Terms of Service

Agreement to Terms

By accessing or using AccuArk© software and services ("Services"), you agree to be bound by these Terms of Service ("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," "you," or "your") and AccuArk© ("Company," "we," "us," or "our").

Definitions

The following terms have specific meanings throughout this agreement:

• "Services" — The AccuArk© cloud-based business management software, the Account Portal, the website, APIs, and all related services provided by the Company
• "Account Portal" — The secure, web-based management interface through which you manage your Subscription, billing, invoices, add-ons, shared access, software downloads, support, and other account-related functions
• "User" or "Subscriber" — Any individual or business entity that creates an account and subscribes to the Services
• "Branch User" — An individual granted limited access to certain features of your Subscription through the shared access (branch) system, subject to permissions you configure
• "Subscription" — The paid plan granting access to the Services for a specified billing period (monthly or yearly)
• "Business Data" — All data entered into or generated through the Services by you or your authorized users, including financial records, inventory, customer information, employee data, and operational data
• "Machine" — A device (computer, tablet, POS terminal, etc.) authorized to access the Services under your Subscription
• "Location" — A physical business location registered within your Subscription
• "Add-on" — An optional extension to your Subscription (such as additional locations, machines, or FTP access) that can be purchased through the Account Portal
• "Affiliate" — An approved participant in the AccuArk© Affiliate Program who earns commissions by referring new subscribers to the Services
• "Downtime" — Any period during which the Services are materially unavailable or inoperable for reasons within our reasonable control, excluding scheduled maintenance and force majeure events

Description of Services

AccuArk© provides cloud-based business management software and an Account Portal for managing your subscription. The Services include, but are not limited to:

Business Management Software

• Point of Sale (POS) systems
• Complex invoicing and scheduling
• Inventory management
• Multi-location management and live sync
• Customer relationship management (CRM)
• General ledger and accounting
• Payroll, scheduling, and employee management
• Reporting and analytics
• Loyalty programs and promotions

Account Portal

The Account Portal is a secure, web-based interface that allows you to:

• View and manage your subscription plan, billing cycle, and payment methods
• Purchase, modify, or remove add-ons (additional locations, machines, FTP access)
• View billing history and download invoices
• Download the AccuArk© software
• Grant shared access to your subscription via the branch system, and manage branch user permissions
• Request subscription ownership transfers
• Submit and track support requests
• Manage your profile, security settings, and email preferences
• Participate in the referral rewards program

Access to the Account Portal requires a valid account and an active (or trialing) subscription. Certain portal features may be restricted based on your subscription status, plan type, or account role.

Account Registration

To use our Services, you must:

• Create an account with accurate and complete information
• Be at least 18 years of age
• Have the authority to bind your business to these Terms
• Keep your account credentials secure and confidential
• Maintain only one account per individual (shared logins are not permitted)
• Keep your account information current and update it promptly if it changes

You are responsible for all activities that occur under your account. Notify us immediately of any unauthorized use or suspected security breach.

We reserve the right to refuse registration, suspend, or terminate any account that we reasonably believe contains false or misleading information, or that violates these Terms.

For multi-user access, use the built-in team and branch permissions features to grant access to employees or collaborators under your subscription. Do not share your personal login credentials.

Account Portal and Subscription Management

Portal Access

The Account Portal is available to all registered users with an active, trialing, or pending subscription. You are responsible for all actions taken through the Account Portal under your account, including changes to your subscription, billing, and access settings.

Subscription Management

Through the Account Portal, you may manage your subscription including:

• Upgrading or downgrading your plan
• Switching between monthly and yearly billing cycles
• Purchasing or removing add-ons (additional locations, machines, or FTP access)
• Updating your payment method
• Viewing billing history and downloading invoices
• Cancelling your subscription

Changes to your subscription (upgrades, downgrades, billing cycle changes) take effect as described in the Subscription and Billing section below. All subscription changes made through the Account Portal are binding and subject to these Terms.

Shared Access and Branch Permissions

The subscription owner may grant limited access to their subscription through the shared access (branch) system. When using this feature:

• The subscription owner controls which permissions are granted to each Branch User
• Branch Users may only access features and data that the subscription owner has explicitly permitted
• The subscription owner is responsible for managing, reviewing, and revoking branch access as needed
• Branch Users are bound by these Terms and must use the Services only within the scope of the permissions granted to them
• The subscription owner remains fully responsible for all activity performed by their Branch Users

Software Downloads

The Account Portal provides access to download the AccuArk© software. Downloaded software is licensed, not sold, and is subject to the terms in the Intellectual Property and Software Protection sections of this agreement. You may only install the software on machines authorized under your subscription plan.

