Effective Date: August 26, 2026
These Arena Physica Atlas Terms of Service (these “Terms”) govern an individual’s access to and use of Atlas Desktop and any other Arena Physica-hosted software, models, applications, interfaces, documentation, support, and related services that reference these Terms (collectively, the “Services”). Atlas Desktop is a downloadable application that may access files and other content on your device only as you direct it. The Services are provided by Arena Technologies, Inc. (“Arena Physica,” “we,” “us,” or “our”).
If you access or use the Services on behalf of an organization that has entered into a written agreement with Arena Physica governing the Services (the “Customer Agreement”), you are an “Authorized User” of that organization (“Customer”). By clicking to accept these Terms, downloading, installing, creating an account, or accessing or using the Services, you agree to these Terms. If you use the Services for an organization, you represent that you are authorized to bind that organization, and “you” includes that organization, except where the applicable organization has entered into a Master Services Agreement with Arena Physica. If you do not agree, do not access or use the Services.
The Customer Agreement controls to the extent of any conflict with these Terms, and Customer is responsible for your use of the Services.
1. Access to the Services
You must be at least 18 years old and able to form a binding contract to use the Services. You may use the Services only through an account assigned to you or otherwise authorized by Arena Physica. You must provide accurate account information, keep your credentials confidential, and promptly notify us at security@arenaphysica.com if you suspect unauthorized access. You are responsible for activity through your account to the extent caused by your failure to protect your credentials or comply with these Terms.
Subject to your compliance with these Terms and, if applicable, the Customer Agreement, Arena Physica grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license during the applicable subscription term to download, install, access, and access and use the Services solely for Customer’s internal business purposes and in accordance with the applicable documentation. The Services are licensed, not sold. You may install Atlas Desktop only on devices you own or control and only in the number and manner permitted by your plan or documentation.
You may use the Services only through an account assigned to you or otherwise authorized by Customer or Arena Physica. You must keep your credentials confidential, not share them with any other person, and promptly notify Customer or Arena Physica if you suspect unauthorized access to your account. You are responsible for activity through your account to the extent caused by your failure to protect your credentials or comply with these Terms.
Arena Physica may modify, update, suspend, or discontinue features of the Services from time to time. Arena Physica will not materially reduce the overall functionality of paid Services during the applicable subscription term except as permitted by the Customer Agreement or where reasonably necessary for security, legal compliance, or to prevent abuse. Arena Physica may automatically provide updates to Atlas Desktop, including security updates, and you agree to receive them.
2. Customer Administration and Customer Data
If you are an Authorized User, Customer controls your access to the Services and may add, remove, suspend, or modify your access, including your ability to view, export, or delete information associated with Customer’s account. Customer may also establish supplemental policies or instructions for its Authorized Users. You must comply with those policies and instructions, and Customer is responsible for obtaining all notices, permissions, consents, and other rights needed for the Customer Data it and its Authorized Users provide to the Services.
As between Arena Physica and Customer, information submitted to, made available through, or generated from use of the Services under Customer’s account, including prompts, files, data, configurations, and results, is “Customer Data” under the Customer Agreement. The Customer Agreement governs Arena Physica’s processing, ownership, confidentiality, security, retention, and deletion of Customer Data. Nothing in these Terms expands Arena Physica’s rights to use Customer Data beyond those granted in the Customer Agreement and applicable Data Processing Addendum.
3. AI Features; Inputs and Outputs
The Services may use artificial intelligence, machine learning, statistical, and other automated technologies to generate, analyze, summarize, recommend, classify, predict, transform, or otherwise process content (collectively, “AI Features”). You may provide text, data, files, instructions, or other content to AI Features (“Inputs”), and AI Features may produce content in response (“Outputs”).
Atlas Desktop may read Inputs from your device or locally installed software only when you select, authorize, or direct that access. Your Inputs may be transmitted to the model provider you select or that is required for the feature, including Anthropic, OpenAI, xAI, or another provider identified in the Services. If you enable a web-search or other integration feature, relevant Inputs may also be sent to the applicable search, integration, or data provider. Do not use a model or feature where you lack authority to provide the relevant Inputs.
You understand and agree that:
- Outputs are generated probabilistically and may be inaccurate, incomplete, non-unique, biased, unsuitable, or otherwise unreliable.
- You are solely responsible for reviewing and validating Outputs before relying on, publishing, distributing, implementing, or using them. The Services are not a substitute for professional engineering, technical, safety, regulatory, legal, or other expert judgment.
