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Arcanix Terms of Service

Last updated: July 2026

Arcanix BV | BTW BE 1028.247.312 · Coupure 88, 9000 Ghent, Belgium · support@arcanix.ai

Hi! Thank you for choosing Arcanix. These Terms govern your use of Arcanix's Services and help to define the relationship between you and Arcanix. By providing you with these Terms, we aim to act transparently and try to, proactively, answer any questions you might have regarding the Platform, Services, Fees, Subscription Term, etc. By using our Services, you agree with the latest version of these Terms. We kindly ask you to read these Terms carefully and keep them in mind every time you use our Services.

I. Definitions & Applicability

1. Definitions

  • Account: the personal account for an Authorised User through which the Platform can be accessed, which is strictly limited to the specific Game(s) and Game Platform(s) as specified in the Order Form;
  • Agreement: the collective terms related to the Services between the Customer and Arcanix, including, but not limited to (i) the Order Form, (ii) the Data Processing Policy, and (iii) these Terms;
  • Arcanix (or we | us): the private limited company (“besloten vennootschap”) Arcanix BV, incorporated and existing under the laws of Belgium, with registered office at BE 9000 Ghent, Coupure 88, with VAT number BE-1028.247.312, or Arcanix Ltd, a private limited company incorporated in Scotland, registered at 5 South Charlotte Street, Edinburgh, Midlothian, EH2 4AN, United Kingdom, VAT GB463093883;
  • Authorised User: every individual that is allowed to access and use the Platform through an Account, subject to the specific access rights assigned by the Customer, and/or who can upload Customer Data to the Platform and/or who is permitted by the Customer to upload Customer Data to the Platform;
  • Customer: every legal entity using the Services of Arcanix;
  • Customer Data: The operational metrics, player behaviour logs, A/B test results, in-game purchases, and other non-personal data related to the Customer's video game operations that is indexed by Arcanix for the provision of the Services. Customer Data explicitly excludes any personal data of Customer employees and any users of the video games or products created by Customer;
  • Fee(s): the fee(s) payable by the Customer, including Subscription Fees and Services Fees;
  • Force Majeure: circumstances which were reasonably unforeseeable at the time the Agreement was concluded, are now unavoidable, and create the inability on the part of a party to carry out the Agreement by reason of fire, flood, casualty, lockout, strike, unavoidable accident, national calamity, pandemic, export embargo, riot, war, civil commotion, act of God or the act of any legally constituted authority;
  • Game: the game stated in the Order Form;
  • Game Platform: the game platform stated in the Order Form;
  • Implementation Services: all Services provided by Arcanix related to the implementation and/or set-up of the Platform for the customer;
  • Order Form: the document signed by both parties containing the practical modalities relating to the Services between Arcanix and the Customer, including any proposal, quotation, order form or other agreement;
  • Output: the output, results, recommendations, etc. generated by the Platform for the Customer;
  • Platform: the LiveOps strategy platform for video games developed by Arcanix, provided as a software-as-a-service solution, which is accessible via a web portal;
  • Privacy Legislation: the (supra)national privacy legislation, applicable on the processing of personal data by Arcanix or the Customer, related to the execution of the Agreement, such as, but not limited to (i) the Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC ('General Data Protection Regulation' or 'GDPR'), (ii) the United Kingdom (UK) Data Protection Act 2018, and (iii) the Directive 2002/58/EC of the European Parliament and Council of 12 July 2002, concerning the processing of personal data and the protection of privacy in the electronic communications sector ('E-privacy Directive') and any other or future implementation in national legislations;
  • Services: all services provided by Arcanix in relation to the Platform, including Implementation Services, the provision of Subscriptions, data analysis, reporting, dashboarding and any other services provided by Arcanix;
  • Services Fees: all Fees as described in the relevant Order Form, quote or other written notice for the provision of Services payable to Arcanix, which are not Subscription Fees.
  • Subscription: the access and use rights to the Platform to one Account;
  • Subscription Fee: the Fees for the purchase of the Subscription in accordance with the terms in the Agreement;
  • Subscription Term: the duration of the Subscription set out in the Order Form;
  • Support: the assistance provided by Arcanix to the Customer during the Agreement, with regards to the Services, Subscription, Platform, etc.
  • Terms: these terms of service as published on our Website; and
  • Website: www.arcanix.ai, as well as any subdomains or other/future websites of Arcanix.

