Terms of Service
Last Updated: April 9, 2026 · Effective: April 9, 2026
Section 1
Agreement to Terms
Welcome to ArkenSec. These Terms of Service (“Terms”) are a legally binding agreement between you (“you,” “your,” or “Customer”) and ArkenSec LLC, a Florida limited liability company (“ArkenSec,” “we,” “us,” or “our”). These Terms govern your access to and use of the ArkenSec platform, website, APIs, and all related services (collectively, the “Service”).
By creating an account, clicking “I Agree,” initiating a scan, or otherwise accessing or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and “you” refers to both you individually and that organization.
If you do not agree to these Terms, do not use the Service.
These Terms include our Acceptable Use Policy (Section 12) and our Privacy Policy, each of which is incorporated by reference.
Section 2
Definitions
Throughout these Terms, the following defined terms apply:
- “Account” means your registered ArkenSec account, whether created via Google OAuth or email and password.
- “AI-Generated Content” means any output produced by artificial intelligence or machine learning features of the Service, including but not limited to vulnerability descriptions, remediation recommendations, risk assessments, compliance mapping, and chatbot responses.
- “Compliance Mapping” means the Service’s feature that maps identified findings to compliance frameworks such as SOC 2, HIPAA, PCI DSS, ISO 27001, NIST CSF 2.0, OWASP Top 10, OWASP API Top 10, and OWASP LLM Top 10.
- “Scan” means any vulnerability scan, penetration test, security assessment, or other automated testing activity initiated through the Service against a Target System.
- “Scan Results” means all data, reports, findings, vulnerability descriptions, remediation guidance, and other outputs generated by the Service in connection with a Scan, including any AI-Generated Content.
- “Subscription Plan” means the specific tier of Service you have selected (Free, Pro, or Sentinel), together with the associated features, limitations, and pricing.
- “Target System” means any domain, subdomain, IP address, web application, API, network, or other digital asset that you designate for Scanning through the Service.
Section 3
Eligibility
To use the Service, you must be at least 18 years old and have the legal capacity to enter into a binding agreement. If you are using the Service on behalf of an organization, you must have the legal authority to bind that organization.
You may not use the Service if you are located in, or a national or resident of, any country subject to U.S. sanctions or export restrictions, or if you are on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Commerce Department’s Denied Persons List. You are responsible for ensuring your use of the Service complies with all applicable laws in your jurisdiction.
Section 4
Account Registration & Security
4.1 Account Creation. To access features beyond the free external scan, you must register for an Account. You may register using Google OAuth or email and password. You agree to provide accurate, current, and complete information during registration and to update this information as needed.
4.2 Account Security. You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. You must notify us immediately at [email protected] if you suspect any unauthorized use of your Account.
4.3 One Account Per Person. Each Account is for a single individual. You may not share your Account credentials with others. If you need multiple users, contact us about organizational access options.
4.4 Account Accuracy. Providing false information about your identity, contact details, or domain ownership may result in immediate termination of your Account. This is particularly important given the security-sensitive nature of the Service — we rely on your representations to operate lawfully.
Section 5
Service Description & Plans
5.1 Overview. ArkenSec provides AI-powered automated penetration testing and vulnerability scanning as a cloud-based service. The Service discovers and tests security vulnerabilities in Target Systems you designate and provides Scan Results including findings, risk ratings, remediation guidance, and Compliance Mapping.
5.2 Free Tier. The free tier provides a 17-check external scan. No Account registration is required for the initial scan. The free tier is subject to the same Terms, but ArkenSec may modify, limit, or discontinue the free tier at any time without notice. The free tier is provided “as is” with no service level commitments.
5.3 Pro Tier. The Pro tier provides full 18-phase automated penetration testing, Compliance Mapping to eight frameworks, and access to the AI remediation chatbot. The Pro tier requires an Account and an active paid subscription.
