ARC Intelligence – Terms of Service

Last Updated: May 2026

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and ARC Intelligence ("ARC Intelligence," "we," "us," or "our"). By accessing or using the ARC Intelligence platform — including the ARC Intelligence mobile application, website, APIs, and all related services (collectively, the "Service") — you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you do not agree to these Terms, you must not access or use the Service. Your continued use of the Service following the posting of any modifications to these Terms constitutes your acceptance of those modifications.

2. Eligibility

You must be at least 13 years old to create an account or use ARC Intelligence. If you are under the age of majority in your jurisdiction (typically 18), you represent that your parent or legal guardian has reviewed and consented to these Terms on your behalf, and that they agree to be responsible for your use of the Service. We may require verification of parental or guardian consent at any time; see our Privacy Policy (Appendix D) for details.

Coaches, contributors, and any individuals who submit content, insights, or instructional material through the platform must be at least 18 years of age. By registering as a coach or contributor, you represent and warrant that you meet this age requirement.

By using the Service, you represent and warrant that you have the legal capacity to enter into a binding agreement and that your use of the Service will not violate any applicable law or regulation in your jurisdiction.

3. Description of the Service

ARC Intelligence is a sports performance, coaching, and educational technology platform. The Service provides:

• Biomechanical Video Analysis — AI-powered analysis of user-submitted video to generate performance insights and movement assessments.
• AI-Generated Performance Insights — Automated feedback and recommendations based on biomechanical data, video analysis, and structured coaching frameworks.
• Structured Coaching Feedback — Curated and contributor-submitted coaching insights, drills, and educational content delivered through the platform.
• Contributor Content Ecosystem — A system enabling qualified contributors to submit insights, coaching content, and performance observations that are made available to platform users.
• Jobs Infrastructure — Tools connecting athletes, coaches, and sports professionals with relevant jobs.
• Subscription-Based Premium Features — Enhanced capabilities, analysis depth, and content access available through paid subscription tiers.

Currently, Tennis is the only sport with full analysis capabilities on the platform. Other sports are available for profile creation, interest indication, and early access registration. ARC Intelligence may expand sport coverage at its discretion and without prior notice.

4. Accounts and Security

To access certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete. You are solely responsible for safeguarding the credentials associated with your account and for all activity that occurs under your account.

You agree to notify us immediately at hello@arcintelligence.online if you become aware of any unauthorized use of your account or any other breach of security. ARC Intelligence will not be liable for any loss or damage arising from your failure to maintain the confidentiality of your account credentials.

You may not share, transfer, or sell access to your account. Each account is personal to the individual who registered it. ARC Intelligence reserves the right to disable or remove any account that we reasonably believe violates these Terms.

5. AI and Analysis Disclaimer

ARC Intelligence provides coaching, performance, and educational software only. The Service is designed to deliver informational and educational tools to support athletic training and performance development. You expressly acknowledge and agree to the following:

• ARC Intelligence is not medical software, diagnostic software, injury diagnosis software, or a healthcare provider.
• AI-generated analysis, performance insights, movement assessments, and all other outputs produced by the Service are provided for informational and educational purposes only.
• No content, analysis, or output from the Service constitutes medical advice, diagnosis, treatment, or a substitute for qualified professional coaching or medical consultation.
• ARC Intelligence does not guarantee the accuracy, completeness, or reliability of any AI-generated analysis or insight. All outputs are probabilistic assessments that may contain errors.
• You are solely responsible for your own training decisions and physical safety. You should consult qualified medical and coaching professionals before making decisions about your training, health, or physical activity based on any information provided by the Service.
• ARC Intelligence does not guarantee injury prevention. Participation in any sport or physical activity carries inherent risk, and the Service does not eliminate or reduce that risk.

6. User Content License

The Service allows you to upload, submit, post, and share content, including but not limited to video recordings, photographs, text, profile information, and other materials ("User Content"). You retain ownership of your User Content, subject to the license granted below.

