Terms of Use

Last Updated: September 25, 2026

These Terms of Use (“Terms”) govern your access to and use of the websites, assessment, account, dashboard, software features, and other services operated by Arkvas LLC (“Arkvas,” “we,” “us,” or “our”) that link to or expressly incorporate these Terms (collectively, the “Services”). These Terms apply to Arkvas-operated websites, applications, subdomains, and Services, including arkvas.com, app.arkvas.com, account.arkvas.com, and other Arkvas-operated domains or subdomains that link to these Terms.

By accessing or using the Services, you acknowledge that these Terms apply to your use of the Services. Where Arkvas presents an unchecked checkbox, button, or other affirmative acceptance mechanism referring to these Terms, selecting that mechanism constitutes your agreement to these Terms and any other contractual policies expressly identified with it.

The Privacy Policy explains Arkvas’s practices regarding the collection, use, storage, disclosure, and retention of personal information and is provided as a privacy notice. Acknowledgment of the Privacy Policy does not itself constitute consent to any processing activity for which applicable law requires separate consent.

If you do not agree to these Terms where agreement is required, do not create an account, complete a purchase, or continue using the affected feature.

1. Eligibility

You must be at least 18 years old and legally capable of entering into a binding agreement to create an Arkvas account or make a purchase. By creating an account or completing a purchase, you represent that you satisfy these requirements.

2. Nature of the Platform — Informational Use Only

Arkvas is a private informational technology platform. Arkvas is not a law firm, legal-services provider, immigration representative, government agency, government filing portal, or government-authorized immigration practitioner. Arkvas does not provide legal advice, legal representation, individualized legal analysis, filing strategy, or recommendations concerning what immigration benefit a user should pursue. Use of Arkvas does not create an attorney-client, representative-client, fiduciary, or other professional relationship.

Arkvas organizes publicly available immigration information through structured questions, predetermined branching logic, routing rules, and informational criteria. Generative artificial intelligence does not interpret assessment answers or generate assessment results. No attorney or accredited representative reviews a user’s answers or assessment result as part of the assessment.

Nothing displayed by Arkvas should be understood as an instruction to apply for a particular benefit, refrain from applying, pursue a particular legal strategy, or take or omit any legal action.

No Government Affiliation: Arkvas is a private company. It is not affiliated with, endorsed by, or sponsored by the United States government, USCIS, DHS, EOIR, the Department of State, any federal, state, or local agency, or any bar association. Government agencies control official forms, filing fees, deadlines, adjudications, and case outcomes. If Arkvas content conflicts with an official government source, the official source controls. Arkvas links to official government resources where applicable; users are responsible for verifying all information with those sources before acting.

Immigration law changes frequently: Information provided through the Services may not reflect the most current regulations, agency guidance, policy updates, or legislative developments. Users should consult a qualified, licensed immigration attorney regarding their specific circumstances before making any legal or immigration decisions.

No reliance for time-sensitive actions: Do not use Arkvas as the sole basis for filing, responding to agency notices, preserving immigration status, or making any time-sensitive legal decision.

3. Informational Assessment and Results

The Arkvas assessment is an informational screening and exploration tool. It uses predetermined questions, branching logic, routing rules, and informational criteria to identify immigration pathways that may warrant further exploration based on the answers provided.

A pathway appearing in your result does not mean that Arkvas has determined that you are legally eligible, admissible, qualified, entitled to a benefit, likely to receive approval, or advised to apply. The absence of a pathway does not mean that no immigration option, exception, waiver, defense, or other legal possibility exists.

Immigration eligibility and outcomes may depend on facts, documents, procedural history, inadmissibility or removability grounds, discretionary determinations, exceptions, waivers, deadlines, legal interpretations, agency policy, visa availability, and other circumstances that the assessment may not identify or evaluate.

No account is required to begin the free assessment or view an assessment result. Ordinary assessment navigation may rely on temporary encrypted state rather than a permanently stored user record. Temporary assessment sessions, unsaved answers, and unclaimed results may expire or become unavailable. Arkvas has no obligation to preserve an assessment session or unsaved result indefinitely. Information may be persisted when a user elects an available save, purchase, or claim process, as further described in the Privacy Policy.

