Terms of Service
The legal terms governing your use of ArkAI products, software, and services provided by Microark Sdn. Bhd.
1. Acceptance of Terms
1.1 These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Client”, “User”, or “you”) and Microark Sdn. Bhd. (“Microark”, “Company”, “we”, “us”, or “our”), governing your access to and use of our website (myarkai.com), ArkAI AI Employees, chatbots, messaging integrations, APIs, and associated services (collectively, the “Services”).
1.2 By registering for an account, purchasing a subscription, or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you are entering into these Terms on behalf of a company, you represent that you have authority to bind that entity.
2. Description of Services
2.1 ArkAI provides autonomous 24/7 AI agent workforce solutions for businesses, including Sales AI Agents, Customer Support Leads, Booking Specialists, CRM tagging, WhatsApp messaging automations, Google Sheets lead exports, and Google Calendar scheduling integrations.
2.2 Our subscriptions include 100% Done-For-You AI Specialist setup, where our technical team assists in building, training, and configuring your AI workforce.
3. User Account & Security
3.1 You are responsible for maintaining the confidentiality of your account credentials and connected API keys.
3.2 You must notify Microark Sdn. Bhd. immediately at contactus@micro-ark.com upon becoming aware of any unauthorized access to your account.
4. Acceptable Use & Anti-Spam Policy
4.1 You agree to use the Services in compliance with all applicable Malaysian laws and Meta/WhatsApp Business API Policies.
4.2 You strictly agree NOT to use ArkAI to:
- Send unsolicited spam messages, illegal promotions, or deceptive schemes.
- Transmit offensive, defamatory, fraudulent, or abusive content.
- Violate third-party intellectual property or privacy rights.
- Attempt to reverse-engineer, decompile, or compromise the security of the ArkAI platform.
5. Subscription, Pricing & Billing
5.1 ArkAI offers subscription packages (e.g. Starter Plan starting at RM 250/mo on 1-Year Subscription). Subscription fees are billed in advance according to the selected billing cycle.
5.2 All fees paid are non-refundable unless explicitly stated in writing or required by law.
5.3 Microark Sdn. Bhd. reserves the right to adjust subscription rates upon providing 30 days prior notice to existing account holders.
6. Intellectual Property Rights
6.1 Microark Sdn. Bhd. retains all ownership, title, and intellectual property rights in the ArkAI platform, software code, UI designs, brand marks, and underlying AI workflow engines.
6.2 Subject to compliance with these Terms, Microark grants you a limited, non-exclusive, non-transferable license to access and use the Services during your subscription term.
7. Client Data Ownership & Privacy
7.1 You retain full ownership of all data, customer records, and files submitted to your ArkAI account ("Client Data").
7.2 We process Client Data in accordance with our Privacy Policy and the Malaysian Personal Data Protection Act 2010 (PDPA). Client Data is never sold or disclosed to third-party data brokers.
8. Third-Party Integrations & AI Models
8.1 ArkAI integrates with third-party providers, including OpenAI for language model processing, Meta for WhatsApp Business messaging, and Google for Calendar/Sheets sync.
8.2 Your use of third-party features is subject to the respective terms and policies of those third-party providers. Microark Sdn. Bhd. is not liable for temporary service interruptions caused by third-party API outages.
9. Service Level & Disclaimer of Warranties
9.1 We strive to maintain 99.9% platform availability. However, the Services are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind.
9.2 Clients are responsible for reviewing AI-generated responses for accuracy before relying on them for critical business decisions.
10. Limitation of Liability & Indemnification
10.1 To the maximum extent permitted by Malaysian law, Microark Sdn. Bhd. shall not be liable for any indirect, incidental, or consequential damages arising from the use or inability to use the Services.
10.2 In no event shall Microark's aggregate liability exceed the total subscription fees paid by you to Microark in the 12 months preceding the claim.
11. Term & Termination
11.1 Either party may terminate the agreement upon written notice if the other party materially breaches these Terms and fails to cure such breach within 14 days.
11.2 Upon termination, access to the Services will cease, and stored data will be handled in accordance with our data retention policy.
12. Governing Law & Contact Details
These Terms are governed by and construed in accordance with the laws of Malaysia. Courts of Kuala Lumpur/Selangor shall have exclusive jurisdiction over any disputes.