2. Applicability of the Terms

2.1. Unless explicitly determined otherwise in writing, the entire relationship between Arcanix and the Customer for the provision of Services by Arcanix to the Customer, is governed by, in descending order of precedence shall apply (i) the Order Form, (ii) the Data Processing Policy, and (iii) these Terms.

2.2. These Terms are specifically tailored to the use of the Services and govern the relationship between Arcanix and the Customer. Therefore, to use the Services the Customer agrees these Terms shall always take precedence over its own terms and conditions, which shall not be enforceable against Arcanix (even if the Customer declares them the only valid terms).

II. General Terms and Conditions

4. Conclusion of the Agreement

4.1. Arcanix shall determine the scope of the Services together with the Customer and shall subsequently provide the Customer with a quotation and proposed scope as part of an Order Form. The Customer acknowledges that the Order Form can be signed electronically.

4.2. The specifications, capabilities, technical features and other details regarding the Services on the Website or in a demo are only to be considered approximations. Such information, including any performance metrics or visual representations shared via the Website or demos, only binds Arcanix insofar as explicitly stated in the Agreement.

5. The Services

5.1. All Arcanix's obligations related to the Services shall be reasonable endeavours obligations. Hence, Arcanix shall always provide the Services with appropriate care and in good faith and serve the Customer to the best of its understanding, skill, insight and ability, as can reasonably be expected from a professional experienced in services of comparable scope, complexity and size.

5.2. Arcanix expressly disclaims any and all warranties, whether express or implied (including but not limited to any implied warranties of merchantability), that the Services shall always be performed error-free or satisfactory to the Customer's wishes. The Customer acknowledges that it shall always have the obligation and responsibility to verify the accuracy and validity of any and all Output generated through the Services.

5.3. Arcanix's Services are limited to what is defined in the Agreement. Arcanix is entitled to rely on the Customer Data provided by the Customer, without having to verify its accuracy and completeness. Arcanix shall make use of Customer Data and information provided by the Customer to perform its Services, without accepting any responsibility in this respect. Furthermore, Arcanix shall only process Customer Data that is expressly uploaded by any Authorised User. Consequentially, Arcanix can never held responsible for any Customer Data that has not been uploaded to the Platform.

5.4. Arcanix does not guarantee that Services are suitable for its intended use or are seamlessly adapted to the Customer's activities or business operations, unless such purpose is one of the features that has been agreed explicitly in writing in the Order Form.

6. The Platform

6.1. The Platform

6.1.1. The Platform is provided to the Customer "as is". The Customer confirms it shall not place any reliance on the Platform upon the development of any future functionality, features or data connectivity.

6.1.2. Arcanix shall use its reasonable endeavours to maintain the availability of the Platform but does not guarantee the uninterrupted availability. In the event of problems with the availability of the Platform, Arcanix shall solve such issue as soon as reasonably possible. In any case and where appropriate, Arcanix shall be free to determine what is to be considered an adequate solution.

6.1.3. Arcanix does not guarantee that the Platform will operate completely error-free and automatically with all types or new versions of internet browsers, operating systems, mobile operating systems or any other software. The Customer acknowledges that each operating system and each version of an operating system or browser has specific idiosyncrasies that make it likely that the Platform cannot be viewed or used on an operating system or browser version whose compatibility was not provided for in the Agreement.

6.1.4. Arcanix is constantly striving to improve the Platform's performance and Services it offers to its Customers. Therefore, the Customer explicitly grants Arcanix the right to use the uploaded Customer Data and analysed Output for the further development and improvement of the Platform provided by Arcanix.

6.1.5. Arcanix reserves the right to make, in its sole discretion, any material or non-material changes and/or updates to the functionality of the Platform from time to time without prior approval of the Customer, provided that such changes do not materially downgrade any of the existing functionalities at the moment of the signing of the Agreement. Arcanix will notify the Customer of material changes via email or via notification in the Platform.

6.1.6. The Customer acknowledges that the Platform includes free and open-source software developed by third parties.

6.2. Use of the Platform

6.2.1. The Customer shall be entitled to create Accounts for Authorised Users, subject to the number of Subscriptions purchased, as agreed upon in the provisions in the Order Form. The Customer shall be able to assign the access rights to any Account.

