Terms of Service

1. Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you and DotWin LLC, doing business as ARKZ (“ARKZ,” “we,” “us,” “our”). By creating an account, accessing, or using our website at arkz.ai, our applications, APIs, and all related services (collectively, the “Services”), you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference.

If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

If you do not agree to these Terms, do not use the Services.

2. Eligibility

You must be at least 18 years old to use the Services. By using the Services, you represent and warrant that you are at least 18 years of age, have the legal capacity to enter into these Terms, and are not prohibited from using the Services under any applicable law.

3. Your Account

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to provide accurate, current, and complete information during registration and to update that information as necessary. You must notify us immediately at support@arkz.ai if you believe your account has been compromised.

We reserve the right to suspend or terminate your account at any time if we reasonably believe you have violated these Terms, engaged in fraudulent or illegal activity, or posed a risk to the security or integrity of the platform or other users.

4. The Services

ARKZ is a platform that enables users to:

• Create Assetized Repositories of Knowledge (“ARKs”) that embody their thinking, expertise, and communication style
• Train their ARKs through a conversational interface (“KNOA”) and through document uploads, third-party integrations, and other data sources
• Generate text, documents, and other content in their ARK’s voice
• Generate synthetic audio and video content that replicates their voice and visual likeness
• License their ARKs on a marketplace, enabling others to interact with and benefit from their knowledge
• Connect third-party platforms and, with appropriate subscription tiers, enable two-way communication through their ARK (email drafts, social media posts, messaging)
• Manage personal information including journals, decisions, habits, goals, people, reminders, and life events

The Services rely on third-party artificial intelligence models and other technologies. The availability, quality, and capabilities of the Services may vary and are subject to change.

5. Your Content and Data

5.1 Ownership

You own your data. All content you provide to the Services — including training conversations, documents, insights, journal entries, people, events, voice recordings, video content, and any other data you create or upload (collectively, “Your Content”) — remains your property. We do not claim ownership of Your Content.

5.2 License to ARKZ

By using the Services, you grant ARKZ a worldwide, non-exclusive, royalty-free license to use, process, store, and display Your Content solely for the purposes of providing, maintaining, and improving the Services for you. This license includes the right to:

• Process Your Content through AI models to extract insights, build your ARK’s identity, and generate responses
• Store Your Content in our database systems with the privacy controls you configure
• Make Your Content available to users you authorize (licensees, marketplace visitors) at the privacy levels you set
• Process audio and video to create voice profiles and visual identity profiles as described in our Privacy Policy
• Generate synthetic audio and video content replicating your voice and likeness at your direction

This license terminates when you delete Your Content or your account, except as required to comply with legal obligations.

5.3 Marketplace Licensing

When you list your ARK on the marketplace, you grant a sublicense allowing ARKZ to make your ARK’s training-level and licensable-level content available to marketplace users and licensees in the form of AI-generated responses. Licensees interact with an AI-generated representation of your knowledge — they do not receive access to your raw data, vault-level content, or original training transcripts.

5.4 Your Responsibilities for Your Content

You represent and warrant that:

• You have the right to provide Your Content to the Services and to grant the licenses described above
• Your Content does not infringe or violate the intellectual property rights, privacy rights, publicity rights, or any other rights of any third party
• Your Content does not contain material that is unlawful, defamatory, threatening, harassing, discriminatory, or otherwise objectionable
• Any information about third parties that you include in Your Content (names, relationships, interactions) is provided with appropriate authority or consent
• You will not use the Services to impersonate any person or entity without their consent

You are solely responsible for the accuracy and legality of Your Content. ARKZ does not review, verify, or endorse the information you provide during training. Your ARK will reflect what you teach it.