5.4 Sentinel Tier. The Sentinel tier includes manual penetration testing by human security professionals plus full Pro tier access. The Sentinel tier is invite-only with custom pricing and may be subject to additional terms provided at the time of engagement.
5.5 Additional Domains. Additional domains beyond those included in your Subscription Plan are available at graduated pricing as described on our pricing page. Each additional domain must pass domain ownership verification before Scanning.
5.6 Service Modifications. We may modify the features, functionality, or scope of any Subscription Plan at any time. For changes that materially reduce the functionality of a paid plan, we will provide at least 30 days’ notice and you may cancel your subscription before the changes take effect.
Section 7
Subscription, Billing & Payment
7.1 Pricing. Current pricing for each Subscription Plan is listed on our pricing page. Founders rate pricing is available for early subscribers and remains in effect for as long as that subscriber maintains an active, uninterrupted subscription.
7.2 Payment Processing. Payments are processed through Stripe. By subscribing to a paid plan, you authorize us to charge the payment method you provide through Stripe on a recurring monthly basis. You are responsible for keeping your payment information current.
7.3 Billing Cycle. Paid subscriptions are billed monthly in advance. Your billing cycle begins on the date you first subscribe and recurs on the same date each month.
7.4 Taxes. All prices are exclusive of applicable taxes. You are responsible for all sales tax, use tax, VAT, GST, or other taxes imposed by any jurisdiction in connection with your use of the Service, except for taxes based on ArkenSec’s net income.
7.5 Failed Payments. If a payment fails, we will attempt to process it again and may notify you. If payment remains unsuccessful after reasonable attempts, we may suspend or downgrade your Account until payment is received.
7.6 Price Changes. We may change our pricing at any time. Price changes for existing subscribers will take effect at the start of your next billing cycle following at least 30 days’ written notice. If you do not agree to a price increase, you may cancel your subscription before the new price takes effect.
7.7 Refunds and Cancellation. All fees are non-refundable except as required by applicable law. You may cancel your subscription at any time through your Account settings. Upon cancellation, your access to paid features continues through the end of your current billing period, after which your Account will be downgraded to the free tier. We do not provide prorated refunds for partial billing periods.
7.8 Founders Rate. Founders rate pricing is a promotional rate offered to early subscribers. The founders rate remains in effect for the duration of your continuous subscription. If you cancel and later resubscribe, the founders rate will not be reinstated and standard pricing will apply.
Section 8
Risks of Security Testing — What You Need to Know
8.1 Inherent Risks. You acknowledge that active security testing — including vulnerability scanning and penetration testing — inherently carries risks. These risks include but are not limited to:
- Temporary service degradation, slowdowns, or increased latency on Target Systems
- Temporary increases in network bandwidth usage and system processing load
- Triggering of security alerts, intrusion detection systems, web application firewalls, or automated defenses
- In rare cases, service interruption or system instability on Target Systems, particularly on systems with limited resources or fragile configurations
8.2 Your Risk Acceptance. By initiating any Scan, you accept these risks and acknowledge that ArkenSec is not responsible for any disruption, degradation, downtime, data loss, or other adverse effects on your Target Systems or any connected systems resulting from the Scan. While ArkenSec designs its Scans to minimize impact, no active security testing can be guaranteed to have zero effect on the target.
8.3 Backup Responsibility. We strongly recommend that you maintain adequate backups of all data and systems on your Target Systems before initiating any Scan. You are solely responsible for ensuring that adequate backups and recovery procedures are in place.
8.4 Incident Management. You are responsible for managing any incident response triggered by the Scan, including responding to alerts from monitoring systems, communicating with security vendors, and addressing any inquiries from law enforcement that may result from detected testing activity.
Section 9
Intellectual Property
9.1 ArkenSec’s IP. The Service, including all software, algorithms, scanning methodologies, user interfaces, designs, documentation, and all related intellectual property, is and remains the exclusive property of ArkenSec and its licensors. These Terms grant you no ownership rights in the Service. “ArkenSec” and our logos are trademarks of ArkenSec LLC. You may not use our trademarks without prior written permission.
