AI Ark Terms and Conditions

Last updated: October, 2025

These Terms and Conditions (“Terms”) govern your access to and use of the AI Ark platform, website, browser extensions, APIs, integrations, and associated services (collectively, the “Service”). The Service is provided and operated by AI Ark, located at 1209 North Orange Street, Wilmington, DE 19801, United States (“AI Ark,” “we,” “us,” or “our”).

By registering for an account, clicking “I agree,” or using the Service, you agree to be bound by these Terms. Your use of the Service is also governed by our Privacy Policy (ai-ark.com/privacy-policy), which explains how we collect, use, and protect your personal information.

1. Accounts, Authorized Users, and Security

1.1 Eligibility and Authority

You represent and warrant that you are at least 18 years old and have the authority to bind the company or organization on whose behalf you create an account.

1.2 Accounts and Authorized Users

• An “Account” is the primary account registered to your organization.
• “Authorized Users” are your employees, contractors, or agents who are authorized by you to access the Service under your Account and who are bound by obligations no less protective than these Terms.
• Each seat in your subscription is allocated to one named Authorized User and may not be shared or used by multiple individuals, whether concurrently or sequentially.

1.3 Seat Allocation and Login Sharing

• Your subscription plan includes a designated number of user seats.
• Every Authorized User within your organization must use their own distinct login credentials.
• Sharing a single login (username and password) between multiple individuals, or creating multiple Accounts to circumvent seat or usage limits, is strictly prohibited.
• We actively monitor account activity for concurrent logins, irregular IP patterns, and suspicious usage. Violation of this policy may result in immediate suspension or termination of your Account without notice or refund.

1.4 Account Security and Responsibility

You are responsible for:

• Maintaining the confidentiality of your login credentials.
• Ensuring that Authorized Users comply with these Terms and your internal policies.
• Promptly revoking access for any Authorized User who leaves your organization or should no longer have access.
• Immediately notifying us of any actual or suspected unauthorized access to your Account or the Service.

You are liable for all activities that occur under your Account, whether by Authorized Users or by anyone using their credentials.

2. Subscription Term, Auto‑Renewal, Billing, and Cancellations

2.1 Subscription Term and Auto‑Renewal

Unless otherwise agreed in an order form or online checkout, subscriptions are sold for a monthly or annual term as described at the time of purchase (the “Subscription Term”). Your subscription will automatically renew for successive Subscription Terms of the same length unless you cancel in accordance with these Terms. You may cancel auto‑renewal at any time through your account settings or by contacting support; cancellation will take effect at the end of the then‑current Subscription Term.

2.2 Fees, Taxes, and Payment

Fees are due in advance for each Subscription Term and are non‑cancellable and non‑refundable except as expressly stated in these Terms. All fees are exclusive of sales, use, VAT, GST, or other taxes, which you are responsible for paying as applicable. You authorize us (and our payment processors) to charge all amounts for the Subscription Term and any additional purchases (such as credit top‑ups) to your selected payment method.

2.3 All Sales Final and No Refunds

AI Ark maintains a strict no‑refund policy. All purchases, subscriptions, and credit top‑ups are non‑refundable, including when you downgrade, cancel, or fail to use the Service or available credits.

2.4 Pricing and Plan Changes

We may modify our pricing, subscription tiers, credit allocations, and features effective as of the start of your next Subscription Term. We will provide you with notice of changes (for example, by email or in‑app notification) at least thirty (30) days before the start of the next Subscription Term. Continued use of the Service after the effective date of the new pricing constitutes acceptance.

2.5 Upgrades and Downgrades

If you upgrade your plan mid‑Term, you will be charged the full price of the new tier immediately, receive the full amount of new credits instantly, and your billing cycle will reset to that day. Downgrades, where available, take effect at the start of the next Subscription Term.

