Terms and Conditions

Last Updated: May 15, 2025

1. Introduction

Welcome to AskArk.ai. These Terms and Conditions (“Terms”) govern your access to and use of the AskArk.ai website, applications, and services (collectively, the “Services”). Please read these Terms carefully.

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you are using our Services on behalf of an organization (such as your employer or an educational institution), you are agreeing to these Terms on behalf of that organization, and you represent and warrant that you have the authority to do so. In such cases, “you” and “your” will refer to that organization.

If you do not agree with these Terms, you may not access or use the Services.

2. Definitions

Throughout these Terms, we use certain defined terms:

“AskArk.ai” (also “we,” “us,” or “our”) refers to AskArk.ai Ltd. and its subsidiaries and affiliates.
“Services” refers to any AskArk.ai websites, applications, platforms, APIs, and other services provided by AskArk.ai, including all features, functionalities, and user interfaces.
“User” (also “you” or “your”) refers to any individual or entity that accesses or uses the Services.
“Content” refers to any text, data, information, images, videos, audio, or other materials that are uploaded, transmitted, or otherwise made available through the Services.
“User Content” refers to Content that Users upload, transmit, or otherwise make available through the Services.
“AskArk.ai Content” refers to Content that AskArk.ai makes available through the Services, including AI-generated responses and outputs.
“Feedback” refers to any suggestions, comments, or other feedback you provide regarding the Services.

3. Account Registration and Eligibility

3.1 Account Creation

To access certain features of the Services, you may need to register for an account. When you register, you agree to provide accurate, current, and complete information and to update this information to keep it accurate, current, and complete. You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

3.2 Eligibility

You must be at least 18 years old to create an account and use the Services. If you are using the Services on behalf of students or children under 18, you represent and warrant that you have obtained all necessary consents and authorizations, including from parents or guardians where required by applicable law.

Educational institutions must ensure they comply with all applicable laws regarding student data privacy, including the Children’s Online Privacy Protection Act (COPPA), the Family Educational Rights and Privacy Act (FERPA), and similar laws in their jurisdiction.

3.3 Organizational Accounts

If you create an account for an organization (such as a school, district, or educational institution), you represent and warrant that you have the authority to bind that organization to these Terms. You are responsible for ensuring that all users within your organization comply with these Terms.

4. Description of Services

4.1 AI Educational Platform

AskArk.ai provides an artificial intelligence platform designed to assist educational professionals with various tasks, including but not limited to lesson planning, grading assistance, parent communication, and administrative tasks. The Services use various large language models and artificial intelligence technologies to generate responses and content based on your inputs.

4.2 No Guarantee of Results

While we strive to provide high-quality, accurate, and useful Services, we do not guarantee that the Services will meet your specific requirements or expectations. The AI-generated content provided through the Services is for informational and assistive purposes only, and should not be relied upon as a substitute for professional judgement, especially in educational contexts.

4.3 Limitations

You acknowledge that:

AI systems, including those used in our Services, may produce inaccurate, incomplete, or inappropriate outputs.
The Services may have technical limitations, may be subject to delays, interruptions, or errors.
AskArk.ai is not responsible for verifying the accuracy of AI-generated content or outputs.
You are responsible for reviewing and evaluating all outputs before using them for educational or other purposes.

5. Subscription Plans, Payments, and Billing

5.1 Subscription Plans

AskArk.ai offers various subscription plans, including free and paid options. The features available to you will depend on the subscription plan you select. Current pricing and plan details are available on our website.

5.2 Payments and Billing

For paid subscriptions, you agree to pay all fees associated with your selected plan. All payments are non-refundable unless otherwise specified or required by law. You authorize AskArk.ai to charge your payment method for all amounts due for your subscription. If your payment cannot be completed, we may suspend or terminate your access to the Services.

5.3 Subscription Changes and Cancellation

You may change or cancel your subscription at any time through your account settings or by contacting us. If you cancel your subscription, you will continue to have access to the paid features until the end of your current billing period, but you will not receive a refund for any fees already paid.

5.4 Price Changes

AskArk.ai reserves the right to change subscription fees at any time. We will notify you of any fee changes before they take effect. Continued use of the Services after a fee change constitutes your acceptance of the new fees.

6. User Obligations and Acceptable Use

6.1 Compliance with Laws

You agree to use the Services in compliance with all applicable laws, regulations, and third-party rights. You are solely responsible for ensuring that your use of the Services complies with applicable laws in your jurisdiction, particularly those related to data privacy, educational records, intellectual property, and export control.

6.2 Acceptable Use

You agree not to:

Use the Services for any illegal purpose or to violate any laws or regulations.
Upload, transmit, or share any User Content that infringes or violates the rights of others, including intellectual property rights.
Use the Services to create, upload, transmit, distribute, or store material that is harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of privacy, or inappropriate for an educational context.
Attempt to reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying ideas, or algorithms of the Services.
Access the Services to build a similar or competitive product or service.
Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services.
Attempt to gain unauthorised access to the Services or related systems or networks.
Use any automated means, including bots, scrapers, or similar technologies, to access or use the Services.
Circumvent or disable any security or other technological features of the Services.

