1. Parties, scope and acceptance
- Operator: FenixMinds B.V., a Dutch private limited company, KvK 91762782 (referred to as "we", "us", or "Operator").
- Service: askarc.app, an AI orchestration and chat service developed by FenxLabs (the "Service").
- Agreement: These Terms and Conditions ("Terms") govern your access to and use of the Service. By registering, accessing or using the Service you accept and agree to be bound by these Terms. If you accept on behalf of an organisation you represent, you confirm you have authority to bind that organisation.
2. Provision of Service; modifications; third-party systems
- Service description: The Service aggregates, orchestrates and presents outputs from one or more AI models and third-party AI providers to deliver chat, summarisation, search, and related features. The Service may include general-purpose models, specialist models, and tools provided by third parties.
- Changes: We may modify, suspend or discontinue Service features, functionality, pricing, integrations or content at any time. Material changes will be notified via the Service or email where legally required. Continued use after notice constitutes acceptance of changes.
- Third-party providers: The Service relies on third-party models, hosting, payments, analytics and other subprocessors. Use of those components is subject to their terms and applicable law; we are not responsible for third-party policies. We will disclose significant third-party model usage in our transparency documentation.
3. Accounts, access and user responsibilities
- Accounts: You must provide accurate information and keep credentials confidential. You are fully responsible for activity through your account. If you suspect unauthorised access, you must notify us immediately.
- Eligibility and age limits: You must be at least the age permitted by applicable law to create an account and use the Service. Where local laws impose higher minimum ages (for example COPPA in the United States), you agree not to permit use by persons below those ages without lawful parental consent.
- Acceptable use: You must not use the Service to commit unlawful acts, infringe intellectual property or privacy rights, transmit malware, engage in harassment, produce disallowed content, attempt to reverse engineer the Service, or otherwise misuse the Service. We may impose additional acceptable use rules in the Help Centre.
- Content standards: You warrant that any content you upload or submit (including prompts) does not violate applicable law or third-party rights and that you have rights to submit it. You grant us a licence to process and, where permitted and disclosed, to store that content for the purposes of providing the Service and meeting contractual, security and legal obligations.
4. Intellectual property, outputs and training data
- Operator IP: We and our licensors retain all rights, title and interest in the Service, underlying software, models, documentation and trademarks. No ownership is transferred except for the limited licence below.
- User content and outputs: Unless otherwise agreed in writing, you retain ownership of the input content you submit. Subject to your compliance with these Terms, we grant you a non-exclusive, worldwide, royalty-free licence to use outputs provided to you by the Service for any lawful purpose. Outputs may be similar or identical to outputs provided to other users.
- Training and use of data: We will process inputs and outputs as described in our Privacy Policy. Unless you have a specific written agreement stating otherwise, you acknowledge and accept that the Operator or third-party providers may use aggregated, de-identified or otherwise non-proprietary data to operate and improve services; any use of personal data will comply with applicable privacy law and our Privacy Policy. If you require a no-training guarantee, this must be agreed in a separate written contract.
- Third-party models: Where outputs are wholly or partly generated by third-party models, we will use reasonable endeavours to identify the provider in our transparency notices. We are not liable for the content, accuracy or availability of third-party models beyond our contractual obligations.
5. Warranties, disclaimers and liability
- No professional advice warranty: Generated outputs are for informational purposes only and do not constitute professional, legal, medical, financial or other regulated advice. You must not rely solely on outputs for decisions where accuracy is critical.
- Disclaimer of warranties: The Service is provided "as is" and "as available". To the maximum extent permitted by applicable law we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement.
- Limitation of liability: To the maximum extent permitted by applicable law, our aggregate liability for all claims arising out of or relating to these Terms or the Service will not exceed the total fees paid by you to us for the Service in the 12 months prior to the claim, or €1,000 where no fees were paid, whichever is greater. We will not be liable for loss of profits, lost data, indirect, incidental, special, or consequential damages. These limits do not apply to liability for wilful misconduct, gross negligence, death or personal injury, or other liabilities that cannot be limited by law.
- Indemnity: You will indemnify, defend and hold harmless the Operator and its affiliates, officers and employees from claims, liabilities, losses and expenses (including reasonable legal fees) arising from your breach of these Terms, your content or your use of the Service.
6. Payments, suspension, termination, governing law and contact
- Fees and payment: Paid features are governed by the pricing and payment terms displayed when you subscribe. All fees are non-refundable except as required by law or a written agreement. We may suspend paid accounts for non-payment.
- Suspension and termination: We may suspend or terminate your access for breach of these Terms, unlawful activity, or at our discretion with notice where required. Upon termination we may delete or retain account data as described in our Privacy Policy and to meet legal obligations.
- Export control: You agree to comply with applicable export control laws and not to use the Service in violation of economic sanctions or export restrictions.
- Governing law and disputes: These Terms are governed by Dutch law. Any dispute arising out of these Terms shall be submitted to the competent courts of the Netherlands, unless mandatory procedural rules require otherwise. You and we will first attempt to resolve disputes in good faith through internal escalation and mediation where appropriate.
- Entire agreement and severability: These Terms, together with any documents expressly incorporated by reference (including the Privacy Policy and Cookie Policy), constitute the entire agreement between you and us. If any provision is held invalid or unenforceable, the remainder of the Terms will remain in full force.
- Changes and notices: We may update these Terms; material changes will be communicated as required by law. Notices to you may be given via email or the Service. Notices to us should be sent to privacy@fenxlabs.ai.
- Contact: For questions, rights requests, or legal notices contact privacy@fenxlabs.ai.
7. Discounts and Promotional Offers
- Promotion periods: Each promotional offer (including seasonal campaigns such as Black Friday and End-of-Year sales) will specify its start and end dates. AskARC.app reserves the right to extend or shorten promotion periods at its discretion.
- Discounted prices: Promotional offers may include two types of discounted prices: a monthly subscription discount and an annual subscription discount. Discounted prices are always compared against the standard subscription price listed in the preceding 30 days, in line with EU consumer law.
- Eligibility: Promotions apply only to new subscriptions purchased during the promotional period. Customers with existing subscriptions may only benefit from a promotion once their current subscription has ended, provided this occurs within the promotional time range.
- Exclusions: Enterprise packages and other non-standard agreements are excluded from promotional offers. Such agreements are provided separately on a case-by-case basis.
- Combination of discounts: Promotional offers cannot be combined with other discounts, vouchers, or special pricing agreements.
- Refunds and cancellations: Refunds and cancellations for promotional subscriptions are handled in accordance with EU consumer protection rules and AskARC.app's main Terms & Conditions.
- Availability: All promotional offers are valid while supplies last. Prices are transparent and clearly communicated at the time of purchase.
- Reference to main terms: Unless otherwise stated, all other provisions of AskARC.app's Terms & Conditions remain unchanged and apply equally to promotional subscriptions.