ArkaScan Terms of Service & EULA

1. Acceptance of Terms

By accessing or using the ArkaScan website, mobile applications, and related services (collectively, the "Services"), you agree to be bound by these Terms of Service and End-User License Agreement (collectively, the "Terms"). If you do not agree with these Terms, you must not use the Services.

These Terms form a binding legal agreement between you and ArkaScan ("we", "us", or "our"). You acknowledge that you have the authority to enter into these Terms on behalf of yourself or the entity you represent.

2. Description of Services

ArkaScan is a software-as-a-service platform accessible via web browsers on desktop and mobile devices, with native iOS and Android apps planned for future release.

The Services enable users to scan and catalog items, including capturing images or barcodes and generating item data and insights. Service plans (Free, Pro, Premium) offer different feature sets and usage limits and require an internet connection.

Certain features may integrate with third-party platforms (for example, one-click posting to supported marketplaces).

3. Accounts and Eligibility

You must create an account to access most features of ArkaScan. You agree to provide accurate, current, and complete information and keep credentials secure.

You must be at least 18 years old (or the age of majority in your jurisdiction). You agree to use the Services only for lawful purposes and in compliance with these Terms and applicable regulations.

4. Subscription Plans and Fees

ArkaScan offers a Free plan and paid subscription plans (Pro and Premium) with higher usage quotas and additional features, such as increased scan limits or included background removals.

Paid subscriptions require payment of the displayed fees, auto-renew at the end of each billing cycle unless canceled, and are generally non-refundable once billed (unless required by law).

We reserve the right to change pricing, introduce new fees, or provide promotions with advance notice of material changes.

5. In-App Purchases and Add-Ons

ArkaScan may offer add-on features or one-time purchases, such as additional background removal packs.

Availability, pricing, and usage constraints (including expiration) are communicated at the time of purchase. All purchases are final and non-refundable unless required by law or applicable app store policies.

6. License Grant

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, and revocable license to use the ArkaScan Services for your internal business or personal purposes.

The Services are licensed, not sold, and we retain all rights, title, and interest in the ArkaScan platform.

7. License Restrictions and Prohibited Uses

You may not reverse engineer, modify, or create derivative works from the Services, nor attempt to extract source code.

You may not distribute, sell, sublicense, or publicly display the Services, nor attempt to circumvent usage limits or security features.

You may not submit unlawful content, violate intellectual property rights, or misuse ArkaScan to harm others or disrupt the platform.

You may not integrate ArkaScan into unauthorized products or misrepresent outputs. Violations may result in immediate termination and legal action.

8. User Content and Data Rights

You retain ownership of content you submit ("User Content") but grant us a worldwide, royalty-free, sublicensable license to use it solely to operate, maintain, and improve the Services.

You represent that you have rights to the content you upload and agree not to submit personal data about others without consent. We avoid collecting sensitive personal identifiers and purge them if detected.

We collect operational captures, derived metadata, and aggregated analytics to power and improve ArkaScan. We do not sell your images or metadata, and we handle information in accordance with our Privacy Policy.

9. Intellectual Property Ownership

Except for your User Content, all materials provided through the Services are the intellectual property of ArkaScan or its licensors and are protected by law.

You receive no rights beyond the license granted in these Terms. Feedback you provide may be used by us without restriction.

10. Third-Party Services and Links

ArkaScan may integrate with third-party services (for example, marketplaces or background removal providers). Your use of third-party services is governed by their respective terms and privacy policies.

We do not control or endorse third-party content and are not liable for issues arising from their services. Data may be shared with third parties solely to enable integrations, subject to confidentiality obligations.

11. Termination and Suspension

You may stop using the Services or delete your account at any time (paid users must cancel subscriptions to stop billing).

We may suspend or terminate access if you violate these Terms, pose security risks, or as required by law. Upon termination, your license ends and data is deleted per our retention practices.

12. Disclaimer of Warranties

ArkaScan is provided "AS IS" and "AS AVAILABLE" without warranties of any kind. We do not guarantee uninterrupted operation, error-free output, or perfect security.

Scanning results may not always be accurate, and you use the Services at your own risk. Some jurisdictions may not allow exclusions, so statutory rights may still apply.

13. Limitation of Liability

To the fullest extent permitted by law, ArkaScan and its affiliates are not liable for indirect, incidental, consequential, or special damages arising from use of the Services.

Our total liability is limited to the fees you paid in the preceding twelve months (or USD $50 if you have not paid fees), except where prohibited by law.

14. Indemnification

You agree to indemnify and hold ArkaScan harmless from claims arising out of your use or misuse of the Services, violation of these Terms, infringement of third-party rights, or damages caused by your User Content.

15. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Florida, USA, without regard to conflict-of-law rules. Legal actions must be brought in the state or federal courts located in Florida.

Before filing a claim, you agree to contact us at legal@arkascan.com to attempt informal resolution. We may mutually agree to alternative dispute resolution methods.

16. Changes to Terms

We may modify or update these Terms at any time. Material changes will be communicated via the website, app, or email, and the "Last Updated" date will be revised.

Your continued use of the Services after changes become effective constitutes acceptance. If you disagree, you must stop using the Services and cancel subscriptions.

17. Miscellaneous

These Terms, together with our Privacy Policy and any additional guidelines, constitute the entire agreement between you and ArkaScan.

If any provision is held invalid, the remaining provisions stay in force. Our failure to enforce a provision is not a waiver. You may not assign these Terms without consent; we may assign them to a successor entity.

No joint venture, partnership, or agency relationship is created by these Terms. Contact support@arkascan.com for general questions, privacy@arkascan.com for privacy matters, or legal@arkascan.com for legal notices.