Terms of Service
Please read these Terms of Service carefully before using the Services. These Terms of Service (the "Terms") form a binding legal agreement between you ("you" or "Customer") and 18178160 CANADA INC., operating as Archetypes AI, a corporation incorporated under the Canada Business Corporations Act with its registered office at 300 Sheppard Ave W, Unit 101-60, Toronto, ON M2N 1N5 ("Company," "we," "us," or "our"). The Terms govern your access to and use of Archetypes AI, our synthetic persona generation platform, the website located at getarchetypes.com and any related subdomains, applications and documentation (collectively, the "Services").
By checking the acceptance box, creating an account, or otherwise accessing or using the Services, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, do not use the Services.
1. Eligibility
1.1 Eligibility. You must be at least eighteen (18) years of age or the age of majority in your jurisdiction of residence, whichever is greater. By using the Services, you represent and warrant that (i) you meet this requirement; (ii) you have the legal capacity to enter into a binding contract with us; (iii) you are not prohibited from using the Services under applicable law, including the laws described in Section 14; and (iv) the information you provide to us is accurate and complete.
1.2 Business Customers. If you use the Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case "you" refers to that entity (a "Business Customer").
1.3 Consumers. If you use the Services primarily for personal, family or household purposes, you are a "Consumer." Section 9 grants Consumers additional rights that prevail over any conflicting provision of these Terms.
2. Accounts and Registration
When you create an account, you agree to:
- provide accurate, current and complete information, and promptly update it as needed;
- keep your account credentials confidential and not share them with any third party; and
- notify us promptly at edwin@getarchetypes.com of any unauthorized access to or use of your account.
You are responsible for all activities that occur under your account. A Business Customer may permit its employees and contractors to use the Services under its account ("Authorized Users"). Each Authorized User must have individual credentials, and the Business Customer is responsible for each Authorized User's compliance with these Terms.
3. Subscriptions, Payment and Refunds
3.1 Merchant of Record. Our order process is conducted by Stripe through its Link service ("Link"). Link is the merchant of record for all our orders: purchases are labelled "Sold through Link" at checkout and appear on your statement as "LINK.COM* ARCHETYPES". Link handles payment processing, billing, invoicing, taxes and payment-related support, and your purchase is also subject to the payment terms presented at checkout. We license the Services to you under these Terms.
3.2 Billing and Automatic Renewal. Paid subscriptions are billed in advance on the monthly or annual cycle selected at the time of purchase. Unless you cancel before the end of the then-current billing period, your subscription will automatically renew for the same period at the then-current rate, and you authorize Link to charge your payment method for each renewal. You may cancel at any time through your account settings or through your Link account at link.com. Cancellation takes effect at the end of the then-current billing period.
3.3 Price Changes. We will provide at least thirty (30) days' prior notice of any price increase applicable to your subscription. The new price takes effect at your first renewal following the notice period. If you do not agree to the new price, you may cancel before it takes effect.
3.4 Taxes. Prices may exclude applicable sales, use, value-added, goods and services or similar taxes, which Link will calculate and collect at checkout where required.
3.5 Refund Policy. You may request a full refund within thirty (30) days of any payment, for any reason, through Link support at support.link.com or by emailing edwin@getarchetypes.com. A refund terminates the paid access to which it relates. We and Link may decline requests that we reasonably determine to be fraudulent or abusive. This Section 3.5 is in addition to, and does not limit, any cancellation, withdrawal or refund rights you may have under applicable law, including the fourteen (14) day right of withdrawal available to consumers in the European Union and the United Kingdom.
3.6 Order Forms. A Business Customer may enter into a written order form with us for custom pricing, invoicing or terms (an "Order Form"). Each Order Form is incorporated into these Terms.
4. License and Acceptable Use
4.1 License to You. Subject to your compliance with 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 Services during your subscription term, for your internal business purposes if you are a Business Customer, or for your personal use if you are a Consumer. No other right or license is granted, whether by implication, estoppel or otherwise.