9.2 License to Use the Service. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes during your subscription period. This license does not include the right to sublicense, resell, or redistribute access to the Service.
9.3 Your Data. You retain all ownership rights in the data you submit to the Service, including information about your Target Systems and any data you provide to the AI remediation chatbot. We claim no ownership of your data.
9.4 Scan Results. You own your Scan Results. We grant you an unrestricted right to use, copy, distribute, and build upon your Scan Results for your internal and external purposes. However, the underlying scanning methodology, scoring algorithms, and presentation format remain ArkenSec’s intellectual property.
9.5 Aggregated Data. We may use aggregated, anonymized, and de-identified data derived from your use of the Service to improve the Service, generate benchmarks, and develop new features. This data will not identify you or your Target Systems.
9.6 Feedback. If you provide us with feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free license to use that feedback for any purpose without obligation to you.
Section 10
Disclaimers — Scan Results, AI Content & Compliance
This section contains critical disclaimers about the nature and limitations of the Service.
10.1 Scan Results Are Informational Only. All Scan Results, including vulnerability findings, risk ratings, and severity assessments, are provided for informational purposes only. Scan Results represent the findings of automated testing at a point in time and under specific testing conditions. They do not constitute a guarantee that your Target Systems are secure or that all vulnerabilities have been identified.
10.2 No Guarantee of Finding All Vulnerabilities. You acknowledge that no automated scanner or penetration testing tool can guarantee detection of all vulnerabilities. Security threats evolve continuously, and new vulnerabilities may exist that are not yet known or detectable. The absence of findings in a Scan Result does not mean your Target System is free of vulnerabilities.
10.3 False Positives and False Negatives. Automated security testing inherently produces false positives (reported vulnerabilities that do not actually exist) and false negatives (actual vulnerabilities that are not detected). You are responsible for validating and verifying all findings before taking action. ArkenSec is not liable for any consequences arising from false positive or false negative results.
10.4 AI-Generated Content Disclaimer. Certain features of the Service, including the AI remediation chatbot, use artificial intelligence powered by third-party large language models to generate content. Regarding AI-Generated Content:
- (a) AI-Generated Content is provided as a starting point, not a definitive solution. It may contain errors, omissions, outdated information, or recommendations that are unsuitable for your specific environment.
- (b) AI-Generated Content does not constitute professional security consulting, legal advice, or compliance guidance. You should independently verify all AI-generated remediation recommendations and consult qualified security professionals before implementing changes on critical systems.
- (c) You are solely responsible for reviewing, validating, and testing any AI-Generated Content before relying on it or implementing it.
- (d) To the fullest extent permitted by law, we disclaim all liability arising from your reliance on AI-Generated Content.
10.5 Compliance Mapping Is Not Certification. The Service maps identified findings to compliance frameworks including SOC 2, HIPAA, PCI DSS, ISO 27001, NIST CSF 2.0, OWASP Top 10, OWASP API Top 10, and OWASP LLM Top 10. Compliance Mapping provided by the Service does NOT constitute:
- A SOC 2 Type I or Type II attestation or audit report
- HIPAA compliance certification or assessment by a qualified assessor
- PCI DSS compliance certification or Qualified Security Assessor (QSA) report
- ISO 27001 certification by an accredited certification body
- NIST CSF assessment by a qualified assessor
- Any formal audit, attestation, or certification by any accredited body
- Legal confirmation of compliance with any regulatory requirement
Only accredited auditors, qualified assessors, or authorized certification bodies can provide formal compliance attestation or certification. Our Compliance Mapping indicates your potential readiness posture based on automated testing and identifies potential gaps and areas of alignment. It does not guarantee that you will pass an audit or achieve certification.
