INTRODUCTION

PLEASE READ THE TERMS OF SERVICE AS THEY CONTAIN IMPORTANT INFORMATION REGARDING THE USER´S LEGAL RIGHTS AND OBLIGATIONS WHEN USING ARKBOX.

Welcome to ARKBOX, is an online platform available in www.arbox.co (here in after “ARKBOX” or “Service” or “Platform”). The Platform allows the User (here i nafter User(s)) to manage and program the contents of their multiple screens remotely, making it very easy, dynamic and in real time.

The User(s) of ARKBOX accept the following Terms and Conditions of Use and Privacy Policy (“Terms and Conditions”). ARKBOX is owned by TEKUS S.A.S, who is committed to protect the information of the Users according with the United States law and other international standards that govern the privacy of the information and data protection, among others.

Definitions

  • Service: this is what ARKBOX offers in management services and multimedia content programming in Digital Screens.

  • User: is the person who will use the services offered by ARKBOX.

  • Platform: is a set of digital tools available on a web portal that allows Users to easily manage and program the multimedia contents of their multiple screens remotely, making it very easy, dynamic and in Real Time.

  • General Data Protection Regulation: is the new regulation that regulates the protection of data of citizens living in the European Union.

ARKBOX TERMS AND CONDITIONS

1. Acceptance of Terms and Conditions

At the time a User logs in or connects with the Platform, the User understands and accepts the Terms and Conditions including the Privacy Policy of ARKBOX. The User accepts all applicable laws and regulations regarding the access and connectivity to the ARKBOX Platform. If the User does not accept any of the Terms and Conditions, the User should not connect or access ARKBOX in any way.

The Terms and Conditions and Privacy Policy of ARKBOX may be updated from time to time with or without notice. ARKBOX will make a reasonable effort to publish the Terms and Conditions once they changed substantially. ARKBOX will update the date of the last review, which appears at the bottom of the Terms and Conditions and Privacy Policy.

The User has the responsibility to comply with all laws, regulations, or any other obligations related to the service. ARKBOX recommends the User to carefully review the Terms and Conditions prior to making any purchase of service.

The User grants permission to access, organize, store and manage the Information of Third Party Sites as permitted in the Terms and Conditions and Privacy Policy that govern them.

2. Definition of the Platform ARKBOX

ARKBOX is an online Platform available in www.ARKBOX.co, which allows the User to manage and program the contents of their multiple screens remotely, making it very easy, dynamic and in real time.

3. General Conditions

The User can access the website or download the Planform from Google Play, Apps Store or other platform that allows downloading. The User can complete the registration process by creating a profile in accordance with the registration procedure described below.

To access the Platform the User must create an account, select one of the plans offered in the Platform and make the payment. Subsequently, the User must connect the Platform with other applications or Third Party Sites.

The Information of Third Party Sites will be used and managed by the User. ARKBOX only organizes the information, which disclaims responsibility for the accuracy and legality of it. The Information of Third Party Sites will be governed and regulated by the Terms and Conditions and Privacy Policy of the Third Party Sites.

4. ARKBOX Account Creation

The ARKBOX Account will be the administrator account in which the Administrator User can name other Users that can manage, access and program the contents of their multiple screens remotely corresponding to that ARKBOX Account.

To create the ARKBOX Account the Administrator User must complete a format with the following data: account name, identification, telephone, email, address, time zone and subdomain name.

The Administrator User will also be requested to register by filling in his name, surname, company name, identification document, active e-mail address, telephone number and a password for each User that can access the ARKBOX Account.

The Administrator User may at any time update his registration data and the ARKBOX Account data, except for the name of the subdomain. Likewise, the User can add or delete Users that can access the ARKBOX Account created by him and authorize other Users as Users Administrators.

5. Registration of Users authorized to access the ARKBOX Account

Users authorized by the User Administrator will receive an email that will take them to register in the Platform and ask them for their username, name, surname, company name, identification document, active email, telephone and password. The password must be handled with confidentiality at all times.

