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Effective July 20, 2026Version 2026-07-20.2

ArcWardyn End User License Agreement

Effective Date: July 20, 2026
Version: 2026-07-20.2

PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY. IT CONTAINS IMPORTANT DISCLAIMERS, LIMITATIONS OF LIABILITY, AN AGREEMENT TO ARBITRATE DISPUTES ON AN INDIVIDUAL BASIS, AND A WAIVER OF CLASS AND JURY PROCEEDINGS.

This End User License Agreement (the “EULA”) is a binding agreement between you and the owner and operator of the ArcWardyn service, doing business as ArcWardyn (“ArcWardyn,” “we,” “us,” or “our”). This EULA governs your download, installation, access to, and use of ArcWardyn’s software, browser extensions, add-ins, applications, hosted services, websites, application programming interfaces, security-analysis features, documentation, and all related updates and components (collectively, the “Service”).

1. Acceptance of This EULA

By affirmatively checking the agreement box and creating an account, or by later accepting an updated EULA through the Service, you acknowledge that you have read, understood, and agree to be bound by this EULA and any ArcWardyn privacy notice presented with or made available through the Service (the “Privacy Notice”).

If you do not agree, do not install, access, or use the Service, and uninstall all ArcWardyn software and extensions in your possession or control.

If you use the Service for or on behalf of a household, organization, or another person, you represent that you have authority to accept this EULA and authorize the applicable mailbox access on their behalf. In that case, “you” includes that household, organization, or person to the extent permitted by law.

2. Eligibility and Authority

You must be at least 18 years old and legally capable of entering into this EULA. The Service is intended to be acquired, configured, and managed by adults. You may not connect, monitor, or analyze a mailbox unless you own it or have the mailbox owner’s legally valid authorization.

If ArcWardyn expressly permits an adult parent or legal guardian to connect a minor’s mailbox, that adult is responsible for obtaining all legally required consents and supervising the minor’s use. The Service is not directed to children under 13, and no person under 13 may create an ArcWardyn account or independently accept this EULA.

You may not use the Service if applicable law prohibits you from receiving it, if you are subject to applicable trade sanctions, or if ArcWardyn previously terminated your access for violating this EULA.

3. Limited License

Subject to your continuing compliance with this EULA and payment of all applicable fees, ArcWardyn grants you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license during the term of this EULA to install and use the applicable client software and access the Service solely:

  1. for your own personal or household use;
  2. on devices and mailboxes you own or are authorized to manage;
  3. within the usage, mailbox, device, seat, plan, and geographic limits ArcWardyn makes available to you; and
  4. in accordance with the documentation and applicable law.

No ownership interest is transferred to you. All rights not expressly granted are reserved by ArcWardyn and its licensors.

4. License Restrictions; No Resale or Competitive Exploitation

Except to the limited extent a restriction is prohibited by applicable law, you may not, and may not permit or assist another person to:

  1. copy, reproduce, distribute, publish, display, sell, rent, lease, lend, sublicense, assign, transfer, timeshare, resell, or commercially exploit the Service or any access credential;
  2. make the Service available to any third party for a fee, commercial benefit, managed service, service-bureau purpose, outsourced security service, or other profit-making activity unless ArcWardyn has expressly authorized that use in a signed writing;
  3. share credentials, device tokens, pairing grants, subscription benefits, or access rights outside the authorized household or account;
  4. modify, translate, adapt, create derivative works from, reverse engineer, decompile, disassemble, decode, scrape, probe, or attempt to derive the source code, models, prompts, rules, scoring methods, data structures, protocols, nonpublic APIs, or underlying ideas or algorithms of the Service;
  5. bypass, disable, defeat, remove, or interfere with any authentication, technical restriction, security control, usage limit, access control, warning, attribution, copyright notice, or protective measure;
  6. use nonpublic information learned through access to the Service—including nonpublic workflows, user interfaces, reports, documentation, risk signals, scoring behavior, model or rule behavior, telemetry, test results, pricing logic, or technical characteristics—to design, train, build, copy, benchmark, validate, market, or improve a product or service that competes with or is substantially similar to ArcWardyn;
  7. use the Service, its outputs, or access to it to conduct competitive analysis, publish nonpublic benchmark results, or provide training data or evaluation data for a competing security, email-analysis, anti-phishing, or scam-detection product;
  8. remove or alter proprietary notices or misrepresent the source or ownership of the Service;
  9. use the Service to violate another person’s privacy, intellectual-property, communications, or other rights; access a mailbox without authorization; transmit malware; conduct phishing, fraud, surveillance, harassment, or security attacks; or violate applicable law; or
  10. use the Service in a high-risk system where an error could reasonably cause death, personal injury, substantial property damage, or operation of critical infrastructure.

