Terms of use

This document records an agreement between ARCUS AI PTY LTD, ACN 697 547 505, ABN 82 697 547 505, an Australian proprietary company in New South Wales, and the person reading this page. Throughout the document, the company is called Arcus or the company, and the reader is called you.

It reaches arcusai.fyi and everything served from that domain. It takes effect for you when a page loads, without a click or a signature, in the ordinary way that terms published on a website bind a person who reads it. Where you would rather not be bound, the remedy is to close the page, and nothing at all is lost by taking it, since no part of this site is gated, purchased or subscribed to.

Arcus is a trading name of ARCUS AI PTY LTD. There is no second entity behind the name and no other company holds anything published here.

This clause comes early because every clause after it is read against the answer. What this website supplies is writing: an account of how retrieval quality is measured, the definitions the company works from, the boundary the tooling keeps, and a way to reach a person about any of it.

Nothing published on these pages constitutes an offer that a reader could accept so as to form a contract, and nothing here fixes a date, a price or a scope for work that has not been quoted in writing. Clause 6 records how much weight each class of statement on this site will bear. Where a definition or a measure is stated incorrectly on a page, that is a defect in the drafting rather than a claim, and reporting it to the address below is genuinely useful.

The site carries no ordering facility, no account, no subscription and no payment path. Nothing is charged for and no fee is quoted, so there is no billing arrangement between us and no refund mechanism to describe. Where the position changes, clause 7 records what will already be true of the terms that govern it.

Nothing in this document operates to exclude, restrict or modify a right, guarantee, warranty, condition or remedy conferred by the Australian Consumer Law, being Schedule 2 to the Competition and Consumer Act 2010 (Cth), or by any other law where exclusion would itself be unlawful. This clause prevails over every other clause in this document, including the allocation of risk in clause 11, and it is placed here rather than in a closing paragraph so that it is read before the clauses it overrides.

Guarantees that survive any contrary term

Where you acquire goods or services as a consumer within the meaning of section 3 of that Law, the statutory guarantees apply of their own force and no agreement can remove them.

• Section 60 guarantees that services are rendered with due care and skill.
• Section 61 guarantees that services, and any product resulting from them, are reasonably fit for a purpose the consumer made known.
• Section 62 guarantees supply within a reasonable time where no time has been fixed by the contract.
• Sections 54 and 56 guarantee that goods are of acceptable quality and that they correspond with the description under which they were supplied.

Section 64 renders void any term purporting to exclude, restrict or modify those guarantees or the liability attaching to a failure to comply with them. Section 29(1)(m) makes it an offence to represent that a supply comes with a right or remedy it does not have, and the same exposure attends a supplier who tells a consumer that the guarantees have been contracted away. The guarantees are therefore set out rather than gestured at.

Entitlements when a guarantee is not met

Where a failure to comply with a guarantee is major, a consumer may terminate the contract and recover a refund for any part not consumed, or instead keep the supply and recover compensation for the drop in value below the price paid. Where the failure is not major, the consumer is entitled to have it remedied within a reasonable time, and may terminate and recover a refund if it is not. Compensation for reasonably foreseeable loss caused by the failure is available in addition to either route.

Those entitlements sit above this document rather than inside it. They are recorded now, before anything is supplied, so that they are already part of the arrangement when supply begins instead of being introduced at the moment they become inconvenient.

The licence granted to a reader is broad and requires no application to us.

• Read any page, as often as you like, from anywhere.
• Print a page, save it, or archive it for your own reference.
• Quote from it in your own writing, in public or in private, with attribution and a link back to the page quoted.
• Link to any page here from anywhere, without asking and without a reciprocal arrangement.
• Crawl the site at an ordinary rate. The robots file at the root sets out what is welcome, and indexing is welcome.
• Disagree with it in public, at length, and without notifying us first, although a note to the address below would be read with interest.