6.2.2. The Customer shall ensure its Authorised Users access and use the Platform in accordance with the provisions in the Agreement. The Customer and its Authorised Users shall not access the Platform in a manner intended to avoid incurring any Fees.

6.2.3. The Customer acknowledges that it is prohibited from, and shall refrain from, including any personal data, either related to its employees or end-users of the Customer products, in the Customer Data uploaded to the Platform. Furthermore, the Customer warrants that its Authorised Users shall not include any personal data in the Customer Data uploaded to the Platform.

6.2.4. The Customer acknowledges that it is prohibited to, and shall not, upload any information or Documents that:

  • (i) contain incorrect, false or fraudulent information;
  • (ii) violate any third party (intellectual property) rights;
  • (iii) are in violation of this Agreement;
  • (iv) violate any applicable legislation; and
  • (v) are otherwise deemed inappropriate.

6.2.5. The Customer and Authorised Users shall not:

  • (i) "frame," distribute, resell, provide or permit access to the Services by any third party other than as allowed by the features and functionality of the Services;
  • (ii) transfer to the Platform or otherwise use on the Platform any code, exploit, or undisclosed feature that is designed to delete, disable, deactivate, interfere with, or otherwise harm or provide unauthorised access to the Services;
  • (iii) use any robot, spider, data scraping, software containing a virus, worm, "back door", Trojan Horse, extraction tool or similar mechanism with respect to the Platform;
  • (iv) provide access to the Platform or an Account to any third party, including but not limited to an individual associated with an Arcanix competitor or extract information from the Platform in furtherance of competing with Arcanix; or,
  • (v) permit any third party to engage in any of the foregoing proscribed acts.

6.2.6. The Customer shall use its best endeavours to prevent or terminate any unauthorised access, illegal use and/or incompatible use of the Platform. If the Customer discovers such unauthorised access and/or use, the Customer shall notify Arcanix immediately, which shall be entitled to take all necessary or useful measures to prevent such unauthorised access and/or use.

6.2.7. The Customer shall be responsible for procuring, maintaining and securing its network connection(s) to the Platform.

6.2.8. If the Customer observes any deficiency or problem, the Customer is obliged to immediately cease the use of the Platform and make every reasonable effort – or have every reasonable effort made – to prevent any (further) damage.

7. Implementation

7.1. Arcanix shall provide the Implementation Services with due diligence, with appropriate care and in good faith, and will carry out the Implementation Services with understanding, skill, insight and ability, as may reasonably be expected of a professional experienced in Implementation Services of comparable scope, complexity and size.

7.2. Arcanix reserves the right and shall be entitled to invoice the Service Fees to the Customer.

7.3. The Customer shall provide Arcanix with (i) all necessary cooperation in relation to the Implementation Services; and (ii) all necessary access to information as may be required by Arcanix in order to provide the Implementation Services.

7.4. The Implementation Services provided shall always be limited to the duration and scope specified in the Agreement. If Arcanix establishes that the intended objective of the Implementation Services, before the start or during implementation cannot be realised, it will inform the Customer of this as soon as possible. In such case, efforts will be made to consult and possibly adjust the scope of the Agreement. In case of non-agreement or impossibility to adjust the scope, the Agreement shall be terminated with immediate effect. Upon termination, the Customer shall pay Arcanix for the Implementation Services provided and costs incurred up to that time.

8. Subscription

8.1. The Customer shall be granted a temporary, personal, limited, non-exclusive and non-transferable access and use right of the Platform and Services for each Account, as described in an Order Form. This right is strictly limited to the Game(s) and Game Platform(s) expressly stated in the relevant Order Form. The Subscription is granted as of the first day of the start of the Subscription Term.

8.2. The Customer shall be entitled to select the Subscription level at the moment of purchasing the Subscriptions. The contents of such purchased Subscription level shall be agreed upon in the Order Form.

8.3. During the Subscription Term, the Customer shall be entitled to upgrade the Subscription level and purchase add-ons for the remainder of the then-active Subscription Term. The upgrade and/or add-ons shall be available at the latest three (3) business days after the upgrade was purchased. The new Subscription level and add-on Fees shall be invoiced pro rata for the remainder of the Subscription Term, as of the day the upgrade and/or add-ons is available.