These restrictions protect ArcWardyn’s license rights, confidential information, trade secrets, and intellectual property; they are not intended to prohibit lawful independent development based solely on information lawfully available to the general public or to restrict non-waivable rights to interoperability, security research, or other activity expressly protected by applicable law.

5. Security Advisory Only — No Prevention Guarantee

ARCWARDYN IS AN ADVISORY RISK-IDENTIFICATION TOOL. IT IS NOT A GUARANTEE, WARRANTY, INSURANCE POLICY, MANAGED SECURITY SERVICE, OR SUBSTITUTE FOR YOUR OWN JUDGMENT AND SECURITY PRACTICES.

The Service may analyze email characteristics, sender information, links, attachments, authentication indicators, mailbox history, threat patterns, and other signals and may display labels, warnings, interstitials, classifications, explanations, or suggested actions. Those results are estimates and opinions based on incomplete information, changing threats, automated rules, and, in some cases, probabilistic artificial-intelligence systems.

The Service may produce false positives, false negatives, stale results, incomplete results, conflicting results, delays, or no result. A message labeled “Safe,” allowed, unflagged, or not analyzed may still be malicious, fraudulent, deceptive, compromised, or unsafe. A message labeled suspicious or dangerous may be legitimate. No result should be treated as a definitive determination of authenticity, identity, legality, safety, or trustworthiness.

ArcWardyn does not promise that the Service will detect, block, prevent, stop, remediate, or protect you from every or any scam, phishing attempt, malicious link, impersonation, business-email compromise, account takeover, identity theft, malware, ransomware, harmful attachment, credential theft, financial fraud, social-engineering attack, privacy intrusion, data loss, or other threat.

The Service is not antivirus, anti-malware, endpoint detection and response, device management, identity-theft protection, a backup service, credit monitoring, financial advice, legal advice, or professional cybersecurity advice. It does not replace reputable security software, operating-system and browser updates, multi-factor authentication, secure backups, password hygiene, independent verification, or ordinary personal diligence.

6. Your Security and Use Responsibilities

You remain solely responsible for your decisions, actions, devices, accounts, credentials, data, and losses. You agree to:

  1. independently evaluate every message, link, attachment, request, payment instruction, account alert, and identity claim, regardless of ArcWardyn’s result;
  2. verify sensitive or unusual requests through a separate trusted communication channel before sending money, disclosing information, changing credentials, or taking irreversible action;
  3. use reputable and current antivirus and anti-malware software, install security updates promptly, use strong unique credentials and multi-factor authentication where available, and maintain independent backups;
  4. protect your ArcWardyn, email-provider, device, and recovery credentials and promptly revoke access to any lost, shared, sold, or compromised device;
  5. review and maintain mailbox-provider security settings and promptly investigate provider warnings and suspicious activity;
  6. promptly notify ArcWardyn at hello@arcwardyn.ai if you suspect unauthorized Service access or a security incident involving the Service; and
  7. comply with all applicable laws and the terms of your email provider, device platform, browser, application marketplace, and third-party services.

You assume all risk arising from reliance on, disregard of, or inability to receive a Service result.

