1. Eligibility and Your Organization
1.1 Business use. The Service is intended for business use. You must be at least 18 years old and legally able to enter into this agreement. If you accept on behalf of a company or other entity, you represent that you have authority to bind it. In that case, “you” includes that entity and the users it authorizes to access the Service.
1.2 Other agreements. If you and ARK have signed a separate agreement or order form, it controls over these terms to the extent of a conflict. Additional terms presented for a particular feature apply to that feature. Our Privacy Policy describes how we handle personal information. Accepting these terms does not replace any separate consent required for a particular use of information or transaction.
2. Accounts and Access
2.1 License. Subject to these terms and your applicable subscription, ARK grants you a limited, non-exclusive, non-transferable right to use the Service for your business operations. Access to features, integrations, and usage allowances depends on your plan and configuration.
2.2 Account security. Provide accurate account information and keep it current. Each person who requires a licensed account must use their own account; do not share passwords or user licenses. Protect credentials and API keys, use available security controls, and promptly notify support@arktms.com of suspected unauthorized access.
2.3 Organization administrators. Your organization controls its workspace, user invitations, roles, integrations, and sharing settings. Its administrators may access and manage business records and remove users as permitted by the Service. You are responsible for your authorized users and for removing access when it is no longer appropriate. An invitation does not authorize access to another organization's records.
3. Acceptable Use
You must not:
- Use the Service unlawfully, fraudulently, or in violation of another person's rights.
- Access accounts, records, bank accounts, or systems without authorization.
- Upload malicious code, disrupt the Service, or bypass access controls or usage limits.
- Send unlawful, deceptive, or unsolicited communications through the Service.
- Sell, sublicense, or resell the Service without our written permission.
- Reverse engineer the Service, except where applicable law permits, remove proprietary notices, or copy protected elements to build a competing service.
Use of the Service must comply with applicable export controls, sanctions, privacy laws, and transportation requirements. You may not use it where doing so is prohibited by law.
4. Customer Data and Confidentiality
4.1 Your data. As between you and ARK, you retain ownership of the records, documents, communications, and other content you submit or connect to the Service (“Customer Data”). You grant ARK permission to host, copy, process, transmit, and display Customer Data as necessary to provide, maintain, secure, and support the Service and carry out your instructions, including through service providers and integrations you enable.
4.2 Your responsibilities. You are responsible for the accuracy, legality, and authorized use of Customer Data. Obtain the rights, notices, and consents needed to provide information about drivers, employees, carriers, customers, and other people, enable tracking, send communications, and direct sharing through the Service. Upload only information appropriate for the task.
4.3 Confidential information. Each party will use the other's nonpublic business information only to perform this agreement, protect it with reasonable care, and disclose it only to people who need it for that purpose and are subject to confidentiality obligations. This does not restrict information independently developed, lawfully obtained without restriction, or made public without a breach. Legally required disclosures are permitted; where lawful, the disclosing party will provide notice and limit the disclosure to what is required.
4.4 Sharing and retention. You control which recipients you invite or send records and tracking links to. Recipients may retain copies independently of ARK. Retention and requests concerning personal information are described in our Privacy Policy. Keep copies of records you need for your business and legal obligations.
5. Transportation, Integrations, and Automated Features
5.1 Your business decisions. ARK provides software. Providing the Service does not make ARK a party to your freight contracts or the carrier, freight broker, insurer, or guarantor of your shipments. You remain responsible for carrier selection, operating authority, insurance, dispatch, safety, rates, contracts, and regulatory compliance. Drivers must not operate the Service in a way that distracts from safe driving.
5.2 Third-party services. Integrations may exchange information with providers you authorize, including accounting, tracking, communications, financial, and carrier-information providers. Their services may require separate accounts, fees, terms, and privacy notices. You must have authority to connect those accounts and instruct that exchange. Availability and data accuracy depend in part on those providers; ARK does not guarantee uninterrupted integrations.
5.3 AI and automation. AI-assisted extraction, recommendations, generated content, and automated workflows may contain errors or incomplete information. Review outputs and configure permissions and automation rules appropriately before relying on them or authorizing consequential actions. These features do not provide legal, tax, investment, or other professional advice.
5.4 Availability. The Service may change or be unavailable for maintenance or other reasons. Beta features may change or be withdrawn. Descriptions of planned features do not commit us to deliver them or make them part of your current subscription.
6. Financial Connections and Payment Features
6.1 Authorized accounts. Where a financial connection or payment feature is available and you choose to use it, you must own the relevant account or have authority from its owner and your organization to connect it, share its information, and give the requested instructions. Use financial information only for authorized business purposes and subject to the applicable provider terms.
6.2 Separate payment authorization. Connecting or verifying a bank account does not by itself authorize a debit. Payment features require the applicable payment instructions, authorizations, and provider terms. Those authorizations govern their scope, recurring payments if offered, and revocation. You are responsible for verifying recipients, bank details, amounts, and your authority before submitting instructions.
