◆ 1. Acceptance of Terms
By creating an account, accessing our platform, or using any Arctactic service, you ("Customer," "you," or "your") agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and any applicable Order Forms or addenda. These Terms form a legally binding agreement between you and Zentrio (Pty) Ltd (operating as Arctactic, Registration Number: 2026/489361/07), a company incorporated in South Africa.
If you are using Arctactic on behalf of a company or other legal entity, you represent that you have authority to bind that entity to these Terms. If you do not have such authority, or do not agree with these Terms, you must not use the platform.
◆ 2. Eligibility
Arctactic is a business-to-business (B2B) platform. You must meet the following eligibility requirements to use the platform:
- Minimum Age: You must be at least 18 years old and have the legal capacity to enter into contracts in your jurisdiction. In the UAE, the minimum legal contracting age is 21 years unless you are an emancipated minor.
- Legal Authority: You must have the authority to bind yourself or your company to these Terms.
- Compliance: Your use of Arctactic must not violate any applicable law or regulation, including those of your country of residence or incorporation.
Individual consumers and persons below the applicable minimum age are not permitted to create accounts. We reserve the right to verify eligibility and suspend accounts that do not meet these requirements.
◆ 3. Accounts & Access
You must provide accurate, current, and complete information when registering an account and keep it updated. You are responsible for:
- Maintaining the confidentiality of your login credentials
- All activity that occurs under your account or workspace
- Promptly notifying us of any unauthorised access at security@arctactic.com
- Ensuring all authorised users in your workspace comply with these Terms
Identity and access management is provided by WorkOS. Arctactic supports Multi-Factor Authentication (MFA), which we strongly recommend enabling on all accounts.
◆ 4. AI Agent Services
Arctactic provides AI workforce automation tools, including:
- Archie (CRM AI): Database automation, lead routing, and pipeline management
- Voice AI: Outbound and follow-up calling via telephony integrations
- Marketing AI: Email sequence generation, campaign management, and audience targeting
- Analytics AI: Sales forecasting, performance reporting, and revenue analytics
All AI agents execute operations based solely on the documentation, FAQs, rules, and pipeline configurations you provide. You are solely responsible for reviewing, testing, and approving all agent scripts, messages, and automation rules before deployment to your contacts.
AI Act Transparency (EU): Where required by the EU AI Act (Regulation (EU) 2024/1689) or similar legislation, you agree to clearly disclose to end-users when they are interacting with an AI system (e.g., during Voice AI outbound calls or automated chat sequences) and ensure human oversight mechanisms are in place for high-risk or significant automated decisions.
UAE AI Governance: Users in the UAE must comply with the UAE AI Ethics Principles and any applicable regulations issued by UAE authorities regarding the deployment of AI systems in commercial communications.
Arctactic makes no guarantee that AI-generated outputs (call scripts, emails, CRM recommendations) are accurate, legally compliant with your specific industry, or suitable for your particular use case. You are responsible for ensuring compliance with all applicable laws governing your outreach activities in your jurisdiction.
◆ 5. Acceptable Use Policy
You agree not to use Arctactic to:
- Transmit spam, unsolicited communications, or messages in violation of CAN-SPAM (US), CASL (Canada), PECR (UK), the Spam Act 2003 (Australia), POPIA (South Africa), UAE Electronic Transactions Law, or other applicable anti-spam laws
- Contact individuals on Do-Not-Call (DNC) registries without lawful consent in any applicable jurisdiction
- Engage in deceptive, fraudulent, or misleading communications
- Violate any third party's privacy, intellectual property, or other rights
- Attempt to reverse-engineer, decompile, or extract proprietary AI models or source code
- Use the platform to store or transmit malicious code, malware, or harmful content
- Circumvent any platform security measures, rate limits, or access controls
- Resell or sublicense access to the platform without written consent from Arctactic
- Use the platform for any unlawful purpose or in violation of any applicable regulation
- Data Scraping & Enrichment: When using third-party data extraction, web scraping, or enrichment tools in conjunction with our AI agents, you warrant that you have the legal right, consent, or legitimate interest to extract and use such data in accordance with all applicable data protection laws in each relevant jurisdiction
- Use the platform in a manner that would constitute a violation of the Consumer Protection Act 68 of 2008 (South Africa), the Australian Consumer Law (Competition and Consumer Act 2010, Sch. 2), or equivalent consumer protection legislation in any applicable jurisdiction
Violation of this Acceptable Use Policy may result in immediate account suspension or termination without refund.