7. Features, Delivery, Updates, and Changes to the Service

The Service may depend on email providers, browsers, operating systems, application marketplaces, networks, third-party AI providers, and other services ArcWardyn does not control. Provider interfaces, webmail layouts, permissions, and policies may change without notice and may break, delay, or limit Service functionality.

ArcWardyn may at any time, with or without notice and without liability:

  1. add, remove, modify, limit, suspend, discontinue, or replace any feature, integration, provider, model, rule, plan, usage limit, or part of the Service;
  2. provide or require updates, patches, migrations, configuration changes, or new versions;
  3. remotely disable or revoke access to insecure, unsupported, expired, unauthorized, or noncompliant versions or installations; and
  4. interrupt the Service for maintenance, security, legal compliance, capacity, or operational reasons.

You authorize automatic updates where supported by your device or marketplace settings. ArcWardyn has no obligation to provide any particular release, delivery date, uptime, support level, compatibility, maintenance, correction, update, or continued feature. Bugs, defects, security vulnerabilities, delivery failures, data corruption, incompatibilities, and interruptions may occur.

Beta, preview, experimental, free, trial, or early-access features may be incomplete, unstable, inaccurate, changed, or withdrawn at any time and should not be relied upon for important decisions.

8. Mailbox Providers, AI Providers, and Other Third Parties

The Service may interoperate with third-party products and services, including email providers, browser and operating-system platforms, application marketplaces, hosting providers, payment processors, and AI model providers. Your use of those services is governed by their terms and privacy practices.

By connecting a mailbox, you authorize ArcWardyn and its service providers to access, retrieve, transmit, transform, analyze, and otherwise process supported mailbox data within the permissions you grant and as described in the Privacy Notice. You are responsible for maintaining valid provider authorization.

Third-party services are not controlled by ArcWardyn. ArcWardyn is not responsible for their acts or omissions; availability; security; retention; training practices; content; accuracy; outages; policy changes; data loss; unauthorized access; or termination of your access. References to a third party do not imply sponsorship or endorsement.

Certain optional mailbox actions may be offered. You remain responsible for confirming every action and its consequences. ArcWardyn does not guarantee that an archive, spam, trash, unsubscribe, or similar action will succeed, be reversible, select the intended item, or produce the intended result.

9. User Content and Permission to Process It

“User Content” means email content, headers, metadata, attachments, links, account identifiers, settings, instructions, feedback, and other information you or an authorized provider submit or make available through the Service.

As between you and ArcWardyn, and subject to third-party rights, you retain the rights you have in User Content. You grant ArcWardyn and its contractors a worldwide, non-exclusive, royalty-free license to host, access, retrieve, reproduce, transmit, cache, transform, redact, pseudonymize, analyze, classify, display, and otherwise process User Content only as reasonably necessary to:

  1. provide, maintain, secure, support, and improve the Service;
  2. detect, classify, investigate, and respond to fraud, abuse, scams, phishing, malware, vulnerabilities, and security incidents;
  3. create the permitted telemetry and Derived Learnings described in Section 10, subject to the raw-content limits stated there;
  4. enforce this EULA and protect users, ArcWardyn, and third parties; and
  5. comply with applicable law and valid legal process.

This license continues only as long as reasonably necessary for those purposes, subject to the Privacy Notice, ArcWardyn’s retention practices, backup and legal-preservation requirements, and applicable law.

You represent that you have all rights and permissions needed to provide User Content and grant this license. You must not submit data the Service is not designed or authorized to process.

10. Telemetry, Derived Learnings, Feedback, and Ownership

10.1 Service Telemetry

“Service Telemetry” means technical, operational, security, usage, performance, diagnostic, interaction, and analytical information generated by or concerning use of the Service. Depending on the feature and as further described in the Privacy Notice, Service Telemetry may include device and software characteristics; feature usage; configuration; network and request events; crash and error information; provider and mailbox metadata; model, token, cost, latency, status, and routing data; classifications, verdicts, rule hits, risk indicators, user acknowledgements, and action outcomes; pseudonymous identifiers; and aggregated statistics.

