Company terms of service

Last modified: 25 March, 2024

Terms of Service

Version 1.3

Arkmon B.V. is a company registered in the Netherlands, with the following information:

Company name: Arkmon B.V.
Address: Molengraaffsingel 12, 2629 JD Delft, The Netherlands
Kamer van Koophandel (Chamber of Commerce) number: 881 563 97
VAT number: NL864521388B01

This contract is a legal agreement between you (hereinafter referred to as "user", "affiliate", "creator", "his", "her", "their", "you" or "your") and Arkmon B.V. (hereinafter referred to as "Arkmon", "we", "us", "it" or "our").

General

These terms of service govern your access to and use of the services, including the website located at https://www.arkmon.com (the "Site") and any other media form, (social) media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Services").

Please read these Terms carefully before accessing or using the Services. By accessing or using any of the Services, you agree to be bound by these Terms.

Our Services are not intended for children. You must be above the age of 18 to use our Services. If you are under the age of 18, you may not use our Services.

Arkmon limits its Services to users from the European Union. If you are not a resident of the European Union, you may not use our Services.

By using the Services, you represent and warrant that (a) all registration information you submit will be true, accurate, current, and complete and (b) you will maintain the accuracy of such information and promptly update such registration information as necessary.

Any user may only create a single account. If you create multiple accounts, we may suspend or terminate your accounts.

Use License

Subject to these Terms, Arkmon grants you a limited, non-exclusive, non-transferable, non-sublicensable transitory license to access and use the Services for your personal, non-commercial use.

This is the grant of a license, not a transfer of title, and under this license you may not:

• modify or copy the materials;
• use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
• attempt to decompile or reverse engineer any software contained on Arkmon's Services;
• remove any copyright or other proprietary notations from the materials; or
• transfer the materials to another person or "mirror" the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Arkmon at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Intellectual Property

The Services and its original content, features and functionality are and will remain the exclusive property of Arkmon and its licensors. The Services are protected by copyright, trademark, and other laws of both the Netherlands and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Arkmon.

Disclaimer

The materials on the Services are provided "as is". Arkmon and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.

Neither Arkmon nor its suppliers and licensors, makes any warranty that the Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Services at your own discretion and risk.

The user understands that any financial information or data presented on the Services is for informational purposes only and is not intended to be used as financial advice. The user understands that the Services are not intended to be used as a substitute for professional financial advice. The user understands that the Services are not intended to be used as a substitute for professional legal advice. The user understands that the Services are not intended to be used as a substitute for professional tax advice.

Limitations

In no event shall Arkmon or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Arkmon's Services, even if Arkmon or a Arkmon authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Furthermore, Arkmon is not responsible for the content of any third party websites linked to the Services. The inclusion of any link does not imply endorsement by Arkmon of the linked site. Use of any such linked website is at the user's own risk.

Revisions and Errata

The materials appearing on Arkmon's website could include technical, typographical, or photographic errors. Arkmon does not warrant that any of the materials on its website are accurate, complete, or current. Arkmon may make changes to the materials contained on its website at any time without notice. Arkmon does not, however, make any commitment to update the materials.

Your Privacy

Arkmon is committed to protecting your privacy. Please read our Privacy Policy for more information on how we collect, use, and disclose your personal information and what relevant rights you have.

Rules of conduct

By using the Services, you agree to comply with the following rules of conduct:

• The user takes full responsibility for the content of any messages sent by the user.
• You will not use the Services for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
• You will not upload, post, host, or transmit content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
• You will not upload, post, host, or transmit content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
• You will not upload, post, host, or transmit content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights ("Rights") of any party.
• You will not upload, post, host, or transmit content that you know is not correct and current.
• You will not upload, post, host, or transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
• You will not upload, post, host, or transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
• You will not interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services.
• You will not intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the European Securities and Markets Authority (ESMA), any rules of any national or other securities exchange, financial regulatory authority, or other securities regulatory authority.
• You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services.

Site Terms of Use Modifications

Any new features or tools which are added to the current Services shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.

There may be minor or major changes. In the case of major changes, we will inform you by email that a new version of the terms of service has come into effect. The classification of a change as minor or major is at the sole discretion of Arkmon.

