2. Ownership of Platform and Services

3. Regulatory Disclaimer

4. User Eligibility and Account Responsibilities

• Eligibility: You must be at least 18 years old, legally capable of entering binding agreements, and not prohibited from using our Services under applicable law.
• Account Information: You must provide accurate and complete information. You are solely responsible for safeguarding your login credentials.
• Termination: Arrk may suspend or terminate your account at any time for breach of these Terms, non-payment, or misuse.

5. Prohibited Conduct

• Use the Platform for unlawful, unlicensed, or unauthorized insurance activities.
• Access or tamper with non-public systems of Arrk.
• Introduce malware, attempt reverse engineering, or engage in automated scraping.
• Reproduce, resell, or exploit the Services without written consent.

6. Fees, Payments, and Refunds

• Certain features may require payment. All fees are non-refundable unless required by law.
• Payments must be made in advance, in U.S. dollars. You are responsible for applicable taxes.
• Late payments may incur penalties, interest, and collection costs, including attorney's fees.

7. Intellectual Property Rights

8. Data Privacy and Security

• Your use is subject to our Privacy Policy (www.arrk.io/privacy).
• Arrk employs industry-standard security, but cannot guarantee absolute protection.
• Users must comply with GDPR, CCPA, and other applicable data protection laws.
• The Platform is not intended for protected health information (PHI) unless separately contracted.

9. Service Levels and Beta Features

• Arrk will use commercially reasonable efforts to ensure uptime but does not guarantee uninterrupted Services.
• Beta features are provided "as-is" and may be discontinued at any time.

10. Disclaimer of Warranties & Limitation of Liability

• TO THE MAXIMUM EXTENT PERMITTED BY WASHINGTON STATE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
• ARRK MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.
• ARRK DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE PLATFORM, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.
• IN NO EVENT SHALL ARRK'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID ARRK FOR THE SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM, WHICHEVER IS GREATER.
• TO THE MAXIMUM EXTENT PERMITTED BY WASHINGTON STATE LAW, IN NO EVENT SHALL ARRK BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICES.
• ARRK SHALL NOT BE LIABLE FOR ANY REGULATORY FINES, LOSS OF INSURANCE LICENSES, DENIAL OF COVERAGE, OR ANY OTHER REGULATORY CONSEQUENCES RESULTING FROM USER'S MISUSE OF THE PLATFORM OR NON-COMPLIANCE WITH APPLICABLE INSURANCE LAWS AND REGULATIONS.

11. Indemnification

• YOUR BREACH OF THESE TERMS OR ANY REPRESENTATION, WARRANTY, OR AGREEMENT REFERENCED HEREIN, OR ANY APPLICABLE LAW OR REGULATION;
• YOUR UNLICENSED, UNLAWFUL, OR UNAUTHORIZED USE OF INSURANCE SERVICES OR VIOLATION OF ANY INSURANCE LAWS OR REGULATIONS;
• YOUR VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY, INCLUDING INTELLECTUAL PROPERTY RIGHTS, PUBLICITY, CONFIDENTIALITY, PROPERTY, OR PRIVACY RIGHTS;
• YOUR MISUSE OF THE PLATFORM, INTEGRATIONS, OR ANY RELATED SERVICES;
• ANY CONTENT OR DATA ROUTED INTO OR USED WITH THE SERVICES BY YOU, THOSE ACTING ON YOUR BEHALF, OR YOUR END USERS;
• ANY REGULATORY ACTION, INVESTIGATION, OR PROCEEDING ARISING FROM YOUR USE OF THE SERVICES;
• YOUR NEGLIGENT ACTS, OMISSIONS, OR WILLFUL MISCONDUCT.

12. Termination and Suspension

13. Governing Law & Dispute Resolution

• THESE TERMS SHALL BE INTERPRETED, CONSTRUED, AND ENFORCED IN ALL RESPECTS IN ACCORDANCE WITH THE LAWS OF THE STATE OF WASHINGTON, WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES THAT WOULD RESULT IN THE APPLICATION OF THE LAWS OF ANOTHER JURISDICTION.
• ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY THEREOF, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY BINDING ARBITRATION IN SPOKANE, WASHINGTON, UNDER THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION.
• THE ARBITRATOR SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ALL DISPUTES ARISING OUT OF OR RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY, OR FORMATION OF THESE TERMS, INCLUDING ANY CLAIM THAT ALL OR ANY PART OF THESE TERMS ARE VOID OR VOIDABLE.
• CLASS ACTION LAWSUITS, CLASS-WIDE ARBITRATIONS, PRIVATE ATTORNEY-GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT ALLOWED. CLAIMS MAY ONLY BE BROUGHT INDIVIDUALLY.
• YOU MAY OPT OUT OF ARBITRATION WITHIN THIRTY (30) DAYS OF FIRST USE BY PROVIDING WRITTEN NOTICE TO ARRK AT THE ADDRESS LISTED IN SECTION 16.
• NOTWITHSTANDING THE FOREGOING, ARRK MAY SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF TO PROTECT ITS INTELLECTUAL PROPERTY RIGHTS IN ANY COURT OF COMPETENT JURISDICTION.