Free Trial

We offer a free trial period for new subscribers. The length of the trial period varies by subscription plan — details are shown on our pricing page and during checkout. Important terms:

• You must subscribe to a plan to start the free trial
• Full access to all features during the trial period
• After the trial period ends, your subscription automatically continues
• You will be charged the subscription fee unless you cancel before the trial ends
• Cancel anytime before the trial ends to avoid charges

Subscription and Billing

Pricing

Subscription fees are based on the number of locations and machines you use. All plans include access to all features. Current pricing is available on our pricing page.

3-Year Price Guarantee

AccuArk© offers a 3-year price lock guarantee from the date of your initial subscription. This means:

• The subscription rate you pay when you first sign up is guaranteed for 3 years from your signup date — your rate will not increase during this period, regardless of any pricing changes for new subscribers
• This guarantee applies to your base plan rate and any add-ons purchased at the time of signup
• Add-ons or upgrades purchased after signup are locked at the rate in effect at the time of purchase, for the remainder of your 3-year guarantee period
• If we lower our prices during your guarantee period, you will automatically receive the lower rate

After the 3-year period: The expiration of the 3-year guarantee does not mean your price will change. It simply means that your subscription rate may be subject to adjustment at that point. Many subscribers will continue at the same rate. If a price change does apply to your subscription after the guarantee period, we will provide at least 30 days' advance notice via email before any new rate takes effect.

Price Changes

For subscribers whose 3-year price guarantee has expired:

• Price changes will be communicated at least 30 days in advance via email to the address associated with your account
• Price changes take effect at the start of the next billing cycle following the notice period
• Yearly subscribers: If you are on a yearly billing cycle, any price increase will not apply until your current yearly term renews — you will always complete your paid term at the original rate
• Price increases are never applied retroactively to already-paid billing periods
• If you do not agree with a price change, you may cancel your subscription before the new rate takes effect, and you will not be charged the new rate

Machine Allocation

Machines included in your subscription are allocated per location. For example, a plan with 2 locations and 4 machines per location provides up to 4 machines at each location — you cannot use 5 machines at one location and 3 at another.

• Add-on Locations: When you add a location to your subscription, it includes the same number of machines as other locations in your plan
• Add-on Machines: Additional machines purchased separately can be used at any location within your subscription

Payment

• Subscriptions are billed monthly in advance
• Payment is due at the start of each billing cycle
• All fees are in U.S. dollars unless otherwise stated
• You are responsible for all applicable taxes

Changes to Plans

You may upgrade or downgrade your plan at any time through your account portal. Changes take effect on your next billing cycle.

Billing Cycle Changes

You may switch between monthly and yearly billing cycles:

• Monthly to Yearly: The change takes effect at the end of your current monthly billing period. Your next charge will be at the yearly rate.
• Yearly to Monthly: The change takes effect at the end of your current yearly billing period. Your next charge will be at the monthly rate.
• No refunds are issued for billing cycle changes
• Pending billing cycle changes can be cancelled before they take effect

Cancellation

You may cancel your subscription at any time. Upon cancellation:

• Your subscription remains active until the end of the current billing period
• No refunds are provided for partial billing periods (see our Refund Policy)
• You may continue to access your data until the end of the billing period
• After cancellation, your data is retained for 60 days before permanent deletion

Subscription Ownership Transfers

Subscription ownership may be transferred to a different user under the following conditions:

• The current owner must initiate the transfer request
• All transfer requests require administrative approval
• A transfer fee may apply (fee amount is set by administration and may be waived at their discretion)
• The new owner must have a valid account and accept the transfer
• Upon completion, all subscription rights and responsibilities transfer to the new owner
• Transfer fees are non-refundable once the transfer is completed

Failed Payments and Grace Periods

If a payment fails:

• We will attempt to process the payment multiple times over several days
• You will be notified by email of any payment failures
• A grace period of 7 days is provided to resolve payment issues
• If payment is not received within the grace period, your subscription will be suspended

Fees

In addition to subscription fees, the following fees may apply:

• Reactivation Fee: Charged when reactivating a cancelled subscription
• Plan Transfer Fee: Charged when transferring to a different subscription plan (if applicable)
• Ownership Transfer Fee: Charged when transferring subscription ownership to another user

Current fee amounts are displayed during the relevant process and may be waived at administrative discretion.

Service Level Agreement (SLA)

Uptime Commitment

AccuArk© targets a monthly uptime of 99.9% for the Services, measured as a percentage of total minutes in a calendar month, excluding scheduled maintenance and events described under Force Majeure.

"Downtime" means a period during which the core functionality of the Services (POS transactions, data access, and reporting) is materially unavailable due to factors within our reasonable control.