Section 11
Disclaimer of Warranties
THE SERVICE, INCLUDING ALL SCAN RESULTS, AI-GENERATED CONTENT, COMPLIANCE MAPPING, AND ALL OTHER OUTPUTS, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ARKENSEC DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, COMPLETENESS, AND TIMELINESS.
Without limiting the foregoing, ArkenSec does not warrant that:
- (a) The Service will meet your specific requirements or expectations;
- (b) The Service will be uninterrupted, timely, secure, or error-free;
- (c) Scan Results will be accurate, complete, or reliable;
- (d) The Service will detect all vulnerabilities or security weaknesses in your Target Systems;
- (e) Any remediation advice, whether AI-generated or otherwise, will be effective or appropriate for your environment;
- (f) Any defects or errors in the Service will be corrected.
Any oral or written information or advice provided by ArkenSec or its representatives does not create any warranty not expressly stated in these Terms.
Section 12
Acceptable Use Policy
12.1 Permitted Uses. You may use the Service only for lawful security testing purposes, including scanning and testing Target Systems that you own or for which you have explicit authorization, conducting vulnerability assessments as part of your organization’s security program, and generating reports for security improvement purposes.
12.2 Prohibited Uses. You may not use the Service to:
- (a) Unauthorized Testing. Scan, test, or assess any system, network, domain, or application without proper authorization as described in Section 6. This includes scanning competitors’ systems, scanning systems out of curiosity, or any scanning where you lack documented authorization.
- (b) Malicious Activities. Use Scan Results to exploit vulnerabilities for unauthorized access, personal gain, extortion, blackmail, or any unlawful purpose. Launch denial-of-service attacks. Distribute malware. Use the Service as a tool for cyberattacks.
- (c) Illegal Purposes. Violate any applicable law or regulation, including the Computer Fraud and Abuse Act, equivalent international computer misuse laws, privacy laws, or export control laws.
- (d) Platform Abuse. Attempt to reverse engineer, decompile, or disassemble the Service. Circumvent rate limits, usage restrictions, or access controls. Resell or redistribute access without our prior written consent. Use the Service to build a competing product. Attempt to access other users’ data. Interfere with the Service’s infrastructure or other users’ experience.
- (e) Harmful Disclosure. Publicly disclose Scan Results that include exploitable vulnerability details about third-party systems without the written consent of the system owner and without following responsible disclosure practices.
12.3 Enforcement. We reserve the right to suspend or terminate your Account immediately and without prior notice if we reasonably believe you have violated this Acceptable Use Policy. We may also report suspected illegal activity to law enforcement authorities.
12.4 Reporting Abuse. If you believe someone is using ArkenSec to scan your systems without your authorization, contact us immediately at [email protected].
Section 13
Limitation of Liability
13.1 Exclusion of Consequential Damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ARKENSEC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF ARKENSEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13.2 Liability Cap. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ARKENSEC’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNTS PAID BY YOU TO ARKENSEC IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).
13.3 Free Tier Liability. For any use of the free tier, ArkenSec’s total aggregate liability shall not exceed one hundred dollars ($100).
13.4 Application. The limitations in this Section apply to all claims, whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory, and whether or not ArkenSec has been advised of the possibility of such damages.
13.5 Basis of the Bargain. You acknowledge that the limitations of liability in this Section are a fundamental element of the basis of the bargain between you and ArkenSec, and that ArkenSec would not provide the Service without these limitations.
13.6 Jurisdictional Exceptions. Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, ArkenSec’s liability is limited to the maximum extent permitted by applicable law.
Section 14
Indemnification
14.1 Your Indemnification Obligation. You agree to defend, indemnify, and hold harmless ArkenSec, its affiliates, and their respective officers, directors, employees, contractors, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
- (a) Unauthorized Scanning. Any Scan you initiate against a Target System that you do not own or for which you lack proper authorization;
- (b) Failure to Obtain Permissions. Your failure to obtain necessary permissions from hosting providers, cloud service providers, or other third parties as required by Section 6;
- (c) Violation of Law. Your use of the Service in violation of any applicable law or regulation;
- (d) Breach of Terms. Your breach of any representation, warranty, or obligation in these Terms;
- (e) Your Data. Any claim that data you submit to the Service infringes or violates any third party’s rights;
- (f) Incident Response. Any costs, damages, or claims arising from incident response, security alerts, or law enforcement inquiries triggered by Scans you initiated.