You authorize ArcWardyn to collect, retain, use, disclose to its contractors and service providers, and otherwise process Service Telemetry to:

  1. operate, deliver, administer, support, measure, and secure the Service;
  2. detect fraud, abuse, attacks, outages, errors, regressions, and emerging threats;
  3. analyze performance, adoption, reliability, quality, and cost;
  4. develop, test, validate, tune, and improve ArcWardyn’s rules, prompts, heuristics, models, classifiers, features, products, and services, and train models only on datasets ArcWardyn is lawfully permitted to use under the raw-content limits below;
  5. create aggregated or deidentified analytics and threat intelligence;
  6. conduct research and publish or share aggregated or deidentified findings; and
  7. comply with law and enforce ArcWardyn’s rights.

ArcWardyn may retain and use Service Telemetry and aggregated or deidentified information for these purposes after you stop using the Service, subject to the Privacy Notice and applicable law. ArcWardyn will maintain deidentified information in deidentified form and will not attempt to reidentify it except to test whether its deidentification processes comply with law.

10.2 Derived Learnings

“Derived Learnings” means models, model parameters or configurations, prompts and prompt templates, rule sets, heuristics, features, scores, taxonomies, threat indicators, patterns, correlations, statistical information, benchmarks, analyses, improvements, adaptations, and other insights or technology developed by or for ArcWardyn from operating or improving the Service, Service Telemetry, feedback, tests, and lawfully processed User Content. Derived Learnings do not include your ownership interest in your raw User Content.

As between you and ArcWardyn, ArcWardyn exclusively owns all right, title, and interest in and to the Service Telemetry to the extent it is not your personal information or raw User Content, all Derived Learnings, and all resulting improvements to the Service, subject to applicable law and third-party rights. No right to inspect, receive, license, or obtain compensation for Service Telemetry or Derived Learnings is granted to you.

To remain consistent with ArcWardyn’s current security design, raw customer email bodies, raw attachments, or retained AI prompts and responses will not be used for model training or fine-tuning unless ArcWardyn first changes the applicable product design and Privacy Notice and obtains any consent required by law. ArcWardyn may use structured risk signals and aggregated or deidentified data to improve the Service as described above.

10.3 Personal Information and Privacy Rights

ArcWardyn does not claim ownership of your personal information merely because it is included in Service Telemetry or User Content. Personal information remains subject to the Privacy Notice and applicable privacy law, including any non-waivable rights to access, correct, delete, restrict, or opt out. If this EULA conflicts with the Privacy Notice concerning the collection, use, disclosure, or retention of personal information, the Privacy Notice controls.

10.4 Feedback

If you provide an idea, suggestion, evaluation, correction, request, or other feedback about the Service (“Feedback”), you grant ArcWardyn a perpetual, irrevocable, worldwide, transferable, sublicensable, royalty-free right to use, reproduce, disclose, modify, commercialize, and otherwise exploit that Feedback for any lawful purpose without restriction, attribution, or compensation. You represent that you have the right to provide the Feedback.

11. ArcWardyn Intellectual Property

The Service—including its software, source and object code, designs, user interfaces, documentation, text, graphics, trademarks, service marks, names, logos, databases, selection and arrangement, rules, models, prompts, workflows, scoring systems, and Derived Learnings—is owned by or licensed to ArcWardyn and is protected by intellectual-property and unfair-competition laws.

“ArcWardyn” and associated names, logos, and trade dress are ArcWardyn marks. You may not use them without prior written permission. No license is granted by implication, estoppel, or otherwise.

Unauthorized use may cause irreparable harm for which monetary damages are inadequate. To the extent permitted by law, ArcWardyn may seek injunctive or equitable relief in addition to other remedies for actual or threatened misuse of its intellectual property, confidential information, access controls, or trade secrets.

12. Account Security and Enforcement

You are responsible for all activity under your account and authorized installations. ArcWardyn may use technical controls, audits, rate limits, telemetry, and other measures to verify compliance, prevent misuse, and protect the Service.

