Terms of Service
This Software-as-a-Service Agreement, together with any applicable Order Form and exhibits (collectively, the “Agreement”), is entered into between Archie.com Incorporated (“Archie.com,” “we,” or “us”) and you, the customer (“you” or “your”). By accessing or using our Services, you agree to be bound by this Agreement.
1. Services
Archie.com will provide the hosted software, applications, and related support services (the “Services”) as described in your Order Form or account dashboard.
You must register for an account and provide accurate information. Each authorised user must have a unique login. We may refuse registration or terminate accounts for violations of this Agreement.
2. Restrictions and Responsibilities
You agree not to:
- Reverse engineer, decompile, or otherwise attempt to derive source code from the Services.
- Modify or create derivative works from the Services except as expressly permitted.
- Use the Services for timesharing or service bureau purposes.
- Remove proprietary notices or labels. You are responsible for:
- Complying with all applicable laws.
- Maintaining the security of your devices, accounts, and passwords.
- All activity under your account, whether authorised or not.
3. Proprietary Rights
You own all right, title, and interest in your data. Archie.com retains all rights to the Services, related technology, and intellectual property.
We may collect and analyse data relating to your use of the Services to improve our products, develop new features, and for security purposes. We may disclose such data only in aggregated or de-identified form.
4. Payment of Fees
You agree to pay all fees described in your Order Form or pricing plan. Usage beyond plan limits may result in additional charges. We may update pricing with 30 days’ notice.
Unpaid amounts may incur interest at 1.5% per month (or the maximum allowed by law) and may result in suspension or termination of Services.
5. Term and Termination
This Agreement remains in effect until terminated. Either party may terminate with 30 days’ notice. We may terminate immediately for nonpayment or material breach.
Upon termination, we will make your data available for export for 30 days, after which we may delete it.
6. Warranty Disclaimer
We will use commercially reasonable efforts to maintain the Services and minimise downtime. However, the Services are provided “as is” without warranties of any kind, express or implied.
7. Limitation of Liability
To the fullest extent permitted by law, Archie.com will not be liable for any indirect, incidental, special, or consequential damages, or for any amount exceeding the fees you paid in the six months prior to the claim.
8. Indemnification
You agree to indemnify and hold harmless Archie.com from claims arising out of your use of the Services, your violation of this Agreement, or your violation of applicable law.
9. Miscellaneous
This Agreement is the entire agreement between you and Archie.com regarding the Services and supersedes all prior agreements. If any provision is found invalid, the remaining terms remain in effect. This Agreement is governed by the laws of the State of Florida, and disputes will be resolved exclusively in Miami-Dade County, Florida.
You grant Archie.com a limited right to use your name and logo solely to identify you as a customer in a general list of customers on our website and in marketing materials. You may revoke this right at any time by written notice to legal@archie.com.