Terms and Conditions

These Terms of Service constitute a binding agreement between you and Windconsul Tech LLC, a limited liability company organized under the laws of the State of Georgia, United States, with its principal place of business at 759 Hadley Ln NE, Marietta, Georgia 30068, USA ("Windconsul," "Arcanflows," "Company," "we," "us," or "our"). Arcanflows is a product of Windconsul Tech LLC. ARCANFLOWS™ and the Arcanflows logo are trademarks of Windconsul Tech LLC. These Terms govern your access to and use of the Arcanflows platform, including all associated services, APIs, tools, agents, workflows, and documentation (collectively, the "Service"). By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service. Arcanflows is an AI-powered Software-as-a-Service (SaaS) platform that enables users to create, deploy, and manage AI agents, automation workflows, and intelligent applications. The Service is available to individuals and organizations in Mexico, the United States, and internationally.

• "AI Agent" means an artificial intelligence entity created and configured within the platform by a User to perform automated tasks, respond to queries, or execute workflows.

• "Platform" means the Arcanflows web application, APIs, embedded components, and all associated infrastructure.

• "Tenant" means an organizational account that may contain multiple Users.

• "Content" means any text, data, files, images, documents, or other materials uploaded, generated, or processed through the Service.

• "Generated Output" means any content, responses, documents, or actions produced by AI Agents or workflows on the Platform.

• "Third-Party Models" means AI language models provided by third-party services (e.g., OpenAI, Anthropic, DeepSeek, Google) integrated into the Platform.

• "Credentials" means API keys, OAuth tokens, passwords, or other authentication data stored in the Platform's credential vault.

3.1 Age RequirementYou must be at least 18 years of age to use the Service. By using the Service, you represent and warrant that you meet this requirement. In Mexico, this aligns with the legal age of majority per Article 646 of the Federal Civil Code. 3.2 Account RegistrationTo access certain features, you must create an account providing accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities occurring under your account. 3.3 Organizational UseIf you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms. The organization assumes responsibility for all Users within its Tenant.

4.1 Platform CapabilitiesArcanflows provides tools for:

• Creating and deploying AI-powered conversational agents

• Building automation workflows with visual editors

• Integrating with external services via tools and APIs

• Managing data tables and knowledge bases (RAG)

• Embedding AI interfaces in external websites and applications

• Scheduling automated tasks and processes

• Building custom applications with AI capabilities

4.2 AI Output DisclaimerAI-generated content may contain errors, inaccuracies, or hallucinations. The Platform relies on third-party AI models whose outputs are probabilistic in nature. We do not guarantee the accuracy, completeness, reliability, or suitability of any Generated Output. You are solely responsible for reviewing, validating, and assuming liability for any use of Generated Output. 4.3 No Professional AdviceGenerated Output does not constitute legal, medical, financial, or other professional advice. You should always consult qualified professionals for decisions requiring specialized expertise. 4.4 Service AvailabilityWe strive to maintain 99.9% uptime but do not guarantee uninterrupted availability. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

5.1 Permitted UseYou may use the Service for lawful business and personal purposes consistent with these Terms. 5.2 Prohibited ActivitiesYou agree NOT to use the Service to:

• Generate, store, or distribute illegal content under Mexican or U.S. law

• Create deepfakes, disinformation, or misleading AI-generated content without clear disclosure

• Engage in spam, phishing, fraud, or social engineering

• Harass, threaten, defame, or discriminate against individuals or groups

• Attempt to extract training data or reverse-engineer AI models

• Circumvent rate limits, security measures, or access controls

• Process data in violation of applicable data protection laws (LFPDPPP, CCPA, GDPR)

• Create agents that impersonate real individuals without consent

• Use the Service for high-risk automated decision-making affecting individuals' rights without human oversight

• Distribute malware, exploit vulnerabilities, or compromise system integrity

• Violate export control laws or international sanctions

• Facilitate money laundering, terrorist financing, or other financial crimes

5.3 Content ModerationWe reserve the right to review, remove, or restrict access to Content that violates these Terms or applicable law. We may implement automated content filtering and safety measures. 5.4 Voice, SMS/MMS and WhatsApp Communications (Telephony Acceptable Use)The Platform's telephony features (voice calls, SMS, MMS, and WhatsApp messaging) are provided through Twilio Inc. as the underlying communications carrier. By using these features you agree to comply with Twilio's Acceptable Use Policy, Twilio's Messaging Policy, and, for WhatsApp traffic, the WhatsApp Business Messaging Policy, in addition to these Terms. You are the sender of record for all communications you originate through the Platform. Consent and opt-out.

