Legal

Terms of Service

Terms that govern access to arcbox.dev, ArcBox software, and ArcBox cloud services.

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The website located at arcbox.dev and related pages, documentation, and downloads (the "Site"), software distributed by ArcBox (including ArcBox Desktop), and ArcBox's account-based cloud services (collectively, the "Services") are owned or operated by ArcBox, Inc. d/b/a ArcBox Labs ("ArcBox", "Company", "we", "us", or "our"). These Terms of Service ("Terms") are a legally binding agreement between you and ArcBox governing your use of the Services. Additional or product-specific terms presented with a particular Service are incorporated into these Terms and, for that Service, control over them.

By accessing or using the Services, you accept these Terms on behalf of yourself or the entity you represent, and you represent that you have the authority to do so. If you do not agree to these Terms, do not access or use the Services.

Please read Section 13 carefully. It contains an agreement to arbitrate, a class action waiver, and a jury trial waiver.

1. Eligibility

You may not use the Services or accept these Terms if you are not at least 18 years old, or if you are barred from using the Services under applicable law. If you use the Services on behalf of an organization, you agree to these Terms for that organization and represent that you have the authority to bind it.

2. Access to the Site

Limited license

Subject to these Terms, ArcBox grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Site for your personal or internal business purposes.

Restrictions

You may not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or its content except as expressly allowed by us. You may not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Site except to the extent such restriction is prohibited by law or by an applicable open-source license. You may not access the Site to build a competing website, product, or service.

Changes to the Services

We may modify, suspend, or discontinue the Services, in whole or in part, at any time with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Services.

Ownership

Excluding your User Content and Customer Content, the Services and their content are owned by ArcBox or its suppliers and are protected by intellectual property laws. These Terms do not transfer any ownership rights to you. All rights not expressly granted are reserved.

3. Accounts and User Content

Some features may require an account. If you create an account, you must provide accurate information, keep that information current, maintain the confidentiality of your login credentials, and notify us promptly of unauthorized use.

"User Content" means content or information you submit to or through the Services, other than Customer Content (defined in Section 5). You are solely responsible for your User Content. You grant ArcBox a worldwide, non-exclusive, royalty-free license to host, reproduce, display, perform, modify, and use your User Content solely to operate, provide, secure, and improve the Services.

Feedback, ideas, or suggestions you provide about ArcBox may be used by us without restriction or compensation. Do not submit confidential or proprietary information through public forms, issue trackers, support channels, or feedback channels unless a separate written agreement with ArcBox covers that information.

4. Software, Downloads, and Separate Licenses

The Site may link to ArcBox software, source code, documentation, packages, releases, or other downloadable materials. Those materials may be governed by separate open-source or source-available licenses, commercial licenses, subscription terms, or written agreements. If separate terms apply, those separate terms control for the relevant software or service.

Nothing in these Terms limits rights granted to you under an applicable open-source license. For proprietary or commercial ArcBox software, you may use the software only as permitted by the applicable license or agreement.

Official builds of ArcBox software, including ArcBox Desktop, may check for and install updates and may send crash reports or telemetry as described in our Privacy Policy. Unless we expressly agree otherwise in writing, ArcBox has no obligation to provide support or maintenance for the software.

ArcBox software may also rely on ArcBox-operated network services in normal operation, such as update feeds and boot image, release, and asset distribution endpoints (including on the arcboxcdn.com and arcbox.dev domains). These hosted resources are part of the Services under these Terms. We do not guarantee that any particular endpoint will remain available indefinitely or for all software versions.

5. Cloud Services

Scope

This section applies where ArcBox makes account-based cloud services available, including compute, container, sandbox, storage, and related hosted offerings (the "Cloud Services"). Pricing, plan, or product-specific terms presented at signup or purchase are part of these Terms for the relevant Cloud Service.

Customer Content

You retain all rights to the code, images, volumes, data, and other content you run or store on the Cloud Services ("Customer Content"). You grant ArcBox a limited, non-exclusive, worldwide license to host, run, reproduce, and transmit Customer Content solely to provide, secure, and support the Cloud Services and to comply with law. We access Customer Content only for those purposes or with your permission. You are responsible for your Customer Content, including ensuring that you have all rights needed to run it on the Cloud Services and that it complies with these Terms.

Fees and billing

Paid Cloud Services are billed according to the pricing and billing terms presented at purchase, which may include usage-based fees measured by our systems. Fees are exclusive of taxes, which you are responsible for except taxes on our income. If charges are past due, we may suspend the affected Cloud Services after notice. We may change prices with prior notice, effective for your next billing period.

Beta and preview services

Services identified as alpha, beta, preview, or early access are provided as-is, may change or be discontinued at any time without notice, may have reduced or no support, and are excluded from any commitments we make for generally available services.

Network resources

IP addresses and other network identifiers that ArcBox assigns to your resources remain the property of ArcBox or its providers, are not transferable, and may be reassigned, rotated, or reclaimed when the associated resource is terminated or when reasonably necessary to operate the network. You must not use the Cloud Services in a way that damages the reputation of ArcBox networks or IP space, including by originating spam, abusive traffic, or traffic that causes ArcBox network ranges to be blocklisted. Abuse originating from ArcBox networks or services may be reported to abuse@arcbox.dev.