6.3 Educational Use Responsibility

As an educational tool, you agree to use the Services responsibly and ethically in educational settings. This includes:

Not using the Services to create or distribute content that may be harmful to students or the educational environment.
Using appropriate discretion when incorporating AI-generated content into educational materials.
Not using the Services to replace critical human judgment in educational assessments or decisions.
Complying with your institution’s policies regarding the use of AI and technology tools.

7. Content Ownership and Licensing

7.1 User Content

You retain ownership of all intellectual property rights in your User Content. By uploading, submitting, or otherwise making available any User Content through the Services, you grant AskArk.ai a worldwide, non-exclusive, royalty-free license to use, copy, modify, create derivative works based on, distribute, publicly display, and publicly perform your User Content for the purposes of operating, developing, providing, and improving the Services.

7.2 AskArk.ai Content

AskArk.ai Content, including AI-generated responses and outputs, is owned by or licensed to AskArk.ai. Subject to your compliance with these Terms, AskArk.ai grants you a limited, non-exclusive, non-transferable, non-sublicensable license to use AskArk.ai Content solely for your internal, educational purposes in connection with your use of the Services.

7.3 AI-Generated Content

For AI-generated content produced in response to your specific inputs:

You may use such content for your educational and instructional purposes.
You are responsible for reviewing and editing AI-generated content to ensure it meets your requirements and standards.
You acknowledge that similar content may be generated for other users.
AskArk.ai cannot guarantee the originality of AI-generated content.

7.4 Feedback

If you provide Feedback to AskArk.ai, you grant AskArk.ai a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate such Feedback into the Services without any obligation to compensate you.

8. Intellectual Property Rights

8.1 AskArk.ai’s Intellectual Property

The Services, including all software, algorithms, designs, text, graphics, logos, icons, images, videos, audio, and other content (excluding User Content), are owned by or licensed to AskArk.ai and are protected by copyright, trademark, and other intellectual property laws. Nothing in these Terms grants you any right, title, or interest in the Services or AskArk.ai’s intellectual property, except for the limited license expressly set forth in these Terms.

8.2 Trademarks

AskArk.ai’s name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of AskArk.ai or its licensors. You may not use such marks without AskArk.ai’s prior written permission.

8.3 Copyright Infringement

AskArk.ai respects the intellectual property rights of others. If you believe that any content on the Services infringes your copyright, please notify us by emailing legal@askark.ai with information including:

A description of the copyrighted work you claim has been infringed.
A description of where the material you claim is infringing is located on the Services.
Your contact information, including address, telephone number, and email.
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

9. Privacy and Data Protection

9.1 Privacy Policy

Our Privacy Policy, available at https://askark.ai/privacy-policy, explains how we collect, use, and protect your personal information. By using the Services, you consent to our collection, use, and disclosure of information as described in our Privacy Policy.

9.2 Educational Data

If you use the Services on behalf of an educational institution:

You must ensure that your use complies with all applicable education and privacy laws, including FERPA, COPPA, and similar laws in your jurisdiction.
You are responsible for obtaining any necessary consents from students, parents, or guardians.
You must not upload sensitive student information unless permitted by applicable law and necessary for the use of the Services.

9.4 GDPR Compliance and Personal Data Restrictions

Important: You must not input personal data of individuals (students, parents, colleagues, or any other individuals) into the AskArk.ai system.

In compliance with the General Data Protection Regulation (GDPR) and other applicable data protection laws:

No Personal Data in Inputs: You agree not to input, upload, or transmit any personal data of individuals (including names, contact details, identification numbers, location data, or any information relating to an identified or identifiable natural person) into AskArk.ai’s systems or models.
Anonymisation Requirement: Before submitting any content to AskArk.ai that originally contained personal data, you must thoroughly anonymise or pseudonymise such content by removing or replacing all personal identifiers.
Educational Data Guidelines: When using AskArk.ai for educational purposes:
- Do not include student names, ID numbers, or contact information
- Do not upload identifiable student work without proper anonymisation
- Use codes, pseudonyms, or generic references (e.g., “Student A”) instead of actual identifiers
- Do not include any special category data (e.g., health information, religious beliefs)
Your Responsibility as Data Controller: If you are an educational institution or organisation, you remain the data controller for any personal data you process. You are responsible for:
- Ensuring you have appropriate legal basis for processing personal data
- Providing privacy notices to data subjects (students, parents, staff)
- Responding to data subject rights requests
- Securing personal data in your own systems
- Reporting any personal data breaches to relevant authorities
Violation Consequences: If AskArk.ai detects or reasonably suspects that you have submitted personal data in violation of these Terms:
- We may immediately delete the data without notice
- We may temporarily or permanently suspend your account
- You may be liable for any costs, fines, or penalties incurred by AskArk.ai as a result of your violation
- You will indemnify AskArk.ai against any claims arising from such violation

This restriction on personal data is necessary because:

AskArk.ai’s systems and models are not designed to process personal data in compliance with GDPR and other data protection regulations
AI models may memorise or reproduce personal data in responses to other users
The transmission of personal data to AI systems creates significant compliance risks and potential privacy violations

We provide these restrictions to protect both your organisation and the individuals whose data you process from potential privacy violations and compliance issues.