By registering on ARKBOX, the User affirms that he / she is of legal age and accepts these Terms and Conditions. If the User is not of legal age, you must not use the Platform, nor provide ARKBOX any of your personal data. ARKBOX reserves the right to request an age test at any time in order to verify that minors are not using ARKBOX. In the event that ARKBOX is aware that a minor is using the Platform ARKBOX may prohibit and block the use and access of such User and will quickly eliminate any personal information in relation to the minor age User. ARKBOX reserves the right to perform the verification of data provided in the registration process and to grant access to the Platform.

ARKBOX will give access to the Platform to Registered Users who have created an account. In doing so, it grants permissions and will be sent to a link to access ARKBOX, which allows the User to use the Platform.

The User can enable a second confirmatory factor to enter the account, that is, it will be asked to enter username and password and then enter the Verification Code delivered by the enabled Platform. This feature can be enabled by entering in the menu “My Account”.

In the event that the User forgets or loses his password, he can reset it in the Platform and he will receive an email the the User must confirm to recover the password. Then, in the Platform you can choose a new password that allows access.

In the event that the User can not recover his password in the Platform, he must request it by email to soporte\@tekus.co who will help the User according to the Internal Policies of Service.

6. Profile Setup

By registering in the Platform, the User at any time can modify or complete the profile by entering to \”Profile Settings\” and adding information as name, surname and telephone. The Users have the option to authorize receiving notifications by email of leads, generated by Third Party Sites.

In the Profile Settings the User can also change the password at any time, which must be handled with confidentiality at all times.

The User must provide only true, accurate and complete information when registering in the Platform. Otherwise, the Platform cannot provide a good service and optimum time delivering the service.

By registering on the Platform, the User states she or he is over 18 years old and agrees to these Terms and Conditions. If the User is not over that age, he should not use the Platform or provide any personal data. ARKBOX reserves the right to request proof of age at any time to verify that minors are not using the Platform. In case ARKBOX is aware that a minor is using the Platform, ARKBOX may prohibit and prevent the User to access the Platform and will remove any personal information in connection with such User.

7. Users Responsibilities

The responsibilities of the Users imposed by the laws and regulations, are the following:

7.1. Maintaining the profile information confidential.

7.2. Being over age and providing any documentation required by ARKBOX.

7.3. Providing accurate data when completing the registration process.

8. Security politics

ARKBOX will take the necessary measures to safeguard the security or protection of the data and the secret password of the User. In case of changes in the information registered in the Platform, or in case of any irregularity or simply as a protection of the identity of the User, ARKBOX may contact the User by telephone or email, in order to corroborate the changes and try to avoid possible Frauds.

The personal data that are voluntarily delivered to the Platform can only be processed by ARKBOX for automatic filling of the documents and for the operation of the Platform; such information will not be delivered to third parties.

The User may revoke the authorization to use his or her personal data in accordance with the Habeas Data Law or rules that regulate Data Protection issues. For this you can contact ARKBOX through a customer service e-mail

9. Prices informed in the Platform

Any changes in the information published in the Platform, including services, prices, conditions, promotions and offers, will be published and will have effect for future transactions, without affecting, in any case, the rights acquired by the User on previously agreed services.

10. Payment Methods

The User will make the payment for the services through Stripe, a payment services connected to the Platform by which the User shall be subject to the Terms and Conditions of Stripe.

All aspects related to the User and the payment method, such as the information of the credit card, date of issuance, expiration, fit, locks, etc., should be subject to the agreement between the User and the credit card Issuer.

11. Security Policy

ARKBOX takes all needed measures to protect and secure the User´s information. If the information recorded on the Platform has any irregularities with the payment method, or simply as a measure to protect the information, ARKBOX may contact the User by telephone or email, in order to validate any changes and to try to prevent fraud.

The personal data provided voluntarily in the Platform should only be treated by ARKBOX for automatic filling of documents, receipts or vouchers associated with transactions and means of payment, it will not be released to third parties.