Subscriptions and Payment

Arkmon offers subscriptions for its services. The Arkmon Rebalancing Subscription (also called Arkmon Optimisation Subscription) is a variable rate subscription. The monthly subscription fee is determined as follows: For portfolios with a total value being rebalanced that is less than 500 euro, Arkmon's services are provided free of charge. For portfolios with a total value being rebalanced that is greater than 500 euro, Arkmon charges a fee of 0.3% of the average amount eligible for rebalancing that the user had in their account during the billing period. There is a minimum total value requirement which may be arbitrarily chosen by Arkmon and is currently set at 250 euro.

The billing period has a duration of one month, and commences on the day that the user first recalculates a rebalancing for an amount greater than 500 euro. This date signifies the start of the billing period, and the end of the billing period will be on the same date of the following month, unless that date does not fall within the following month, in which case the end of the billing period will be the last day of the following month. The next billing period begins automatically at the end of the previous billing period and continues monthly until the subscription or account is terminated. The time of the day that marks the exact start or end of a billing period is variable and can freely be chosen by Arkmon.

Payments for Arkmon's services are processed through Stripe. Since Arkmon only charges its fee after the end of the monthly billing period, it invoices the fee for services that have already been delivered to the user. Arkmon does not offer refunds for services that have already been delivered to the user.

Arkmon reserves the right to change, raise, or reduce its prices at any time without notice. Such changes will apply to all users, including those who have previously agreed to the current pricing structure. Continued use of Arkmon's services after a change in pricing constitutes acceptance of the new prices, and no further approval from the user is required. Users who do not agree to the new prices may terminate their subscription to Arkmon's services at any time.

It is also important to note that even if a user does not rebalance their portfolio within a given billing period, the variable rate subscription fee will still be determined by the average portfolio value that would have been eligible to be rebalanced during that period. Users who do not actively use Arkmon's services for rebalancing are still subject to the same fee structure as those who do.

Arkmon has an internal discount coupon system. When a user has coupons associated with their account, they will automatically be applied during the invoice determination process. A user may be charged a discounted subscription fee or may even receive access to the Services free of charge. Users may collect multiple coupons in their account. Having a coupon does not entitle the user to demand the use and/or availability of Arkmon's services. Arkmon reserves the right to terminate the coupon program at any time, and any unused coupons will become void. Additionally, Arkmon reserves the right to delete coupons associated with a user if it suspects that the coupons were obtained through abuse of the coupon incentive program or if it believes the user is in violation of the Terms of Service or Privacy Policy or if the coupons were granted to the user as a result of a technical error or other mistake.

In addition to the above, it is important to note that coupons are provided solely as a means to access Arkmon's services at a discounted fee or free of charge for a limited time, and cannot be redeemed for cash or any other form of payment.

The user is responsible for ensuring they are able to access the Services, and an inability to do so does not remove the responsibility of the user to fulfill any obligations they have with respect to the Services.

Termination

We may terminate or suspend access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

In the event of Arkmon terminating or suspending a Users account with a running subscription, the user is obliged to pay the remaining service fee up to the date of termination.

Arkmon also reserves the right to restrict the users access to only a subset of the Services, without notice or liability.

In the presence of a paid subscription, the user is not entitled to a refund of any fees paid thus far. And a currently running subscription does not limit the right of Arkmon to terminate, suspend or partially restrict the users access to our Services at any time.

In the event of partially restricting the users access to our Services, the user is obliged to pay the full subscription rate as long as Arkmon is providing any access to any subset of the Services.

The user may terminate their account at any time. In the event of termination, the user is not entitled to a refund of any fees paid thus far. The termination will take effect at the end of the current subscription period. And the user is obliged to pay the full remaining service fee up to the end of the current subscription period.

If a user was terminated or suspended by Arkmon for the violation of the Terms, the Privacy policy or any other policy of Arkmon, including our general rules of conduct, Arkmon reserves the right to store personally identifiable information of the user indefinitely, including but not limited to the users IP address, access logs, email address, name, phone number, and other information provided by the user, for the purpose of preventing the user from creating a new account or otherwise circumventing the termination or suspension.

