Terms

1. Services

1.1 Description of Services

ArcaneSky provides subscription-based creative, design, development, and strategy services ("Services") through a request-based delivery model. Current plan offerings, descriptions, and pricing are published on the ArcaneSky website at arcanesky.co and may be updated from time to time with reasonable notice to active subscribers.

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1.2 Scope of Services

Services are delivered through a structured request queue. All work is performed by ArcaneSky's in-house team. ArcaneSky does not outsource client work to third parties without prior written consent. The specific capabilities available under each plan are described on the ArcaneSky website and may be updated from time to time with reasonable notice to active subscribers.

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1.3 Webflow Platform Requirement

All ArcaneSky service plans are built on the Webflow platform. Clients must have or obtain a Webflow account and an active Webflow site plan to receive Services. ArcaneSky does not provide services for websites built on or hosted by other platforms. The Webflow site plan is the Client’s financial responsibility and is billed to the Client’s payment method through ArcaneSky’s agency workspace on their behalf. ArcaneSky will assist with site plan setup and selection during onboarding as part of the subscription. Premium Webflow addons including but not limited to Analyze, Optimize, and Localize are not included in any ArcaneSky plan and are the sole responsibility of the Client should they choose to enable them. ArcaneSky’s workspace access and control of the Client’s site, and the conditions under which that access is retained or relinquished, are governed by Section 5.2 of these Terms.

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1.4 Service Availability

ArcaneSky operates on standard business days, defined as Monday through Friday excluding U.S. federal holidays, the Wednesday before Thanksgiving through the following Sunday, and Christmas Eve (December 24) through January 7. Additional closures may be posted on the ArcaneSky website at arcanesky.co and are incorporated into this definition of business days upon posting. ArcaneSky also reserves the right to suspend or delay services due to unexpected circumstances including medical emergencies, severe weather, family emergencies, or other events outside ArcaneSky’s reasonable control, consistent with Section 13.5 (Force Majeure). ArcaneSky will provide notice of any such delays as soon as reasonably practicable. Turnaround times referenced in these Terms and on the ArcaneSky website are measured in business days as defined above.

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2. Requests

2.1 How Requests Work

Clients submit creative and development requests through their designated project board. ArcaneSky processes one active request at a time per Client, regardless of plan tier. Requests are fulfilled in the order submitted unless otherwise agreed upon in writing.

Clients are encouraged to submit well-scoped, consolidated requests. A well-scoped request is one that clearly defines the objective, provides sufficient reference materials, and represents a single cohesive deliverable or a logically grouped set of related tasks.

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2.2 Request Allowances by Plan

Each plan includes a defined number of requests per billing cycle as published on the ArcaneSky website. Unused requests under capped plans do not roll over to the following billing cycle. Request allowances reset at the start of each new billing cycle.

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2.3 Request Scope

Each request submitted to ArcaneSky is scoped against a reasonable unit of work as determined at ArcaneSky's sole discretion. This internal standard is used to ensure consistent throughput, fair queue management across all Clients, and predictable delivery windows. ArcaneSky makes no representation that all requests will be completed within any specific time beyond the applicable turnaround window.

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2.4 Large Requests and Phased Delivery

When a submitted request exceeds the scope of a single reasonable unit of work, as determined at ArcaneSky's discretion, ArcaneSky will break the request into sequential phases and deliver each phase within the applicable turnaround window. ArcaneSky will communicate the phasing plan to the Client before beginning work where practicable.

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Examples of requests that may be phased include but are not limited to:

• Full website builds or redesigns
• Multi-page Webflow development projects
• Comprehensive brand identity systems
• Business integrations and third-party platform setup
• Large content packages or multi-asset creative projects

Each phase counts as one request toward the plan allowance on capped plans unless otherwise agreed upon in writing.

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2.5 Turnaround Times

ArcaneSky targets the following turnaround windows for active requests, measured in business days from the time ArcaneSky begins work on a request, as published on the ArcaneSky website. Turnaround times are targets, not guarantees. Delays may occur due to incomplete briefs, pending Client feedback, technical dependencies, or circumstances outside ArcaneSky's reasonable control. ArcaneSky will communicate delays promptly.

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2.6 Client Responsibilities

Clients are responsible for:

• Providing clear, complete, and timely briefs for each request
• Supplying any necessary assets, references, brand guidelines, credentials, or content required to complete the request
• Providing timely feedback and approval on delivered work — ArcaneSky will not be held responsible for delays caused by Client inaction
• Ensuring that all materials provided to ArcaneSky are owned by the Client or that the Client has the necessary rights to use and incorporate such materials
• Ensuring the accuracy, completeness, and legal compliance of all content, copy, disclosures, policies, legal statements, and other materials submitted to ArcaneSky for incorporation into deliverables. ArcaneSky will incorporate Client-provided content as directed and is not responsible for reviewing, verifying, or advising on the legal sufficiency or accuracy of such content

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2.7 Unsupported Requests

ArcaneSky reserves the right to decline requests that fall outside the defined scope of the subscribed plan or that require capabilities not offered by ArcaneSky. If ArcaneSky declines a request, the Client will be notified and the request will not count against the Client's plan allowance.