By submitting User Content to the Service, you grant ARC Intelligence a perpetual, worldwide, royalty-free, sublicensable, transferable license to use, store, display, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and otherwise exploit your User Content in connection with the operation, improvement, promotion, and development of the Service and related services. This license persists even if you delete your account or specific content, to the extent that the content has been incorporated into aggregated datasets, platform improvements, or derivative works.

You represent and warrant that you own or have the necessary rights and permissions to submit your User Content, and that your User Content does not infringe or violate the intellectual property rights, privacy rights, or any other rights of any third party.

6.1 Content Types

User Content on ARC Intelligence includes the following categories:

• Athlete Content — Videos and images uploaded by athletes for biomechanical analysis. This content is processed by ARC Intelligence's analysis systems and may be stored in secure cloud infrastructure.
• Contributor Content — Coaching insights, skill area analyses, annotations, and feedback submitted through the ARC Intelligence Incubator by approved coaches and contributors. Additionally governed by the Contributor Licensing Agreement.
• Profile Content — Information provided in user profiles, including names, bios, sport preferences, and professional information.
• Employer Content — Job postings, organizational descriptions, and hiring-related content submitted by employer accounts. Additionally governed by Section 12A of these Terms.
• Communication Content — Messages exchanged through the Incubator submission feedback system between contributors and moderators.

6.2 No Open Messaging

ARC Intelligence does not provide open user-to-user messaging, chat rooms, forums, or social feeds. All communication occurs through structured, submission-scoped feedback channels within the Incubator moderation system. This is by design and reflects ARC Intelligence's focus on structured coaching expertise rather than social networking.

6.3 Third-Party Rights in User Content

If you upload content featuring other individuals (e.g., athletes in video footage), you represent that you have obtained any necessary permissions or consents from those individuals, or that you are otherwise legally authorized to share that content. ARC Intelligence is not responsible for verifying third-party consents.

6.4 AI Processing of User Content

User-uploaded content may be processed by AI and biomechanics systems, including on-device processing (CoreML/Vision) and secure cloud-based processing. By uploading content to the Service, you consent to such processing. See our AI, Biomechanics & Coaching Disclaimer for details on how content is processed, stored, and used for platform improvement.

7. Contributor Content and Licensing

Contributors who submit coaching insights, educational content, drills, performance observations, and related materials through the platform do so pursuant to the separate Contributor Licensing Agreement ("CLA"), which governs the rights and obligations associated with contributor-submitted content.

Contributors retain ownership of their submitted content but grant ARC Intelligence a perpetual, irrevocable, worldwide, transferable, sublicensable, royalty-free license to use, reproduce, modify, adapt, display, distribute, create derivative works from, and otherwise exploit contributor content in connection with the Service. The full terms of this license are set forth in the Contributor Licensing Agreement.

Contributors and coaches who use the platform are independent third-party users, not employees, agents, or representatives of ARC Intelligence. ARC Intelligence does not supervise, direct, or control contributor or coaching activities. No employment, partnership, joint venture, or agency relationship is created between ARC Intelligence and any contributor or coach by virtue of their use of the Service.

Contributor insight submissions do not involve direct payment from ARC Intelligence. Contributors may earn referral revenue through Stripe-based referral systems as described in Section 9A of these Terms. ARC Intelligence does not guarantee any minimum level of earnings or referral activity.

8. Intellectual Property

The Service and its original content, features, and functionality — including but not limited to ARC Intelligence proprietary datasets, biomechanics frameworks, structured insight systems, tagging taxonomies, MovementNet technology, platform infrastructure, software, algorithms, user interface designs, trademarks, logos, and documentation — are and shall remain the exclusive property of ARC Intelligence and its licensors. These are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not, without the prior written consent of ARC Intelligence:

• Copy, modify, or create derivative works based on the Service or any part thereof.
• Reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying algorithms of the Service.
• Extract, scrape, harvest, or systematically collect AI outputs, analysis results, or platform data.
• Resell, redistribute, license, or commercially exploit AI outputs, analysis results, or any data obtained from the Service.
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices from the Service.

8A. Copyright Notices & DMCA

ARC Intelligence respects the intellectual property rights of others and expects users to do the same. We respond to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws.