Arkmon makes no obligation or guarantee to store the user's information for any period of time after the termination of the users account. Arkmon reserves the right to delete all data related to the user upon termination of the account, at which point the user may no longer request a copy of their data. Users are encouraged to request a copy of their data prior to terminating their Arkmon account by contacting the Arkmon support.

If a user has created more than one account, or is operating an Arkmon account on behalf of a third party, Arkmon reserves the right to terminate all accounts of the user, without notice or liability.

Authorisations

By adding any exchange API access keys to your Arkmon account, you grant the following authorisations to Arkmon to be used at Arkmons sole discretion without notice:

• To initiate any activity that is technically enabled by the provided exchange API access keys, including but not limited to creating, deleting, cancelling or updating any orders on the exchange account linked to Arkmon.
• To monitor, record and copy the entirety of any user activity on that exchange, including historical data up to the beginning of the users activity on their exchange account, regardless of the activity having been initiated by the user themselves or by Arkmon on the users behalf. This data may include but is not limited to the users orders, trades, balances, withdrawals, deposits and other information.

The user further agrees to take on full responsibility for any and all activity on their exchange account, including but not limited to any losses, damages, fees, fines, penalties, taxes, or other costs incurred by the user or any third party independently of the activity having been initiated by the user or by Arkmon on the users behalf, even if the activity was initiated without notice.

Incentive Program

Arkmon may offer an incentive program to its users. The incentive program may include but is not limited to the following:

• Referral program
• Affiliate program
• Discount coupons
• Free trial period
• Other incentives

Arkmon reserves the right to change, raise, or reduce the incentives at any time without notice. Such changes will apply to all users, including those who have previously agreed to the current incentive structure. Continued use of Arkmon's services after a change in incentives constitutes acceptance of the new incentives, and no further approval from the user is required. Users who do not agree to the new incentives may terminate their subscription to Arkmon's services at any time.

By default a user account is part of the referral program. The user can only become an Affiliate through the explicit invitation of Arkmon.

To participate in any of Arkmon's incentive programs, the User must have an active Arkmon account. It's the User's responsibility to keep their Arkmon account information confidential and to ensure that all activity under their account complies with this Agreement. The User also agrees to inform Arkmon immediately if there is any unauthorized use of their account or any other security breach.

Signup Codes

The incentive program is designed around codes which are used by a new user during their signup process. There are referral, affiliate and promo codes, which can result in different rewards to the inviting and new user.

Upon signing up for Arkmon's services, users may be granted a free month coupon, allowing them to use Arkmon's services for one month free of charge for portfolios with a total value being rebalanced that is greater than 500 euro.

Arkmon measures the use of referral, affiliate and promotional programs through the use of coupon codes. Any users who did not use a coupon code at signup are not eligible for any rewards or incentives associated with the use of a coupon code. Codes cannot be applied to an account after the account has been created.

Independent Contractor Status

As an independent contractor, a User participating in any of the incentive programs, is not an employee, agent, joint venture or partner of Arkmon. The User acknowledges and agrees that they have no authority to bind Arkmon in any manner whatsoever and shall not make any representation, contract, or commitment on behalf of Arkmon. The User shall be solely responsible for any federal, state and local taxes, social security, unemployment insurance, and other payroll taxes arising from their performance under this Agreement. However, nothing in this provision shall prevent the User from advertising and promoting the products and services of Arkmon in accordance with the terms of this Agreement.

Content Compliance

Arkmon may, at its discretion, ask the User to remove content that contains materials created for promoting Arkmon's services or which make use of Arkmon's branding or marketing material. Such requests may be made if significant changes occur in Arkmon's marketing strategy, desired brand reputation, or Affiliate Marketing guidelines on the Arkmon Affiliate Dashboard. You acknowledge that if removal of such content results in loss of monetization, Arkmon will not be responsible for any lost income, but may decide to compensate you at its discretion. The User acknowledges that any posts, captions, images, and videos are the sole responsibility of the User if they are not related to this Agreement or were created by the User outside of the term of this Agreement or do not use Arkmon's assets.