Scheduled Maintenance

• Standard Maintenance: We will provide at least 48 hours advance notice via email and/or in-service notification for planned maintenance that may cause service interruption
• Emergency Maintenance: In urgent situations requiring immediate patches (critical security vulnerabilities, data integrity issues), we will provide as much notice as reasonably possible, with a minimum of 24 hours where feasible
• Preferred Window: Scheduled maintenance is typically performed during low-traffic hours (Sundays, 2:00 AM – 6:00 AM Eastern Time)

Support Response Times

We provide the following target response times during business hours (Monday – Friday, 9:00 AM – 6:00 PM Eastern Time, excluding U.S. federal holidays):

Service Credits

If the monthly uptime falls below 99.9%, you may be eligible for service credits applied to your next invoice:

• Service credits must be requested within 30 days of the qualifying event
• Credits are capped at 100% of one month's subscription fees
• Credits are applied to future invoices and cannot be converted to cash
• See our Refund Policy for details on how SLA credits differ from refunds

SLA Exclusions

The uptime commitment does not apply to downtime caused by:

• Your internet connection, local network, or hardware
• Third-party services (payment processors, email providers)
• Scheduled maintenance (with proper advance notice)
• Force majeure events (see Force Majeure)
• Actions or inactions by you or your authorized users
• Features or services designated as "beta" or "preview"

Sole Remedy

Service credits as described above are your sole and exclusive remedy for any failure by AccuArk© to meet the uptime commitment in this SLA.

Compliance with Law

Your use of AccuArk© must at all times comply with the laws of the United States of America and all applicable local, state, federal, and international laws and regulations. The Services are designed to support lawful business operations only.

You represent and warrant that:

• Your business and its operations are lawfully established and comply with all applicable laws and regulations in your jurisdiction
• All transactions processed through the Services are for legitimate, lawful business purposes
• All data entered into the Services — including inventory, financial records, employee data, and customer information — is accurate, lawful, and does not involve or facilitate any illegal activity
• You will not use the Services to process, store, or manage data related to illegal goods, controlled substances (unless properly licensed), counterfeit products, stolen property, or any items prohibited by law
• You will comply with all applicable tax laws, employment laws, financial reporting requirements, consumer protection regulations, and data protection laws
• You will not use the Services to facilitate money laundering, tax evasion, fraud, embezzlement, or any form of financial crime
• You will comply with all applicable export control laws and economic sanctions programs, including those administered by the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC)

You agree to indemnify and hold AccuArk© harmless from any claims, damages, fines, penalties, or liabilities arising from your violation of any applicable law in connection with your use of the Services.

Export Compliance

The Services and related technology may be subject to U.S. export control laws and regulations, including the Export Administration Regulations (EAR) administered by the U.S. Department of Commerce, and economic sanctions programs administered by the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC). You agree that:

• You will not access or use the Services from any country, territory, or region that is subject to comprehensive U.S. economic sanctions (currently including Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine)
• You are not listed on any U.S. government restricted party list, including the Specially Designated Nationals (SDN) List, the Entity List, or the Denied Persons List
• You will not export, re-export, or transfer the Services or any related technical data to any prohibited country, entity, or person
• You will not use the Services for any purpose prohibited by U.S. export control laws, including the development, design, manufacture, or production of nuclear, chemical, or biological weapons, or missile technology

Violation of export control laws may result in immediate termination of your account and may subject you to significant criminal and civil penalties under U.S. law.

Acceptable Use Policy

In addition to the legal compliance requirements above, you agree to use the Services only in accordance with the following acceptable use guidelines:

Prohibited Activities

You agree not to:

• Use the Services for any illegal purpose or in violation of any applicable local, state, national, or international law
• Attempt to gain unauthorized access to our systems, networks, or other users' accounts
• Conduct penetration testing, vulnerability scanning, or security assessments of the Services without our prior written permission
• Interfere with, disrupt, or place an unreasonable burden on the Services, servers, or connected networks
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the software
• Copy, modify, adapt, translate, or create derivative works based on the software
• Share your account credentials with unauthorized parties or allow multiple individuals to use a single account
• Transmit any malicious code, viruses, worms, Trojan horses, or spam through the Services
• Exceed your subscribed capacity in terms of locations, machines, or users
• Scrape, data mine, or use automated tools to extract data from the Services beyond the provided export features
• Use the Services to store or transmit content that infringes on third-party intellectual property rights
• Sublicense, resell, rent, lease, or provide the Services to third parties without our express written authorization
• Circumvent usage limits, rate limits, or any technical restrictions of the Services
• Use the Services for competitive product development, benchmarking, or analysis without our prior written consent
• Remove, alter, or obscure any proprietary notices, labels, or marks on the Services

Account Security Obligations

You are responsible for maintaining the security of your account:

• Use a strong, unique password for your account
• We strongly recommend enabling multi-factor authentication (MFA) when available
• Notify us immediately through our contact page if you suspect your account has been compromised
• You are liable for all activity that occurs under your credentials until you report a compromise to us
• Regularly review authorized users and branch permissions, and revoke access for individuals who no longer require it

Capacity and Resource Limits

Your use of the Services must remain within the limits of your subscribed plan (number of locations, machines, and users). Automated or programmatic access to the Services must comply with any published API rate limits and usage guidelines.