- You will not use Outputs as the sole basis for a decision that produces legal, safety-critical, or similarly material effects on an individual without appropriate qualified human review.
- You must not represent that an Output was generated by a human if that would be misleading, or represent an Output as factual, complete, or fit for a particular purpose without independently verifying it.
- Outputs may be similar or identical to outputs generated for other users, and Arena Physica does not guarantee that an Output is unique or available for use without third-party rights or other restrictions.
Customer, not Arena Physica, determines whether and how to use Inputs and Outputs. Arena Physica does not obtain ownership of Customer Data merely because it is processed by an AI Feature. Arena Physica may use de-identified and aggregated usage information as permitted by the Customer Agreement and applicable law, but will not use Customer Data to train generally available models unless the Customer Agreement expressly permits that use. For users not acting for a Customer, Arena Physica will not use Inputs or Outputs to train generally available AI models without the user’s express permission.
4. Trials, Subscriptions, Credits, and Payment
4.1 Free Trials. We may offer a free trial with a stated credit allowance and duration. A trial does not automatically convert to a paid subscription: you will be charged only after you select a paid plan and provide the required payment authorization. We may modify or withdraw trials at any time and may limit eligibility or use of a trial.
4.2 Paid Subscriptions. Paid subscriptions are billed in advance on a monthly or annual basis, as selected at checkout, and automatically renew at the end of each billing period unless you cancel before the renewal date. By starting a paid subscription, you authorize Arena Physica and its payment processor to charge your selected payment method the applicable recurring subscription price, taxes, and other disclosed charges at each renewal. We will present the material subscription terms, including price, billing frequency, and cancellation method, before you place an order. You may cancel at any time through the self-service customer portal identified in your account. Cancellation takes effect at the end of the then-current paid period; you will retain access until then.
4.3 Credits and Top-Ups. Each subscription includes the stated allocation of usage credits. Credits are an internal unit that may be redeemed only for eligible use of the Services and have no cash value. The number of credits used for a request may vary by selected model, feature, token consumption, and other disclosed factors; credits do not represent a fixed quantity of model tokens or other third-party services. Included monthly credits reset at the end of each monthly billing period and do not roll over. One-time top-up credits roll over and do not expire while your account remains active, unless we are required to close or suspend it under these Terms. We may stop processing requests when your available credits reach zero; we will not charge usage fees beyond amounts you have affirmatively purchased or authorized.
4.4 Prices and Changes. We may change subscription prices, included credit allocations, and the credit rates for models or features. Any change will apply no earlier than your next renewal following at least 30 days’ advance notice, unless a shorter period is permitted by applicable law and the change is required by law, a security issue, or a third-party provider’s change outside our reasonable control. If you do not agree to a change, you may cancel before it takes effect. Changes will not reduce credits already purchased as a one-time top-up.
4.5 Taxes; Refunds. Prices exclude applicable taxes unless stated otherwise. You are responsible for applicable taxes other than taxes based on our net income. Except where required by applicable law or expressly stated at purchase, payments are non-refundable and we do not provide refunds or credits for partial billing periods, unused included credits, or cancelled subscriptions. Nothing in these Terms limits a non-waivable consumer right, including any right of withdrawal applicable to digital services or content.
4.6 Digital-Service Consent. Where required for immediate access to digital content or services, you expressly request immediate performance and acknowledge that you may lose any applicable statutory right of withdrawal once performance begins, to the extent permitted by applicable law. We will obtain any separate consent or acknowledgement required at checkout.
5. Acceptable Use
You will not, and will not permit any other person to:
- use the Services in violation of applicable law, regulation, or third-party rights;
- submit or make available any Input unless you have all rights, notices, permissions, and consents necessary to do so and to permit the processing contemplated by the Services and the Customer Agreement;
- use the Services to develop, train, or improve a product or service that competes with the Services, or to benchmark the Services for publication or competitive purposes without Arena Physica’s prior written consent;
- reverse engineer, decompile, disassemble, attempt to derive source code or underlying models or algorithms from, scan, probe, test the vulnerability of, or otherwise interfere with the security or operation of the Services;
- copy, modify, create derivative works of, rent, lease, sell, resell, distribute, sublicense, or make the Services available to any third party except as expressly authorized by the Customer Agreement;
- bypass or circumvent access controls, usage limits, or other technical restrictions, or use any automated means to scrape, crawl, extract, or collect data from the Services except through a documented Arena Physica API expressly authorized by Arena Physica;
- upload, transmit, or introduce malware, harmful code, or content intended to damage, disrupt, or gain unauthorized access to any system or data;
- use the Services to generate or disseminate unlawful, infringing, deceptive, defamatory, discriminatory, harassing, or harmful content, or to facilitate wrongdoing;
- use the Services in connection with any activity subject to the International Traffic in Arms Regulations or involving data listed on the U.S. Munitions List, unless Arena Physica has expressly agreed in writing; or access or use the Services if you are located in, ordinarily resident in, or organized under the laws of a restricted jurisdiction, or are a prohibited or restricted party, in each case in violation of applicable sanctions or export-control laws; or
- remove, obscure, or alter proprietary notices on or in the Services.
