Arcatar Terms of Service

Last updated: December 22, 2022

Summary

Arcatar Inc (“Arcatar”) has rules for use of our products and services, including our website. In these terms of service, you won’t find complicated legal terms or long passages of unreadable text. You will find important legal information, however, so please do not skip over reading this document. We have no desire to trick you into signing something you don’t understand. What we want is a transparent and empowering relationship, now and in the future. Therefore, it’s important to have things written down so that we both know who should do what and when, and what will happen if something goes wrong.

Ground Rules

Here are the ground rules if you’re using our products and / or visiting our Site. The following Terms of Service (“Terms” or “Agreement”) govern your use of apps, websites, products, and services offered by Arcatar (collectively, “Services”).

Arcatar helps you manage your personal identity in the digital world. Our Services allow an individual (“individual” or “user” or “you”) to manage their personal identity, personal information and / or assets, gaming profiles and / or assets, creator profiles and / or creative assets, and relationship connections. These Terms of service describe the terms and conditions on which Arcatar provides the Services to you. These Terms also describe the terms and conditions on which we make our website available to you.

Your data is yours.

You retain ownership over all the personal information or creations that you submit to or manage with our Services, and Arcatar will never sell it without your permission. For more details, please read our Privacy Policy. To fulfill opt-out or payment requests or other administrative or technical requests, please note that we may have to send your information to third parties, which necessarily requires sharing your data with them. Although we will make efforts to ensure that your instructions regarding your data are followed, we can’t control how these third parties will treat your personal information.

Contacting us & your data.

If you use our Site to contact us for any reason, you consent to our use of the data you submitted to reply and / or take any requested actions. By way of example, if you submit personal information to us, such as your name and email address, to request that we contact you about our products, we will use that personal information to reach out and communicate accordingly.

Site data and analytics.

Our Site is managed by Hubspot for the purposes of providing Site analytics, documenting consents and choices, and generally trying to provide you with a positive experience on our Site. Our Site seeks to minimize the data generated or collected from any Site visits, but to the extent such data is generated or collected, it is anonymized and cannot be linked to any individual. This anonymized information is used by Arcatar (and our third party website hosting company) to analyze Site performance and make corrections or improvements to the Site as needed.

Adults only.

The Services are meant to be used by adults only (18+) for themselves, or on behalf of a minor for whom they are the parent or legal guardian. If you are not at least 18, or do not have a parent or guardian consenting on your behalf, you are not allowed to use the Site or our Services.

We’ll try hard.

The Services allow individuals to manage the use of their personal identity, information, assets, and relationships. Arcatar will use good faith, reasonable efforts to help you own, control and operate your digital identity via our Services, but we cannot guarantee that third parties will honor our requests, or that our Services are completely free of bugs or defects.

Third parties change, so Arcatar might change too.

You acknowledge that Arcatar’s Services related to any third-party websites’ procedures and business practices is not under Arcatar’s control and thus is subject to change. Otherwise, you acknowledge and agree with our use of third parties to help deliver the Site and / or Services.

Tell the truth.

You agree that all the information you’re submitting to Arcatar in connection with the Services is and will be true and about you, not someone else. If you provide any information that is or that we suspect is untrue, inaccurate, not current or incomplete, or otherwise violates any of our rules or policies, Arcatar has the right to suspend or terminate your subscription, or the Services generally, and refuse any and all current or future use of your subscription.

It’s unlikely, but bad things could happen. You agree not to sue us and accept limits on damages.

You acknowledge that your use of Arcatar’s Site and Services may have unintended consequences, possibly including direct, special, indirect, consequential and other damages, and you agree that you won’t hold Arcatar liable for these consequences. Also, you agree regardless of any claim you or your lawyer comes up with, the most you could ever recover in any claim brought by you against Arcatar is the total amount of fees you actually paid to Arcatar over the entire time you used Arcatar’s Service. Further, you will indemnify and hold harmless Arcatar, its parents, subsidiaries, customers, vendors, officers, and employees from any liability, damage, or cost from any claim or demand associated with your use of the Arcatar Services or Site.

We have permission to do the work.

If you subscribe to our Services, you’re letting us do the work of managing your digital identity, which may include sharing or monetizing your data (at your direction), collecting and disbursing funds to you related to the use of such data, or connecting profiles of ARCid holders that wish to have a relationship with each other. You grant Arcatar a Limited Power of Attorney to act on your behalf for the purposes of performing the Services to manage and control your digital identity based on the choices and selections you make on the Site and / or within the Services.

The services are what they are.

The Arcatar Services, content, and Site are provided on an “as is” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
If something outlandish happens, it’s not our fault (aka Force Majeure).

If something outlandish happens, it’s not our fault (aka Force Majeure).

