These terms and conditions govern your use of our Transportation Management Software (TMS) and related services provided through our website and web application (collectively referred to as the “Service”). By accessing or using our Service, you agree to be bound by these terms and conditions. If you do not agree with any part of these terms, you may not use our Service.
1. Use of Service
1.1 License: ARK TMS LLC grants you a limited, non-exclusive, non-transferable license to use the Service for managing transportation logistics in accordance with these terms.
1.2 Access: Access to certain features of the Service may require registration and creation of an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.
1.3 Restrictions: You agree not to (a) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Service; (b) modify or make derivative works based upon the Service; (c) reverse engineer or access the Service in order to build a competitive product or service; (d) remove any copyright or other proprietary notations from the Service; or (e) use the Service for any unlawful purpose or in violation of these terms.
1.4 Per-Person Licensing: The Service is licensed on a per-person basis. Each person accessing the Service must have a separate account and license. You may not share your account or credentials with others or allow others to access the Service using your account.
2. Data and Privacy
2.1 Data Security: ARK TMS LLC employs industry standard security measures to protect your data. However, you acknowledge that no method of transmission over the internet or electronic storage is completely secure and ARK TMS LLC cannot guarantee absolute security.
2.2 Privacy: Your use of the Service is also governed by our Privacy Policy, which is incorporated by reference into these terms. By using the Service, you consent to our collection and use of personal information as outlined in the Privacy Policy.
2.3 SMS and Text Messaging Consent: ARK TMS LLC may send text messages (SMS) to users who have provided express written consent. By replying 'YES' to an SMS consent request, you provide express written consent under the Telephone Consumer Protection Act (TCPA) to receive automated and non-automated text messages from ARK TMS LLC at the phone number you provided. Message and data rates may apply. You may receive up to 5 messages per month. You can opt out at any time by replying STOP to any message. Your consent to receive text messages is not a condition of purchase or use of any ARK TMS services. For complete information about our SMS practices, please review our Privacy Policy and our SMS Consent page at /sms-consent.
2.4 SMS Opt-Out: You may opt out of receiving text messages at any time by replying STOP, STOPALL, UNSUBSCRIBE, CANCEL, END, or QUIT to any message. After opting out, you will receive one final confirmation message. Opting out of SMS messages will not affect your ability to use other features of the Service, though you may need to use alternative authentication methods if you opt out of OTP/2FA messages.
2.5 SMS Compliance: ARK TMS LLC complies with the Telephone Consumer Protection Act (TCPA) and CTIA Messaging Principles and Best Practices. We implement two-step consent, honor opt-out requests immediately, and maintain comprehensive consent and opt-out records. By using the Service and opting into SMS communications, you acknowledge that you have read and agree to our SMS practices as described in our Privacy Policy and SMS Consent page.
3. Payments and Fees
3.1 Subscription Fees: Use of certain features of the Service may be subject to payment. Subscription fees are calculated based on the number of users. Each user accessing the Service must be accounted for in the subscription fee. Sharing of accounts is not permitted, and any such action may result in immediate suspension or termination of your account, as well as liability for any additional fees due to unauthorized usage. Details regarding subscription fees are provided on our website and are subject to change at ARK TMS LLC’s discretion.
3.2 Payment Terms: You agree to pay all fees and charges incurred in connection with your account on a timely basis and according to the billing terms in effect at the time the fee or charge becomes payable.
4. Intellectual Property
4.1 Ownership: ARK TMS LLC retains all rights, title, and interest in and to the Service, including all intellectual property rights.
4.2 Feedback: You may choose to provide feedback, suggestions, or comments regarding the Service (“Feedback”). You agree that ARK TMS LLC may use such Feedback for any purpose without compensation to you.
5. Limitation of Liability
5.1 Disclaimer: To the extent permitted by applicable law, ARK TMS LLC provides the Service on an “as is” and “as available” basis. We make no warranties, express or implied, regarding the Service and disclaim any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
5.2 Limitation of Liability: In no event shall ARK TMS LLC be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, arising out of your access to or use of the Service.
6. Cancellation
6.1 Cancellation by You: You may cancel your subscription at any time by providing notice to ARK TMS LLC via the designated cancellation process on our website's billing section or by contacting support@arktms.com. Cancellation will take effect at the end of the current billing period, and no refunds or credits will be provided for any partial month or for unused Service.
6.2 Outstanding Fees: You are responsible for any fees incurred prior to cancellation. Any unpaid fees may result in immediate suspension or termination of access to the Service.
7. Termination
7.1 Termination by ARK TMS LLC: ARK TMS LLC may terminate your access to the Service at any time, with or without cause, and with or without notice. Reasons for termination may include, but are not limited to, breach of these terms, non-payment, or actions that could harm the integrity of the Service.
7.2 Effects of Termination: Upon termination, your access to the Service will cease immediately, and any data associated with your account may be deleted. ARK TMS LLC will not be liable for any losses or damages resulting from the termination of your account.
8. Governing Law
8.1 Jurisdiction: These terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions.
9. Changes to Terms
9.1 Modification: ARK TMS LLC reserves the right to modify these terms and conditions at any time. Changes will be effective immediately upon posting on our website. Your continued use of the Service following such modifications constitutes your acceptance of the revised terms.
10. Contact Us
10.1 Questions: If you have any questions about these terms and conditions, please contact us at support@arktms.com