14. Export & Sanctions Compliance

15. Entire Agreement, Severability, Waiver, Force Majeure

• These Terms and the Privacy Policy constitute the full agreement.
• If any provision is invalid, the remainder still applies.
• Failure to enforce a right is not a waiver.
• Arrk is not liable for delays or failures caused by events beyond its control.

16. Contact Information

17. Specific Services and Industries

• Transportation and Logistics: Complete protection for shipping and logistics operations.
• Mobility: Protection for all aspects of the mobility sector and ridesharing.
• Property Management: Comprehensive solutions for property managers and owners.
• Travel: Travel protection programs for various stakeholders in the travel industry.
• Custom Programs: Bespoke insurance solutions for unique business needs.

18. API Integrations and Developer Resources

• Comply with Arrk's API documentation and guidelines.
• Use API keys and credentials securely and not share them with unauthorized parties.
• Respect rate limits and other technical restrictions imposed by Arrk.
• Notify Arrk promptly of any security vulnerabilities discovered in the API.

19. White Label Solutions

• You are responsible for ensuring that your use of white label services complies with all applicable laws and regulations in your jurisdiction.
• You must not misrepresent the source of the insurance products or services as your own.
• Arrk retains all intellectual property rights related to the white label solutions.
• Any customization or branding must be approved by Arrk in writing before implementation.

20. Revenue Sharing and Compensation

• Any revenue sharing is subject to compliance with applicable insurance laws and regulations.
• Compensation may vary based on the specific products, services, or programs utilized.
• Arrk reserves the right to modify compensation structures with notice as required by the separate agreements.

21. Force Majeure and Business Continuity

22. Assignment and Third-Party Beneficiaries

23. Regulatory Compliance and Licensing

• USERS REPRESENT AND WARRANT THAT THEY POSSESS ALL NECESSARY LICENSES, PERMITS, AND REGULATORY APPROVALS REQUIRED TO USE THE SERVICES IN THEIR JURISDICTION.
• USERS ACKNOWLEDGE THAT INSURANCE LAWS AND REGULATIONS VARY BY JURISDICTION AND AGREE TO COMPLY WITH ALL APPLICABLE REQUIREMENTS.
• ARRK MAKES NO REPRESENTATIONS REGARDING THE LEGALITY OF THE SERVICES IN ANY PARTICULAR JURISDICTION AND DISCLAIMS ALL LIABILITY FOR USER'S NON-COMPLIANCE WITH APPLICABLE LAWS.
• USERS AGREE TO INDEMNIFY ARRK FOR ANY VIOLATIONS OF INSURANCE LAWS, REGULATIONS, OR LICENSING REQUIREMENTS ARISING FROM THEIR USE OF THE SERVICES.

24. Data Retention and Deletion

• ARRK RETAINS USER DATA ONLY AS LONG AS NECESSARY TO PROVIDE THE SERVICES AND COMPLY WITH LEGAL OBLIGATIONS.
• UPON TERMINATION, ARRK MAY DELETE USER DATA AFTER A REASONABLE PERIOD, UNLESS RETENTION IS REQUIRED BY LAW OR FOR LEGITIMATE BUSINESS PURPOSES.
• USERS ARE RESPONSIBLE FOR BACKING UP THEIR DATA BEFORE TERMINATION.
• ARRK SHALL NOT BE LIABLE FOR ANY LOSS OF DATA FOLLOWING TERMINATION OF SERVICES.

25. Modification of Services

26. Insurance Regulatory Compliance

• USERS ACKNOWLEDGE THAT ARRK OPERATES IN A HIGHLY REGULATED INSURANCE ENVIRONMENT AND AGREE TO COMPLY WITH ALL APPLICABLE FEDERAL, STATE, AND LOCAL INSURANCE LAWS, REGULATIONS, AND LICENSING REQUIREMENTS.
• USERS REPRESENT THAT THEY HAVE OBTAINED ALL NECESSARY APPROVALS FROM REGULATORY AUTHORITIES BEFORE USING THE SERVICES AND WILL MAINTAIN SUCH APPROVALS THROUGHOUT THE TERM OF USE.
• ARRK RESERVES THE RIGHT TO IMMEDIATELY SUSPEND OR TERMINATE SERVICES UPON NOTICE OF ANY REGULATORY ACTION, INVESTIGATION, OR VIOLATION BY THE USER.
• USERS AGREE TO PROVIDE ARRK WITH IMMEDIATE WRITTEN NOTICE OF ANY REGULATORY INQUIRIES, INVESTIGATIONS, OR ACTIONS RELATED TO THEIR USE OF THE SERVICES.

