

  • Registered address: No. 23, Lane 194, Doi Can Street, Ngoc Ha Ward, Hanoi, Vietnam
  • D-U-N-S Number: 683832096
  • Email: [email protected]
  • Website: arcanic.ai