ArcWardyn may suspend, limit, investigate, or terminate access if it reasonably believes that an account, mailbox, installation, credential, or activity is unauthorized, fraudulent, insecure, unlawful, harmful, in breach of this EULA, or creates risk for ArcWardyn, users, or third parties. ArcWardyn is not required to reveal confidential detection methods or information that could impair security.

13. Fees, Subscriptions, Renewal, and Refunds

Some features require payment. Prices, plan limits, taxes, billing intervals, renewal terms, cancellation methods, and any refund rights will be disclosed at purchase or in applicable order terms. Unless otherwise stated at purchase or required by law:

  1. fees are charged in advance and are nonrefundable;
  2. subscriptions automatically renew for successive periods until canceled before the renewal date;
  3. cancellation stops future renewal but does not retroactively refund the current period; and
  4. ArcWardyn may change future pricing or plan features effective at the next renewal or as otherwise disclosed.

Purchases made through an application marketplace are also subject to that marketplace’s billing, cancellation, and refund terms. If marketplace terms conflict with this Section for a marketplace purchase, the marketplace terms control solely for billing, cancellation, and refunds.

14. Security Incidents and Data Breaches

No Internet-connected system, software product, storage system, encryption method, or security control is perfectly secure. You acknowledge that unauthorized parties may defeat safeguards or gain access to, alter, disclose, corrupt, or destroy accounts, credentials, communications, devices, User Content, Service Telemetry, backups, or other information.

ArcWardyn does not warrant that the Service or any information will be immune from unauthorized access, interception, attack, breach, ransomware, malware, corruption, disclosure, loss, or misuse. ArcWardyn may investigate, contain, remediate, preserve evidence concerning, and notify affected parties or authorities of a suspected incident as ArcWardyn determines appropriate or as applicable law requires.

To the fullest extent permitted by law, the warranty disclaimers, damages exclusions, and liability cap in Sections 15 and 16 apply to any security incident, privacy incident, unauthorized access, data breach, credential compromise, disclosure, corruption, or loss, whether involving ArcWardyn, a contractor, a service provider, a third-party platform, your device, your network, or your account.

Nothing in this EULA waives any notification duty, consumer right, remedy, or liability that applicable law does not permit ArcWardyn to waive or limit.

15. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND ALL RESULTS, WARNINGS, OUTPUTS, DOCUMENTATION, UPDATES, SUPPORT, AND RELATED MATERIALS ARE PROVIDED “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS,” AND WITHOUT WARRANTIES OF ANY KIND. YOUR USE IS ENTIRELY AT YOUR OWN RISK.

ARCWARDYN, ITS AFFILIATES, LICENSORS, CONTRACTORS, SERVICE PROVIDERS, AND DISTRIBUTORS DISCLAIM ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, SECURITY, AVAILABILITY, COMPATIBILITY, DELIVERY, UPTIME, RESULTS, AND WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE.

Without limiting the foregoing, ArcWardyn does not warrant that the Service will be uninterrupted, timely, secure, error-free, bug-free, vulnerability-free, compatible, delivered as scheduled, continuously available, or successful; that defects will be found or corrected; that data will be accurate or preserved; that any threat will be detected or prevented; or that any result, warning, classification, action, or recommendation will be correct, complete, current, or sufficient.

No oral or written information, result, statement, or advice from ArcWardyn creates a warranty unless expressly stated in a written warranty signed by an authorized ArcWardyn officer.

