Terms of use

These terms are an agreement between you and ARCUS AI PTY LTD (ACN 697 547 505, ABN 82 697 547 505), an Australian proprietary company in New South Wales. In this document "we", "us" and "our" mean that company, "you" means the person reading or using this website, and "this website" means arcusai.fyi and everything served from it.

By using this website you accept these terms. If you do not accept them, the appropriate response is to close the page, and nothing is lost by doing so because nothing here is gated, purchased or subscribed to.

Arcus is a trading name of ARCUS AI PTY LTD. Where this site says Arcus it means the company named above, and there is no separate legal entity behind the brand.

This clause comes second, before the ordinary machinery of a terms of use document, because everything else in it should be read in light of what is being supplied. What is being supplied is a website.

• There is no product for sale. No licence is granted to any software, because no software has been published.
• There is no account, no subscription, no trial, no free tier and no paid tier.
• There is no service level, no uptime commitment and no support obligation, because there is no service.
• No payment is accepted through this website, so no refund policy is needed and none is offered.
• Nothing on this website is an offer capable of acceptance, and nothing on it forms a contract to supply anything.

The pages here describe what the company intends to build. They are written in the conditional wherever they describe something that does not exist, and where a page slips into the present tense about something unbuilt, that is an error in the writing rather than a claim, and we would like it reported.

Nothing in these terms excludes, restricts or modifies any right or remedy, guarantee, warranty or other term implied or imposed by the Australian Consumer Law, which is Schedule 2 to the Competition and Consumer Act 2010 (Cth), or by any other law where doing so would be unlawful. This clause overrides every other clause in this document, including the liability clause, and it does so deliberately.

The guarantees that cannot be excluded

Where you acquire goods or services as a consumer within the meaning of section 3 of the Australian Consumer Law, the following guarantees apply and cannot be contracted out of.

• Services will be rendered with due care and skill, under section 60.
• Services will be reasonably fit for any purpose made known to the supplier, under section 61.
• Services will be supplied within a reasonable time where no time is fixed, under section 62.
• Goods will be of acceptable quality, under section 54, and will match their description, under section 56.

Section 64 makes void any term of a contract that purports to exclude, restrict or modify those guarantees or the liability that attaches to them. Section 29(1)(m) of the same Law makes it an offence to represent that a good or service comes with a right or remedy that it does not have, and a supplier who tells a consumer that the guarantees do not apply is at risk under it. We would rather set them out than gesture at them.

What you are entitled to when a guarantee is not met

For a major failure with a service you are entitled to cancel the contract and obtain a refund for the unused portion, or to compensation for the reduction in value below the price paid. For a failure that is not major you are entitled to have the problem fixed within a reasonable time, and if it is not fixed you may cancel and recover a refund. You are also entitled to compensation for any other reasonably foreseeable loss or damage.

These entitlements sit alongside anything else this document says, not underneath it. Since nothing is currently supplied, they are stated here so that they are already in the agreement if that changes rather than being added when it becomes convenient.

You may read this website, print it, quote it with attribution, and link to any page on it. No permission is needed for any of that and none has to be requested.

What is not permitted

• Interfering with the operation of the site, or attempting to gain access to any part of the infrastructure behind it that is not served publicly.
• Automated collection at a rate that degrades the site for other readers. Ordinary crawling is welcome and the robots file at the root of this site allows it.
• Republishing substantial parts of the site as though they were your own writing, or presenting modified text as ours.
• Using the company name, the brand or the wording of this site in a way that suggests an endorsement, partnership or supply relationship that does not exist.
• Any use that is unlawful, or that would place us in breach of a law.

There is no user account to suspend, so the only enforcement available to us is technical blocking or a legal remedy. We would prefer an email, and an email is the first thing we would send.

This website describes intentions, a technical position and a design that has not been implemented. It is written carefully and it is still capable of being wrong in the ordinary ways that writing is wrong.

• Statements about what the company will build are present intentions, not commitments. Intentions change, and a page that changes is more honest than one that does not.
• Statements about the mathematics of retrieval measurement are our understanding of well established public definitions. If one is stated incorrectly, tell us and it will be corrected on the page rather than argued about.
• Named third party products are named as examples of a category. Nothing on this site is a review, a benchmark or a recommendation of any of them.
• Nothing here is professional advice of any kind, and no decision about your own architecture, spending or compliance should rest on it.

Subject always to the Australian Consumer Law clause above, this website is provided on an as is basis and we do not warrant that it will be uninterrupted or error free.

