This Terms & Conditions ("Agreement") is entered into by and between Archonite Inc., a corporation organized under the laws of the Republic of the Malta with its principal place of business at Marsa ("Archonite", "We", "Us"), and the entity or person placing an order for or accessing the Service ("Customer", "You").
Agreement Acceptance
BY INDICATING YOUR ACCEPTANCE BY CLICKING "I ACCEPT", EXECUTING AN ORDER FORM THAT REFERENCES THIS AGREEMENT, OR ACCESSING THE ARCHONITE API, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. THIS AGREEMENT IS EFFECTIVE AS OF THE DATE OF YOUR FIRST ACCESS ("EFFECTIVE DATE").
1. Definitions
- "Authorized User" means Customer's employees, consultants, contractors, and agents who are authorized by Customer to access and use the Service.
- "Customer Data" means electronic data, biometrics, logs, and information submitted by or for Customer to the Service, excluding Aggregated Statistics.
- "ePHI" means electronic Protected Health Information as defined under HIPAA.
- "Personal Data" means any information relating to an identified or identifiable natural person ("Data Subject") as defined under GDPR.
- "Malicious Code" means code, files, scripts, agents, or programs intended to do harm, including viruses, worms, time bombs, and Trojan horses.
- "Usage Data" means data and information related to Customer's use of the Service that is used by Archonite in an aggregated and anonymized manner.
2. Access and Use
(a) Provision of Access
Subject to the payment of applicable fees and compliance with this Agreement, Archonite hereby grants Customer a non-exclusive, non-transferable (except in compliance with Assignment rights), non-sublicensable right to access and use the Service during the Service Term. This is a package to a cloud service, not a sale of software.
(b) Documentation License
Archonite grants Customer a non-exclusive, non-sublicensable, non-transferable license to use the Documentation solely for Customer's internal business purposes in connection with its use of the Service.
(c) Suspensions
Archonite may temporarily suspend Customer’s access if: (i) there is a threat or attack on Archonite IP; (ii) Customer’s use disrupts the Service; (iii) Customer is using the Service for fraud or illegal activities; or (iv) Violation of the Acceptable Use Policy (AUP).
(d) Aggregated Statistics
Archonite may compile Aggregated Statistics. As between Archonite and Customer, all right, title, and interest in Aggregated Statistics belong to Archonite. You acknowledge that Aggregated Statistics may be used to train, tune, and improve our Machine Learning models and fraud detection algorithms.
3. Customer Responsibilities
(a) General
Customer is responsible and liable for all uses of the Service resulting from access provided by Customer. Customer is responsible for all acts and omissions of Authorized Users.
(b) Security and Credentials
Customer agrees to maintain "Secret Hygiene". API keys must never be exposed in client-side code, mobile binaries, or public repositories. Customer is responsible for ensuring that access credentials are bound to specific CIDR blocks or domains where configured.
(c) Customer Control and Responsibility
Customer has sole responsibility for: (i) all Customer Data; (ii) ensuring that Customer has obtained all necessary consents (including Biometric Consent under applicable laws such as BIPA, GDPR, or CCPA) from End-Users; and (iii) implementing necessary Input Validation to prevent injection attacks before data reaches Archonite.
4. Fees and Taxes
(a) Billing & Fees
Archonite operates on a pay-per-use model. Customers purchase verification packages in advance and are charged only for successful verifications. Pricing ranges from $0.05 to $3.25 per verification depending on the tier selected (Data Sense, DocuVerify, BioGuard, ComplyScreen, or OmniShield). Minimum package purchases apply. All pre-purchased packages have no expiration date. Failed verifications are not charged.
All Fees are non-refundable once verification packages have been purchased.
(i) Waiver of Withdrawal Right (EU/UK)
If you are a consumer in the EU or UK, you hereby expressly consent to the immediate performance of the contract and acknowledge that you lose your right of withdrawal once verification packages have been purchased and made available for use.
(b) Credit Authorization
Customer authorizes Archonite (and its payment processor, Polar) to verify payment method details and run credit checks as necessary to prevent fraud. Archonite may require a pre-authorization hold.
(c) Taxes
All Fees are exclusive of taxes. Customer is responsible for all sales, use, and excise taxes imposed by any governmental entity.
5. Confidential Information
(a) Scope
"Confidential Information" includes trade secrets, technology, business operations, strategies, pricing, and marketing. Archonite's confidential information includes the API, the SDKs, and the terms of this Agreement.