Arkvas may maintain internal content versions, review records, and source references for operational and quality-control purposes. Such internal processes do not constitute a representation that every item of content has been reviewed as of a particular date. Users should independently verify material information against current official government sources before acting.

4. Support Communications and Sensitive Information

Arkvas support and general contact channels are customer-service channels and are not legal-intake channels. Communications with Arkvas do not create an attorney-client or other professional relationship and should not be expected to be legally privileged or confidential in the manner of communications with an attorney.

Do not submit passwords, complete Social Security numbers, financial-account credentials, complete payment-card information, passports, immigration documents, government notices, medical records, or other highly sensitive material through general support or contact channels unless a specific Arkvas feature expressly requests particular information for a stated purpose.

When Arkvas expressly requests personal information through a designated feature, its collection, processing, storage, and retention are governed by the Privacy Policy.

Arkvas support is not an emergency service, legal service, deadline-monitoring service, or government-notice response service.

5. User Responsibilities and Prohibited Conduct

You may use the Services only for lawful purposes and in accordance with these Terms. You are responsible for your conduct when accessing or using the Services.

By using the Services, you agree to:

Provide accurate, truthful, and complete information in all forms and assessment responses
Not rely solely on the Services for any legal decision, filing, or immigration action
Independently verify all information against current official government sources before acting on it

You may not:

submit fraudulent, deceptive, intentionally false, or abusive information or responses for the purpose of manipulating assessment results, interfering with the Services, obtaining unauthorized access, or abusing Arkvas systems;
impersonate another person or entity, including an attorney, accredited representative, government official, organization, Arkvas representative, or other third party, or misrepresent your identity, qualifications, authority, or affiliation;
use the Services or Arkvas content to facilitate fraud, identity fraud, document fraud, misrepresentation to a government agency, fraudulent filings, or other unlawful activity;
use Arkvas content or assessment results to engage in or facilitate the unauthorized practice of law or to misrepresent Arkvas information, assessment results, or pathway summaries as legal advice, a legal determination, a government determination, professional certification, or approval;
copy, reproduce, extract, scrape, crawl, harvest, reverse engineer, decompile, discover, reconstruct, or attempt to derive Arkvas’s proprietary assessment logic, branching or routing rules, scoring methodologies, software, databases, compilations, or other proprietary material without Arkvas’s express written authorization;
use automated tools, bots, scripts, crawlers, scraping tools, or similar means to access, query, extract from, or interact with the Services without Arkvas’s express authorization or permission provided through Arkvas’s applicable technical controls;
probe, scan, test, circumvent, defeat, or attempt to circumvent the security, authentication, rate limits, access controls, vulnerabilities, or protective measures of the Services or underlying infrastructure without Arkvas’s express written authorization;
introduce malware, malicious code, viruses, exploits, denial-of-service activity, or other technology intended to interfere with, damage, disable, compromise, or gain unauthorized access to the Services or another system;
interfere with, disrupt, overload, degrade, or impair the normal operation, availability, integrity, or security of the Services;
access or attempt to access another user’s account, credentials, data, restricted functionality, administrative functionality, or nonpublic systems without authorization;
sell, resell, sublicense, commercially exploit, redistribute, or provide unauthorized commercial access to the Services, Arkvas software, or proprietary Arkvas content;
upload, transmit, submit, or distribute unlawful, fraudulent, malicious, infringing, harmful, or unauthorized material through the Services;
use the Services in a manner that violates applicable law or the legal rights of another person or entity;
harass, threaten, intimidate, abuse, or target Arkvas personnel, users, or other persons through the Services or Arkvas communication channels;
repeatedly or excessively contact Arkvas support for the purpose of harassing, disrupting, overwhelming, or abusing support operations;
knowingly submit false, fabricated, or materially misleading complaints, refund claims, fraud claims, or dispute information for the purpose of manipulating Arkvas’s support, refund, or payment-review processes; or
use Arkvas communication channels to transmit spam, malware, unlawful material, or highly sensitive information that Arkvas has not requested through the applicable feature.

