Terms and Conditions
Welcome to Arcanist
These Terms and Conditions (the "Agreement" or "Terms") form a legally binding agreement between you ("User," "you," or "your") and Blastervla Enterprises LLC ("we," "our," or "us") regarding your access to and use of Arcanist, including our website, web app, AI-powered features, audio features, related software, and any associated services (collectively, the "Service").
By accessing, registering for, purchasing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not access or use the Service.
1. Eligibility and Acceptance
1.1 Eligibility
The Service is not intended for individuals under the age of 13. By using the Service, you represent and warrant that you are at least 13 years old and have the legal capacity to enter into this Agreement. If you are using the Service on behalf of a company, organization, or other entity, you represent and warrant that you have authority to bind that entity to these Terms.
1.2 Electronic Acceptance
You agree that your use of the Service, creation of an account, clicking of buttons such as "Sign up," "Continue," "Subscribe," or similar, and other electronic actions constitute your electronic signature and acceptance of these Terms, and that such acceptance is legally binding to the fullest extent permitted by applicable law.
1.3 Changes to the Service
We may update, modify, improve, suspend, or discontinue any part of the Service at any time, with or without notice, including features, interfaces, usage allotments, integrations, or supported functionality.
2. Accounts and Security
2.1 Account Registration
Some features of the Service require an account. You agree to provide accurate, current, and complete information and to keep that information updated.
2.2 Account Responsibility
You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. We are not liable for losses caused by unauthorized use of your account resulting from your failure to safeguard your credentials or devices.
2.3 Security Measures
You agree to use reasonable security precautions, including protecting your credentials, maintaining secure devices and browsers, and promptly notifying us if you suspect unauthorized access, account compromise, or misuse.
3. Plans, Usage Limits, and Fair Use
3.1 Plans and Features
We may offer free and paid plans with different features, quotas, usage allowances, rate limits, storage limits, and availability. Features and plan details may be described on our website, in the product interface, or in your account dashboard.
3.2 Usage Limits and Rate Limits
Your use of the Service may be subject to quotas, credits, hard caps, soft caps, concurrency restrictions, throttling, rate limits, audio processing limits, AI generation limits, storage limits, backup limits, or similar operational limits. These may be displayed in the Service, including in your dashboard.
3.3 Enforcement of Limits
We reserve the right to enforce such limits at any time to protect system stability, maintain fair access, prevent abuse, control third-party processing costs, and support the continued operation of the Service. If you exceed a limit, we may throttle, suspend, restrict, or stop certain functionality without liability.
3.4 Fair Use
You may not use the Service in a manner that is excessive, abusive, commercially exploitative beyond your plan's intended scope, or designed to circumvent limits, including through multiple accounts, automation, proxying, shared credential pools, scraping, batching strategies intended to evade quotas, or other techniques intended to extract disproportionate value from the Service.
4. Subscriptions, Billing, Renewals, and Cancellation
4.1 Paid Features
Certain features of the Service may require payment, including but not limited to premium AI usage, increased usage limits, cloud features, backups, or other premium functionality.
4.2 Billing Providers
Payments may be processed by third-party payment providers, including but not limited to Stripe, RevenueCat, app marketplace billing providers, or other processors. Your payments may also be subject to those providers' terms, policies, and procedures.
4.3 Recurring Billing and Renewals
If you subscribe to a recurring plan, you authorize us and/or the applicable billing provider to charge your payment method automatically on a recurring basis until cancellation. Billing intervals may be monthly, annual, or otherwise specified at the time of purchase.
4.4 Taxes
Prices may exclude applicable taxes, levies, duties, or similar governmental assessments unless otherwise stated. You are responsible for any such amounts associated with your purchase, except for taxes imposed on our income.
4.5 Trials, Promotions, and Credits
We may offer free trials, promotional pricing, referral credits, or other incentives. Unless otherwise stated, such offers may be modified, limited, revoked, or discontinued at any time, are non-transferable, may not be redeemed for cash, and may be subject to additional conditions.
4.6 Cancellation
You may cancel your subscription at any time through the billing method or account controls made available to you. Unless otherwise required by law, cancellation will take effect at the end of the current paid billing period, and you will retain access through that period. Deleting your account does not necessarily cancel an active subscription unless explicitly stated in the cancellation flow.
