Terms of Service
Table of Contents
1. Acceptance of Terms
These Terms of Service ("Terms") govern your use of Arkraft Technica Ltd's TARK platform and Qwerty Chat services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.
If you do not agree to these Terms, you may not use our Services. These Terms constitute a legally binding agreement between you ("User") and Arkraft Technica Limited ("Arkraft," "we," "our," or "us").
Arkraft Technica Limited is a company registered in [COUNTRY] with registration number [REGISTRATION_NUMBER], located at [COMPANY_ADDRESS].
2. Description of Service
2.1 TARK Platform
TARK is a self-hosted enterprise communication platform that provides secure messaging, file sharing, and collaboration tools for organizations. Features include end-to-end encryption, offline functionality, user management, and administrative controls.
2.2 Qwerty Chat
Qwerty Chat is an offline-first consumer messaging application that enables peer-to-peer communication without reliance on centralized servers. All communications are end-to-end encrypted.
2.3 Service Availability
We strive to maintain high availability for our Services but do not guarantee uninterrupted access. Services may be temporarily unavailable for maintenance, updates, or technical issues.
3. User Accounts
3.1 Registration
To access certain Services, you must create an account and provide accurate information:
- You must be at least 18 years old to create an account
- You must provide accurate, current, and complete information
- You are responsible for maintaining the confidentiality of your account credentials
- You must notify us immediately of any unauthorized use of your account
- You are responsible for all activities that occur under your account
3.2 Account Responsibilities
You agree to:
- Provide truthful and accurate information during registration
- Maintain and promptly update your account information
- Accept responsibility for all activities under your account
- Comply with these Terms and all applicable laws
3.3 Account Termination
We reserve the right to suspend or terminate accounts that violate these Terms or engage in prohibited activities.
4. Acceptable Use
4.1 Prohibited Activities
You agree not to use our Services to:
- Violate any applicable laws, regulations, or treaties
- Infringe upon the intellectual property rights of others
- Transmit harmful, threatening, abusive, defamatory, or illegal content
- Engage in fraudulent, deceptive, or misleading activities
- Distribute malware, viruses, or other harmful code
- Interfere with or disrupt the Services or servers
- Attempt to gain unauthorized access to our systems or other users' accounts
- Use the Services for spam, unsolicited communications, or illegal marketing
- Collect or harvest personal information about other users
- Reverse engineer, decompile, or attempt to extract source code from our Services
4.2 Content Standards
You are solely responsible for any content you transmit, store, or share through our Services. We do not pre-screen content but reserve the right to remove content that violates these Terms.
5. Intellectual Property
5.1 Our Rights
All content, features, and functionality of our Services are owned by Arkraft Technica Ltd and are protected by copyright, trademark, and other intellectual property laws.
5.2 Limited License
We grant you a limited, non-exclusive, non-transferable, revocable license to use our Services for your personal or business use in accordance with these Terms.
5.3 Restrictions
You may not:
- Copy, modify, distribute, or create derivative works of our Services
- Use our Services in a manner that violates these Terms or applicable law
- Remove or alter any copyright, trademark, or other proprietary notices
- Exploit our Services for commercial purposes beyond what is expressly permitted
5.4 User Content
You retain ownership of any content you create or transmit through our Services. However, you grant us a license to use, store, and process such content solely to provide the Services to you.
6. Payment Terms
6.1 Fees
TARK Enterprise is offered on a subscription basis with fees as specified in our pricing page. Qwerty Chat is provided free of charge, though we may introduce paid features in the future.
6.2 Billing Cycle
Subscriptions are billed [BILLING_CYCLE] in advance. We will charge your payment method at the beginning of each billing period.
6.3 Payment Methods
We accept payment through [PAYMENT_METHODS]. You agree to provide accurate payment information and authorize us to charge your payment method for subscription fees.
6.4 Refunds
We offer a [REFUND_POLICY] refund policy. Refunds are provided at our sole discretion and may be subject to processing fees.
6.5 Price Changes
We reserve the right to change our prices with [NOTICE_PERIOD] days notice. Price changes will not affect existing subscriptions until the next billing cycle.
7. Privacy
Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated by reference into these Terms.
By using our Services, you consent to the collection and use of your information as described in our Privacy Policy.
8. Termination
8.1 Termination by User
You may terminate your account at any time by following the account closure process in your account settings or by contacting our support team.
8.2 Termination by Arkraft
We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including if you:
- Breach these Terms
- Engage in fraudulent or illegal activities
- Fail to pay applicable fees
- Compromise the security or integrity of our Services
8.3 Effect of Termination
Upon termination, your right to use the Services ceases immediately. We may delete your account and associated data in accordance with our Privacy Policy and applicable law.
9. Disclaimer of Warranties
Our Services are provided "as is" and "as available" without warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to:
- Merchantability and fitness for a particular purpose
- Non-infringement of intellectual property rights
- Accuracy, reliability, or availability of Services
- Freedom from viruses or other harmful components
- Compatibility with your equipment or software
We do not guarantee that Services will meet your requirements or operate without interruption.
10. Limitation of Liability
To the maximum extent permitted by law, Arkraft Technica Ltd shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of our Services, including but not limited to:
- Loss of profits, revenue, or business opportunities
- Loss of data or information
- Damage to reputation or goodwill
- Costs of procurement of substitute services
Our total liability for any claims arising from these Terms or your use of our Services shall not exceed the amount you paid for the Services in the [TIME_PERIOD] preceding the claim.
11. Indemnification
You agree to indemnify, defend, and hold harmless Arkraft Technica Ltd and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:
- Your use of Services
- Your violation of these Terms
- Your violation of any rights of another person or entity
- Your violation of applicable laws or regulations
12. Governing Law
These Terms are governed by and construed in accordance with the laws of [GOVERNING_COUNTRY], without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts of [JURISDICTION].
13. Dispute Resolution
13.1 Negotiation
Before initiating any formal dispute resolution, you agree to contact us at [CONTACT_EMAIL] to attempt to resolve any disputes informally.
13.2 Arbitration
If we cannot resolve a dispute through negotiation, either party may initiate binding arbitration in accordance with the rules of [ARBITRATION_BODY]. The arbitration will be conducted in [ARBITRATION_LOCATION] and the language will be [LANGUAGE].
13.3 Class Action Waiver
You agree to resolve any disputes with us on an individual basis and waive any right to participate in class action lawsuits or class-wide arbitration.
14. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by:
- Posting the updated Terms on our website
- Sending email notification to registered users
- Displaying prominent notices within our Services
Your continued use of our Services after any changes constitutes acceptance of the modified Terms. Material changes will be effective [NOTICE_PERIOD] days after notification.
15. Contact Information
If you have questions about these Terms, please contact us:
123 Tech Hub, Nairobi, Kenya 00100
For technical support or service-related inquiries, please contact our support team at [SUPPORT_EMAIL].
See also our Privacy Policy for information about how we collect, use, and protect your personal data.