Terms of Service

1These terms

These terms are an agreement between you and New Arc ApS — “we”, “us”, “Archetype”. They govern your use of our website, our design sprints, and the Archetype OS platform.

By ordering a sprint, creating an account, or otherwise using the services, you accept these terms. If you are accepting on behalf of a company, you confirm you are authorised to bind it, and “you” means that company.

Where we have signed a separate agreement, statement of work, or order form with you, that document governs to the extent it conflicts with these terms.

Our Privacy Policy explains how we handle personal data and forms part of this agreement.

2Definitions

• Services — the website, the Agentic Brand sprint, the Product Sprint, the Archetype OS platform, and anything else we provide under these terms.
• Platform — Archetype OS: the hosted product where your brand is stored, edited, and served to AI tools, including our MCP server, APIs, and integrations.
• Deliverables — the files and work product we create for you in a sprint: tokens, assets, components, documentation, prototypes, and the ZIP they arrive in.
• Customer Materials — anything you give us or upload: existing brand assets, logos, fonts, copy, references, product data, and account content.
• Output — whatever an AI tool generates when it uses your Deliverables or your Platform content as context.

3Who can buy from us

We sell to businesses. By ordering, you confirm you are acting for purposes relating to your trade, business, or profession, and not as a consumer. Consumer protection rules, including the statutory right of withdrawal, do not apply.

You must be at least 18 and legally able to enter into a contract, and you must not be subject to sanctions or located in a country under an EU or UN embargo.

4Ordering a sprint

You order through our site or by agreeing a scope with us in writing. An order becomes a contract when we confirm it — normally by email, alongside your kickoff date and invoice.

Prices shown on the site are fixed-price offers for a fixed scope. We may correct an obvious pricing error before we confirm an order.

You can reschedule a kickoff once at no cost if you tell us at least five business days in advance. Cancelling a confirmed sprint before kickoff means we keep any deposit paid; cancelling after kickoff means we invoice for the work done up to that point, up to the full fee.

5What we deliver, and when

Agentic Brand

A fixed-scope sprint that rebuilds your brand as structured, agent-readable files. We deliver within two weeks of kickoff, provided you have handed over everything we asked for and reply to questions within two business days.

The sprint includes one round of revisions on the delivered files, raised within 14 days of delivery. Further changes are new work and are quoted separately.

Product Sprint

A one-week focused design pass on the product surfaces we agree in advance, delivered as a working prototype on a live URL. The specific surfaces are scoped together before kickoff and recorded in writing.

Both

Deadlines assume timely input from you. If you are late with materials, approvals, or feedback, the delivery date moves by at least the same amount, and we may need to reschedule into our next available slot.

Anything outside the agreed scope — extra surfaces, additional brands or sub-brands, new deliverable formats — is a change that we will quote before starting.

6What we need from you

• Accurate information at order, and prompt updates if it changes.
• The Customer Materials we ask for, in a usable format, by the date we agree.
• One named decision-maker who can approve work on your side.
• Responses to questions and review requests within two business days during a sprint.
• Your own compliance with the laws that apply to your business and your industry.

7Fees, invoicing, and tax

Fees are in euros (EUR) and exclude VAT and other taxes. Unless we agree otherwise in writing, sprint fees are invoiced in full at order, and platform subscriptions are invoiced in advance for each billing period.

Invoices are due within 14 days. Late payment carries interest at the rate set by the Danish Interest Act (renteloven) plus a reminder fee, and we may pause work or suspend platform access on unpaid invoices after giving you notice.

If you are a VAT-registered business in another EU member state, supply a valid VAT number and we will apply the reverse charge. Customers outside the EU are responsible for any local taxes or withholdings; fees payable to us are net of them.

Fees are non-refundable except where these terms say otherwise or the law requires it. We may change platform pricing with 30 days’ notice, effective at your next renewal.

8The Archetype OS platform

Archetype OS is where your brand lives after a sprint: you edit it in one place, and the AI tools your team uses read it directly through our MCP server and APIs.

Accounts

You are responsible for your workspace: who you invite, what permissions you give them, and everything done under your account or API keys. Keep credentials confidential and tell us immediately if you think they have been compromised.

Early access and changes

Parts of the platform are in early access. They are provided as-is, may change or be withdrawn, and carry no availability commitment or service level unless we have agreed one in writing. We will not remove a generally available feature you depend on without reasonable notice.

Fair use

Platform access, including MCP and API calls, is subject to fair-use limits that we publish or tell you about. We may rate-limit or throttle usage that threatens the stability of the service, and we will contact you before taking anything further.

Your data, in and out

You can export your brand content at any time while your subscription is active. After termination we keep it available for export for 30 days, then delete it in line with our Privacy Policy.

9Acceptable use

You must not, and must not let anyone else:

• upload or serve content you do not have the rights to, or that infringes someone else’s intellectual property;
• impersonate another brand, or use the platform to produce material designed to pass off as someone else;
• upload malware, or anything unlawful, defamatory, or harmful;
• probe, scan, or attempt to breach the service, circumvent rate limits, or access another customer’s workspace;
• resell, sublicense, or provide the platform as a service to third parties without our written agreement; or
• use the service to build a directly competing product, or scrape it at scale.

We may suspend access immediately where use breaks these rules and creates a real risk to us, to other customers, or to someone else’s rights. We will tell you why, and restore access once it is resolved.

10Ownership of the deliverables

Once we have been paid in full, you own the Deliverables we make for you, including the brand assets, tokens, components, and documentation, together with the intellectual property rights in them, to the fullest extent those rights can be transferred.