◆ 6. Communications Law Compliance
You are solely responsible for complying with all laws applicable to your communications in your jurisdiction. This includes but is not limited to:
🇺🇸 United States
- TCPA (47 U.S.C. § 227): You must obtain all legally required prior express written consent before using Voice AI to contact any individual via automated calling or SMS. Arctactic does not pre-screen contact lists for TCPA compliance.
- CAN-SPAM Act: All email campaigns generated by Marketing AI must include a valid physical postal address, a functioning unsubscribe mechanism, and must not use deceptive subject lines. You are responsible for honouring unsubscribe requests within 10 business days.
- Do-Not-Call (DNC): You are responsible for maintaining and scrubbing your contact lists against the National Do Not Call Registry and applicable state DNC lists before enabling Voice AI outreach.
🇬🇧 United Kingdom
- PECR (Privacy and Electronic Communications Regulations 2003): You must have prior consent for electronic marketing to individuals. Soft opt-in may apply for existing customers. You must honour opt-out requests promptly.
- UK GDPR: If contacting individuals in the UK, you must have a lawful basis for processing their data and for electronic marketing.
🇪🇺 European Union
- ePrivacy Directive / GDPR: You must have prior consent for electronic marketing to individuals. You must provide clear opt-out mechanisms and honour them immediately.
- EU AI Act: For high-risk AI applications, you must implement human oversight, maintain logs, and disclose AI interaction to end-users.
🇦🇺 Australia
- Spam Act 2003: Commercial electronic messages must have consent (express or inferred), identify the sender, and include a functional unsubscribe mechanism that is honoured within 5 business days.
- Do Not Call Register Act 2006: You must screen against the Australian Do Not Call Register before initiating telemarketing calls.
- Privacy Act 1988 / APPs: You must have a lawful basis to collect and use contact information for outreach.
🇦🇪 UAE
- UAE Electronic Commerce Law (Federal Law No. 1 of 2006): Commercial communications must comply with UAE anti-spam requirements. Recipients must be able to opt-out of commercial messages.
- Telecommunications Regulatory Authority (TRA) Rules: You must comply with TRA guidance on unsolicited commercial communications.
🇿🇦 South Africa
- POPIA (Section 69): You may only send unsolicited electronic marketing to individuals who have given consent, or to existing customers for similar products/services. You must provide a mechanism to opt-out and honour it.
- Electronic Communications and Transactions Act 25 of 2002: Unsolicited commercial communications must be clearly identified and include opt-out provisions.
🇨🇦 Canada
- CASL (Canada's Anti-Spam Legislation): You must obtain express or implied consent before sending commercial electronic messages to Canadians, and honour opt-out requests within 10 business days.
Arctactic provides the technical infrastructure for AI-driven communications. All compliance obligations with respect to your contact lists, consent records, and messaging content remain with you as the Data Controller.
◆ 7. Billing & Subscription
Subscription Fee: Arctactic is billed at $497 USD per month or $4,970 USD per year, charged in advance on the recurring cycle you select. Paddle is the Merchant of Record and processes subscription payments.
Paddle Merchant of Record: Our order process for purchases processed through Paddle is conducted by our online reseller, Paddle.com. For those transactions, Paddle.com is the Merchant of Record and handles checkout, payment processing, tax calculation and remittance, invoices, receipts, and payment-related support. Product access and technical support are provided by Arctactic under these Terms.
Free Trial: We offer a 3-day free trial with payment details required at signup. Unless you cancel before the trial ends, your selected subscription begins automatically and Paddle charges the payment method provided.