• You must have the recipient's prior express consent (opt-in) before sending messages or placing automated/AI-driven calls, as required by applicable law (including the U.S. TCPA and Mexican consumer-protection and data-protection law), and you must retain evidence of that consent.

• You must honor opt-out requests (e.g., STOP, UNSUBSCRIBE, BAJA) immediately and must not message a recipient who has revoked consent.

• Automated calls and messages must respect applicable quiet hours, do-not-call registries, and telemarketing rules in the recipient's jurisdiction.

Identification and integrity.

• You must accurately identify yourself or your organization as the sender; caller-ID spoofing, sender misrepresentation, and impersonation are prohibited. The Platform only presents phone numbers your workspace actually owns.

• AI-driven (automated) calls must not misrepresent themselves as human when disclosure is required by applicable law.

• Evasion techniques are prohibited, including snowshoeing (spreading similar traffic across many numbers), content obfuscation to defeat carrier filtering, and artificially segmented traffic.

• Call recording is subject to consent laws of the participants' jurisdictions; where required, use the Platform's recording announcement features and obtain all legally required consents.

Prohibited traffic. In line with carrier policies, the following may not be sent through the Platform's telephony features:

• Content that is illegal in the recipient's jurisdiction, or that promotes hate, harassment, or violence

• Phishing, fraud, deceptive marketing, or social engineering of any kind

• Restricted categories under carrier messaging policies without the legally required controls and registrations, including: adult content; gambling; alcohol, tobacco, or vape products without age verification; cannabis/CBD where prohibited; firearms; illegal or prescription drugs; high-risk financial services (e.g., payday loans, debt relief) that do not comply with applicable regulations; and third-party lead generation or affiliate marketing spam

• Traffic pumping, artificially inflated traffic, international revenue-share fraud, or any scheme designed to generate call/message volume for its own sake

Registration requirements. Certain destinations require sender registration before commercial traffic is permitted (for example, A2P 10DLC brand and campaign registration or toll-free verification for U.S. traffic, and sender-ID pre-registration in some countries). You are responsible for completing the registrations that apply to your traffic, and your message content must match your registered use case. Unregistered traffic may be filtered or blocked by carriers without notice. Emergency services. The Platform's voice features are NOT a replacement for a traditional telephone service and do NOT support emergency calling (such as 911, 066/911 in Mexico, or 112). You must maintain alternative means of reaching emergency services and must inform users of your telephony deployments of this limitation. Enforcement. Carriers and Twilio may independently filter, suspend, or block traffic that violates their policies, and we may suspend or revoke telephony features, phone numbers, or messaging capability for any workspace whose traffic violates this section. You are responsible for fines, penalties, or carrier surcharges attributable to your traffic, and you agree to indemnify us for claims arising from communications you originate in violation of this section.

6.1 Mexican Data Protection Law (LFPDPPP)In compliance with Mexico's Ley Federal de Proteccion de Datos Personales en Posesion de los Particulares (LFPDPPP) and its Regulations, we:

• Collect only personal data necessary for providing the Service

• Provide a Privacy Notice (Aviso de Privacidad) detailing data processing purposes

• Respect your ARCO rights (Access, Rectification, Cancellation, Opposition)

• Implement appropriate security measures to protect personal data

• Do not transfer personal data to third parties without your consent, except as required by law

• Designate a responsible person for handling data protection requests

6.2 U.S. Privacy LawsFor Users in the United States, we comply with:

• California Consumer Privacy Act (CCPA/CPRA): California residents may request disclosure, deletion, or opt-out of personal information sale

• Children's Online Privacy Protection Act (COPPA): The Service is not directed at children under 13

• State privacy laws: We comply with applicable state-level data protection requirements (Virginia CDPA, Colorado CPA, Connecticut CTDPA, etc.)