Support and Communications

Arkvas may end, restrict, or decline to continue a support interaction where communications are abusive, threatening, harassing, unlawful, spam-based, or materially disruptive. Restricting a particular communication channel does not alter any right that may exist under the Terms of Use, Refund Policy, Privacy Policy, or applicable law.

Enforcement

Arkvas may investigate suspected misuse and may take any action permitted under these Terms, including restricting, suspending, or terminating access to all or part of the Services.

Arkvas may preserve records relating to suspected misuse in accordance with the Privacy Policy and may disclose information where permitted or required by law, including in connection with fraud prevention, security incidents, payment disputes, legal process, or reports to appropriate authorities.

Refunds, if any, arising in connection with a restriction, suspension, or termination are governed by the Refund Policy.

6. Accounts, Account Security, and Electronic Communications

Certain features of the Services, including the dashboard, require account creation. Where Arkvas presents an affirmative acceptance mechanism at account creation, you may not create an account or access restricted features without completing that step.

You are solely responsible for:

Maintaining the confidentiality of your account credentials
Restricting access to your account and devices
All activity that occurs under your account, whether or not authorized by you
Notifying Arkvas promptly if you suspect unauthorized access to your account

Arkvas is not liable for any loss or damage arising from unauthorized access to your account resulting from your failure to maintain credential security. Arkvas reserves the right to require password resets and to suspend or restrict access to accounts where security is suspected to be compromised.

Accounts are for individual personal use only unless expressly agreed otherwise in writing. You may not share, transfer, or sell access to your account.

Electronic Communications. By creating an account, you agree that Arkvas may send account, transaction, security, service, and legal communications to you electronically, including by email or through the Services. You may opt out of non-transactional marketing communications using the unsubscribe mechanism provided with those communications.

7. Account Deletion, Recovery, and Retained Records

You may request deletion of your Arkvas account through available account controls or an available support process. Where Arkvas provides a deletion-recovery period, the recovery deadline will be disclosed when the deletion request is submitted. During that recovery period, you may cancel the pending deletion using the available recovery process.

After the applicable recovery period expires, Arkvas may terminate account access and delete or anonymize customer-facing account data and product data in accordance with the Privacy Policy. Once final deletion has occurred, the deleted account and its dashboard entitlement are not restored merely because Arkvas retains limited records for legal, accounting, fraud-prevention, dispute, tax, consent, security, or operational purposes.

Certain transaction, payment, tax, consent, refund, dispute, fraud-prevention, and legal-compliance records may be retained for up to seven years where required or reasonably necessary. General support records may ordinarily be retained for up to three years, while support records materially related to a payment or financial dispute may be retained for up to seven years. Retention practices are further described in the Privacy Policy.

Payment processors and other independent third parties may retain records under their own legal or contractual obligations even after an Arkvas account is deleted. Arkvas cannot require an independent third party to erase records that the third party is legally entitled or required to retain.

Final voluntary deletion does not by itself create a right to a refund. Refund eligibility, if any, is governed by the Refund Policy.

8. User-Submitted Content and License Grant

You retain any rights you have in content you submit to Arkvas. You grant Arkvas a non-exclusive, worldwide, royalty-free license to host, process, transmit, reproduce, and otherwise use submitted content only as reasonably necessary to provide, maintain, secure, support, and administer the Services; comply with law; prevent fraud or abuse; and exercise rights expressly described in these Terms and the Privacy Policy.

Arkvas may permit its service providers and subprocessors to process such content only to the extent reasonably necessary to provide services to Arkvas and subject to applicable contractual and legal obligations.

Arkvas may create and use aggregated or de-identified information as described in the Privacy Policy, provided that such information is handled consistently with that policy.

