End User License Agreement

Subject to your compliance with this EULA and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Software for your own internal business purposes, in accordance with your subscription plan and its limits (including active listing counts and team member seats).

You will not, and will not permit any third party to:

• Copy, modify, translate, or create derivative works of the Software;
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Software, except to the extent such restriction is prohibited by law;
• Rent, lease, lend, sell, sublicense, distribute, or otherwise transfer the Software or your access to it;
• Circumvent or attempt to circumvent plan limits, feature gates, usage metering, or security measures;
• Use the Software to build a competing product or service, or copy its features, functions, or user interface;
• Access the Software by automated means (bots, scrapers) other than documented APIs and integrations;
• Remove or alter any proprietary notices in the Software.

The Software is licensed, not sold. We and our licensors retain all right, title, and interest in and to the Software, including all intellectual property rights. You retain all rights to your own data — your listings, inventory, photos, and business records ("Your Data") — as described in the Terms of Service and Privacy Policy.

Access requires an active subscription after any free trial period. Features and capacity (such as monthly listing limits) vary by plan and are enforced by the Software. Downgrading may restrict access to features or data associated with higher tiers until you upgrade again; we do not delete Your Data on downgrade.

The Software interoperates with third-party services you choose to connect (such as eBay, Shopify, Stripe, and shipping carriers). Your use of those services is governed by their own terms, and we are not responsible for their availability, accuracy, or conduct. You are responsible for complying with each connected marketplace's policies.

We may update, modify, or discontinue features of the Software at any time. Updates are applied automatically as part of the hosted service. We will use reasonable efforts to notify you of material changes that reduce core functionality.

If you send us ideas, suggestions, or feedback about the Software, you grant us a perpetual, irrevocable, royalty-free license to use it without restriction or compensation.

This EULA is effective until terminated. It terminates automatically when your account is closed or your subscription ends, or immediately if you breach it. Upon termination, you must stop using the Software. Sections 2, 3, 7, 9, and 10 survive termination. Data export is available as described in the Privacy Policy.

THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. OUR TOTAL LIABILITY ARISING OUT OF THIS EULA WILL NOT EXCEED THE AMOUNTS YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE CLAIM. WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA.

This EULA is governed by the laws of the State of Alabama, USA, without regard to conflict of law principles. If any provision is held unenforceable, the remainder stays in effect. Our failure to enforce a provision is not a waiver. You may not assign this EULA without our consent; we may assign it in connection with a merger, acquisition, or sale of assets.

Questions about this EULA: eli@arcautomation.app