Terms of Use

These Terms of Use (the "Terms") form a binding legal agreement between you ("you," "your," or the "user") and David Bogdanov, a sole proprietor doing business as Archius ("Archius," "we," "us," or "our"), located at 12910 NE 43rd Cir, Vancouver, WA 98682, United States. These Terms govern your access to and use of the Archius mobile application (the "Application"), the website at https://archius.app, and any related services we provide (together, the "Service").

By downloading, installing, accessing, or using the Service, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the Service.

1. Agreement to Terms

By creating an account, downloading the Application, or otherwise accessing or using the Service in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms, together with any additional terms, policies, or guidelines we make available, including our Privacy Policy and Cookie Notice. These Terms apply to all visitors, users, subscribers, and others who access or use the Service.

If you are accepting these Terms on behalf of an organization, you represent that you have the authority to bind that organization. We may, in our sole discretion, refuse to provide the Service to anyone, at any time, for any lawful reason.

If any provision of these Terms conflicts with the rules or policies of the platform from which you obtained the Application (for example, Apple's App Store Terms of Service or the Google Play Developer Distribution Agreement), the platform's rules will control to the extent of the conflict and only with respect to your relationship with that platform.

2. Eligibility and Accounts

2.1 Age requirement

The Service is intended exclusively for adults. You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you are 18 years of age or older, that you have the legal capacity to enter into a binding contract, and that your use of the Service does not violate any applicable law or regulation. We do not knowingly collect information from, or direct the Service to, individuals under 18.

2.2 Account registration

You may be required to create an account to access certain features. When you create an account, you agree to: (a) provide accurate, current, and complete information; (b) maintain and promptly update your information; (c) maintain the security and confidentiality of your account credentials; (d) accept responsibility for all activities that occur under your account; and (e) notify us immediately at hello@archius.app of any unauthorized use of your account or any other suspected breach of security.

2.3 Account responsibility

You are solely responsible for all use of the Service under your account, whether or not authorized by you. We are not liable for any loss or damage arising from your failure to safeguard your credentials. You may not share, sell, transfer, or otherwise make your account available to any third party.

3. Description of the Service

Archius is an AI-powered assistant available as a mobile application on iOS and Android, and via the website at archius.app. The Service allows users to send messages, prompts, and images to underlying artificial intelligence models in order to receive generated text, code, explanations, summaries, translations, and similar outputs. The Service operates on a freemium model that includes a free tier with daily usage limits and an optional paid subscription known as "Archius Pro" that unlocks additional capacity and capabilities.

The Service relies on third-party artificial intelligence service providers to generate responses. These providers may change from time to time at our discretion. The features, capabilities, models, and limits of the Service may change without notice as the Service evolves. We do not guarantee continuous availability of any particular model, feature, response style, or capacity tier.

4. License to Use the Application

Subject to your compliance with these Terms, Archius grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Application on devices that you own or control, and to access and use the website and other components of the Service, solely for your own personal, non-commercial use. This license is the minimum necessary for you to use the Service as intended.

All rights not expressly granted to you in these Terms are reserved by Archius, its licensors, and its service providers. Except as expressly permitted in these Terms, you may not: (a) copy, modify, adapt, translate, or create derivative works of the Application or any component of the Service; (b) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make the Service available to any third party; (c) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying ideas, algorithms, or model weights of the Service; (d) remove, alter, or obscure any proprietary notices on the Service; or (e) use the Service in any manner that violates these Terms or applicable law.

5. Subscription, Billing, and Auto-Renewal

5.1 Archius Pro subscription

Archius Pro is an auto-renewing monthly subscription that provides access to expanded capabilities. The current subscription price is $12 USD per month. Subscription prices, features, and tiers may be updated from time to time; any change to a recurring price will be communicated to you in advance and will take effect on the following billing cycle unless you cancel before that date.

5.2 Billing through Apple or Google

All subscription purchases are processed exclusively through the in-app purchase systems of Apple (for iOS users) or Google (for Android users). Payment will be charged to your Apple ID or Google account at the time of purchase. Archius does not directly collect, process, or store any payment instrument information. We use RevenueCat as an intermediary solely for receipt validation and subscription-status management; RevenueCat does not handle the underlying card data.

