Terms of Service

License Grant

Subject to your compliance with these Terms, Arkzphere grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to download, install, and use the Arkzphere application on a device that you own or control, solely for your personal, non-commercial purposes.

This license does not include: (a) any resale or commercial use of the app or its content; (b) any collection or use of product listings, descriptions, or data; (c) any use of data mining, robots, or similar tools; (d) any reproduction, duplication, or exploitation of the app for commercial purposes.

This license is automatically revoked if you violate any of these Terms. Upon termination, your license immediately terminates and you must cease all use of the app.

Eligibility

You must be at least 18 years old to use Arkzphere. By creating an account, you represent and warrant that you are 18 or older, have the legal capacity to enter into a binding contract, and are not prohibited from using the service under applicable law. We reserve the right to suspend or terminate any account we determine belongs to a minor, with or without notice.

Arkzphere uses identity verification and liveness detection at signup to confirm that users are real adults. Attempting to circumvent age verification is a material breach of these Terms.

Your Account

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to:

• Provide accurate, current, and complete information at registration and keep it updated
• Notify us immediately of any unauthorized use of your account at jacksonagreene@icloud.com
• Not share your account with or transfer it to any other person
• Not create more than one account or create an account after being banned or terminated

Arkzphere is an invite-only platform during its early access period. Access may be granted, restricted, or revoked at our sole discretion at any time, with or without cause.

User Content

You retain ownership of content you post to Arkzphere, including Scenes, profile photos, messages, and Date Requests. By posting content, you grant Arkzphere a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, display, and distribute your content solely for the purposes of operating, improving, and promoting the platform.

You represent and warrant that you have all rights necessary to grant this license, your content does not infringe any third-party rights, and your content complies with these Terms and our Community Guidelines.

Prohibited Conduct

You agree not to use Arkzphere to:

• Post content that is illegal, harassing, defamatory, obscene, threatening, or hateful
• Impersonate any person or entity or misrepresent your affiliation, identity, or age
• Post content depicting or promoting violence, hate speech, discrimination, or self-harm
• Share explicit sexual content, nudity, or any content sexualizing minors
• Solicit personal information from other users for unauthorized or harmful purposes
• Stalk, harass, intimidate, or threaten other users on or off the platform
• Spam, phish, distribute malware, or engage in any deceptive practice
• Use bots, scrapers, or automated tools to access the platform
• Interfere with or disrupt Arkzphere's infrastructure, servers, or networks
• Circumvent any safety, verification, or access control features of the app
• Use the platform for commercial solicitation without our written consent
• Collect or harvest personal information about other users without their consent

Violation may result in immediate account suspension or termination without notice and, where appropriate, referral to law enforcement.

The Match System & Messaging

Arkzphere's in-app messaging feature is unlocked only after two users mutually match. By participating in the match and messaging system, you agree to interact with other users in a lawful, respectful, and non-harmful manner.

Arkzphere implements reasonable moderation measures but cannot monitor all message content in real time. We are not responsible for the content of messages exchanged between users, the accuracy of user-provided profile information, or the conduct of users within or outside the platform.

Date Request Feature

How the Feature Works

The Date Request feature allows matched users to propose a specific in-person meetup, including a suggested time, location, and activity. Date Requests are stored as content associated with your account and are subject to the same deletion rights as messages.

Location in Date Requests

Only the location you explicitly include in a Date Request is shared with the matched user. Your live device location is never transmitted through this feature. You are solely responsible for the accuracy of any location information you choose to share.

Reasonable Safety Measures

While Arkzphere cannot guarantee the safety of in-person meetings, we implement reasonable safety measures including identity verification, liveness detection, in-app reporting tools, and content moderation to reduce the risk of harmful interactions. These measures reduce but do not eliminate risk. You are responsible for exercising your own judgment.