8.4. If the Customer wishes to downgrade the Subscription level or wants to discontinue an add-on, the Customer shall notify Arcanix thereof through the Platform. The Customer shall be unable to downgrade the Subscription level or discontinue the purchased add-ons during the Subscription Term. This downgrade of Subscription level or discontinuation of add-ons will enter into effect at the start of a new Subscription Term.

8.5. The Customer can activate additional Subscription(s) during the Subscription Term of already activated Subscriptions. The additional purchased Subscriptions shall be available at the latest three (3) business days after additional Subscriptions were purchased and shall remain active for the Subscription Term of the initial Subscription(s). The additional Subscription(s) shall be invoiced pro rata for the remainder of the Subscription Term, as of the day the upgrade is available.

8.6. If the Customer wishes to use the Services for additional Games or additional Game Platforms not specified in the initial Order Form, such extension shall be subject to the execution of a new or amended Order Form and the payment of additional Fees.

9. Subscription Term

9.1. The Subscription Term has a definite duration, which is described in the Order Form. This term shall continuously automatically renew for one year, unless either party gives notice of termination to the other party at the latest one (1) month before the end of the Subscription Term.

9.2. If the Subscription Term is automatically renewed in accordance with Article 8.1, the renewed Subscription level shall be equal to the latest active Subscription level and the purchased add-ons shall be renewed for the new Subscription Term, unless the Customer notified Arcanix in accordance with Article 7.4.

9.3. Early termination of the Subscription Term shall not give rise to a right for the refund of any Fees.

10. Maintenance

10.1. If necessary for any maintenance work or implementation of updates to the Platform, Arcanix may temporarily interrupt the availability of the Platform and Services. To the extent possible, any maintenance work will take place outside normal business hours.

10.2. Arcanix will use its reasonable endeavours to notify the Customer in advance of any planned interruptions. An interruption to services due to maintenance work or the implementation of any updates shall not be a fault on the part of Arcanix. Arcanix will ensure that the interruption does not last longer than necessary.

11. Fee and Payment

11.1. Fee

11.1.1. The Fees payable to Arcanix shall be agreed upon in the Order Form between Arcanix and the Customer. The Fees payable shall be determined at the moment an Order Form is concluded between the parties and shall be based on the then-applicable Fees. Therefore, in no event shall the Fees confirmed in one Order Form be binding for (future) agreements.

11.1.2. All Fees are, unless explicitly stated otherwise, excluding VAT or any other levies or taxes.

11.1.3. Arcanix is entitled to increase the Fees agreed in the Agreement for every renewal. Arcanix shall notify the Customer of any price increase at least two (2) months before renewal through e-mail or via the Platform.

11.1.4. Arcanix is entitled to increase its Fees during the Subscription Term in accordance with the European Consumer Price Index (CPI).

11.2. Payment and billing method

11.2.1. Unless otherwise agreed upon, the invoices of Arcanix are payable within a period of fourteen (14) days from receipt. The invoice has been settled when the complete amount stated on the invoice has been received by Arcanix.

11.2.2. Invoices that are not disputed within eight (8) days after their issuing will be considered to have been fully accepted. The Customer shall pay the undisputed part of the invoice in accordance with these Terms.

11.2.3. By concluding an Agreement and relying on the Services of Arcanix, the Customer agrees to electronic invoicing by Arcanix.

11.3. Late payment

11.3.1. If the Customer fails to pay in full any invoice by the due date for payment, then:

  • (i) the Customer shall owe interest on the overdue amount at the rate of eight percent (8%) per annum increased with the Bank of England base rate applicable at the moment of late payment.. Such interest shall accrue automatically (without prior notice by Arcanix) on a daily basis from the due date until the date of actual payment of the overdue amount. The Customer shall pay the interest together with the overdue amount; and
  • (ii) the Customer shall pay Arcanix five percent (5%) of the outstanding balance, with a minimum amount of two hundred and fifty euro (250,00 EUR) for costs associated with, amongst others, the collection of the amounts due and with the adverse consequence on Arcanix cash flow, as liquidated damages. The Customer confirms that this sum represents a genuine pre-estimate of Arcanix its loss.

11.3.2. This paragraph is without prejudice to Arcanix's right to prove and claim any higher damages.

11.3.3. Late, incomplete or non-payment of one expired invoice will cause all other invoices, for which a particular instalment term has been agreed on, to become immediately payable, without previous notice of default.