5.3 Auto-renewal disclosure

Your Archius Pro subscription will automatically renew at the end of each billing period for the same subscription term, at the then-current renewal price, until you cancel it. To avoid being charged for the next renewal, you must cancel your subscription at least 24 hours before the end of the current billing period. Your account will be charged for renewal within 24 hours prior to the end of the current period. You can manage and cancel your subscription at any time by going to your account settings on the platform you used to subscribe:

• iOS / iPadOS: Settings > [your name] > Subscriptions, or via the App Store.
• Android: Google Play Store app > Profile > Payments & subscriptions > Subscriptions.

5.4 Taxes

Subscription prices are exclusive of taxes unless otherwise stated. Apple and Google will collect and remit any applicable sales, value-added, or similar taxes based on your billing address and applicable law.

5.5 Price changes

We reserve the right to modify subscription prices and the contents of paid tiers. If we change the price of a subscription you already have, we will notify you in advance and you will have the opportunity to cancel before the new price takes effect. Continued use of the subscription after the change takes effect constitutes acceptance of the new price.

6. Cancellation and Refunds

6.1 How to cancel

You may cancel your Archius Pro subscription at any time. Because subscriptions are processed exclusively through Apple or Google, only you can cancel your subscription — Archius cannot cancel it on your behalf. To cancel, follow the platform-specific steps in Section 5.3 above. When you cancel, you will retain access to Pro features through the end of the current paid period, after which your account will revert to the free tier.

6.2 Refunds

All refund requests are administered by the platform where you purchased the subscription. Because Archius does not collect payment from you directly, Archius does not process, grant, or issue refunds. To request a refund:

• Apple: Visit reportaproblem.apple.com and follow Apple's refund procedure.
• Google: Use the Google Play Store's refund flow under "Order history."

Refund decisions are made by Apple or Google in their sole discretion under their published policies. Except where required by applicable law (including consumer rights statutes that cannot be contractually waived), all subscription fees are non-refundable and non-pro-ratable.

7. Free Tier and Usage Limits

The Service includes a free tier intended for casual use. The free tier currently provides up to 50 messages per day. Archius Pro currently provides up to 500 messages per day on the fast model, 50 messages per day on the advanced model, and 25 image messages per day. These limits exist for fair use, abuse prevention, and to manage costs imposed by upstream AI providers, and may be changed from time to time. We will use reasonable efforts to communicate material reductions to paid-tier limits in advance.

Unused message allowances do not carry over from day to day. Any attempt to evade, multiply, share, or otherwise circumvent your message allowance (for example, by creating multiple accounts) is a violation of these Terms and may result in suspension or termination of your account.

8. User Content and License to Archius

8.1 Your content

The Service allows you to submit text, images, prompts, and other materials to the Service ("User Content"). You retain all ownership rights you have in your User Content. You are solely responsible for your User Content and for the consequences of submitting it.

8.2 License to Archius

By submitting User Content to the Service, you grant Archius a worldwide, non-exclusive, royalty-free, transferable, sublicensable (solely to our service providers) license to host, copy, transmit, process, display, store, and otherwise use that User Content solely as needed to: (a) operate, provide, maintain, and improve the Service; (b) transmit your content to third-party AI providers in order to generate responses; (c) detect, investigate, and prevent fraud, abuse, security incidents, and violations of these Terms; (d) comply with legal obligations; and (e) develop aggregated or de-identified data analytics that do not identify you or contain your personal data. This license is the minimum necessary to operate the Service and terminates when you delete the relevant User Content or your account, except for content already shared with third parties, retained for legal or backup purposes, or processed by AI providers under their own terms.

8.3 Representations regarding your content

You represent and warrant that: (a) you own or have the necessary rights and permissions to submit your User Content and to grant the license above; (b) your User Content does not infringe or violate any third-party intellectual property, privacy, publicity, contractual, or other rights; (c) your User Content does not violate any applicable law; and (d) you have obtained any required consents to include any third-party personal information in your User Content.