14.2 Indemnification Process. ArkenSec will promptly notify you of any claim for which indemnification is sought. You will have the right to control the defense of any such claim, provided that ArkenSec may participate with its own counsel at its own expense, and you may not settle any claim that imposes obligations on ArkenSec without our prior written consent.
Section 15
Termination & Suspension
15.1 Termination by You. You may cancel your subscription and close your Account at any time through your Account settings or by contacting [email protected]. Cancellation takes effect at the end of your current billing period.
15.2 Termination by ArkenSec. We may suspend or terminate your Account and access to the Service 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, violation of the Acceptable Use Policy, non-payment, fraudulent activity, or if we reasonably believe your use of the Service poses a legal risk to ArkenSec or third parties.
15.3 Immediate Suspension. We may immediately suspend your access to the Service and halt all active Scans if we reasonably believe that your continued use poses an imminent risk of harm to any system, violates law, or violates these Terms.
15.4 Effect of Termination. Upon termination:
- (a) Your license to use the Service immediately terminates.
- (b) You must immediately cease all use of the Service.
- (c) We will make your Scan Results available for export for 30 days following termination. After this period, we may delete your Scan Results.
- (d) All fees owed through the date of termination remain due and payable.
- (e) Sections that by their nature should survive termination will survive, including Sections 6, 9, 10, 11, 13, 14, 18, and 20.
Section 16
Privacy & Data Protection
16.1 Privacy Policy. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
16.2 Data Storage. Your Account data and Scan Results are stored on servers located in Falkenstein, Germany, operated by Hetzner Online GmbH. This data storage location within the European Union provides data residency protections under the EU General Data Protection Regulation (GDPR).
16.3 Sub-Processors. In providing the Service, we use the following categories of third-party service providers that may process your data:
- AI Analysis: Anthropic (Claude API) — processes Scan data to generate AI-powered vulnerability analysis and remediation guidance. Data is processed in the United States.
- Payment Processing: Stripe — processes payment information. Based in Ireland (EU) and the United States.
- Email Delivery: Resend / Amazon SES — delivers transactional and notification emails.
- Error Monitoring: Sentry — monitors application errors for service reliability.
- Authentication: Google — processes authentication data for Google OAuth login.
- Infrastructure Security: Cloudflare — provides DDoS protection and secure connectivity.
16.4 Data Minimization. We follow data minimization principles. We collect and process only the data necessary to provide the Service. We do not sell your personal data.
16.5 Data Security. We implement appropriate technical and organizational measures to protect your data, including encryption in transit (TLS) and at rest, access controls, and regular security monitoring.
Section 17
International Users & GDPR
17.1 International Access. The Service is operated from the United States and hosted in Germany. If you access the Service from outside the United States, you do so at your own initiative and are responsible for compliance with local laws.
17.2 GDPR Applicability. If you are located in the European Economic Area (EEA), the United Kingdom, or Switzerland, or if your use of the Service involves the personal data of individuals in these regions, the GDPR (and equivalent UK and Swiss data protection laws) apply to our processing of that data.
17.3 Data Processing. For customers whose use of the Service involves the processing of personal data subject to GDPR, we process data in accordance with Article 28 of the GDPR. Contact [email protected] for our Data Processing Agreement.
17.4 Data Residency. Primary data storage is in Falkenstein, Germany (EU). However, certain data is transferred to the United States for processing by our sub-processors (see Section 16.3). These transfers are made pursuant to the EU-U.S. Data Privacy Framework and/or EU Standard Contractual Clauses, as applicable.
