Last updated: May 6, 2026
These Terms of Service (the "Terms") are a binding legal agreement between you (or the company you represent) ("Customer," "you," or "your") and Arkade AI Inc. ("Arkade AI," "we," "us," or "our"). These Terms govern your access to and use of the Arkade AI platform, services, websites, APIs, and related products (collectively, the "Service").
By creating an account, accessing the Service, clicking "I agree," or otherwise using the Service, you accept and agree to be bound by these Terms, our Privacy Policy, and our Acceptable Use Policy (the "AUP"), all of which are incorporated by reference. If you do not agree, you may not access or use the Service.
If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity, in which case "you" and "your" refer to that entity.
Arkade AI provides a hosted communications platform that enables Customers to create and operate AI-assisted voice agents and messaging workflows. The Service includes orchestration of speech-to-text, large language model processing, text-to-speech, SMS, voice telephony, and lead-routing capabilities, accessible via web dashboard, APIs, and integrations.
Arkade AI is a technology platform. Arkade AI is not a debt collector, debt-relief provider, lender, financial advisor, attorney, healthcare provider, or telemarketer. Arkade AI does not originate communications on its own behalf. All communications sent through the Service are sent on behalf of Customers, who are solely responsible for the lawfulness of those communications and for obtaining all required consents from message and call recipients.
You must be at least 18 years old and have legal authority to enter into these Terms. The Service is intended for business use. You may use the Service only on behalf of a real, identifiable business or organization.
To access the Service, you must register for an account and provide accurate, current, and complete information. You are responsible for: (a) maintaining the confidentiality of your credentials and API keys, (b) all activity that occurs under your account, whether or not authorized, and (c) promptly notifying Arkade AI of any unauthorized access or security breach.
Arkade AI may require Customer verification, including verification of legal entity, EIN, beneficial ownership, business website, and intended use case, before activating sending or calling capabilities. Arkade AI may decline to activate accounts at its sole discretion.
Subject to your compliance with these Terms, Arkade AI grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your internal business purposes during the term of your subscription. All rights not expressly granted are reserved.
You are solely responsible for ensuring that your use of the Service complies with all applicable laws, regulations, and industry guidelines, including but not limited to:
You represent and warrant that, before any communication is sent through the Service, you have obtained all consents legally required from the intended recipient, that your consent records satisfy the "prior express written consent" standard under TCPA where required, and that you maintain those records for at least the duration of TCPA's statute of limitations (four years) plus a reasonable buffer.
You further represent and warrant that you will:
Failure to comply with this Section is a material breach of these Terms and grounds for immediate suspension or termination of the Service.
"Customer Content" means all data, recordings, transcripts, prompts, configurations, lead lists, contact information, and other materials you upload, input, or transmit through the Service.
Ownership. As between you and Arkade AI, you retain all right, title, and interest in and to your Customer Content. Arkade AI claims no ownership of Customer Content.
License to Arkade AI. You grant Arkade AI a limited, worldwide, royalty-free license to host, copy, transmit, process, and display Customer Content solely as necessary to provide, secure, and improve the Service for you and to comply with law.
No use for AI training without consent. Arkade AI will not use Customer Content to train its own or third-party generalized AI models without your express written consent. Aggregated, de-identified usage data may be used for product improvement and security analytics.
Customer warranties. You represent and warrant that:
The Service integrates third-party providers, including telecommunications carriers, speech-to-text providers, large language model providers, text-to-speech providers, and infrastructure providers. Your Customer Content may be transmitted to and processed by these providers as necessary for service delivery, subject to those providers' terms.
A current list of sub-processors is available on request and is identified in our Privacy Policy.
Pricing is set out on our pricing page or in your order form and may correlate with usage (voice minutes, messages sent, API calls, seats, or other usage metrics). Fees are non-refundable except as expressly stated. We may change pricing for new subscription terms with reasonable notice; pricing for the current term will not change.
You authorize Arkade AI to charge your payment method for all fees incurred. If a payment fails, we may suspend the Service until payment is received. Past-due amounts accrue interest at 1.5% per month or the maximum permitted by law, whichever is lower.
Termination by you. You may terminate your account at any time by following the cancellation process in your account settings or by contacting support.
Termination or suspension by Arkade AI. We may suspend or terminate your access to the Service, immediately and without prior notice, if:
We will use reasonable efforts to provide notice and an opportunity to cure where appropriate, but we are not obligated to do so where suspension is necessary to protect the Service, other Customers, recipients, or Arkade AI.
Effect of termination. Upon termination: (a) your right to access the Service ends, (b) we may delete your Customer Content after a reasonable retention period, and (c) provisions of these Terms that by their nature should survive (including Sections 5, 6, 11–14, 18–22) will survive.
The Service and all related software, models, designs, code, documentation, trademarks, and content (collectively, "Materials") are owned by Arkade AI and protected by U.S. and international intellectual property laws. Arkade AI reserves all rights not expressly granted.
Feedback. If you provide feedback, suggestions, or feature requests, you grant Arkade AI a perpetual, irrevocable, royalty-free, worldwide license to use that feedback without restriction.
THE SERVICE AND MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. ARKADE AI DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ARKADE AI DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR THAT AI-GENERATED OUTPUTS WILL BE ACCURATE, COMPLETE, OR FIT FOR YOUR PURPOSE.