Telephony Usage: Outbound call minutes and SMS messages consumed by Voice AI are billed separately based on actual usage at applicable per-minute or per-message rates disclosed at the time of enablement. These charges are in addition to the monthly subscription fee.
Payment Failure: If your payment fails, we will notify you and attempt to retry the charge. If payment is not resolved within 7 days, your account may be suspended. Access will be restored upon successful payment.
Taxes: Prices exclude applicable VAT, GST, sales tax, or equivalent unless shown otherwise at checkout. As Merchant of Record, Paddle calculates, collects, and remits applicable transaction taxes.
Price Changes: We may change subscription pricing with at least 30 days' advance notice by email. Continued use after the effective date constitutes acceptance.
◆ 8. Intellectual Property
Arctactic's IP: All rights, title, and interest in the Arctactic platform, AI models, software, interfaces, branding, and documentation remain exclusively with Zentrio (Pty) Ltd, protected under South African intellectual property law and applicable international IP conventions. These Terms grant you a limited, non-exclusive, non-transferable, revocable licence to use the platform solely for your internal business purposes during your active subscription.
Feedback: Any feedback, suggestions, or ideas you provide regarding the platform may be used by Arctactic freely and without compensation, to the fullest extent permitted by applicable law.
◆ 9. Your Data & Content
You retain full ownership of all data, CRM records, documents, contact lists, and content you upload or create within your Arctactic workspace ("Customer Data"). You grant Arctactic a limited licence to process and use Customer Data solely to operate the platform and deliver the services to you.
Arctactic will not use your Customer Data (including call transcripts, documents, or CRM records) to train, fine-tune, or improve any public or shared AI models.
Upon account cancellation, you have 90 days to export your Customer Data. After this period, we will delete your data in accordance with our Privacy Policy.
◆ 10. Disclaimers
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ARCTACTIC EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that: (a) the platform will be uninterrupted, error-free, or secure; (b) AI-generated outputs will be accurate, complete, or legally compliant; or (c) any defects will be corrected.
Australian Consumer Law Carve-Out: Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy conferred by the Australian Consumer Law (Competition and Consumer Act 2010, Sch. 2) that cannot be excluded, restricted, or modified by agreement. To the extent permitted by law, our liability for breach of any such non-excludable guarantee is limited to re-supplying the services or paying the cost of having the services re-supplied.
UK Consumer Rights Carve-Out: Nothing in these Terms affects any rights you may have under the Consumer Rights Act 2015 (UK) or other applicable UK consumer protection legislation that cannot be excluded by agreement. Note that Arctactic is a B2B platform and these provisions apply only to the extent you qualify as a consumer under applicable UK law.
◆ 11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ARCTACTIC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY:
- Indirect, incidental, special, consequential, or punitive damages
- Loss of profits, revenue, data, business, or goodwill
- Damages resulting from CRM pipeline errors, Voice AI connectivity failures, or database sync delays
- Regulatory fines or penalties arising from your failure to comply with TCPA, CAN-SPAM, GDPR, POPIA, PDPL, APPs, or other laws
- Third-party claims arising from your use of AI agent outputs
IN NO EVENT SHALL ARCTACTIC'S TOTAL AGGREGATE LIABILITY EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO ARCTACTIC IN THE 3 MONTHS PRECEDING THE CLAIM, OR (B) $100 USD (OR EQUIVALENT IN YOUR LOCAL CURRENCY).
Jurisdiction-Specific Notes:
- South Africa: Nothing in this section limits liability for gross negligence or fraud.
- Australia: Nothing excludes liability that cannot be excluded under the Australian Consumer Law or other mandatory statute.
- UK: Nothing excludes liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded under UK law.
- EU: Liability limitations apply to the maximum extent permitted by applicable EU member state law.
- UAE: Liability exclusions apply to the extent permitted by UAE Federal Law.