8.4 AI outputs

Subject to your compliance with these Terms and applicable law, and to the maximum extent permitted by applicable AI provider terms, Archius assigns to you whatever ownership rights it has, if any, in the AI-generated responses returned to you in response to your prompts ("Outputs"). You understand that (i) similar or identical Outputs may be generated for other users, and Outputs requested by other users are not considered your User Content; (ii) Outputs may not be protectable as your intellectual property under applicable law; and (iii) you remain solely responsible for any use you make of Outputs and any consequences of that use.

9. Acceptable Use and Prohibited Activities

You agree to use the Service only for lawful purposes and in accordance with these Terms. You expressly agree that you will not:

1. Use the Services to advertise or offer to sell goods and services.
2. Sell, share, or transfer your account or profile.
3. Generate content that violates applicable laws, including but not limited to content involving the sexual exploitation of minors (CSAM), incitement of violence, or material that infringes intellectual property rights.
4. Attempt to bypass, circumvent, or disable any rate limits, content filters, security measures, or technical restrictions of the Service.
5. Use the Services to develop, train, fine-tune, or improve any competing artificial intelligence model, machine learning system, or similar service. Outputs of the Service may not be used as training data for competing AI systems.
6. Use automated systems, bots, scripts, scrapers, or any non-human means to access the Services without our prior written permission.
7. Submit content you do not have the legal right to use, transmit, or distribute, including content protected by copyright, trademark, or other intellectual property rights belonging to third parties.
8. Use the Services to harass, threaten, defame, or harm any other person, group, or entity.
9. Attempt to identify or extract personal information about other individuals through the Services, including by prompting the AI to generate such information (doxing).
10. Use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with another user's use of the Services.
11. Misrepresent your identity, affiliations, or qualifications when using the Services.
12. Use the AI-generated outputs in any high-risk applications, including but not limited to medical diagnosis, legal advice, financial decisions, safety-critical systems, or autonomous decision-making, without independent verification by a qualified professional.
13. Attempt to reverse engineer, decompile, disassemble, or otherwise derive the source code, underlying ideas, or algorithms of the Services.
14. Use the Services to spam, phish, or distribute malware.

We reserve the right, but are not obligated, to investigate and take appropriate action against anyone who, in our sole discretion, violates this section, including removing offending content, suspending or terminating accounts, reporting users to law enforcement authorities, and pursuing other remedies available to us under applicable law.

10. AI-Generated Content Disclaimer

• AI-generated content may contain errors, inaccuracies, fabricated information, or so-called "hallucinations," and should not be relied upon as a sole source of truth.
• AI responses are generated based on patterns in training data and do not represent the opinions, statements, or factual claims of Archius or its operator.
• Archius does not warrant the accuracy, completeness, reliability, timeliness, or usefulness of any AI-generated content.
• You should independently verify factual claims, recommendations, code, or advice generated by the Service before relying on them, especially for medical, legal, financial, safety-critical, or professional decisions.
• The Service is provided for general informational and conversational purposes. It is not a substitute for professional advice from qualified experts, including but not limited to physicians, attorneys, accountants, financial advisors, or licensed engineers.
• You are solely responsible for any actions you take or refrain from taking based on AI-generated content from the Service, and for any consequences that follow.

By using the Service, you acknowledge the inherent limitations of artificial intelligence and accept full responsibility for evaluating Outputs before acting on them.

11. Third-Party Services

The Service depends on third-party providers and integrates with services that we do not control. Material third parties include:

• Apple App Store and Google Play — distribution, in-app purchase processing, and platform services.
• RevenueCat — receipt validation and subscription state management.
• DeepSeek (People's Republic of China) — the AI provider used to process text messages.
• Google AI Studio / Gemini API (United States) — the AI provider used to process image messages.
• Other infrastructure providers used to operate the Service, as described in our Privacy Policy.

Your use of any third-party service is also subject to that third party's own terms and privacy policies. You acknowledge that text prompts and images you submit to the Service will be transmitted to the applicable AI provider, that those providers may retain your content and may use your inputs to improve their own AI services, and that data processed by DeepSeek will be processed in the People's Republic of China. You should not submit information through the Service that you would not want potentially used by an AI provider to improve its models.