4.2 Acceptable Use. You agree not to, and not to permit any third party to:
- use the Services for any unlawful, harmful, fraudulent, infringing, defamatory or harassing purpose;
- upload, transmit or store any content that infringes or violates the intellectual property, privacy or publicity rights of any person, sexually exploits minors, promotes violence or hatred, or is otherwise unlawful;
- send unsolicited commercial communications (spam);
- transmit any virus, worm, malware or other harmful code, or probe, scan or test the vulnerability of the Services;
- bypass or attempt to bypass any security, access-control or usage-limit measure of the Services;
- use any robot, scraper, crawler or other automated means to access or extract data from the Services, except through interfaces we make available for that purpose;
- reverse engineer, decompile or disassemble the Services, except to the extent applicable law expressly permits despite this restriction;
- sell, resell, sublicense or otherwise make the Services available to any third party other than a Business Customer's Authorized Users;
- impersonate any person or misrepresent your affiliation with any person or entity; or
- use the Services to develop a competing product or service.
4.3 Availability and Modifications. We use commercially reasonable efforts to keep the Services available and secure, but we do not warrant that they will be uninterrupted or error-free. We may add, modify, suspend or discontinue any feature of the Services. If a modification materially reduces the core functionality of your paid plan, you may cancel and receive a pro-rata refund of prepaid fees for the unused portion of the then-current billing period. Features identified as beta or preview are provided "as is" and may be changed or discontinued at any time.
5. Customer Content
5.1 Ownership. You retain all right, title and interest in and to the data, content and materials that you or your Authorized Users submit to the Services ("Customer Content").
5.2 License to Us. You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, transmit and display Customer Content solely as necessary to provide, maintain, secure and support the Services and as otherwise directed by you. This license terminates upon deletion of the Customer Content from the Services.
5.3 Your Representations. You represent and warrant that (i) you own or have obtained all rights, licenses and consents necessary to submit Customer Content and to grant the license in Section 5.2; (ii) Customer Content does not infringe or violate the rights of any third party, including intellectual property, privacy or publicity rights; and (iii) Customer Content complies with these Terms and applicable law.
5.4 Personal Information. Our Privacy Policy describes how we collect and use personal information. Where a Business Customer submits personal information of other individuals, our Data Processing Addendum applies and is incorporated into these Terms by reference.
5.5 Usage Data. We may collect data regarding the use and performance of the Services ("Usage Data") and may create aggregated or de-identified data that does not identify you or any individual. We may use such data for any lawful purpose, including to operate and improve our services.
5.6 Export and Deletion. You may export Customer Content while your account is active and for thirty (30) days after its termination or expiration. Thereafter, we will delete Customer Content, except as required by applicable law. Backup copies are deleted on a rolling basis within ninety (90) days.
5.7 Feedback. If you submit suggestions, ideas or other feedback about the Services, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use that feedback for any purpose, without obligation to you.
5.8 AI Features. The Services include features that use artificial intelligence to generate content ("AI Features"). The content you submit to AI Features ("Inputs") and the content they generate for you ("Outputs") are Customer Content.
(a) Ownership of Outputs. As between you and us, and to the extent permitted by applicable law, you own the Outputs, and we assign to you any right, title and interest we may have in them. Outputs may not be protectable by intellectual property law, and Outputs generated for other users may be similar or identical to yours.
(b) Accuracy. Outputs may be inaccurate, incomplete, biased or offensive, and do not constitute legal, medical, financial or other professional advice. You are responsible for evaluating Outputs, including through human review, before relying on or sharing them, and for ensuring that your use of Outputs complies with applicable law.
(c) Prohibited AI Uses. In addition to Section 4.2, you will not use AI Features to: (i) generate content that sexualizes minors, or intimate imagery of any person without their consent; (ii) create content that impersonates a real person or depicts real persons or events in a deceptive manner; (iii) generate content that harasses, threatens or promotes hatred against any person or group; (iv) generate malware or content intended to facilitate unlawful activity; (v) collect or disclose personal information about individuals without a lawful basis; (vi) represent Outputs as human-generated where disclosure is required by law; or (vii) bypass or attempt to bypass any safety filter or usage limit of the AI Features.