6.3 Data Processing and AI TrainingWe do not use your Content or Generated Output to train our own AI models. Your data remains yours. However, when using Third-Party Models, data may be processed according to those providers' terms. We recommend reviewing the policies of model providers whose services you enable. 6.4 International Data TransfersYour data may be processed in servers located in the United States or other jurisdictions. By using the Service, you consent to such transfers, which are conducted in compliance with applicable data protection frameworks. 6.5 Data RetentionWe retain your data for as long as your account is active or as needed to provide the Service. Upon account termination, we will delete your data within 90 days, except where retention is required by law or for legitimate business purposes.

7.1 Platform OwnershipThe Platform, including its source code, design, architecture, documentation, trademarks, and all related intellectual property, is owned by Windconsul Tech LLC and protected under Mexican (Ley Federal del Derecho de Autor, Ley de la Propiedad Industrial) and U.S. (Copyright Act, Lanham Act) intellectual property laws, as well as international treaties. 7.2 Your ContentYou retain ownership of Content you upload or create using the Service. By uploading Content, you grant us a limited, non-exclusive license to process, store, and display such Content solely for the purpose of providing the Service. 7.3 Generated Output OwnershipTo the extent permitted by applicable law, Generated Output created through your use of the Service belongs to you. However, you acknowledge that:

• AI-generated content may not qualify for copyright protection in all jurisdictions

• Similar outputs may be generated for other users based on similar prompts

• Third-Party Model providers may have separate terms regarding output ownership

7.4 FeedbackAny suggestions, improvements, or feedback you provide about the Service may be used by us without obligation to you.

8.1 Pricing PlansThe Service offers different subscription tiers (Starter, Pro, Enterprise) with varying features, usage limits, and pricing. Current pricing is available on our website and is subject to change with 30 days' notice. 8.2 Payment TermsSubscriptions are billed in advance on a monthly or annual basis. Payment is due upon invoice. Late payments may result in service suspension after a 15-day grace period. 8.3 TaxesPrices may not include applicable taxes. For Mexico: IVA (16%) applies per the Ley del Impuesto al Valor Agregado. For the U.S.: applicable state and local sales taxes apply. You are responsible for paying all applicable taxes. 8.4 Refund PolicySubscription fees are non-refundable except where required by law (e.g., Mexico's Ley Federal de Proteccion al Consumidor grants a 5-business-day withdrawal period for distance contracts). Usage-based charges for already-consumed resources are non-refundable. 8.5 Third-Party CostsYour use of Third-Party Models (OpenAI, Anthropic, etc.) may incur additional costs billed either through Arcanflows or directly by the provider based on your configuration. You are responsible for monitoring your usage.

9.1 API AccessAccess to our API is subject to rate limits, authentication requirements, and usage quotas defined by your subscription plan. Exceeding limits may result in throttling or temporary suspension. 9.2 Credential SecurityAPI keys, OAuth tokens, and other credentials stored in the Platform's credential vault are encrypted at rest. You are responsible for the security of credentials you configure and for any actions performed using those credentials. 9.3 Third-Party IntegrationsThe Platform integrates with third-party services (email providers, CRMs, social media, etc.). Your use of these integrations is subject to the respective third-party terms of service. We are not responsible for the availability, accuracy, or security of third-party services. 9.4 Webhook and Automation ResponsibilityYou are solely responsible for the configuration, testing, and consequences of automated workflows, scheduled tasks, and webhook integrations. This includes ensuring that automated actions comply with applicable laws and do not cause unintended harm.

10.1 Disclaimer of WarrantiesTHE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. 10.2 Limitation of DamagesTO THE MAXIMUM EXTENT PERMITTED BY LAW, ARCANFLOWS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, REGARDLESS OF THE CAUSE OF ACTION. 10.3 Maximum Liability CapOur total aggregate liability for any claims arising from or related to the Service shall not exceed the amount you paid to us in the twelve (12) months preceding the claim, or $100 USD, whichever is greater. 10.4 AI-Specific LimitationsWe are not liable for:

• Errors, inaccuracies, or hallucinations in AI-generated content

• Decisions made based on Generated Output

• Actions taken by AI Agents that deviate from intended behavior

• Third-party model outages, rate limits, or policy changes

• Unintended consequences of automated workflows or scheduled tasks

You agree to indemnify, defend, and hold harmless Arcanflows, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service or violation of these Terms

• Content you upload, generate, or distribute through the Platform

• Your violation of applicable laws or third-party rights

• AI Agent actions resulting from your configuration or prompts

• Your use of Third-Party Model services through the Platform

12.1 By YouYou may terminate your account at any time through the Platform settings. Termination does not entitle you to a refund of pre-paid fees. 12.2 By UsWe may suspend or terminate your access immediately if you violate these Terms, engage in prohibited activities, fail to pay applicable fees, or if required by law. We will provide reasonable notice when possible. 12.3 Effect of TerminationUpon termination: (a) your right to access the Service ceases immediately; (b) we will delete your data within 90 days unless retention is legally required; (c) you may request a data export within 30 days of termination; (d) provisions that by their nature should survive termination (including limitations of liability, indemnification, and dispute resolution) shall survive.