If you voluntarily provide product feedback, ideas, suggestions, or recommendations concerning Arkvas, Arkvas may use that feedback without restriction or obligation to compensate you, provided that this does not grant Arkvas ownership of personal information contained in the feedback.

Arkvas will not:

Sell your individual submitted content to third parties
Use your individual assessment answers to target sponsored placements

You represent and warrant that any content you submit does not infringe the intellectual property rights of any third party, does not contain false or misleading information, and does not violate any applicable law.

9. Paid Dashboard Access and Payments

The Arkvas assessment may be taken and its assessment result viewed without purchasing dashboard access. Arkvas may offer additional software and account features through a one-time dashboard purchase. The price displayed at checkout controls the transaction; as of the effective date of these Terms, the standard dashboard unlock is $29 USD.

The dashboard purchase is not a recurring subscription and does not automatically renew.

A one-time purchase grants a personal, limited, non-transferable entitlement to access the paid dashboard features made available to the purchasing account, subject to these Terms. The purchase does not transfer ownership of Arkvas software, content, or intellectual property.

Payments are processed through third-party payment infrastructure, currently including Stripe. Arkvas may retain transaction identifiers and related records necessary to administer purchases, refunds, disputes, accounting, fraud prevention, and legal compliance. Payment processors may independently retain information under their own terms and legal obligations.

Applicable taxes may be added or collected where required and will be displayed or reflected through the applicable checkout process.

If a payment is refunded, reversed, disputed, charged back, or otherwise invalidated, Arkvas may suspend, revoke, or place the associated dashboard entitlement under review.

Refund eligibility is governed by the Refund Policy.

Arkvas may retain evidence of contractual acceptance and purchase consent, including applicable document versions, price, transaction reference, and timestamp, as described in the Privacy Policy and Arkvas’s applicable retention practices.

10. Changes to the Services

Arkvas may update, modify, replace, add, restrict, suspend, or discontinue features, content, integrations, interfaces, pathways, or portions of the Services from time to time for legal, security, technical, operational, product, or business reasons.

Arkvas does not guarantee that any individual feature, content item, pathway, integration, or interface will remain available indefinitely or remain unchanged.

Any refund or other remedy arising from a discontinued paid feature is governed by the Refund Policy and applicable law.

11. Sponsored Resources and Third-Party Providers

Arkvas may display paid or sponsored resources, advertisements, or third-party service providers. Sponsored placements will be identified as sponsored or paid placements in a manner appropriate to the presentation.

Sponsored placements may vary based on general contextual factors such as the section of the Services being viewed, resource category, inventory, campaign configuration, or distribution channel. Sponsorship does not influence assessment questions, branching logic, scoring or routing criteria, pathways surfaced in an assessment result, or Arkvas’s independent informational content.

Arkvas’s decision to permit a sponsor or third-party provider to appear on the Services is not legal advice, a professional referral, certification, endorsement, warranty, or guarantee regarding that party’s qualifications, licensing, products, services, pricing, availability, suitability, or results. Any review Arkvas conducts for platform suitability does not substitute for your own evaluation of the third party.

Your decision to contact, retain, purchase from, or otherwise interact with a third party creates a relationship between you and that third party, subject to the third party’s own terms and privacy practices.

12. Partner Links and Co-Branded Experiences

Arkvas may provide dedicated links that are distributed by participating organizations. A partner link may display an approved organization name or logo within an Arkvas experience and may permit Arkvas to measure referral or usage activity associated with that link.

Co-branding identifies the source through which a visitor reached Arkvas. It does not, by itself, create an agency, joint venture, legal-services relationship, fiduciary relationship, endorsement, or representation relationship between Arkvas and the organization.

Using a partner link does not change assessment logic or results. Unless you separately direct or consent to a different disclosure, merely accessing Arkvas through a partner link does not give that organization your individual assessment answers, assessment result, email address, account information, or identifiable account activity.

Information you separately provide directly to a partner is governed by your relationship with that organization and its own terms and privacy practices.

13. Refunds

Purchases made through Arkvas are subject to the Refund Policy in effect at the time of purchase. The Refund Policy governs refund eligibility, procedures, exclusions, and applicable time limits.