Safety Guidelines

• Meet in a public place for the first time
• Tell a trusted friend or family member where you are going and who you are meeting
• Arrange your own transportation to and from the meeting
• Do not share your home address, workplace, or other sensitive locations in advance
• Trust your instincts — if something feels wrong, leave immediately
• Report any concerning behavior via the in-app reporting tool

Limitation of Liability for In-Person Conduct

To the fullest extent permitted by applicable law, Arkzphere expressly disclaims all liability for any injury, harm, loss, damage, or claim arising from in-person meetings arranged through the platform, including the conduct or misrepresentation of any user, and any criminal conduct in connection with such meetings.

Reporting

If you experience unsafe, threatening, or illegal conduct in connection with a meeting arranged through Arkzphere, contact local law enforcement first, then report to us via the in-app reporting feature or at jacksonagreene@icloud.com.

Location Services

Core features of Arkzphere rely on your device's location. By enabling location permissions, you consent to Arkzphere collecting and using your location data as described in our Privacy Policy. Your exact location is never shown to other users — only general proximity is displayed.

Location data shared in Date Requests is limited to what you explicitly include in the request — your live device location is never transmitted through this feature. You may revoke location access at any time in your device Settings, though this will disable the Map, nearby Scenes, and event discovery.

Ask Ark & AI Features

Arkzphere includes AI-powered features including Ask Ark, our social concierge. These features are assistive tools that provide guidance only — not authoritative direction. You should exercise your own independent judgment before acting on any AI-generated suggestion.

Ask Ark does not make binding decisions about your account or membership. Arkzphere does not engage in automated decision-making that produces legal or similarly significant effects on users without human review.

To the fullest extent permitted by applicable law, Arkzphere is not liable for any losses, harm, or outcomes arising from reliance on AI-generated suggestions or recommendations.

Arc Partners & Events

Arkzphere may feature events hosted by third-party Arc Partners. Arc Partners are independent operators — not agents, employees, or representatives of Arkzphere. We implement reasonable vetting but cannot guarantee the quality, safety, accuracy, or legality of third-party events.

Attendance at any Arc Partner event is at your own risk. Ticketed events may be subject to separate terms and refund policies established by the Arc Partner. Arc Partners may independently collect and process personal information about you as separate data controllers.

Intellectual Property

The Arkzphere name, logo, app design, user interface, Ask Ark feature, matchmaking methodology, and all associated intellectual property are owned exclusively by Arkzphere, Inc. and are protected by applicable intellectual property laws, including copyright, trademark, and patent law. Arkzphere has developed and filed patent applications covering aspects of its platform, including its matchmaking algorithm, which are currently pending review.

You may not reproduce, distribute, modify, create derivative works from, or otherwise exploit any of our intellectual property without our express prior written permission. To report intellectual property infringement, contact jacksonagreene@icloud.com.

App Store & Platform Terms

Arkzphere is distributed through the Apple App Store. Your use of Arkzphere is also subject to Apple's App Store Terms of Service.

License

The license granted to you in Section 01 is from Arkzphere only — not from Apple. Arkzphere is solely responsible for the application and its content.

Maintenance and Support

Arkzphere — not Apple — is solely responsible for providing maintenance and support services with respect to the application. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to Arkzphere.

Warranty

In the event of any failure of the application to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any) to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation with respect to the application. Any other claims, losses, liabilities, or damages attributable to any failure to conform to any warranty will be solely Arkzphere's responsibility.

Product Claims

Arkzphere — not Apple — is responsible for addressing any claims relating to the application or your use of it, including product liability claims, regulatory compliance claims, and consumer protection claims.

Third-Party Beneficiary

Apple and Apple's subsidiaries are third-party beneficiaries of these Terms and have the right to enforce these Terms against you as a third-party beneficiary upon your acceptance.