2.6 Failed Payments and Suspension

If we are unable to charge your payment method, we may:

• Re‑attempt billing;
• Require you to update your payment information; and/or
• Suspend or terminate your access to the Service if payment is not received within a reasonable grace period.

2.7 Cancellation

You may cancel your subscription at any time. Upon cancellation:

• You will retain access to paid features and any remaining credits until the end of your then‑current Subscription Term.
• No prorated refunds will be issued for mid‑Term cancellations.
• At the end of the Term, your subscription will not renew, your paid access will end, and any unused credits will expire.

2.8 Free Plans, Trials, and Beta Features

(a) Free Plans (Free Services).
From time to time, we may make certain limited versions of the Service available at no charge (each a “Free Plan” or collectively, the “Free Services”). Free Services may have reduced or restricted features, usage limits, quotas, or functionality compared to paid plans, as described on our website or in the Service.

• Free Services are provided for your convenience and evaluation and may not include support, uptime commitments, or other service levels that apply to paid subscriptions.
• We may change, suspend, or discontinue any Free Services (or your access to them) at any time, with or without notice, and without any liability to you.
• These Terms apply to your use of Free Services in the same way they apply to paid Services, except as expressly stated otherwise in this Section 2.8.

(b) Free or Discounted Trials.
We may offer free, discounted, or time‑limited trials of paid plans (“Trials”). Any specific Trial period, features, and limitations will be described at the time you sign up. Unless we tell you otherwise in writing:

• At the end of a Trial, your access to paid features will automatically end unless you purchase a paid subscription.
• We may, at our discretion, allow your Account to continue on a Free Plan with limited functionality, if such a plan is available at that time.
• We reserve the right to modify or cancel any Trial at any time, with or without notice, and without liability.

(c) Beta / Early‑Access Features.
We may from time to time make certain new or experimental features, services, or functionality available as “beta,” “early access,” “preview,” “test,” or similar designations (“Beta Features”).

• Beta Features may be provided at no additional charge or as part of a paid plan, solely for evaluation and testing purposes.
• Beta Features may be incomplete, may change at any time, and may not be released into general availability. We may suspend or discontinue Beta Features at any time, with or without notice, and without liability.
• ALL FREE SERVICES, TRIALS, AND BETA FEATURES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OR SERVICE‑LEVEL COMMITMENTS OF ANY KIND, IN ADDITION TO THE DISCLAIMERS IN SECTION 9. YOU ASSUME ALL RISK ARISING FROM YOUR USE OF FREE SERVICES, TRIALS, AND BETA FEATURES

3. Credit System, Limits, and Fair Use

3.1 Credit Usage

AI Ark operates on a credit‑based system. By using the Service, you agree to the following current consumption rules:

• Exporting a base profile: 0.5 credits.
• Successfully finding and verifying a valid email address: 0.5 credits.
• Exporting a mobile phone number: 5 credits.
• Personality analysis: 4 credits.
• Exporting company data (without specific people): 0.1 credits.

For complete and up‑to‑date pricing and credit consumption details, see our Plans and Pricing page.

3.2 Rollover and Expiry

Unused credits roll over to the next billing cycle, up to a maximum balance of two (2) times your monthly plan limit. Any credits beyond this cap may expire or be automatically reduced to this cap. Promotional or free credits may have shorter expiry periods, as communicated at the time they are granted.

3.3 Non‑Transferability and No Resale

Credits are personal to your Account and may not be sold, resold, traded, transferred, or assigned to any third party or another AI Ark Account, except as expressly authorized by us in writing.

3.4 System Limits and Rate Limits

Exports are limited to 10,000 records per batch. The standard API rate limit is 300 requests per minute (unless otherwise agreed in writing). We may modify rate limits or introduce additional fair‑use limits to protect the integrity and performance of the Service.

3.5 Anti‑Scraping and Automated Use

Unusually high or robotic search velocity, use of non‑approved automation, or other behavior indicative of scraping may trigger an automatic, temporary account restriction (for example, 24‑hour lockout) and/or suspension or termination as described in Section 6.

4. License, Intellectual Property, and Customer Data

4.1 Ownership of Service and Content

AI Ark and its licensors own all rights, title, and interest in and to the Service, including all software, technology, algorithms, models, user interfaces, designs, and proprietary databases, as well as any improvements or derivative works. You retain all rights in and to your own proprietary data that you upload or provide to the Service (“Customer Data”), subject to the licenses granted below.

4.2 License to You (Service and Exported Data)

Subject to your compliance with these Terms and all applicable laws, we grant you a limited, non‑exclusive, non‑transferable, non‑sublicensable license during the Subscription Term to:

• Access and use the Service for your internal business purposes; and
• Use and store data exported from the Service (“Exported Data”) solely in connection with your internal sales, marketing, recruiting, and other B2B outreach activities.

You may not resell, rent, lease, license, or otherwise distribute Exported Data as a stand‑alone asset or use it to create, improve, or enrich a competing product, database, or service.

4.3 License to Us (Customer Data)

You grant us a worldwide, non‑exclusive, royalty‑free license, for the duration of your Subscription Term, to host, store, process, transmit, and otherwise use Customer Data to:

• Provide and maintain the Service;
• Provide support and security; and
• Operate, analyze, and improve our products and services, including via de‑identified or aggregated forms of Customer Data that do not identify you or your Authorized Users.

If you do not want us to use Customer Data for enrichment or product improvement beyond providing the Service, you should notify us and/or enter into a data processing or data sharing arrangement that reflects that choice.

4.4 Feedback

If you provide feedback, suggestions, or ideas about the Service (“Feedback”), you grant us a perpetual, irrevocable, worldwide, royalty‑free license to use and exploit such Feedback without any obligation to you.

5. Compliance with Laws, Data Protection, and FCRA

5.1 Search Engine and Data Provider Role

AI Ark functions as a B2B search engine and data provider. We do not control your outreach or communications. The legal responsibility for how Exported Data is used lies entirely with you.

5.2 Regulatory Compliance and Lawful Basis

You expressly agree that your use of Exported Data will comply with all applicable laws and regulations, including, where applicable, GDPR, CCPA/CPRA, CAN‑SPAM, CASL, TCPA, and PECR. You are solely responsible for establishing and documenting a lawful basis (such as legitimate interest or consent) before contacting any individual sourced from the Service. You must provide appropriate notices, privacy disclosures, and opt‑out mechanisms to data subjects as required by law.

5.3 Opt‑Outs and Suppression

You are solely responsible for:

• Managing and honoring unsubscribe requests and “Do Not Call” registries;
• Maintaining accurate suppression lists; and
• Configuring your tools and processes to avoid contacting individuals who have opted out.

5.4 Data Processing Agreement (DPA) & GDPR Compliance

If you process personal data of individuals in the EEA or UK using the Service, our Data Processing obligations form part of these Terms and govern our processing of personal data. For more specific information regarding our compliance with European privacy standards, please refer to our GDPR Policy (ai-ark.com/gdpr). For Customer Data that you upload / export, you are generally the ‘controller’ and we are your ‘processor’ under GDPR; for our own prospect database and our marketing, we act as an independent controller.

5.5 Sensitive Data and Minors

You must not upload, submit, or process via the Service:

• Sensitive categories of personal data (such as health data, union membership, religious or philosophical beliefs, biometric data, or data concerning criminal offenses), except where we have expressly agreed in writing; or
• Personal data relating to individuals under the age of 18.

5.6 FCRA Disclaimer

AI Ark is not a consumer reporting agency as defined by the Fair Credit Reporting Act (FCRA). Data provided by the Service may not be used for determining any consumer’s eligibility for credit, insurance, employment, housing, tenant screening, or any other purpose regulated by the FCRA.

