Arkus AI

Arkus terms of service

These Terms of Service (“Terms”) form a legally binding agreement between Arkus AI AB, organisation number 559239-8811, with its registered office at Hagaesplanaden 1, 113 68 Stockholm, Sweden (“Arkus,” “we,” “our,” or “us”), and the person or entity using the Services (“Customer,” “you,” or “your”).

These Terms govern your access to and use of arkus.ai, the Arkus AI Agent Builder, and related services, APIs, hosting features and integrations (collectively, the “Services”). The Services enable Customers to build, configure, deploy and operate Customer Agents.

By creating an account, purchasing a subscription, or using the Services, you confirm that you have read and agree to these Terms, our Privacy Policy, Platform Rules, and, where Arkus Processes Customer Personal Data on your behalf, our Data Processing Agreement (“DPA”).

If you use the Services for an organisation, you represent that you have authority to bind that organisation. In that case, “Customer,” “you,” and “your” refer to the organisation.

1. Eligibility and accounts

  1. You must be at least 18 years old and legally capable of entering into a binding agreement.
  2. You must provide accurate account information and keep it current.
  3. You are responsible for maintaining the confidentiality of your account credentials and for activity under your account. You must notify Arkus promptly at legal@arkus.ai if you suspect unauthorised access.
  4. You may not share credentials in a way that circumvents plan limits or permits unauthorised use.

2. Definitions

  1. AI Output means content, code, text, images, recommendations or other material generated through an AI-enabled feature of the Services.
  2. Arkus Materials means the Services and Arkus-provided software, APIs, documentation, models, workflows, templates, interfaces, designs and technology, excluding Customer Data.
  3. Customer Data means content, prompts, code, text, images, files, workflow configurations, application data and other data submitted to or generated through the Services by or for Customer. Customer Data excludes Usage Data.
  4. Customer Agent means an agent, application or workflow created, configured, deployed or operated by or for Customer using the Services.
  5. Customer Personal Data has the meaning given in the DPA.
  6. Credits means prepaid or promotional usage units for eligible Services.
  7. Customer-Connected Provider means an AI model, integration or other third-party service that Customer independently connects, authorises or configures for use with the Services.
  8. Services means the Arkus AI Agent Builder, arkus.ai, and the related APIs, hosting, infrastructure, integrations, components and support services provided by Arkus.
  9. Third-Party Component means software, code, libraries, connectors, templates or other functionality developed by a third party and made available by Arkus for Customer to use in connection with the Services. A Third-Party Component does not include a third-party service provider that Processes Customer Personal Data on Arkus’s behalf.
  10. Usage Data means technical, operational, security and service-usage data generated through use of the Services, including logs, telemetry, performance measurements and feature-usage statistics.

3. Licence and use of the Services

  1. Subject to these Terms and payment of applicable fees, Arkus grants you a limited, non-exclusive, non-transferable and revocable right to access and use the Services during the subscription term for your personal or internal business purposes.

  2. You may use the Services to create and operate Customer Agents, subject to your plan limits and these Terms.

  3. Arkus may make Third-Party Components available through the Services. Customer may choose whether to enable, configure or use a Third-Party Component. Third-Party Components may be subject to additional third-party licence terms, usage restrictions or fees identified when the component is enabled or in the applicable documentation.

  4. You may not:

    • copy, sell, sublicense or distribute Arkus Materials except as expressly permitted;
    • reverse engineer or attempt to extract non-public source code, models, algorithms or system architecture, except where applicable law expressly permits it;
    • bypass security, rate limits, access controls or usage restrictions;
    • scrape or access the Services through unauthorised automated means;
    • introduce malware or interfere with the integrity, security or availability of the Services;
    • use the Services or AI Output to develop or train a competing general-purpose AI model using Arkus Materials; or
    • use the Services in violation of law, these Terms or the Platform Rules.

