Terms of Service

Terms of Service (ARKIVE AGENCY)

Effective date: 21 February 2026

These Terms of Service (“Terms”) govern your use of arkiveagency.com and any services provided by ARKIVE AGENCY (“we”, “us”, “our”), including AI services, chatbots, voice agents, SMS automations, and AI consulting (the “Services”).

By accessing our website, booking a call, purchasing Services, or otherwise engaging us, you agree to these Terms.

1) Who we are

Business name: ARKIVE AGENCY
Address: 18 Magnolia Drive, NE5 3QG, Newcastle upon Tyne, United Kingdom
Email: [email protected]
Website: arkiveagency.com

2) Eligibility

You must be at least 18 years old and legally able to enter into a contract to use our Services. If you use the Services on behalf of a business, you confirm you have authority to bind that business.

3) Scope of Services

3.1 We provide services such as:

AI consulting and implementation

AI chatbots and conversational agents

AI voice agents / reception workflows

SMS automations and system integrations

configuration, testing, deployment, and support (as agreed)

3.2 The exact scope, deliverables, pricing, timelines, and any ongoing support will be set out in writing (for example, a proposal, statement of work, email confirmation, invoice description, or package checkout). If there is a conflict between those written terms and these Terms, the written scope/pricing document will govern for that project.

4) Bookings and communications

4.1 If you book a call through our calendar, you agree to provide accurate information and to act professionally.
4.2 We may cancel or reschedule calls where necessary.

5) Client responsibilities

You agree to:

provide timely access to required systems/content (e.g., FAQs, scripts, datasets, business rules)

ensure you have the right to share any data/content you provide to us

review and test deliverables before going live where reasonably requested

use the Services in compliance with law and these Terms

Important: You are responsible for your business’s customer notices/consents (including call recording notices, marketing consent rules, and website notices), unless we explicitly agree in writing to manage that for you.

6) Acceptable use

You must not use our website or Services to:

break any law or regulation

process illegal content or facilitate harm

collect or use personal data unlawfully

send spam or unlawful marketing messages

attempt unauthorised access to systems or data

infringe intellectual property rights

upload malware or disrupt services

We may suspend or terminate Services if we reasonably believe you are breaching this section.

7) Payments, billing, and taxes

7.1 Fees are due as described in your invoice, proposal, or checkout page.
7.2 Payments may be processed via Stripe.
7.3 Unless stated otherwise, fees are exclusive of VAT and any applicable taxes. If VAT applies, it will be added where required.

8) Refund policy (NO REFUNDS)

All sales are final. No refunds will be available under any circumstances, including (without limitation) for change of mind, dissatisfaction, unused services, partial use, delays caused by the Client, or termination after purchase.

Nothing in this section limits any consumer rights that cannot be excluded under applicable law.

9) Third-party platforms and dependencies

9.1 Our Services may rely on third-party platforms (including GoHighLevel, Stripe, Twilio, and AI model providers).
9.2 We are not responsible for outages, changes, restrictions, suspension, or pricing changes made by third parties.
9.3 You may need your own third-party accounts/subscriptions. Unless agreed otherwise in writing, you are responsible for third-party fees.

10) AI outputs and disclaimers

10.1 AI systems can generate incorrect, incomplete, or unexpected outputs. You agree that:

AI responses are not guaranteed to be accurate or complete

you will apply human review and testing before relying on outputs in critical scenarios

10.2 We do not provide legal, medical, or financial advice. If the Services touch regulated areas, you should obtain professional advice and ensure compliance.

10.3 You are responsible for how you use the AI system in your business, including any communications sent to customers.

11) Intellectual property

11.1 Your materials: You retain ownership of your pre-existing content, data, branding, and materials you provide (“Client Materials”). You grant us a limited licence to use Client Materials only to deliver the Services.

11.2 Our materials: Unless otherwise agreed in writing, we retain ownership of our pre-existing templates, workflows, methods, frameworks, and know-how.

11.3 Deliverables licence: On full payment, we grant you a non-exclusive, non-transferable licence to use the deliverables we create for your internal business purposes. If you want full assignment/transfer of IP, it must be agreed in writing.

11.4 Portfolio/demos: We may create anonymised demos or examples that do not contain personal data or confidential business information. If you want us to show your brand name, logos, or identifiable results publicly, we will request permission first.

12) Confidentiality

Both parties agree to keep confidential information private and only use it to perform obligations under these Terms, unless disclosure is required by law.

13) Data protection

13.1 Our Privacy Policy explains how we handle personal data.
13.2 If we process personal data on your behalf as part of the Services, our Data Processing Agreement (DPA) forms part of these Terms for business clients.

14) Suspension and termination

14.1 Either party may terminate Services as set out in the applicable written scope/proposal. If not specified, either party may terminate ongoing services with reasonable written notice.
14.2 We may suspend or terminate immediately if you breach these Terms, fail to pay, or if continuing would pose legal/security risk.

15) Limitation of liability

15.1 Nothing in these Terms limits liability for:

death or personal injury caused by negligence

fraud or fraudulent misrepresentation

any liability that cannot be excluded under UK law

15.2 Subject to 15.1, we are not liable for:

indirect or consequential loss

loss of profits, revenue, goodwill, or business opportunities

issues caused by third-party platforms or your own systems/configuration

losses arising from reliance on AI outputs without appropriate human review

15.3 Subject to 15.1, our total liability for claims relating to the Services is limited to the fees you paid to us in the 3 months before the event giving rise to the claim (or the specific project fee, if lower).

16) Indemnity (business use)

If you use the Services for business, you agree to indemnify us for losses arising from your unlawful use of the Services, your breach of these Terms, or your misuse of AI outputs (except to the extent caused by our negligence).

17) Changes to these Terms

We may update these Terms from time to time. We will post the latest version on our website and update the effective date above. By continuing to use the website or Services after updates take effect, you agree to the revised Terms.

18) Governing law and jurisdiction

These Terms are governed by the laws of England and Wales. The courts of England and Wales will have exclusive jurisdiction over disputes, unless mandatory consumer law requires otherwise.

19) Contact

For any questions about these Terms, contact: [email protected]