We keep ownership of everything we bring with us: our methods, templates, internal tooling, code libraries, and general know-how. Where a Deliverable includes any of that, you get a perpetual, worldwide, non-exclusive licence to use it as part of the Deliverable — but not to extract and resell it on its own.

Third-party components — typefaces, stock imagery, open-source libraries — stay under their own licences. We will tell you which apply and what you need to license directly.

We would like to show the work: unless you tell us otherwise in writing, we may reference your name and logo and show non-confidential parts of the Deliverables in our portfolio and marketing after they are public.

11Your materials and content

You keep all rights in your Customer Materials and in the content in your workspace. You grant us a non-exclusive, worldwide licence to host, copy, process, adapt, and transmit them — only as needed to provide the services to you, and for as long as we provide them.

You confirm that you have the rights to everything you give us, and that our using it as agreed will not infringe anyone else’s rights or break any law.

We do not use your content to train AI models, and we do not share it with other customers.

12AI output and your responsibility

The point of the Deliverables and the platform is that AI tools generate on-brand work from them. Those tools are not ours, and the Output is not ours either.

• We do not control, review, or guarantee Output. It can be wrong, inconsistent, or unsuitable, however good the context we supply.
• Output may not be protected by copyright in every jurisdiction, and may resemble other material.
• Before you publish, sell, or rely on Output, review it — for accuracy, for legal and regulatory compliance, and for third-party rights including trademarks.
• You are responsible for anything you publish that was generated using your brand files, and for the terms of the AI tools your team chooses to use.

We do not carry out trademark clearance or freedom-to-operate searches as part of a sprint unless we have agreed to in writing. Get your own advice before adopting a new name or mark.

13Confidentiality

Each of us may learn confidential information about the other. We will each use it only to perform this agreement, protect it with at least reasonable care, and not disclose it except to people who need it and are under equivalent duties.

This does not apply to information that is public through no fault of the receiver, was already known without a duty of confidence, or is independently developed — or where disclosure is legally required, in which case the receiver gives notice where it lawfully can.

These obligations last for three years after the agreement ends, and indefinitely for anything that qualifies as a trade secret.

14Warranties and disclaimers

We warrant that we will perform the services with reasonable skill and care, in a professional manner, by people competent to do the work.

Beyond that, and to the extent the law allows, the services and the platform are provided “as is” and “as available”. We do not warrant that the service will be uninterrupted or error-free, that it will work with every third-party tool, or that it will achieve a particular commercial result. Design and brand work involves judgement, and results depend on how you use what we deliver.

Nothing in these terms excludes any warranty or right that cannot be excluded under Danish mandatory law.

15Liability

Neither of us is liable for indirect or consequential loss, or for loss of profit, revenue, goodwill, anticipated savings, business opportunity, or data — even if the loss was foreseeable.

Our total liability arising out of or in connection with this agreement, whether in contract, tort (including negligence), or otherwise, is capped at the total fees you paid us in the 12 months before the event giving rise to the claim.

These limits do not apply to liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, for gross negligence or wilful misconduct, for your obligation to pay fees, or to anything else that cannot be limited under Danish law.

You must bring any claim within 12 months of becoming aware of the circumstances giving rise to it.

16Indemnity

You will indemnify us against claims, damages, and reasonable costs arising from your Customer Materials, your content, your use of Output, or your breach of the acceptable use rules — provided we tell you about the claim promptly, let you control its defence, and give you reasonable assistance at your cost.

17Term, suspension, and termination

A sprint agreement runs until the Deliverables are handed over and paid for. A platform subscription runs for the billing period you chose and renews automatically unless cancelled before the period ends.

You can cancel a subscription at any time, effective at the end of the current period. We do not refund the remainder of a paid period unless we are at fault.

Either of us may terminate immediately on written notice if the other commits a material breach and does not fix it within 30 days of being asked, or becomes insolvent or enters bankruptcy or restructuring proceedings.

On termination: your access ends, any fees accrued up to that date fall due, you have 30 days to export your content, and the sections on ownership, confidentiality, liability, indemnity, and governing law survive.

18Changes to the services and these terms

We keep developing the services, so features will be added, changed, and sometimes retired. We will not make a change that materially reduces the core functionality you pay for without giving you at least 30 days’ notice.

We may update these terms. For material changes we will give at least 30 days’ notice by email or in the product. If you do not accept a change, you may terminate before it takes effect; continuing to use the services after that date means you accept the new terms.

19General

• Independent contractors. Nothing here creates a partnership, agency, or employment relationship.
• Assignment. Neither of us may assign this agreement without the other’s consent, except to a successor of the business.
• Subcontracting. We may use subcontractors, and stay responsible for their work.
• Force majeure. Neither of us is liable for delay or failure caused by events outside our reasonable control, including outages at the providers we rely on.
• Notices. Written notices go to the email address on your account, and to us at the contact details in section 21.
• Severability. If a provision is unenforceable, the rest stands and the provision is read down to what is enforceable.
• No waiver. Not enforcing a right does not waive it.
• Entire agreement. These terms, any order form or statement of work, and our Privacy Policy are the whole agreement between us on this subject.
• No third-party rights. Only you and we can enforce this agreement.

20Governing law and disputes

This agreement is governed by Danish law, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods.

We will try to resolve any dispute informally first — email us and we will talk. If that fails, the courts of Copenhagen, Denmark have exclusive jurisdiction.

21Contact

Questions about these terms: lucas@newarc.io.

See also our Privacy Policy.