6. AI-Generated Content

6.1 Nature of AI Output

The Services use artificial intelligence to generate text, audio, video, and other content (“AI Output”). AI Output is generated by third-party language models based on the training data and prompts provided. AI Output may be inaccurate, incomplete, misleading, or inappropriate. You understand and agree that:

• AI Output does not constitute professional advice of any kind, including but not limited to legal, financial, medical, therapeutic, tax, or investment advice
• AI Output should not be relied upon as a substitute for qualified professional judgment
• AI Output may contain errors, hallucinations, or fabricated information that appears plausible but is incorrect
• The quality and accuracy of AI Output depends on the quality and completeness of the underlying training data

6.2 Synthetic Media

The Services may generate synthetic audio (text-to-speech in a user’s voice) and synthetic video (AI-generated video replicating a user’s visual likeness). You acknowledge that:

• Synthetic media is AI-generated content and may not perfectly replicate a person’s actual voice or appearance
• You will not use synthetic media features to create content that impersonates another person without their consent, is misleading or deceptive, or violates any applicable law
• You are responsible for all synthetic media generated at your direction and for ensuring its use complies with applicable laws, including right of publicity laws and regulations governing AI-generated content

6.3 No Guarantee of Accuracy

ARKZ does not guarantee the accuracy, reliability, completeness, or usefulness of any AI Output. We are not responsible for decisions or actions you or others take based on AI Output. You use AI Output at your own risk.

7. Marketplace

7.1 Creator Responsibilities

If you list your ARK on the marketplace, you are responsible for ensuring that the content accessible through your ARK does not violate these Terms, applicable law, or the rights of third parties. You are responsible for setting appropriate privacy levels on your data. You acknowledge that ARKZ acts as a platform facilitating interactions and is not responsible for the specific content of your ARK’s responses.

7.2 Licensee Acknowledgment

If you interact with another user’s ARK through the marketplace or a license, you acknowledge that the ARK’s responses are AI-generated based on the creator’s training data. Responses may be inaccurate, biased, or incomplete. You should not rely on ARK responses as professional advice or factual truth. Your interactions with third-party ARKs are at your own risk.

7.3 Revenue and Payments

Marketplace transactions, wallet top-ups, creator subscriptions, and ARK licensing are processed through Stripe. You agree to Stripe’s terms of service when making or receiving payments through the platform. Revenue splits between creators and ARKZ are as displayed at the time of transaction. ARKZ reserves the right to modify pricing, fees, and revenue splits with 30 days’ notice.

7.4 Wallet

Funds loaded into your ARKZ wallet are non-refundable credits for use within the platform. Loaded wallet funds cannot be withdrawn as cash. Earned funds (creator revenue) may be withdrawn after completing identity verification (KYC) through our payment provider. ARKZ is not a bank, financial institution, or money transmitter. Wallet balances do not earn interest.

8. Integrations and Two-Way Features

8.1 Third-Party Platform Connections

The Services allow you to connect supported third-party platforms, currently including Slack, Notion, GitHub, and RSS feeds, to import data into your ARK. You are responsible for complying with the terms of each connected platform. ARKZ is not responsible for consequences arising from your use of connected platform APIs, including account suspension or data loss on the third-party platform.

8.2 Two-Way Communication

If you enable an integration action that sends content to a supported third-party platform, your ARK may generate content for your review and transmit it only after the confirmation required by that integration. You acknowledge and agree that:

• You are responsible for reviewing and approving content before it is sent
• ARKZ is not liable for any consequences of content sent through connected platforms, including damage to relationships, professional reputation, or legal liability
• You will not use two-way features to send spam, harassment, illegal content, or content that violates the terms of the connected platform

9. Prohibited Uses

You agree not to use the Services to:

• Create ARKs that impersonate real people without their express consent
• Generate content that is illegal, defamatory, threatening, harassing, discriminatory, fraudulent, or that promotes violence or self-harm
• Create synthetic media (audio or video) of any person who has not consented to such creation through the platform
• Circumvent, disable, or interfere with security features of the Services
• Reverse engineer, decompile, or disassemble any part of the Services
• Use automated systems (bots, scrapers) to access the Services except through our published APIs
• Resell, sublicense, or redistribute the Services or access to the Services without ARKZ’s written consent
• Use the Services to build a competing product or service
• Upload content that contains malware, viruses, or harmful code
• Attempt to access another user’s account, ARK, or data without authorization
• Use the Services in any way that violates applicable laws or regulations

