Terms of Use
These Terms of Use ("Terms") are an agreement between you and Arkly Solutions LLC ("Arkly Solutions", "we", "us") for your use of Arklytech: the Arklytech mobile app for Android and iOS, the Arklytech web app at app.arklytech.ai and the cloud service behind them (together, the "Service"). By creating an account or using the Service you agree to these Terms and to our Privacy Policy. If you use the Service for an organisation, you confirm that you may accept these Terms on its behalf.
1. The Service
Arklytech helps access-control professionals prepare, store and push configurations to Mercury access-control panels through the Arklytech Bluetooth handheld, and keeps a shared cloud library of sites, buildings and devices for an organisation and its team. The handheld itself is sold separately and may come with its own terms and warranty.
2. Who may use it
You must be at least 18 years old and use the Service for professional or business purposes. You may use it only on systems and equipment you own or are authorised to configure.
3. Accounts and security
- You can sign in with an email address and password, with Google or with Apple. Every sign-in also requires a code from an authenticator app; two-factor authentication cannot be turned off.
- Give accurate information and keep it up to date.
- Keep your password, authenticator and backup codes private. You are responsible for activity in your account. Tell us at contact@arklytech.ai right away if you think your account has been used without permission.
- When you sign in with Google or Apple, their terms also apply to that sign-in.
4. Organisations, managers and technicians
An organisation's manager controls its account: who is invited, which sites each technician can access and what technicians can do. Content in an organisation's library belongs to that organisation, including content added by technicians. If a technician leaves the organisation or is removed, the organisation keeps the records they created.
5. Your content
You and your organisation keep all rights to the data you enter or import, such as sites, buildings, device records, configurations and notes ("Your Content"). You give us permission to host, copy, process and transmit Your Content only as needed to run, secure and support the Service for you. You are responsible for having the right to store Your Content in the Service, including any information about other people.
6. Acceptable use
You agree not to:
- use the Service to access, configure or interfere with any system or equipment without authorisation;
- break the law, or infringe anyone's rights, through the Service;
- try to get around its security, two-factor authentication, roles or rate limits, or access another organisation's data;
- disrupt or overload the Service, or introduce malware;
- copy, modify, decompile or reverse engineer the apps, except where the law allows it despite this restriction;
- resell or provide the Service to others without our written agreement.
7. Configurations and safety
Access-control systems protect people and property. You are responsible for the configurations you create and push, for checking that a panel works as intended after a change, and for following the equipment manufacturer's instructions, site procedures and applicable codes. The Service is a configuration tool. It does not monitor your systems and is not a life-safety system.
8. Third-party products and services
The Service works with third-party equipment and services, such as access-control panels, Google and Apple sign-in, and the Google Play and Apple App Store. We are not responsible for third-party products or services, which are covered by their own terms. Third-party product names and trademarks belong to their owners and are used only to identify compatible equipment.
9. Fees
Any fees for the Service or the handheld are set out in a separate agreement or order with Arkly Solutions or its resellers. App store charges, if any, are handled by the app store.
10. Our intellectual property
The Service, the apps and the Arklytech name and logo are owned by Arkly Solutions and protected by law. We give you a limited, non-exclusive, non-transferable licence to use the apps under these Terms while your account is active. If you send us feedback or ideas, we may use them without obligation to you.
11. Availability and changes
We work to keep the Service available, and the mobile app keeps an offline copy so you can push without a connection, but we do not promise the Service will be uninterrupted or error-free. We may change, add or remove features. If we make a change that significantly reduces the Service, we will tell you in advance where reasonably possible.
12. Suspension and ending
You can stop using the Service and delete your account at any time in the app (Settings › Account › Delete account) or by emailing contact@arklytech.ai; see the account deletion page. We may suspend or close an account that breaks these Terms, puts the Service or other users at risk, or where the law requires it. Where appropriate we will give notice and a chance to export your organisation's library first. Sections 5, 7, 10 and 13 to 16 survive the end of these Terms.
13. Disclaimer
To the fullest extent the law allows, the Service is provided "as is" and "as available", without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose and non-infringement.
14. Limitation of liability
To the fullest extent the law allows, Arkly Solutions will not be liable for any indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, data or goodwill, arising from or related to the Service. Our total liability for all claims related to the Service is limited to the greater of the amount you paid us for the Service in the 12 months before the claim and one hundred US dollars (US$100). Some places do not allow these limits, so they may not fully apply to you.
15. Indemnity
You will defend and indemnify Arkly Solutions against third-party claims arising from Your Content, from your use of the Service on systems you were not authorised to configure, or from your breach of these Terms.
16. Governing law
These Terms are governed by the laws of the State of [State], USA, without regard to its conflict of laws rules, and disputes will be heard in the state or federal courts located in [State], USA. Nothing in these Terms limits consumer rights you have under the laws of the place you live.
17. Changes to these Terms
We may update these Terms. We will post the new version here with a new effective date, and for significant changes we will tell you in the app or by email before they take effect. If you keep using the Service after that, you accept the updated Terms.
18. Contact
Arkly Solutions LLC
Email: contact@arklytech.ai