5.7 Export Controls and Sanctions

You represent and warrant that you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services, nor are you listed on any U.S. Government list of prohibited or restricted parties. You agree to comply strictly with all U.S. export control laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

6. Acceptable Use and Anti‑Scraping

6.1 General Prohibitions

You agree not to use the Service or Exported Data to:

• Harass, stalk, phish, or otherwise abuse individuals;
• Promote or facilitate illegal activity;
• Distribute malware, viruses, or other harmful code;
• Misrepresent your identity or affiliation, including by impersonating AI Ark or another entity; or
• Resell or redistribute AI Ark data to third parties except as incidental to your internal business processes (e.g., sharing with your sales agents).

6.2 No Competing Products or Systematic Extraction

You must not:

• Use the Service or Exported Data to build, train, or improve any competing database, sales intelligence platform, lead generation tool, or similar service;
• Systematically retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without our prior written consent.

6.3 No Automated Access or Scraping

Except through our published APIs and within documented rate limits, you must not:

• Access the Service using bots, crawlers, spiders, scripts, or other automated means;
• Circumvent or attempt to circumvent any security, rate‑limiting, or technical protection measures; or
• Use techniques (including automation or headless browsers) whose primary purpose is bulk extraction of data from the Service.

6.4 No Reverse Engineering

You must not reverse engineer, decompile, disassemble, or otherwise attempt to derive source code, underlying ideas, algorithms, or non‑public APIs from the Service, except to the limited extent allowed by applicable law and only after providing us with prior written notice.

6.5 Enforcement

We may monitor your use of the Service to detect and prevent violations of this Section 6. We reserve the right to suspend or terminate your Account, throttle or block access, and pursue legal remedies (including damages and injunctive relief) for any violation of this Section.

7. Marketing and Publicity

We may identify you as a customer of AI Ark and use your company name and logo on our website, in customer lists, and in marketing materials. You may opt out of this by notifying us in writing, in which case we will cease new uses within a reasonable time.

8. Changes to the Service and to These Terms

8.1 Changes to the Service

We may update, modify, or discontinue features, components, or functions of the Service at any time (for example, to improve performance, enhance security, comply with law, or adapt to third‑party changes). Where a change materially reduces core functionality of a paid plan, we will use reasonable efforts to notify you in advance.

8.2 Changes to These Terms

We may revise these Terms from time to time. When we do, we will post the updated Terms on our website and update the “Last updated” date. For material changes, we will also provide notice (for example, by email or in‑product notification). Your continued use of the Service after the effective date of updated Terms constitutes your acceptance of the changes.

9. Disclaimer of Warranties

The Service and all data and content provided through it are offered on an “AS IS” and “AS AVAILABLE” basis.

To the fullest extent permitted by law, we disclaim all warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, title, and non‑infringement. We do not warrant that the Service will be uninterrupted, error‑free, secure, or free of harmful components.

While AI Ark uses various methods to validate contact data, we do not guarantee the accuracy, completeness, timeliness, or deliverability of any information or contact data. We are not responsible for email bounce rates, disconnected phone numbers, or any damage to your sender reputation or domain arising from your use of Exported Data.

Third-Party Integrations: The Service may integrate with third-party applications (e.g., CRMs, email clients). AI Ark does not endorse and is not responsible for the functionality, security, or performance of any third-party services. Your use of such integrations is strictly at your own risk, and AI Ark is not liable for any data loss, corruption, or operational disruption resulting from these integrations.

10. Indemnification

You agree to defend, indemnify, and hold harmless AI Ark, its affiliates, and their respective officers, directors, employees, and agents from and against all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your or any Authorized User’s use of the Service or Exported Data;
• Your violation of these Terms;
• Your violation of any applicable law or regulation; or
• Your violation of any third‑party rights, including privacy, publicity, or intellectual property rights.