4.7 No Refunds
Except where required by law, all fees are non-refundable, including for partial billing periods, unused time, unused credits, unused usage allotments, or downgrades made before the end of a billing period.
4.8 Pricing Changes
We reserve the right to change pricing, plan structures, entitlements, and included usage at any time. Any such changes will apply prospectively and will not affect the price for your then-current billing period already paid, unless otherwise required by law or agreed by you.
4.9 Payment Failures
If a payment method fails, expires, or is declined, we may retry payment, suspend paid features, downgrade your account, limit functionality, or terminate access to premium features until payment is successfully received.
4.10 Chargebacks and Payment Disputes
If you initiate a chargeback or payment dispute, we reserve the right to suspend or terminate your access to the Service and recover associated costs, to the extent permitted by law. Payment disputes involving third-party billing platforms may need to be resolved directly with the applicable platform.
5. License and Permitted Use
5.1 Limited License
Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for its intended purposes.
5.2 Restrictions
Except as expressly permitted by us in writing or by applicable law, you may not:
- Reverse engineer, decompile, disassemble, or attempt to derive source code, models, prompts, or underlying components of the Service
- Copy, resell, lease, sublicense, white-label, distribute, or commercially exploit the Service or its outputs as a competing or substitute service
- Access the Service through bots, scripts, crawlers, agents, or automation except as expressly permitted by us
- Scrape, harvest, benchmark, or systematically extract data, outputs, prompts, metadata, or other content from the Service
- Bypass authentication, quotas, usage limits, rate limits, billing controls, or feature restrictions
- Probe, scan, or test the vulnerability of the Service without authorization
- Interfere with or disrupt the integrity, performance, or availability of the Service
- Use the Service to develop or improve a competing product or model using extracted outputs, data, prompts, workflows, or internal behavior
6. Acceptable Use and Prohibited Conduct
6.1 Lawful Use Only
You may use the Service only in compliance with applicable laws, regulations, and these Terms.
6.2 Prohibited Conduct
You may not use the Service to:
- Violate any law, regulation, court order, or third-party right
- Generate, store, transmit, or share content that is illegal, infringing, defamatory, fraudulent, malicious, or harassing
- Impersonate others or misrepresent your affiliation, identity, or authority
- Upload malware, spyware, malicious code, or harmful payloads
- Exploit the Service for spam, phishing, credential theft, surveillance abuse, or other deceptive practices
- Use the Service in a manner that could create unreasonable risk, legal exposure, reputational harm, or disproportionate cost for us or our providers
- Use the Service for high-risk activities where errors could result in death, personal injury, severe property damage, or legal harm
6.3 No Reliance for Critical Decisions
You must not rely on the Service as a substitute for professional advice or for critical decisions involving health, legal matters, finance, compliance, safety, employment, law enforcement, or other high-impact matters.
7. AI Features and Outputs
7.1 Nature of AI Outputs
The Service may use artificial intelligence, machine learning, speech-to-text systems, large language models, and other automated technologies to generate responses, transcriptions, summaries, suggestions, structured outputs, recommendations, or other results ("Outputs").
7.2 No Warranty as to Accuracy
Outputs may be inaccurate, incomplete, misleading, offensive, biased, delayed, unavailable, or otherwise unsuitable for your intended purpose. You are solely responsible for reviewing, validating, and determining whether to use any Output.
7.3 No Professional Advice
Outputs are provided for general informational and productivity purposes only and do not constitute legal, financial, medical, tax, accounting, regulatory, compliance, or other professional advice.
7.4 Responsibility for Use of Outputs
You are solely responsible for your review and use of Outputs and for any decisions, actions, publications, or downstream consequences resulting from your reliance on the Service or its Outputs.
7.5 AI Availability and Model Changes
We may change AI providers, models, prompts, workflows, safety systems, output formats, latency characteristics, quality characteristics, or feature availability at any time, including without notice.
7.6 No Warranty of Output Ownership or Non-Infringement
We do not warrant that any Output will be unique, available for intellectual property protection, non-infringing, or usable without review. Similar or identical Outputs may be generated for other users or by other services.
8. Audio Features and Communications
8.1 Audio Processing
Certain features may process live or recorded audio, including your voice and surrounding speech, to provide transcriptions, assistant features, notes, prompts, summaries, or related functionality. By using these features, you consent to that processing.
