Terms of Service

These Terms of Service (“Terms”) are a contract between you and ARKHMS LLC, a California limited liability company (“ARKHMS,” “we,” “us”). They govern your access to and use of the ARKHMS customer portal at https://app.arkhms.com and the website at https://www.arkhms.com (the “Services”).

By creating an account or using the Services, you agree to these Terms. If you do not agree, do not use the Services.

• You must be at least 18 years old and able to form a binding contract.
• Accounts are created for you by ARKHMS or by self-registration through our identity provider. You are responsible for everything that happens under your account.
• Keep your sign-in credentials confidential and notify us immediately at [email protected] if you believe your account has been accessed without authorization.
• One account per person. Do not share credentials.

The portal is a record-keeping and communication tool. Through it you can view properties linked to your account, track projects and tasks, review the items and materials installed at your property, upload documents and photographs, and view invoices.

“Your Content” means anything you submit to the portal — photographs, documents, notes, item details, and messages.

• You keep ownership of Your Content.
• You grant us a non-exclusive, worldwide, royalty-free license to host, store, reproduce, and display Your Content solely to operate the Services and perform the work you have asked us to do.
• You represent that you have the right to submit Your Content and that it does not infringe anyone’s rights or violate any law.
• Do not upload Social Security numbers, payment card numbers, bank account or routing numbers, government identification numbers, health records, or any other sensitive personal information. The portal is not designed to safeguard that category of data, and we do not want it. We may delete such content on discovery.
• We may remove content that violates these Terms or the law.

When you upload a receipt or an equipment photograph, we transmit the image to a third-party artificial intelligence service to extract details such as line items, prices, brand, model, and serial number. See our Privacy Policy for who that provider is and how they handle the data.

Automated extraction is not guaranteed to be accurate. Review any extracted values before relying on them. We are not liable for decisions you make based on uncorrected automated output.

You may not:

• Access data belonging to any property or account not linked to you, or attempt to do so by manipulating identifiers, URLs, or requests
• Probe, scan, or test the vulnerability of the Services without our prior written permission
• Interfere with or disrupt the Services or the infrastructure behind them
• Reverse engineer, decompile, or attempt to extract source code
• Use automated means to scrape or harvest data from the Services
• Upload malware or any code intended to damage or gain unauthorized access
• Use the Services to violate any law or infringe anyone’s rights
• Impersonate any person or misrepresent your affiliation

We provide the Services on an as-available basis. We do not guarantee any level of uptime and we may modify, suspend, or discontinue any part of the Services at any time. We will give you reasonable notice before permanently discontinuing the portal, and a reasonable opportunity to export your records.

Access to the portal is provided at no separate charge as part of our services. Charges for physical work are governed by your service agreement and the invoices issued under it. Amounts shown in the portal are records of those invoices, not independent offers.

You may stop using the Services and request account deletion at any time by contacting [email protected]. We may suspend or terminate your access if you breach these Terms, if your business relationship with us ends, or if required by law.

After termination we will retain records as described in Section 6 of the Privacy Policy, including records we are required to keep for tax, warranty, and legal purposes.

EXCEPT AS EXPRESSLY STATED IN THESE TERMS OR IN YOUR SERVICE AGREEMENT, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY DATA WILL BE ACCURATE OR PRESERVED WITHOUT LOSS.

This section does not disclaim any warranty on physical work performed, which is governed by your service agreement and by California law. Nothing in these Terms limits rights that cannot be limited under California law.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARKHMS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF YOUR USE OF THE SERVICES.

OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE PORTAL WILL NOT EXCEED USD $100, OR THE AMOUNT YOU PAID US FOR PORTAL ACCESS IN THE PRECEDING 12 MONTHS, WHICHEVER IS GREATER.

These limits do not apply to liability that cannot be limited under California law, including liability for fraud, gross negligence, willful misconduct, or personal injury caused by our negligence. Cal. Civ. Code § 1668 voids attempts to exempt a party from responsibility for fraud or willful injury — nothing here attempts that.

You will indemnify and hold ARKHMS harmless from claims arising out of Your Content or your violation of these Terms or applicable law, except to the extent the claim arises from our own negligence or misconduct.

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. You and ARKHMS agree that any dispute arising out of or relating to the portal will be brought exclusively in the state or federal courts located in Placer County, California, and both parties consent to personal jurisdiction there.

Nothing in this section prevents either party from bringing an individual claim in small claims court, or from seeking injunctive relief to protect its intellectual property.

We may update these Terms. We will post the updated version with a new effective date and, for material changes, notify you by email or through the portal at least 30 days before they take effect. Continued use after the effective date means you accept the updated Terms.

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between us about the portal, and supersede prior understandings about it.
• Severability. If any provision is unenforceable, the rest remains in effect.
• No waiver. Our failure to enforce a provision is not a waiver.
• Assignment. You may not assign these Terms. We may assign them in connection with a merger, acquisition, or sale of assets.
• Force majeure. Neither party is liable for delays caused by events beyond its reasonable control.

ARKHMS LLC · Lincoln, California · [email protected]