ArchitectFWD™ Enterprise

Terms of Service

Welcome to ArchitectFWD™ Enterprise. By using our service, you agree to the following terms:

Early Stage Evaluation

This service is in startup mode, is in an early-stage evaluation phase and may change, evolve, or be discontinued at any time without prior notice. Any released information is indicative of service offering. As the service rolles out there may be bugs or limited features / functions.

AS IS and NO WARRANTY

The service is provided "AS IS" and "AS AVAILABLE," with no guarantees or warranties of any kind, express or implied, including but not limited to merchantability, fitness for a particular purpose, or non-infringement.

User Responsibility

Use of this service is at your own risk. We are not liable for any loss, damage, or disruption resulting from your use of the service.

Account Payment and Active Subscriptions

This section governs the payment obligations, subscription status, and usage of service credits associated with your account.

  1. Subscription Requirement and Payment

    Active Subscription Required: Access to the Service and its associated features, quotas, and AI Credits (defined below) is strictly contingent upon maintaining a paid and active subscription. Your subscription must be in good standing and all associated fees must be paid on time to continue utilizing the Service.

    Payment Processor: We utilize Stripe, Inc. ("Stripe") as our third-party payment processor for all payment transactions. By making a purchase, you agree to comply with Stripe's terms and policies, and you authorize us, through Stripe, to charge your designated payment method for all applicable fees.

    Non-Payment and Termination: Failure to pay any fees when due will constitute a breach of these Terms. If payment is not successfully processed, we reserve the right to immediately and without notice terminate your subscription and your ability to use the Service and any accrued benefits, including AI Credits.

  2. Payment Options and Flexibility

    • Payment Methods: We accept standard payment methods (such as credit cards) and offer alternative payment solutions, including automated invoicing and bank transfer options (such as ACH and Wire), for higher-tier or enterprise subscriptions.

    • Transaction Limits: Certain payment methods may be subject to transaction limits imposed by payment processors or financial institutions. We reserve the right to require payment via specific methods, such as bank transfer or invoice, for transactions exceeding a certain threshold.

    • Administrative Management: To ensure continuous service and seamless renewal, we may use administrative tools provided by our payment processor (Stripe) to manually update subscription details, reconcile payments, and manage billing cycles that utilize non-standard payment flows. All subscription management remains centralized within our processor's system.

  3. Subscription Features and AI Credits

    Feature Enablement: Your active subscription enables access to a set of specific features, quotas, and service limits detailed on our pricing page.

    AI Credits: All active subscriptions grant a set number of AI Credits. These credits are applied when utilizing certain features of the Service (e.g., using the AI Assistant, executing specific processes).

    Credit Usage: One or more AI Credits will be applied for each successful or attempted usage of an applicable feature. The AI assistant may use more credits depending on the feature.

    Credit Expiration: AI Credits are subject to an expiration date. Your credits will expire one month from the date they are granted. For clarity, the expiration date is set as now()->addMonth() on each Stripe Payment Succeeded event on payment or subscription renewing at the interval, committed as a credit bundle with the associated expiration date.

    Expired credits are irrevocably forfeited and cannot be used or reactivated.

  4. Credit Refund Policy

    In the event that an applicable Service feature is initiated, consumes credits, and then experiences a technical error or failure (as determined by our system logs) during processing:

    • The consumed credits will be automatically returned to your account.

    • The refund will be processed by deducting credits in order of expiration, and then:

      • We will find the most recently expiring credit bundle to add the refund to. This ensures that the refunded credits maintain an appropriate expiration date relative to your existing credits bundles.
  5. Subscription Cancellation Status

    The availability of features and credits upon cancellation depends on the type of cancellation:

    • Future-Dated Cancellation: If your subscription is in a "cancelled" state with a future termination date (e.g., at the end of the current billing cycle):

      • Your access to the Service, including the use of features and any remaining AI Credits, will remain active until the scheduled termination date.
    • Immediate Cancellation/Account Deactivation: If you request or we execute an immediate cancellation, termination, or account deactivation:

      • No further features of the Service nor AI Credits can be utilised from the time of immediate cancellation.
  6. Changes to Fees and Subscription Terms

    We reserve the right to modify our subscription fees and to introduce new fees at any time, which will be effective upon notice to you. Any price changes will not apply until the next renewal of your subscription. Continued use of the Service after a price change or term modification takes effect constitutes your agreement to pay the revised amount.

Use of Artificial Intelligence

  1. AI-Powered Features
    This service may include features or functionality powered by Artificial Intelligence (AI). These features are intended to assist and enhance user experience but may produce results or outputs that are unexpected, incomplete, or inaccurate.