Suspension

We may suspend the Cloud Services, in whole or in part, if we reasonably believe your use violates these Terms, creates a security or operational risk to the Services or others, is required by law, or if your charges are past due. Where practicable, we will limit suspension to the affected resources and restore service once the cause is resolved.

Effect of termination

When you delete a resource, close your account, or a Cloud Service is terminated, we delete the associated Customer Content within a reasonable period, except for residual copies in backups and records we retain for billing, security, or legal compliance, as described in our Privacy Policy. You are responsible for exporting Customer Content you wish to keep before termination.

6. Acceptable Use

You agree not to use the Services to:

  • violate any law, regulation, contract, or third-party right;
  • upload, transmit, or distribute malware, worms, or harmful code;
  • interfere with or disrupt servers, networks, security, or authentication systems;
  • attempt to gain unauthorized access to the Site or related systems;
  • harvest, scrape, or collect information except as allowed by our robots.txt file;
  • send spam, unsolicited messages, or duplicative requests;
  • consume resources beyond your allocated limits, or circumvent metering, quotas, or billing;
  • mine cryptocurrency without ArcBox's prior written consent;
  • attack, scan, or test the security of third-party systems without authorization;
  • harass, abuse, threaten, or harm another person; or
  • submit content that is unlawful, infringing, misleading, defamatory, obscene, or otherwise objectionable.

We may review, remove, or refuse User Content, suspend or terminate accounts, and report conduct to law enforcement when we believe it violates these Terms or creates risk for ArcBox, our users, or others.

The Services may contain links to third-party websites, services, products, repositories, package registries, or content. Third-party services are not under our control. We are not responsible for third-party content, terms, privacy practices, or security. Your use of third-party services is at your own risk and may be governed by separate terms.

8. Disclaimers

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARCBOX AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT.

We do not warrant that the Services will meet your requirements, be uninterrupted, timely, secure, error-free, accurate, reliable, complete, legal, safe, or free of harmful code, and unless expressly agreed in writing, we do not commit to any uptime or availability level. Some jurisdictions do not allow limitations on implied warranties, so some of the above limitations may not apply to you.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARCBOX AND ITS SUPPLIERS WILL NOT BE LIABLE FOR LOST PROFITS, LOST DATA, COSTS OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARCBOX'S TOTAL LIABILITY FOR DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF THE AMOUNTS YOU PAID ARCBOX FOR THE SERVICES IN THE SIX (6) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR FIFTY U.S. DOLLARS (US $50). Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you.

10. Indemnification

You agree to indemnify and hold ArcBox, its officers, employees, agents, and affiliates harmless from claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, arising from your use of the Services, your User Content or Customer Content, your violation of these Terms, or your violation of applicable law or third-party rights.

11. Termination

These Terms remain in effect while you use the Services. We may suspend or terminate your rights to use the Services at any time, including if you violate these Terms. Sections that by their nature should survive termination will survive, including ownership, restrictions, disclaimers, limitation of liability, indemnification, dispute resolution, and general provisions.

ArcBox respects intellectual property rights and expects users to do the same. It is our policy to remove infringing material and, in appropriate circumstances, to terminate the accounts of users who are repeat infringers. If you believe material on the Site infringes your copyright, please send a written notice with:

  • your physical or electronic signature;
  • identification of the copyrighted work you claim has been infringed;
  • identification of the material you claim is infringing and want removed;
  • information reasonably sufficient for us to locate the material;
  • your address, telephone number, and email address;
  • a statement that you have a good faith belief the disputed use is not authorized; and
  • a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act for the owner.

Our designated agent to receive notifications of claimed infringement, as registered with the U.S. Copyright Office, is:

Legal Department
ArcBox, Inc. d/b/a ArcBox Labs
131 Continental Dr, Suite 305
Newark, Delaware 19713
+1 (415) 360-8880
dmca@arcbox.dev

Under 17 U.S.C. Section 512(f), a person who knowingly materially misrepresents that material is infringing may be liable for damages, costs, and attorneys' fees.

13. Dispute Resolution

Informal resolution

If a dispute arises between you and ArcBox relating to the Services or these Terms (a "Dispute"), both parties agree to first try to resolve the Dispute informally. A party initiating a Dispute must send written notice to the other party describing the Dispute and the relief requested. Notices to ArcBox should be sent to legal@arcbox.dev or ArcBox, Inc. d/b/a ArcBox Labs, 131 Continental Dr, Suite 305, Newark, Delaware 19713. Within 45 days after the notice is received, you and ArcBox agree to meet and confer, by telephone or videoconference, in a good-faith effort to resolve the Dispute. Completing this conference is a condition precedent to commencing arbitration or a small claims action. Applicable statutes of limitations and filing fee deadlines are tolled while the parties engage in this informal process.

Agreement to arbitrate

Except for disputes that qualify for small claims court or disputes seeking equitable relief for infringement or misuse of intellectual property rights, you and ArcBox agree that Disputes will be resolved by binding arbitration on an individual basis rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate, which survives termination of these Terms. This agreement to arbitrate does not prevent you from bringing issues to the attention of federal, state, or local agencies.

