Terms of Service

The website arkstrategic.io (the “Site”) comprises pages operated by Ark Strategic, Inc. (“Ark Strategic,” “we,” “us,” or “our”). Ark Strategic offers digital twin technology, facility intelligence, and related consulting services. By accessing and using the Site, you agree to be bound by these Terms. If you do not agree, do not use the Site.

Ark Strategic may modify these Terms and the services offered through the Site periodically without advance notice. You should check these Terms regularly for revisions. All amended Terms become effective upon our posting to the Site, and any use of the Site after such revisions have been posted signifies your consent to the changes.

Your registration and use of the Site is subject to our Privacy Policy, which is incorporated into these Terms by reference.

Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties are those of the respective author(s) or distributor(s) and not of Ark Strategic. Ark Strategic does not guarantee the accuracy, completeness, or usefulness of any third-party content.

The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Ark Strategic, and Ark Strategic is not responsible for the contents of any Linked Site. Ark Strategic provides these links as a convenience only, and the inclusion of any link does not imply endorsement by Ark Strategic.

You warrant that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.

Ark Strategic provides digital twin technology, facility scanning, 3D mapping, and building intelligence services. The specific scope, deliverables, and terms of any engagement are defined in separate service agreements between Ark Strategic and each client.

Information presented on the Site is for general informational purposes. It is your responsibility to evaluate the suitability of our services for your specific facility, security, or operational requirements. Ark Strategic is not liable for decisions made based solely on information presented on the Site without a formal engagement.

Any creative submissions you provide to Ark Strategic, including but not limited to comments, suggestions, ideas, drawings, pictures, or materials (“Submissions”), become the property of Ark Strategic. None of the Submissions shall be subject to any obligation of confidentiality on the part of Ark Strategic, and Ark Strategic shall not be liable for any use or disclosure of any Submissions.

Ark Strategic shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the world and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to you.

By entering your contact information on the Site, you expressly request to receive communications from Ark Strategic via telephone, email, and text/SMS, including through the use of automated dialing systems. Consent to such communications is not a requirement to purchasing goods or services. Standard message and data rates may apply. You can opt out of text messages at any time by replying “STOP.”

YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE MATERIAL PROVIDED ON THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

TO THE FULLEST EXTENT PERMITTED BY LAW, ARK STRATEGIC DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

ARK STRATEGIC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK.

UNDER NO CIRCUMSTANCES SHALL ARK STRATEGIC, OR ITS OFFICERS, EMPLOYEES, DIRECTORS, MANAGERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE THIS WEBSITE, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST REVENUES, LOST PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.

You agree that Ark Strategic, in its sole discretion, may terminate your access to the Site without prior notice, for any reason. Ark Strategic shall not be liable to you or any other party for any termination of your access to the Site. The provisions of these Terms that by their nature should survive termination shall survive termination.

All materials included on the Site, except third-party content, are the property of Ark Strategic and are protected by United States and international copyright laws. No portion of the material on the Site may be reprinted or republished in any form without the express written permission of Ark Strategic.

You may download material from the Site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. You may not further copy, distribute, or re-post any downloaded material.

Certain of the names, logos, and other materials displayed on the Site may constitute trademarks, trade names, service marks, or logos of Ark Strategic or third parties. You are not authorized to use any such marks. Ownership of all such marks and the goodwill associated therewith remains with Ark Strategic or those third parties.

In accordance with the Digital Millennium Copyright Act (Title 17, United States Code, Section 512(c)(2)), notifications of claimed copyright infringement should be sent to Ark Strategic. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information:

• A physical or electronic signature of the copyright owner or person authorized to act on their behalf;
• Identification of the copyrighted work claimed to have been infringed;
• Identification of the material that is claimed to be infringing, and its location on the Site;
• Your contact information (address, telephone number, and email address);
• A statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law;
• A statement, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or authorized to act on their behalf.

You agree to indemnify, defend and hold harmless Ark Strategic, its parents, subsidiaries, affiliates, officers, directors, managers, employees, consultants and agents, from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees and court costs) resulting or arising from:

• Any false information submitted by you;
• Your violation of these Terms or applicable law;
• Your violation of any third-party rights; or
• Any harmful programming or content you input into the Site.

THIS SECTION PROVIDES IMPORTANT INFORMATION ABOUT BINDING ARBITRATION.

This agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event of any controversy, claim, or dispute between the parties arising out of or relating to this Agreement, the parties agree to resolve all issues solely through the use of binding arbitration, governed by the rules of the American Arbitration Association (“AAA”).

Arbitration shall be conducted in Broward County, Florida by a mutually agreed-upon arbitrator. The arbitrator's award shall be final, binding on all parties, and subject to review in accordance with applicable statutes and regulations governing arbitration awards.

The parties further agree that either party may bring claims against the other only in their individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding. The arbitrator may not consolidate proceedings of more than one person's claims, and may not otherwise preside over any form of representative or class proceeding.

Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules.

To ask questions about these Terms, contact us at:

Ark Strategic, Inc.
200 S Andrews Ave, Suite 504-1002
Fort Lauderdale, Florida 33301
Phone: +1 239-426-6965