  2. No Guarantee of Accuracy
    While we strive to optimize AI performance, we do not guarantee the accuracy, reliability, or fitness of any AI-generated outputs for specific purposes.

  3. User Responsibility
    Users are responsible for independently evaluating any outputs generated by AI features before relying on them for decisions, actions, or other purposes.

  4. Data Use for AI Training
    By using this service, you acknowledge and agree that anonymized or aggregated data may be used to improve AI models, in accordance with our Privacy Policy.

  5. Limitations of AI
    AI is a developing technology, and its functionality may evolve or change without prior notice. Users should not use AI features for critical, legal, medical, financial, or life-impacting decisions.

Early Access Program (EAP) and Beta Status

  • AS IS Status: The ArchitectFWD™ Enterprise platform is currently provided on an "AS IS," and "AS AVAILABLE" basis as part of our Early Access Program. The Service may contain bugs, errors, and other defects, and its operation may be interrupted or suspended.

  • Limitation of Liability: You acknowledge that you are using the EAP at your own risk. We disclaim all liability for any harm or damages, including data loss, arising from your use of the EAP features. Consistent with our Privacy Policy, no system is completely secure. We disclaim all liability for any harm or damages, including data loss or business interruption, arising from your use of the EAP features.

  • Changes and Termination: We reserve the right to modify, change, or discontinue the EAP (or any feature within it) at any time, with or without notice.

Data Ownership and Confidentiality

  • User Ownership: You retain all intellectual property rights to the business strategies, models, documents, and data you upload to the Service ("Input") and the unique outputs generated by the AI based on that Input ("Output"). This is consistent with our Privacy Policy.

  • Data Usage for Improvement: You grant us a non-exclusive, worldwide, royalty-free license to use, access, and analyze your Input and Output solely for the purpose of maintaining and improving the performance and core functionality of the ArchitectFWD™ Enterprise platform, provided that such use is anonymized, aggregated, or necessary for troubleshooting. This is consistent with our Privacy Policy.

Feedback and Intellectual Property

  • Required Feedback: As a participant in the Early Access Program, you agree to provide feedback, suggestions, and ideas regarding the functionality, performance, and usability of the Service ("Feedback").

  • Ownership of Feedback: You agree that all Feedback you provide is non-confidential. You grant us an exclusive, perpetual, irrevocable, worldwide, and royalty-free license to use, incorporate, and implement the Feedback for any purpose without acknowledgment or compensation to you.

Forward-Looking Statement Disclaimer

All references to future functionality, planned products, or unreleased features ("Roadmap Items") are for informational purposes only. These statements are based on our current planning and expectations and represent our best intentions, but they are not commitments.

You should not rely on the delivery of any future product or feature in making any purchasing decisions. Any development efforts, delivery timelines, or feature specifications discussed are subject to change, delay, or cancellation at the sole discretion of the service provider (the founder / CTO of ArchitectFWD). We assume no obligation to update or revise any forward-looking statements made herein.

Limitation of Liability

To the fullest extent permitted by law, ArchitectFWD™ Enterprise and its affiliates, employees, or agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, data, or use, whether incurred directly or indirectly, resulting from:

  • Your use of or inability to use the service.
  • Any unauthorized access to or use of our servers and/or any personal data stored therein.

In any case, the maximum liability of ArchitectFWD™ Enterprise to you for any claims arising from or related to the service is limited to the amount you paid for a one-month subscription under your current or most recent plan at the time of the incident.

Typographical Errors and Inaccuracies

While we strive for accuracy in the drafting and presentation of these Terms of Service, the Service, and our pricing information, we do not warrant that all content is free of errors, omissions, or inaccuracies.

No Liability for Errors: You acknowledge and agree that typographical errors, inaccuracies, or omissions related to pricing, product descriptions, promotions, offers, or subscription terms may occasionally occur.

Correction of Errors: We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. Such errors, inaccuracies, or omissions shall not constitute liability on our part, nor shall they result in a waiver of any of our rights under these Terms.

Other policies

It is your responsibility to be familiar with and accept all our policies and terms, including but not limited to the Terms of Service and Privacy Policy. Do not use our service if you do not agree to these terms, as use of the service assumes acknowledgment with and agreement to them.

Changes to Terms

These terms may be updated at any time. Continued use of the service constitutes acceptance of the latest terms.

Jurisdiction

New Zealand or as the founder / CTO may elect.

If you do not agree to these terms, please do not use the service.