Terms of Service

1. Who we are

Ark Agency (the “Service”) is provided by Bonce Filip P.F.A., fiscal code (CUI) 54376757, registered in Oradea, Bihor County, Romania (“we”, “us”). You can reach us at support@ark-agency.app.

These Terms are an agreement between us and the business that creates an Ark Agency workspace (“you”, the “Customer”). By creating an account or using the Service, you accept them. If you accept on behalf of a company, you confirm you're allowed to bind it.

2. Business use only

The Service is built for agencies, studios, freelancers and other professionals, and is sold for business purposes only. By using it you confirm you're acting in a professional or commercial capacity and not as a consumer. You must be at least 18 years old to create an account.

3. Accounts, team members and client users

The person who creates a workspace is its owner and acts for the Customer. You can invite team members and give your own clients a client login. Client users only see what belongs to their company, but you decide who gets invited and with what role, and you're responsible for everyone you invite following these Terms.

Keep your login details private and tell us straight away at support@ark-agency.app if you think someone has accessed your account without permission.

4. Plans

The Free plan costs nothing and has limits: a number of team seats, a number of active clients, a number of new posts each month, an amount of file storage and a largest file size, and no AI features, customisation, analytics, reports or Pro layouts. Paid plans remove or raise those limits, as described on our website when you subscribe. Client logins never count as a seat.

If a paid plan ends, the workspace moves to the Free plan. Nothing is deleted and nobody is removed; the Free plan's limits apply from then on to new seats, new or re-activated clients, new posts, new uploads, AI features and changes to customisation. If the workspace holds more files than the Free plan includes, everything stays, but new uploads wait until there's room again. Workspaces created before paid plans existed keep the paid features free for 30 days from the day plans were introduced. Nothing is ever charged unless you choose a paid plan.

5. Plans, payment and renewal

• Paid plans are billed in advance, in US dollars, monthly or yearly as you choose, and renew automatically at the end of each month or year until you cancel. You can switch between monthly and yearly at any time; the change is prorated straight away.
• Early-access price lock: a workspace that subscribes to Pro while it's sold at its early-access price keeps that price, monthly and yearly, for as long as the workspace exists, including if it cancels and subscribes again later. Price changes under the next point don't apply to it.
• Promotional codes give the discount and duration stated with them. When the promotional period ends, the plan renews at its normal price unless you cancel before then.
• Prices on our website don't include VAT. VAT and any other applicable taxes are added where the law requires.
• Payments are handled by Stripe, our payment processor. We never see or store your full card number.
• We issue an invoice for every payment, as required by Romanian law.
• We may change prices with at least 30 days' notice by email. The new price applies from your next billing period after that notice, and you can cancel before it does.
• If a payment fails we'll retry it and let you know. If it's still unpaid 14 days later, we may suspend the workspace until it's settled. Your data isn't deleted during a suspension.

6. Cancellation and refunds

You can cancel at any time. Cancellation takes effect at the end of the period you've already paid for, and you keep access until then. Payments already made are not refunded, except as described in our Refunds and cancellation policy or where the law requires it.

7. Your content

Everything you and your team put into the Service (scripts, videos, briefs, comments, contracts, client details and the rest) is “Your Content” and remains yours. You give us permission to host, store, copy, process and display Your Content only as needed to provide and secure the Service for you, and for no other purpose.

You're responsible for Your Content and for having the rights and permissions it needs, including consent from people who appear in your videos and a lawful basis for any personal data about your clients. When we process personal data on your behalf, our Data Processing Agreement applies and forms part of these Terms.

8. Client credentials

The Service lets you store your clients' login details for their social accounts and other tools. Only store credentials your client has authorised you to hold. We encrypt them before they're saved and limit who in your workspace can see them, but you decide who has that access. We recommend your clients keep two-factor authentication switched on. We're not responsible for misuse of credentials by people you've given access to.

9. Acceptable use

You agree not to:

• break the law or infringe anyone else's rights through the Service;
• upload malware or anything designed to harm the Service or other users;
• try to access workspaces, accounts or data that aren't yours;
• probe, scan or test the Service's security without our written permission;
• resell the Service or use it to build a competing product;
• upload content that is illegal, abusive, or sexualises minors in any way;
• use the Service to send spam or unsolicited messages.

10. AI features

Some features, such as the script assistant, send the text you give them to a third-party AI model to produce a draft. AI output can be wrong or unsuitable, so review it before you use it. Don't put sensitive personal data into AI features. We don't use Your Content to train AI models.

11. Electronic signatures

Contracts signed in the Service use a simple electronic signature, as defined by EU Regulation 910/2014 (eIDAS): the signer types their name and we record it with the time of signing. That's suitable for many commercial agreements but not for every document. It's not a qualified electronic signature, and it's your responsibility to decide whether it's appropriate for a given contract.

12. Third-party services

Optional integrations, such as Google Calendar, Google Drive, Canva, Instagram, Facebook and TikTok, are provided by their own companies under their own terms. We're not responsible for those services, and if one changes or stops working, the matching feature may change or stop too.

When you add a file from Google Drive or a design from Canva, Ark Agency keeps a copy in your workspace. That copy is part of your content: it doesn't change if the original changes, and you're responsible for having the right to use it, as with anything you upload.

13. Availability and changes

We work to keep the Service available and secure, but we can't promise it will be uninterrupted or error-free. We may need short maintenance windows, and we'll try to schedule them outside working hours. We may improve or change features. If we remove something material that you pay for, we'll tell you in advance.

14. Ending the agreement

You can stop using the Service and delete your workspace whenever you like. We may suspend or close an account that seriously or repeatedly breaks these Terms, or where the law requires it. Where we can, we'll warn you first and give you a chance to fix the problem.

You can export your content while your account is active. After a workspace is closed, we delete its content within 30 days, and copies in backups are overwritten within a further 90 days, unless the law requires us to keep something longer (for example, invoices).

15. Our intellectual property

The Service itself, including its software, design and brand, belongs to us. These Terms give you the right to use it while your account is active, not ownership of it. If you send us ideas or feedback, we're free to use them without owing you anything.

16. Confidentiality

We treat Your Content as confidential. Only the people who need it to run, support or secure the Service can access it, and only when they need to, for example when you ask us for help with a specific item.

17. Warranties

We provide the Service with reasonable skill and care. Beyond that, and as far as the law allows, it's provided “as is”, without other guarantees, including that it will fit a particular purpose.

18. Limitation of liability

As far as the law allows:

• neither of us is liable for indirect or consequential losses, such as lost profits, lost revenue or lost business opportunities;
• our total liability to you for all claims in any 12-month period is limited to the amount you paid us for the Service in those 12 months, or €100 if you paid nothing.

Nothing in these Terms limits liability for damage caused intentionally or through gross negligence, or any liability that can't be limited under Romanian law.

19. Your responsibility to us

If someone makes a claim against us because of Your Content or because you broke these Terms, you'll cover the reasonable costs and damages that result, provided we tell you about the claim promptly and let you take part in handling it.

20. Changes to these Terms

We may update these Terms. For changes that matter, we'll email workspace owners at least 30 days before they take effect. If you don't agree, you can cancel before then. Continuing to use the Service after the date means you accept the new version.

21. Law and disputes

These Terms are governed by Romanian law. We'd always rather sort a problem out directly, so please email us first. If we can't agree, the competent courts of Oradea, Bihor County, Romania, will decide.

If any part of these Terms turns out to be unenforceable, the rest still applies. If we don't enforce a right straight away, we haven't given it up.

22. Contact

Bonce Filip P.F.A., Oradea, Bihor County, Romania. Email: support@ark-agency.app.