Content Responsibility

You are solely responsible for all data and content entered into the Services. AccuArk© is not obligated to monitor content stored in your account but reserves the right to review and remove content that violates these Terms, applicable law, or the rights of third parties.

Enforcement

Violations of this Acceptable Use Policy may result in:

1. Warning: Written notice of the violation with a deadline to remedy
2. Suspension: Temporary suspension of access to the Services
3. Termination: Permanent termination of your account and access

The severity of the enforcement action will be determined at our discretion based on the nature and severity of the violation. No refunds will be issued for accounts suspended or terminated due to violations of this Acceptable Use Policy.

Your Data

Ownership

You retain all rights to your business data. We do not claim ownership of your data.

Our Use of Your Data

We use your data solely to provide and improve our Services. We do not sell your data to third parties. See our Privacy Policy for details.

Data Backup

We maintain regular backups of your data for disaster recovery and service continuity purposes.

Data Export

You are responsible for maintaining your own backup copies of critical business data. AccuArk© provides multiple methods to export your data:

• In-Software Export: Export your data at any time using the export features available throughout the software
• Reports: Generate and download comprehensive reports for all business data including inventory, transactions, customers, and financials
• Paper Trail: As with any business system, we recommend maintaining physical records (receipts, invoices, delivery notes) as a secondary backup

These export options provide all the data necessary for record-keeping, accounting, tax compliance, and business continuity purposes.

Data Retention After Cancellation or Suspension

When your subscription ends or is suspended (whether by cancellation, non-payment, or other reasons):

• Your data is retained for 60 days after cancellation or suspension
• During this period, you may reactivate your subscription to regain access
• Reactivation requires payment of all outstanding dues and any applicable reactivation fees
• You cannot access or retrieve your data during this period without reactivating
• After 60 days, your data will be permanently deleted without exception
• We strongly recommend exporting your data regularly and before any cancellation

Internet Connection

AccuArk© is a cloud-based service that requires an internet connection for full functionality. We are not responsible for service interruptions caused by your internet connection.

For businesses requiring offline capability, we offer a special subscription with local server installation. Contact us for details.

Software Updates

We regularly update and improve our software. All subscribers receive updates at no additional cost. Updates may include:

• New features and functionality
• Bug fixes and security patches
• Performance improvements
• User interface changes

We will notify you of significant changes that affect your use of the Services.

Beta and Preview Features

From time to time, AccuArk© may make available features, functionality, or services that are designated as "beta," "preview," "early access," "experimental," or similar labels (collectively, "Beta Features").

By using any Beta Features, you acknowledge and agree that:

• Beta Features are provided "AS IS" and "AS AVAILABLE" without any warranty of any kind, express or implied
• Beta Features may contain bugs, errors, or defects, and may not function as intended or as described
• Beta Features may be modified, suspended, or discontinued at any time without notice and without liability to you
• Data processed through Beta Features may be subject to loss, corruption, or incompatibility with future versions — do not rely on Beta Features for critical business operations
• Beta Features are excluded from the SLA uptime commitment and service credit provisions
• We may collect additional usage data and feedback related to Beta Features to improve the Services
• AccuArk© shall have no liability for any damages, data loss, business interruption, or other harm resulting from your use of Beta Features

Your use of Beta Features is entirely voluntary. We recommend maintaining regular backups and alternative workflows before adopting any Beta Feature in a production environment.

Affiliate Program

AccuArk© operates an affiliate program that allows approved participants ("Affiliates") to earn commissions by referring new subscribers to the Services. Participation in the Affiliate Program is subject to these Terms and the additional terms set forth in this section.