Arbitration rules and forum

If a Dispute is not resolved within 60 days after notice is received, either party may commence binding arbitration administered by JAMS. Disputes involving claims and counterclaims under US $250,000 (exclusive of attorneys' fees and interest) are subject to the then-current JAMS Streamlined Arbitration Rules; all other Disputes are subject to the then-current JAMS Comprehensive Arbitration Rules. The JAMS rules are available at jamsadr.com. Unless you and ArcBox agree otherwise or the batch arbitration process below applies, the arbitration will be conducted in the county where you reside. Responsibility for JAMS fees and costs is determined by the applicable JAMS rules. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. Materials and documents exchanged during arbitration must be kept confidential and may be shared only with the parties' attorneys, accountants, or business advisors bound by the same duty of confidentiality.

Authority of the arbitrator

The arbitrator has exclusive authority to resolve Disputes subject to arbitration, including disputes about the interpretation, applicability, enforceability, or formation of this agreement to arbitrate, except that only a court of competent jurisdiction may decide (a) disputes about the enforceability or scope of the class action waiver below, (b) disputes about the payment of arbitration fees, (c) disputes about whether a condition precedent to arbitration has been satisfied, and (d) disputes about which version of this agreement to arbitrate applies. The arbitrator may award the same individual damages and relief as a court, must follow applicable law and these Terms, and will issue a written award describing the essential findings and conclusions. Judgment on the award may be entered in any court of competent jurisdiction.

Class action and jury trial waiver

YOU AND ARCBOX AGREE TO BRING CLAIMS AGAINST EACH OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, REPRESENTATIVE, COLLECTIVE, OR MASS ACTION. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE THAT PARTY'S INDIVIDUAL CLAIM. YOU AND ARCBOX WAIVE ANY RIGHT TO A JURY TRIAL FOR DISPUTES COVERED BY THIS SECTION.

If a court finally decides that this waiver is invalid or unenforceable as to a particular claim or request for relief, that claim (and only that claim) will be severed from the arbitration and may be litigated in the state or federal courts located in the State of Delaware; all other Disputes remain subject to arbitration. This subsection does not prevent either party from participating in a class-wide settlement of claims.

Batch arbitration

If 100 or more arbitration demands of a substantially similar nature are filed against ArcBox by or with the assistance of the same law firm, group of law firms, or organization within a 30-day period, JAMS will administer the demands in batches of up to 100, with one arbitrator, one set of filing and administrative fees per side, one procedural calendar, and one consolidated proceeding per batch. Demands are of a substantially similar nature if they arise out of the same event or factual scenario, raise the same or similar legal issues, and seek the same or similar relief. If the parties disagree about whether this process applies, JAMS will appoint a single administrative arbitrator, whose fees ArcBox will pay, to decide. This provision does not authorize class, collective, or mass arbitration of any kind.

Attorneys' fees

Each party bears its own attorneys' fees and costs in arbitration, unless the arbitrator finds that the substance of a Dispute or the relief sought was frivolous or brought for an improper purpose. A party that obtains a court order compelling arbitration, or that prevails in a court action about whether a condition precedent to arbitration has been satisfied, may recover from the other party its reasonable costs and attorneys' fees incurred in that action.

30-day opt out

You may opt out of this arbitration agreement by sending written notice to ArcBox, Inc. d/b/a ArcBox Labs, 131 Continental Dr, Suite 305, Newark, Delaware 19713, or legal@arcbox.dev within 30 days after first becoming subject to this arbitration agreement. Your notice must include your name, address, and a clear statement that you want to opt out. Opting out of arbitration does not affect any other part of these Terms.

Severability and changes to this section

Except as stated in the class action and jury trial waiver above, if any part of this Section 13 is found invalid or unenforceable, that part will be severed and the remainder will remain in full force and effect. A Dispute must be initiated within the statute of limitations that would apply to the claim in a court of competent jurisdiction, or it is permanently barred. If ArcBox makes a material change to this Section 13, you may reject the change by written notice to the addresses above within 30 days after the change becomes effective, in which case the version of this section that you previously accepted continues to apply. Changes to this section do not create a new opt-out right if you previously agreed to arbitrate and did not validly opt out.

14. Export Controls

The Services and related technical data may be subject to U.S. export control laws and export or import regulations in other countries. You agree not to export, reexport, or transfer U.S. technical data acquired from ArcBox in violation of applicable export laws or regulations.

15. Changes to These Terms

We may revise these Terms from time to time. If we make material changes, we may notify you by posting notice on the Site or by sending email to the last email address you provided. Continued use of the Services after changes become effective means you accept the revised Terms.

16. General

These Terms are the entire agreement between you and ArcBox regarding the Services. If any provision is held invalid or unenforceable, the remaining provisions will remain in effect and the invalid provision will be modified to the maximum extent permitted by law. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our prior written consent. We may assign these Terms freely.

17. Contact

ArcBox, Inc. d/b/a ArcBox Labs
131 Continental Dr, Suite 305
Newark, Delaware 19713
legal@arcbox.dev