9.2 Security and Anti-Abuse Measures

To protect the integrity and security of the platform and all users, ARKZ employs automated systems to detect and prevent abuse. You acknowledge and agree that:

• We may use rate limiting, behavioral analysis, device fingerprinting, and automated pattern detection to identify and block abusive, fraudulent, or unauthorized use of the Services
• We may require identity verification (such as CAPTCHA, email verification, or phone verification) at account creation, before financial transactions, or when suspicious activity is detected
• We may suspend or terminate accounts that exhibit patterns consistent with automated scraping, systematic data extraction, coordinated inauthentic behavior, or any activity that threatens the security or integrity of the platform
• We reserve the right to limit, throttle, or block access from specific IP addresses, devices, or regions if we detect abuse patterns originating from those sources
• All AI-generated content produced through the Services may contain digital markers or metadata attributable to the ARKZ platform
• We may monitor API usage patterns for license and metered API users and may revoke API credentials if usage patterns indicate systematic knowledge extraction, competitive intelligence gathering, or any use that threatens the intellectual property of ARK creators

These measures are designed to protect you and all users on the platform. If you believe your account has been incorrectly flagged or restricted, contact support@arkz.ai.

10. Intellectual Property

10.1 ARKZ Platform

The Services, including all software, algorithms, designs, interfaces, text, graphics, logos, and trademarks (excluding Your Content and AI Output), are owned by or licensed to ARKZ and are protected by intellectual property laws. These Terms do not grant you any rights to our intellectual property except the limited license to use the Services as described herein.

10.2 AI Output Ownership

As between you and ARKZ, you own the AI Output generated at your direction through the Services, subject to any rights of third parties and the limitations of applicable law. ARKZ does not claim ownership of AI Output. However, you acknowledge that AI Output may not be eligible for copyright protection in all jurisdictions, as the law regarding copyright of AI-generated content is evolving.

10.3 Feedback

If you provide feedback, suggestions, or ideas about the Services, you grant us an unrestricted, irrevocable, worldwide, royalty-free license to use that feedback for any purpose without obligation to you.

11. Disclaimer of Warranties

THE SERVICES, INCLUDING ALL AI OUTPUT, SYNTHETIC MEDIA, ARK RESPONSES, AND GENERATED CONTENT, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ARKZ DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• MERCHANTABILITY — we do not warrant that the Services are fit for commercial use or meet commercial quality standards
• FITNESS FOR A PARTICULAR PURPOSE — we do not warrant that the Services are suitable for any specific use case, including but not limited to professional advice, medical guidance, legal counsel, financial planning, or therapeutic support
• ACCURACY — we do not warrant that AI Output, ARK responses, or any content generated by the Services is accurate, complete, reliable, current, or error-free
• AVAILABILITY — we do not warrant that the Services will be uninterrupted, timely, secure, or error-free
• NON-INFRINGEMENT — we do not warrant that the Services or AI Output will not infringe the rights of third parties

No advice or information obtained through the Services creates any warranty not expressly stated in these Terms.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

ARKZ, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, REVENUE, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF ARKZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL ARKZ’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO ARKZ IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

Without limiting the foregoing, ARKZ shall not be liable for:

• Any actions taken or decisions made by you or any third party based on AI Output, ARK responses, or any content generated by the Services
• Any loss or damage resulting from content sent through connected third-party platforms via two-way integration features
• Any loss or damage resulting from a third party’s interaction with your ARK through the marketplace
• Any inaccuracies, errors, or omissions in AI Output or ARK responses
• Any loss of data, including Your Content, resulting from system failures, security breaches, or other events beyond our reasonable control
• Any consequences of synthetic media generated at your direction
• Any unauthorized access to your account resulting from your failure to maintain the security of your credentials

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

13. Indemnification

You agree to indemnify, defend, and hold harmless ARKZ, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

• Your use of the Services or any activity under your account
• Your Content, including any claim that Your Content infringes or violates the rights of any third party
• Your violation of these Terms or any applicable law
• Your use of AI Output or synthetic media, including any claim arising from content generated at your direction
• Content sent through connected platforms via two-way integration features
• Your ARK’s responses to marketplace users or licensees, to the extent such responses are based on content you provided during training
• Any dispute between you and a third party arising from the marketplace or any ARK interaction

14. Dispute Resolution

14.1 Informal Resolution

Before initiating any formal dispute proceeding, you agree to first contact us at legal@arkz.ai and attempt to resolve the dispute informally for at least 30 days. Most disputes can be resolved without formal proceedings.