11. Limitation of Liability

To the maximum extent permitted by applicable law:

• AI Ark will not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, or any loss of profits, revenues, goodwill, data, or business opportunities, arising out of or in connection with these Terms or your use of (or inability to use) the Service, whether based on contract, tort, strict liability, or any other theory, even if we have been advised of the possibility of such damages.
• Our aggregate liability arising out of or relating to these Terms or the Service will not exceed the total amount paid by you to AI Ark for the Service in the twelve (12) months immediately preceding the event giving rise to the claim.

Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you.

12. Termination and Effect of Termination

12.1 Termination for Cause

We may suspend or terminate your access to the Service, in whole or in part, immediately upon notice if:

• You materially breach these Terms (including failure to pay fees when due or violation of the Acceptable Use Policy);
• Your use of the Service creates security, legal, or business risk for us or others; or
• We are required to do so by law, regulation, or court order.

Where feasible and appropriate, we will provide you with an opportunity to cure a remediable breach within a reasonable period before termination.

12.2 Termination by You

You may terminate your subscription by cancelling auto‑renewal as described in Section 2.7. Termination will be effective at the end of the current Subscription Term.

12.3 Effect of Termination

Upon expiration or termination of your subscription:

• Your right to access and use the Service will cease, and we may disable your Account.
• Any unused credits will expire and are not refundable.
• We may retain or delete Customer Data in accordance with our data retention policies and applicable law. On request and where technically feasible, we may provide a limited export of certain Customer Data for a short period after termination.
• Your rights to use previously Exported Data for your internal business purposes will generally continue, subject to ongoing compliance with these Terms and applicable law (including privacy and anti‑spam rules).
• If we offer a Free Plan at the time your paid Subscription Term ends, we may, at our discretion, downgrade your Account to the Free Plan instead of disabling it, in which case your use of the Service will be subject to the limitations and terms applicable to the Free Plan.

12.4 Survival

The following sections (and any other provisions that by their nature should survive) will survive termination or expiration: Sections 1.4, 2.2–2.7, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12.3–12.4, 13, and 14.

13. Dispute Resolution and Class Action Waiver

13.1 Binding Arbitration

To the fullest extent permitted by law, any dispute, claim, or controversy arising out of or relating to these Terms or the Service that cannot be resolved informally will be resolved by binding arbitration on an individual basis, rather than in court. The arbitration will be conducted by a recognized arbitration provider (for example, the American Arbitration Association) under its applicable rules, with the seat of arbitration in the United States and proceedings conducted in English. The arbitrator’s decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

13.2 Class Action Waiver

You and AI Ark agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

13.3 Exceptions

Either party may seek temporary or preliminary injunctive relief in any court of competent jurisdiction to protect its confidential information or intellectual property rights, without first engaging in arbitration.

14. Governing Law and Miscellaneous

14.1 Governing Law and Venue

These Terms and any dispute arising out of or related to them will be governed by the laws of the State of Delaware, without regard to its conflict of law rules. For claims that are not subject to arbitration, the parties consent to exclusive jurisdiction and venue in the state and federal courts located in New Castle County, Delaware.

14.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.

14.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

14.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign these Terms freely, including to an affiliate or in connection with a merger, acquisition, or sale of assets.

14.5 Entire Agreement

These Terms, together with any order forms, our Privacy Policy, our GDPR policy, and any other documents expressly incorporated by reference, constitute the entire agreement between you and AI Ark regarding the Service and supersede all prior or contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter.

14.6 Notices

We may provide notices to you via email, in‑app notifications, or by posting on our website. You agree that all such electronic communications satisfy any legal requirement that communications be in writing. Notices to us must be sent to the address listed at the top of these Terms or to the email address indicated on our website.

14.7 Force Majeure

Neither party will be liable for any delay or failure to perform its obligations under these Terms (except for payment obligations) if such delay or failure is due to causes beyond its reasonable control, including but not limited to natural disasters, acts of God, war, terrorism, strikes, severe internet outages, cyberattacks, or governmental actions.