1. Who we are
ArchiHQ is operated by ArchiHQ Inc., a corporation organized under the laws of the State of New Jersey, with its principal office at 653 West Edgar Rd #1109, Linden, NJ 07036. By using the ArchiHQ app, this website, or our consulting services, you agree to these terms. If you don't agree, please don't use them.
2. The ArchiHQ app
ArchiHQ is licensed, not sold. A paid license grants you a perpetual right to use the version you purchased on your own Macs, plus updates we ship for that version. You may not redistribute, resell, or reverse-engineer the app. The app processes data locally on your device. We have no access to your local data unless you explicitly share it with us through a consulting engagement.
3. AI-powered services
Our consulting and software use artificial intelligence tools including APIs from Anthropic, OpenAI, and others. AI can produce inaccurate, incomplete, or unexpected results. You are responsible for reviewing and verifying all AI-generated output before using it in your business. We warrant that our delivery systems work as described. We do not warrant that AI output will be accurate, complete, or fit for any specific purpose. AI-generated content may require human review for legal, medical, financial, or regulatory compliance. The tools do the work. You check the work.
4. Consulting services
We reserve the right to accept or reject any application for consulting services in our sole discretion. Founder Setup, Membership, and Retainer engagements are provided as work-for-hire. Delivered systems come with a 7-day review and warranty window from the date of delivery. You are responsible for reviewing all deliverables within that window. If something we built breaks during the 7-day window, we fix it at no extra cost. After 7 days, fixes and revisions are billed at your current rate or covered under an active maintenance subscription. Scope of work is defined by the engagement agreement. Work outside the agreed scope requires a separate agreement or change order.
5. Intellectual property
All deliverables we create for your business are work made for hire. On full payment, you own everything we built for you. Code, copy, designs, systems. It's yours. We retain rights to our underlying platform, tools, frameworks, templates, and methodology. If we built it before your project or use it across multiple clients, it stays ours. You get a perpetual license to use it in your deliverables. Neither party may use the other's trademarks, logos, or brand assets without written permission. We may list your company name and a general description of the project in our portfolio and case studies unless you opt out in writing.
6. Payments and billing
Pay-what-you-want app purchases are non-refundable above the $1 minimum. Founder Setup ($1,500 one-time) is refundable within 48 hours before work begins. Membership ($4,000/month) includes a 7-day satisfaction guarantee on the first month — 75% refund if cancelled within 7 days. After the first 7 days, no refunds for the current billing period. Maintenance ($500/month) is non-refundable for partial months. All subscriptions auto-renew at the start of each billing period. You can cancel, upgrade, downgrade, or switch plans anytime through your client dashboard. Cancellation takes effect at the end of your current billing period. No refunds for partial months. You keep everything we've built through the cancellation date. Overdue invoices accrue interest at 1.5% per month or the maximum rate permitted by law, whichever is lower. Accounts more than 30 days past due may be suspended until the balance is paid. You are responsible for all applicable taxes on purchases.
7. Confidentiality
Confidentiality goes both ways. We won't share your business data, strategies, credentials, or proprietary information with anyone outside your project. You agree to keep our pricing, internal tools, and methodology confidential. We will never use your data to train AI models without your written consent. If a third-party AI provider processes your data through their API, their published data policies apply. We only use providers whose terms prohibit training on API inputs. Confidentiality obligations survive termination for a period of two years.
8. Third-party services and uptime
ArchiHQ depends on third-party services including Anthropic, OpenAI, Supabase, Vercel, and Stripe. We use commercially reasonable efforts to keep everything running. We do not guarantee uptime or availability. If a third-party provider goes down, experiences an outage, changes their API, or discontinues a service, that is a force majeure event. We are not liable for delays, failures, or degraded performance caused by providers outside our control. Other force majeure events include natural disasters, war, government action, pandemic, labor disputes, internet disruptions, and cyberattacks beyond reasonable prevention.
9. Security
We take security seriously but do not guarantee 100% protection. No one can. We use encryption, access controls, and industry-standard practices to protect your data. You are responsible for securing your own credentials, API keys, and login information. If we discover a data breach affecting your information, we will notify you within 72 hours of discovery with details about what happened and what we're doing about it. You agree to notify us immediately if you suspect unauthorized access to your account or credentials.
