Terms of services

www.arkanecloud.com

Last Updated: August 26th 2025

AGREEMENT TO TERMS

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Arkane SARL (“Arkane Cloud”, “we”, “us”, or “our”), concerning your access to and use of the arkanecloud.com website, our AI services, GPU computing resources, and any related applications, APIs, or services (collectively, the “Services”). By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Service, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Service to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of the Services after the date such revised Terms of Service are posted.

The Services are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

SERVICE DESCRIPTION

Arkane Cloud provides:

  • AI as a Service (AIaaS): Access to artificial intelligence models, inference endpoints, and machine learning capabilities.
  • GPU as a Service (GPUaaS): On-demand GPU computing resources for computational workloads.
  • Associated tools and APIs: Development tools, monitoring dashboards, and integration capabilities.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Services are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Services (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of France, the European Union, and international conventions. The Content and the Marks are provided on the Services “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Service, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Services, you are granted a limited license to access and use the Services and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Services, the Content and the Marks.

AI-Generated Content and Model Ownership

  • Your Models: You retain ownership of any AI models you upload, train, or fine-tune using our Services.
  • Generated Content: You own the output generated by AI models when using your own models or prompts, subject to third-party model licenses.
  • Platform Models: Output from Arkane Cloud’s proprietary models is provided under license for your use according to your subscription plan.

USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Service; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, except through our official API or as otherwise authorized; (6) you will not use the Services for any illegal or unauthorized purpose; (7) your use of the Services will not violate any applicable law or regulation; (8) you will comply with all applicable export control laws and regulations regarding high-performance computing resources; (9) you have the necessary rights to any data, models, or content you upload to our Services.

USER REGISTRATION

You are required to register with the Services. You agree to keep your password and API keys confidential and will be responsible for all use of your account, passwords, and API keys. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

ACCEPTABLE USE POLICY

Permitted Uses

The Services may be used for:

  • Legitimate research and development
  • Commercial applications in compliance with these Terms
  • Educational and academic purposes
  • Any lawful computational workloads

Prohibited Activities

You agree not to use the Services to:

  1. Generate, process, or distribute illegal content or facilitate illegal activities
  2. Create deepfakes or synthetic media for deceptive purposes without clear disclosure
  3. Develop or deploy AI systems designed to cause harm to individuals or groups
  4. Mine cryptocurrency
  5. Conduct activities that violate export control regulations on high-performance computing
  6. Train models on copyrighted content without appropriate licenses
  7. Attempt to extract, reverse-engineer, or reproduce our proprietary models
  8. Circumvent safety measures, content filters, or usage limits
  9. Engage in activities that could harm minors
  10. Generate content that violates the rights of third parties
  11. Create or distribute malware, viruses, or other harmful code
  12. Conduct unauthorized vulnerability testing or security research
  13. Resell, lease, or sublicense our Services without prior written consent
  14. Use the Services for surveillance without appropriate legal authorization
  15. Generate medical diagnoses without appropriate disclaimers and professional oversight
  16. Create content promoting self-harm, violence, or illegal activities
  17. Manipulate or interfere with elections or democratic processes
  18. Systematically retrieve data to create competing services
  19. Exceed rate limits or attempt to bypass usage restrictions
  20. Use the Services in violation of economic sanctions or embargoes
  21. Host or distribute content that violates French or EU law
  22. Create multiple accounts to circumvent service limitations (except for legitimate business purposes)
  23. Use Services for military weapons development or autonomous weapons systems
  24. Generate or process biometric data without appropriate legal basis under GDPR
  25. Conduct mass surveillance or profiling in violation of privacy laws

USAGE AND BILLING

Billing Structure

  • GPU Hours: Billed per second of actual usage, minimum 1 minute
  • AI Inference: Billed per token, request, or compute second depending on model
  • Storage: Billed per GB-second for model and data storage

Payment Terms

  • Payment is due upon invoice receipt
  • Payment is due with top-up to increase account’s wallet.
  • All prices are exclusive of VAT unless stated otherwise

DATA PROTECTION AND PRIVACY

We care about data privacy and security. By using the Services, you agree to be bound by our Privacy Policy and Data Processing Agreement, which are incorporated into these Terms of Service.