  5. Rights not expressly granted are reserved by Arkus and its licensors.

4. Platform Rules and hosted applications

  1. Your use of the Services and all Customer Agents you build or host must comply with the Platform Rules, which are incorporated into these Terms.
  2. You are responsible for the legality, safety, accuracy and operation of your Customer Agents, integrations and Customer Data.
  3. Arkus may investigate suspected abuse and may restrict, suspend or remove content, projects or accounts where reasonably necessary to protect users, third parties, Arkus or the Services; comply with law; or enforce the Agreement.
  4. Where required by applicable law, Arkus will provide notice and reasons for a restriction and an opportunity to appeal, unless notice would be unlawful or would create a material security or safety risk.
  5. Reports of illegal, malicious or policy-violating content may be sent to legal@arkus.ai with the subject “Abuse.”

5. AI services and model providers

  1. The Services use third-party AI models. The default model service offered by Arkus is provided through Microsoft Azure OpenAI, which hosts OpenAI models in Microsoft’s Azure environment.

  2. Azure OpenAI may process prompts, inputs and outputs to provide model inference, content filtering, security and abuse monitoring in accordance with Microsoft’s applicable terms and privacy documentation.

  3. Arkus does not use Customer Data, prompts or AI Output to train, retrain or fine-tune any Arkus or shared third-party AI model.

  4. Subject to available features, Customer may connect Customer-Connected Providers, including providers such as Anthropic or Google Gemini. When Customer connects or selects such a provider:

    • Customer instructs Arkus to transmit the data necessary to use that provider;
    • Customer is responsible for its account, configuration, credentials and authority to use the provider;
    • the provider’s own terms and privacy practices apply; and
    • retention, training, location, security and human-review practices may differ from Arkus’s default Azure OpenAI service.

  5. Arkus does not warrant that a Customer-Connected Provider will remain available, compatible or suitable for Customer’s use case.

  6. Arkus will identify Arkus-selected AI providers in its Subprocessor List. A provider connected independently by Customer may not be an Arkus Subprocessor where it acts directly on Customer’s instructions and under Customer’s separate agreement.

6. AI Output and human oversight

  1. AI Output may be inaccurate, incomplete, biased, offensive, insecure, non-unique or unsuitable for its intended purpose.
  2. You are responsible for reviewing, testing and validating AI Output, including generated code, before relying on, publishing or deploying it.
  3. You must maintain appropriate human oversight and must not rely solely on AI Output for decisions that may materially affect a person’s rights, health, safety, employment, access to essential services, legal position or financial interests.
  4. You are responsible for providing notices and labels required by law, including informing individuals when they are interacting with an AI system and labelling covered AI-generated or manipulated content.
  5. Arkus may provide disclosure or labelling features. You must not remove, obscure or circumvent disclosures that Arkus designates as legally or safety required.
  6. The Services do not provide medical, legal or financial advice, and AI Output is not a substitute for qualified professional judgment.

7. Customer Data and data protection

  1. As between Customer and Arkus, Customer retains its rights in Customer Data.

  2. Customer grants Arkus and its Subprocessors a limited, worldwide, non-exclusive licence to host, copy, transmit, display and otherwise process Customer Data only as necessary to provide, secure, maintain and support the Services; comply with Customer’s instructions; enforce the Agreement; and comply with law.

  3. Arkus may use Usage Data and aggregated or de-identified information to operate, secure, analyse and improve the Services, provided the information does not identify Customer or an individual and is not used to train an AI model.

  4. Where Arkus Processes Customer Personal Data on Customer’s behalf, the DPA applies automatically and forms part of these Terms. No separate signature is required.

  5. Arkus Processes Personal Data for its own account administration, billing, security, support and legal-compliance purposes as described in the Privacy Policy.

  6. Customer is responsible for:

    • having an appropriate legal basis for Customer Personal Data;
    • providing required privacy and AI notices;
    • responding to end-user requests and complaints;
    • configuring access, retention, integrations and agents appropriately; and
    • ensuring that its instructions and use of the Services comply with applicable law.

  7. In the event of conflict concerning Customer Personal Data, the following order applies: mandatory transfer terms, the DPA, these Terms, then the Privacy Policy.