11.3.4. Partial payments will firstly be deducted from interest due, liquidated damages payments and possible costs and subsequently from unpaid invoices.

11.3.5. Arcanix is entitled to terminate, suspend or postpone its Services or its other obligations in connection with the Agreement if the Customer has not complied with a payment condition or other payment obligation.

12. Liability

12.1. Arcanix

12.1.1. The liability of Arcanix shall always be assessed in light of the reasonable endeavours obligation to which Arcanix has committed. In the case of inadequate Services, Arcanix's liability is limited to (i) the (renewed) performance of the missing or inadequate Services or (ii) provide a compensation for the proportional value of the inadequate part of the Services, subject to the limitations set out in Article 11.1.2.

12.1.2. The liability of Arcanix shall in all cases be limited to any direct liabilities and shall in any case be limited to the Fees paid during the last 12 months prior to the event causing any liability. Arcanix shall never be liable for:

  • (i) damage or loss suffered by the Customer or third parties by incorrect, incomplete or late Customer Data, information and instructions from the Customer (incl. its Authorised Users);
  • (ii) damage resulting from malfunctions or defects in network communications, devices or infrastructure belonging to Customer (incl. its Authorised Users) used for accessing the Platform;
  • (iii) damage resulting from malfunctions or defects in third party software, such as open-source licenses;
  • (iv) damage caused by further use or application of the Platform and the Services by the Customer (incl. its Authorised Users) after a defect has been found;
  • (v) damage caused by the improper, inadequate, unauthorised or unlawful use of the Platform / Services;
  • (vi) damage caused by the theft or loss of the password due to negligence of the Customer (incl. its Authorised Users);
  • (vii) damage caused by incorrect assignment of Accounts by the Customer;
  • (viii) damage caused by Force Majeure in accordance with the provisions of Article 14;
  • (ix) indirect and consequential damage, such as, but not limited to, loss of profit, loss of savings, loss of revenue, loss caused by business interruption, damage to third parties; and
  • (x) any other claims, damages and loss caused by circumstances or causes outside of the reasonable control of Arcanix.

12.2. The Customer

12.2.1. The Customer will defend, indemnify and hold Arcanix harmless against all claims from third parties arising from the incorrect or unlawful use of the Platform or Services. It will cover all damages such as compensations or legal costs (including reasonable lawyer's fees) provided that Arcanix has informed the Customer as soon as reasonably possible of any claim arising from that matter.

13. Support

13.1. When the Customer needs assistance or has an enquiry with respect to the Services, the Customer can contact the helpdesk of Arcanix on the e-mail address support@arcanix.ai.

13.2. The Customer must offer all necessary assistance and cooperation to the helpdesk, e.g. provide a detailed description of the problem and the situation in which it occurred.

13.3. The helpdesk of Arcanix will assist the Customer as soon as reasonably possible following the requested support.

14. Termination

14.1. Term

14.1.1. Subject to Article 10.3.5, the Agreement shall be terminated the moment the last Subscription Term ends in accordance with Article 8, unless explicitly agreed upon otherwise in writing by the parties.

14.2. Grounds for early termination

14.2.1. Arcanix may terminate the Agreement by registered mail for material breach, automatically and without definitive court decision if the Customer has committed a material breach and fails to remedy such breach within fifteen (15) days of written notice of default by Arcanix. Arcanix will consider (amongst others) the following events as a material breach:

  • (i) Repeated failure to pay invoices for which payment is due;
  • (ii) Unauthorised or illegal use of the Platform and/or Services;
  • (iii) Intellectual property infringement (cfr. Article 16).

14.2.2. The Agreement may be terminated if an insolvency event occurs, i.e. a party ceases to pay its debts or ceases its activities, files for bankruptcy, liquidation of the legal entity or enters proceedings in receivership or judicial composition proceedings.

14.2.3. Arcanix shall never be obligated to refund the Customer any fees if the Customer terminates the Agreement during the Subscription Term without the termination being the result of a material breach of Arcanix. The Customer is still obligated to pay all Fees set out in the Agreement.

14.3. Consequences of termination

14.3.1. Regardless of the cause for termination, the following consequences will follow the termination of the Agreement:

  • (i) Arcanix shall stop performing its Services and shall remove access to the Platform; and,
  • (ii) Arcanix shall be entitled to refuse any request from the Customer to enter into a (new) Agreement with regard to the Services.