GDPR Compliance

As a French company, we comply with the General Data Protection Regulation (GDPR) and French data protection laws. We act as:

  • Data Controller for account and usage information
  • Data Processor for data you process through our Services

Data Location and Transfer

  • Primary data centers are located within the European Union
  • Data transfers outside the EU are conducted under appropriate safeguards (Standard Contractual Clauses)

Data Security

  • All data is encrypted in transit and at rest
  • Security incident notification within 72 hours as required by GDPR

AI-SPECIFIC TERMS

Model Safety and Ethics

  • You are responsible for implementing appropriate safety measures in your AI applications
  • We reserve the right to implement safety filters on our platform models
  • You must provide clear disclosure when content is AI-generated where required by law

Liability for AI Outputs

  • We do not guarantee the accuracy, completeness, or reliability of AI-generated content
  • You are solely responsible for reviewing and verifying AI outputs before use
  • AI outputs should not be relied upon for critical decisions without human review

Training Data

  • You represent that you have the right to use any training data uploaded to our Services
  • We do not claim ownership of your training data
  • You are responsible for compliance with data protection laws regarding training data

TERM AND TERMINATION

These Terms of Service shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF SERVICE OR OF ANY APPLICABLE LAW OR REGULATION.

Termination Procedures

  • Either party may terminate with 30 days written notice
  • Immediate termination for material breach or illegal use
  • Upon termination, you have 30 days to export your data and models
  • Prepaid credits are non-refundable except as required by law

Post-Termination

  • Your data will be deleted 60 days after termination
  • You may request immediate deletion
  • Aggregated and anonymized data may be retained

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.

GOVERNING LAW

These Terms of Service are governed by and construed in accordance with the laws of France, without regard to its conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Lyon, France.

For consumers residing in the European Union, you additionally possess the protection provided to you by mandatory provisions of the law of your country of residence, and you may bring proceedings in the courts of your country of residence.

DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Service (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating formal proceedings. Such informal negotiations commence upon written notice from one Party to the other Party.

Mediation

If informal negotiations fail, parties agree to attempt mediation through the Paris Centre for Mediation and Arbitration before proceeding to litigation.

Jurisdiction

Any disputes not resolved through informal negotiation or mediation shall be submitted to the exclusive jurisdiction of the commercial courts of Paris, France.

Consumer Protection

In accordance with French Consumer Code, consumers have the right to use the European Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT:

  • The accuracy or reliability of AI-generated content
  • The suitability of GPU resources for specific workloads
  • The compatibility of our Services with your specific requirements
  • The uninterrupted or error-free operation of the Services

LIMITATIONS OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ARKANE CLOUD BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF ARKANE CLOUD SHALL NOT EXCEED THE GREATER OF ONE HUNDRED EUROS (€100) OR THE AMOUNT YOU HAVE PAID ARKANE CLOUD IN THE PAST TWELVE MONTHS.

THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ARKANE CLOUD AND YOU.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Arkane Cloud and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

(1) your use of and access to the Services, including any data or content transmitted or received by you; (2) your violation of any term of these Terms of Service; (3) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (4) your violation of any applicable law, rule, or regulation; (5) any claim or damages that arise as a result of any AI-generated content or GPU computations you create using the Services; (6) any other party’s access and use of the Services with your unique username, password, or other appropriate security code.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing.

MISCELLANEOUS

These Terms of Service and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision.

If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions.

CONTACT US

To resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Arkane SARL
120 route de trêve Oray, 69270, Cailloux sur fontaines, France
Email: support @ arkanecloud.com

These Terms of Service were last updated on 26/08/2025

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