Terms and Conditions. Arkham Technologies INC.
The Platform is owned and operated by ARKHAM TECHNOLOGIES INC., (hereinafter, “ARKHAM”), a company duly incorporated under the laws of the State of Delaware, United States of America, with its registered office at 5966 S Dixie Hwy STE 300, South Miami, FL 33143 and contact email address contact@arkham.tech.These Terms and Conditions (hereinafter, the “T&Cs”) govern access to and use of the software-as-a-service solution (the “SaaS”) operated and/or made available by Arkham through its platform (the “Platform”), which is offered exclusively to business customers (B2B) (the “Customers”) via a mobile application and a website (each individually, the “App” and the “Website,” and collectively, the “Means of Access”), pursuant to the execution of a Master Services Agreement (the “MSA”).Arkham does not offer its services to the public. Accordingly, the App and the Website serve solely as means of access to the Platform for Customers to use the services contracted under the applicable MSA and do not constitute independent services.
Access to the Platform through the Means of Access is intended exclusively for individuals authorized by a Customer to use the services and access the Platform on its behalf (the “Users”).User access derives solely from the prior contractual relationship between Arkham and the applicable Customer.Arkham does not have any employment, agency, or labor relationship with Users, except as may be expressly established in the relevant MSA.
By downloading the App and/or accessing the Platform through the Website, the Customer represents and warrants that it has read, understood, and accepted these T&Cs, as well as the Privacy Policy of Arkham. If the Customer does not agree to these T&Cs and the Privacy Policy, it must refrain from downloading, accessing, using, and/or contracting the services.
Arkham grants the Customer a non-exclusive, temporary, revocable, non-transferable, and non-sublicensable license to use the App and the Website solely for the purpose of accessing and using the services provided through the Platform, in accordance with the applicable MSA and these T&Cs.Nothing herein shall be construed as granting the Customer any ownership or proprietary rights in the App, the Website, or the Platform, except for the limited rights expressly set forth in these T&Cs and the applicable MSA.
The Customer undertakes, including but not limited to, to:
- Use the App, the Website, and/or the Platform in a lawful, proper, and appropriate manner, in accordance with these T&Cs and the applicable MSA.
- Refrain from performing or attempting to perform any act that may impair, infringe, or invalidate the intellectual or industrial property rights of Arkham in the App, Website, and/or Platform.
- Not use any intellectual or industrial property of Arkham, including trademarks, trade names, logos, or notices, for its own benefit or that of any third party, including for marketing, advertising, sales materials, or informational purposes, without the prior written authorization of Arkham.
- Protect and maintain the confidentiality and security of the access credentials assigned to its authorized Users.
The following actions are expressly prohibited, including but not limited to:
- Using the App, Website, and/or Platform for purposes other than those agreed upon in these T&Cs and the applicable MSA.
- Attempting to access unauthorized information or to alter, falsify, copy, manipulate, or modify any information, as well as engaging in reverse engineering, decompilation, disassembly, or any other activity intended to obtain, reproduce, or modify the App, Website, and/or Platform.
- Carrying out any activity that compromises or may compromise the security, integrity, or availability of the App, Website, and/or Platform.
Arkham represents that its App, Website, and/or Platform do not infringe, violate, or unlawfully use the intellectual or industrial property rights of the Customer or any third party.
Upon execution of the applicable MSA, Arkham shall inform the Customer of the service levels and availability commitments set forth in the corresponding service level agreement (“SLA”).Notwithstanding the foregoing, with respect to the availability of the App and the Website as means of access to the Platform:
- Uninterrupted availability is not guaranteed.
- Uninterrupted availability is not guaranteed.
- The features available through the App and the Website may vary.
Arkham may suspend or terminate the Customer’s access to the App, Website, and/or Platform, without liability, in any of the following cases:
- Breach by the Customer of these T&Cs and/or the applicable MSA.
- Upon the Customer’s request.
- Termination or expiration of the contractual relationship with the Customer.
- When required for security, compliance, or legal reasons.
The App, the Website, the Platform, and all elements contained therein, including but not limited to software, trademarks, logos, and related content, are the exclusive property of Arkham.
Use of the Means of Access does not grant the Customer any ownership or proprietary rights, except for the limited rights expressly granted under these T&Cs and the applicable MSA.
The App and the Website are provided on an “as is” and “as available” basis.
To the maximum extent permitted by law and as agreed in the applicable MSA, Arkham shall not be liable for:
- Any indirect, incidental, special, or consequential damages.
- Losses arising from interruptions in availability.
- Failures attributable to third-party services or external platforms.
By downloading the App and/or accessing the Platform through the Website, the Customer acknowledges and accepts that Arkham may process personal data in accordance with its Privacy Policy.The Privacy Policy forms an integral part of these T&Cs and is available at [_______________________]. If the Customer does not agree with the Privacy Policy, it must refrain from downloading, using, and/or contracting the services.
The Customer acknowledges that the owners of third-party platforms or distribution channels through which the App may be made available, including but not limited to Apple (App Store), Google (Google Play), or integrations with third-party software such as Microsoft (Teams) or Salesforce (Slack), ARE NOT PARTIES TO THESE T&Cs AND ASSUME NO RESPONSIBILITY WHATSOEVER FOR THE SERVICES PROVIDED BY ARKHAM OR FOR THE AVAILABILITY OR OPERATION OF THE APP, WEBSITE, AND/OR PLATFORM.
Use of such platforms is subject to their respective terms and conditions, as well as applicable local laws.
Arkham may modify these T&Cs at any time. Any modifications shall become effective upon publication.
Continued use of the App, Website, and/or Platform constitutes acceptance of the updated T&Cs. Customers will be notified of any material changes.
These T&Cs shall be governed by and construed in accordance with the laws of the State of New York, or, where applicable, the laws and jurisdiction agreed upon in the relevant MSA, without prejudice to any mandatory rights that may apply under applicable law.
For any questions regarding these Terms and Conditions, please contact:
Arkham Technologies. Inc.
contact@arkham.tech
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