DMCA Takedown Notices

If you believe that content on ARC Intelligence infringes your copyright, you may submit a DMCA takedown notice. Your notice must include all of the following:

1. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
2. Identification of the copyrighted work claimed to have been infringed.
3. Identification of the material that is claimed to be infringing, with sufficient detail to allow ARC Intelligence to locate it on the platform.
4. Your contact information, including name, address, telephone number, and email address.
5. A statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law.
6. A statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Send DMCA notices to: hello@arcintelligence.online with the subject line "DMCA Takedown Notice."

Counter-Notification

If you believe your content was removed in error or that you have authorization to use the material, you may submit a counter-notification. Your counter-notification must include:

1. Your physical or electronic signature.
2. Identification of the material that has been removed and the location where it appeared before removal.
3. A statement under penalty of perjury that you have a good faith belief that the material was removed as a result of mistake or misidentification.
4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal court in your district (or Delaware if outside the United States) and that you will accept service of process from the person who submitted the takedown notice.

Repeat Infringer Policy

ARC Intelligence maintains a policy of terminating the accounts of users who are determined to be repeat infringers of third-party copyright. ARC Intelligence reserves the right to remove content and/or terminate accounts at its sole discretion, including in cases where a user has received multiple takedown notices.

AI-Generated Outputs

Analysis results, performance scores, coaching insights, and other outputs generated by ARC Intelligence's AI and biomechanics systems are produced by automated processing and do not constitute independently copyrightable works of authorship. ARC Intelligence retains rights to its analytical outputs, platform data, and system-generated content.

9. Payment Terms

ARC Intelligence offers subscription-based premium features. Payment is processed exclusively through the following third-party payment platforms:

• Apple App Store (StoreKit 2) — For subscriptions initiated through the ARC Intelligence iOS application. All billing, renewal, and cancellation for App Store subscriptions are managed through your Apple ID account settings and are subject to Apple's terms and policies.
• Stripe — For subscriptions initiated through the ARC Intelligence web platform. All billing, renewal, and cancellation for web subscriptions are managed through Stripe and are subject to Stripe's terms of service.

ARC Intelligence does not process payments directly. All payment processing, including the collection and storage of payment credentials, is handled exclusively by Apple or Stripe, as applicable.

Subscriptions are billed on a recurring basis at the interval selected at the time of purchase (e.g., monthly or annually). You authorize the applicable payment platform to charge your designated payment method at each renewal period until you cancel. Cancellation of a subscription may be performed through the respective platform (Apple Account Settings or Stripe billing portal). Cancellation takes effect at the end of the current billing period; you will retain access to premium features until that date.

Refunds are governed by the policies of the applicable payment platform. Please review our Refund Policy and the refund policies of Apple and Stripe for details.

9A. Referral Program

Eligibility

The ARC Intelligence Referral Program is available to coaches and contributors with active ARC Intelligence accounts who have been issued a referral code by ARC Intelligence. The referral program is not available to users under the age of 18. ARC Intelligence reserves the right to limit referral program eligibility at its discretion.

Referral Mechanics

• Eligible users receive a unique referral code.
• When a new user signs up using a referral code and subsequently purchases a paid subscription, the referrer may earn a revenue share.
• Referral attribution is based on the referral code or link used at signup. A referral is attributed to one referrer only — the first valid referral code used during account creation.
• Self-referrals (referring your own accounts) are prohibited.

Revenue Share

Referrers may receive a 5% revenue share from subscription payments made by referred users who subscribe using their referral code. The revenue share is calculated on the net subscription amount received by ARC Intelligence (after payment processor fees and applicable taxes).

Revenue share terms, percentages, and structures are subject to change. ARC Intelligence reserves the right to modify the revenue share rate with reasonable notice. Changes do not apply retroactively to already-earned commissions.

Payout

Referral earnings are tracked within the ARC Intelligence platform. Payouts are processed through Stripe and are subject to:

• Minimum payout thresholds (as displayed in the platform).
• Verification of referrer identity and payment information.
• Applicable tax withholding and reporting requirements.

ARC Intelligence does not guarantee specific payout timing. Payouts may be delayed due to verification, dispute resolution, or operational requirements. Referral earnings are not guaranteed until a payout has been successfully processed.

