Terms and conditions
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These Terms of Service (the "Terms") govern access to and use of the website at arataai.com (the "Site") and the cloud-based services provided by Arata AI Inc., a Delaware corporation ("Arata AI," "we," "us") (the "Services"). By accessing or using the Site or the Services, you ("you" or "User") agree to these Terms and our Privacy Policy at arataai.com/privacy.
If your organization has executed a separate Master Services Agreement (MSA) with Arata AI, the MSA governs your organization's paid use of the Services, and in any conflict with these Terms the MSA controls (see Section 15).
SECTION 12 CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECT HOW DISPUTES ARE RESOLVED.
Acceptance and Modifications
By accessing the Site, creating an account, or using any Service (including free, trial, evaluation, or beta access), you agree to these Terms. You must be at least 18 and, if acting on behalf of an entity, have authority to bind it. We may update these Terms from time to time; for material changes we will provide reasonable notice via the Site, email, or in-product notification. Continued use after the effective date of an update constitutes acceptance.
Accounts
You are responsible for the accuracy of registration information, for safeguarding your credentials, and for all activity under your account. You must not share credentials and must promptly notify us at security@arataai.com of any suspected unauthorized access to or use of your account.
Acceptable Use
You will not, and will not permit any third party to: use the Services in violation of any law or third-party right; reverse engineer, decompile, or attempt to derive the source code, underlying models, or non-public APIs of the Services, except as permitted by law; use the Services to build or improve a competing product; probe, scan, or test the vulnerability of the Services or circumvent security measures without our prior written authorization; use automated means that impose an unreasonable load on our infrastructure; introduce malicious code; or submit protected health information, cardholder data, or government-classified information without express written permission in an MSA or order form. We may investigate suspected violations and may suspend or terminate access under Section 13.
Customer Data and Outputs
You retain all rights in the data, prompts, files, and other materials you submit to the Services ("Customer Data"). You grant Arata AI a worldwide, non-exclusive, royalty-free license to host, process, and display Customer Data solely to provide and secure the Services, to generate outputs for you, to comply with law, and to enforce these Terms. Arata AI will not use Customer Data submitted by enterprise Customers to train or fine-tune models for the benefit of third parties, except where the Customer expressly opts in in writing or where data is aggregated and de-identified. You represent that you have all rights necessary to submit Customer Data.
Intellectual Property
Arata AI and its licensors own all right, title, and interest in the Services, the Site, our models, software, and trademarks. No licenses are granted by implication. If you provide feedback about the Services, you grant Arata AI a perpetual, irrevocable, royalty-free license to use it without restriction.
Security Commitments
Arata AI maintains a written information security program, aligned with the AICPA Trust Services Criteria for Security, Availability, and Confidentiality, that is designed to protect Customer Data against unauthorized access, disclosure, alteration, and destruction. Our security commitments include: the Services are designed so that users access information based on their role and are restricted from information not needed for their role; access to the production environment and supporting infrastructure is controlled and limited to authorized personnel on a least-privilege basis; Customer Data is encrypted in transit and at rest using industry-standard encryption; key infrastructure components are monitored to collect and generate alerts; personnel undergo background checks, are bound by confidentiality obligations, and complete security awareness training upon hire and annually thereafter; and confidential information is used only for the purposes stated in our agreements with customers.
In the event of a confirmed security incident involving unauthorized access to Customer Data, we will notify affected Customers without undue delay and in accordance with applicable law. Customers may report suspected security incidents, failures, or concerns through the support channels provided during onboarding or at security@arataai.com.
No security program can guarantee perfect security, and you are responsible for the security of your devices and networks, the configuration of access controls within your account, and the protection of your credentials.
Availability Commitments
Arata AI uses commercially reasonable efforts to make the production Services available at all times, except during scheduled maintenance and circumstances beyond our reasonable control. We maintain system performance and availability monitoring mechanisms to help ensure the consistent delivery of the Services; documented business continuity and disaster recovery plans that are tested on a periodic basis; backups of Customer Data performed on at least a daily basis, with restoration tested at least annually; and operational procedures supporting the achievement of our availability commitments. We respond to customer requests in a reasonably timely manner.