10. Acceptable use
You may not use ArchiHQ, our website, app, or any deliverables to: break any applicable law or regulation; infringe on intellectual property, privacy, or other rights of any third party; harass, defame, threaten, or discriminate against any person; distribute malware, spam, or phishing content; attempt to gain unauthorized access to our systems, networks, or other users' accounts; scrape, crawl, or data-mine this website or the app without written permission; resell, sublicense, or redistribute our services without authorization; misrepresent your identity or affiliation; build anything designed to harm others; or use AI-generated output in a way that violates the acceptable use policies of our AI providers. We may suspend or terminate any account that violates this policy, with or without notice.
11. SMS and text messaging
ArchiHQ may send you SMS or text messages if you opt in through our website forms. Our SMS program includes two types of messages. Transactional messages: project status updates, appointment confirmations, delivery notifications, and account alerts. Marketing messages: new service announcements, promotions, and special offers — sent only if you separately consent. Message frequency varies based on your engagement and preferences. Message and data rates may apply. Your carrier's standard messaging rates apply. To opt out of all SMS messages, reply STOP to any message you receive from us. You will receive a confirmation message and no further texts will be sent. To get help, reply HELP to any message or contact us at contact@archihq.ai or +1 (908) 488-1717. ArchiHQ Inc., 653 West Edgar Rd #1109, Linden, NJ 07036. Carriers (AT&T, Verizon, T-Mobile, and others) are not liable for delayed or undelivered messages. Delivery is subject to effective transmission by your wireless carrier. You must be 18 years of age or older to consent to receive SMS messages from ArchiHQ. SMS consent is not a condition of purchase or use of any ArchiHQ service. No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Please review our Privacy Policy at https://archihq.ai/privacy and our SMS Consent & Terms at https://archihq.ai/sms-consent for full details.
12. Disclaimer of warranties
Except as expressly stated in these terms, all services, software, and deliverables are provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory. We disclaim all implied warranties including merchantability, fitness for a particular purpose, non-infringement, and accuracy. We do not warrant that our services will be uninterrupted, error-free, or secure. No advice or information obtained from ArchiHQ creates any warranty not expressly stated in these terms.
13. Limitation of liability
To the fullest extent permitted by law, ArchiHQ Inc. is not liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost revenue, lost data, business interruption, or cost of substitute services, regardless of the theory of liability. Our total aggregate liability for any claim arising from or related to these terms or our services is capped at the fees you actually paid us in the 12 months immediately preceding the event giving rise to the claim. Exception: if a data breach occurs due to our gross negligence, liability is capped at 2x the fees paid in the prior 12 months or the limit of our professional liability insurance, whichever is greater. Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above may not apply to you.
14. Indemnification
You agree to indemnify, defend, and hold harmless ArchiHQ Inc., its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from: your use of our services; your violation of these terms; your violation of any third-party rights; any content you provide to us for use in deliverables; or your use of AI-generated output in a manner that causes harm to a third party. We will notify you promptly of any such claim and cooperate reasonably in the defense.
15. Termination
Either party can terminate with 10 days written notice by email to the other party's address on file. You can also stop using ArchiHQ at any time without notice. If you violate these terms, we may terminate immediately without prior notice. On termination, you keep all deliverables paid for through the termination date. We will provide a reasonable period (not less than 14 days) for you to retrieve your data from our systems. Sections covering intellectual property, confidentiality, payment obligations, indemnification, limitation of liability, governing law, and dispute resolution survive termination.
16. Governing law
These terms are governed by and construed in accordance with the laws of the State of New Jersey, United States, without regard to conflict of law principles. For any matters not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in Union County, New Jersey.
17. Dispute resolution
Any dispute arising from these terms or our services will be resolved through binding arbitration administered under the rules of the American Arbitration Association (AAA) in the State of New Jersey. Not litigation. Arbitration is faster, cheaper, and private. Each party pays their own costs. The arbitrator's decision is final and enforceable in any court with jurisdiction. Before initiating arbitration, both parties agree to attempt informal resolution by sending a written description of the dispute to the other party. If the dispute is not resolved within 30 days, either party may proceed to arbitration.
18. Class action waiver
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If this waiver is found to be unenforceable, then the entirety of the dispute resolution provision (other than this waiver) shall be deemed void.
19. Severability
If any provision of these terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.
20. Entire agreement
These terms, together with our Privacy Policy, Cookie Policy, and any engagement agreement or statement of work, constitute the entire agreement between you and ArchiHQ Inc.. They supersede all prior agreements, understandings, and representations. No waiver of any provision shall be deemed a further or continuing waiver of that or any other provision.
21. Changes to these terms
We may update these terms. Material changes will be announced by email or in-app notification at least 14 days before they take effect. Continued use after the effective date of changes means you accept the updated terms. If you do not agree to the updated terms, you must stop using our services before the effective date.
Questions about these terms? Contact us.