The User can revoke the authorization to use the information under the Data Protection Act, so Users any time can change their personal information registered in the Platform and contact ARKBOX by phone or email [soporte\@tekus.co]{.underline}.

12. Price of the Platform Services

ARKBOX can change the information posted on the Platform, including services, prices, conditions, promotions and offers. The information posted will have effect on future operations, without affecting in any case, the rights acquired by the User on past transactions.

  1. How to purchase an ARKBOX Service

The Administrator User can purchase the service available in the Platform by following the steps below:

  • Once the ARKBOX Account has been created and the registered User has been created, the User Administrator can choose the means of payment, bank payment, cash payment or credit card.

  • Once the system validates the payment, it will activate the access in the Platform to manage and program the contents of its multiple screens remotely.

  • The values charged for the services will be inform in the Invoice, such as taxes and additional expenses.

14. Means of Payment for the Platform

The User will have the option to make the payment for the services by means of, payment in cash, bank transfer or payment by Credit Card.

All aspects related to the use of the Credit Card as its date of issue, expiration, quota, blockages, etc., will be subject to the agreement between the User and the financial or banking entity.

15. Service Warranty purchased from ARKBOX

ARKBOX grants to the User a legal guarantee of the service purchased in accordance with the Law 1480 of 2011 Article 7, the guarantee is given offering a high quality in the provision of the service and not in the result of it.

Therefore, in the event of any complaint or claim about the service, the User may contact ARKBOX by email or telephone. The contact details of ARKBOX can be found in the last part of this document.

16. Restriction of Use

The Users cannot, directly or through any third person, execute the following activities:

  • Use ARKBOX for illicit, illegal or unauthorized purposes.

  • Use ARKBOX in any form for spam activities or similar conduct.

  • Allow access to unauthorized Users and minors. The User assumes all responsibility for the unauthorized User or minor that access ARKBOX on their behalf.

  • Use ARKBOX with unauthorized purpose.

  • Interfere with or disrupt the operation of ARKBOX or of the servers or networks that host ARKBOX, or disobey laws, regulations, requirements, procedures, policies or regulations of such servers or networks.

  • Publish or otherwise make available through ARKBOX any content, text or information that is abusive, threatening, obscene, or offensive in any manner.

  • Provide false information on ARKBOX, either directly or indirectly.

  • Misrepresent your affiliation with any person or entity, or publishing false or inaccurate information in ARKBOX.

  • Transmit, distribute, display or make available through or in connection with ARKBOX any content, including content generated by the User, which may infringe third party rights, including intellectual property rights and privacy rights, or it can contain any illegal content.

  • Make screenshots, linking, hot linking, link, indexing or redirecting to unauthorized Third Party Sites.

  • Take any action that imposes or may impose, at the discretion of ARKBOX, an unreasonable or disproportionately large content load on the infrastructure of the platform.

  • Violating security measures in order to prevent or restrict access to ARKBOX.

  • Copy, modify, alter, adapt, make available, translate, or disassemble any part of ARKBOX.

  • Create a browser frame (framing), or graphical User interface (GUI) about ARKBOX without permission.

  • Affecting the security of the ARKBOX Platform by sending personal information and contact information (such as emails, phone numbers, etc.) to other Users in order not to do illicit activities.

  • Perform any activities that is contrary to public policy and strict compliance rules that govern this type of Internet activities.

In case of any violation to the provisions of the Terms and Conditions, ARKBOX can cancel the User\’s account and may initiate legal action.

As a condition for using ARKBOX, the User agrees and warrants that:

  • Will not infringe or violate the Terms and Conditions of ARKBOX.

  • Has the legal capacity to enter into these Terms and Conditions and form a binding agreement under any applicable law.

  • Commit to use ARKBOX in accordance with the Terms and Conditions, and fully comply with its obligations.

  • In the exercise of the Terms and Conditions, the User will not violate any other agreement to which the User is bound by provision of any law, rule, regulation, order or judgement.