Archius is not responsible for the acts, omissions, content, products, or services of any third party. Any dealings you have with a third party, including any AI provider or platform store, are solely between you and that third party.

12. Apple App Store Additional Terms

The following terms apply to your use of the Application obtained from Apple's App Store (the "Apple Version"). They are in addition to, and not in place of, the rest of these Terms. In the event of a conflict between these Apple-specific terms and the rest of these Terms with respect to the Apple Version, the Apple-specific terms below will prevail.

• Acknowledgment. You acknowledge that these Terms are concluded between you and Archius, and not with Apple, and that Apple is not responsible for the Application or its content. Your use of the Application must comply with the App Store Terms of Service.
• Scope of License. The license granted to you for the Apple Version is limited to a non-transferable license to use the Application on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that the Application may also be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
• Maintenance and Support. Archius, and not Apple, is solely responsible for providing any maintenance and support services with respect to the Application, as specified in these Terms or as required under applicable law. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
• Warranty. Archius is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Application (if any) to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Archius's sole responsibility.
• Product Claims. Archius, not Apple, is responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Application's use of the HealthKit and HomeKit frameworks (if applicable).
• Intellectual Property Rights. In the event of any third-party claim that the Application or your possession and use of the Application infringes that third party's intellectual property rights, Archius, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
• Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• Developer Contact Information. Direct any questions, complaints, or claims with respect to the Application to: David Bogdanov, 12910 NE 43rd Cir, Vancouver, WA 98682, United States; hello@archius.app.
• Third-Party Terms of Agreement. You must comply with applicable third-party terms of agreement when using the Application.
• Third-Party Beneficiary. You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms as they relate to your license of the Apple Version, and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

13. Google Play Additional Terms

The following terms apply to your use of the Application obtained from the Google Play Store (the "Google Version"). They are in addition to, and not in place of, the rest of these Terms.

• Compliance with Google Terms. You acknowledge that the Google Play Store Terms of Service and the Google Play Developer Distribution Agreement apply to your use of the Google Version, and that Google's policies will govern your relationship with Google in connection with the Application.
• Acknowledgment. You acknowledge that these Terms are between you and Archius only, and not with Google. Archius, and not Google, is solely responsible for the Application and the Service.
• Google Has No Obligation. Google has no obligation to furnish maintenance and support services for the Google Version.
• Third-Party Beneficiary. You acknowledge that Google is a third-party beneficiary of these Terms as they apply to your use of the Google Version, and that Google will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
• Export Compliance. You agree to comply with all applicable U.S. and foreign export control laws and trade sanctions, and you represent that you are not located in, and are not a resident of, a jurisdiction subject to comprehensive U.S. sanctions.

14. Intellectual Property

The Service, including the Application, the website, all related software, models, designs, text, graphics, logos, icons, audio, video, code, and other materials (collectively, the "Archius Materials"), and all intellectual property rights therein, are and will remain the exclusive property of Archius and its licensors. The Archius name, the Archius logo, and all related marks are trademarks of David Bogdanov. Nothing in these Terms grants you any right, title, or interest in or to the Archius Materials, other than the limited license expressly granted in Section 4.

You may not use any Archius trademark, logo, or trade dress without our prior written consent. All goodwill arising from your use of the Service inures to Archius. Any feedback, suggestions, or ideas you submit about the Service are non-confidential and may be used by Archius for any purpose without compensation or attribution to you.

14.1 Copyright complaints (DMCA)

If you believe that material accessible on or from the Service infringes your copyright, you may request removal by sending a notice to hello@archius.app containing the information required by 17 U.S.C. § 512(c)(3), including: (i) identification of the copyrighted work; (ii) identification of the allegedly infringing material; (iii) your contact information; (iv) a statement of good-faith belief that the use is not authorized; (v) a statement, under penalty of perjury, that the information is accurate and that you are the owner or authorized to act on the owner's behalf; and (vi) your physical or electronic signature. Misrepresentations may subject you to liability under 17 U.S.C. § 512(f).