Payment Transfer and Fee Responsibility

All payments due to the User as a result of participating in an Arkmon incentive program, shall be paid within 30 days of the end of the month in which the payments were earned, with the exception of any payments which are suspended as per the Suspension of Payments provision. Any and all bank, transaction, or exchange fees, market slippage or similar costs incurred in the payment process, shall be the responsibility of the User. The User is responsible for ensuring that they provide accurate and up-to-date payment information to Arkmon to avoid payment delays or discrepancies.

Suspension of Payments

If, for any reason, Arkmon is unable to make payments to the User, such as due to financial difficulties or bankruptcy, Arkmon may temporarily suspend its payment obligations. During this period, the User agrees to work with Arkmon and understands that their continued performance under this Agreement depends on Arkmon's ability to resume payments. If payments are not resumed within a reasonable time period, as determined by the User, the User may choose to terminate their participation in the Incentive Programs. However, the suspension of payments will not relieve the User of their duties and obligations under this Agreement.

Earnings Cap and Conversion to Affiliate Status

Arkmon implements an earnings cap for all participants in its incentive programs to ensure the sustainability and equitable distribution of rewards among its users. The specifics of the earnings cap are as follows:

• Each participant in the incentive programs, including but not limited to the referral and affiliate programs, is subject to a maximum earnings limit per calendar year. The specific earnings cap will be determined by Arkmon and communicated to the users through the Arkmon platform or via email.
• Arkmon reserves the right to adjust the earnings cap for any user at any time, at its sole discretion. Adjustments to the earnings cap may include increases or decreases based on program performance, user contribution, and Arkmon's overall marketing strategy.
• Participants who reach their earnings cap will be notified through their account on the Arkmon platform and might be given the option to apply for conversion from a referral user to an affiliate, subject to Arkmon's approval. Affiliate status may come with a higher earnings cap, reflecting the increased level of engagement and responsibility.
• Conversion to affiliate status is not automatic and requires a review of the participant's performance, continued and expanded adherence to Arkmon's terms, and a formal invitation from Arkmon. Arkmon reserves the right to grant or deny affiliate status based on its criteria, which may include but is not limited to the quality of referrals, compliance with program guidelines, and overall contribution to Arkmon's growth.
• Arkmon may provide guidelines and support for participants interested in converting to affiliate status, including information on how to maximize their contributions to Arkmon's services and potentially increase their earnings cap.

This provision is designed to maintain the integrity and fairness of Arkmon's incentive programs while offering pathways for dedicated users to increase their potential earnings. Participants are encouraged to monitor their earnings and account status regularly and to contact Arkmon for any questions or clarifications regarding their earnings cap and status within the incentive programs.

No Manipulation or Exploitation

The User acknowledges that they will not engage in any behavior or activity that is intended to manipulate or exploit the terms and conditions of the Arkmon incentive programs for their financial gain or any other benefit, to the detriment of Arkmon. This includes, but is not limited to, engaging in fraudulent activities, misrepresenting the performance of the marketing campaign or the Arkmon Services, or engaging in any activities that violate the spirit or intention of this Agreement.

Arkmon reserves the right to investigate any suspected abuse or violation of this Agreement, and the User agrees to cooperate fully in any such investigation. If Arkmon determines that the User has engaged in any behavior that violates this provision, Arkmon may immediately terminate this Agreement and the User shall not be entitled to receive any further compensation. In addition Arkmon may hold back any still outstanding payments to the User indefinitely, even if they were potentially earned before the moment at which Arkmon detected the violating behavior.

The definition of manipulation or exploitation is at the sole discretion of Arkmon. The User acknowledges that Arkmon may change its definition of manipulation or exploitation at any time without notice.

Referrals

The user can receive a referral code from Arkmon. When another user signs up with their code, the inviting user and the new user will receive a reward. The reward is determined by Arkmon and may change at any time without notice. The reward may be in the form of a discount coupon, a free trial period, or other incentives. As an example, invited users who sign up with the referral code of another user could receive an additional free month coupon at signup. The inviting user is rewarded with a free month coupon when the invited user has rebalanced for the first time. The reward may be different for the inviting user and the new user. The reward may be different for different users and may change at any time without notice. The reward may be subject to additional terms and conditions, which will be communicated to the user at the moment they become relevant, e.g. during reward payout. Changes to the referral program do not entitle existing users who signed up at with a referral or other type of signup code to receive additional coupons or compensation of any kind.

