Terms of Service

These Terms of Service (“Terms”) are a binding agreement between AetherMind Studios (“AetherMind,” “we,” “us,” or “our”) and the individual or entity that accesses or uses our services (“you” or “Customer”). These Terms govern access to and use of our website at aethermindstudios.com, the Service Arc application at www.ServiceArcApp.com, and all related software, features, documentation, and support (collectively, the “Service”).

BY CREATING AN ACCOUNT, CLICKING “I AGREE,” ACCESSING THE SERVICE, OR OTHERWISE USING THE SERVICE, YOU ACCEPT THESE TERMS. If you do not agree, do not use the Service. If you use the Service on behalf of an organization, you represent that you have authority to bind that organization, and “you” refers to that organization.

1. The Service

Service Arc is a multi-tenant software-as-a-service platform for field service and operations management, including work orders, dispatch, scheduling, customer management, reporting, and integrations with third-party tools. The Service is a business tool only. It is not legal, tax, accounting, insurance, or professional advice, and it does not replace licensed professionals or systems you already use for financial recordkeeping.

We may modify, suspend, or discontinue any part of the Service at any time, with or without notice, including features, integrations, storage limits, and supported devices. We are not liable for any modification, suspension, or discontinuation.

2. Eligibility and accounts

• You must be at least 18 years old and capable of forming a binding contract.
• You must provide accurate, current, and complete registration information and keep it updated.
• You are responsible for all activity under your account and for maintaining the confidentiality of credentials.
• Organization administrators are responsible for all users they invite, their permissions, and their compliance with these Terms.
• You must notify us promptly of any unauthorized access or security incident involving your account.
• We may refuse, suspend, or terminate any account at our sole discretion.

3. License and restrictions

Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your internal business operations during the subscription or trial period.

You may not, and may not permit any third party to:

• Copy, modify, adapt, translate, or create derivative works of the Service or our documentation.
• Reverse engineer, decompile, disassemble, or attempt to discover source code, except where prohibited by law.
• Rent, lease, sell, sublicense, distribute, or make the Service available to third parties except as expressly permitted.
• Scrape, crawl, harvest, or use automated means to access the Service without our written consent.
• Remove, obscure, or alter proprietary notices.
• Use the Service to build a competing product or service.
• Overload, interfere with, or disrupt the Service, our infrastructure, or other users.
• Upload malware, unlawful content, or material that infringes intellectual property or privacy rights.
• Use the Service in violation of applicable law, industry regulations, or third-party rights.

4. Acceptable use

You are solely responsible for your use of the Service and for all Customer Data (defined below) you submit, including data about your customers, employees, contractors, and jobs. You represent that you have all rights and consents necessary to collect, use, and process such data through the Service.

Prohibited uses include, without limitation:

• Fraudulent, deceptive, harassing, defamatory, or abusive activity.
• Unauthorized access, penetration testing, or security probing without our prior written approval.
• Transmitting spam, phishing, or unsolicited communications through the Service.
• Storing or processing protected health information, export-controlled data, or other regulated data unless we have agreed in writing.
• Any activity that could harm AetherMind, the Service, or any person.

We may investigate violations and cooperate with law enforcement. We may remove content, restrict access, or suspend or terminate accounts without liability.

5. Customer data and privacy

“Customer Data” means data you or your users submit to the Service, including operational records, customer information, files, and configuration data. You retain ownership of Customer Data. You grant us a worldwide, non-exclusive license to host, copy, transmit, display, and process Customer Data solely to provide, maintain, secure, and improve the Service, comply with law, and enforce these Terms.

You are responsible for the accuracy, quality, and legality of Customer Data and for obtaining required notices and consents from individuals whose data you upload. Our Privacy Policy describes how we handle personal information. In the event of conflict between these Terms and the Privacy Policy regarding data processing, the Privacy Policy controls for privacy matters and these Terms control for all other matters.

After termination, we may delete Customer Data after a reasonable retention period. You are responsible for exporting your data before termination. We have no obligation to retain or restore deleted data except as required by law.

6. Our intellectual property

The Service, including software, design, trademarks, logos, documentation, and all related intellectual property, is owned by AetherMind or its licensors and is protected by law. No rights are granted except as expressly stated in these Terms. “Service Arc” and “AetherMind Studios” are our trademarks. You may not use our names or marks without prior written consent.

If you provide feedback, suggestions, or ideas, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them without restriction or compensation.