Unless otherwise stated in the Refund Policy or required by applicable law, completing a voluntary account deletion does not itself create a refund right.

If these Terms and the Refund Policy conflict specifically regarding a refund, the Refund Policy controls for that issue.

14. Intellectual Property

All platform content, branding, trade names, trademarks, service marks, designs, software, assessment structures, pathway logic, scoring methodologies, text, graphics, compilations, and materials are owned by or licensed to Arkvas and are protected by applicable intellectual property laws, including copyright, trademark, and trade secret law.

You may not, without Arkvas’s express prior written permission:

Copy, reproduce, republish, upload, or transmit any platform content
Distribute, sublicense, sell, or commercialize any platform materials
Reverse engineer, decompile, disassemble, or attempt to extract the assessment logic, pathway scoring, or underlying software
Scrape, harvest, or systematically extract content, data, or database structure from the Services
Frame or mirror any portion of the Services on another website or application
Remove, alter, or obscure any copyright, trademark, or other proprietary notices

Limited Personal Use License. Subject to your compliance with these Terms, Arkvas grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your own personal, non-commercial informational purposes. This license does not include any right to resell, redistribute, or commercially exploit any portion of the Services.

Arkvas does not claim ownership of United States statutes, regulations, judicial decisions, official government forms, government publications, or third-party materials that are owned by others or are not subject to private ownership. Arkvas’s proprietary rights apply to its original software, selection and arrangement, compilations, design, branding, original text and graphics, assessment architecture, proprietary rules and logic, and other protectable materials.

Names, trademarks, and logos belonging to sponsors, partners, government agencies, and other third parties remain the property of their respective owners. Their display by Arkvas does not transfer ownership or, by itself, imply endorsement.

15. Disclaimer of Warranties and Limitation of Liability

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. ARKVAS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ARKVAS DOES NOT WARRANT THAT PLATFORM INFORMATION IS COMPLETE, ACCURATE, CURRENT, OR APPLICABLE TO EVERY INDIVIDUAL SITUATION.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ARKVAS AND ITS AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONTRACTORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO: ERRORS, INACCURACIES, OR OMISSIONS IN PLATFORM CONTENT; ASSESSMENT RESULTS, OR PATHWAYS NOT SURFACED IN AN ASSESSMENT RESULT; TEMPORARY OR EXPIRED ASSESSMENT STATE OR THE LOSS OF UNSAVED ASSESSMENT INFORMATION; IMMIGRATION OUTCOMES, VISA DENIALS, PETITION REJECTIONS, OR PROCESSING DELAYS; RELIANCE ON INFORMATIONAL CONTENT, ASSESSMENT RESULTS, OR PATHWAY SUMMARIES PROVIDED THROUGH THE SERVICES; POLICY ANNOUNCEMENTS OR THE FAILURE TO ISSUE ANY POLICY ANNOUNCEMENT; MISSED GOVERNMENT DEADLINES, FILING WINDOWS, OR STATUS EXPIRATION RESULTING FROM ACTIONS TAKEN IN RELIANCE ON INFORMATIONAL CONTENT; THIRD-PARTY ACTIONS, SERVICES, LEGAL ADVICE, OR REPRESENTATION; ATTORNEY CONDUCT, AVAILABILITY, COMPETENCE, OR OUTCOMES; PARTNERS OR PARTNER LINKS; SPONSORS, SPONSORED PROVIDERS, OR ACTIONS TAKEN OR NOT TAKEN BASED ON ADVERTISING OR SPONSORED CONTENT DISPLAYED ON THE PLATFORM; LINKED THIRD-PARTY WEBSITES; STRIPE OR OTHER PAYMENT PROCESSORS; DATA LOSS, UNAUTHORIZED ACCESS, CYBER INCIDENTS, SERVICE INTERRUPTIONS, OR TECHNICAL FAILURES; OR THE MODIFICATION OR DISCONTINUATION OF ANY FEATURE.