Eligibility and Application

• The Affiliate Program is available by application only. AccuArk© reserves the right to approve or reject any application at its sole discretion, without obligation to provide a reason
• Applicants must provide accurate and truthful information in their application, including their business name, marketing methods, and intended promotional channels
• AccuArk© may revoke affiliate status at any time for violation of these Terms, fraudulent activity, or any reason at our sole discretion
• Affiliates must be at least 18 years of age and have the legal authority to enter into this agreement

Commission Structure

Affiliates may earn commissions through the following mechanisms, as configured by AccuArk© administration:

• Signup Bonus: A one-time fixed payment earned when a referred customer makes their first subscription payment
• Percentage Commission: A percentage of the subscription payment amount, which may be structured as:
  • One-time — applied only to the referred customer's first payment
  • Recurring — applied to each payment for the duration of the referred customer's subscription
  • Limited — applied to each payment for a fixed number of billing cycles as determined by AccuArk©

Commission rates, types, and limits are set by AccuArk© and may be adjusted at any time. Rate changes apply to future referrals only and do not affect commissions already earned on existing referrals. AccuArk© may implement performance-based tiers that automatically adjust commission rates based on referral volume.

Referral Tracking and Attribution

• Referrals are tracked through unique affiliate referral links and codes assigned to each Affiliate
• A referral is attributed to an Affiliate only if the prospective customer uses the Affiliate's referral link or code within the tracking window set by AccuArk©
• Only one Affiliate may receive credit for a given referral. In the event of a dispute, AccuArk© will determine attribution at its sole discretion
• Referrals are credited only for new customers. Existing subscribers, reactivations, or ownership transfers do not qualify

Affiliate Coupons

Where enabled, Affiliates may create a limited number of promotional coupons to offer discounts to prospective customers. The following rules apply:

• The maximum number of active coupons per Affiliate is determined by AccuArk© administration
• Coupon discount amounts are deducted from the Affiliate's commission on the referred customer's first payment. This means the Affiliate funds the discount — it is not an additional cost to AccuArk©
• AccuArk© reserves the right to disable, modify, or revoke any affiliate coupon at any time

Commission Hold Period and Availability

• All commissions are subject to a hold period (as configured by AccuArk©) before they become available for payout. This hold period protects against refunds, chargebacks, and fraudulent signups
• During the hold period, commissions are in a "pending" state and cannot be withdrawn
• After the hold period, commissions move to an "available" state and count toward the Affiliate's payout balance
• Commissions are automatically voided if the referred customer cancels their subscription, requests a refund, or initiates a chargeback before or during the hold period. AccuArk© may also void commissions after the hold period in cases of fraud or Terms violations

Payouts

• Affiliates may request a payout once their available balance meets or exceeds the minimum payout threshold set by AccuArk©
• Payout requests are subject to review and approval by AccuArk© administration. AccuArk© reserves the right to delay or deny a payout if it suspects fraudulent activity or a violation of these Terms
• Payouts are processed via the payment method selected by the Affiliate (such as bank transfer, PayPal, Zelle, or check). It is the Affiliate's responsibility to maintain accurate and current payment information
• AccuArk© aims to process approved payouts within a reasonable timeframe but makes no guarantee of a specific processing time
• Affiliates are solely responsible for any taxes, fees, or reporting obligations associated with their commission earnings. AccuArk© does not withhold taxes on affiliate payouts and may require tax documentation (such as a W-9 form) before processing payouts, as required by applicable law

Prohibited Affiliate Conduct

Affiliates must not engage in the following activities. Violation of any of these rules may result in immediate termination of affiliate status, forfeiture of unpaid commissions, and potential legal action:

• Self-referral: Referring yourself, your own business, or any entity you own or control to earn commissions
• Fraudulent referrals: Using fake accounts, bots, click farms, or any automated means to generate referrals or inflate metrics
• Misleading claims: Making false, exaggerated, or misleading claims about AccuArk© Services, pricing, features, or the affiliate program itself
• Spam: Sending unsolicited bulk emails, messages, or communications to promote affiliate links. All marketing must comply with applicable anti-spam laws (including CAN-SPAM and GDPR)
• Brand impersonation: Representing yourself as an employee, agent, or official representative of AccuArk©
• Trademark misuse: Using AccuArk© trademarks, logos, or brand assets in a manner not expressly authorized, or bidding on AccuArk© branded keywords in paid advertising campaigns without prior written approval
• Cookie stuffing: Using hidden frames, forced redirects, or any technique to set referral cookies without the user's knowledge or genuine intent to visit AccuArk©
• Incentivized referrals: Offering cash, credits, or other incentives to individuals solely for signing up through your affiliate link, unless expressly permitted by AccuArk©

Modification and Termination of the Affiliate Program

• AccuArk© reserves the right to modify, suspend, or discontinue the Affiliate Program (in whole or in part) at any time, with or without notice
• If the program is discontinued, Affiliates will receive payouts for all legitimately earned and available commissions as of the discontinuation date
• Upon termination of an Affiliate's participation (whether by the Affiliate or by AccuArk©), all pending commissions still within the hold period are forfeited. Available commissions that have cleared the hold period will be paid out, provided the minimum payout threshold is met
• AccuArk© may modify commission rates, hold periods, payout thresholds, and other program terms at any time. Changes to commission rates apply to referrals made after the effective date of the change

Relationship of Parties

Affiliates are independent contractors and not employees, partners, agents, or joint venturers of AccuArk©. Nothing in these Terms creates an employment, agency, or partnership relationship. Affiliates have no authority to bind AccuArk© to any agreement, obligation, or liability. Affiliates are responsible for their own business expenses, equipment, taxes, and insurance.