Arena Physica may investigate suspected violations and suspend or terminate your access where reasonably necessary to protect the Services, Arena Physica, Customer, other users, or third parties, or to comply with law. Where practicable, Arena Physica will provide notice to Customer.
6. Proprietary Rights
The Services, including their software, models, algorithms, interfaces, documentation, and all related intellectual property rights, are owned by Arena Physica or its licensors and are protected by intellectual-property and other laws. Except for the limited right of access expressly granted in these Terms, no rights are granted to you by implication, estoppel, or otherwise.
You may provide suggestions, ideas, or feedback regarding the Services (“Feedback”). You grant Arena Physica a perpetual, irrevocable, worldwide, royalty-free right to use, reproduce, modify, and otherwise exploit Feedback without restriction or compensation, provided Arena Physica will not publicly identify you or Customer as the source without permission.
7. Third-Party Services
The Services may enable access to or interoperate with third-party products, services, data sources, search services, or models. Those third parties are responsible for their offerings, and your use of them may be subject to separate terms and privacy policies. Arena Physica is not responsible for third-party services, except to the extent expressly stated in the Customer Agreement or required by applicable law.
8. Privacy
Arena Physica’s processing of personal information is described in the Arena Physica Atlas Product Privacy Policy. If you are an Authorized User, Arena Physica processes Customer Personal Data as a service provider or processor on Customer’s behalf under the Customer Agreement and applicable Data Processing Addendum. Questions or requests regarding Customer Data should generally be directed to Customer.
9. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARENA PHYSICA WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, BUSINESS, GOODWILL, OR OPPORTUNITY, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARENA PHYSICA’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE AMOUNTS YOU PAID TO ARENA PHYSICA FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY. These limitations do not apply to liability that cannot be limited under applicable law and shall not limit any express warranty that Arena Physica has made to Customer in a Master Services Agreement.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARENA PHYSICA WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, BUSINESS, GOODWILL, OR OPPORTUNITY, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE AN AUTHORIZED USER, YOUR RIGHTS AND REMEDIES WITH RESPECT TO THE SERVICES ARE SOLELY AGAINST CUSTOMER, EXCEPT TO THE EXTENT APPLICABLE LAW DOES NOT PERMIT THAT LIMITATION. ARENA PHYSICA’S OBLIGATIONS TO CUSTOMER, INCLUDING ANY LIABILITY LIMITATIONS, ARE GOVERNED EXCLUSIVELY BY THE CUSTOMER AGREEMENT. Nothing in these Terms makes you a third-party beneficiary of the Customer Agreement.
11. Suspension and Termination
These Terms remain in effect until your access to the Services ends. Arena Physica or Customer may suspend or terminate your access at any time, including upon the expiration or termination of the Customer Agreement. Sections 2 through 9 and 11 survive termination to the extent necessary to give them effect.
12. General
You may not assign or transfer these Terms or any right under them. Arena Physica may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its relevant assets or business.
These Terms are governed by the laws specified in the Customer Agreement, without regard to conflict-of-law principles. If no Customer Agreement applies, these Terms are governed by the laws of the State of New York, excluding its conflict-of-law rules, and the state and federal courts located in New York County, New York will have exclusive jurisdiction, except that either party may seek injunctive relief in any court of competent jurisdiction. Nothing in these Terms deprives you of mandatory protections of the law of your country of residence.
Arena Physica may update these Terms from time to time. If an update materially adversely affects your rights, Arena Physica will provide reasonable notice through the Services or by other reasonable means. Your continued use after the effective date of an update constitutes acceptance of the updated Terms. For Authorized Users, no update will amend the Customer Agreement.
If any provision of these Terms is unenforceable, the remaining provisions will remain in effect. Arena Physica’s failure to enforce a provision is not a waiver. These Terms do not create an employment, agency, partnership, joint venture, or fiduciary relationship.
12. Contact
Questions about these Terms or the Services may be sent to legalnotices@arenaphysica.com.