(d) Third-Party Providers. AI Features rely on third-party service providers described in our Data Processing Addendum. We do not permit those providers to use Inputs or Outputs to train their models, and we do not use Inputs or Outputs to train artificial intelligence models without your consent.
(e) Moderation. We may, but are not obligated to, filter, block, review or remove Inputs and Outputs that we reasonably believe violate these Terms or applicable law. Rights holders may report infringing Outputs under Section 6.2.
6. Intellectual Property
6.1 Our Property. The Services and all software, documentation, text, graphics, logos and the "look and feel" of the Services, excluding Customer Content (collectively, the "Company Materials"), are owned by us or our licensors and are protected by Canadian and international copyright, trademark and other intellectual property laws. Our name, logo and related marks are trademarks of 18178160 CANADA INC. and may not be used without our prior written permission.
6.2 Infringement Notices. If you believe that any content on the Services infringes your copyright or other intellectual property rights, please send a notice to edwin@getarchetypes.com that includes (i) identification of the work claimed to be infringed; (ii) identification of the allegedly infringing material and its location on the Services; (iii) your contact information; and (iv) a statement that you have a good-faith belief that the use is not authorized and that the information in your notice is accurate. We may remove allegedly infringing content and terminate the accounts of repeat infringers.
7. Third-Party Services
The Services may contain links to, or integrations with, third-party websites, products or services that are not owned or controlled by us. We are not responsible for the content, policies or practices of any third-party services, and your use of them is subject to their own terms and privacy policies. By enabling an integration, you authorize us to exchange data with that third-party service as necessary to operate it.
8. Confidentiality
This Section 8 applies between us and Business Customers. Each party (the "Recipient") will hold in confidence all non-public information disclosed by the other party under these Terms ("Confidential Information"), use it only to perform its obligations or exercise its rights under these Terms, and protect it with at least reasonable care. These obligations do not apply to information that (i) is or becomes public through no fault of the Recipient; (ii) was known to the Recipient before disclosure; (iii) is independently developed by the Recipient; or (iv) is lawfully received from a third party without restriction. The Recipient may disclose Confidential Information where required by law, after giving prior notice to the other party where legally permitted. Customer Content is the Business Customer's Confidential Information.
9. Consumer Rights
If you are a Consumer, nothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or condition, that you have under the consumer protection laws of your jurisdiction of residence and that cannot lawfully be excluded, restricted or modified by contract. This includes, where applicable, statutory guarantees as to the quality of services and your right to commence or participate in a proceeding in court, including a class proceeding. Where any provision of these Terms conflicts with such laws, those laws prevail, and Sections 10 and 11 apply only to the extent permitted by them.
10. Disclaimers
SUBJECT TO SECTION 9, THE SERVICES AND ALL COMPANY MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OR CONDITION OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, ERROR-FREE OR SECURE. OUTPUTS ARE GENERATED BY ARTIFICIAL INTELLIGENCE AND MAY BE INACCURATE, INCOMPLETE OR OFFENSIVE, AND YOU USE THEM AT YOUR OWN RISK. YOU ARE RESPONSIBLE FOR MAINTAINING YOUR OWN COPIES OF CUSTOMER CONTENT.
11. Limitation of Liability
SUBJECT TO SECTION 9 AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:
11.1 Excluded Damages. IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL OR DATA, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING CONTRACT, TORT, NEGLIGENCE AND STRICT LIABILITY), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.2 Liability Cap. IN NO EVENT WILL EITHER PARTY'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU FOR THE SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, AND (B) ONE HUNDRED CANADIAN DOLLARS (CAD $100).
11.3 Exclusions. THE LIMITATIONS IN THIS SECTION 11 DO NOT APPLY TO (A) YOUR OBLIGATION TO PAY FEES; (B) A PARTY'S FRAUD, GROSS NEGLIGENCE OR WILFUL MISCONDUCT; (C) A BUSINESS CUSTOMER'S BREACH OF SECTION 4.2 OR ITS OBLIGATIONS UNDER SECTION 12; OR (D) ANY LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
12. Indemnification
This Section 12 applies to Business Customers. You will defend, indemnify and hold harmless us and our officers, directors, employees and agents from and against any third-party claim, and any resulting losses, damages, liabilities and reasonable legal fees, arising out of or relating to (i) Customer Content or (ii) your breach of Section 4.2. We will promptly notify you of the claim, grant you sole control of its defence and settlement, and provide reasonable cooperation at your expense. You may not settle any claim in a manner that admits fault on our behalf without our prior written consent.
