Legal

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, entering an order form, 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 platform for cataloguing, describing, managing, and publishing digitised archival and collection material. It is offered as a managed multi-tenant cloud service, as a dedicated Archively-managed environment, or as a customer-controlled self-hosted deployment, depending on your plan. 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 in your order form or written agreement. 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 and plans

3.1 Plans and billing (invoice / bank transfer)

Plans and services are sold directly by Sharpian under an order form or written agreement, invoiced and payable by bank transfer. Prices are stated exclusive of taxes unless otherwise indicated. Where that agreement conflicts with these Terms, the agreement controls for that plan.

3.2 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. Unless your order form or written agreement states otherwise, the Service is provided on a best-effort basis with no contractual uptime guarantee or service credits, and support is provided by email on a reasonable-efforts basis.
Any contractual service levels, support response times, or service credits apply only where they are expressly agreed in your order form or master agreement.
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 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 set out in your order form or written agreement; cancellation takes effect at the end of the current paid period unless that agreement says otherwise.
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, 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