LIABILITY CAP: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ARKVAS’S TOTAL AGGREGATE LIABILITY TO YOU ARISING OUT OF OR RELATING TO THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR STATUTE), WILL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNTS YOU ACTUALLY PAID ARKVAS IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD $100. THIS CAP APPLIES EVEN IF ARKVAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING IN THIS SECTION LIMITS LIABILITY THAT CANNOT LAWFULLY BE DISCLAIMED UNDER APPLICABLE CONSUMER PROTECTION LAW, OR FOR FRAUD, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT.

16. Indemnification

You agree to indemnify, defend, and hold harmless Arkvas and its affiliates, officers, directors, members, employees, contractors, and agents from and against any and all claims, demands, actions, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

Your access to or use of the Services
Your material breach or violation of these Terms, the Refund Policy to the extent it imposes obligations applicable to the transaction, or any supplemental contractual terms expressly applicable to your account, purchase, or use of the Services
Your reliance on platform content, assessment results, or pathway summaries for legal or immigration decisions
Any content you submit through the Services, including content that infringes the rights of a third party or violates applicable law
Your fraudulent, abusive, or unlawful use of the Services
Your violation of any applicable law or regulation

Arkvas reserves the right to assume exclusive control of the defense of any matter subject to indemnification by you, at your expense. You agree to cooperate with Arkvas’s defense of such claims and not to settle any such matter without Arkvas’s prior written consent.

17. Termination, Suspension, and Account Deletion

Arkvas reserves the right, in its sole discretion, to restrict, suspend, terminate, or delete an account or access to all or any part of the Services at any time, with or without notice, with or without cause, including but not limited to violations of these Terms or other applicable Arkvas policies, suspected fraud or abuse, unlawful activity, security concerns, payment disputes or reversals, conduct harmful to Arkvas or others, operational or business reasons, or any other reason Arkvas determines warrants restriction, suspension, termination, or deletion.

Upon termination, your right to access the affected Services ceases. Refunds, if any, are governed by the Refund Policy. Account termination or deletion does not require Arkvas or its service providers to delete records that are retained as described in the Privacy Policy or otherwise lawfully retained.

18. Survival

The provisions concerning Account Deletion and Retained Records, User-Submitted Content and License Grant, Intellectual Property, Disclaimer of Warranties and Limitation of Liability, Indemnification, Governing Law and Venue, Arbitration and Class Action Waiver, Severability and Waiver, Assignment, and any other provisions that by their nature are intended to survive termination will survive termination to the extent applicable.

19. Governing Law and Venue

These Terms are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict-of-law principles. To the extent a dispute is not required to be resolved through arbitration under these Terms, you consent to the exclusive personal jurisdiction of the state and federal courts located in the State of Florida for resolution of such dispute, and you waive any objection to the laying of venue in such courts.

20. Arbitration and Class Action Waiver

Agreement to Arbitrate. Except as provided below, you and Arkvas agree that disputes arising out of or relating to these Terms, the Services, or the relationship between you and Arkvas will be resolved through final and binding individual arbitration rather than in court. This arbitration agreement is governed by the Federal Arbitration Act.

Notice of Dispute Required. Before initiating arbitration, the party seeking relief must send the other party a written Notice of Dispute describing the nature and basis of the claim and the relief sought. Notices to Arkvas must be sent to [email protected] with the subject line “LEGAL NOTICE.” Notices to a user may be sent to the email address associated with the user’s account. The parties will attempt to resolve the dispute informally for 30 days after receipt of the Notice. If the dispute is not resolved during that period, either party may proceed with arbitration.

Arbitration Procedures. Arbitration will be conducted before a neutral arbitrator through a nationally recognized arbitration provider or another arbitration service agreed upon by the parties. If the parties cannot agree upon an arbitrator, provider, or applicable appointment procedure, an arbitrator may be selected or appointed as permitted by applicable law. Arbitration may be conducted remotely, in Florida, or in another location or manner agreed upon by the parties or determined in accordance with the applicable arbitration procedure. The arbitrator may award any relief available on an individual basis that a court of competent jurisdiction could award, subject to these Terms and applicable law. The arbitration award will be final and binding and may be entered as a judgment in a court of competent jurisdiction.