If measurement tooling is published later, it will come with its own licence and, where relevant, its own supply terms. Those documents will govern that software. This clause records the parts that are already decided, so that the position is on the record before there is a commercial reason to soften it.

• Published terms will be readable in full before anything is installed or agreed to, not after.
• Any change to the terms of a paid supply will be notified before it takes effect, with a right to stop paying and leave.
• The data boundary described elsewhere on this site will be a term of the supply, not merely a description on a marketing page.
• Nothing in a future licence will purport to exclude a consumer guarantee, for the reasons set out above.

None of that creates an obligation to publish anything. It describes the shape of the terms if we do.

The text, structure, stylesheet, layout, favicon and source of this website are owned by ARCUS AI PTY LTD or used with permission, and are protected by the Copyright Act 1968 (Cth). Copyright in the two typefaces used here belongs to their respective authors and they are used under their own open licences.

You may quote from this site with attribution and a link. You may not reproduce it wholesale as your own. The distinction is the ordinary one that applies to any writing and we are not going to be difficult about a quotation.

The name Arcus and the mark used in the header are used by this company as a trading name. No claim of registered trade mark status is made anywhere on this site, and none should be inferred from the use of the name.

Names of third party products and organisations mentioned on this site remain the property of their owners, are used descriptively and for identification only, and their appearance implies no affiliation, sponsorship or endorsement in either direction.

Personal information is handled in accordance with the privacy policy, which forms part of these terms and which is written to the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

The short version, so that this clause is useful on its own: this website has no account system, no form and no analytics, it sets no cookies of its own, and the only personal information the company holds is correspondence sent to it and the request logs generated by the company that hosts the site. Where those two documents ever appear to disagree, the privacy policy governs and the disagreement is a defect we would like reported to [email protected].

This clause is subject in every respect to the Australian Consumer Law clause above. Where anything here conflicts with a right you have under that Law, that right prevails and this clause is read as though the conflicting words were absent.

Subject to that, and to the extent permitted by law, we are not liable for indirect or consequential loss, loss of profit, loss of revenue, loss of data or loss of anticipated savings arising out of your use of this website. Where our liability can be limited rather than excluded, and the supply is not of a kind ordinarily acquired for personal, domestic or household use or consumption, our liability is limited under section 64A of the Australian Consumer Law to supplying the services again or paying the cost of having them supplied again.

We are not liable for the content of any website you reach by following a link from this one, and a link is not an endorsement.

Nothing in this document limits liability for fraud, for death or personal injury caused by negligence, or for anything else that cannot lawfully be limited.

These terms are governed by the laws of New South Wales, Australia. You and we submit to the non exclusive jurisdiction of the courts of New South Wales and of the courts competent to hear appeals from them.

What to do before a court

1. Write to [email protected] setting out the problem and what you want done about it. We acknowledge within 5 business days and respond substantively within 30 days.
2. If that does not resolve it, either of us may propose mediation, and neither of us will refuse a reasonable proposal.
3. Nothing in this clause prevents either party from seeking urgent interlocutory relief, or from making a complaint to a regulator at any time.

A complaint about the handling of personal information can go to the Office of the Australian Information Commissioner (OAIC), GPO Box 5218, Sydney NSW 2001, telephone 1300 363 992, oaic.gov.au. A complaint about consumer law can go to the Australian Competition and Consumer Commission at accc.gov.au or to the consumer affairs body in your state or territory. You do not need our agreement to do either and there is no fee.

Changes to these terms

We may change these terms. The version and effective date at the top of this page change with them. A change applies from the date it is published and does not apply retrospectively to anything that happened before. Continuing to use the website after a change means the changed terms apply to that use.

Severance

If a provision of these terms is found to be void, unenforceable or unlawful, it is severed to the extent necessary and the remainder continues in force. Where a provision can be read down to make it valid, it is read down rather than removed.

No waiver

A failure or delay in exercising a right under these terms is not a waiver of it, and a single or partial exercise does not prevent a further exercise.

Assignment

We may assign or novate these terms to a successor of the business. You may not assign yours, although since your rights here amount to reading a website this is unlikely to trouble anybody.

Entire agreement

These terms, together with the privacy policy and the cookie notice, are the entire agreement between you and us about this website, and they supersede anything said elsewhere about it.

Notices

Notices to us go to [email protected]. Notices to you go to the address you wrote to us from. For service of a document with legal effect, the registered office recorded against ACN 697 547 505 on the register maintained by the Australian Securities and Investments Commission is the address that has that effect, and we do not publish a competing address here.

Not legal advice