13.1 Governing LawThese Terms shall be governed by and construed in accordance with the laws of the State of Georgia, United States, and applicable United States federal law, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. 13.2 Dispute ResolutionAny dispute arising from these Terms shall be resolved as follows:

• Negotiation: The parties shall first attempt to resolve disputes through good-faith negotiation within 30 days

• Mediation: If negotiation fails, disputes may be submitted to mediation before a qualified mediator

• Jurisdiction: If mediation fails, disputes shall be submitted exclusively to the state courts located in Cobb County, Georgia, or the United States District Court for the Northern District of Georgia, and each party consents to personal jurisdiction and venue in those courts

13.3 U.S. UsersFor users in the United States, class action waiver applies: you agree to resolve disputes individually and waive any right to participate in class actions. Nothing in this section limits your right to file complaints with regulatory agencies (FTC, state attorneys general). 13.4 Consumer Protection and Mandatory Local LawNothing in these Terms limits consumer rights granted by mandatory law that cannot be waived by agreement. If you are a consumer resident outside the United States, you retain the protections of the mandatory consumer law of your country of residence — including, for consumers in Mexico, the Ley Federal de Proteccion al Consumidor (PROFECO) — and you may bring proceedings in the courts of your place of residence where that law so provides.

14.1 TransparencyWe are committed to AI transparency. When interacting with AI Agents created on our Platform, end users should be informed that they are communicating with an AI system, not a human. 14.2 Bias and FairnessAI models may reflect biases present in their training data. We do not guarantee that Generated Output is free from bias. Users deploying AI Agents for public-facing purposes should implement appropriate monitoring and safeguards. 14.3 Human OversightFor decisions that significantly affect individuals (employment, credit, healthcare, legal matters), you must ensure meaningful human oversight of AI-generated recommendations. The Platform is designed as a tool to assist humans, not replace human judgment in critical decisions. 14.4 Compliance with AI RegulationsYou are responsible for ensuring your use of the Platform complies with applicable AI regulations, including Mexico's emerging AI regulatory framework and any applicable U.S. federal or state AI legislation (e.g., Colorado AI Act, NYC Local Law 144 for automated employment decisions).

By creating an account, you consent to receive electronic communications from us regarding service updates, security alerts, billing, and feature announcements. You may opt out of non-essential communications at any time through your account settings. For Mexican users, this consent is provided per Article 7 of the Ley Federal de Proteccion al Consumidor regarding commercial communications.

We may update these Terms from time to time. Material changes will be communicated via email or prominent notice on the Platform at least 30 days before taking effect. Your continued use of the Service after changes become effective constitutes acceptance of the updated Terms. If you disagree with any changes, you may terminate your account before the changes take effect.

17.1 Entire AgreementThese Terms, together with the Privacy Policy and any additional agreements, constitute the entire agreement between you and Arcanflows. 17.2 SeverabilityIf any provision is found unenforceable, the remaining provisions shall continue in full force and effect. 17.3 WaiverFailure to enforce any provision does not constitute a waiver of that provision. 17.4 AssignmentYou may not assign your rights or obligations under these Terms without our written consent. We may assign our rights and obligations in connection with a merger, acquisition, or sale of assets. 17.5 Force MajeureNeither party shall be liable for delays or failures due to events beyond reasonable control, including natural disasters, pandemics, government actions, or infrastructure failures. 17.6 LanguageThese Terms are provided in English. In case of conflict between English and any translated version, the English version shall prevail.

For questions, concerns, or requests related to these Terms, contact us at: Arcanflows Email: [email protected] Data Protection Officer: [email protected] For ARCO rights requests (Mexico): [email protected] For CCPA requests (California): [email protected]