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Legal Notice

1. Company Information​2. Definitions3. Services and Scope4. Service Level Agreements (SLA)5. Data Protection and Privacy6. Open Source Software7. Intellectual Property8. Limitation of Liability9. Payment Terms10. Governing Law and Jurisdiction11. Modifications to Legal Notice12. Contact Information

Last Updated: February 6, 2025

1. Company Information​

Arkiphere Cloud LLC ("Arkiphere," "we," "us," or "our") is a limited liability company registered in the State of Delaware, United States. This legal notice governs the use of our cloud deployment, IT consulting, and related services. By accessing or using our services, you expressly acknowledge and agree to be bound by all terms and conditions contained herein.

Payment processing services for Arkiphere Cloud LLC are provided by Evolutia Digital LLP, a limited liability partnership registered in the United Kingdom. By engaging our services, you acknowledge and agree that all payment-related matters are subject to Evolutia Digital LLP's terms and conditions, and that Arkiphere bears no responsibility for payment processing issues or disputes.

2. Definitions

Throughout this document, the following terms shall have the meanings defined below:

  • "Services" refers to cloud deployment services, IT consulting, infrastructure management, and related technical services provided by Arkiphere, specifically limited to the provision of cloud infrastructure platform and associated management tools
  • "Client" or "User" refers to any individual, entity, or authorized representative thereof that engages Arkiphere's services, and who assumes full responsibility for all activities conducted through their account
  • Cloud Infrastructure" refers to the virtual computing resources, storage, and networking capabilities provided through our platform, which clients configure and manage at their own discretion and risk
  • "Open Source Solutions" refers to third-party software components, tools, and applications distributed under various open source licenses, for which Arkiphere assumes no liability or warranty obligations
  • "Platform" refers to Arkiphere's cloud infrastructure management system, including its interfaces, APIs, and management tools
  • "Client Content" refers to any data, applications, code, or other materials that clients deploy, transfer, or store using our services, for which clients retain full ownership and responsibility

3. Services and Scope

3.1 Service Description

Arkiphere provides access to cloud infrastructure management services. Our role is strictly limited to:

  • Maintaining the core platform infrastructure
  • Providing access to deployment and management tools
  • Offering technical guidance upon request
  • Maintaining platform documentation

3.2 Client Responsibilities

Clients assume full responsibility for:​

  • All deployment decisions and configurations
  • Security of their deployed applications and systems​
  • Compliance with applicable laws and regulations
  • Backup and disaster recovery of their data and applications
  • Selection and implementation of open source components​
  • Testing and validation of all deployed systems
  • Monitoring and maintenance of their deployed infrastructure

4. Service Level Agreements (SLA)

4.1 Platform Availability

Arkiphere commits to maintaining the following service levels for the core platform infrastructure only:

  • Platform availability: 99.5% measured monthly
  • Platform availability: 99.5% measured monthly
  • Management interface accessibility: 99.9% measured monthly

4.2 Exclusions

The following are explicitly excluded from SLA commitments:

  • Performance or availability of client-deployed applications
  • Issues arising from client configuration errors
  • Problems caused by third-party or open source components​
  • Network issues outside our direct control
  • Scheduled maintenance windows
  • Force majeure events

4.3 Remedies

In the event of SLA violations, remedies are strictly limited to service credits, calculated as a percentage of the affected service's monthly fee. Service credits represent the sole and exclusive remedy for any service level failures.

5. Data Protection and Privacy

5.1 Platform Security

Arkiphere implements industry-standard security measures for the platform infrastructure. However, clients are solely responsible for:

  • Security of their deployed applications and systems​
  • Compliance with data protection regulations
  • Implementation of appropriate security controls
  • Data encryption and access management
  • Security monitoring and incident response

5.2 Data Handling

Clients retain full ownership and responsibility for all data processed through our services. Arkiphere:

  • Does not access client data except when explicitly authorized
  • Makes no warranties regarding data preservation or integrity
  • Bears no responsibility for data loss or breach resulting from client actions
  • Provides infrastructure-level backup tools only, with clients responsible for their proper configuration and testing

6. Open Source Software

6.1 Client Responsibility

Clients assume full responsibility for:​

  • Selection and implementation of open source components​
  • Compliance with open source licenses
  • Security vulnerabilities in chosen components
  • Updates and maintenance of open source software
  • Any issues arising from open source implementation

6.2 Arkiphere's Role

Regarding open source software, Arkiphere's role is strictly limited to:

  • Providing platform compatibility information
  • Maintaining documentation of supported versions
  • Offering general technical guidance

7. Intellectual Property

7.1 Ownership

The following ownership principles apply:

  • Arkiphere retains all rights to the platform and its proprietary tools
  • Clients retain all rights to their deployed applications and data
  • Open source components remain subject to their respective licenses

7.2 Restrictions

Clients may not:

  • Modify or reverse engineer the platform
  • Remove or alter any proprietary notices
  • Access the platform through unauthorized means
  • Resell or redistribute platform access without authorization

8. Limitation of Liability

8.1 Warranty Disclaimer

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND. ARKIPHERE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8.2 Liability Limitations

Under no circumstances shall Arkiphere be liable for:

  • Performance, security, or reliability of client-deployed systems
  • Data loss or breach resulting from client actions
  • Business losses or damages arising from service use
  • Problems caused by third-party or open source components​
  • Consequential, indirect, or incidental damages

8.3 Liability Cap

In any event, Arkiphere's total liability shall not exceed the amount paid by the client for the affected service during the three months preceding the claim.

9. Payment Terms

9.1 Processing

All payments are processed exclusively through Evolutia Digital LLP. By using our services, you agree that:

  • All payment disputes must be addressed directly with Evolutia Digital LLP
  • Arkiphere bears no responsibility for payment processing issues
  • Service access may be suspended for payment failures
  • Fees are non-refundable unless explicitly stated otherwise

10. Governing Law and Jurisdiction

10.1 Applicable Law

This agreement is governed exclusively by the laws of the State of Delaware, United States, without regard to its conflict of law principles.

10.2 Dispute Resolution

Any dispute arising from or relating to these services shall be subject to the exclusive jurisdiction of the courts of Delaware. Clients agree to:

  • Submit to the personal jurisdiction of Delaware courts
  • Waive any objection to venue in Delaware
  • Resolve disputes through negotiation before pursuing legal action
  • Bear their own legal costs regardless of outcome

11. Modifications to Legal Notice

Arkiphere reserves the right to modify this legal notice at any time without prior notice. Changes become effective immediately upon posting to our website. Continued use of services constitutes acceptance of modifications. Clients are responsible for:

  • Regularly reviewing this legal notice
  • Understanding and complying with any changes
  • Discontinuing service use if they do not agree with modifications

12. Contact Information

For legal notices only:

Arkiphere Cloud LLC

Email: legal@arkiphere.com

All other inquiries must be directed through appropriate support channels as specified in service documentation.