Tax Responsibility

Referral earnings constitute taxable income. Referrers are solely responsible for reporting and paying all applicable taxes on their referral earnings. ARC Intelligence may be required to issue tax forms (e.g., IRS Form 1099) to referrers who exceed applicable reporting thresholds. ARC Intelligence is not a tax advisor and does not provide tax guidance.

Relationship

Participation in the referral program does not create an employment, agency, partnership, or joint venture relationship between the referrer and ARC Intelligence. Referrers are independent platform users. Referral earnings do not constitute wages or employment compensation.

Prohibited Referral Conduct

The following are grounds for immediate removal from the referral program and forfeiture of unpaid earnings:

• Fraudulent referrals (fake accounts, self-referrals, bot-generated signups).
• Spam or unsolicited mass distribution of referral codes.
• Misrepresentation of the ARC Intelligence platform or referral benefits.
• Manipulation of referral tracking or attribution systems.
• Violation of these Terms of Service.

Referrers must share referral codes and links honestly and transparently, must not use deceptive practices to distribute codes, and must disclose the referral relationship where required by applicable advertising or disclosure laws.

Program Modification & Termination

ARC Intelligence may modify, suspend, or discontinue the referral program at any time, with or without notice. Upon program termination, earned and verified commissions that meet payout thresholds will be paid out. Pending or unverified commissions may be forfeited. No new referrals will be tracked or compensated after termination.

Disputes

Disputes regarding referral attribution, commission calculations, or program eligibility will be resolved by ARC Intelligence at its sole discretion. ARC Intelligence's determination of referral validity and commission amounts is final.

10. Prohibited Conduct

You agree not to engage in any of the following prohibited activities while using the Service:

• Illegal Activity — Using the Service for any purpose that is unlawful or prohibited by these Terms, or that violates any applicable local, state, national, or international law or regulation.
• Harassment and Abuse — Engaging in conduct that is abusive, threatening, harassing, defamatory, obscene, or otherwise objectionable toward other users, ARC Intelligence staff, or any third party.
• Impersonation — Misrepresenting your identity, credentials, affiliations, or qualifications, including impersonating another person, coach, athlete, or entity.
• Unauthorized Access — Attempting to gain unauthorized access to the Service, other user accounts, computer systems, or networks connected to the Service through hacking, password mining, or any other means.
• Scraping and Data Extraction — Using automated means, including bots, crawlers, scrapers, or spiders, to access, collect, or extract data from the Service without prior written consent from ARC Intelligence.
• Service Interference — Interfering with, disrupting, or imposing an unreasonable or disproportionately large load on the Service's infrastructure, or transmitting viruses, malware, or other harmful code.
• Harmful Content — Submitting content that is fraudulent, misleading, sexually explicit, violent, discriminatory, or that promotes illegal activity or harm to any individual or group.
• Betting and Gambling — Using any analysis, insight, output, or data obtained from the Service for the purposes of sports betting, gambling, wagering, or any related activity.

ARC Intelligence reserves the right to investigate and take appropriate action against any user who, in ARC Intelligence's sole discretion, violates this section, including removal of content, suspension or termination of accounts, and referral to law enforcement authorities where appropriate.

11. Account Termination

Termination by ARC Intelligence. ARC Intelligence reserves the right to suspend or terminate your account, restrict your access to the Service, or remove your content at any time, with or without notice, for conduct that ARC Intelligence believes violates these Terms, is harmful to other users or the Service, or for any other reason at ARC Intelligence's sole discretion.

Termination by You. You may delete your account at any time through the in-app account settings. Upon account deletion:

• Your frontend access to the Service will be removed.
• Identifiable account data will be removed or deactivated in accordance with our Privacy Policy.
• Certain data may be retained as permitted by law, including de-identified data, aggregated data, moderation records, security logs, backup archives, analytics data, contributor content, and data necessary for system integrity, legal compliance, or fraud prevention.

Active subscriptions should be cancelled through the applicable payment platform (Apple or Stripe) prior to or concurrent with account deletion. Account deletion does not automatically cancel active subscriptions or entitle you to a refund for any remaining subscription period.

