Terms and Conditions
These Terms and Conditions ("Terms") govern access to and use of Pendulum Arc ("Arc", the "Service") provided by Pendulum Development Ltd (Company No. 09572240) ("Pendulum", "we", "us"). By creating an account, accepting an invite, starting a paid subscription, or otherwise using the Service, you agree to these Terms on behalf of yourself and, where applicable, the organisation you represent.
Privacy and cookies are described separately in our Privacy & Cookies policy.
1. The Service
Arc is a hosted software service for managing digital properties and running related audits and reports (including SEO, accessibility, and AI visibility workflows), scheduling, collaboration, and billing. Audit jobs may use automated browsers and crawlers against URLs you configure. Features available to you depend on your plan, entitlements, and role. We may improve, add, or remove features from time to time, provided we do not materially reduce paid entitlements without notice as described under billing below.
2. Accounts and access
- You must provide accurate registration details and keep them up to date.
- Sign-in uses magic links sent to your email. You are responsible for safeguarding access to that inbox and for activity under your account.
- Studio and client administrators are responsible for inviting only authorised people and for revoking access when appropriate.
- You must be at least 18 and able to form a binding contract, or have authority to bind the organisation you represent.
3. Acceptable use
You agree not to:
- Use the Service unlawfully or to infringe others' rights
- Probe, crawl, or audit sites or systems you are not authorised to test - you must have permission for every URL and property you configure
- Attempt to bypass access controls, rate limits, entitlements, or payment requirements
- Reverse engineer, resell, or provide the Service to third parties except as expressly allowed (for example inviting collaborators within your studio or client)
- Upload malware, abuse share links, or interfere with the Service or other customers
- Use the Service to send spam or unsolicited bulk communications
We may suspend or terminate access where we reasonably believe these Terms have been breached or the Service is at risk.
4. Customer content and audits
You retain ownership of content and data you submit ("Customer Content"), including site configuration and materials you provide. You grant us a licence to host, process, and display Customer Content solely to provide and improve the Service (including running audit workers and automated browsers, storing report artifacts on our infrastructure, and sending notifications you configure).
Audit outputs may include findings derived from pages we fetch, optional screenshots, scores, and related artifacts for SEO, accessibility, and AI visibility. AI visibility analyses crawl-time signals on the sites you configure; it does not constitute use of third-party generative AI APIs to rewrite or train on your content. You are responsible for the legality of instructing us to process those properties. Share links make report content available to anyone with the URL - you control when they are created and revoked.
5. Plans, trials, and free access
We may offer free or paid plans with different site, seat, and feature limits. Free or complimentary access may be changed or withdrawn with reasonable notice. Paid features require an active subscription in good standing. Entitlements are applied at studio level as described in-product.
6. Fees, billing, and taxes
- Paid plans are billed through Stripe on the cadence you select (for example monthly or yearly) at the prices shown at checkout or in the customer portal, unless we agree otherwise in writing.
- Prices are typically quoted in GBP and may be exclusive of VAT or other taxes, which are charged where applicable.
- By starting a paid subscription you authorise recurring charges until you cancel. You can manage payment methods and cancel via the Stripe customer portal where enabled, or by contacting us.
- If a payment fails or a subscription becomes past due, we may restrict paid features after any grace period we apply, then end paid access if the balance remains unpaid.
- Seat and package changes take effect according to Stripe and our entitlement rules (including prorations where Stripe applies them).
7. Cancellation and refunds
You may cancel a paid subscription at any time. Cancellation stops future renewals; access typically continues until the end of the current paid period unless we state otherwise at cancellation. Fees already paid are non-refundable except where required by law or where we expressly agree in writing (for example a billing error we caused).
8. Availability and support
We aim to keep Arc available and reliable, but the Service is provided on an "as available" basis. Planned maintenance, third-party outages, or events beyond our reasonable control may affect availability. Audit job duration depends on target sites and plan limits. Support is provided via email at arc@pendulumdev.co.uk unless a separate support agreement applies.
9. Intellectual property
We and our licensors own the Service, software, branding, and documentation. These Terms do not transfer any ownership to you. You must not remove proprietary notices or use our marks without permission, except as needed to refer factually to the Service.
10. Confidentiality
Each party will protect the other's confidential information with reasonable care and use it only for performing under these Terms, except where disclosure is required by law or the information is already public through no fault of the receiving party.
11. Warranties and disclaimers
The Service and audit outputs are tools to help you assess and improve digital properties. They do not constitute legal advice, accessibility certification, AI safety or readiness certification, or a guarantee of search rankings, compliance, crawler behaviour, or commercial outcomes. Except as required by law, the Service is provided "as is" without warranties of merchantability, fitness for a particular purpose, or non-infringement.
12. Limitation of liability
Nothing in these Terms excludes liability that cannot be excluded under applicable law (including for death or personal injury caused by negligence, or fraud). Subject to that:
- We are not liable for indirect, incidental, special, consequential, or punitive loss, or for lost profits, revenue, goodwill, or data, whether in contract, tort, or otherwise.
- Our aggregate liability arising out of or related to the Service in any 12-month period is limited to the fees you paid us for the Service in that period (or £100 if you are on a free plan and paid nothing).
13. Indemnity
You will defend and indemnify us against claims, losses, and reasonable costs arising from your Customer Content, your use of the Service in breach of these Terms, or audits you instruct against properties you are not authorised to test.
14. Suspension and termination
You may stop using the Service at any time and close your account via in-product remove flows where available, or by contacting us. We may suspend or terminate access immediately for material breach, unlawful use, non-payment, or risk to the Service or other customers. On termination, your right to access the Service ends. Account and workspace removal typically soft-deletes records first, with later hard deletion of data and artifacts as described in our Privacy & Cookies policy, subject to legal retention needs (including billing records). Sections that by nature should survive (including fees owed, IP, confidentiality, disclaimers, liability limits, and indemnity) will survive.
15. Changes to the Service or Terms
We may update these Terms by posting a revised version on this page. Material changes affecting paid customers will be notified by email or an in-product notice where practical. Continued use after the effective date constitutes acceptance. If you do not agree, you must stop using the Service and cancel any paid subscription.
16. Governing law
These Terms are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction, except that we may seek injunctive relief in any jurisdiction to protect our IP or confidential information.
17. Contact
Questions about these Terms: arc@pendulumdev.co.uk.
Last updated: August 2026