Terms of Service

Last updated: December 2024

1. Acceptance of Terms

By accessing or using Arkan's property and facility management platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

2. Description of Service

Arkan provides a cloud-based property and facility management platform that includes document management, lease and portfolio management, workflow automation, reporting, and collaboration tools for construction professionals.

3. Account Registration

To use the Service, you must:

  • Create an account with accurate and complete information
  • Maintain the security of your account credentials
  • Promptly notify us of any unauthorized access
  • Be at least 18 years old or have parental consent

4. Subscription and Payment

4.1 Fees

Subscription fees are based on your selected plan and number of users. Fees are billed in advance on a monthly or annual basis as selected.

4.2 Payment Terms

  • All fees are non-refundable
  • We may change pricing with 30 days advance notice
  • Late payments may result in service suspension

5. Your Data

5.1 Ownership

You retain all rights to the data you upload to the Service ("Your Data"). You grant us a limited license to use Your Data solely to provide the Service.

5.2 Data Protection

We implement appropriate security measures to protect Your Data. See our Privacy Policy for details on how we handle your information.

5.3 Data Export

You may export Your Data at any time during your subscription. Upon termination, you have 30 days to export Your Data before it is deleted.

6. Acceptable Use

You agree not to:

  • Use the Service for any illegal purpose
  • Upload malicious code or attempt to breach security
  • Share account credentials with unauthorized users
  • Interfere with or disrupt the Service
  • Reverse engineer or attempt to extract source code
  • Use the Service to compete with Arkan

7. Intellectual Property

The Service, including its design, features, and content, is owned by Arkan and protected by intellectual property laws. You may not copy, modify, or distribute any part of the Service without our written consent.

8. Service Availability

8.1 Uptime

We strive to maintain 99.9% uptime (Professional plan) or 99.99% uptime (Enterprise plan). See your Service Level Agreement for specific commitments.

8.2 Maintenance

We may perform scheduled maintenance with advance notice. Emergency maintenance may be performed without notice when necessary.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARKAN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY.

Our total liability for any claims arising from the Service shall not exceed the amount you paid us in the 12 months preceding the claim.

10. Indemnification

You agree to indemnify and hold harmless Arkan from any claims, damages, or expenses arising from your use of the Service or violation of these Terms.

11. Termination

11.1 By You

You may cancel your subscription at any time. Access continues until the end of your current billing period.

11.2 By Arkan

We may suspend or terminate your account for violation of these Terms, non-payment, or other reasons with notice except in cases of emergency.

12. Governing Law

These Terms are governed by the laws of the Kingdom of Saudi Arabia. Any disputes shall be resolved in the courts of Riyadh, Saudi Arabia.

13. Changes to Terms

We may update these Terms from time to time. Material changes will be notified via email or in-app notification at least 30 days in advance. Continued use after changes constitutes acceptance.

14. Contact

For questions about these Terms, contact us at:

  • Email: legal@digitalcubic.ae
  • Address: Opal Tower, Business Bay, Dubai, UAE