12. Third-Party Services

The Service integrates with and relies upon third-party services, platforms, and providers, including but not limited to Apple (App Store, StoreKit 2), Stripe, Supabase, and various AI and machine learning service providers. Your use of the Service may be subject to the terms, conditions, and privacy policies of these third-party providers in addition to these Terms.

ARC Intelligence is not responsible or liable for the availability, accuracy, content, or policies of any third-party service. ARC Intelligence does not endorse and is not liable for any damage, loss, or harm arising from your use of or reliance on any third-party service. Third-party service interruptions, outages, or changes may affect the availability or functionality of the Service, and ARC Intelligence shall not be liable for any such disruptions.

12A. Employer & Job Board Features

Nature of the Service

ARC Intelligence provides infrastructure for job discovery. ARC Intelligence is a technology platform that connects employers with coaches who have demonstrated expertise through structured contributions. ARC Intelligence is an infrastructure layer — not a staffing agency, employment agency, recruiter, or completed marketplace.

ARC Intelligence does not guarantee any number of applicants, hires, or matches. ARC Intelligence does not verify the identity, credentials, or background of applicants beyond what is disclosed on their profiles. ARC Intelligence does not make hiring recommendations or employment decisions. ARC Intelligence does not act as an employer of record, staffing agency, or co-employer. ARC Intelligence does not provide background checks, reference checks, or credential verification services.

Employer Account Requirements

Employers must:

• Be at least 18 years old and authorized to represent their organization.
• Provide accurate company information, including company name, type, and contact details.
• Post only legitimate jobs with accurate descriptions, requirements, and compensation information.
• Comply with all applicable employment laws, anti-discrimination laws, and hiring regulations.

Job Posting Standards

Job postings on ARC Intelligence must:

• Describe real coaching, training, or sports-related positions.
• Include accurate information about the role, location, compensation, and requirements.
• Comply with all applicable equal opportunity employment laws.
• Not discriminate on the basis of race, gender, age, religion, disability, sexual orientation, national origin, or any other protected characteristic.
• Not be misleading, fraudulent, or deceptive.

ARC Intelligence reserves the right to review, edit, or remove job postings that do not meet these standards.

Application Visibility

ARC Intelligence uses a structured application visibility system:

• Applications from coaches who have contributed approved Incubator insights are visible to employers immediately.
• Applications from other coaches become visible to employers after a short review period (currently 7 days).

This system is designed to surface demonstrated coaching expertise. It does not constitute a recommendation, endorsement, or qualification verification by ARC Intelligence.

Applicant Data Obligations

Employers who receive applications through ARC Intelligence agree to:

• Use applicant data solely for the purpose of evaluating candidates for the posted position.
• Not share, sell, or distribute applicant data to third parties without the applicant's consent.
• Handle applicant data in compliance with applicable data protection laws (including GDPR where applicable).
• Not contact applicants for purposes unrelated to the posted position without their consent.

No Hiring Guarantee

ARC Intelligence does not guarantee that any job posting will receive applications, that any applicant will be qualified, or that any hiring will result from use of the platform. Employers are solely responsible for their hiring decisions, due diligence, and compliance with employment laws.

Employer Content License

By posting content on ARC Intelligence (job listings, company descriptions), employers grant ARC Intelligence a non-exclusive, worldwide, royalty-free license to display, reproduce, and distribute that content on the platform for the purpose of facilitating job discovery.

Fees

Employer features on ARC Intelligence are currently available without charge. ARC Intelligence reserves the right to introduce fees for employer features in the future with reasonable notice.

Prohibited Employer Conduct

• Posting fake, misleading, or discriminatory job listings.
• Using ARC Intelligence to collect applicant information for purposes other than hiring.
• Contacting applicants to sell products, services, or opportunities unrelated to the posted position.
• Scraping or systematically downloading applicant profiles or contributor data.
• Misrepresenting your organization, position, or authority.