27. Anti-Money Laundering and Know Your Customer

• USERS AGREE TO COMPLY WITH ALL APPLICABLE ANTI-MONEY LAUNDERING (AML) AND KNOW YOUR CUSTOMER (KYC) REQUIREMENTS.
• ARRK MAY REQUIRE ADDITIONAL DOCUMENTATION OR VERIFICATION TO COMPLY WITH REGULATORY REQUIREMENTS AND RESERVES THE RIGHT TO REFUSE SERVICE IF SUCH REQUIREMENTS CANNOT BE MET.
• USERS ACKNOWLEDGE THAT FAILURE TO PROVIDE REQUIRED DOCUMENTATION MAY RESULT IN IMMEDIATE SUSPENSION OR TERMINATION OF SERVICES.

28. Cybersecurity and Data Breach Notification

• ARRK MAINTAINS COMPREHENSIVE CYBERSECURITY MEASURES BUT USERS ACKNOWLEDGE THAT NO SYSTEM IS COMPLETELY SECURE.
• IN THE EVENT OF A DATA BREACH, ARRK WILL PROVIDE NOTIFICATION TO AFFECTED USERS IN ACCORDANCE WITH APPLICABLE LAW, BUT SHALL NOT BE LIABLE FOR DAMAGES RESULTING FROM SUCH BREACH BEYOND WHAT IS REQUIRED BY LAW.
• USERS AGREE TO IMPLEMENT REASONABLE SECURITY MEASURES ON THEIR END AND TO REPORT ANY SUSPECTED SECURITY INCIDENTS TO ARRK IMMEDIATELY.

29. Sanctions and Export Control Compliance

• USERS REPRESENT AND WARRANT THAT THEY ARE NOT SUBJECT TO ANY U.S. OR INTERNATIONAL SANCTIONS AND ARE NOT LOCATED IN ANY SANCTIONED COUNTRY OR TERRITORY.
• USERS AGREE NOT TO USE THE SERVICES TO FACILITATE ANY TRANSACTIONS INVOLVING SANCTIONED PARTIES OR PROHIBITED ACTIVITIES.
• ARRK RESERVES THE RIGHT TO IMMEDIATELY SUSPEND OR TERMINATE SERVICES IF IT BELIEVES USER IS IN VIOLATION OF SANCTIONS OR EXPORT CONTROL LAWS.

30. Business Associate Agreement (Healthcare)

31. Audit Rights and Compliance Monitoring

• ARRK RESERVES THE RIGHT TO AUDIT USER'S COMPLIANCE WITH THESE TERMS AND APPLICABLE LAWS UPON REASONABLE NOTICE.
• USERS AGREE TO COOPERATE FULLY WITH ANY SUCH AUDIT AND TO PROVIDE ACCESS TO RELEVANT RECORDS AND PERSONNEL.
• FAILURE TO COOPERATE WITH AN AUDIT OR DISCOVERY OF MATERIAL NON-COMPLIANCE MAY RESULT IN IMMEDIATE TERMINATION OF SERVICES.

32. Service Level Agreements and Uptime

• WHILE ARRK STRIVES FOR HIGH AVAILABILITY, NO SERVICE LEVEL AGREEMENT OR UPTIME GUARANTEE IS PROVIDED UNLESS SEPARATELY CONTRACTED IN WRITING.
• ARRK SHALL NOT BE LIABLE FOR ANY DOWNTIME, SERVICE INTERRUPTIONS, OR PERFORMANCE ISSUES UNLESS SUCH LIABILITY IS SPECIFICALLY ASSUMED IN A SEPARATE AGREEMENT.
• USERS ACKNOWLEDGE THAT INTERNET-BASED SERVICES ARE SUBJECT TO VARIOUS FACTORS BEYOND ARRK'S CONTROL.

33. Intellectual Property Infringement Claims

• IF ARRK RECEIVES A CLAIM THAT THE SERVICES INFRINGE THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS, ARRK MAY, AT ITS SOLE DISCRETION: (A) OBTAIN THE RIGHT TO CONTINUE PROVIDING THE SERVICES, (B) MODIFY THE SERVICES TO AVOID INFRINGEMENT, OR (C) TERMINATE THE SERVICES.
• THIS SECTION STATES ARRK'S ENTIRE LIABILITY AND USER'S EXCLUSIVE REMEDY FOR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS.

34. Survival of Terms

35. Headings and Interpretation

36. Electronic Signatures and Records