Affiliates

Arkmon may choose at its sole discretion to offer participation in the Arkmon Affiliate program to any Arkmon user. As an Affiliate additional rewards and reward types may be made available to the user by Arkmon. In addition to the provisions applicable to all users, the following provisions apply to Affiliates:

Arkmon's Affiliate collaboration approach is designed to provide sufficient creative room for the Affiliate's talents and knowledge of their audience to best market Arkmon's services. Any content created by the Affiliate under the program must be original and comply with the guidelines provided by Arkmon as well as the content policies of the (social media) platforms used by the Affiliate to publish their content. If any content is found to be non-compliant with such policies as a result of using Arkmon assets or related materials, which leads to demonetization or similar consequences, you acknowledge and agree that Arkmon will not compensate you for any loss of income.

Content guidelines

The guidelines for content creation are accessible in one or more separate documents located on the Arkmon Affiliate Dashboard, which is subject to change at Arkmon's discretion. The Affiliate agrees to use their social media platforms to promote and advertise Arkmon's services to their followers. The choice of frequency of content publication and platform used for this purpose are left up to the Affiliates judgement, provided that it is within the constraints of Arkmon's content guidelines and within the term of this agreement and the Affiliate Program.

Property Rights

Under this agreement, Arkmon will provide the Affiliate with certain creative assets, referred to as "Arkmon Intellectual Property," which the Affiliate can use in their social media posts. The Affiliate recognizes and agrees that Arkmon Intellectual Property, including all copyrights and proprietary rights, belongs solely to Arkmon. Any content or materials incorporating the Arkmon Intellectual Property will also be considered Arkmon's property. However, Arkmon agrees to waive any claim to monetization resulting from the Affiliate's use of the content or materials, so long as their use by the Affiliate complies with the terms of this Agreement and the Affiliate Program. Should Arkmon determine that the Affiliate's use of the Arkmon Intellectual Property is in violation of this Agreement or the Affiliate Program, Arkmon reserves the right to revoke the Affiliate's license to use the Arkmon Intellectual Property and to take any other action deemed necessary to protect its rights.

Affiliate Program Term

Each affiliate association with Arkmon is on a time limited basis. When an Affiliate offer is proposed to a user this contains a start and end time definition. Usually the start time is the moment of creation of the offer draft. The end time is the moment the offer is defined to expire or is terminated by Arkmon. The end time may be extended by Arkmon at its sole discretion. The end time may be shortened by Arkmon at its sole discretion.

Affiliate Confidentiality

The Affiliate agrees to keep all information received during the Affiliate Term confidential, except as permitted by Arkmon or required by law or this Agreement. The Affiliate will protect the confidentiality of the information and only use it for purposes allowed under this Agreement. This includes any customer, financial, payment, or performance-related information, which the Affiliate shall not disclose to any third party without Arkmon's written consent. The Affiliate must immediately inform Arkmon in writing of any unauthorized access or disclosure of confidential information. These confidentiality obligations will continue for two (2) years after the termination of this Agreement.

Arkmon agrees to use its best efforts to keep the Affiliate's personal information confidential and secure. However, Arkmon cannot be held liable for any leak or unauthorized disclosure of the Affiliate's personal information that may occur as a result of a breach, rogue actor, employee error, cyber-attack, system failure, third-party hacking, interception of data during transmission, natural disaster, or any other similar events beyond its control. The Affiliate acknowledges and agrees that the security of personal information cannot be guaranteed and that any transmission of personal information is at the Affiliate's own risk. Arkmon will, however, inform the Affiliate as soon as reasonably possible in the event of any unauthorized access, disclosure, or suspected breach of the Affiliate's personal information, and will take all reasonable measures to mitigate any potential harm or damage resulting from such incidents. The Affiliate agrees to cooperate with Arkmon in any investigation and remediation efforts related to any such incidents.