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2.8 Third-Party Infrastructure and App Development

For requests involving third-party platforms, integrations, applications, or development tools (including but not limited to Supabase, Vercel, Stripe, Square, and similar services), ArcaneSky's work will be delivered through the request-based system. Any startup costs, subscription fees, usage fees, or ongoing costs associated with third-party tools and infrastructure are the sole responsibility of the Client. ArcaneSky will advise the Client of any such costs prior to beginning work where practicable.

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2.9 Revisions

All plans include unlimited revisions on delivered work. Revisions must be clearly scoped and relate directly to the original request brief. Revisions that represent a significant change in direction or scope may be treated as a new request at ArcaneSky's reasonable discretion, in which case the Client will be notified before work begins.

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3. Subscription and Billing

3.1 Billing Cycles

ArcaneSky subscriptions are billed on a recurring 31-day cycle beginning on the date of initial subscription. Each billing cycle renews automatically unless the Client cancels prior to the renewal date in accordance with Section 4.

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3.2 Pricing

Subscription fees are charged at the rate displayed on the ArcaneSky pricing page at arcanesky.co at the time of your initial subscription. ArcaneSky reserves the right to adjust pricing for new subscriptions at any time by updating the pricing page.

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3.3 Rate Lock for Existing Subscribers

Existing subscribers will retain their subscription rate for the duration of their continuous active subscription. ArcaneSky reserves the right to adjust pricing for existing subscribers with no less than 30 days written notice before any change takes effect. Continued use of the service after the effective date of a pricing change constitutes acceptance of the new pricing. If a Client cancels and later resubscribes, they will be charged at the rate in effect at the time of resubscription.

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3.4 Promotions and Discounts

Promotional pricing, discounts, and introductory offers are available to new subscribers only and are not available to current subscribers or individuals who have held an active ArcaneSky subscription within the previous 12 months. ArcaneSky reserves the right to determine eligibility for any promotion at its sole discretion.

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3.5 Payment

All subscription fees are due in advance at the start of each billing cycle. ArcaneSky uses third-party payment processors to handle all transactions. By subscribing, you authorize ArcaneSky to charge your designated payment method on a recurring basis. You are responsible for maintaining valid payment information on file.

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If a payment fails, ArcaneSky will make reasonable attempts to notify the Client and retry the charge. If payment cannot be collected within 7 days of the due date, ArcaneSky reserves the right to pause or suspend service until payment is received.

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3.6 Taxes

All fees are exclusive of applicable taxes. Clients are responsible for all applicable sales, use, VAT, or similar taxes arising from their subscription, except where ArcaneSky is legally required to collect and remit such taxes directly.

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4. Cancellation

4.1 Client's Right to Cancel

Clients may cancel their ArcaneSky subscription at any time. There are no long-term contracts, minimum commitments, or cancellation fees. Cancellation takes effect at the end of the current billing cycle, and no further charges will be made after that date.

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4.2 No Refunds

All subscription fees are non-refundable. This includes without limitation:

• Fees for any portion of a billing cycle during which the Client chooses not to submit requests
• Fees for a billing cycle that has already been charged at the time of cancellation, regardless of when during the cycle the cancellation is submitted
• Fees for any billing cycle that begins after a cancellation notice if the Client fails to cancel prior to the renewal date

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ArcaneSky's no-refund policy reflects the nature of subscription-based creative services, where team capacity is reserved and allocated in advance for each active Client. ArcaneSky does not process refunds. In the event ArcaneSky elects to issue a refund at its sole discretion, any refund issued will be net of any payment processing fees incurred by ArcaneSky in connection with the original transaction. Additionally, all rights to any work produced during the applicable period shall immediately revert to ArcaneSky and Client shall cease all use of such materials unless otherwise agreed in writing.

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4.3 Cancellation by ArcaneSky

ArcaneSky reserves the right to cancel or suspend a Client's subscription at any time for any of the following reasons:

• Violation of these Terms
• Failure to make timely payment
• Abusive, harassing, or inappropriate conduct toward ArcaneSky team members
• Submission of requests for work that is illegal, fraudulent, or harmful to third parties

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In the event of cancellation by ArcaneSky for cause, no refund will be issued for the current billing cycle. In the event of cancellation by ArcaneSky without cause, a pro-rated refund of the current billing cycle may be issued at ArcaneSky's discretion.