Liability for Employer Features

ARC Intelligence is not liable for any hiring decisions, employment disputes, or claims arising from the employer-applicant relationship. ARC Intelligence provides infrastructure only. All employment relationships are between the employer and the applicant. ARC Intelligence may suspend or terminate employer accounts that violate these Terms. Upon termination, active job postings will be removed.

13. Data Usage and Privacy

Your use of the Service is also governed by our Privacy Policy and AI, Biomechanics & Coaching Disclaimer, each of which is incorporated into these Terms by reference. These policies describe how we collect, use, store, and share your personal data and other information in connection with the Service.

By using the Service, you consent to the collection and use of your information as described in those policies. You acknowledge that certain data — including video recordings, movement data, and performance metrics — may be processed by AI and machine learning systems to deliver the Service's core functionality.

14. Limitation of Liability

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. To the fullest extent permitted by applicable law, ARC Intelligence disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.

ARC Intelligence does not warrant that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components. ARC Intelligence does not warrant the accuracy, reliability, or completeness of any content, analysis, or output provided through the Service.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ARC Intelligence, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE.

Without limiting the foregoing, ARC Intelligence shall not be liable for:

• Any injury, physical harm, or health consequence arising from your use of the Service or reliance on any analysis, insight, or recommendation provided by the Service.
• Any content, insight, or material submitted by third-party contributors, coaches, or other users of the platform.
• Any decision you make based on AI-generated outputs or analysis results.
• Any action or inaction of contributor-generated insights or coaching content.

IN ANY EVENT, ARC Intelligence'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO ARC Intelligence IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. If you have not made any payments to ARC Intelligence, ARC Intelligence's total liability shall not exceed fifty United States dollars (USD $50.00).

15. Indemnification

You agree to indemnify, defend, and hold harmless ARC Intelligence, its officers, directors, employees, affiliates, agents, and licensors from and against any and all claims, demands, actions, damages, losses, costs, liabilities, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your use of or access to the Service; (b) your violation of these Terms; (c) your User Content; (d) your violation of any rights of any third party; or (e) any claim that your User Content caused damage to a third party. This indemnification obligation shall survive the termination of these Terms and your use of the Service.

16. Dispute Resolution and Governing Law

Governing Law. ARC Intelligence intends to organize under the laws of the State of Delaware, United States. These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service (including the determination of the scope or applicability of this agreement to arbitrate) shall be resolved by binding arbitration administered in accordance with the rules of the American Arbitration Association ("AAA"). The arbitration shall be conducted by a single arbitrator, in the English language, and the seat of arbitration shall be in the State of Delaware. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver. You agree that any arbitration or proceeding shall be conducted on an individual basis only, and not as a class action, collective action, representative action, or private attorney general action. You expressly waive your right to participate in any class, collective, or representative proceeding. If this class action waiver is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

Exceptions. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights. Additionally, this arbitration provision shall not apply where prohibited by the applicable law of your jurisdiction of residence.

17. Modifications to Terms

ARC Intelligence reserves the right to modify, amend, or update these Terms at any time at its sole discretion. When we make material changes to these Terms, we will provide notice through the Service (such as an in-app notification or a prominent notice on our website) or by sending you an email to the address associated with your account. The "Last Updated" date at the top of these Terms will be revised accordingly.

Your continued use of the Service after the effective date of any modifications constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue your use of the Service and delete your account.

18. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect.

19. Entire Agreement

These Terms, together with the Privacy Policy, Contributor Licensing Agreement, Refund & Payment Terms, AI, Biomechanics & Coaching Disclaimer, and Platform Rules & Acceptable Use, constitute the entire agreement between you and ARC Intelligence with respect to the Service and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.

20. Waiver

The failure of ARC Intelligence to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and ARC Intelligence's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

21. Assignment

You may not assign or transfer these Terms or your rights or obligations hereunder, in whole or in part, without the prior written consent of ARC Intelligence. ARC Intelligence may assign or transfer these Terms, in whole or in part, without restriction and without your consent, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.

22. Contact

If you have questions, concerns, or feedback regarding these Terms of Service, please contact us at:

ARC Intelligence
Email: hello@arcintelligence.online

For legal inquiries, please include "Terms of Service" in the subject line of your correspondence.