14.3.2. Articles 11, 15, 16, and 17 shall survive the termination of the Agreement and continue in full force and effect.

14.3.3. The termination of the Agreement, for whatever reason, shall not prejudice the rights acquired by each party.

15. Force Majeure

15.1. In the event of Force Majeure, the party confronted by the Force Majeure event shall (i) notify the other party thereof within a period of one month after the inception of the Force Majeure and (ii) inform the other party of the period for which the Force Majeure is expected to continue.

15.2. In the event of Force Majeure, each party has the right to temporarily suspend the performance of its obligations without being liable for any damages.

15.3. A situation of Force Majeure that continues beyond three (3) months shall entitle either party to terminate the Agreement with immediate effect by simple written notification, without judicial intervention and without any liability.

16. Confidentiality

16.1. All information marked as confidential or reasonably to be considered confidential, disclosed by any of the parties to the receiving party prior to entering into an Agreement as well as during the Agreement shall be treated with the utmost secrecy.

16.2. The receiving party shall:

  • (i) not use, reproduce, or divulge the confidential information in any manner or for any purpose, other than as strictly necessary for the execution of the Agreement;
  • (ii) not engage in, nor authorise others to engage in, the reverse engineering, disassembly or the decompilation of the source code, structure or any other confidential information; and
  • (iii) not derive any commercial benefit from the confidential information.

16.3. This confidentiality obligation applies during the course of the Agreement between Arcanix and the Customer and shall continue to exist for a period of three (3) years from its termination for any reason whatsoever.

16.4. The disclosing party shall remain the sole owner of their own confidential information at all times. Except as expressly set forth herein, nothing in these Terms or the relationship between parties shall grant the receiving party any rights to, or interest in, the confidential information and no implied licences are granted by these Terms.

16.5. In case of breach of the obligations by the Customer as set out in this Article, the Customer shall pay Arcanix a lump-sum compensation equal to five thousand euros (€ 5,000.00) per individual breach. This compensation is due without prejudice to Arcanix's right to claim full compensation for all actual damages caused by the breach to the extent they exceed the lump-sum amount.

17. Intellectual property rights

17.1. The Customer explicitly acknowledges that Arcanix shall own and retain all intellectual property rights with respect to the Services, the Platform and possible related Services (including all copies, modifications, extensions and derivative works thereof), including, but not limited to: rights associated with the (source) code, technological backbone, AI algorithm, other authorship rights, design rights, know how, domain names and database rights.

17.2. The Customer acknowledges that Arcanix shall own and retain all intellectual property rights on the Output generated through the Platform.

17.3. The Customer shall not use Arcanix's company name, Arcanix's Services names or Arcanix's trademarks as part of Customer's name or in any manner capable of misrepresenting the relationship between Customer and Arcanix. The Customer shall not alter, remove or tamper with the brands, copyrights, trademarks, or other means of identification on the Services or Platform.

17.4. Arcanix explicitly acknowledges that the Customer shall own and retain all intellectual property rights with respect to the Customer Data, designs, trade names/trademark it owns and which are uploaded to the Platform, however subject to the provisions in this Agreement.

17.5. The Customer grants Arcanix an unlimited, non-exclusive and non-transferable free usage right to the Customer Data uploaded to the Platform, for the provision of the Services, as well as the continued development and improvement of the Platform and Services, subject to the conditions as set out in Article 15.

17.6. The Customer explicitly authorises Arcanix to use the Customer's name and/or project as a reference for publicity purposes, such as by publication on the Website. In this regard, the Customer also authorises Arcanix to use the Customer's name, trademark, logo.

17.7. In case of breach of the obligations by the Customer as set out in this Article, the Customer shall pay Arcanix a lump-sum compensation equal to five thousand euros (€ 5,000.00) per individual breach. This compensation is due without prejudice to Arcanix's right to claim full compensation for all actual damages caused by the breach to the extent they exceed the lump-sum amount.

18. Privacy

18.1. Arcanix as controller

18.1.1. The collection of personal data of the Customer shall take place in accordance with the provisions of our privacy policy as on our Website. In such event, we act as controller. The privacy policy includes information about the personal data collected by Arcanix, as well as the manner in which we use and process this personal data for certain purposes. Our privacy policy can be read (i) when the Customer accesses the Platform for the first time or (ii) on the Website at any time.