8. Personal, health and sensitive data

  1. The Arkus AI Agent Builder is a development environment and does not itself collect health data or other sensitive or special-category Personal Data directly from end users. A Customer Agent may collect, receive, store or otherwise Process such data where Customer configures the Customer Agent to do so.
  2. PHI or other data requiring additional sector-specific safeguards or contractual terms must not be submitted without Arkus’s prior written approval.
  3. Customer determines the purposes, data fields, collection methods and Processing operations of its Customer Agents. Customer is responsible for establishing an appropriate legal basis and, where applicable, a condition under Article 9 GDPR or equivalent law; providing required notices; obtaining any required consent or authorisation; conducting required impact assessments; applying data-minimisation and retention requirements; and otherwise complying with applicable law.
  4. Customer controls whether Personal Data processed by a Customer Agent is transmitted to an AI model or Third-Party Component. Arkus will transmit such data only in accordance with Customer’s configuration, provider selection and documented instructions.
  5. Customer may configure available anonymisation, pseudonymisation, redaction or data-minimisation measures before data is transmitted to an AI model or Third-Party Component. Customer is responsible for determining whether those measures are appropriate for its use case. Pseudonymised data remains Personal Data where it can be attributed to an individual using additional information; data is anonymous only where individuals are not identifiable by means reasonably likely to be used.
  6. Customer is responsible for determining which categories of data may be sent to each AI model or Third-Party Component and for assessing the provider, processing location, retention practices, contractual terms and safeguards. Arkus-selected providers that Process Customer Personal Data on Arkus’s behalf are governed by the DPA and identified in the Subprocessor List. Customer-Connected Providers are governed by Section 5.
  7. Arkus does not use Customer Data, including personal or health data processed through a Customer Agent, to train, retrain or fine-tune any Arkus AI model.
  8. Customer remains responsible for determining whether a Customer Agent is subject to healthcare, clinical-research, medical-device or other sector-specific law. Availability of the Services for a use case does not mean that a Customer Agent is clinically validated, certified or legally compliant.

9. Security

  1. Arkus implements technical and organisational measures designed to protect Customer Personal Data, as further described in the DPA.
  2. Customer acknowledges that no online service can guarantee absolute security.
  3. Security is a shared responsibility. Customer is responsible for its users, credentials, configurations, integrations, permissions, Customer Agents and devices.
  4. You must promptly report suspected vulnerabilities or security incidents to legal@arkus.ai with the subject “Security.”

10. Third-Party Components and Services

  1. The Services may depend on third-party infrastructure, AI models and integrations. Arkus is not responsible for failures caused by a Customer-Connected Provider or another third party outside Arkus’s reasonable control.
  2. Third-Party Components are provided by their respective owners and may be modified, suspended or discontinued by those owners. To the maximum extent permitted by law, Arkus does not warrant and is not responsible for the continued availability, operation, functionality, accuracy, security or interoperability of Third-Party Components.
  3. Where enabling a Third-Party Component causes Customer Data to be transmitted to an external third-party service, Arkus will inform Customer before activation.

11. Fees, subscriptions and Credits

  1. Arkus may offer free, trial, monthly, annual and usage-based plans. Features, limits and prices are described at purchase or in an order form.

  2. Paid subscriptions renew automatically for the stated renewal period unless cancelled before renewal. You authorise Arkus’s payment provider to charge the applicable fees and taxes.

  3. You may cancel through available account settings or by contacting Arkus. Cancellation normally takes effect at the end of the current paid period unless applicable law requires otherwise.

  4. Credits:

    • are usage units and not legal tender;
    • have no value outside the Services;
    • do not earn interest;
    • may be subject to plan-specific expiry; and
    • are non-refundable except where required by law or expressly stated otherwise.

  5. Fees are non-refundable except where required by applicable law or expressly agreed in writing.

  6. Customer is responsible for applicable taxes, VAT, duties or governmental charges, excluding taxes on Arkus’s income.

12. Intellectual property

  1. Arkus and its licensors own all rights in the Arkus Materials.
  2. As between the parties and to the extent permitted by applicable law and third-party model terms, Customer owns its Customer Data and applications and agents built using the Services.
  3. Arkus assigns to Customer any rights Arkus may have in AI Output generated specifically for Customer, subject to Customer’s compliance with the Agreement and any rights in Arkus Materials, third-party materials or other users’ content.
  4. AI Output may not be unique, and similar output may be generated for other users. Arkus does not warrant that AI Output is protectable by intellectual-property law or does not infringe third-party rights.
  5. Feedback may be used by Arkus without restriction or compensation, provided it does not include Customer Personal Data or Customer Confidential Information.

