Terms of Service

Contracted Customers

For customers that have executed a Services Agreement with Arkero (including a Master Services Agreement, Statement of Work, or Data Processing Agreement), the terms of that agreement govern and supersede these Terms in their entirety to the extent of any conflict. The provisions of these Terms apply to contracted customers only to the extent not addressed by their Services Agreement.

1. Definitions

"Customer" means the organization that has executed a Services Agreement with Arkero.

"Authorized User" means an individual employee or contractor of Customer who Customer has permitted to access the Services.

"Customer Data" means all data uploaded, submitted, or integrated into the platform by Customer or its Authorized Users.

"Services" means Arkero's AI-powered workflow automation tools, platform, demo and trial environments, and related services.

Customer is responsible for all acts and omissions of its Authorized Users.

2. Scope

These Terms apply to: (a) visitors to Arkero's public website at https://arkero.ai; (b) prospective customers accessing any Arkero demo or trial environment; and (c) Authorized Users accessing the Arkero platform. These Terms do not create any obligation on Arkero's part to provide services, enter into a contract, or make its platform available to any party. Demo and trial access is provided as-is, is subject to these Terms, and may be terminated by Arkero at any time.

3. Account and Access

You must be at least 18 years old to access the Services. Authorized Users must be designated by a Customer organization. You are responsible for maintaining the confidentiality of your login credentials and ensuring only authorized individuals access your account. You may not share credentials with any third party. Notify us immediately at legal@arkero.ai of any unauthorized access or security breach. Customer is responsible for all activity that occurs under its Authorized Users' accounts.

4. Data Management

Ownership: All Customer Data remains the property of the Customer. Arkero claims no ownership rights over Customer Data.

License: Customer grants Arkero a limited license to use Customer Data solely to provide, operate, and improve the Services.

AI/ML: Arkero does not use Customer Data to train, fine-tune, or improve its AI or machine learning models without the explicit written consent of Customer.

DPA: To the extent Arkero processes personal data on behalf of Customer, the parties may enter into a separate Data Processing Agreement ("DPA"), which, if executed, shall be incorporated into these Terms by reference and shall govern such processing.

5. Intellectual Property

Arkero owns all intellectual property rights in the Services, platform, underlying technology, and related materials, including outputs generated by the platform. Use of the Services does not transfer any ownership of Arkero's intellectual property to Customer or any Authorized User. Customer retains ownership of Customer Data. You may not reproduce, distribute, or create derivative works from any Arkero materials or platform outputs without our prior written consent. Any feedback or suggestions you provide grant Arkero a license to use such feedback without compensation or obligation.

6. Acceptable Use

You agree not to: (a) use the Services for any unlawful purpose or in a manner that harms others; (b) attempt to gain unauthorized access to any Arkero systems or data; (c) reverse engineer, decompile, or attempt to extract Arkero's underlying technology or methodologies; (d) share access credentials with unauthorized parties; (e) interfere with the security, integrity, or performance of the Services; or (f) transmit any harmful, offensive, or infringing content through any Arkero touchpoint.

7. AI-Generated Content

The Services utilize artificial intelligence and machine learning technologies to generate outputs, recommendations, and content. Such outputs are provided for informational and decision-support purposes only. Arkero is not a professional advisor and nothing in these outputs constitutes professional, legal, financial, or operational advice. All decisions made in connection with such outputs remain solely the responsibility of the Customer and its Authorized Users. Arkero does not warrant the accuracy or completeness of AI-generated outputs and shall not be liable for any decisions made in reliance thereon.

8. Warranties

Contracted customers should refer to their Services Agreement for applicable warranties. To the extent no Services Agreement is in place, the Services are provided without warranty of any kind, to the maximum extent permitted by applicable law.

9. Limitation of Liability

Contracted customers should refer to their Services Agreement for applicable liability terms. To the extent no Services Agreement is in place, Arkero shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits or data. In no event shall Arkero's total liability exceed one hundred dollars ($100), to the maximum extent permitted by applicable law.

10. Indemnification

Contracted customers should refer to their Services Agreement for applicable indemnification terms. To the extent no Services Agreement is in place, you agree to hold Arkero harmless from claims, damages, or expenses arising from your breach of these Terms or your misuse of the Services.

11. Dispute Resolution

Contracted customers should refer to their Services Agreement for applicable dispute resolution terms. To the extent no Services Agreement is in place, before initiating arbitration, the claiming party shall provide written notice describing the dispute in reasonable detail. The parties shall have thirty (30) days to attempt to resolve the dispute in good faith. If unresolved, disputes shall be submitted to binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, conducted in Delaware. The arbitrator's decision shall be final and binding. Nothing herein prevents either party from seeking injunctive relief in a court of competent jurisdiction.

12. Force Majeure

Neither party shall be liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, natural disasters, government action, or internet outages.

13. Termination

Arkero may suspend or terminate access to the Services at any time for violation of these Terms, failure to pay fees, or circumstances that compromise the integrity or security of the platform. Customers operating under a Services Agreement may terminate use of the Services per the terms of that agreement. Upon termination, your right to access the Services ceases immediately.

14. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.

15. Changes to These Terms

Arkero may update these Terms from time to time. The most current version will always be posted at https://arkero.ai. Continued use of the Services after changes are posted constitutes acceptance of the updated Terms.

16. Contact

For questions about these Terms:

Arkero Technologies, Inc. | Seattle, WA | legal@arkero.ai