ARK Dynamics Terms of Service
Effective Date: 9/15/24
Welcome to ARK Dynamics, the provider of the Portal Development Kit (PDK)—a direct-drive 6DOF motion platform designed for developers working with advanced motion simulation technology. By purchasing, accessing, or using the PDK, you agree to the terms outlined below. Please read carefully before proceeding.
All these provisions and our privacy principles are based on the provisions of the law resulting from the California Consumer Privacy Act of 2018 and Regulation 2016/679 of the European Parliament and the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC (the GDPR). Due to our special attention to the processing of personal data, our practices also comply with the UK Data Protection Act 2018, Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA), and Japan’s Act on the Protection of Personal Information (APPI).
1. Acceptance of Terms
By using the PDK, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree, you are not authorized to use the product or any related services provided by ARK Dynamics.
2. Modifications to the Terms
ARK Dynamics reserves the right to modify or update these Terms at any time. Any changes will be effective immediately upon posting on our website. It is your responsibility to regularly check for updates. Your continued use of the product constitutes acceptance of the revised Terms.
3. Product Usage
The PDK is intended solely for developers for testing and development purposes. Use of this platform for any purpose beyond development or in commercial settings is prohibited unless prior approval is granted by ARK Dynamics.
4. Developer Responsibility
As a user, you are responsible for the following:
- Proper installation, setup, and use of the KPDK in compliance with the instructions provided in the user manual and the best safety practices of motion simulation.
- Ensuring that you and anyone else using the device are aware of the potential risks and take necessary precautions.
- Maintaining a safe environment around the platform, free of any objects that could cause harm or be damaged during operation.
5. Risk Acknowledgment and Assumption
You acknowledge that the use of a 6DOF motion platform like the PDK carries inherent risks. These include, but are not limited to:
- Physical injury to yourself or others from sudden or uncontrolled movements of the platform.
- Damage to property or equipment in the surrounding environment.
- Potential health risks, including dizziness, disorientation, or motion sickness.
6. Limited Liability and Disclaimer
No Liability for Injury: ARK Dynamics, its employees, affiliates, and partners are not liable for any injury, harm, or damage resulting from your use of the PDK, whether due to improper use, inadequate setup, failure to follow safety instructions, or unforeseen product behavior.
No Warranty: The KPDK is provided “as is,” without any express or implied warranties, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. ARK Dynamics does not guarantee that the product will be error-free, uninterrupted, or immune to potential hardware or software issues.
Indirect Damages: Under no circumstances shall ARK Dynamics be liable for any indirect, incidental, special, consequential, or punitive damages (including but not limited to lost profits or data), even if ARK Dynamics has been advised of the possibility of such damages.
7. Indemnification
These Terms will be governed by and construed in accordance with the laws of the State of Florida in the United States. Any disputes arising out of or relating to these Terms or the use of the PDK will be settled in the courts of Florida in the State of United States.
9. Severability
If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions will remain in full force and effect.
10. Contact Information
If you have any questions or concerns regarding these Terms, please contact us at:
- Email: [Insert Contact Email]
- Phone: [Insert Contact Number]
- Address: [Insert Physical Address]
By purchasing or using the PDK, you agree to abide by these Terms of Service.