8.2 Responsibility for Notices and Consent
You are solely responsible for providing any notices and obtaining any permissions, consents, or other legal authorizations that may be required before recording, transmitting, or processing audio, speech, or information relating to other individuals in connection with your use of the Service.
8.3 Service Communications
You agree that we may send you service-related communications, including transactional emails, account notices, security alerts, legal notices, billing notices, and other messages necessary to operate the Service. Promotional communications may be sent where permitted by law and may generally be unsubscribed from, but you may not opt out of transactional or legal notices.
9. User Content
9.1 Ownership
As between you and us, you retain ownership of text, audio, files, notes, prompts, inputs, exports, campaigns, workspaces, and other content you submit to the Service ("User Content"), subject to the rights granted in these Terms.
9.2 License to Us
You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, transmit, process, adapt, format, display, and otherwise use User Content as necessary to operate, maintain, secure, improve, and provide the Service, enforce these Terms, comply with law, and protect our rights and users.
9.3 Your Responsibility
You are solely responsible for your User Content and represent and warrant that you have all rights, permissions, consents, and legal bases necessary to submit, process, store, and use that User Content through the Service.
9.4 Content Restrictions
You may not upload, store, or share User Content that:
- Violates law or regulation
- Infringes intellectual property, privacy, publicity, or other rights of others
- Contains malicious code or harmful payloads
- Is fraudulent, deceptive, hateful, threatening, or otherwise unlawful
9.5 Monitoring and Removal
We do not undertake a general obligation to monitor User Content, but we may review, refuse, block, remove, disable access to, or preserve User Content where we believe it is necessary to enforce these Terms, respond to complaints, comply with law, protect the Service, or protect users or third parties.
10. Intellectual Property
10.1 Our Rights
The Service, including its software, code, design, interface elements, branding, graphics, workflows, arrangements, compilations, text, documentation, and all related intellectual property rights, are owned by or licensed to Blastervla Enterprises LLC and are protected by applicable intellectual property laws.
10.2 Reservation of Rights
Except for the limited license expressly granted to you, we reserve all rights, title, and interest in and to the Service.
10.3 Trademarks
Arcanist, Blastervla Enterprises LLC, and related names, logos, product names, and branding elements are our trademarks or trade dress unless otherwise indicated. You may not use them without our prior written consent.
10.4 Feedback
If you provide suggestions, ideas, recommendations, bug reports, or other feedback regarding the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid, sublicensable right to use, reproduce, modify, adapt, publish, distribute, and otherwise exploit such feedback for any purpose without restriction or compensation to you.
11. Third-Party Services and Integrations
11.1 Third-Party Components
The Service may rely on or integrate with third-party platforms, APIs, infrastructure, payment processors, analytics tools, AI providers, speech-to-text providers, hosting providers, and other services. We do not control third-party services and are not responsible for their availability, content, policies, billing practices, or performance.
11.2 Changes by Third Parties
Third-party providers may change, suspend, degrade, or discontinue their offerings at any time, which may affect the Service. We are not liable for disruptions, limitations, or losses caused by such third-party changes.
12. Beta, Experimental, and Preview Features
12.1 Experimental Features
We may label certain features as beta, preview, early access, experimental, or similar. Such features may be incomplete, unstable, or unsuitable for production use and may be modified or removed at any time.
12.2 No Reliance
You use beta or experimental features at your own risk and should not rely on their continued availability, data retention, output quality, or compatibility.
13. Privacy and Data Handling
13.1 Privacy Policy
Our collection, use, storage, and disclosure of information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
13.2 International Processing
You understand that information may be processed and stored in the United States and other jurisdictions where we or our service providers operate, and that those jurisdictions may have different data protection laws than your own.
14. Suspension and Termination
14.1 Suspension and Termination by Us
We may suspend, restrict, downgrade, or terminate your access to the Service, with or without notice, if we believe:
- You violated these Terms or applicable law
- Your use creates security, legal, reputational, financial, or operational risk
- Your use is abusive, excessive, fraudulent, or harmful
- We are required to do so by law, regulation, court order, or provider requirements
- Continued provision of the Service is no longer commercially reasonable
14.2 Effect of Termination
Upon termination, your right to use the Service ceases immediately. We may delete or disable access to your account, User Content, settings, and related data in accordance with our policies, legal obligations, and operational needs.
