Terms of Sale

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Arkahna Product Terms of Sales

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These Product & Platform Terms (“Product Terms”) apply to Customer’s access and use of Arkahna’s proprietary software offerings, including FeatureBoard, Sigil, Marketplace Elements, the Arkahna Platform, and any associated modules or APIs (“Product” or “Platform”).

These Terms form part of the Global Terms of Sale and are incorporated by reference into any applicable Order Form or Subscription Agreement.

1. Access and Use Rights

  • Subject to payment of applicable fees, Arkahna grants Customer a non-exclusive, non-transferable, time-limited right to access and use the Products as described in the relevant Order Form or Subscription Schedule.

  • Access may be provisioned as a hosted SaaS service, customer-hosted deployment, or hybrid model, as specified in the applicable Order.

  • Access is limited to the users, environments, regions, or workloads defined in the Order.

2. Product Tiers and Features

  • Products may be offered in tiered versions (e.g., Free, Essentials, Professional, Enterprise, Reseller).

  • Each tier includes a defined feature set and usage limits as documented by Arkahna or stated in the Order Form.

  • Upgrades or add-ons (e.g., AI enablement, enhanced telemetry, premium SLAs) may be purchased separately.

3. Customer Responsibilities

  • Customer is responsible for maintaining the security of login credentials and ensuring authorised access only.

  • Customer will not:

    • Reverse engineer or decompile any part of the Product,

    • Circumvent usage restrictions or licensing limits,

    • Use the Product to build competing software,

    • Introduce malicious code into the environment.

4. Availability, Support and SLA

  • Where hosted by Arkahna, we will use reasonable efforts to maintain 99.5% uptime (monthly basis), excluding scheduled maintenance and events outside our control.

  • Support is provided per the support level associated with your Product tier.

  • Critical bugs or outages may be prioritised at Arkahna’s discretion.

5. Updates and Modifications

  • Arkahna may modify the Products from time to time (e.g., UI changes, performance improvements, backend updates) provided core functionality is not materially degraded or modified.

  • Features in beta or experimental status may be changed or withdrawn at any time.

6. Data and Privacy

  • Customer retains ownership of all data uploaded or generated in the Product.

  • Arkahna may process such data solely to provide and improve the Product, monitor usage, or comply with law.

  • Data residency, backup, and retention policies vary by deployment model and are available on request.

7. Telemetry and AI

  • Arkahna may collect telemetry, performance metrics, and usage metadata to improve the Product and train models.

  • Where applicable, AI features may use anonymised data for model improvement. You may opt out by request unless otherwise required for core functionality.

  • AI outputs may be probabilistic and should be independently validated by Customer.

8. IP and Feedback

  • Arkahna retains all intellectual property rights in the Products, including any customisations, configurations, or derivative works developed during Customer engagement.

  • Feedback submitted by Customer may be used by Arkahna without restriction.

9. Licensing, Renewal, and Post-Term Use

  • Unless otherwise stated in the Order, Arkahna Products are provided under a subscription licence that renews automatically unless cancelled before the end of the current term.

  • Upon expiry or termination of a subscription:

    • For Platform and SaaS-hosted Products (e.g. FeatureBoard, Sigil): all access will cease, and Customer must stop using the Product.

    • For Eligible Elements Products (e.g. Data Element, AI Element, Integration Element, Web Element):
      Customer is granted a Perpetual Runtime Licence, meaning:

      • You may continue using the final delivered version indefinitely,

      • You may deploy it in new or extended use cases within your business,

      • No updates, enhancements, support, or security patches will be provided unless re-subscribed,

      • The Product must only be used by the original Customer entity or its successor following a bona fide acquisition or corporate/government restructuring.

  • Assignment Restrictions:

    • This licence may not be assigned, sublicensed, or transferred to a third party or affiliate unless as part of a full acquisition of the original Customer entity or its business unit that was the original beneficiary of the Product.

    • Any unauthorised transfer or sublicensing is strictly prohibited and will void the Perpetual Runtime Licence.

10. Third-Party Components

  • Some Products may include or interface with open-source libraries or third-party services. Arkahna provides no warranty for such components beyond what is legally required.

  • Third-party licensing terms may apply and are available on request.

11. Audit and Compliance

  • Arkahna may request usage data or access logs to verify compliance with agreed licence terms.

  • In case of non-compliance, Customer agrees to cooperate with resolution and may be liable for underpaid licence fees.

12. Definitions

“Product” includes any software, platform module, or IP-based system provided by Arkahna under a paid or free licence.
“Platform” refers specifically to the bundled Arkahna infrastructure and product suite offered as a full-stack deployment framework.
“Order Form” includes any document outlining licence scope, term, SKU, price, or product-specific conditions.
“Perpetual Runtime Licence” means a limited, post-term right for the original Customer to use a specific version of an Arkahna Product indefinitely, without updates or support, and subject to the original licensing scope and transfer limitations.