Referral Rewards Program

AccuArk© may offer a Referral Rewards Program to eligible subscribers, separate from the Affiliate Program. This program allows existing subscribers to earn rewards by referring new customers.

• Referral rewards and any benefits offered to referred friends are determined by AccuArk© and may change at any time
• Rewards may be issued as account credits, discounts, or other forms at AccuArk©'s discretion
• The same prohibitions against self-referral, fraud, spam, and misleading claims that apply to the Affiliate Program also apply to the Referral Rewards Program
• AccuArk© reserves the right to void rewards obtained through fraudulent or abusive means
• The Referral Rewards Program may be modified, suspended, or discontinued at any time

Intellectual Property

AccuArk© and all related trademarks, logos, and software are the property of AccuArk© or its licensors.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services during your active subscription period. This license does not include any right to:

• Sublicense, resell, or distribute the Services
• Use our trademarks or intellectual property beyond what is necessary to use the Services
• Claim any ownership interest in the Services or underlying technology

No rights are granted to you by implication, estoppel, or otherwise, except for the limited license expressly set forth in these Terms.

Feedback: If you provide suggestions, ideas, or feedback about the Services, you grant us a non-exclusive, worldwide, royalty-free license to use, modify, and incorporate that feedback into the Services without any obligation to you.

Publicity and Testimonials

AccuArk© may use your company name, logo, and general description of your use of the Services for marketing and promotional purposes, including but not limited to:

• Listing your company as a customer on our website, marketing materials, and presentations
• Publishing case studies or success stories based on publicly available information about your use of the Services
• Using your company name in client lists, press releases, or investor communications

If you do not wish for AccuArk© to use your company name or logo for these purposes, you may opt out at any time by contacting us. We will remove your information from future marketing materials within 30 days of receiving your opt-out request. Previously published materials (printed brochures, archived web pages) are excluded from this obligation.

Testimonials: If you provide a written testimonial, review, or endorsement of the Services, you grant us a non-exclusive, worldwide, royalty-free license to reproduce, display, and distribute that testimonial in connection with the marketing and promotion of the Services. You may revoke this license at any time by written notice.

Software Protection and Legal Enforcement

The AccuArk© software, including all source code, object code, algorithms, database schemas, user interface designs, APIs, documentation, and related materials, is protected by United States and international intellectual property laws, including but not limited to:

• Copyright Act (17 U.S.C. §§ 101–1332): The software is an original work of authorship protected by federal copyright law. Unauthorized reproduction, distribution, or creation of derivative works is strictly prohibited.
• Digital Millennium Copyright Act (DMCA, 17 U.S.C. § 1201): Any circumvention of technological protection measures, access controls, or digital rights management systems used to protect the software is a federal offense.
• Computer Fraud and Abuse Act (CFAA, 18 U.S.C. § 1030): Unauthorized access to our computer systems, networks, or data — including any attempt to bypass authentication, exploit vulnerabilities, or exceed authorized access — is a federal crime.
• Economic Espionage Act (18 U.S.C. §§ 1831–1839): The software contains proprietary trade secrets. Any misappropriation, theft, or unauthorized disclosure of trade secrets is subject to criminal prosecution and civil remedies.

Prohibited Acts

Without limiting the Acceptable Use Policy above, the following acts are expressly prohibited and may result in civil liability and criminal prosecution:

• Reverse engineering, decompiling, disassembling, or otherwise attempting to discover the source code, underlying algorithms, or database schema of the software
• Copying, cloning, or reproducing any part of the software, including its user interface, functionality, or architecture
• Circumventing, disabling, or interfering with any security features, license verification, or access controls
• Distributing, selling, licensing, or making the software available to unauthorized third parties
• Creating competing products based on information obtained from the Services through any means
• Extracting or scraping proprietary data structures, business logic, or algorithms from the software
• Accessing or attempting to access the software's databases, servers, or backend systems outside of the authorized user interface

Monitoring and Enforcement

AccuArk© employs technical measures to detect unauthorized use, access, and modification of the software. We reserve the right to:

• Monitor usage patterns for signs of unauthorized access or misuse
• Immediately terminate access for any user found to be in violation of this section
• Pursue civil litigation for injunctive relief and monetary damages
• Report violations to federal law enforcement agencies for criminal investigation and prosecution
• Seek statutory damages under the DMCA of up to $2,500 per act of circumvention, in addition to actual damages

These enforcement rights are cumulative and in addition to any other remedies available under law or equity. Failure to enforce any provision does not constitute a waiver of our rights.

