Terms of Service
Effective date: 22 May 2026 Version: 1.0
These Terms of Service ("Terms") govern your access to and use of Archively (the "Service"). By creating an account, purchasing a subscription, or using the Service, you agree to these Terms. If you are accepting on behalf of an institution or other organisation, you confirm that you have authority to bind that organisation, and "you" refers to that organisation.
If you do not agree, do not use the Service.
1. Who we are
Archively is operated by Sharpian (샤피안), a sole proprietorship registered in the Republic of Korea ("Sharpian", "we", "us", "our"). Business registration details are available on request and are provided to our payment processor.
- General, support, and billing: hello@archively.ai
- Legal, privacy, and data protection: legal@archively.ai
2. The Service
Archively is a cloud-hosted, multi-tenant platform for cataloguing, describing, managing, and publishing digitised archival and collection material. Depending on your plan, the Service may include a management workspace, a public-facing portal, import/export tools, and optional AI-assisted features (see Section 8).
We provide hosting, maintenance, and updates. Specific features, limits, and support levels depend on your plan as described on our pricing page or in your order form. We may improve, change, or discontinue features over time; we will not materially reduce the core functionality of a paid plan during a paid term without notice.
3. Payment, plans, and Merchant of Record
3.1 Online subscriptions (via Paddle)
Paid subscriptions purchased online through the Service are sold through Paddle, our authorised reseller and Merchant of Record. This means:
- Your payment contract is with Paddle, who collects payment, handles applicable sales tax / VAT, and appears on your statement.
- Paddle's Buyer Terms apply to the payment transaction, in addition to these Terms, which govern your use of the Service.
- Refunds for online purchases are handled as set out in our Refund & Cancellation Policy and by Paddle.
3.2 Fees, billing, and auto-renewal
- Plan prices, features, and limits are as shown on our pricing page or at checkout, and may change from time to time; the price shown when you subscribe or renew applies to that period.
- Paid subscriptions renew automatically at the end of each billing period (for example, monthly or annually, as selected at checkout) at the then-current price, unless cancelled before the renewal date. We send a renewal reminder to your account email before each renewal charge.
- You may cancel at any time; cancellation takes effect at the end of the current paid period. See the Refund & Cancellation Policy.
- Prices are stated exclusive of taxes unless otherwise indicated. For online purchases, Paddle applies any required taxes at checkout.
3.3 Plans sold directly (invoice / bank transfer)
Some plans (for example, pilot or institutional plans) are sold directly by Sharpian by invoice and bank transfer under an order form or master agreement. Where that agreement conflicts with these Terms, the agreement controls for that plan.
3.4 Non-payment
If fees are unpaid past 30 days of the due date, we may suspend access after written notice. Suspension does not relieve you of the obligation to pay amounts due.
4. Accounts and access
- You are responsible for safeguarding account credentials and for all activity under your account.
- Designated tenant administrators may create and remove users within their tenancy. We do not audit a tenant's internal access decisions.
- You must provide accurate account information and keep it current.
5. Your content and intellectual property
- You own your content. You retain all rights, title, and interest in the records, files, metadata, and other material you upload or create in the Service ("Your Content").
- Licence to operate. You grant us a limited, non-exclusive, worldwide licence to host, store, process, transmit, display, and create technical copies of Your Content solely to provide and support the Service to you, including running features you enable (such as AI processing under Section 8) and serving published material through your public portal as you configure it. This licence ends when Your Content is deleted from the Service, subject to routine backup retention.
- Your responsibilities. You represent and warrant that you hold the rights, consents, and lawful basis necessary to upload, process, and publish Your Content through the Service, and that doing so does not infringe any third party's intellectual property, privacy, publicity, or other rights or violate any law.
- Our IP. The Service, including its software, design, and documentation (excluding Your Content), is owned by us or our licensors. We grant you a limited, non-transferable right to use the Service during your subscription. You may not copy, reverse-engineer, resell, or create derivative works of the Service except as permitted by law.
- Feedback. If you give us suggestions or feedback, we may use them without restriction or obligation to you.
6. Export and portability
You may export Your Content at any time during your subscription using the export tools available for your plan, in the formats the Service supports at that time. We do not charge an additional fee to export Your Content. You are responsible for maintaining your own copies of any content that is critical to you; the Service's export and backup features are not a substitute for your own records management.
7. Acceptable use
Your use of the Service is subject to our Acceptable Use Policy, which is incorporated into these Terms. In summary, you must not use the Service to process unlawful content, infringe third-party rights, compromise the security or integrity of the Service, access other tenants' data, or exceed documented rate limits. We may remove content or suspend access for violations as described in that policy. To report content you believe infringes your rights or is otherwise unlawful, see our Notice & Takedown policy.