18.2. The Customer as Controller

18.2.1. The Customer acknowledges that – with regard to the processing of all data entered and uploaded on the Platform and/or processed in the execution of the Services – it shall act as controller and Arcanix as processor. All arrangements made between parties in this respect shall be solely governed by a data processing terms applicable between the Customer and Arcanix.

19. Changes to the Terms

19.1. Arcanix reserves the right to change or update the Terms at any time. New or amended Terms shall apply from the thirtieth (30th) day after the Customer was notified.

20. Netting

20.1. In accordance with the provisions of the United Kingdom Financial Collateral Arrangements (No.2) Regulations of 2003, Arcanix and the Customer agree to automatically offset all currently existing and future debts vis-à-vis each other. This means that in the permanent relationship between Arcanix and the Customer, only the largest debt remains after the aforementioned automatic compensation.

21. Miscellaneous

21.1. No waiver

21.1.1. Any failure or delay by Arcanix in exercising any right under an Agreement with the Customer, any single or partial exercise of any right under such Agreement or any partial reaction or absence of reaction by Arcanix in the event of violation by the Customer of one or more provisions of such an Agreement, shall not operate or be interpreted as a waiver (either express or implied, in whole or in part) of Arcanix's rights under such Agreement, nor shall it preclude any further exercise of any such rights. Any waiver of a right must be express and in writing. If there has been an express written waiver of a right following a specific failure by Arcanix, this waiver cannot be invoked by the Customer in favour of a new failure, similar to the prior one, or in favour of any other kind of failure.

21.2. Notices

21.2.1. Any notice to be given under the Agreement shall be deemed duly given when sent by e-mail. It shall be deemed received one (1) working day after the date of dispatch.

21.3. Divisibility/Severance

21.3.1. If any part or any article of the Agreement is for whatever reason held to be unlawful, invalid or unenforceable, such provisions shall be deleted and the remaining parts or articles shall not be affected and shall remain valid and enforceable as if the invalid or unenforceable parts or clauses were not part of the Agreement.

21.3.2. Any such part or article shall be replaced by a provision that, insofar as legally possible, comes closest to the intention of parties in the affected part or article. Parties shall in good faith negotiate and agree a mutually acceptable provision that shall replace the deleted provision.

20.4. Non-transfer

20.4.1. The Customer may not assign, transfer, charge, subcontract, declare a trust over or otherwise deal with any of its rights or obligations under this Agreement without the prior written consent of Arcanix.

20.4.2. Arcanix may assign or transfer this Agreement, in whole or in part, to any member of the Arcanix group, including Arcanix Ltd, or to any successor to the whole or a part of its business or assets.

20.5. Other

20.5.1. Nothing contained in this Agreement shall be deemed to constitute or create a partnership or joint venture between the parties and neither party shall hold itself out as the agent of the other.

20.5.2. This Agreement represents the entire agreement between the parties in respect of its subject matter and replaces any previous agreement(s) relating to the subject matter and may be varied only in writing signed by the parties.

20.5.3. This Agreement may be entered into in any number of complete counterparts each of which when so executed and delivered shall be an original. A complete counterpart executed by a party and transmitted electronically in either Tagged Image Format Files (.tiff) or Portable Document Format (.pdf) or similar shall be treated as an original, fully binding and with full legal force and effect, and the parties waive any rights they may have to object to such treatment. The parties agree that any complete counterpart shall be treated for all purposes as an original unless and until it is actually replaced by an original complete counterpart.

20.5.4. The rights and remedies herein provided are cumulative and not exclusive of any rights and remedies provided by law.

20.5.5. Except insofar as this Agreement expressly provides that a third party may in its own right enforce a term of this Agreement, a person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

22. Jurisdiction and applicable law

22.1. Jurisdiction

All disputes arising out or relating to the performance of this Agreement shall be subjected to the exclusive jurisdiction of the courts of England in London.

22.2. Applicable law

The Agreement as well as any agreement between parties, of whatever nature, are governed by and construed in accordance with the laws of the England & Wales, with exclusion of all conflict of laws rules.

21.3 Other jurisdictions

21.3.1 Nothing in Article 21 shall limit the right of Arcanix to take proceedings against the Customer in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.