None of those permissions is revocable at whim for an individual reader. They describe how a published document is ordinarily used, and stating them removes any doubt that ordinary use is intended.

What follows sits outside what has been permitted, and doing any of it is a breach of this agreement as well as, in most cases, of the general law.

• Interfering with the operation of the site, or probing, scanning or attempting to reach any part of the infrastructure that is not published to the public.
• Automated retrieval at a volume or frequency that degrades the service for other readers, or that ignores the directions in the robots file.
• Reproducing a substantial part of this site as though it were your own composition, or presenting an altered version of the text as ours.
• Deploying the company name, the mark in the header or the wording of these pages so as to suggest an endorsement, an affiliation or a supply relationship that has never existed.
• Using the site in the course of conduct that is unlawful, or that would place the company in breach of a law binding on it.

No account exists here to suspend, so enforcement means technical blocking or a legal remedy. In practice the first step is an email, and an email in the other direction usually settles the matter without the second step.

This site sets out a technical position, a set of definitions and an account of what the tooling does. It is written with care and remains capable of being wrong in the ordinary ways writing is wrong, so the weight each class of statement carries is recorded here rather than left to the reader to guess.

Subject in every respect to clause 3, the site is made available as it stands, and no undertaking is given that it will be continuously reachable or free from defect. Where a definition here is stated incorrectly, tell us and the page is corrected rather than defended.

Evaluation tooling supplied under this name carries its own licence and, where it is supplied commercially, its own supply agreement. Those documents govern that software and this one does not. Four terms are settled here regardless of what any such agreement says, so that a reader can hold the company to them before a negotiation starts rather than after one.

• The full text of any licence or supply agreement is readable before anything is installed, downloaded or agreed to, rather than presented after the fact or behind a click.
• A change to the terms of a paid supply is notified before it begins to operate, and the notice carries a route to stop paying and leave without penalty.
• The data boundary described on this site and in clause 22 of the privacy policy is a contractual term of any supply, enforceable by the customer, rather than a description on a marketing page.
• No licence issued by this company purports to exclude a consumer guarantee, for the reasons already given in clause 3.

Those four are recorded in this document, which the company does not get to renegotiate at the point of sale. That is the whole reason they sit here rather than in the agreement they govern.

Copyright in the text, the structure, the stylesheet, the markup, the icon and the arrangement of these pages belongs to ARCUS AI PTY LTD or is used with the permission of the owner, and subsists under the Copyright Act 1968 (Cth). The typefaces are the work of their own authors and are used under the open licences those authors published them with.

The permissions in clause 4 are the practical answer to most questions about reuse: quote it, link to it, print it. Wholesale reproduction as your own material is the thing that is not permitted, and the line between the two is the ordinary line that applies to any published writing. A quotation will not be the subject of a complaint from us.

Arcus is used as a trading name of the company. No registered trade mark status is asserted anywhere on this site, and none should be read into the use of the name or the mark in the header.

Names of products, services and organisations belonging to other people appear on this site for identification and description only. They remain the property of whoever owns them. Their presence signals no affiliation, sponsorship, approval or partnership running in either direction, and none should be inferred by a reader or asserted by anyone else.

Links leaving this site are provided because the destination is useful. The company has no control over what sits at the other end of a link, does not monitor those destinations for change, and takes no responsibility for their content, their accuracy or their own handling of your information. A link is a pointer and not an endorsement.

Personal information is handled under the privacy policy, which is written to the Privacy Act 1988 (Cth) and the Australian Privacy Principles and which forms part of this agreement.

Stated briefly so that this clause is useful without a second page open: the site has no account system and no form that submits anywhere, no measurement or advertising technology runs on it, nothing is written to your device by code belonging to this site, and the only personal information the company holds is the correspondence sent to it together with the request logs generated by the provider that serves these pages. Where this summary and the policy appear to differ, the policy governs, and the difference is a defect worth reporting to [email protected].