Some jurisdictions do not allow certain warranty exclusions. In those jurisdictions, exclusions apply only to the maximum extent permitted by law, and any legally required warranty is limited to the shortest permitted duration and narrowest permitted scope.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARCWARDYN AND ITS AFFILIATES, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, CONTRACTORS, SERVICE PROVIDERS, DISTRIBUTORS, AND PLATFORM PROVIDERS (COLLECTIVELY, THE “ARCWARDYN PARTIES”) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, ENHANCED, OR PUNITIVE DAMAGES; LOSS OF MONEY, FUNDS, CRYPTOCURRENCY, REVENUE, PROFITS, BUSINESS, OPPORTUNITY, GOODWILL, REPUTATION, CREDIT, IDENTITY, PRIVACY, USE, OR DATA; COST OF SUBSTITUTE SERVICES; BUSINESS INTERRUPTION; DEVICE OR ACCOUNT REMEDIATION; RANSOM; CREDIT MONITORING; IDENTITY RESTORATION; PERSONAL INJURY; EMOTIONAL DISTRESS; OR ANY OTHER LOSS ARISING FROM OR RELATED TO THE SERVICE OR THIS EULA, EVEN IF ADVISED THAT THE DAMAGE WAS POSSIBLE.

This exclusion includes losses arising from or related to:

  1. any scam, phishing attempt, fraud, impersonation, malicious message, malicious link, attachment, malware, ransomware, account takeover, identity theft, security threat, or social-engineering attack that the Service does not detect, prevent, block, or correctly classify;
  2. reliance on or disregard of any label, warning, result, recommendation, action, output, or omission;
  3. bugs, defects, vulnerabilities, incompatibility, delay, outage, interruption, failed update, failed delivery, data corruption, or loss of access;
  4. unauthorized access, interception, disclosure, data breach, privacy incident, credential compromise, or loss of data;
  5. acts or omissions of an email provider, AI provider, marketplace, payment processor, network provider, contractor, attacker, or other third party; and
  6. suspension, modification, discontinuation, or termination of the Service.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ARCWARDYN PARTIES’ TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THIS EULA WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU ACTUALLY PAID ARCWARDYN FOR THE SERVICE DURING THE 12 MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE FIRST CLAIM OR (B) US$100.

The limitations apply regardless of the legal theory, whether contract, warranty, tort, negligence, strict liability, statute, restitution, or otherwise; regardless of whether a remedy fails of its essential purpose; and to multiple claims collectively, not per incident.

The disclaimers, exclusions, and cap are an essential basis of the bargain and allocation of risk and apply to the fullest extent permitted by law. They do not exclude or limit liability for fraud, intentional misconduct, gross negligence, or another matter only to the extent applicable law prohibits its exclusion or limitation. Your non-waivable statutory rights remain unaffected.

17. Indemnification

To the fullest extent permitted by law, you will defend, indemnify, and hold harmless the ArcWardyn Parties from claims, demands, proceedings, liabilities, damages, judgments, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:

  1. your User Content or your lack of authority to connect or process a mailbox;
  2. your violation of this EULA or applicable law;
  3. your misuse, resale, sharing, commercial exploitation, or unauthorized access to the Service;
  4. your infringement or violation of another person’s rights; or
  5. a dispute between you and a mailbox owner, household member, provider, customer, employee, contractor, or other third party.

ArcWardyn may control the defense and settlement of an indemnified claim. You may not settle a claim in a manner that admits fault by, imposes obligations on, or fails to fully release an ArcWardyn Party without ArcWardyn’s prior written consent. This Section does not require a consumer to indemnify an ArcWardyn Party to the extent prohibited by applicable law.

18. Term and Termination

This EULA begins when you first accept it or access the Service and continues until terminated.

You may terminate it by canceling your subscription, disconnecting supported mailboxes, ceasing all use, and uninstalling all ArcWardyn software. Deleting or uninstalling a client may not by itself revoke provider authorization, delete server-side information, cancel a marketplace subscription, or complete all legally permitted retention and backup cycles; follow ArcWardyn’s published account-deletion and provider-revocation instructions.

ArcWardyn may suspend or terminate this EULA or your access immediately, with or without notice, if you violate this EULA; fail to pay fees; create legal, security, operational, or reputational risk; use the Service fraudulently or unlawfully; or if ArcWardyn discontinues the Service.

Upon termination, the license ends and you must stop using and uninstall the Service. Sections that by their nature should survive will survive, including Sections 4, 8–11, 14–17, and 19–25, together with accrued payment obligations.