17.5 Your Rights Under GDPR. If GDPR applies to you, you have the right to access, rectify, erase, restrict processing of, and port your personal data, as well as the right to object to certain processing and the right not to be subject to solely automated decision-making. To exercise these rights, contact [email protected]. We will respond within 30 days.
17.6 Mandatory Consumer Protections. Nothing in these Terms is intended to limit any mandatory consumer protection rights that apply to you under the laws of your country of residence. If any provision of these Terms conflicts with mandatory consumer protection laws, the mandatory protections prevail to the extent of the conflict.
Section 18
Dispute Resolution
This section affects your legal rights, including your right to file a lawsuit in court and to have a jury trial.
18.1 Informal Resolution First. Before filing any formal claim, you agree to contact us at [email protected] and attempt to resolve the dispute informally for at least 30 days.
18.2 Binding Arbitration. If we cannot resolve a dispute informally, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. The arbitration will be conducted by a single neutral arbitrator in Hillsborough County, Florida, unless the parties agree otherwise. The arbitrator’s decision will be final and binding.
18.3 Class Action Waiver. YOU AND ARKENSEC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
18.4 Small Claims Exception. Either party may bring an individual action in small claims court for disputes within that court’s jurisdictional limits.
18.5 Injunctive Relief Exception. Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights or confidential information.
18.6 Opt-Out Right. You may opt out of this arbitration and class action waiver provision by sending written notice to ArkenSec LLC, Miami, Florida, within 30 days of first accepting these Terms. If you opt out, you may pursue claims in court, but the class action waiver shall remain in effect to the fullest extent permitted by law.
18.7 Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles.
18.8 Exclusive Venue. For any claims not subject to arbitration, you and ArkenSec consent to the exclusive jurisdiction of the state and federal courts located in Hillsborough County, Florida.
Section 19
Changes to These Terms
19.1 Right to Modify. We may modify these Terms at any time. The “Last Updated” date at the top of this document indicates when the most recent changes were made.
19.2 Notice of Material Changes. For material changes, we will provide at least 30 days’ notice via email to the address associated with your Account or by posting a prominent notice on the Service.
19.3 Acceptance of Changes. Your continued use of the Service after the effective date of any modification constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue use of the Service before the changes take effect.
19.4 Non-Retroactive. Changes to these Terms are not retroactive and will not apply to disputes or events that arose before the effective date of the changes.
Section 20
General Provisions
20.1 Entire Agreement. These Terms, together with the Privacy Policy and Acceptable Use Policy (Section 12), constitute the entire agreement between you and ArkenSec regarding the Service and supersede all prior agreements and communications.
20.2 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.
20.3 No Waiver. ArkenSec’s failure to enforce any provision of these Terms does not constitute a waiver of that provision. No waiver is effective unless in writing and signed by ArkenSec.
20.4 Assignment. You may not assign these Terms without ArkenSec’s prior written consent. ArkenSec may assign these Terms in connection with a merger, acquisition, or sale of substantially all of its assets.
20.5 Force Majeure. ArkenSec shall not be liable for any failure or delay in performing its obligations due to circumstances beyond its reasonable control, including natural disasters, acts of government, internet outages, cyberattacks, or third-party service provider failures.
20.6 Notices. Notices to you may be sent to the email address associated with your Account. Notices to ArkenSec must be sent to [email protected] or by mail to ArkenSec LLC, Miami, Florida.
20.7 Relationship of the Parties. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.
20.8 Third-Party Beneficiaries. These Terms do not create any third-party beneficiary rights.
20.9 Export Compliance. You may not use or export the Service in violation of U.S. export laws and regulations.
20.10 Electronic Communications. By using the Service, you consent to receiving electronic communications from us. These communications satisfy any legal requirement that communications be in writing.
Contact Us
If you have questions about these Terms, contact us at:
ArkenSec LLC
Email: [email protected]
Miami, Florida