Disclaimer of Warranties

Arkzphere is provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

To the fullest extent permitted by applicable law, we do not warrant that: (a) the app will be uninterrupted, error-free, or free of viruses or other harmful components; (b) results obtained from using the app will be accurate or reliable; (c) any content on the platform, including user-generated content or AI-generated suggestions, is accurate; or (d) the app will meet your requirements or expectations.

While Arkzphere implements reasonable safety features and moderation systems to protect users, your use of the platform — including any in-person meeting arranged through it — is at your own risk.

Limitation of Liability

To the fullest extent permitted by applicable law, Arkzphere, Inc. and its officers, directors, employees, agents, partners, and affiliates shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to:

• Loss of profits, revenue, data, goodwill, or other intangible losses
• Personal injury, property damage, or death arising from in-person meetings arranged through the platform
• Unauthorized access to or alteration of your transmissions or data
• Conduct or content of any third party, including other users, on or off the platform
• Any damages arising from AI-generated recommendations or the Date Request feature
• Any failure or interruption of the service, however caused

This limitation applies whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not Arkzphere has been advised of the possibility of such damages.

Our total aggregate liability to you for all claims arising from these Terms or your use of Arkzphere shall not exceed the greater of: (a) the amount you paid us in the twelve months preceding the claim, or (b) one hundred dollars ($100 USD).

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages, so some of the above limitations may not apply to you. In such jurisdictions, our liability will be limited to the fullest extent permitted by applicable law.

Indemnification

You agree to indemnify, defend, and hold harmless Arkzphere, Inc. and its officers, directors, employees, agents, partners, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the app, including the Date Request feature
• Your content, including any claim that your content violates third-party rights
• Your in-person conduct, including any injury or damage arising from a meeting arranged through the platform
• Your violation of these Terms or of any applicable law or regulation
• Your violation of any third-party rights, including intellectual property, privacy, or publicity rights

Termination

We reserve the right to suspend, restrict, or terminate your account and access to Arkzphere at any time, with or without cause, with or without notice, at our sole discretion.

You may delete your account at any time directly within the app via Settings → Account → Delete Account. Upon termination, your license immediately terminates. Sections that by their nature survive termination — including Sections 04, 13, 14, 15, 17, and 18 — will survive.

Accounts inactive for two consecutive years will be automatically closed and data deleted in accordance with our Privacy Policy.

Governing Law & Disputes

Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law principles. To the extent any court proceeding is permitted hereunder, you and Arkzphere agree to submit to the exclusive jurisdiction of the state and federal courts located in New York, New York.

Informal Resolution

Before filing any formal legal proceeding, you agree to first contact us at jacksonagreene@icloud.com and attempt to resolve the dispute informally. We will make reasonable efforts to resolve disputes within 30 days of receiving your notice.

Binding Arbitration

Except for claims seeking injunctive or equitable relief or that may be brought in small claims court, any dispute arising out of or relating to these Terms shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, seated in New York, New York.

Class Action Waiver

You and Arkzphere agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.

Injunctive Relief

Either party may seek injunctive or equitable relief in a court of competent jurisdiction to prevent infringement of intellectual property rights or to protect user safety.

General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy and Community Guidelines, constitute the entire agreement between you and Arkzphere
• Severability: If any provision is found invalid or unenforceable, the remaining provisions continue in full force
• Waiver: Our failure to enforce any provision shall not constitute a waiver of that provision
• Assignment: You may not assign your rights without our prior written consent. Arkzphere may assign its rights without restriction
• Force Majeure: Arkzphere will not be liable for failure or delay due to causes beyond our reasonable control
• Notices: We may provide notices via email, in-app notifications, or by posting on our website. Notices to us must be sent to jacksonagreene@icloud.com
• No Agency: Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Arkzphere

Changes to These Terms

We may modify these Terms at any time. For material changes, we will notify you via in-app notification and/or email at least 30 days before changes take effect. Your continued use of Arkzphere after revised Terms become effective constitutes your acceptance. Previous versions are available upon request at jacksonagreene@icloud.com.

Contact