  • ARKBOX, its officers, directors, employees, agents and contractors are independent and have no employment relationship or some sort of labor relationship with any User or the account.

17. Alliances with other Online Applications

ARKBOX reserves the right to make connections with other applications or companies, which can use the information provided by the User for the purpose of displaying advertisement through the service in accordance with the Terms and Conditions of ARKBOX.

ARKBOX, in compliance with the provisions of Intellectual Property and Copyright provides:

  • Users can upload their own materials subject to the laws and regulations concerning intellectual property. This material will be subject to the rules and regulations related with Copyright (hereinafter \”Content generated by the User\”).

  • The User understands and agrees that is the owner and responsible for the content loaded in the Application and Information of Third Party Sites. Also, it assumes all consequences holding ARKBOX harmless of any legal liability (even after the User´s account is canceled regardless of the reason) from any third party claims.

  • The User states that he is the author and owner of the uploaded content on the Platform, or has all necessary licenses, rights, consents and permissions from their rightful owners, which are required to publish and ensure they do not infringe the copyright of third parties or other rights.

  • The User agrees not to upload any content that is illegal or if at the time of publication was legal has been subsequently declared illegal.

  • The User agrees that ARKBOX can retain indefinitely any content entered in the Platform for purpose of having the information available in case the account is renewed.

19. ARKBOX User License

The platform and its Content are owned by ARKBOX or ARKBOX licensors. The user of the Platform acquires a limited, non-exclusive, non-transferable and revocable license to the Users of ARKBOX service, and a limited, non-exclusive and revocable license to make personal, non-commercial use of the Content (the “License”). This License will remain valid until the User or ARKBOX cancels it.

ARKBOX software and all Content are granted to the User under license, not sale, and ARKBOX and its licensors retain ownership of all copies of ARKBOX software and their Content, even after installing them on their Personal computer, mobile device, tablet, or any other similar device (“Devices”).

20. Privacy Policy

ARKBOX respects the User´s privacy and its handling is described in detail in the ARKBOX Privacy Policy, which is an integral part of this document. It is understood that the User knows and accepts the Privacy Policy once registered as User in the Platform.

21. ARKBOX Trademark

The brand, logo, advertising, slogan and all other related identifiers are owned by ARKBOX, whether is or not registered. Other trademarks, service brands, trade names and logos appearing on ARKBOX trademarks belong to their respective owners (\”Third Party Brands\”). No right, license or interest on brands of ARKBOX or third-party trademarks is granted hereunder. The User agrees that there is no right; license or interest with respect to brands of ARKBOX or third-party trademarks and therefore the User will avoid using any of these brands without authorization. ARKBOX´s brands and Third Parties’ brands are governed by the rules and regulation of intellectual property and other laws.

ARKBOX may contain links to third party websites (\”Third Party Sites\”), which may be suggested by ARKBOX or shared by any User. The User acknowledge that ARKBOX has no control over such Third Party Sites or the Information of Third Party Sites, and acknowledge and agree that ARKBOX is not responsible for the availability of Third Party Sites, nor for the information, service, content, advertising, products or any materials available on them. The User further acknowledge and agrees that ARKBOX is not liable, directly or indirectly, for any damage or loss that is caused by Other User of any service, content, products or other materials available through Third Party Sites. The Third Party Sites are governed by their respective Terms and Conditions and Privacy Policy. The User must know and accept such documents before using Third Party Sites.

23. Advertisements

ARKBOX can integrate ads or sponsored links to the Platform. If a User clicks on the ads can be transferred to a website of an advertiser, a messages page, information page or to an offer. All information contained in the advertisements belong exclusively to the advertisers. ARKBOX has no representation in these ads, nor has control over those ads. ARKBOX, advertisers or third parties related thereto may be entitled to certain profits of such advertisements. The User agrees and acknowledges that they have no right or interest, and that will not be granted rights or guarantees with respect to the revenue from the ads.