8. AI-assisted features
- Some features use artificial intelligence to assist with tasks such as text extraction, transcription, description, entity recognition, and search. When you run these features, the relevant content is processed by us and by the AI sub-processor(s) we use, solely to produce the output you request. As described in our Privacy Policy, Your Content is not used to train foundation models.
- AI output is assistive and probabilistic. It may be incomplete, inaccurate, or unsuitable for a given purpose. You are responsible for reviewing AI-generated output before relying on or publishing it. We do not warrant the accuracy, completeness, or fitness of any AI-generated output, and you should not treat it as a substitute for professional archival judgement.
- AI features and the underlying providers may change over time. Availability and limits depend on your plan.
9. Availability and support
- We aim to keep the Service available and reliable, but online self-serve plans are provided on a best-effort basis with no contractual uptime guarantee or service credits. Support for these plans is provided by email on a reasonable-efforts basis.
- Contractual service levels (SLAs), defined support response times, and service credits are available only where expressly agreed in an order form or master agreement (typically Pilot and Enterprise plans).
- We may carry out maintenance, and will try to give advance notice of planned downtime that is likely to be significant.
10. Data protection
Our handling of personal data is described in our Privacy Policy. Where we process personal data contained in Your Content on your behalf, we act as your processor, and our Data Processing Agreement applies and is incorporated into these Terms.
11. Confidentiality
Each party will protect the other's confidential information using at least reasonable care and will use it only to perform under these Terms. We will not disclose Your Content to third parties except to sub-processors operating under confidentiality and data-protection obligations consistent with these Terms and our Privacy Policy, or where required by law.
12. Warranties and disclaimer
Except as expressly stated in these Terms, the Service is provided "as is" and "as available", without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or uninterrupted or error-free operation, to the maximum extent permitted by applicable law. Some jurisdictions do not allow certain disclaimers; in that case, the disclaimers apply to the fullest extent permitted.
13. Limitation of liability
To the maximum extent permitted by applicable law:
- Cap. Our total aggregate liability arising out of or relating to the Service or these Terms will not exceed the total fees actually received by us from you (net of amounts retained by or passed through to Paddle) for the Service in the twelve (12) months immediately before the event giving rise to the claim.
- Excluded damages. We will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or anticipated savings, even if advised of the possibility of such damages.
- Carve-outs. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, for gross negligence or wilful misconduct, or for any non-waivable statutory rights you may have as a consumer.
14. Indemnity
You will defend and indemnify us against third-party claims, damages, and reasonable costs arising from (a) Your Content, (b) your use of the Service in breach of these Terms or the Acceptable Use Policy, or (c) your violation of law or third-party rights. We will notify you of the claim, let you control the defence (with our reasonable cooperation), and not settle in a way that imposes obligations on us without our consent.
15. Suspension and termination
- By you: You may cancel as described in the Refund & Cancellation Policy.
- By us: We may suspend or terminate access for material breach (including non-payment or AUP violations) where the breach is not cured within a reasonable period after notice, or immediately where required to protect the Service, other customers, or to comply with law.
- Effect: On termination, your right to use the Service ends. You may export Your Content before access ends, and we delete Your Content in accordance with the Privacy Policy. Provisions that by their nature should survive (including Sections 5, 12, 13, 14, and 17) survive termination.
16. Changes to these Terms
We may update these Terms. For material changes, we will give at least 30 days' notice by email to account administrators or by notice in the Service or on this page. Changes take effect on the stated effective date; continued use after that date constitutes acceptance. If you do not agree to a material change, your remedy is to stop using the Service and cancel.
17. Governing law and disputes
These Terms are governed by the laws of the Republic of Korea, without regard to conflict-of-laws rules. The parties submit to the exclusive jurisdiction of the Daegu District Court (대구지방법원) as the court of first instance, except that either party may seek injunctive relief in any court of competent jurisdiction. Nothing in this section deprives a consumer of the protection of mandatory provisions of the law of their place of residence.
18. General
- Entire agreement. These Terms, together with the Privacy Policy, Refund & Cancellation Policy, Acceptable Use Policy, Data Processing Agreement, and any order form, are the entire agreement between us and supersede prior agreements on the subject.
- Assignment. You may not assign these Terms without our consent; we may assign them in connection with a reorganisation or transfer of the business, on notice.
- Severability. If any provision is unenforceable, the rest remains in effect.
- Waiver. Failure to enforce a provision is not a waiver.
- Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control.
- Notices. Legal notices to us go to hello@archively.ai; to you, to your account email.
19. Contact
Questions about these Terms: hello@archively.ai