19. Changes to This EULA

ARCWARDYN MAY REVISE THIS EULA AT ANY TIME IN ITS SOLE DISCRETION. ArcWardyn will post each revised EULA at https://arcwardyn.ai/legal/eula/, identify its effective date, and retain a versioned copy. ArcWardyn will also send a transactional notice to the email address associated with each then-active account unless the account holder already accepted that version before the notice campaign. You are responsible for keeping your account email address current.

Unless a later effective date is stated or applicable law requires advance notice, a nonmaterial revision becomes effective when posted. If ArcWardyn determines that a revision is material, or if applicable law otherwise requires affirmative consent, ArcWardyn will require you to affirmatively accept the revised EULA before specified continued use of the Service. Changes involving dispute resolution, liability, fees or renewal, or materially different personal-information practices will not be treated as accepted merely because ArcWardyn posted them on the website.

If you do not agree to a revision, you must stop using the Service, cancel any subscription in accordance with the applicable cancellation terms, and uninstall the software. ArcWardyn will follow any additional notice, timing, cancellation, consent, or other procedure required by applicable law. No revision will retroactively alter the rules governing a dispute that arose before the revision’s effective date unless applicable law permits it and the parties validly agree.

20. Informal Resolution; Binding Individual Arbitration; Class Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHT TO GO TO COURT.

20.1 Informal Dispute Notice

Before starting arbitration or litigation, the complaining party must send a written Notice of Dispute describing the claimant’s name and contact information, account identifier, facts, requested relief, and a good-faith calculation of the amount sought. Notices to ArcWardyn must be sent to legal@arcwardyn.ai with the subject “Legal Notice.” The parties will attempt in good faith to resolve the dispute for 60 days after receipt.

20.2 Agreement to Arbitrate

Except for the exclusions below, you and ArcWardyn agree that any dispute, claim, or controversy arising out of or relating to this EULA, the Privacy Notice, the Service, marketing, purchase, use, data, security, termination, or the relationship between you and ArcWardyn will be resolved by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect. The Federal Arbitration Act governs this Section.

The arbitration will be conducted by one neutral arbitrator in English. Unless the parties agree otherwise, a consumer may participate by telephone, video conference, written submissions, or at a reasonably convenient location. The arbitrator may award the same individual relief a court could award but may award relief only to the individual claimant and only to the extent necessary to resolve that claimant’s individual claim. Judgment may be entered in any court with jurisdiction.

20.3 Exceptions

Either party may bring an individual claim in small-claims court if it remains within that court’s jurisdiction. Either party may seek temporary or preliminary injunctive relief in court to prevent actual or threatened infringement, misuse of intellectual property, unauthorized access, or breach of confidentiality or security controls while arbitration is pending. Government agencies may enforce rights within their authority.

20.4 No Class or Representative Proceedings

YOU AND ARCWARDYN AGREE TO BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY. NEITHER PARTY MAY BRING, JOIN, OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, MASS, PRIVATE-ATTORNEY-GENERAL, OR REPRESENTATIVE ACTION OR ARBITRATION. THE ARBITRATOR MAY NOT COMBINE CLAIMS OR PRESIDE OVER ANY SUCH PROCEEDING WITHOUT THE EXPRESS WRITTEN CONSENT OF ALL PARTIES. YOU AND ARCWARDYN WAIVE ANY RIGHT TO A JURY TRIAL TO THE FULLEST EXTENT PERMITTED BY LAW.

20.5 Arbitration Opt-Out

You may opt out of this arbitration agreement by sending an email to legal@arcwardyn.ai with the subject “Arbitration Opt-Out” within 30 days after you first accept this EULA. Your notice must include your full name, account email, and a clear statement that you opt out of arbitration. Opting out will not affect other terms or your access to the Service. A prior valid arbitration opt-out remains effective unless you later expressly agree otherwise.

20.6 Severability

If a final decision holds that a particular claim or remedy cannot lawfully be arbitrated or that a portion of the class waiver is unenforceable for that claim or remedy, only that claim or remedy will proceed in court after all arbitrable matters are completed. If the prohibition on class arbitration is held unenforceable, the agreement to arbitrate will be void as to the affected proceeding.