15. Privacy

Our collection, use, and disclosure of personal information in connection with the Service is described in our Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy includes information about how AI inputs are transmitted to third-party providers, your rights under U.S. state privacy laws (including CCPA and similar laws in Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Kentucky, Maryland, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Rhode Island, Tennessee, Texas, Utah, and Virginia), and how to exercise those rights. By using the Service, you consent to the collection and use of information as described in the Privacy Policy.

16. Termination and Suspension

16.1 Termination by you

You may stop using the Service and terminate these Terms at any time by deleting your account through the in-app account-settings flow. If you have an active subscription, you must also cancel that subscription through Apple or Google as described in Section 6.1; deleting your account does not by itself cancel a recurring subscription.

16.2 Suspension or termination by Archius

We may suspend or terminate your access to the Service, in whole or in part, at any time, with or without notice, if we reasonably determine that you have violated these Terms, if your account has been involved in fraudulent, abusive, or unlawful activity, if a third-party service provider requires us to do so, or if we are required to do so by law. Where reasonably practicable, we will give you notice and an opportunity to cure non-egregious violations before terminating your account.

16.3 Effect of termination

Upon termination, your right to use the Service ends immediately. Sections that by their nature should survive termination (including Sections 4 (License — restrictions and reservations), 8 (User Content license), 10 (AI Disclaimer), 14 (Intellectual Property), 17 (Modifications), 18 (Warranties), 19 (Limitation of Liability), 20 (Indemnification), 21 (Dispute Resolution), 22 (Governing Law), 23 (Statute of Limitations), 24 (Miscellaneous), and 25 (Contact)) will survive.

17. Modifications to the Service and Terms

17.1 Service changes

We are continuously improving the Service. We may add, remove, modify, suspend, or discontinue features, models, capabilities, or any part of the Service at any time, with or without notice. We are not liable for any modification, suspension, or discontinuation of the Service. Where commercially reasonable, we will use email or in-app notifications to inform paid subscribers of material reductions in paid functionality before they take effect.

17.2 Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will notify you at least 30 days in advance before the changes take effect, by email (to the address associated with your account) or by prominent in-app or website notice. The updated Terms will indicate a new "Effective" date at the top. If you do not agree to the changes, your remedy is to stop using the Service and cancel any subscription before the changes take effect. Your continued use of the Service after the effective date of the updated Terms constitutes your acceptance of those Terms.

18. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, INCLUDING ALL CONTENT AND OUTPUTS, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. ARCHIUS, ITS LICENSORS, AND ITS SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.

WITHOUT LIMITING THE FOREGOING, ARCHIUS MAKES NO WARRANTY THAT: (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) ANY OUTPUT WILL BE ACCURATE, RELIABLE, OR FIT FOR ANY PARTICULAR PURPOSE; (d) DEFECTS WILL BE CORRECTED; OR (e) THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL OBTAINED THROUGH USE OF THE SERVICE IS OBTAINED AT YOUR OWN DISCRETION AND RISK.

Some jurisdictions do not allow the exclusion of certain implied warranties. To the extent any such warranty cannot be disclaimed under applicable law, it is limited in duration to the minimum period required by law.

19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ARCHIUS, ITS OPERATOR, AFFILIATES, LICENSORS, SUPPLIERS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, BUSINESS OPPORTUNITY, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE, OR ANY OUTPUTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ARCHIUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY EVENT, ARCHIUS'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE LESSER OF (A) ONE HUNDRED U.S. DOLLARS ($100 USD), OR (B) THE TOTAL AMOUNT YOU ACTUALLY PAID TO ARCHIUS FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

The limitations in this Section 19 do not apply to liability that cannot be limited under applicable law, including liability for gross negligence, willful misconduct, fraud, fraudulent misrepresentation, personal injury or death caused by Archius's negligence, or for violations of non-waivable statutory rights. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you in full; in those cases, the limitations apply to the maximum extent permitted by applicable law.

You acknowledge that the limitations of liability and the disclaimers of warranties in these Terms are essential elements of the bargain between you and Archius, and that Archius would not provide the Service to you on commercially reasonable terms without them.

20. Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Archius and its operator, affiliates, licensors, service providers, officers, directors, employees, contractors, and agents (each, an "Indemnified Party") from and against any and all claims, demands, actions, losses, liabilities, damages, judgments, awards, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your access to or use of the Service; (b) your User Content; (c) your violation of these Terms; (d) your violation of any applicable law or regulation; (e) your infringement or misappropriation of the rights of any third party (including intellectual property rights, privacy rights, and publicity rights); and (f) your negligent or willful misconduct.

Archius reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Archius in asserting any available defenses. You may not settle any claim that affects an Indemnified Party without that party's prior written consent.

21. Dispute Resolution and Binding Arbitration

21.1 Informal negotiation (required first step)

Before initiating any arbitration or court proceeding, you and Archius agree to first try to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Service ("Dispute") through good-faith informal negotiation. You must send a written notice of the Dispute (a "Notice of Dispute") to Archius at hello@archius.app (with a copy by mail to David Bogdanov, 12910 NE 43rd Cir, Vancouver, WA 98682, United States). The Notice must describe the nature and basis of the Dispute and the specific relief sought. The parties will negotiate in good faith for at least thirty (30) days after the Notice is received before either party may commence arbitration. The statute of limitations and any contractual limitations period (including Section 23 below) are tolled during this 30-day informal negotiation period.

21.2 Binding arbitration

If the Dispute is not resolved through informal negotiation, then, except for the carve-outs in Section 21.4, you and Archius agree that the Dispute will be resolved exclusively by final and binding individual arbitration, administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules as in effect at the time of the demand. The AAA Rules are available at www.adr.org.

The arbitration will be conducted by a single arbitrator. The seat (legal place) of the arbitration will be Clark County, Washington, United States. Unless the parties agree otherwise, the arbitrator will conduct hearings remotely or by telephone where the amount in controversy is below the AAA's in-person threshold, and otherwise in a manner the arbitrator determines is most efficient. Judgment on the arbitrator's award may be entered in any court of competent jurisdiction. This arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq.

The arbitrator, and not any federal, state, or local court or agency, has exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or part of it is void or voidable; provided, however, that questions of arbitrability of class, collective, or representative claims, and the enforceability of the class action waiver in Section 21.3, must be resolved by a court of competent jurisdiction.

21.3 Class action and jury trial waiver

YOU AND ARCHIUS EACH AGREE THAT ANY ARBITRATION OR PROCEEDING WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate the claims of more than one person, and may not preside over any class, collective, mass, or representative proceeding. YOU AND ARCHIUS EACH WAIVE THE RIGHT TO A TRIAL BY JURY. If this paragraph is held unenforceable as to a particular claim, then that claim (and only that claim) will be severed from the arbitration agreement and brought in the courts identified in Section 22, but the remainder of this Section 21 will continue to apply.

21.4 Exceptions to arbitration

Notwithstanding the foregoing, either party may: (a) bring an individual action in a small claims court of competent jurisdiction in lieu of arbitration, so long as the action remains in that court, is brought only in an individual capacity, and is within the jurisdictional limits of that court; and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent or stop the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights.

21.5 30-day right to opt out of arbitration

You may opt out of the arbitration agreement in this Section 21 (including the class action waiver) by emailing a clear written opt-out notice to hello@archius.app with the subject line "Arbitration Opt-Out," within thirty (30) days after the date you first accept these Terms. Your opt-out notice must include your full name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. Opting out of arbitration will not affect any other provision of these Terms. If you opt out, neither you nor Archius will be entitled to require the other to arbitrate.

21.6 Arbitration fees

Payment of all filing, administration, and arbitrator fees will be governed by the AAA Consumer Arbitration Rules, except that Archius will pay (or reimburse you for) any portion of those fees that the arbitrator or the AAA determines is excessive compared to the fees in a court action, in order to ensure that this arbitration agreement remains enforceable under applicable U.S. case law (including the line of cases following AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (2011)). Each party will otherwise bear its own attorneys' fees and costs, except where the arbitrator awards them under applicable law.