AI outputs. AI-generated outputs may be inaccurate, incomplete, or unsuitable for your use case. You are responsible for reviewing and validating all AI outputs before relying on them or transmitting them to third parties.
Compliance not warranted. Arkade AI does not warrant or guarantee that your use of the Service will comply with TCPA, TSR, FTC rules, state laws, or any other applicable regulations. Compliance is your responsibility.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARKADE AI AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, EVEN IF ARKADE AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ARKADE AI'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID ARKADE AI IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).
Some jurisdictions do not allow certain limitations, so portions of this Section may not apply to you.
By Customer. You agree to defend, indemnify, and hold harmless Arkade AI and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
Specifically with respect to TCPA and similar claims: if any third party brings a claim against Arkade AI arising from messages or calls you initiated or caused to be initiated through the Service, you will defend Arkade AI against that claim and pay any resulting damages, settlements, fees, and costs.
By Arkade AI. Arkade AI will defend you against third-party claims that the Service, as provided by Arkade AI and used in compliance with these Terms, infringes a third party's U.S. intellectual property rights, and pay damages finally awarded by a court of competent jurisdiction.
Procedure. The indemnified party must promptly notify the indemnifying party of any claim, give the indemnifying party sole control of defense and settlement, and provide reasonable cooperation. The indemnifying party may not settle a claim that imposes obligations on the indemnified party without the indemnified party's consent.
The Service is not designed or authorized for the processing of regulated sensitive data. You may NOT use the Service to transmit, process, or store:
Use of the Service for any restricted data category is a material breach of these Terms and grounds for immediate termination. You agree to indemnify Arkade AI for any claims, fines, or losses arising from your transmission of restricted data through the Service.
Arkade AI's collection, use, and disclosure of personal information is described in our Privacy Policy, which is incorporated by reference. With respect to personal information of Customers' end users (recipients of communications) that passes through the Service, Arkade AI acts as a service provider/data processor on Customer's behalf and processes such data only on Customer's documented instructions.
A Data Processing Agreement (DPA) is available for Customers who require one for compliance with CCPA or similar laws.
You may not use the Service, and you may not permit any third party to use the Service, to do any of the following. Violation is grounds for immediate suspension and termination.
You may not use the Service to send communications relating to (without limitation):
Arkade AI may, at its sole discretion and without prior notice: (a) remove or block specific content; (b) suspend or terminate your account; (c) disclose information to carriers, regulators, or law enforcement; (d) cooperate fully with TCPA, FTC, or state regulator investigations; (e) report you to TCR, CTIA, or carrier compliance teams. Suspended or terminated Customers may be reported to industry blocklists.
We may modify the Service or these Terms at any time. We will provide reasonable notice of material changes (typically 30 days) through the Service, by email, or by posting an updated version on our website. Your continued use after changes take effect constitutes acceptance. If a change is unacceptable, your sole remedy is to stop using the Service.
Please read this Section carefully.
Before filing any formal claim, you agree to first contact Arkade AI at [email protected] with a detailed description of the dispute. The parties will attempt to resolve the dispute informally for thirty (30) days before any formal proceeding.
Any dispute, claim, or controversy arising out of or relating to these Terms or the Service (including the validity or scope of this arbitration provision) that is not resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and, where applicable, its Consumer Arbitration Rules. The arbitration will be conducted by a single neutral arbitrator. Judgment on the award may be entered in any court having jurisdiction.
You and Arkade AI agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any class or representative proceeding.
You may opt out of this arbitration agreement by sending written notice to [email protected] within thirty (30) days of first accepting these Terms. Your notice must include your name, account email, and a clear statement that you wish to opt out of arbitration.
If the class action waiver is found unenforceable in a particular case, the entirety of this Section 18 will be void for that case and the dispute will proceed in court, but the venue, governing law, and jury-trial-waiver provisions will still apply.
Either party may seek injunctive or equitable relief in court for intellectual property infringement, AUP violations, or breaches of confidentiality, and either party may bring qualifying claims in small-claims court.
To the fullest extent permitted by law, you and Arkade AI each waive the right to a trial by jury for any dispute that proceeds in court.
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. Any dispute not subject to arbitration shall be brought exclusively in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of those courts.
Severability. If any provision is found unenforceable, the remaining provisions remain in full effect, and the unenforceable provision is modified only to the minimum extent necessary.
No waiver. Failure to enforce any right is not a waiver.
No agency. These Terms do not create any agency, partnership, joint venture, or employment relationship between you and Arkade AI.
Assignment. You may not assign these Terms without our prior written consent. Arkade AI may assign these Terms in connection with a merger, acquisition, sale of assets, or by operation of law.
Notices. Notices to Arkade AI must be sent to [email protected]. Notices to you may be sent to the email associated with your account or via in-Service notification.
Entire agreement. These Terms (together with the Privacy Policy, AUP, any applicable order form, and any DPA) constitute the entire agreement between the parties regarding the Service and supersede all prior agreements.
Force majeure. Neither party is liable for delay or failure due to causes beyond reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, government action, internet or telecommunications failures, or epidemic.
Third-party beneficiaries. There are no third-party beneficiaries to these Terms.
Arkade AI Inc.
Legal: [email protected]
General: [email protected]
For privacy details, see our Privacy Policy.