Terms of Service

ARK Dynamics Terms of Service

1. Definitions

• “PDK”: Portal Development Kit, a direct-drive 6DOF motion platform.

• “Developers”: Individuals or entities using the PDK for non-commercial testing, development, or prototyping of motion simulation applications.

• “Commercial Settings”: For-profit activities without prior approval from Ark Dynamics.

2. Acceptance of Terms

By using the PDK, you agree to these Terms. If you disagree, you are not authorized to use the product or related services.

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3. Modifications to Terms

We may update these Terms at any time, effective upon posting on our website. Your continued use constitutes acceptance of the revised Terms.

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4. Sim Racing Usage

The PDK is for developers’ testing and development purposes only. Commercial use requires prior approval from Ark Dynamics.

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5. Developer Responsibility

You are responsible for:

• Proper installation, setup, and use per the user manual and safety practices.

• Ensuring all users are aware of risks and take precautions.

• Maintaining a safe environment around the platform, free of hazards.

6. Risk Acknowledgment

Using the PDK carries risks, including:

• Physical injury from sudden movements.

• Property or equipment damage.

• Health risks (e.g., dizziness, motion sickness).

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7. Limited Warranty

The PDK is warranted against manufacturing defects for 90 days from delivery. Within this period, we will repair, replace, or refund defective units at our discretion, provided you contact dev at ark-dynamics.com for authorization. This warranty does not cover misuse, improper installation, or modifications.

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8. Limited Liability and Disclaimer

• No Liability for Injury: Ark Dynamics, its employees, affiliates, and partners are not liable for injury, harm, or damage from PDK use, including improper setup or failure to follow safety instructions.

• No Warranty: The PDK is provided “as is,” without implied warranties of merchantability, fitness, or non-infringement. We do not guarantee error-free or uninterrupted use.

• Indirect Damages: We are not liable for indirect, incidental, special, consequential, or punitive damages (e.g., lost profits, data), even if advised of such possibilities.

9. Refunds and Returns

PDK purchases are non-refundable except for manufacturing defects within 90 days of delivery. Contact dev at ark-dynamics.com for return authorization. Pre-orders may be canceled before shipment with a 10% fee.

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10. Intellectual Property

You retain ownership of content created with the PDK (e.g., motion tracks) but grant Ark Dynamics a non-exclusive, royalty-free license to use, distribute, and promote it within our ecosystem (e.g., RigVerse). We retain all rights to our IP, including patent CA 3217174 C. You may not reverse-engineer or modify the PDK beyond authorized development use.

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11. Termination

We may terminate your access to the PDK and services (e.g., RigVerse) if you violate these Terms, including unauthorized commercial use. Upon termination, you must cease using the PDK and return it if requested.

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12. Governing Law and Dispute Resolution

These Terms are governed by Texas law. Disputes will be resolved through binding arbitration in Austin, Texas, under American Arbitration Association rules, except for small claims. You waive the right to participate in class actions or class-wide arbitration.

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13. Export Controls

You agree to comply with U.S. export control laws (e.g., EAR) and not export the PDK to prohibited countries or entities without authorization.

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14. Severability

If any provision is invalid or unenforceable, the remaining provisions remain in effect.

15. Contact Information

For questions, contact us at:

• Email: dev at ark-dynamics.com

• 3015 North Bay Road, Suite B

• Miami Beach, FL 33140