Website Information Disclaimer

All information, content, descriptions, feature lists, screenshots, and marketing materials presented on the AccuArk© website — including but not limited to product pages, feature descriptions, case studies, pricing information, and blog posts — are provided for informational purposes only.

While we make reasonable efforts to ensure the accuracy of information on our website:

• We do not guarantee that all information is complete, current, or free of errors at all times
• Features, functionality, and capabilities described on the website may be subject to change, modification, or removal without prior notice
• Screenshots and demonstrations may depict features in development, optional configurations, or customized setups that may differ from the standard product
• Pricing, plans, and promotional offers are subject to change and may contain typographical errors
• Performance claims, statistics, and comparisons are based on specific conditions and may vary based on your usage, configuration, and environment

AccuArk© shall not be held liable for any decisions made, actions taken, or reliance placed on information presented on our website. The trial period serves as the definitive opportunity to verify all promoted features and capabilities.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS.

Third-Party Services and Integrations

The Services may integrate with, rely upon, or interact with third-party services, including but not limited to payment processors, cloud hosting providers, email delivery services, SMS providers, hardware peripherals (printers, scanners, barcode readers), and operating systems. AccuArk© makes no warranties or representations regarding the availability, reliability, accuracy, or performance of any third-party service or integration.

• We are not responsible for any failures, errors, outages, data loss, or security breaches caused by third-party services
• Third-party services are governed by their own terms of service and privacy policies, which you are responsible for reviewing
• We do not guarantee that third-party integrations will remain available, compatible, or functional indefinitely — integrations may be modified, replaced, or discontinued
• Any fees charged by third-party services (payment processing fees, SMS charges, hardware costs) are your sole responsibility and are not included in your AccuArk© subscription
• We are not liable for any damages arising from your reliance on third-party services accessed through or in connection with the Services

Data Loss and Service Interruptions

While AccuArk© makes every commercially reasonable effort to protect your data and maintain continuous service availability — including encryption, regular backups, redundant infrastructure, and security monitoring — we cannot and do not guarantee that data loss or service interruptions will never occur.

AccuArk© is not responsible for any data loss, corruption, or service unavailability caused by circumstances beyond our reasonable control, including but not limited to:

• Internet or telecommunications failures, outages, or degradation
• Third-party hosting provider failures or outages
• Cyberattacks, DDoS attacks, or other malicious activity by third parties
• Natural disasters, power outages, or other force majeure events
• Actions by government authorities, regulatory bodies, or court orders
• Hardware failures at the infrastructure level
• Your own actions, omissions, or misconfiguration of the Services

You are solely responsible for maintaining independent backups of your critical business data. We strongly recommend using the in-software export features regularly and keeping physical copies of important business records. AccuArk© shall not be liable for any damages arising from data loss or service interruptions, regardless of the cause, except to the extent directly caused by our gross negligence or willful misconduct.

Limitation of Damages

• We are not liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data (beyond the backup and retention commitments described herein), loss of business opportunity, business interruption, or cost of procurement of substitute services
• Our total aggregate liability for all claims arising out of or related to these Terms or the Services shall not exceed the total amount you paid to us in the 12 months immediately preceding the event giving rise to the claim
• This limitation of liability applies collectively to all claims, not on a per-claim basis

Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain types of damages. In such jurisdictions, our liability is limited to the maximum extent permitted by applicable law.

Indemnification

You agree to indemnify, defend, and hold harmless AccuArk©, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Services
• Your violation of these Terms or the Acceptable Use Policy
• Your violation of any applicable law or regulation
• Any content or data you store or transmit through the Services
• Your infringement of any third-party intellectual property or privacy rights

Termination

Termination by You

You may terminate your use of the Services at any time by cancelling your subscription through the account portal. Cancellation takes effect at the end of the current billing period.

Termination by Us

We may terminate or suspend your access to the Services immediately, without prior notice:

• For violation of these Terms or the Acceptable Use Policy
• For non-payment of fees (following the grace period)
• If required by law or regulation
• If you become insolvent or file for bankruptcy
• If we determine that your use poses a security risk to the Services or other users

Termination at Our Discretion

AccuArk© reserves the right to terminate or suspend any subscription at any time, for any reason we deem reasonable, at our sole discretion, without obligation to provide an explanation. In such cases:

• We will provide 30 days' notice via email where practicable, unless immediate termination is required for security, legal, or compliance reasons
• If we terminate your subscription under this provision (and not for cause), you will receive a pro-rata refund of any prepaid fees for the unused portion of your billing period
• The 60-day data retention period will apply, giving you time to export your data

This right is in addition to our right to terminate for cause as described above. We exercise this discretion in good faith and only when we reasonably believe it is necessary to protect AccuArk©, our users, or the integrity of the Services.