You acknowledge that Arcatar will not be liable for any failure to comply with these Terms to the extent that such failure arises from factors outside Arcatar’s reasonable control, like natural disasters, third-party actions or failure to act, ISP or other communication outages, or government regulations and laws.

Privacy is important!

Arcatar is dedicated to consumer privacy rights and operates the Arcatar Services under our privacy policy. We urge you to read that policy now as it is also an important part of our Terms.

You agree to not take our stuff.

All the text, images, marks, logos, compilations (meaning the collection, arrangement, and assembly of information) and other content on Arcatar’s website (“Site Content”), and all software embodied in Arcatar’s website, applications, Services, or otherwise (“Software”) used by us to deliver the Services is owned or licensed by or to us. Any use of marks owned by third parties will apply to the benefit of their respective owners. (All trademarks and other indications of brands or content not owned by us are property of their respective owners.) Except as otherwise expressly permitted by these Terms, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation, avoidance of protective measures, or other copying or distribution or reduction of such software to human-readable form is prohibited. The text marks “Arcatar”, “ARCA”, “ARCid” as well as their associated logos, are our trademarks, and you may not use them in connection with any service or products (other than those we provide), or in any manner that is likely to cause confusion, or in any manner that disparages or discredits Arcatar, although we’re happy to have you use our Site content for noncommercial, educational, or news-related use if you properly attribute it to us.

Follow the rules, or we’ll kick you out.

We don’t allow our Site or Services to be used for illegal activities or activities that we find improper for any reason whatsoever. We reserve the right to take preventative or corrective actions to protect ourselves and our community from anyone’s unacceptable acts or behavior. Your failure to comply with our Terms, or our Community Guidelines (including the Codes of Conduct), may result in us terminating your access to and use of our Site and / or Services. You shall not:

Impersonate anyone, falsely state or otherwise misrepresent your affiliation with any person or entity, or knowingly provide any fraudulent, misleading, or inaccurate information;
Defame, abuse, harass, stalk, threaten, or otherwise violate others’ rights, including without limitation others’ privacy rights or rights of publicity;
Access or use (or attempt to access or use) another person’s ARCid account or our Services without permission;
Transmit any software or materials that contain any viruses, worms, trojan horses, defects, or other items or computer code of a destructive nature;
Modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any portion of the Site or Services;
“Frame” or “mirror” any portion of the Site or Services;
Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, data mine, or in any way reproduce, take data from, or circumvent, the structure or operation or presentation of our Site or Services;
Harvest or collect any other users’ information from the Site or our Services;
Use our Site or Services for “training AI” systems or other similar automated products;
Use our Site or Services for any illegal activity; or
Probe, scan or test the vulnerability of our Site or Services, breach their security or authentication measures, or take any action that imposes an unreasonable or disproportionately large load on our site infrastructure.

Billing and how you can quit using the service.

We may offer different levels of Services, including free and paid subscriptions, and / or different levels of profile or account validation or authentication. If you elect a paid subscription, you will acknowledge that you’re registering for a recurring paid subscription at that time, and will be automatically invoiced and / or charged accordingly. Likewise, you will acknowledge our cancellation and / or refund policies at that time. Irrespective of billing terms, you have the right to cancel your Arcatar subscription at any time, for any reason, and can do so by emailing us at support@arcatar.com. Upon canceling your Arcatar subscription, Arcatar will cease any future billing, but any obligations or responsibilities intended to survive cancellation of your subscription shall remain in place. Please note that this subscription cancellation policy does not apply if we’ve terminated your account for misuse outlined in this Agreement.

Things could change.

We may amend or terminate any terms of this Agreement (including its counterparts) at any time and such amendment or termination will be effective at the time we post the revised terms on the Site. You can tell when we last revised these Terms by looking at the “last updated” date at the top of these Terms. Your continued use of the Site or Services after we’ve posted any revisions to this Agreement or its counterpart policies signifies your acceptance of the revised Terms.

Deep in the heart of Texas.

We’re from Texas, so that’s where we’ll go to court if we ever have a serious dispute. You and Arcatar agree that all matters arising from or relating to the use and operation of our Site or Services will be governed by the substantive laws of Texas. You agree that all claims you may have arising from or relating to the operation or use of the Arcatar Service or Site will be heard and resolved in the federal and state courts located in Austin, Texas. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to gain access to our Site or Services from locations other than Texas, you will also be responsible for complying with all local laws of any such other location. Finally, you won’t ever use the Site or Services in violation of U.S. export laws or regulations.

ADDITIONAL CONTACT INFORMATION

ARCatar, Inc.,
ATTN: Privacy, ARCatar, Inc.,
1101 W 34th Street, #115,
Austin, Texas 78705.