Terms and Conditions
These Terms and Conditions govern use of arcinnovative.systems and communications with Arc Innovative.
Last updated: June 4, 2026
Use of This Website
By using this website, you agree to use it only for lawful purposes and in a way that does not interfere with the site, its infrastructure, or other users.
Content on this website is provided for general information about Arc Innovative services and does not create a binding service agreement unless separately agreed in writing.
Services and Proposals
Project scopes, pricing, timelines, deliverables, and ongoing service terms are governed by the applicable proposal, statement of work, invoice, or written agreement between Arc Innovative and the client.
Portfolio examples, concept builds, and development previews are provided for informational purposes and may not represent final client-approved launches unless clearly labeled as live client work.
Arc Innovative may decline out-of-scope work unless the parties approve a written change order, updated proposal, or separate agreement.
SMS Terms
Program name: ARC Innovative SMS Notifications.
Program description: Automated callback SMS messages are sent in response to missed calls or contact form submissions.
Message and data rates may apply.
Message frequency varies based on inquiry volume.
You may opt out at any time by replying STOP.
For help, reply HELP or contact us at info@arcinnovative.systems or (704) 965-3083.
Consent to receive SMS messages is not a condition of purchase.
Intellectual Property
Unless otherwise agreed in writing, Arc Innovative retains rights to its internal processes, templates, systems, source materials, and pre-existing intellectual property. Client ownership of final deliverables is handled by the applicable project agreement.
No Guarantee of Business Outcomes
Arc Innovative does not guarantee specific business outcomes, search rankings, lead volume, conversion rates, approvals, deliverability, platform acceptance, revenue, profit, or any other commercial result.
Websites, automations, SMS systems, marketing systems, and related deliverables are technical and strategic tools. Actual results depend on market conditions, competitive environment, user behavior, platform decisions, and the client's own business operations, all of which are outside Arc Innovative's control.
Third-Party Platforms
Many Arc Innovative services rely on or integrate with third-party platforms, including Stripe, Cal.com, Twilio, Google, Meta, Instagram, Facebook, n8n, Resend, Vercel, Cloudflare, analytics providers, hosting providers, and other vendors identified during a project.
These platforms are not controlled by Arc Innovative. Arc Innovative is not liable for service outages, policy changes, pricing changes, feature removals, account suspensions, data losses, deliverability issues, approval decisions, or other events caused by third-party platforms, even where such events prevent or affect service delivery.
Clients are responsible for complying with the terms, policies, and requirements of any third-party platform used in connection with the services. Arc Innovative will not be held liable for account suspensions, penalties, or service interruptions arising from a client's violation of third-party platform terms.
Limitation of Liability
To the fullest extent permitted by applicable law, Arc Innovative's total aggregate liability to a client or user for any and all claims arising from or related to these Terms, this website, communications, services, proposals, agreements, deliverables, third-party platforms, or any business relationship, whether in contract, tort, negligence, strict liability, or any other theory, shall not exceed the total fees actually paid by the client to Arc Innovative in the thirty (30) calendar days immediately preceding the event giving rise to the claim.
In no event shall Arc Innovative be liable for indirect, incidental, special, consequential, punitive, or exemplary damages of any kind, including lost revenue, lost profits, lost leads, lost customers, loss of business opportunity, loss of data, reputational harm, platform downtime, interruption of business, or any other economic loss, even if Arc Innovative has been advised of the possibility of such damages.
The fees charged by Arc Innovative reflect and are set in reliance upon these limitations of liability, and these limitations form an essential basis of the bargain between Arc Innovative and its clients.
Non-Payment and Termination
Arc Innovative may suspend or terminate services, communications, support, hosting, automations, active work, or access to deliverables for non-payment, failed payment, chargeback, non-cooperation, or material breach of an applicable agreement.
If payment remains outstanding beyond the timeline stated in the applicable agreement, invoice, or proposal, Arc Innovative may immediately suspend services until all outstanding balances, accrued fees, and applicable collection costs are paid in full.
Suspension or termination for non-payment does not relieve the client of any obligation to pay amounts already due.
Arbitration and Attorney Fees
Before initiating formal legal action or arbitration, the parties agree to attempt in good faith to resolve any dispute through direct negotiation.
If good-faith negotiation does not resolve the dispute, any dispute, claim, or controversy arising out of or relating to these Terms, this website, communications, services, proposals, agreements, deliverables, or any business relationship with Arc Innovative shall be resolved by binding arbitration administered in Monongalia County, West Virginia, in accordance with the rules of the American Arbitration Association or a mutually agreed arbitration service. The arbitrator's decision shall be final and binding on the parties.
These Terms are governed by the laws of the State of West Virginia. Any proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in Monongalia County, West Virginia.
The prevailing party in any dispute, claim, legal proceeding, arbitration, mediation, or collection matter arising out of or relating to these Terms, this website, communications, services, proposals, agreements, deliverables, or any business relationship with Arc Innovative is entitled to recover reasonable attorney fees, paralegal fees, court costs, filing fees, expert witness fees, arbitration costs, and other costs of enforcement from the non-prevailing party.
Contact
Questions about these Terms and Conditions may be sent to info@arcinnovative.systems.