7. Third-party services and integrations

The Service may integrate with or link to third-party services (such as QuickBooks Online, Stripe, email providers, or cloud infrastructure). Third-party services are not under our control and are governed by their own terms and privacy policies. We do not endorse and are not responsible for third-party services, including availability, accuracy, security, data handling, fees, or changes that affect your use of the Service.

You are solely responsible for configuring integrations, maintaining third-party accounts, and reconciling data between systems. Operational data in Service Arc and financial records in your accounting system may differ; you must verify all financial and tax information independently.

8. Fees, trials, and payment

If you purchase a paid plan, you agree to pay all fees stated at checkout, in an order form, or on our pricing page. Fees are non-refundable except where required by law or expressly stated in writing by us. We may change prices on renewal with reasonable notice.

Free trials, beta features, and preview functionality are provided “as is,” may be modified or withdrawn at any time, and may contain errors. Your use of beta features is at your sole risk.

Late or failed payments may result in suspension or termination. You remain responsible for taxes, bank fees, and third-party charges associated with your use of the Service.

9. Confidentiality

Each party may receive non-public information from the other. The receiving party will use reasonable care to protect such information and will not disclose it except to employees, contractors, and advisors with a need to know, or as required by law. This obligation does not apply to information that is public, independently developed, or lawfully received from a third party without restriction.

10. Suspension and termination

You may stop using the Service at any time. We may suspend or terminate your access immediately, with or without notice, for any reason, including non-payment, suspected violation of these Terms, security risk, excessive use, or harm to the Service or other users.

Upon termination, your license ends and you must cease use of the Service. Sections that by their nature should survive will survive, including ownership, restrictions, disclaimers, limitation of liability, indemnification, dispute resolution, and governing law.

11. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, AETHERMIND AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, ACCURATE, COMPLETE, OR FREE OF HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED. YOU USE THE SERVICE AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR BUSINESS DECISIONS, COMPLIANCE OBLIGATIONS, AND BACKUPS OF CUSTOMER DATA.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL AETHERMIND OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS (US $100).

THESE LIMITATIONS APPLY TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN THOSE CASES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

13. Indemnification

You will defend, indemnify, and hold harmless AetherMind and its owners, officers, employees, contractors, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Service; (b) Customer Data or content you submit; (c) your violation of these Terms or applicable law; (d) your integrations or third-party services; or (e) any dispute between you and your customers, employees, or contractors. We may assume exclusive defense of any matter subject to indemnification, and you will cooperate with us.

14. Force majeure

We are not liable for delay or failure to perform due to events beyond our reasonable control, including internet outages, hosting failures, cyberattacks, labor disputes, natural disasters, government actions, or third-party service failures.

15. Export and legal compliance

You may not use or export the Service except as authorized by U.S. law and local laws. You represent that you are not located in a country subject to U.S. embargo and are not on any U.S. government restricted-party list.

16. Changes to these Terms

We may update these Terms at any time by posting a revised version and updating the “Last updated” date. Material changes may also be communicated through the Service or by email. Continued use after the effective date constitutes acceptance. If you do not agree, you must stop using the Service.

17. Dispute resolution, governing law, and venue

These Terms are governed by the laws of the State of Maine, USA, without regard to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Before filing a claim, you agree to contact us at servicearcapp@gmail.com and attempt to resolve the dispute informally for at least thirty (30) days.

Except for claims for injunctive relief or intellectual property enforcement, any dispute arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Arbitration will take place in Maine, USA, in English, before a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.

Class action waiver: You and AetherMind agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding.

If arbitration is found unenforceable for a particular claim, exclusive jurisdiction and venue for that claim will lie in the state or federal courts located in Maine, USA, and you consent to personal jurisdiction there.

18. General

• Entire agreement. These Terms and the Privacy Policy are the entire agreement regarding the Service and supersede prior agreements on the subject.
• Assignment. You may not assign these Terms without our consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Severability. If any provision is unenforceable, the remainder remains in effect.
• No waiver. Failure to enforce a provision is not a waiver of future enforcement.
• Notices. We may provide notices through the Service, email, or our website. Legal notices to us should be sent to servicearcapp@gmail.com.
• Electronic consent. You consent to receive communications electronically and agree that electronic agreements and notices satisfy legal writing requirements.

19. Contact

Questions about these Terms: Contact page or servicearcapp@gmail.com.

These Terms are provided for operational clarity. They are not legal advice. Consider having a qualified attorney review them for your specific business structure and jurisdiction.