WAIVER OF CLASS ACTIONS AND REPRESENTATIVE PROCEEDINGS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND ARKVAS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF MORE THAN ONE PERSON OR PRESIDE OVER A CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING EXCEPT TO THE EXTENT APPLICABLE LAW DOES NOT PERMIT SUCH A WAIVER.

Exceptions. Either party may pursue an eligible claim in small claims court. Either party may also seek temporary, preliminary, or other injunctive or equitable relief from a court of competent jurisdiction where reasonably necessary to prevent actual or threatened infringement, unauthorized access, misuse of intellectual property, security harm, or other irreparable harm. Claims that applicable law does not permit to be arbitrated are excluded from this arbitration requirement.

Opt-Out. You may opt out of this arbitration agreement by sending written notice to [email protected] with the subject line “ARBITRATION OPT-OUT” within 30 days after first affirmatively accepting these Terms. Your opt-out notice must identify the email address associated with your Arkvas account, if any, and clearly state that you are opting out of the arbitration agreement. Opting out of arbitration does not affect any other provision of these Terms.

Changes to Arbitration. A material amendment to this Arbitration and Class Action Waiver will not apply to a dispute for which Arkvas received a valid written Notice of Dispute before the effective date of that amendment.

Survival. This Arbitration and Class Action Waiver survives termination of these Terms and termination or deletion of an Arkvas account.

21. Changes to These Terms

Arkvas may update these Terms from time to time. Non-material changes may become effective when posted with an updated effective date.

For material changes that materially affect user rights or obligations, Arkvas may provide notice through email, account notification, a prominent notice within the Services, or another reasonable method.

Where Arkvas presents an affirmative acceptance mechanism for revised Terms, continued use of the affected account or paid features may require acceptance of the revised Terms.

A material amendment to the Arbitration and Class Action Waiver will be governed by the provisions of Section 20.

22. Force Majeure

Arkvas shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including without limitation acts of God, natural disasters, war, civil unrest, terrorism, government action, labor disputes, cyberattacks, distributed denial-of-service attacks, material cloud-provider failures, payment-network outages, internet or telecommunications outages, utility or infrastructure failures, or third-party service provider or infrastructure failures outside Arkvas’s reasonable control. In such circumstances, Arkvas’s obligations are suspended for the duration of the force majeure event.

23. Severability and Waiver

If any provision of these Terms is found to be unenforceable or invalid under applicable law, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, without affecting the validity of the remaining provisions. Arkvas’s failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision for future enforcement.

24. Assignment

You may not assign, transfer, delegate, or sublicense your rights or obligations under these Terms, in whole or in part, without Arkvas’s prior written consent. Any attempted assignment without such consent is null and void. Arkvas may assign these Terms or any rights hereunder without restriction, including in connection with a merger, acquisition, corporate restructuring, financing, sale of assets, transfer to an affiliate, or similar transaction.

25. Related Policies and Entire Agreement

These Terms, the Refund Policy, and any supplemental contractual terms expressly applicable to a purchase or feature constitute the contractual agreement governing your use of the Services, except as otherwise expressly provided.

The Disclaimer provides additional disclosures and limitations concerning the informational nature of Arkvas and the Services.

No oral statement, representation, or promise by an Arkvas representative modifies these Terms unless expressly authorized in writing by Arkvas.

26. Accessibility

Arkvas seeks to make the Services reasonably accessible. If you encounter an accessibility issue, contact Arkvas using the contact information in Section 27.

27. Contact Information

Arkvas LLC

Email: [email protected]

Customer support: [email protected]

For formal legal notices: [email protected] (Subject: LEGAL NOTICE)

For arbitration opt-outs: [email protected] (Subject: ARBITRATION OPT-OUT)

Mailing address:
7901 4th St N
Suite 300
St. Petersburg, FL 33702