(b) Protection
The Receiving Party agrees to: (i) not disclose Confidential Information to any third party without prior written consent; and (ii) use it only for performing obligations under this Agreement.
6. Personal Information & DPA
(a) GDPR Compliance & DPA
For Customers operating in the EEA, Archonite acts as a Data Processor. Our Data Processing Agreement (DPA) includes Standard Contractual Clauses (SCCs) and is hereby incorporated by reference. We process Personal Information in accordance with Article 28 of the GDPR.
(b) HIPAA & PHI
Archonite is HIPAA-compliant. For Customers handling ePHI, we will sign aBusiness Associate Agreement (BAA) ensuring all Technical, Administrative, and Physical safeguards (encryption, audit trails, and access controls) are met.
(c) Subprocessors
Customer consents to Archonite's use of the Subprocessors listed on our Subprocessors Page. (e.g., Vercel, Supabase, Google Gemini, Polar). Archonite ensures all subprocessors are bound by data protection obligations consistent with this Agreement.
(d) Data Residency
By default, data is processed in EU-Frankfurt to ensure data sovereignty. The rest are processed in US-East (N. Virginia).
7. Acceptable Use Policy (AUP)
Customer agrees not to use the Service for any Prohibited Activities, including:
- Illegal Activity: Facilitating crime, money laundering, arms dealing, or violating global sanctions (OFAC, UN).
- Identity Fraud: Using Deepfakes, synthetic identities, or injection attacks to bypass liveness detection.
- System Abuse: DoS/DDoS attacks, API cloaking, or distributing malware.
Restricted Businesses: Certain industries (e.g., Gambling, Adult Content, High-Risk Trading) are either prohibited or require enhanced due diligence. Archonite reserves the right to terminate accounts found in violation of these restrictions.
8. Intellectual Property
(a) Archonite IP
Archonite owns all rights, title, and interest in the Service, the AI Models, the Archonite Signed Payload (ASP) Protocol, and the Documentation.
(b) Customer Data
Customer owns all right, title, and interest in the Customer Data.
(c) Feedback
Customer grants Archonite a license to use any feedback or suggestions without any attribution or compensation.
9. Warranties and Disclaimer
(a) Customer Warranty
Customer warrants that it owns all necessary rights to the Customer Data and that its use of the Service complies with all applicable laws (including Privacy Laws).
(b) Disclaimer
THE SERVICE IS PROVIDED "AS IS". ARCHONITE SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ARCHONITE DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED.
10. Indemnification
(a) Archonite Indemnification
Archonite shall indemnify Customer against third-party claims that the Service infringes intellectual property rights, provided Customer uses the Service in accordance with this Agreement.
(b) Customer Indemnification
Customer shall indemnify Archonite against claims arising from Customer Data, violation of AUP, or failure to obtain necessary biometric consents.
11. Limitations of Liability
IN NO EVENT WILL ARCHONITE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, OR LOSS OF DATA OR PROFITS.
ARCHONITE'S AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNTS PAID TO ARCHONITE IN THE TWELVE (12) MONTH PERIOD PRECEDING THE CLAIM.
12. Service Period and Termination
(a) Term
Agreement begins on Effective Date and continues indefinitely on a pay-per-use basis. Customer may terminate at any time. Unused verification packages remain available with no expiration date.
(b) Termination
Archonite may terminate immediately for cause (e.g., AUP violation, insolvency). Upon termination, all Customer Data is deleted after a 30-day grace period in accordance with our Data Retention Policy.
13. Governing Law, Arbitration and Class Action/Jury Waiver
(a) Governing Law
This Agreement is governed by the laws of theRepublic of the Malta (without conflict of laws).
(b) Arbitration
Any dispute shall be resolved by binding arbitration administered by the Malta Competition and Consumer Affairs Authority (MCCAA)in Xewkija. New customers may opt-out within 30 days.
(c) Class Action Waiver
YOU WAIVE YOUR RIGHT TO A TRIAL BY JURY AND AGREE TO BRING ACTIONS ONLY IN YOUR INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY REPRESENTATIVE PROCEEDING.
14. Miscellaneous
(a) Notices
Send legal notices to legal@archonite.xyz and physical mail to: 69 Patri Felicjan Bilocca St Marsa, Malta MRS1521
(b) Export & Sanctions
Customer agrees not to access the Service in violation of any Malta export control laws or global sanctions.
(c) Force Majeure
Archonite is not liable for failure to perform due to causes beyond its reasonable control.
By continuing to use the Archonite Service, you acknowledge that you have read, understood, and agree to be bound by these terms.