21. Governing Law and Court Proceedings

The Federal Arbitration Act governs Section 20. Except to the extent federal law or non-waivable local law applies, all other governing-law and forum questions will be determined under the law that a court with jurisdiction would apply. Any court proceeding permitted under this EULA must be brought in a court that has subject-matter and personal jurisdiction over the parties and the dispute. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

22. Export Controls and Sanctions

You may not export, re-export, transfer, provide, or use the Service in violation of United States or other applicable export-control or sanctions laws. You represent that you are not located in, ordinarily resident in, or organized under the laws of a prohibited jurisdiction and are not a restricted party. You will not use the Service for prohibited end uses.

23. Application Marketplaces and Platform Providers

If you obtain the Service through Apple, Google, Microsoft, a browser marketplace, or another platform provider (“Platform Provider”), you acknowledge that:

  1. this EULA is between you and ArcWardyn, not the Platform Provider;
  2. ArcWardyn, not the Platform Provider, is responsible for the Service and any support ArcWardyn has agreed to provide;
  3. the Platform Provider has no obligation to furnish maintenance or support;
  4. the Platform Provider is not responsible for claims relating to the Service except to the extent required by its marketplace terms or applicable law;
  5. if a legally required warranty applies and the Service fails to conform, the Platform Provider may refund the purchase price, if any, to the extent its terms require, and otherwise has no warranty obligation; and
  6. the Platform Provider and its subsidiaries may be third-party beneficiaries of this Section and may enforce it where its terms require.

You must also comply with the applicable Platform Provider’s usage rules. More protective mandatory marketplace terms control only to the extent required.

24. General Terms

24.1 Entire Agreement and Order of Precedence

This EULA, the Privacy Notice, applicable purchase or plan terms, and any additional feature-specific terms presented to you form the entire agreement concerning the Service and replace prior or contemporaneous communications on that subject. If they conflict, the Privacy Notice controls for personal-information practices, marketplace terms control as stated in Section 13 or 23, signed enterprise terms control for the covered enterprise use, and this EULA otherwise controls.

24.2 Assignment

You may not assign or transfer this EULA or any right without ArcWardyn’s prior written consent. ArcWardyn may assign this EULA, in whole or part, to an affiliate or in connection with financing, reorganization, merger, acquisition, sale of assets, or operation of law.

24.3 Force Majeure

ArcWardyn is not liable for delay or failure caused by circumstances beyond its reasonable control, including natural disasters, utilities or network failures, labor disputes, war, terrorism, civil unrest, government action, epidemics, provider or marketplace failures, cyberattacks, denial-of-service attacks, or failures of hosting, email, AI, payment, or other third-party services.

24.4 Severability and Reformation

Except as otherwise stated in Section 20, if a provision is held unlawful, invalid, or unenforceable, it will be enforced to the maximum lawful extent and modified only as much as necessary, and the remaining provisions will remain effective.

24.5 No Waiver

Failure to enforce a provision is not a waiver. A waiver must be in a writing signed by ArcWardyn and applies only to the specific instance stated.

24.6 Headings and Interpretation

Headings are for convenience only. “Including” means “including without limitation.” The English version controls to the extent permitted by law. This EULA will not be construed against a party merely because that party drafted it.

24.7 No Third-Party Beneficiaries

Except for the ArcWardyn Parties and Platform Providers expressly protected by this EULA, there are no third-party beneficiaries.

24.8 Notices

ArcWardyn may provide operational or legal notices by posting them on its website, displaying them in the Service, or sending them to contact information associated with your account, subject to applicable law. Legal notices to ArcWardyn must be sent to legal@arcwardyn.ai with the subject “Legal Notice.”

25. Contact

ArcWardyn
Support: hello@arcwardyn.ai
Legal notices: legal@arcwardyn.ai (subject: “Legal Notice”)
EULA: https://arcwardyn.ai/legal/eula/

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