24. Viability and Functionality

The viability and functionality of ARKBOX depends on various factors, such as communication networks, software, hardware, service providers and contractors. ARKBOX does not guarantee that the Platform will work at all times without interruption, or is immune from unauthorized access or error free. ARKBOX will do everything possible at all times to ensure that the provision and operation of the Platform is in good condition and that the User can access without any problem.

25. Information of Personal Profile

The User may, at any time, change, edit, correct or delete any information contained in the User´s personal profile. Also, the User can cancel at any time their registration or account in ARKBOX. The User´s information will be filled by ARKBOX in the event the User wants to renew service.

26. Disclaimer of Warranties

ARKBOX, INCLUDING ALL SERVER AND NETWORK COMPONENTS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW, AND ARKBOX EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE USER ACKNOWLEDGE THAT ARKBOX DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE FROM VIRUSES OR OTHER MALICIOUS SOFTWARE, AND NO INFORMATION OR ADVICE OBTAINED BY THE USER FROM ARKBOX OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

27. Guaranty and Liability

THE USE OF THE PLATFORM AND THE PURCHASE OF ANY SERVICE IS EXCLUSIVE RESPONSIBILITY OF THE USER TO THEIR OWN RISK. ARKBOX IS NOT LIABLE FOR DAMAGES ARISING FROM ANY EVENT RELATED WITH THE USE OR INABILITY TO USE THE PLATFORM WHETHER ARKBOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EXCEPT WHERE IS MANDATORY LIABLE, IN WHICH EVENT LIABILITY FOR DAMAGES IS LIMITED TO THE PURCHASE PRICE OF THE SERVICE.

28. Intellectual Property Rights

ARKBOX respects the intellectual property rights of others. If the User believes that any work has been copied or otherwise used breaching a copyright, the User must inform by writing to ARKBOX with the following information: (i) Contact information of the person authorized to act on behalf of the rights of the author; (ii) a description of the copyright work that has been infringed; (iii) a description of the material being violated or to which access will be disabled and the location of the material (including URL address); (iv) a statement that the User believes in good faith that the material used is not authorized by the creator; and (v) a statement that the information in the notification is accurate and that the User is the owner of the copyright.

29. Changes in Terms and Conditions

ARKBOX may change the Terms and Conditions and Privacy Policy at any time. If substantial changes are made, ARKBOX will notify the Users through the platform. The Terms and Conditions can be modified to comply with legal requirements, it´s changes can take effect even immediately, or as required by law and without prior notice. Users must, after the entry into force of the new changes, read and indicate it´s acceptance. ARKBOX recommends the User to review the Terms and Conditions from time to time, as they can change. If the User do not agree with the amendment to the Terms and Conditions or Privacy Policy he may cancel the account in the Platform.

30. General

  • These Terms and Conditions shall not be taken as a relationship, partnership, joint venture, employee-employer relationship, agency or franchisor-franchisee relationship between ARKBOX and the User or third parties related.

  • Any claim relating to ARKBOX or the User shall be governed by the laws, decisions, documents and treaties between international laws related to intellectual property, data protection and other related services on the internet materials.

  • In case of any dispute between the User and ARKBOX regarding the Terms and Conditions, the parties can carry the differences before a Court in Colombia and accept that such courts are competent to solve disputes and claims. The laws of Colombia govern the Terms and Conditions and any claim that might arise between the User and the Platform, regardless of any law provisions’ conflicts.

  • If any provision in these Terms and Conditions is unlawful, void, or unenforceable, that provision shall be deemed severable from this document and will not affect the validity and enforceability of the remaining provisions.

  • These terms are the current Terms and Conditions and supersede any previous verbal or written agreement between the User and ARKBOX.

31. Concerns or Questions

If the User has any questions (or comments) about the Terms and Conditions and / or Privacy Policy, the User can send an email to the following address: soporte@tekus.co, ARKBOX will respond shortly.

32. Notification and Contact ARKBOX

TEKUS S.A.S. is located at the following address and the contact details are as follows

Carrera 83 #35-29
Medellín, Colombia

Tel (574) 6043035

Last Updated July 30, 2018