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5. Intellectual Property

5.1 Ownership of Deliverables

Upon receipt of full payment for the applicable billing cycle, ArcaneSky assigns to the Client all right, title, and interest in and to the final deliverables produced under these Terms during that cycle, including all copyrights and other intellectual property rights therein. This assignment is effective upon payment and does not require any additional action by either party. In the event that any operation of law would cause ArcaneSky to retain ownership of a deliverable, ArcaneSky irrevocably and perpetually assigns its entire interest in that deliverable to Client, without limitation.

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Deliverables include all final design files, developed Webflow sites, written content, brand assets, and other creative outputs produced specifically for the Client. Deliverables do not include ArcaneSky's underlying tools, frameworks, processes, templates, or proprietary systems used in producing the work.

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5.2 Webflow Sites

ArcaneSky retains workspace-level access and control of the Client’s Webflow site for the duration of the active subscription. This access is used to manage, develop, and maintain the site on the Client’s behalf and does not constitute ownership of the site or its content. The Client retains ownership of their Webflow account, site content, and all associated assets at all times. ArcaneSky will not remove or restrict the Client’s own access to their Webflow account without cause. Upon cancellation of the subscription, ArcaneSky will relinquish workspace access and the Client will retain full and unencumbered control of their Webflow site, provided that the Client is in good standing with no past due balances, late fees, or outstanding obligations owed to ArcaneSky at the time of cancellation. If any past due balance or outstanding obligation exists at the time of cancellation, ArcaneSky will retain workspace access and reserves the right to restrict publishing access, unpublish, or otherwise limit site availability until all outstanding amounts are paid in full. Upon resolution of all outstanding obligations, workspace access will be relinquished promptly. Ongoing ArcaneSky subscription is not required to maintain or access the site following the conclusion of the subscription and settlement of all obligations.

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5.3 Work in Progress at Cancellation

If a subscription is cancelled while a request is actively in progress, ArcaneSky will make reasonable efforts to deliver the in-progress work in its current state within the remaining active subscription period. ArcaneSky is not obligated to complete work that cannot reasonably be finished within the active subscription period following cancellation notice.

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5.4 Client-Provided Materials

The Client retains all rights to materials, assets, logos, copy, and other content provided to ArcaneSky for use in fulfilling requests. The Client grants ArcaneSky a limited, non-exclusive license to use such materials solely for the purpose of fulfilling the Client's requests under these Terms. ArcaneSky will not use Client-provided materials for any other purpose.

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Client warrants that any and all materials provided to ArcaneSky are owned by Client and do not infringe on or misappropriate any third party's rights, including all intellectual property rights and any right of publicity. Client assumes full responsibility for any unauthorized use of images, fonts, or other content provided to ArcaneSky or incorporated into deliverables at Client's direction.

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5.5 Third-Party Assets and Licensing

If ArcaneSky incorporates third-party assets such as stock photography, icon libraries, or fonts into deliverables, ArcaneSky will use only assets with licenses that permit use in the Client's intended context. ArcaneSky will notify the Client in writing of any third-party asset licensing requirements that may affect the Client's use of the deliverables. It is the Client's sole responsibility to obtain and maintain any required licenses for third-party assets incorporated into deliverables at Client's direction.

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5.6 Portfolio and Promotional Use

ArcaneSky reserves the right to display completed work in its portfolio, case studies, website, and marketing materials unless the Client requests otherwise in writing at or before the time of delivery. Clients who wish to maintain confidentiality of their work may execute a mutual non-disclosure agreement with ArcaneSky, which will supersede this right.

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6. Confidentiality

Each party may have access to confidential information of the other party in connection with the Services ("Confidential Information"). Each party agrees to: (a) hold the other party's Confidential Information in strict confidence; (b) not disclose such Confidential Information to any third party without prior written consent; and (c) use such Confidential Information only as necessary to perform obligations under these Terms.

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Confidential Information does not include information that: (i) is or becomes publicly known through no breach of these Terms; (ii) was rightfully in the receiving party's possession prior to disclosure; (iii) is independently developed by the receiving party without use of the disclosing party's Confidential Information; or (iv) is required to be disclosed by law or court order, provided that the receiving party gives prompt written notice to the disclosing party.

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7. Warranties and Disclaimers

7.1 ArcaneSky Warranties

ArcaneSky warrants that: (a) it has the right to enter into these Terms and to provide the Services; (b) the Services will be performed in a professional and workmanlike manner consistent with generally accepted industry standards; and (c) to ArcaneSky's knowledge, deliverables produced by ArcaneSky will not infringe the intellectual property rights of any third party.

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7.2 Disclaimer of Other Warranties

EXCEPT AS EXPRESSLY SET FORTH IN SECTION 7.1, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ARCANESKY DOES NOT WARRANT THAT THE SERVICES WILL MEET ALL CLIENT REQUIREMENTS OR THAT DELIVERABLES WILL ACHIEVE ANY PARTICULAR BUSINESS OUTCOME.