Effect of Termination

Upon termination:

• Your right to use the Services ceases immediately
• Your data is retained for 60 days per our data retention policy, after which it is permanently deleted
• You remain responsible for any outstanding fees accrued prior to termination
• All licenses granted to you under these Terms terminate immediately

Survival

The following sections survive termination of these Terms: Definitions, Intellectual Property, Limitation of Liability, Indemnification, Dispute Resolution, Force Majeure, Governing Law, and any provisions that by their nature should survive termination.

Dispute Resolution and Arbitration

Informal Resolution

Before initiating any formal proceedings, you agree to first attempt to resolve any dispute informally by contacting us. We will attempt to resolve the dispute through good-faith negotiation within 30 days of receiving your written notice.

Binding Arbitration

If the dispute is not resolved through informal negotiation, it shall be finally resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall:

• Be conducted in the State of Michigan
• Be presided over by a single arbitrator selected in accordance with AAA rules
• Be conducted on an individual basis only
• Result in a decision that is final and binding, and may be entered as a judgment in any court of competent jurisdiction

Class Action Waiver

YOU AND ACCUARK© AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If this specific provision is found to be unenforceable, then the entirety of this arbitration section shall be null and void.

Exceptions

• Small Claims: Either party may bring individual claims in small claims court if the claim falls within the court's jurisdictional limits
• Injunctive Relief: AccuArk© may seek injunctive or equitable relief in any court of competent jurisdiction to prevent or restrain intellectual property infringement, unauthorized access, or violation of the Acceptable Use Policy, without first engaging in arbitration

Arbitration Costs

Each party shall bear its own attorneys' fees and costs. Arbitrator fees and AAA administrative costs shall be allocated per AAA rules.

Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under these Terms (other than payment obligations) to the extent that such delay or failure is caused by events beyond the party's reasonable control, including but not limited to:

• Natural disasters (earthquakes, floods, hurricanes, fires)
• Epidemics, pandemics, or public health emergencies
• Acts of government, war, terrorism, civil unrest, or sanctions
• Power outages, utility failures, or telecommunications failures
• Internet backbone failures or disruptions
• Distributed denial-of-service (DDoS) attacks or other cyberattacks
• Labor disputes, strikes, or shortages

The affected party shall provide prompt written notice of the force majeure event and use commercially reasonable efforts to mitigate its effects and resume performance as soon as practicable.

Changes to Terms

We may modify these Terms at any time. For material changes, we will provide at least 30 days' advance notice via email to the address associated with your account. Non-material changes (corrections, formatting, clarifications) may be made without advance notice.

Your continued use of the Services after the notice period constitutes acceptance of the modified Terms. If you do not agree with the changes, your sole remedy is to cancel your subscription before the changes take effect.

Governing Law

These Terms are governed by the laws of the State of Michigan, without regard to conflict of law principles. Subject to the arbitration provisions above, any legal proceedings shall be brought in the state or federal courts located in Michigan.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent.

Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms, in whole or in part, without the prior written consent of AccuArk©. Any attempted assignment without consent shall be null and void.

AccuArk© may freely assign, transfer, or delegate its rights and obligations under these Terms, in whole or in part, without notice or your consent, including but not limited to assignments in connection with:

• A merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets
• A transfer to a parent company, subsidiary, or affiliate
• A change in control of AccuArk©

In the event of such assignment, AccuArk© will notify you within a reasonable time, and these Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

Notices

All legal notices, communications, and disclosures required or permitted under these Terms shall be delivered as follows:

• Notices to You: AccuArk© will send notices to the email address associated with your account. It is your responsibility to keep your email address current. Notice is deemed delivered 24 hours after the email is sent to your registered email address, regardless of whether you read the email
• Notices to AccuArk©: You must send notices to us via our contact page. Notice to AccuArk© is deemed delivered upon actual receipt
• In-Service Notifications: We may also provide notices through the Services interface (banners, alerts, dashboard notifications). These serve as supplementary notice and do not replace email notification for material changes

For time-sensitive matters (such as legal disputes or termination notices), we strongly recommend confirming receipt of any notice sent to AccuArk©.

Entire Agreement

These Terms of Service, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and AccuArk© regarding the use of our Services. These documents supersede all prior or contemporaneous understandings, agreements, negotiations, representations, and warranties, both written and oral, regarding the Services.

Contact Us

For questions about these Terms, please contact us.