Terms & Conditions

This document sets forth the Terms and Conditions governing the use of services provided by Ark Platforms, Inc. We recommend reading it carefully, as by contracting or using our services, you expressly accept all the provisions contained herein.

1. Purpose of the Terms and Conditions

This document governs the terms and conditions under which users access and use the services offered by Ark Platforms, Inc. Through this agreement, rights, obligations, and limitations are established for both parties, providing a contractual framework that protects both the company and clients against potential conflicts arising from the provision of services.

2. Definitions

For interpretive purposes, 'Client' refers to the natural or legal person contracting services from Ark Platforms, Inc; 'Services' refers to any development, advisory, support, or maintenance provided by the company; 'Contract' refers to this document with its annexes; and 'Parties' refers to both Ark Platforms, Inc and the Client.

3. Acceptance of the Terms

The use of the services constitutes express and unconditional acceptance of these Terms and Conditions. Acceptance may be manifested through digital signature, physical signature, or continued use of the services.

4. Modification of the Terms

Ark Platforms, Inc may modify these Terms and Conditions at any time to adapt them to legislative, technological, or market changes. The modifications will be published on this page with the date of last update, and continued use of the services will imply acceptance.

5. Description of the Services

The company offers technology consulting, software development, mobile applications, interface design, technical support, system maintenance, and business incorporation services.

6. Capacity to Contract

Only persons of legal age with full legal capacity may contract the services. In the case of legal persons, contracting must be carried out through duly authorized legal representatives.

7. Obligations of the Client

The Client commits to use the services diligently, lawfully, and in accordance with the established conditions. The Client also agrees to provide truthful information, maintain confidentiality of access credentials, and refrain from activities that may harm the technological infrastructure of the company or third parties.

8. Obligations of the Company

Ark Platforms, Inc commits to delivering the contracted services with the highest professional diligence, respecting deadlines, quality standards, and agreed requirements.

9. Contracting and Payment

The contracting of services is perfected by acceptance of a financial proposal, budget, or pricing plan previously issued by the company. The Client must pay the agreed amounts within the established deadlines.

10. Pricing and Invoicing

Service prices will be indicated in the proposal accepted by the Client and may include applicable taxes according to jurisdiction. The company will issue the corresponding invoice in digital or physical format.

11. Warranties

Ark Platforms, Inc warrants that its services will be provided according to industry technology standards. However, it does not guarantee that the services will be error-free or uninterrupted.

12. Limitation of Liability

The company's liability shall be limited to the amount actually paid by the Client for the specific service that caused harm. In no event shall the company be liable for indirect losses, lost profits, or consequential damages.

13. Intellectual Property

All developments, designs, software, documentation, or material created by Ark Platforms, Inc shall remain the property of the company, unless explicitly agreed otherwise. The Client shall have only a limited, non-exclusive, and non-transferable license to use the deliverables for the purpose specified in the contract.

14. Ownership of Data

Data provided by the Client shall remain their property. Ark Platforms, Inc will use it only to the extent necessary to provide the service, always complying with data protection laws.

15. Personal Data Protection

The company complies with international data protection regulations, including the EU General Data Protection Regulation (GDPR). Personal data will be processed lawfully, fairly, and transparently.

16. Confidentiality

Both parties undertake to maintain confidentiality of all technical, commercial, or strategic information accessed during the term of the contract.

17. Technical Support

Ark Platforms, Inc will provide technical support at the times and in the manner previously agreed with the Client.

18. Service Availability

The company will make reasonable efforts to ensure continuous availability of its services, except for interruptions due to maintenance, updates, or force majeure.

19. Delivery Times

Delivery times for projects or services will be established in the specific contract signed with the Client and may be affected by external causes.

20. Early Termination

Either party may terminate the contract early with written notice at least thirty (30) days in advance.

21. Right of Withdrawal

Clients acting as consumers may exercise the right of withdrawal under applicable law, provided the service has not commenced or the digital product has not been delivered.

22. Assignment of the Contract

The Client may not assign or transfer rights and obligations arising from this contract without prior written consent from Ark Platforms, Inc.

23. Subcontracting

Ark Platforms, Inc may rely on external collaborators or associated companies to execute parts of the services, while retaining primary responsibility to the Client.

24. Hardware and Equipment Ownership

Servers, licenses, and tools used to deliver services shall remain the property of Ark Platforms, Inc, unless expressly agreed otherwise.

25. Use of Trademarks and Logos

The use of trademarks, logos, trade names, or other distinctive signs of Ark Platforms, Inc is prohibited without prior written authorization.

26. Communication Between Parties

All communications between the Parties must be made in writing, either via email, certified letter, or any electronic means that provides proof of receipt.

27. Language of the Contract

This contract is drafted in Spanish. In case of translation to other languages, the Spanish version shall prevail in case of interpretative discrepancies.

28. Partial Nullity

If any clause of this contract is declared null or unenforceable by a competent authority, it shall not affect the validity of the remaining provisions, which shall remain fully enforceable.

29. Applicable Law

This contract shall be governed and interpreted in accordance with the laws of the State of Delaware, United States, unless consumer protection laws establish another mandatory jurisdiction.

30. Jurisdiction

For the resolution of any dispute arising from this contract, the Parties expressly submit to the jurisdiction of the courts of Wilmington, Delaware, waiving any other jurisdiction that might correspond to them.