14.3 Termination by You
You may stop using the Service at any time. If you wish to delete your account, you must follow the account deletion process made available by us or contact us if such process is not available within the product.
15. Disclaimers
15.1 Service Provided "As Is"
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS," "AS AVAILABLE," "WITH ALL FAULTS," AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
15.2 Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, ACCURACY, RELIABILITY, SECURITY, SYSTEM INTEGRATION, OR THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.
15.3 No Service-Level Guarantee
We do not provide any service-level agreement, uptime guarantee, recovery guarantee, or guarantee of continued access unless explicitly stated by us in a separate written agreement signed by an authorized representative.
16. Limitation of Liability
16.1 Exclusion of Certain Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES, OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS OPPORTUNITY, DATA, USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16.2 Overall Cap on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO US FOR THE SERVICE IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS (USD $100).
16.3 Basis of the Bargain
You acknowledge that the disclaimers and limitations in these Terms are a fundamental basis of the bargain between you and us and that we would not be able to provide the Service on an economically reasonable basis without them.
17. Indemnification
17.1 Your Indemnity Obligations
To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Blastervla Enterprises LLC and its affiliates, owners, officers, employees, contractors, licensors, service providers, and agents from and against any claims, demands, actions, proceedings, investigations, liabilities, damages, judgments, settlements, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or related to:
- Your use of the Service
- Your User Content
- Your Outputs, publications, or downstream uses of Outputs
- Your violation of these Terms or applicable law
- Your infringement or violation of any third-party rights
17.2 Control of Defense
We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claim.
18. Dispute Resolution; Venue; Class Action Waiver
18.1 Informal Resolution First
Before filing a claim, you agree to first contact us and attempt to resolve the dispute informally by sending a written notice describing the issue, the relief requested, and your contact information. We likewise agree to attempt informal resolution before initiating a claim against you, where reasonably practical.
18.2 Governing Law
These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of Texas and applicable United States law, without regard to conflict of law rules.
18.3 Exclusive Venue
Except to the extent prohibited by law, any dispute not resolved informally shall be brought exclusively in the state or federal courts located in Travis County, Texas, and each party consents to the personal jurisdiction and venue of those courts.
18.4 Class Action Waiver
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION OR PROCEEDING.
18.5 Injunctive Relief
Nothing in these Terms prevents either party from seeking injunctive or equitable relief for actual or threatened misuse of intellectual property, confidential information, security breaches, abuse of the Service, or other claims where monetary damages would be inadequate.
19. Export Compliance and Sanctions
19.1 Compliance
You represent and warrant that you are not located in, under the control of, or a national or resident of any country or region subject to comprehensive trade sanctions or embargoes applicable to the Service, and that you are not listed on any applicable government list of prohibited or restricted parties.
19.2 No Prohibited Use
You may not use, export, re-export, transfer, or make available the Service in violation of applicable export control, sanctions, or import laws.
20. Force Majeure
20.1 Events Beyond Our Control
We shall not be liable for any delay, failure, or disruption resulting from causes beyond our reasonable control, including failures of third-party providers, internet outages, denial-of-service attacks, labor disputes, power failures, natural disasters, epidemics, war, terrorism, civil unrest, governmental actions, or infrastructure failures.
21. Miscellaneous
21.1 Entire Agreement
These Terms, together with our Privacy Policy and any additional policies or terms expressly incorporated by reference, constitute the entire agreement between you and us regarding the Service and supersede prior or contemporaneous understandings relating to the Service.
21.2 Severability
If any provision of these Terms is held unlawful, invalid, or unenforceable, that provision shall be enforced to the maximum extent permissible and the remaining provisions shall remain in full force and effect.
21.3 No Waiver
Our failure to enforce any provision of these Terms shall not constitute a waiver of that or any other provision.
21.4 Assignment
You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, corporate reorganization, sale of assets, financing, or by operation of law.
21.5 No Third-Party Beneficiaries
Except as expressly provided in these Terms, these Terms do not create any third-party beneficiary rights.
21.6 Survival
Provisions which by their nature should survive termination shall survive, including provisions relating to payment obligations, intellectual property, feedback, disclaimers, limitations of liability, indemnification, dispute resolution, export compliance, and miscellaneous provisions.
22. Contact Information
If you have any questions or concerns about these Terms, please contact us at:
- Email: privacy@blastervla.com
