Terms of Service

1. Acceptance of Terms

By accessing or using the Aark Connect website ("Site") or services ("Services"), you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you do not agree to these Terms, you may not access or use our Services.

These Terms constitute a legally binding agreement between you and Aark Connect ("Company," "we," "us," or "our").

2. Description of Services

Aark Connect provides technology consulting and custom software development services, including but not limited to:

• Custom software development
• Cloud solutions and migration
• AI and machine learning implementation
• Cybersecurity consulting
• Digital transformation services
• IT consulting and strategy

Specific services are governed by separate service agreements, statements of work, or master service agreements.

3. User Accounts and Registration

Some features of our Services may require registration. When registering, you agree to:

• Provide accurate, current, and complete information
• Maintain the security of your account credentials
• Promptly update information to keep it accurate
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access

4. Intellectual Property Rights

4.1 Our Intellectual Property

The Site and its content, including but not limited to text, graphics, logos, images, software, and code, are owned by Aark Connect and protected by intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without our written consent.

4.2 Client Work Product

Ownership of work product created under service agreements is governed by the applicable service agreement. In the absence of specific terms, work product ownership transfers to the client upon full payment.

4.3 Feedback

Any feedback, suggestions, or ideas you provide regarding our Services may be used by us without obligation or compensation to you.

5. Acceptable Use

You agree not to:

• Use the Services for any unlawful purpose
• Violate any applicable laws or regulations
• Infringe upon intellectual property rights
• Transmit malware, viruses, or harmful code
• Attempt to gain unauthorized access to systems
• Interfere with or disrupt the Services
• Collect user information without consent
• Engage in any activity that damages our reputation

6. Confidentiality

Both parties agree to maintain the confidentiality of proprietary information disclosed during the course of business. Confidential information includes, but is not limited to:

• Business strategies and plans
• Technical specifications and designs
• Customer data and information
• Pricing and financial information
• Trade secrets and know-how

Confidentiality obligations survive termination of these Terms.

7. Payment Terms

For paid Services:

• Payment terms are specified in the applicable service agreement
• All fees are in US dollars unless otherwise stated
• Late payments may incur interest at 1.5% per month
• You are responsible for all applicable taxes
• We reserve the right to suspend Services for non-payment

8. Warranties and Disclaimers

8.1 Our Warranties

We warrant that our Services will be performed in a professional and workmanlike manner consistent with industry standards.

8.2 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED, THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Our total liability shall not exceed the fees paid by you in the twelve (12) months preceding the claim
• We shall not be liable for indirect, incidental, special, consequential, or punitive damages
• We shall not be liable for loss of profits, data, or business opportunities

These limitations apply regardless of the theory of liability.

10. Indemnification

You agree to indemnify and hold harmless Aark Connect, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any third-party rights
• Your negligent or wrongful conduct

11. Term and Termination

These Terms remain in effect until terminated. We may terminate or suspend your access to the Services:

• For violation of these Terms
• For non-payment of fees
• If required by law
• For any reason with reasonable notice

Upon termination, your right to use the Services ceases immediately. Provisions that by their nature should survive termination will survive.

12. Dispute Resolution

12.1 Governing Law

These Terms are governed by the laws of the State of Colorado, United States, without regard to conflict of law principles.

12.2 Arbitration

Any dispute arising from these Terms shall be resolved through binding arbitration in Denver, Colorado, in accordance with the American Arbitration Association rules.

12.3 Class Action Waiver

You agree to resolve disputes individually and waive the right to participate in class actions.

13. General Provisions

• Entire Agreement: These Terms constitute the entire agreement between you and Aark Connect
• Severability: If any provision is unenforceable, the remaining provisions remain in effect
• Waiver: Failure to enforce a right does not waive that right
• Assignment: You may not assign these Terms without our consent
• Force Majeure: Neither party is liable for delays due to circumstances beyond reasonable control

14. Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via the Site or email. Your continued use of the Services after changes constitutes acceptance of the modified Terms.

15. Contact Information

For questions about these Terms, please contact us: