Terms and Conditions

These Terms and Conditions cover your use and access to the Arke product and service (“Arke” or "Service") provided by Intreba BV (“Intreba”). Our Privacy Policy explains how we collect and use your information. By using our Services, you (“User”) agree to be bound by these Terms, and also accept our Privacy Policy.

IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS PRIVACY POLICY, AND TERMS AND CONDITIONS FOR USING THE APP, DO NOT PROCEED AND DO NOT USE THE APP OR SERVICE.

Definitions

  • Content means text, photos, graphics, etc available on the Website or Service
  • Product means Arke
  • Site or Website means www.arke.io
  • Submission means any content that is posted by Users
  • User is an individual or organization or entity which uses the Product and System to invite visitors and also includes one who will be administering the system by using the Arke website.

1: Acceptance of Terms

This Service and the Product used for the Service are offered to you for your acceptance without modification, of the Terms, conditions, and notices contained in this agreement and any operating rules, policies, and procedures that are published on this Website (the “Site”) by Intreba (collectively, the "Terms").

The following Terms govern your access to and use of the Service. Your use of the Service constitutes your agreement to all such Terms. These Terms may be updated by us from time to time by posting a notice on this page. These Terms and Conditions apply to all users of the Service.

2: The Service

Arke provides secured visitor access to Paxton’s Net2 Access Control system, using PIN numbers delivered through text messages (SMS). A user sends a message to the Service to provide access to a visitor who does not have access to the building. Arke generates a temporary PIN and sends it to the visitor who can use it to enter the building.

Intreba commits to use commercially reasonable efforts to ensure the availability of visitor entry services platform for 99% of the available time except when there is a scheduled maintenance or upgrading of software with prior intimation, or emergency maintenance or during any maintenance requested by you or any other User, or any force majeure event, or suspension/termination of User’s account. Intreba uses commercially reasonable efforts to respond to fix any errors as reported by our customers.

3: Changes

Intreba reserves the right to modify or discontinue all or part of the Service, temporarily or permanently, with or without notice to User. The amended Terms and Conditions of this agreement shall be effective immediately after they are initially posted on the Site. User's continued use of the Service after the posting of the amended Terms on the Site constitutes User's affirmative: (a) acknowledgement of the Terms and its modifications; and (b) agreement to abide and be bound by the Terms, as amended. User acknowledges and agrees that Intreba shall not be liable to User or any third party in the event that Intreba exercises its right to modify or discontinue all or part of the Service. You can view the most recent version of these Terms at any time here.

4: Registration

In order to access the Services, you will have to create an account. You must submit a valid email address and select a username and password during the registration process. By electing to use these services, you agree to provide true, accurate, current, and complete information about yourself as prompted by any registration form for the Service, (such information being the “Registration Data”), and you agree to maintain and promptly update the Registration Data to keep it true, accurate, current, and complete.

If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have any reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse to offer you any and all current or future use of the Services or the Site.

You agree to notify Intreba immediately if you suspect any unauthorised use of your account. You are solely responsible for any and all use of your account by any third party.

5: Privacy Policy

We respect your privacy and the use and protection of your Personal Information. Intreba collects certain personal information at the time of registration. Such information and data collected by us about the User will be treated as confidential and protected and used by us in accordance with our privacy policy. You can review the most current version of our Privacy Policy at any time here.

7: User Conduct/Lawful Use

User agrees that use of the site/Service is subject to all applicable International, National, state, and local laws and regulations. User agrees to abide by these laws and is solely responsible for the content of its communications through the Service. User agrees to use Arke for lawful purposes only.

You confirm that use of the System/Platform does not violate any applicable local/national/international laws and also you have obtained necessary permissions from the authorities concerned, to install and use Products/equipments and the Services. Customer also confirms to have obtained permission from their user, and user’s visitors to send messages to them.

Intreba does not monitor the contents uploaded by a user and depend on user’s flagging (reporting) content that breaches terms and conditions. However, if you are found to be involved in any acts of using the service unlawfully, or if it is brought to our notice by another user, you will be advised to remove the content immediately.

Failure to immediately remove the content will result in a cancellation of your account and forfeiture of any fees provided to Intreba. Intreba also reserves the right to remove such prohibited material without warning or notification to the User.

If you encounter any prohibited material on the Site you waive your right to any damages related to such exposure. Such material should be immediately reported to support@intreba.nl. In case of any violation of these Terms Intreba reserves the right to seek all remedies available by law and in equity for such violations.

8: License

The Arke Products/website content are copyrighted and any unauthorised use of any such copyrighted content may violate copyright, trademark, and other laws. This is a license, not a transfer of title, and is subject to the following restrictions: you may not:

Modify, decompile, reverse engineer, or disassemble content or associated software;
Remove any copyright or other proprietary notices from the content;
Copy any part of the content, or the content in whole, without prior authorisation from Intreba.

9: Disclaimer

TO THE FULLEST EXTENT PERMITTED BY LAW, INTREBA AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, ABOUT THE PRODUCT AND SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. INTREBA IS NOT LIABLE FOR ANY STATEMENTS, REPRESENTATIONS OR CONTENT PROVIDED BY ITS USERS IN ANY PUBLIC FORUM, PERSONAL HOME PAGE OR OTHER INTERACTIVE AREA, EVEN IF INTREBA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Intreba does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Arke site or any hyperlinked site or featured in any banner or other advertising.

Intreba further does not warrant that its service will be secure or uninterrupted; the information, links or other items contained within these content will be accurate and complete.

Intreba may make changes to these content at any time without notice. Intreba makes no commitment to update the content. No oral advice or written information given by Intreba, its employees, licensors or the like will create a warranty; nor may you rely on any such information or advice.

10: Limitation of Liability

Intreba provides Services in collaboration with third parties or using third party facilities/services. As a condition of use of the Product/Service, and in consideration of the services provided by Intreba, User agrees that neither Intreba, nor any officer, affiliate, director, shareholder, agent, contractor or employee of Intreba will be liable to User or any third party for any direct, indirect, incidental, special, punitive, or consequential loss of profits, loss of earnings, loss of business opportunities, damages, expenses, or costs resulting directly or indirectly from, or otherwise arising in connection with the Service, Site or Content.

INTREBA SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL. INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE INTREBA SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL INTREBA, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT INTREBA HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES SHALL NOT BE MORE THAN THE AMOUNTS PAID BY YOU TO INTREBA, IF ANY, FOR THE PAST 3 MONTHS OF THE SERVICES IN QUESTION.

11: Indemnification

You agree to indemnify and hold Intreba, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable Lawyers’ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms, your intentional or negligent violations of any applicable laws or governmental regulation, your contractual relation with a third party, or your violation of any rights including but not limited to rights relating to patent or copyright of another.

12: Fees and Payments

Intreba provides a free trial service of Arke and also a paid/subscribed version. If you wish to use the paid version of Arke, you should request a subscription via the prompts in the application. We will get in touch with your listed billing contact to confirm the payment details with them. Once done, the subscription is confirmed and you agree to the payment and invoicing process.

When you have an Arke subscription, you will be issued an invoice within the first few days of every month. The invoice covers your subscription fee for the upcoming month, as well as any credits that weren’t covered by your subscription for the previous month. This invoice should be paid so that Intreba has received payment before the next invoice for the Service is issued, otherwise your Service is likely to be suspended.

When signing up for an Arke subscription, it is likely you’ll sign up in the middle of a month. Intreba will either invoice the first part of the month separately, at a pro-rataed number of days for that part-month, or instead add the pro-rataed days for the subscription on to the next month and issue an invoice for a longer month first of all. Inclusive credits that are included in the first long or short month will also be pro-rataed, so you will receive the correct allocation of included credits.

Arke provides multiple billing models. Your sales representative will communicate this to you in a separate agreement.

Messages sent via Arke (email, SMS or other) will be billed according to the number of credits that are used to deliver the message. Intreba provides estimations for how many credits a message will take within the Arke software, but this may differ depending on character encodings and other factors. This is marked in the application, and the invoice will display the true number of credits used to send your messages. You may contact support@arke.io to clarify the credit estimate prior to receiving your invoice.

If using credits, they are purchased in bundles, at a rate as per the Service homepage or otherwise agreed by Intreba. Credits that are unused in a month are not rolled over for use in the folowing month. You may request an adjustment of your plan should you wish to move to a different package, however, this will be undertaken at the discretion of Intreba - plans will typically not be changed more than once in a three month period.

Intreba may at any time change the availability of the trial or the fees for the Service subject to changes in costs of providing the Service. User should monitor the emails informing such changes. Unless otherwise stated, all fees/charges are not refundable. User agrees that, by using the Service, they and their users accept all associated SMS charges from their telecom provider.

In case of a Charge-back Request from our Merchant bank, we reserve the right to immediately interrupt the service provided to you until the Charge-back Request has been formally settled between Intreba and the Merchant Service Authority. This process may take more than a few weeks.

If you dispute any billing issues, Intreba encourages you to first contact Intreba to resolve such issues to avoid having the service for your account interrupted on notification of a Charge-back. Intreba maintains the right to reject any service to you while a Charge-back Notice is pending investigation by the Merchant Service Authority.

If alternate schedule and payment methods are required to satisfy your organisational requirements we need to be made aware of before the terms and agreements are accepted.

In case of late payments, Intreba maintains the right to charge late payment fees at commercial interest rates.

All subscriptions to the Services renew automatically at the end of the subscription period unless Intreba is issued a cancellation request. Terms of cancellation are explained in section 15.

Intreba charges, by default, in euro (EUR). When we charge you in a custom valuta, we reserve the right to adjust the exact amount charged to you to accomodate valuta fluctiation. If the exchange rate changes more than 10% for 3 consecutive calendar months we'll adjust the rates charged to you after notifying your account administrator about this change.

13: Retention

We'll retain information you provide for so long as we need it to provide you the Services. If you delete your account, we'll also delete this information. But please note: (1) there might be some latency in deleting this information from our servers and back-up storage; and (2) we may retain this information if necessary to comply with our legal obligations, resolve disputes, or enforce our agreements.

14: Proprietary Rights

These Terms do not transfer any right, title, or interest in the Product, Service or the Site Content to User. Subject to the terms of this Agreement, we grant to you a limited, personal, non-exclusive, non-transferable license to use Intreba Site and Service solely to use the service to the extent you have the right to access the service.

Your right to access the Service will be limited by these Terms. Except for this license granted to you, we retain all right, title, and interest in and to the Product/Service, including all related intellectual property rights. Arke is protected by applicable intellectual property laws, including copyright law and international treaties.

Except as otherwise explicitly provided in this Agreement or as may be expressly permitted by applicable law, you will not, and will not permit or authorize third parties to: (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Arke; (b) rent, lease, or sublicense the Service; nor (c) circumvent or disable any security or technological features or measures in the Product/software.

When you post Public Content, you hereby grant (or warrant that the owner of the Content grants) us a royalty-free, perpetual, irrevocable, fully sub-licensable, worldwide, non-exclusive right to use, reproduce, modify, translate, adapt, publish, create derivative works of, transmit, distribute, perform, display, delete (in whole or in part), and incorporate the Public Content for any purpose and without acknowledgement to you. By posting or providing Public Content, you represent and warrant that public posting and use of your Public Content by us will not infringe on or violate the rights of any third party.

If you download, print or display any Intreba Content for personal use you must retain, and you shall not cover or obscure, all copyright and other proprietary notices. You may not use any metatags or other “hidden text” utilising the Intreba name or trademarks or service marks without our express written consent. Any unauthorised use terminates the permission or license granted by Intreba.

Through proper notification, Intreba will remove Submissions that infringe upon the intellectual property rights of another and reserves the right to remove Submissions without prior notice. Intreba assumes no responsibility for monitoring the Site. In the event it chooses to do so at its discretion, Intreba assumes no responsibility for the Submissions or any obligation to remove any inappropriate Submissions or any responsibility for the conduct of a User submitting inappropriate Submissions.

At its sole discretion, Intreba may remove any Submission and/or terminate a User’s account for violating any of these Terms of Use at any time and without notice. Intreba reserves the right, but not the obligation, to take any appropriate legal action for any illegal or unauthorized use of the Site/Service or violation of the Terms and Conditions.

15: Termination/Cancellation

You are free to stop using our Service at any time, by notifying support@arke.io. We will process the request and and will suspend your account. The subscription charge for the month that the cancellation request is received in will remain, no refund will be issued on the monthly charge.

You will pay pro-rata basis for the messages used until the date of cancelation request. We also reserve the right to suspend or end the Services at any time at our discretion and without notice.

For example, we may suspend or terminate your use of the Service if you're not complying with these Terms, or use the Service in a manner that would cause us legal liability, disrupt the Service or disrupt others' use of the Service.

We reserve the right to terminate and delete trial accounts if you haven't accessed our Service for at least 3 consecutive months. We'll of course provide you with notice via the email address associated with your account before we do so.

16: Mobile Usage

The Services mainly include SMS sent or received from your mobile phone, and also features that allow you to access information in your account from your mobile phone. Your mobile service provider may charge you and your Users when using the Service. By using this service, you agree that all mobile phone service provider charges, for you or your Users, remain with the mobile service provider account holder of the service and the user and not with us.

17: Waiver, Severability & Assignment

Intreba's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.

You may not assign any of your rights under these Terms, and any such attempt will be void. Intreba may assign its rights to any of its affiliates or subsidiaries or to any successor in interest of any business associated with the Service to continue to provide services to you.

18: Ability to Accept Terms of Use

You affirm that you are either more than 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.

19: Governing Law

These Terms shall be governed by and construed in accordance with laws of Netherlands without regard to its choice of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms. User hereby consents to personal jurisdiction of the courts located in The District Court of Rotterdam, Rotterdam, South Holland, Netherlands.

Date of last revision: 17/06/2016