Effective Date: 1 August 2023

Welcome to Arrk, the innovative product offered and operated by KARR DYNAMICS PTY LTD. These Terms and Conditions (“Agreement”) outline the terms under which you may access and use our website (“Website”) and the services provided by Arrk (“Services”). By accessing the Website or using our Services, you agree to be bound by this Agreement. Please read these terms carefully before using the Website or Services.

1. Acceptance of Terms

1.1. Arrk is a software as a service platform that provides content generation services using OpenAI’s API and other various AI models.
1.2. By using the Website or Services, you acknowledge that you have read, understood, and agreed to be bound by these terms and conditions.
1.3. Arrk reserves the right to modify or update these terms and conditions at any time without prior notice. It is your responsibility to review these terms periodically.

1.4. If you do not agree to these terms, you should refrain from using the Website and Services.

2. Use of Arrk Platforms and Services

2.1. “Arrk” refers to the product provided and operated by KARR DYNAMICS PTY LTD through its website, available at [https://arrk.app] and, [https://beta.arrk.app https://platform.arrk.app], (“Arrk Platforms”).

2.2. “Website” refers to the official website of Arrk at [https://arrk.app]

2.3. Arrk grants you a non-exclusive, non-transferable, revocable license to access and use the Arrk Platforms strictly in accordance with these terms and conditions.
2.4. You must be at least 18 years old or the legal age of majority in your jurisdiction to use the Arrk Platform.
2.5. You are responsible for maintaining the security and confidentiality of your account information and are fully responsible for all activities that occur under your account.
2.6. You agree not to use the Arrk Platforms for any illegal, unauthorized, or unethical purposes. You will comply with all applicable laws, rules, and regulations.

3. Content Generation

3.1. Arrk utilizesOpenAI’s ChatGPT API, Google, Azure, Stability AI and other various AI models to generate content for various purposes, including copywriting, social media ads, blogging, social media posts, resumes, and job-related content.
3.2. While Arrk strives to provide accurate and high-quality content, it does not guarantee the accuracy, reliability, or suitability of the generated content for any specific purpose.
3.3. You are solely responsible for reviewing and verifying the generated content to ensure its accuracy and compliance with applicable laws and regulations.
3.4. Arrk is not liable for any consequences arising from the use or reliance on the generated content. You acknowledge that the content is provided on an “as-is” basis.

4. Intellectual Property

4.1. All intellectual property rights related to the Arrk Platforms, including but not limited to trademarks, logos, copyrights, and trade secrets, are the property of KARR DYNAMICS PTY LTD or its licensors.
4.2. You may not copy, modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Arrk Platforms without prior written consent from KARR DYNAMICS PTY LTD

5. Limitation of Liability

5.1. To the fullest extent permitted by law, Arrk, KARR DYNAMICS PTY LTD, its affiliates, employees, and agents shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising out of or in connection with the use of the Arrk Platforms.
5.2. Arrk does not guarantee uninterrupted or error-free operation of the Arrk Platforms and shall not be liable for any interruptions, errors, or omissions in the Arrk Platforms’ functioning.
5.3. Arrk shall not be liable for any loss or damage resulting from any unauthorized access to or use of your account or any data stored therein.

6. Termination

6.1. Arrk reserves the right to suspend, terminate, or restrict your access to the Arrk Platforms at any time without prior notice or liability.
6.2. Upon termination, you shall cease all use of the Arrk Platforms, and any provisions of these terms and conditions that are intended to survive termination shall continue to apply.

7. Governing Law

7.1. These terms and conditions shall be governed by and construed in accordance with the laws of the South Africa, without regard to its conflict of laws principles.
7.2. Any disputes arising out of or in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the courts of the South Africa

By using the Arrk Platforms, you agree to comply with these terms and conditions. If you have any questions or concerns regarding these terms, please contact us at [email protected].

8. Communications

8.1. By creating an Account on our Arrk platform, you agree to receive newsletters, marketing or promotional materials, and other information we may send. However, you can choose to opt out of receiving any or all of these communications from us by following the unsubscribe link provided in our emails or by contacting us at [email address].

9. Purchases

9.1. If you wish to purchase any product or service made available through the Arrk platform (“Purchase”), you may be required to provide certain information relevant to your Purchase, including, but not limited to, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

9.2. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and (ii) the information you provide to us is accurate, current, and complete.

9.3. We may use third-party services to facilitate payment processing and the completion of Purchases. By submitting your information, you grant us the right to provide this information to these third parties, subject to the terms of our Privacy Policy.

9.4. We reserve the right to refuse or cancel your order at any time for various reasons, including but not limited to: product or service availability, errors in the description or price of the product or service, errors in your order, or other reasons.

9.5. We also reserve the right to modify the number of words charged for output or input, or to impose usage restrictions per hour. These changes will be implemented in line with our model capacity to ensure equitable access to the service and maintain the quality of our offering. This measure aims to provide a fair experience for all users and uphold the integrity of our service.

9.6. Furthermore, we reserve the right to refuse or cancel your order if fraud, unauthorized transactions, or illegal activities are suspected.

10. Subscriptions

10.1. Monthly Subscriptions:

10.1.1. Billing Cycle: Monthly subscriptions are billed automatically on a recurring basis, exactly one month from the date of your initial purchase. You will be charged on the same day of each subsequent month unless you choose to cancel your subscription.

10.1.2. Cancellation: You can cancel your monthly subscription at any time before your next billing cycle. Please note that cancelling a monthly subscription will result in the loss of all currently held tokens associated with that subscription. Cancellations will take effect from the next billing cycle, and you will not be charged for any subsequent months.

