These Terms of Service govern your use of the websites, Arcana platform, and professional services provided by Fulton Ring, Inc. (“Fulton Ring,” “we,” “us,” or “our”). By accessing or using the services, you agree to these terms. If you use the services for an organization, you represent that you have authority to bind that organization.
If you and Fulton Ring sign an order form, statement of work, pilot agreement, or other written agreement, that agreement controls wherever it conflicts with these terms.
Using our services
You may use the services only in compliance with these terms and applicable law. You are responsible for the people you authorize to use your account, for keeping account credentials secure, and for promptly telling us about suspected unauthorized access.
Arcana may connect to systems that you select. You control which systems, repositories, and channels we are authorized to access. You remain responsible for the decisions you make using information produced through the services.
Customer data and permissions
You retain ownership of the data, documents, instructions, and other material you or your authorized users provide to the services (“Customer Data”). You grant Fulton Ring the limited rights needed to host, process, transmit, and display Customer Data solely to provide, secure, maintain, and support the services.
You represent that you have the rights and permissions required to provide Customer Data and connect each third-party system. We will handle Customer Data according to the applicable agreement and our documented security practices. A separate data-processing agreement may apply when required.
Acceptable use
You may not use the services to break the law, violate another person’s rights, distribute malicious code, bypass access controls, disrupt the services, probe for vulnerabilities without written permission, or build a competing product from non-public features of the services. You may not present an automated result as having been reviewed by a person when it has not.
Third-party systems
The services may connect to products operated by other companies. Your use of those products remains subject to their terms. Fulton Ring is not responsible for a third-party service becoming unavailable, changing its interface, or changing the data it makes available. We will work with you on reasonable changes to supported connections under the applicable service agreement.
Fees and payment
Fees, payment dates, renewal terms, and the scope of a paid engagement appear in the applicable order form or statement of work. Unless that agreement says otherwise, fees are non-refundable and do not include taxes. You are responsible for applicable sales, use, and similar taxes other than taxes based on Fulton Ring’s net income.
Intellectual property
Fulton Ring and its licensors retain all rights in the services, Arcana, our software, documentation, and branding. These terms do not transfer ownership of our technology to you. Subject to the applicable agreement and payment of fees, Fulton Ring grants you a limited, non-exclusive, non-transferable right to use the services during the agreed term.
If you give us feedback, you allow us to use it without restriction or compensation. We will not identify you publicly as the source of feedback without permission.
Confidentiality
Each party may receive non-public information from the other. The receiving party will use that information only for the relationship, protect it with reasonable care, and disclose it only to people who need it and are bound by confidentiality obligations. These duties do not apply to information that is already public through no breach, was known without restriction, was developed independently, or was lawfully received from another source.
Disclaimers
Except for any express commitments in a signed agreement, the services are provided “as is” and “as available.” To the fullest extent permitted by law, Fulton Ring disclaims implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee that every result will be complete or error-free. You should review a result before using it for a consequential decision or action.
Limitation of liability
To the fullest extent permitted by law, neither party will be liable for lost profits, lost revenue, loss of goodwill, or indirect, incidental, special, consequential, or punitive damages arising from the services. Each party’s total liability arising from the services will not exceed the fees paid or payable to Fulton Ring for the services during the twelve months before the event giving rise to the claim. If you have not paid Fulton Ring for the services, Fulton Ring’s total liability will not exceed one hundred U.S. dollars.
These limits do not apply where liability cannot legally be limited, or to a party’s fraud, willful misconduct, breach of confidentiality, or infringement of the other party’s intellectual property rights.
Suspension and termination
We may suspend access when reasonably necessary to address a security threat, unlawful use, material breach, or overdue payment. Where practical, we will give notice and work with you to resolve the issue. Either party may terminate as allowed by the applicable agreement. Provisions that by their nature should survive termination will remain in effect.
Changes to these terms
We may update these terms as the services change. We will post the revised terms here and update the effective date. If a change materially affects an active paid engagement, we will provide reasonable notice. Changes do not override a signed agreement unless that agreement allows them to.
Governing law
New York law governs these terms, without regard to conflict-of-law rules. Any dispute arising from these terms or the services must be brought in the state or federal courts located in New York County, New York, and each party consents to those courts’ jurisdiction.
Contact
Questions about these terms may be sent to info@fultonring.com.