Terms and Conditions
These Terms and Conditions (“Terms”) govern your access to and use of the arkIQ mobile application for iOS and Android, related software, dashboards, alerts, connected devices, and smart-water monitoring services (collectively, the “Services”). The Services are provided by arkIQ LLC (“arkIQ,” “we,” “us,” or “our”).
By accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services.
1 Eligibility and Authority
You may use the Services only if you are legally able to enter into these Terms and have been authorized by arkIQ, a property owner, property manager, building administrator, employer, or another authorized organization. If you use the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
2 Accounts and Access
Accounts are created or authorized by arkIQ, property managers, or other authorized administrators. You must provide accurate information, protect your login credentials, and promptly notify arkIQ of suspected unauthorized access. You are responsible for activity performed through your account unless prohibited by applicable law.
Your access may be limited to specific properties, buildings, units, devices, or functions. You may not attempt to access information or controls outside your authorization.
3 Purpose of the Services
The Services may allow authorized residents and property managers to view device status, water-consumption information, sensor readings, alerts, reports, moisture events, toilet activity, temperature or humidity information, and supported valve controls. Available functions depend on the property, installed equipment, connectivity, account permissions, and service configuration.
4 Alerts and Device Information
Alerts and sensor information are intended to assist with monitoring, but they may be delayed, incomplete, inaccurate, unavailable, or not delivered because of internet, cellular, power, gateway, device, server, configuration, maintenance, or other conditions. A lack of an alert does not confirm that no leak, abnormal consumption, equipment issue, or unsafe condition exists.
Users remain responsible for visually inspecting the property when appropriate, maintaining plumbing and connected equipment, responding to observed conditions, and using reasonable judgment.
5 Valve Controls
If valve-control functions are available, only authorized users may operate them. Before opening or closing a valve, you are responsible for confirming that the action is appropriate and will not create an unsafe condition, interrupt essential service, or cause damage. arkIQ is not responsible for actions taken through an authorized account or for consequences arising from incorrect property, device, or valve assignments supplied by a customer or administrator.
6 Acceptable Use
You agree not to:
- Use the Services for unlawful, fraudulent, abusive, or unauthorized purposes.
- Interfere with the operation, security, or integrity of the Services or connected devices.
- Attempt to bypass access controls, probe vulnerabilities, or access another user’s account or data.
- Copy, modify, reverse engineer, decompile, distribute, sell, lease, or exploit the Services except as permitted by law or written authorization.
- Submit malicious code, false information, or content that infringes another person’s rights.
- Use automated methods to extract data from the Services without arkIQ’s written permission.
7 Availability and Changes
We may maintain, update, modify, suspend, or discontinue all or part of the Services. We do not guarantee uninterrupted or error-free operation, compatibility with every device, or continuous availability of any feature. Certain functions may depend on third-party infrastructure, network providers, property equipment, and customer configurations outside arkIQ’s control.
8 Privacy
Our collection and use of personal information are described in the arkIQ Privacy Policy, which is incorporated into these Terms by reference.
9 Intellectual Property
The Services, including their software, design, branding, interfaces, text, graphics, reports, and other content, are owned by arkIQ or its licensors and are protected by intellectual-property laws. Subject to these Terms, arkIQ grants you a limited, non-exclusive, non-transferable, revocable license to use the Services for their intended purpose.
10 Customer and Property Rules
Your use may also be subject to agreements, policies, and instructions issued by the property owner, property manager, building administrator, employer, or organization that authorized your account. arkIQ is not responsible for disputes between users and those organizations concerning account authorization, property access, device assignments, maintenance responsibilities, or use of monitoring information.
11 Suspension and Termination
We or an authorized account administrator may suspend or terminate access if authorization ends, these Terms are violated, security is at risk, fees under a separate customer agreement remain unpaid, or suspension is reasonably necessary to protect the Services, users, or property. Upon termination, your right to use the Services ends immediately.
12 Disclaimer of Warranties
To the fullest extent permitted by law, the Services are provided “as is” and “as available.” arkIQ disclaims all express, implied, and statutory warranties, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and uninterrupted availability. Nothing in these Terms excludes warranties that cannot legally be excluded.
13 Limitation of Liability
To the fullest extent permitted by law, arkIQ and its officers, employees, contractors, affiliates, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of data, revenue, profits, use, or business opportunity arising from or related to the Services.
To the fullest extent permitted by law, arkIQ’s total liability for claims relating to the Services will not exceed the greater of the amount paid directly by you to arkIQ for the Services during the twelve months before the event giving rise to the claim or one hundred U.S. dollars. These limitations do not apply where prohibited by law.
14 Indemnification
To the extent permitted by law, you agree to defend, indemnify, and hold harmless arkIQ and its officers, employees, contractors, and affiliates from claims, damages, liabilities, and reasonable costs arising from your unlawful use of the Services, violation of these Terms, or infringement of another person’s rights. This section does not apply to the extent a claim results from arkIQ’s own conduct or where indemnification is prohibited by law.
15 Governing Law
These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles. Any dispute not subject to another binding written agreement must be brought in a court of competent jurisdiction in Florida, and the parties consent to the jurisdiction of those courts.
16 Changes to These Terms
We may update these Terms from time to time. We will revise the Effective Date and publish the updated Terms at the public URL used for the Services. If required by law, we will provide additional notice. Continued use after updated Terms take effect constitutes acceptance to the extent permitted by law.
17 General Provisions
If any provision is held unenforceable, the remaining provisions will remain effective. Failure to enforce a provision is not a waiver. You may not assign these Terms without arkIQ’s written consent. arkIQ may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, or by operation of law. These Terms, the Privacy Policy, and any applicable written customer agreement constitute the entire agreement concerning your use of the Services. If a customer agreement conflicts with these Terms, the customer agreement controls for that customer relationship.
18 Contact Us
Questions about these Terms may be sent to:
arkIQ LLC
Email: iot@arkiq.io