◆ 12. Indemnification
You agree to indemnify, defend, and hold harmless Zentrio (Pty) Ltd and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:
- Your use of the platform in violation of these Terms
- Your violation of any applicable law, including TCPA, CAN-SPAM, GDPR, POPIA, CCPA, UAE PDPL, Australian Privacy Act, or any other applicable data protection or communications law
- Your AI agent pipeline configurations or Customer Data
- Any claim by a third party arising from communications sent using Voice AI or Marketing AI under your account
◆ 13. Termination
By You: You may cancel your subscription at any time by navigating to Settings → Billing → Cancel Subscription in your console, or by emailing billing@arctactic.com. Access continues until the end of the current billing period. No pro-rated refunds are provided for unused days, subject to our Refund Policy.
By Arctactic: We may suspend or terminate your account immediately, without prior notice or liability, if we determine that you have violated these Terms, engaged in illegal activity, failed to pay fees, or pose a security risk to the platform or other users.
Upon termination, your right to access the platform ceases immediately. Provisions that by their nature should survive termination (including Sections 8, 10, 11, 12, and 14) will survive.
◆ 14. Disputes & Governing Law
These Terms are governed by the laws of the Republic of South Africa (including POPIA, the Companies Act 71 of 2008, and the Electronic Communications and Transactions Act 25 of 2002), without regard to its conflict of law principles.
Any dispute arising from or relating to these Terms or the platform shall first be addressed through good-faith negotiation. If unresolved within 30 days, disputes shall be submitted to binding arbitration administered by the Arbitration Foundation of Southern Africa (AFSA) under its Commercial Rules, with proceedings conducted in English in South Africa. The award shall be final and binding.
Class Action Waiver: To the extent permitted by applicable law, you waive any right to participate in a class action lawsuit or class-wide arbitration against Arctactic. This waiver does not apply in jurisdictions where such waivers are not enforceable.
EU/UK Exception: Nothing in this section prevents EU or UK users from bringing claims before their local courts, asserting mandatory rights under applicable EU or UK consumer or data protection law, or filing complaints with EU/UK supervisory authorities.
Australian Exception: Nothing in this section prevents Australian users from exercising their rights under the Australian Consumer Law or other mandatory Australian legislation, or filing complaints with the ACCC or relevant state consumer authority.
UAE Exception: UAE users may bring disputes before UAE courts to the extent required by UAE Federal Law or DIFC Courts if applicable to their relationship with us.
◆ 15. Jurisdiction-Specific Legal Rights
Certain jurisdictions provide mandatory rights that cannot be excluded by these Terms. In addition to the carve-outs in Sections 10 and 11:
- South Africa — Consumer Protection Act 68 of 2008: Where you qualify as a consumer under the CPA, you retain all rights thereunder, including the right to fair, honest, and transparent dealing, the right to fair, reasonable, and just contract terms, and the right to cancel fixed-term agreements on notice.
- Australia — Australian Consumer Law (ACL): You have non-excludable statutory guarantees regarding services, including that they will be rendered with due care and skill and be reasonably fit for purpose. We cannot exclude these guarantees and our liability for breach of them is limited as set out in Section 10.
- UK — Consumer Rights Act 2015: As a B2B platform, the CRA generally does not apply, but where it does (e.g., to sole traders classified as consumers), you retain all applicable statutory rights.
- EU — Applicable Consumer Directives: EU residents retain all rights under applicable EU consumer protection directives to the extent they apply to B2B SaaS services.
- UAE — Consumer Protection Law (Federal Decree-Law No. 5 of 2023): UAE users retain applicable rights under UAE consumer protection legislation.
◆ 16. Changes to These Terms
We may revise these Terms at any time. For material changes, we will provide at least 14 days' advance notice by email. The updated Terms will be posted on this page with a revised "Last Updated" date. Your continued use of the platform after the effective date constitutes acceptance of the revised Terms.
◆ 17. Contact
For legal questions regarding these Terms, contact:
- Email: legal@arctactic.com
- Product support: support@arctactic.com
- Billing inquiries: billing@arctactic.com
- Paddle buyer support: paddle.net
- Registered Entity: Zentrio (Pty) Ltd, Registration No. 2026/489361/07, South Africa