This clause operates subject to clause 3 in every respect. Where anything in it conflicts with a right conferred on you by the Australian Consumer Law, that right prevails and this clause is read as though the conflicting words had been struck out.

Subject to that, and to the extent the law permits, the company is not liable for indirect or consequential loss, nor for loss of revenue, of profit, of goodwill, of anticipated savings or of data, however arising out of your use of or reliance on this website. Where liability may lawfully be limited rather than excluded, and the supply is not of a kind ordinarily acquired for personal, domestic or household use or consumption, liability is limited under section 64A of the Australian Consumer Law to supplying the services again or to paying the cost of having them supplied again.

Nothing in this document limits liability for fraud, for fraudulent misrepresentation, or for personal injury or death resulting from negligence, or for any other liability that cannot lawfully be limited or excluded.

The law of New South Wales governs this agreement and any dispute arising out of or in connection with it, including a dispute about its formation or validity. The courts of New South Wales, and the courts competent to hear appeals from them, have jurisdiction over such a dispute, and that jurisdiction is not exclusive.

Neither party gives up a right conferred by a law of the Commonwealth by agreeing to that. Where a mandatory rule of the place you live in applies to you regardless of choice of law, this clause does not displace it.

A dispute is expected to be worked through in the order below. The steps are a sequence, not a barrier, and none of them prevents either party from applying for urgent relief or from approaching a regulator at any point.

1. Write to [email protected], describing the problem and saying what outcome you are looking for. The company replies on the substance within thirty days, and sooner where the matter is simple.
2. Where that exchange does not resolve it, either party may propose mediation by a mediator both accept, and neither will unreasonably refuse a proposal of that kind.
3. Where mediation is refused or fails, either party is free to commence proceedings under clause 12.

Two external routes exist alongside that sequence and neither requires our agreement. A complaint about the handling of personal information belongs with the Office of the Australian Information Commissioner, GPO Box 5218, Sydney NSW 2001, telephone 1300 363 992, oaic.gov.au. A complaint under the consumer law belongs with the Australian Competition and Consumer Commission at accc.gov.au, or with the fair trading or consumer affairs office of your own state or territory, which is usually the faster of the two for an individual.

The company may amend this document. The version number and effective date in the header block above move whenever it does, and there is no silent editing of the text in place.

An amendment operates from the date it is published and does not reach backwards over anything that already happened under an earlier version. Reading the site after an amendment brings that use under the amended text. Where a change would materially alter what a reader is permitted to do or what risk they carry, it is published before it takes effect rather than discovered afterwards. Superseded versions are kept and are supplied to anyone who asks for a particular date.

Severance

Where a provision of this document is found void, unlawful or unenforceable, it is read down to the extent needed to make it valid, and severed only where reading it down is impossible. The remaining provisions continue in force unaffected.

Indulgence

Tolerating a breach on one occasion, or taking time to act on one, surrenders nothing in respect of the next. A right under this document is given up only by a written statement to that effect signed by the party giving it up, and exercising a right partially leaves the balance of it intact.

Assignment

The company may assign or novate this agreement to a successor of the business it belongs to. Your rights under it may not be assigned, which is unlikely to inconvenience anybody, since what they amount to is permission to read a website.

Whole agreement

This document, together with the privacy policy and the cookie notice, contains everything agreed between you and the company about this website, and displaces anything said about it elsewhere. Nothing in this paragraph limits liability for a statement made fraudulently.

Notices

Notices to the company go to [email protected] and take effect when they arrive. Notices to you go to whatever address you wrote from. For service of a document carrying legal effect, the registered office recorded against ACN 697 547 505 on the companies register kept by ASIC is the address with that effect, and no competing address is published here.

ARCUS AI PTY LTD, ACN 697 547 505, ABN 82 697 547 505, an Australian proprietary company in New South Wales. Questions about anything in these clauses go to [email protected] and are answered by a person.