10.1 Third-Party Services

The Services may integrate with or allow access to third-party applications, websites, or services, such as Google Classroom, Microsoft Teams, or School Information Systems. Your use of these third-party services is subject to their terms and privacy policies. AskArk.ai is not responsible for the content or practices of any third-party services and does not endorse or make any representations about them.

10.2 Third-Party Language Models

AskArk.ai may utilize various Large Language Models (LLMs) from third-party providers to power our Services. We select providers whose data handling and privacy practices align with our own standards. However, you acknowledge that the use of these models involves the processing of your inputs through these third-party systems, subject to our Privacy Policy safeguards.

11. Warranties and Disclaimers

11.1 No Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

ASKARK.AI DOES NOT WARRANT THAT: (A) THE SERVICES WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

11.2 AI Limitations

YOU SPECIFICALLY ACKNOWLEDGE THAT:

AI-generated content may contain errors, inaccuracies, or inappropriate material.
AskArk.ai cannot guarantee the accuracy, completeness, or appropriateness of AI-generated content for your specific purposes.
You are responsible for evaluating and validating all AI-generated content before using it in educational or other contexts.

11.3 Educational Context

THE SERVICES ARE DESIGNED AS TOOLS TO ASSIST EDUCATIONAL PROFESSIONALS AND ARE NOT INTENDED TO REPLACE PROFESSIONAL JUDGMENT OR EXPERTISE. ASKARK.AI IS NOT RESPONSIBLE FOR ANY DECISIONS MADE BASED ON THE USE OF THE SERVICES.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ASKARK.AI, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES.

IN NO EVENT SHALL ASKARK.AI’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE AMOUNT PAID BY YOU TO ASKARK.AI FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU.

13. Indemnification

You agree to defend, indemnify, and hold harmless AskArk.ai, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:

Your violation of these Terms.
Your User Content.
Your use of the Services, including, but not limited to, any use of AskArk.ai Content other than as expressly authorized in these Terms.
Your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right.

14. Term and Termination

14.1 Term

These Terms will remain in full force and effect while you use the Services.

14.2 Termination by You

You may terminate these Terms at any time by ceasing all use of the Services and closing your account.

14.3 Termination by AskArk.ai

AskArk.ai may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including, without limitation, if you breach these Terms. Upon termination, your right to use the Services will immediately cease.

14.4 Effect of Termination

Upon termination of these Terms:

Your account and right to access and use the Services will terminate immediately.
You may lose access to any User Content you have provided through the Services.
AskArk.ai may delete your User Content without liability to you.
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

15. Modifications to Terms or Services

15.1 Modifications to Terms

AskArk.ai reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice before the changes take effect, during which time you may reject the changes by terminating your account. Your continued use of the Services after the changes take effect constitutes your acceptance of the new Terms.

15.2 Modifications to Services

AskArk.ai reserves the right to modify, suspend, or discontinue the Services (or any part thereof) at any time, with or without notice. You agree that AskArk.ai will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services.

16. Governing Law and Dispute Resolution

16.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Ireland, without regard to its conflict of law provisions.

16.2 Dispute Resolution

Any dispute arising from or relating to these Terms or the Services shall be resolved through the following process:

Informal Resolution: We encourage you to contact us directly to attempt to resolve any disputes.
Mediation: If informal resolution is unsuccessful, the parties shall attempt to resolve the dispute through mediation administered by a mutually agreed-upon mediator in Dublin, Ireland.
Arbitration: If mediation is unsuccessful, the dispute shall be resolved by binding arbitration in Dublin, Ireland, in accordance with the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with said rules. The language of arbitration shall be English.

16.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

16.4 Injunctive Relief

Notwithstanding the foregoing, AskArk.ai may seek injunctive or other equitable relief to protect its intellectual property rights or confidential information in any court of competent jurisdiction.

17. Miscellaneous

17.1 Entire Agreement

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and AskArk.ai concerning your use of the Services.

17.2 Waiver

AskArk.ai’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by an authorized representative of AskArk.ai.

17.3 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

17.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without AskArk.ai’s prior written consent. AskArk.ai may freely assign or transfer these Terms without restriction.

17.5 Notices

Any notices or other communications provided by AskArk.ai under these Terms will be given by posting to the Services or via email to the address associated with your account.

17.6 No Partnership

Nothing in these Terms is intended to or shall operate to create a partnership between you and AskArk.ai or authorize either party to act as agent for the other.

17.7 Force Majeure

AskArk.ai will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, epidemics, pandemics, or shortages of transportation facilities, fuel, energy, labour, or materials.

17.8 Contact Information

If you have any questions about these Terms, please contact us at:

AskArk.ai
Cube Building, Monahan Road, Cork, T12 H1XY, Ireland.
Email: hello@askark.ai

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