13. Term and Termination
13.1 By You. You may stop using the Services and cancel your subscription at any time in accordance with Section 3.2.
13.2 By Us. We may suspend or terminate your access to the Services if (i) you materially breach these Terms; (ii) you fail to pay applicable fees; (iii) your use of the Services poses a security, legal or fraud risk to us or others; or (iv) we are required to do so by law. Where reasonably practicable, we will provide prior notice and an opportunity to cure.
13.3 Discontinuation. We may discontinue the Services or your plan upon thirty (30) days' notice, in which case we will refund any prepaid fees for the unused portion of the then-current billing period.
13.4 Effect of Termination. Upon termination or expiration, all licenses granted to you under these Terms terminate, and Section 5.6 governs the export and deletion of Customer Content. Sections 5, 6, 8, 10, 11, 12, 15 and 17, and any other provisions that by their nature should survive, will survive termination or expiration.
14. Sanctions and Export Controls
The Services are not offered in Ascension Island, China, Cuba, Iran, Kosovo, North Korea, Russia, Syria, Tristan da Cunha, or the Crimea, Donetsk or Luhansk regions of Ukraine. You represent and warrant that (i) you are not located in, organized under the laws of, or ordinarily resident in any country or region subject to comprehensive sanctions under Canadian law; and (ii) you are not listed on, or owned or controlled by any person listed on, any sanctions list maintained by Canada, the United Nations, the United States, the European Union or the United Kingdom. You will not use, export or re-export the Services in violation of applicable sanctions or export control laws. We may restrict access to the Services as necessary to comply with such laws.
15. Governing Law and Dispute Resolution
15.1 Governing Law. These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
15.2 Venue. The courts of the Province of Ontario, sitting in Toronto, have exclusive jurisdiction over any dispute between us and a Business Customer arising out of or relating to these Terms or the Services. If you are a Consumer, you may also bring proceedings in the courts of your jurisdiction of residence, and you retain the protection of any mandatory provisions of the laws of that jurisdiction.
15.3 Informal Resolution. Before commencing proceedings, we encourage you to contact us at edwin@getarchetypes.com so that we may attempt to resolve the dispute informally.
16. Changes to These Terms
We may revise these Terms from time to time. If we make material changes, we will notify you by email or through the Services at least thirty (30) days before they take effect, unless a shorter period is required by law or for security reasons. If you do not agree to the revised Terms, you may cancel before they take effect and receive a refund of any prepaid fees for the unused portion of the then-current billing period. Where applicable law requires your express consent to a change, we will request it. Otherwise, your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of them.
17. Miscellaneous
17.1 Entire Agreement. These Terms, together with any Order Form, the Data Processing Addendum and the Privacy Policy, constitute the entire agreement between you and us regarding the Services and supersede all prior agreements and understandings. In the event of conflict, an Order Form prevails to the extent it expressly so states, followed by the Data Processing Addendum with respect to personal information it governs, followed by these Terms.
17.2 Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions will remain in full force and effect.
17.3 No Waiver. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision.
17.4 Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization or sale of all or substantially all of our assets, upon notice to you.
17.5 Force Majeure. Neither party will be liable for any failure or delay in performance (other than payment obligations) caused by events beyond its reasonable control.
17.6 Relationship of the Parties. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship.
17.7 Notices. We may send notices to the email address associated with your account. Notices to us must be sent to edwin@getarchetypes.com, with a copy of any legal notice to our registered office.
17.8 Headings. Section headings are for convenience only and do not affect the interpretation of these Terms.
18. Contact Us
If you have any questions about these Terms, please contact:
18178160 CANADA INC.
Attn: Legal
300 Sheppard Ave W, Unit 101-60, Toronto, ON M2N 1N5
Email: edwin@getarchetypes.com