21.7 Confidentiality

The arbitration proceedings, all submissions, and the arbitrator's award will be confidential to the maximum extent permitted by law, except as necessary to enforce, challenge, or implement the award, to seek interim relief in court, or to comply with applicable law.

21.8 Severability of arbitration provisions

If any provision of this Section 21 is found unenforceable, that provision will be severed and the remaining provisions will continue in full force, except that if the class action waiver in Section 21.3 is found unenforceable, this entire Section 21 will be null and void as to the affected claim, and Section 22 will govern.

22. Governing Law and Venue

These Terms, and any Dispute arising out of or relating to these Terms or the Service, are governed by the laws of the State of Washington, United States of America, and the applicable federal laws of the United States, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

For any Dispute not subject to arbitration under Section 21, or for which arbitration has been validly waived or opted out of, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Clark County, Washington, United States. Each party waives any objection to such jurisdiction or venue based on inconvenient forum or otherwise. Nothing in this Section limits a consumer's mandatory rights under the laws of the consumer's place of residence to the extent those rights cannot be waived by contract.

23. Statute of Limitations

To the extent permitted by applicable law, any claim or cause of action arising out of or relating to these Terms or the Service must be commenced within one (1) year after the cause of action accrues; otherwise, the claim is permanently barred. The parties intend this contractual limitations period to operate as a shortening of any longer statutory limitations period, except where applicable law expressly prohibits such shortening, in which case the shortest period permitted by applicable law will apply.

24. Miscellaneous

24.1 Severability

If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or, if it cannot be modified, severed from these Terms, and the remaining provisions will continue in full force and effect.

24.2 Entire Agreement

These Terms, together with the Privacy Policy and any other policies or notices incorporated by reference, constitute the entire agreement between you and Archius with respect to the Service and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written, with respect to the Service.

24.3 Assignment

You may not assign, transfer, or delegate these Terms or any rights or obligations under them, in whole or in part, by operation of law or otherwise, without our prior written consent. Any attempted assignment without that consent is void. Archius may assign, transfer, or delegate these Terms or any of its rights and obligations, in whole or in part, without restriction and without notice to you. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties and their permitted successors and assigns.

24.4 Waiver

No failure or delay by Archius to exercise any right or remedy under these Terms will operate as a waiver of that right or remedy. No waiver of any provision will be effective unless made in a writing signed by Archius.

24.5 Force Majeure

Archius will not be liable for any failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, fire, flood, earthquake, severe weather, war, terrorism, civil unrest, government action, labor disputes, epidemics or pandemics, internet or telecommunications failures, outages affecting third-party AI providers or platform stores, denial-of-service attacks, or other similar events.

24.6 Notices

You may send legal notices to Archius at hello@archius.app with a copy by mail to: David Bogdanov, 12910 NE 43rd Cir, Vancouver, WA 98682, United States. Notices to you may be provided by email to the address associated with your account, by in-app notification, or by posting to the Service, and will be deemed received when sent or posted.

24.7 Headings

Section headings are for convenience of reference only and do not affect the interpretation of these Terms.

24.8 Relationship of the parties

You and Archius are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, employment, or fiduciary relationship between the parties.

24.9 No third-party beneficiaries

Except as expressly set out in these Terms (including the rights of Apple and Google as described in Sections 12 and 13), there are no third-party beneficiaries under these Terms.

24.10 Survival

The provisions of these Terms that by their nature should survive termination will survive, including without limitation Sections 4, 8, 10, 14, 17, 18, 19, 20, 21, 22, 23, 24, and 25.

24.11 Interpretation

The words "include," "includes," and "including" are deemed to be followed by the words "without limitation." Singular terms include the plural and vice versa. References to laws include any successor laws and any rules and regulations promulgated under those laws.

25. Contact Information

If you have any questions, concerns, or notices regarding these Terms or the Service, please contact us:

Archius (David Bogdanov, sole proprietor)
12910 NE 43rd Cir
Vancouver, WA 98682
United States

General inquiries: hello@archius.app
Privacy and data requests: privacy@archius.app
Website: https://archius.app

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Thank you for using Archius. These Terms were last updated on May 19, 2026.