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7.3 Client Warranties

The Client warrants that: (a) it has the right to enter into these Terms; (b) all materials provided to ArcaneSky are owned by the Client or the Client has the necessary rights to provide them; and (c) the Client's use of the Services and deliverables will comply with all applicable laws and regulations.

7.4 Client Content Disclaimer

ArcaneSky is not responsible for the accuracy, completeness, or legal compliance of any content, copy, disclosures, policies, terms, or legal statements provided by the Client or incorporated into deliverables at the Client’s direction. The Client is solely responsible for ensuring that all content published on their website or through any deliverable complies with applicable laws, regulations, and industry requirements, including but not limited to privacy policies, terms of service, accessibility standards, advertising disclosures, and regulatory filings. ArcaneSky shall not be liable for any damages, penalties, claims, or losses arising from missing, inaccurate, incomplete, or non-compliant content or disclosures, regardless of whether such content was incorporated into deliverables by ArcaneSky at the Client’s direction.

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8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ARCANESKY'S TOTAL LIABILITY TO THE CLIENT FOR ANY CLAIMS ARISING UNDER OR RELATED TO THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED THE TOTAL FEES PAID BY THE CLIENT TO ARCANESKY IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE CLAIM.

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IN NO EVENT SHALL ARCANESKY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, OR LOSS OF BUSINESS OPPORTUNITY, EVEN IF ARCANESKY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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9. Indemnification

The Client agrees to indemnify, defend, and hold harmless ArcaneSky, its officers, employees, contractors, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) the Client's breach of these Terms; (b) the Client's use of the Services or deliverables; (c) the Client's provision of materials that infringe the rights of any third party; or (d) the Client's violation of any applicable law or regulation.

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10. Acceptable Use

Clients may not use ArcaneSky's Services to:

• Create, distribute, or promote content that is illegal, defamatory, obscene, or harmful to third parties
• Infringe the intellectual property rights of any third party
• Produce content that violates any applicable law or regulation
• Engage in any form of deceptive, fraudulent, or misleading commercial practice
• Harass, threaten, or abuse ArcaneSky team members

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ArcaneSky reserves the right to refuse any request that, in its reasonable judgment, violates this section or these Terms generally.

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11. Modifications to These Terms

ArcaneSky reserves the right to modify these Terms at any time. When changes are made, ArcaneSky will update the "Last Updated" date at the top of this document and notify active subscribers by email no less than 14 days before the changes take effect. Continued use of the Services after the effective date of the updated Terms constitutes acceptance of the revised Terms.

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If a Client does not agree to the revised Terms, they may cancel their subscription prior to the effective date of the changes in accordance with Section 4.

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12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.

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12.2 Dispute Resolution

In the event of a dispute arising under or related to these Terms, the parties agree to first attempt to resolve the dispute through good-faith negotiation. If the dispute cannot be resolved through negotiation within 30 days, the parties agree to submit the dispute to binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, with arbitration to take place in Pinellas County, Florida.

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Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm pending the resolution of a dispute.

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12.3 Class Action Waiver

Each party waives any right to bring or participate in any class action, collective action, or representative proceeding arising out of or relating to these Terms or the Services.

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13. General Provisions

13.1 Entire Agreement

These Terms, together with any order confirmation or subscription confirmation provided by ArcaneSky, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior and contemporaneous agreements, representations, and understandings.

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13.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions remain in full force and effect.

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13.3 Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. ArcaneSky's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

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13.4 Assignment

The Client may not assign or transfer any rights or obligations under these Terms without ArcaneSky's prior written consent. ArcaneSky may assign these Terms in connection with a merger, acquisition, or sale of substantially all of its assets, provided that the assignee agrees to be bound by these Terms.

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13.5 Force Majeure

Neither party shall be liable for any failure or delay in performance resulting from causes beyond their reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, internet or telecommunications outages, or third-party service failures. The affected party will notify the other party promptly and use reasonable efforts to resume performance as soon as practicable.

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13.6 Notices

All notices under these Terms shall be in writing and delivered by email. Notices to ArcaneSky should be sent to hello@arcanesky.co. Notices to the Client will be sent to the email address on file with the Client's subscription account. Notices are effective upon confirmed delivery.

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13.7 Electronic Communications and Signatures

Client hereby consents to receive electronic communications from ArcaneSky and agrees that all agreements, notices, disclosures, and other communications sent via email satisfy any legal requirement that such communication be in writing. Client agrees to the use of electronic signatures, contracts, orders, and other records and to electronic delivery of notices, policies, and records of transactions.

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13.8 Relationship of the Parties

ArcaneSky is an independent contractor. Nothing in these Terms creates or implies any employment, partnership, joint venture, agency, franchise, or sales representative relationship between the parties.

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14. Contact Information

If you have any questions about these Terms, please contact ArcaneSky here.