Where scheduled maintenance is required, we will use commercially reasonable efforts to provide advance notice and to schedule it during low-usage windows. Free, trial, evaluation, and beta Services carry no availability commitment. Any uptime targets, service credits, or related remedies for paid Customers are governed exclusively by the applicable MSA or SLA.
Fees; Free Trials
Paid Services are governed by the applicable MSA or order form, which controls fees, payment terms, taxes, and renewals. We may offer free, trial, evaluation, or beta access at our discretion; such access is provided "AS IS" and "AS AVAILABLE" and may be modified or discontinued at any time.
Confidentiality
Each party will protect the other's non-public information with reasonable care and use it only to perform under these Terms. Customer Data is Customer's Confidential Information; the Services, documentation, pricing, and security information are Arata AI's Confidential Information. Confidential Information does not include information that is or becomes public through no fault of the receiving party, is independently developed, or is rightfully obtained without restriction. A party may disclose Confidential Information as required by law after, where legally permitted, reasonable advance notice to the disclosing party.
Privacy
Our handling of personal information is described in our Privacy Policy at arataai.com/privacy. Where we process personal information on behalf of an enterprise Customer, that processing is governed by these Terms, the applicable MSA, and any applicable data processing addendum.
Disclaimers; Limitation of Liability
EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OR AN APPLICABLE MSA, THE SITE AND SERVICES, INCLUDING ALL OUTPUTS, ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND ARATA AI DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. The Services use generative AI; outputs may contain errors and do not constitute professional advice, and you are responsible for reviewing and verifying outputs before relying on them.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARATA AI WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, BUSINESS, GOODWILL, OR DATA. ARATA AI'S TOTAL AGGREGATE LIABILITY WILL NOT EXCEED THE GREATER OF (A) THE FEES PAID OR PAYABLE FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) US$100 WHERE NO FEES HAVE BEEN PAID.
Governing Law; Arbitration; Class Waiver
These Terms are governed by the laws of the State of Delaware, U.S.A., without regard to conflict-of-laws principles; the UN Convention on Contracts for the International Sale of Goods does not apply. Any dispute arising out of or relating to these Terms or the Services will be resolved by final and binding arbitration before a single arbitrator administered by the American Arbitration Association under its Commercial Arbitration Rules, seated in New York, New York, in English. EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL AND AGREES THAT DISPUTES WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. Either party may seek injunctive relief in a court of competent jurisdiction to protect its intellectual property or Confidential Information.
Term and Termination
These Terms apply from your first access to the Site or Services and continue until terminated. Either party may terminate free, trial, or evaluation access at any time. We may suspend or terminate access immediately for material breach or if your use creates a security or legal risk. On termination, your right to use the Services ceases, and we may delete Customer Data after a reasonable period in accordance with the Privacy Policy or the MSA. Sections that by their nature should survive (including Sections 4, 5, 9, 11, 12, and 16) survive termination.
Export Controls and Sanctions
You will comply with all applicable export control and economic sanctions laws, including the U.S. Export Administration Regulations and regulations administered by OFAC. You represent that you are not located in a comprehensively sanctioned jurisdiction and are not on any U.S. government prohibited-parties list.
Relationship to MSA
If your organization has executed an MSA with Arata AI, the MSA governs your organization's paid use of the Services, and in any conflict between these Terms and the MSA, the MSA controls with respect to matters addressed therein. These Terms continue to govern general use of the Site and any free, trial, evaluation, or beta access.
General
These Terms, together with the Privacy Policy and, where applicable, the MSA and any order form or DPA, are the entire agreement between the parties regarding the Site and Services. If any provision is held unenforceable, the remaining provisions continue in effect. You may not assign these Terms without our prior written consent; we may assign in connection with a merger, acquisition, or sale of assets. Neither party is liable for delays or failures (other than payment obligations) caused by events beyond its reasonable control. A failure to enforce any right is not a waiver; the parties are independent contractors. Notices to Arata AI must be in writing and sent to Arata AI Inc., 69 Charlton Street, New York, NY 10014, with a copy by email to legal@arataai.com.
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