10.1.3.Refund Eligibility:Monthly subscription fees are eligible for a refund within 5 days of the purchase date or if less than 20% of the allocated tokens associated with that subscription have been used. Refunds will not be issued for subscription fees outside this criteria.

10.2. Token Packs:

10.2.1. Purchase and Usage: Token packs can be purchased separately and added to your account for future use. Tokens can be used to access specific features and services within our platform.

10.2.2. Non-Refundable: Token pack purchases are non-refundable. Once a token pack has been purchased, it cannot be returned or exchanged for monetary value.

By purchasing a subscription or token pack from Arrk, you acknowledge that you have read and understood our conditions stated in this policy.

10.3. Certain features of our Service are available through subscription plans (“Subscriptions”). You will be charged in advance on a recurring basis according to your selected billing cycle – either monthly or annually – as specified when purchasing a Subscription.

10.4. Upon the conclusion of each Billing Cycle, your Subscription will automatically renew under identical conditions unless you initiate cancellation or Arrk discontinues the Subscription. You can terminate your Subscription renewal via your online account management page or by reaching out to Arrk’s customer support team.

10.3. To facilitate subscription payments, a valid payment method such as credit card or PayPal is required. It’s your responsibility to furnish Arrk with accurate and complete billing information, including full name, address, state, zip code, telephone number, and valid payment details. Providing this payment information authorizes Arrk to charge your account for all Subscription fees using the provided payment method.

10.4. Should automatic billing fail for any reason, Arrk will send you an electronic invoice outlining the need for manual payment by a specified deadline, corresponding to the billing period stated on the invoice.

11. Free Trial

11.1. At its discretion, Arrk may offer limited-time free trials for certain Subscriptions (“Free Trial”).

11.2. To enroll in a Free Trial, you might be required to input your billing details.

11.3. During the Free Trial period, you won’t be billed by Arrk. Once the Free Trial ends, unless you cancel, you will be automatically charged the applicable Subscription fees based on your chosen plan.

11.4. Arrk reserves the right to modify the Free Trial terms or cancel the offer without prior notice.

12. Fee Changes

12.1. Arrk reserves the right to alter Subscription fees at its sole discretion, with changes taking effect at the conclusion of the current Billing Cycle.

In addition, Arrk retains the right to modify Free Trial terms or cancel the offer without prior notice.

12.2. Continuing to use the Service post-fee change indicates your agreement to pay the adjusted Subscription fee.

13. Refunds

13.1. We offer refunds at any point of your subscription. You can request a refund directly from the Arrk Platform or by getting in touch with the Arrk support team. Any token balance will be revoked immediately.

14. Fair Usage Policy

14.1. Arrk is dedicated to delivering dependable, high-quality service to all users. Misuse or overuse can impact others’ experience, and we urge users to choose plans that align with their needs. High-usage users should explore upgraded plans, or custom plans.

Most users (over 95%) remain within our defined parameters. Exceeding them could lead to restricted or reduced access, with or without prior notice.

Our system monitors for automated or robotic behavior to uphold service safety and quality. Sharing unlimited account login details for profit is illegal. One account is for one user only; sharing is prohibited.

Warning: Unusually high usage or login sharing may result in account suspension or deletion without notice, with no refunds.

15. Prohibited Uses

15.1.You may only use the Arrk platforms (“Service”) for lawful purposes and in compliance with these Terms. You agree not to use the Service:

15.1.1. In any way that violates applicable national or international laws or regulations.
15.1.2. To exploit, harm, or expose minors to inappropriate content or activities.
15.1.3. To transmit or solicit any form of advertising, promotional material, “junk mail,” “chain letters,” “spam,” or similar solicitations.
15.1.4. To impersonate Company, its employees, other users, or any individual or entity.
15.1.5. In any manner that infringes upon the rights of others, is illegal, threatening, fraudulent, or harmful, or is associated with unlawful, fraudulent, or harmful purposes or activities.
15.1.6. To engage in conduct that restricts or inhibits others’ use or enjoyment of the Service, or which may harm or offend Company or Service users, as determined by us.

15.2. Furthermore, you agree not to:

15.2.1. Use the Service in a way that could disable, overburden, damage, or impair it or interfere with others’ use, including real-time activities.
15.2.2. Employ robots, spiders, or automatic devices to access the Service for any purpose, including monitoring or copying content, without our prior written consent.
15.2.3. Use manual processes to monitor or copy content or engage in unauthorized activities without our consent.
15.2.4. Utilize devices, software, or routines that disrupt the proper functioning of the Service.
15.2.5. Introduce viruses, trojan horses, worms, logic bombs, or malicious materials.
15.2.6. Attempt unauthorized access, disruption, or damage to any part of the Service, its server, or connected servers, computers, or databases.
15.2.7. Engage in denial-of-service attacks or distributed denial-of-service attacks against the Service.
15.2.8. Take actions that could damage or falsify Company ratings.
15.2.9. Attempt to interfere with the proper functioning of the Service in any other way.

15.3. Furthermore, we strictly prohibit the generation of sexual, religious, and political content, as specified by our AI service provider “Open AI.” Any attempt to generate such content will result in an error message labeled “Unsafe Content” on your first attempt, serving as a final warning. Any further attempts to generate such content will lead to the cancellation of your subscription and a permanent ban from using our services. Refunds will not be issued in such cases.

Note: These prohibited uses are outlined to ensure a positive and safe user experience on the Arrk platform. Users are expected to abide by these terms and conduct themselves ethically and within legal boundaries.

Disclaimer
Arrk strictly prohibits the generation of adult, age-restricted, sexually-oriented, pornographic content, or any material of a lewd and lascivious nature using its platform. Any attempt to generate such content will result in immediate suspension of services and a permanent ban from the platform.

Last Updated:  3 June, 2024