13. Service availability and changes

  1. The Services are provided on an “AS IS” and “AS AVAILABLE” basis.
  2. Arkus does not guarantee uninterrupted or error-free availability unless a separate service-level agreement expressly applies.
  3. Arkus may modify, replace or discontinue features. Where reasonably possible, Arkus will provide advance notice of a material discontinuation affecting paid Services.
  4. Beta, preview or experimental features may be changed or discontinued at any time and may be subject to additional terms.

14. Suspension and termination

  1. Arkus may suspend or terminate access where Customer materially breaches the Agreement; creates a security, legal or safety risk; fails to pay fees; or uses the Services fraudulently or unlawfully.

  2. Where reasonably possible, Arkus will give notice and an opportunity to cure before suspension or termination, except in urgent, unlawful or high-risk circumstances.

  3. Customer may terminate its account at any time, subject to applicable subscription commitments.

  4. Upon termination:

    • access to the Services ends;
    • outstanding fees remain payable;
    • Credits expire or remain usable only as stated in the applicable plan and subject to consumer law; and
    • Customer Data is returned or deleted as described in the DPA and Privacy Policy.

15. Disclaimers

To the maximum extent permitted by law, Arkus disclaims implied warranties, including merchantability, fitness for a particular purpose, satisfactory quality, title and non-infringement. Arkus does not warrant that AI Output is accurate, unique, lawful, secure or suitable for Customer’s intended use. This section does not exclude warranties or remedies that cannot lawfully be excluded, including mandatory consumer rights.

16. Limitation of liability

  1. To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, punitive or consequential loss, or loss of profits, revenue, goodwill or data, arising from the Agreement.
  2. Subject to Section 16.3, Arkus’s aggregate liability arising out of or relating to the Agreement will not exceed the amount Customer paid Arkus for the Services during the twelve months preceding the event giving rise to the claim.
  3. Nothing in the Agreement excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud, fraudulent misrepresentation, wilful misconduct, death or personal injury caused by negligence, or mandatory consumer rights.
  4. The DPA does not limit a Data Subject’s rights under Applicable Data Protection Law or the Standard Contractual Clauses.

17. Indemnification

To the extent permitted by law, Customer will defend, indemnify and hold Arkus harmless from third-party claims arising from Customer Data; Customer Agents or integrations; Customer’s breach of the Agreement; or Customer’s violation of law or third-party rights. This section does not apply to consumers to the extent prohibited by applicable consumer law.

18. Changes to these Terms

  1. Arkus may update these Terms to reflect legal, security, operational or product changes.
  2. Arkus will provide reasonable advance notice of a material change that adversely affects Customer’s rights. Changes required by law or urgent security needs may take effect sooner.
  3. Continued use after the effective date constitutes acceptance where permitted by law. If Customer does not agree to a material change, Customer may stop using the Services and cancel before the change takes effect, subject to applicable contractual commitments and mandatory rights.

19. Governing law and disputes

  1. These Terms are governed by Swedish law, excluding conflict-of-law rules.
  2. Disputes will be resolved by the competent courts of Sweden.
  3. If you are a consumer, Sections 19.1 and 19.2 do not deprive you of mandatory protections or jurisdictional rights available under the law of your country of residence.

20. General

  1. These Terms, the DPA, Platform Rules, Privacy Policy, applicable order forms and expressly incorporated policies form the Agreement.
  2. If a provision is invalid or unenforceable, the remaining provisions remain effective.
  3. Customer may not assign the Agreement without Arkus’s prior written consent, except as part of a merger or sale of substantially all relevant assets. Arkus may assign the Agreement to an affiliate or as part of a corporate reorganisation, merger or sale.
  4. Failure to enforce a provision is not a waiver.
  5. Notices may be delivered electronically to the contact details associated with the account.

21. Contact

Arkus AI AB
Organisation number: 559239-8811
Hagaesplanaden 1
113 68 Stockholm
Sweden
Email: legal@arkus.ai
Website: arkus.ai