6.3 Processing and disputes. Payments may be delayed, rejected, returned, or subject to verification and network or bank restrictions. Any applicable fees and timing are governed by the terms presented for that feature or your agreement. A submitted payment may not be cancellable. Promptly report suspected errors or unauthorized activity to ARK and the relevant provider or financial institution. These terms do not waive rights that applicable payment law does not permit you to waive.
7. Subscription Fees and Cancellation
7.1 Charges. Your order form, checkout, or applicable plan specifies subscription fees, billing periods, licensed users, and usage charges. You agree to pay those charges and applicable taxes, excluding taxes on ARK's income. Keep billing information current. Where you authorize recurring billing, your subscription renews for the period disclosed when you subscribe until cancelled according to your agreement.
7.2 Changes and billing questions. Changes to seats, usage, or plans may change your charges as described in the applicable billing flow or agreement. We will give advance notice of changes to recurring subscription prices before they apply to a renewal. Contact support@arktms.com promptly about billing errors so we can investigate.
7.3 Cancellation. Cancel through available billing controls or by contacting support@arktms.com. Unless your agreement states otherwise, cancellation takes effect at the end of the current paid billing period. Fees for that period and charges already incurred remain due. Partial periods and unused Service are not refundable except as required by law or expressly agreed by ARK. Cancelling a subscription does not itself cancel a separately authorized payment or delete records held by other parties.
8. Communications and Electronic Documents
8.1 Service notices. We may send account, billing, security, and service notices through the Service or the contact details associated with your account. Keep those details current. Electronic signature transactions are also subject to the E-sign Terms and Conditions presented for those transactions.
8.2 SMS consent. Operational text messages, including login codes, app setup, support, and load updates, require the applicable opt-in. Consent may be recorded through the documented dispatcher workflow or another opt-in flow presented to you. Agreeing to these terms alone does not enroll you in SMS. Message frequency varies with account and load activity; message and data rates may apply. SMS consent is not a condition of purchase.
8.3 SMS choices. Reply STOP to opt out or HELP for assistance. You may also reply STOPALL, UNSUBSCRIBE, CANCEL, END, or QUIT to opt out. A confirmation message may follow. Opting out may affect delivery of login codes and operational updates; contact support about other access options. See our SMS Consent page and Privacy Policy for consent practices and information handling.
9. Intellectual Property
ARK and its licensors retain rights to the Service, software, branding, and related intellectual property. No rights are granted except those expressly stated here. You may voluntarily provide suggestions or feedback, which ARK may use without payment or restriction. This does not transfer ownership of your Customer Data.
10. Suspension and Termination
We may suspend or terminate access for a material breach, nonpayment, unlawful use, security risk, or where required by law. Where reasonably practicable, we will give notice and an opportunity to resolve the issue before acting; urgent risks may require immediate action. If we discontinue your paid Service for convenience rather than your breach, we will refund prepaid fees for the unused portion of the discontinued period.
When access ends, your license ends and outstanding obligations remain due. Request any needed export before your access ends, or contact support about available options. We do not guarantee indefinite storage or continued access after termination. Data is handled under the Privacy Policy and any applicable agreement. Provisions that by their nature should survive, including accrued payment obligations, confidentiality, intellectual property, liability limits, and dispute terms, survive termination.
11. Disclaimers and Liability
11.1 Disclaimer. Except as expressly provided in a separate agreement and to the extent permitted by law, the Service is provided “as is” and “as available.” ARK disclaims implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service or third-party information will be error-free, uninterrupted, or suitable for every business requirement.
11.2 Excluded damages. To the extent permitted by law, neither party is liable under these terms for indirect, incidental, special, consequential, or punitive damages, or lost profits, revenues, or business opportunities arising from the Service, even if advised of their possibility.
11.3 Liability limit. To the extent permitted by law, each party's total liability arising out of these terms or the Service will not exceed the fees you paid or owed to ARK for the Service during the 12 months preceding the event giving rise to the claim. For a free Service, the limit is $100. These exclusions and limits do not limit your obligation to pay fees, either party's fraud or willful misconduct, or liability that cannot lawfully be limited.
12. Disputes and General Terms
Florida law governs these terms, without regard to conflict-of-law rules, except where applicable law requires otherwise. Subject to mandatory jurisdiction rules, disputes concerning these terms will be brought in state or federal courts in Florida, and each party consents to their jurisdiction. Contact support@arktms.com first so we can try to resolve a concern informally; doing so is not a condition of exercising your legal rights.
These terms and applicable separate agreements form the agreement for the Service. An unenforceable provision will be limited to the extent necessary, and the remainder will remain effective. A failure to enforce a provision is not a waiver. Neither party may assign this agreement without the other's consent, except to a successor in a merger, reorganization, or sale of substantially all relevant assets, subject to applicable law.
13. Changes and Contact
We may update these terms and will identify the revised date on this page. For material changes affecting existing customers, we will provide reasonable advance notice through the Service or by email and identify when the changes take effect, unless a legal or security need requires a shorter period. Changes apply prospectively. Where required, we will obtain additional agreement or consent. If you do not agree, stop using the affected Service and cancel under Section 7 before the changes take effect.
Questions or notices about these terms may be sent to ARK TMS LLC at support@arktms.com.