Termination of Affiliate

This Affiliate offer may be terminated by either party at any time and for any reason by providing written notice to the other party. Upon termination, the Affiliate must stop using Arkmon's confidential information and intellectual property and return any confidential information in their possession or control. The Affiliate acknowledges that continuing to use or keep Arkmon's confidential information or intellectual property after the termination of the Agreement could harm Arkmon, and Arkmon may seek legal remedies to enforce its rights. If the Agreement is terminated by mutual agreement, the Affiliate will be paid for any compensation earned up until the termination date. Confidentiality, proprietary rights, indemnification and any other provisions which by their nature should survive termination will continue to apply after the termination of this Agreement.

Compensation and Termination in the Event of Account Cancellation or Deactivation

If the Affiliate's social media account(s) is/are cancelled or deactivated, they must immediately notify Arkmon in writing. If this happens, this Agreement will terminate immediately and all future obligations under this Agreement will cease. However, Arkmon may choose to still pay the Affiliate any compensation earned up to the point of cancellation, as outlined in this Agreement. The termination provisions of this Agreement will apply, including the provisions that survive termination.

Notice

Any notices required or permitted under this Agreement shall be in writing and sent to the email address associated with the User's Arkmon account. The User shall promptly notify Arkmon of any changes to or loss of access to the email address associated with their account. Notices sent to the email address associated with the User's Arkmon account shall be deemed received upon transmission. It is the responsibility of the User to ensure that they regularly check their email for notices from Arkmon. Any notice is deemed effective on the day it is sent by email, unless the sending party receives notification that the email was not delivered. If an email is not deliverable, notice will be effective on the day it's delivered via overnight courier, hand delivery, or registered/certified mail with a return receipt requested.

Indemnification

The User agrees to defend, indemnify, and hold harmless Arkmon, its licensees, licensors, and their employees, contractors, agents, officers, and directors from any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses, including but not limited to attorney's fees, arising out of the User's use and access to the Services, by the User or anyone using the User's account and password, or resulting from a breach of these Terms. Specifically, the User commits to protecting Arkmon against legal claims or expenses arising from the User's work under this Agreement due to gross negligence or intentional misconduct. Upon the occurrence of such a claim, Arkmon will inform the User and provide assistance in the defense at the User's expense. The User retains the right to control the defense and settlement of any such claim, subject to Arkmon's approval, which shall not be unreasonably withheld or delayed, to ensure the indemnification process is fair and does not create undue burdens on either party.

Partial validity

In the event any provision, paragraph, or part of this Agreement, including but not limited to provisions within Arkmon's other policies such as the Privacy Policy, is found to be illegal, invalid, or unenforceable by a court of competent jurisdiction, the parties agree to work together in good faith to amend or replace the invalid or unenforceable provision with a valid one that most closely achieves the original provision's intent and purpose, to the fullest extent permitted by applicable law. The modification or interpretation of the invalid or unenforceable provision shall be done in a manner that preserves its intended effects as much as legally possible. The remaining provisions of this Agreement and any referenced policies shall remain in full force and effect, unaffected by the invalidity or unenforceability of any specific part, and these Terms shall take precedence in the event of any conflict with provisions or paragraphs of other Arkmon policies.

Governing Law

This Agreement, including all terms and conditions and any disputes arising from or related to it, shall be governed by and construed in accordance with the laws of the Netherlands. Any dispute, controversy, or claim arising out of or relating to this Agreement, including the validity, invalidity, breach, or termination thereof, shall be resolved by arbitration in accordance with the Arbitration Rules of the International Chamber of Commerce. The arbitration shall be conducted by one or more arbitrators appointed in accordance with said Rules, and the seat of arbitration shall be in the European mainland Netherlands, chosen at the sole discretion of Arkmon. The arbitration proceedings shall be conducted in English.

The parties commit to equally share the costs of arbitration, unless the arbitrators decide otherwise. Any award made by the arbitrators shall be final and binding on both parties, and judgment on the award may be entered in any court having jurisdiction over the matter. This provision for arbitration does not preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Furthermore, these Terms shall take precedence in the event of any conflict with provisions or paragraphs of other Arkmon policies, including but not limited to the Privacy Policy, and the parties irrevocably submit to the exclusive jurisdiction of the courts in the Netherlands for any matters not subject to arbitration as outlined herein.

How can you contact us about this notice?

If you have any questions or concerns about the privacy policy please contact us.