Terms of Service

By creating an account, accessing, or otherwise using the Service, you represent that you are at least the age of majority in your jurisdiction and that you have the authority to enter into these Terms. If you use the Service on behalf of an entity, you represent that you are authorized to bind that entity, and "you" refers to that entity.

We may, in our sole discretion, refuse to provide, condition, or discontinue the Service to any person or entity for any reason or no reason, at any time, without notice and without liability.

The Service is provided on an "as is" and "as available" basis. We may add, modify, suspend, limit, or discontinue any part of the Service — including features, functionality, capacity, configurations, hardware, and underlying providers — at any time, with or without notice, and without liability to you or any third party.

We make no promise that the Service, or any feature, resource, or level of performance, will be available, uninterrupted, timely, secure, or error-free, or that any result may be obtained from use of the Service. Any performance figures, specifications, or descriptions are provided for general guidance only, are not commitments, and may change without notice.

You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account, whether or not authorized by you. You agree to notify us promptly of any suspected unauthorized use. We are not responsible or liable for any loss or damage arising from your failure to safeguard your account or credentials.

You agree not to use the Service to violate any law, infringe any right, transmit malicious code, interfere with or disrupt the Service, attempt to gain unauthorized access, or engage in any activity that we determine, in our sole discretion, to be harmful, abusive, or otherwise objectionable. We may investigate and take any action we deem appropriate, including removing content and suspending or terminating access, without notice and without liability.

You are solely responsible for all data, files, applications, software, configurations, and other content that you or your users create, upload, store, transmit, or run through the Service ("Customer Content"), and for having all rights necessary to do so. The Service acts merely as a conduit and processing environment for Customer Content.

You are solely responsible for maintaining independent backups of Customer Content. To the maximum extent permitted by applicable law, we have no obligation to store, retain, back up, or return any Customer Content, and we are not responsible or liable for any loss, corruption, deletion, inaccessibility, or disclosure of Customer Content, however caused.

The Service relies on, integrates with, or may direct you to networks, hardware, software, data centers, carriers, and other services operated by third parties. We do not control and are not responsible for third-party services, and we make no warranties regarding them. Your use of any third-party service is at your own risk and subject to that third party's terms. We are not liable for any act, omission, outage, or failure of any third party.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ALL RELATED CONTENT, HARDWARE, SOFTWARE, AND MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.

We expressly disclaim all warranties, conditions, and representations of any kind, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, and non-infringement, and any warranties arising out of course of dealing, usage, or trade. We do not warrant that the Service will meet your requirements, be compatible with any hardware or software, be available at any particular time or location, or be secure, uninterrupted, accurate, complete, or free of viruses or other harmful components. No advice or information, whether oral or written, obtained from us or through the Service creates any warranty not expressly stated in these Terms.

Except as expressly agreed in a separate written agreement signed by an authorized representative of Desktop Ark, we make no commitment as to uptime, availability, response time, throughput, latency, capacity, support, or any other service level, and we provide no service credits, refunds, or other remedies for any interruption, degradation, or unavailability of the Service. Any service-level targets described anywhere in the Service or our materials are aspirational, informational, and non-binding.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DESKTOP ARK OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

To the maximum extent permitted by applicable law, our total aggregate liability arising out of or related to the Service or these Terms will not exceed the greater of (a) the total amount you actually paid to us for the Service during the one (1) month immediately preceding the event giving rise to the claim, or (b) one hundred United States dollars (US$100). The foregoing limitations apply even if any remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you; in such case, our liability is limited to the smallest amount permitted by applicable law.

You agree to defend, indemnify, and hold harmless Desktop Ark and its affiliates, officers, directors, employees, agents, suppliers, and licensors from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your access to or use of the Service, your Customer Content, your violation of these Terms, or your violation of any law or the rights of any third party.

We may suspend, restrict, or terminate your access to all or part of the Service at any time, for any reason or no reason, with or without notice, and without liability. Upon termination, your right to use the Service ceases immediately, and we may delete or render inaccessible any Customer Content without obligation to retain or return it. Sections intended by their nature to survive termination shall survive.

Where the Service is offered for a fee, all fees are non-refundable except as required by applicable law or as expressly stated in a separate signed agreement. We may change pricing and billing practices at any time. You are responsible for all applicable taxes.

Any features identified as beta, preview, trial, evaluation, or otherwise not generally available are provided for testing only, on an "as is" basis, may be changed or withdrawn at any time, and are expressly excluded from any commitment whatsoever. Your use of such features is entirely at your own risk.

We will not be liable or responsible for any failure or delay in performance resulting from causes beyond our reasonable control, including acts of God, natural disasters, epidemics, war, terrorism, civil unrest, government action, labor disputes, power or network failures, internet or telecommunications disruptions, hardware or supply shortages, and acts or omissions of third parties.

We may revise these Terms at any time in our sole discretion. Revisions are effective upon posting or as otherwise indicated. Your continued access to or use of the Service after any change constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically.

These Terms and any dispute arising out of or related to them or the Service are governed by the laws of the jurisdiction in which Desktop Ark maintains its principal place of business, without regard to conflict-of-law principles, and the parties submit to the exclusive jurisdiction of the courts located there. To the maximum extent permitted by applicable law, any claim must be brought individually and not as part of any class or representative proceeding, and any claim not brought within one (1) year after it arises is permanently barred.

These Terms, together with any separate written agreement between the parties, constitute the entire agreement regarding the Service and supersede all prior understandings. If any provision is held unenforceable, it will be modified to the minimum extent necessary and the remaining provisions will remain in full force. Our failure to enforce any provision is not a waiver. You may not assign these Terms without our prior written consent; we may assign them freely. Nothing in these Terms creates any partnership, agency, or employment relationship.

Questions about these Terms may be directed to us through the contact details provided on our website.