14.2 Binding Arbitration

YOU AND ARKZ AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES (“DISPUTE”) SHALL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION, RATHER THAN IN COURT. Arbitration shall be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. The arbitration shall be conducted in English, and judgment on the arbitration award may be entered in any court of competent jurisdiction.

You may opt out of this arbitration provision by sending written notice to legal@arkz.ai within 30 days of creating your account. If you opt out, disputes will be resolved in the courts specified in Section 14.4.

14.3 Class Action Waiver

YOU AND ARKZ AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. Unless both you and ARKZ agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding.

14.4 Governing Law and Venue

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. If arbitration is not applicable or has been opted out of, you agree to submit to the exclusive jurisdiction of the state and federal courts located in Delaware.

15. Subscriptions and Cancellation

15.1 Subscription Terms

Paid subscriptions (Plus, Pro, Enterprise) are billed on the recurring monthly or annual cycle you select. By subscribing, you authorize ARKZ to charge the displayed amount to your saved payment method at the beginning of each billing cycle until you cancel. Subscription fees are non-refundable except as required by applicable law.

15.2 Cancellation

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period. You will retain access to paid features until the end of the period you have already paid for. No partial refunds are provided for unused portions of a billing period.

15.3 Price Changes

ARKZ reserves the right to change subscription pricing with at least 30 days’ notice. Price changes take effect at the start of the next billing cycle following the notice period. If you do not agree to a price change, you may cancel your subscription before the new price takes effect.

15.4 Free Tier

Free tier access is provided at ARKZ’s discretion and may be modified, limited, or discontinued at any time without notice.

16. Termination

16.1 By You

You may terminate your account at any time by contacting support@arkz.ai. Upon termination, your access to the Services will cease, and your data will be deleted in accordance with our Privacy Policy.

16.2 By ARKZ

We may suspend or terminate your account and access to the Services at any time, with or without cause, and with or without notice. Grounds for termination include but are not limited to violation of these Terms, fraudulent or illegal activity, abuse of the platform or other users, non-payment of fees, or any conduct that we determine, in our sole discretion, threatens the security, integrity, or reputation of the Services.

16.3 Effect of Termination

Upon termination, your right to use the Services immediately ceases. Sections that by their nature should survive termination shall survive, including but not limited to: Ownership (Section 5.1), Disclaimer of Warranties (Section 11), Limitation of Liability (Section 12), Indemnification (Section 13), Dispute Resolution (Section 14), and this Section 16.3.

16.4 Data After Termination

Following account termination, we will delete your data in accordance with our Privacy Policy (generally within 30 days). We are not obligated to retain or provide any of Your Content after termination. You are responsible for exporting any data you wish to keep before terminating your account.

17. Modifications to Terms

We may modify these Terms at any time. When we make material changes, we will notify you by email and by posting notice on our website at least 30 days before the changes take effect. Your continued use of the Services after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to modified Terms, you must stop using the Services and may terminate your account.

18. General Provisions

18.1 Entire Agreement

These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and ARKZ regarding the Services and supersede all prior agreements and understandings.

18.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

18.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

18.4 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. ARKZ may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

18.5 Force Majeure

ARKZ shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to natural disasters, pandemics, acts of government, internet or telecommunications failures, power outages, or third-party service provider failures.

18.6 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights. No person or entity other than you and ARKZ has any rights under these Terms.

18.7 Notices

Notices to ARKZ should be sent to legal@arkz.ai. Notices to you will be sent to the email address associated with your account. Email notices are deemed received 24 hours after sending.

19. Contact Us

If you have questions about these Terms, please contact us:

• Email: legal@arkz.ai
• Mail: DotWin LLC, Attn: Legal, [Address to be added]
• Website: arkz.ai/terms