Draft — not yet reviewed by counsel. ArcAngel CRM is in closed alpha and is not accepting public sign-ups. These documents describe how the Service is actually built and operated today, but they have not been reviewed by an attorney and should not be relied on as a final agreement. They will be reviewed before the Service is offered generally.
These Terms of Service (“Terms”) govern access to and use of ArcAngel CRM (the “Service”), provided by ArcAngel Technical Services, LLC, a Kansas limited liability company (“we,” “us,” “ArcAngel CRM”). By creating an account or using the Service, you agree to these Terms. If you are agreeing on behalf of an organization, you represent that you are authorized to bind it.
The Service is currently in closed alpha, offered to a small number of invited Organizations. During the alpha: features may change or be withdrawn with little notice, no fees are charged, and no service-level commitment applies. The safeguards described in the Privacy Policy and on the Security page apply in full regardless — an alpha is a reason to expect rough edges in features, not in the handling of Participant data.
You must be at least 18 years old and able to form a binding contract to create or administer an Organization account. Participants, including minors, may be given portal access by the Organization. You are responsible for keeping credentials confidential and for activity under your account, and for notifying us promptly if you believe an account has been compromised.
You represent and warrant that, for every person whose information you enter or manage, you have the authority and all necessary consents to do so and to have ArcAngel CRM process that information in order to provide the Service. You are responsible for:
Our handling of Participant Data is described in the Privacy Policy, which forms part of these Terms.
You agree not to: use the Service unlawfully or to infringe others’ rights; upload malware; attempt to breach security, defeat tenant isolation, or access another Organization’s data; probe, scan, or load-test the Service without our written permission; reverse-engineer or resell the Service; or use it to store information you are not authorized to hold. We may suspend an account that puts Participant data or the Service at risk, and will explain why.
As between you and us, the Organization owns its Participant Data. We claim no ownership of it and acquire no right to use it beyond providing the Service. You may export your data at any time, in a machine-readable format, including while your account is read-only. On termination, we will make your data available for export and then delete or return it as described in the Privacy Policy.
The Service, including its software, design, and the content we provide, is owned by ArcAngel Technical Services, LLC and its licensors. We grant you a limited, non-exclusive, non-transferable right to use the Service during your subscription. Branding you upload — your logo, colors, and marks — remains yours; you grant us only the right to display it within your own tenant of the Service.
We work to keep the Service available and reliable but do not guarantee uninterrupted operation, and during the closed alpha we offer no service-level commitment. We may modify or discontinue features, with reasonable notice for material changes.
Except as expressly stated, the Service is provided “as is” and “as available,” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. ArcAngel CRM is a recordkeeping tool. It does not provide legal, clinical, accreditation, funding-compliance, or other professional advice; reports and compliance aids in the Service are informational, and confirming that a submission meets a funder’s requirements remains yours.
To the maximum extent permitted by law, ArcAngel CRM will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost data or profits. Our total liability arising out of or relating to the Service will not exceed the greater of the amount you paid us in the 12 months before the claim or one hundred dollars ($100).
What this limit does not cover. Nothing in this section limits our liability for our own breach of the confidentiality and security obligations in the Privacy Policy, for gross negligence or wilful misconduct, or for anything else that cannot be limited by law. A cap on ordinary commercial risk should not become a way to disclaim responsibility for the one thing this Service exists to do properly.
You agree to indemnify and hold harmless ArcAngel Technical Services, LLC from third-party claims arising out of your misuse of the Service, your violation of these Terms, or your entry of data you were not authorized to provide. This does not apply to claims arising from our own breach of these Terms or of the Privacy Policy.
You may stop using the Service and close your account at any time. We may suspend or terminate access for material breach of these Terms, or to protect Participant data or the Service, with notice where practicable. On termination for any reason, Section 7 (export) survives.
We may update these Terms. For material changes we will give at least 30 days’ notice. Continued use after changes take effect means you accept them.
These Terms are governed by the laws of the State of Kansas, without regard to conflict-of-laws rules. You and ArcAngel Technical Services, LLC agree that the state and federal courts located in Kansas will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, and each party consents to venue and personal jurisdiction there. Before filing, each party agrees to raise the issue in writing and allow 30 days to resolve it.
Questions about these Terms: [email protected].
Questions about this document? Contact
[email protected].
ArcAngel Technical Services, LLC