ARK8 End User Licence Agreement

This document is a draft. 9 details have still to be settled, and they are marked in the text below. It has not been reviewed by a lawyer. Do not rely on it yet — ask us instead, and we will answer the actual question.

Effective to be confirmed

This Agreement is between you and to be confirmed ("we", "us"). It covers the ARK8 application ("the Software"). Read section 7 and section 8 particularly: they limit what we are responsible for if the Software causes you loss, and ARK8 is a tool that runs commands on your own infrastructure.

By installing or using the Software you accept this Agreement. If you do not accept it, do not install the Software, and if you have already paid, contact to be confirmed for a refund under section 6.

1. What you may do

We grant you a personal, non-exclusive, non-transferable, revocable licence to install and use the Software on Mac computers you own or control, for the duration of a valid subscription or licence, for your own internal business or personal purposes.

You may use the Software to administer infrastructure belonging to your employer or your clients. The licence is yours, not theirs.

2. What you may not do

You may not:

redistribute, sell, sublicense, rent or lend the Software;
reverse engineer, decompile or disassemble it, except to the extent that applicable law expressly permits this despite this clause;
remove or obscure any copyright, trademark or other proprietary notice;
use it to break into systems you are not authorised to access;
circumvent its licence checks, or use it beyond the seats you have paid for.

3. What the Software is not

The Software is a client. It connects to infrastructure you already control, using credentials you already hold. We do not operate, monitor, host or take responsibility for your infrastructure, and nothing in the Software creates any obligation on us to keep your systems running, secure, or reachable.

The Software runs commands that you choose, or that a runbook you wrote chooses, on hosts and clusters you point it at. Those commands can be destructive. Some of them — terraform destroy, rm -rf, deleting a Kubernetes PersistentVolumeClaim, restarting a production host — cause permanent loss of data or service, and the Software cannot undo them.

You are responsible for what you run, where you run it, and whether you have a backup. The Software's confirmation prompts, environment labels and safety refusals are aids. They are not a substitute for your own judgement, your own change control, or your own backups, and they can be misconfigured, disabled, or wrong about which environment a host is in.

4. Your credentials and your data

The Software stores connection details on your Mac and secrets in the macOS Keychain. Where you configure it to, it reads secrets from a HashiCorp Vault server you operate and forwards audit events to a SIEM you operate. What leaves your machine, and to whom, is described in the Privacy Policy, which forms part of this Agreement.

You are responsible for the security of the machine the Software runs on. The Software cannot protect stored credentials from someone who has an unlocked session on your Mac.

5. Updates

The Software checks for updates and can install them. We may change, add to, or remove features in an update. We are not obliged to maintain any particular feature, to support any particular version, or to keep the Software working with any third-party system whose interface changes.

6. Payment, term and refunds

Paid plans are billed as described at purchase. Your licence lasts for the paid term and ends when the term ends or when you stop paying.

If the Software does not work for you, tell us within 30 days of purchase at to be confirmed and we will refund that purchase in full. This is in addition to, and does not replace, any statutory right of withdrawal or cancellation you have — consumers in the EU, the UK and elsewhere have rights that this Agreement cannot reduce.

7. No warranty

THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND. To the fullest extent permitted by law, we disclaim all warranties, express, implied and statutory, including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty arising from course of dealing or usage of trade.

We do not warrant that the Software will be uninterrupted, error-free, or free of vulnerabilities; that its safety refusals or environment detection will correctly identify every production system; that it will prevent a destructive command; or that any defect will be corrected.

Some jurisdictions do not allow the exclusion of implied warranties. Where that is so, the exclusions above apply only to the extent permitted, and you may have rights that this section cannot remove.

8. Limit of what we owe you

To the fullest extent permitted by law:

(a) We are not liable for any indirect, incidental, special, consequential, exemplary or punitive damages, nor for lost profits, lost revenue, lost data, lost goodwill, business interruption, the cost of substitute services, or the cost of recreating or restoring data — however caused, on any theory of liability, and whether or not we were told such loss was possible.

(b) Our total liability to you for all claims arising out of or relating to the Software or this Agreement is limited to the greater of (i) the amount you actually paid us for the Software in the twelve months before the event giving rise to the claim, or (ii) fifty United States dollars (USD 50).

(c) These limits apply even if a remedy fails of its essential purpose. They are a fundamental part of the deal between us: the Software is priced on the basis that we do not carry the risk of loss to the infrastructure it is pointed at, which we do not operate and cannot see.

(d) Nothing in this Agreement limits or excludes liability that cannot lawfully be limited or excluded — including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or any other liability that applicable law does not permit to be limited. Some jurisdictions do not allow some of the limitations in (a) and (b); where that is so, they apply only to the extent permitted.

9. You cover claims you cause

You will indemnify and hold us harmless against any claim, loss or expense (including reasonable legal fees) arising from your use of the Software in breach of this Agreement, your access to systems you were not authorised to access, or your violation of any law or third-party right.

10. Third-party components

The Software includes third-party components under their own licences. Those licences are listed in NOTICE and reproduced in full in THIRD-PARTY-LICENSES.md, both shipped with the Software and shown under ARK8 > About ARK8 > Acknowledgements. Nothing in this Agreement reduces any right you have under those licences, and where one of them conflicts with this Agreement in respect of that component, it prevails.

The Software connects to and works with third-party systems and services. We are not responsible for them, for their availability, or for what they do with data you send them through the Software.

11. Trademarks

ARK8 is not affiliated with, endorsed by or sponsored by any third party whose name, logo or mark appears in the Software. Those marks belong to their owners and are used only to identify the systems the Software works with. See the Trademarks section of NOTICE.

12. Ending this Agreement

You may stop using the Software at any time. We may terminate this Agreement if you materially breach it and do not fix the breach within 14 days of us telling you about it. On termination you must stop using the Software and remove it from your machines. Sections 7, 8, 9 and 13 survive termination.

13. General

Governing law. This Agreement is governed by the laws of to be confirmed, without regard to its conflict-of-laws rules. The courts of to be confirmed have exclusive jurisdiction, except that either party may seek injunctive relief anywhere. If you are a consumer, this does not deprive you of the protection of the mandatory law of your own country of residence, or of your right to bring proceedings there.

Severability. If a provision is unenforceable, it is modified to the minimum extent needed to make it enforceable, or severed, and the rest stands.

No waiver. Our not enforcing a provision is not a waiver of it.

Entire agreement. This Agreement, with the Privacy Policy and NOTICE, is the entire agreement between us about the Software, and replaces any earlier statement about it — including anything on our website or in our marketing. Where a statement we have made elsewhere conflicts with this Agreement, tell us: we would rather correct the statement than rely on this clause.

Assignment. You may not assign this Agreement without our written consent. We may assign it as part of a merger, acquisition or sale of assets.

Contact. to be confirmed, to be confirmed — to be confirmed.