Ark Software License Agreement
Applicable to Ark hardware and the software pre-installed on it
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE USING YOUR DARK BIO ARK DEVICE. BY USING THE DEVICE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT USE THE DEVICE AND RETURN IT WITHIN THE APPLICABLE RETURN PERIOD.
1. Definitions
- “Ark” means the Dark Bio Ark hardware device you have purchased or received.
- “Software” means the firmware, operating system, and all pre-installed software on the Ark, including any updates provided by Dark Bio.
- “Companion App” means the Ark Companion mobile application, governed separately by its own Terms of Service and Privacy Policy.
- “Third-Party Applications” means analysis applications developed by third parties that may be executed on the Ark.
- “Your Data” means all data you upload, import, generate, or store on the Ark.
2. License Grant
Subject to the terms of this Agreement, Dark Bio grants you a non-exclusive, non-transferable license to use the Software solely on the Ark device on which it is pre-installed or to which it is delivered as an update. This license does not transfer ownership of the Software to you.
3. Open Source Software
The Software may incorporate open source components, each governed by its own license terms. Where the terms of an open source license conflict with this Agreement, the open source license governs for that component. Nothing in this Agreement restricts your rights under applicable open source licenses.
4. Data Ownership and Sovereignty
Your Data belongs to you. Dark Bio claims no ownership, license, or interest in Your Data.
The Ark is designed so that Your Data is stored exclusively on the device in encrypted form. Your Data is not transmitted to Dark Bio or any third party unless you explicitly authorize such transmission through the Companion App. We cannot access Your Data because the encryption architecture requires cooperation of your paired Companion device(s).
5. Companion Device Requirement
The Ark requires pairing with at least one Companion device (running the Ark Companion app) to unlock its encrypted storage and authorize operations. The cryptographic keys stored on your Companion device are essential for accessing Your Data. Your Data is encrypted such that Dark Bio cannot access or recover it on your behalf.
Backup and recovery solutions for Companion keys and device data are planned but do not currently exist. In the current phase, loss or corruption of your Ark device, Companion device, or the pairing keys may result in permanent and irreversible loss of Your Data.
You are responsible for:
- Maintaining access to at least one paired Companion device.
- Pairing additional Companion devices as backup, if supported by your Ark.
- Keeping your Companion device(s) secure and up to date.
6. Software Updates
Dark Bio may make Software updates available from time to time. Updates may include security patches, bug fixes, and new features. The Ark does not support over-the-air updates; all updates must be initiated by you through a physical connection to a host computer and authorized through the Companion App. You are responsible for installing updates.
We recommend installing security updates promptly. We are not obligated to provide updates indefinitely, but we will provide reasonable notice if ongoing support for a product is discontinued.
7. Third-Party Applications
The Ark supports execution of Third-Party Applications in a deterministic sandbox environment. These applications:
- Run in complete isolation with no network access and no filesystem access beyond a constrained output buffer.
- Can only access Your Data that you explicitly authorize through the Companion App.
- Produce output that is sent to your Companion App for review; you must approve it before it is forwarded to the host computer.
Dark Bio does not develop, endorse, warrant, or assume liability for Third-Party Applications. Third-Party Applications are the sole responsibility of their developers. Any claims related to Third-Party Applications must be directed to the respective developer.
8. Relay Service
Dark Bio operates a cloud relay service that routes end-to-end encrypted messages between the Ark and the Companion App. The relay cannot read or modify message content. We make reasonable efforts to maintain relay availability but do not guarantee uninterrupted service.
The relay service is provided at no additional charge. We reserve the right to modify or discontinue the relay service with reasonable notice. The Ark is designed to allow the use of alternative relay implementations in the future.
9. Nature of the Device
THE ARK IS A PERSONAL DATA STORAGE AND COMPUTATION DEVICE. It is not intended to provide professional advice of any kind.
The Ark may be used to store personal data and execute analysis applications that interpret such data. Any analysis results produced on the Ark, whether by Dark Bio software or Third-Party Applications, are for informational purposes only and should not be relied upon as a substitute for professional advice.
10. Security and Cryptography
The Ark employs post-quantum cryptographic primitives for encryption and authentication. While we have designed the Ark with the goal of providing strong security, no system can guarantee absolute security. We do not warrant that the Ark’s security mechanisms are impervious to all attacks.
You acknowledge that:
- The security of Your Data depends in part on actions within your control, including physical security of the device and Companion device(s).
- A factory reset permanently destroys the encryption keys for Your Data on the device. This action is irreversible.
- The tamper-evident audit journal records device events but cannot prevent unauthorized physical access to the hardware.
11. Restrictions
You may not:
- Use the Ark or Software for any purpose that violates applicable law.
- Attempt to extract, clone, or compromise the hardware secure element or device attestation keys.
- Remove or alter any proprietary notices on the Ark or in the Software.
12. Disclaimer of Warranties
THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. The Ark hardware is covered by a separate Limited Hardware Warranty.
DARK BIO DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE ARK WILL MEET YOUR SPECIFIC REQUIREMENTS.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DARK BIO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF PROFITS, LOSS OF REVENUE, OR LOSS OF BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THE ARK OR SOFTWARE, REGARDLESS OF THE THEORY OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DARK BIO’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE PURCHASE PRICE YOU PAID FOR THE ARK DEVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
14. Indemnification
You agree to indemnify and hold harmless Dark Bio, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses arising out of or related to your violation of this Agreement, your misuse of the Ark, or your violation of any applicable law.
15. Export Compliance
The Ark and Software contain cryptographic technology. You are responsible for compliance with all applicable export and import laws and regulations in your jurisdiction. You may not export or re-export the Ark or Software in violation of such laws.
16. Termination
This Agreement is effective until terminated. Your rights under this Agreement terminate automatically if you fail to comply with any of its terms. Upon termination, you must cease all use of the Software. Termination does not affect your ownership of the Ark hardware or Your Data stored on it.
17. Severability
If any provision of this Agreement is held invalid or unenforceable, the remaining provisions remain in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent.
18. Entire Agreement
This Agreement constitutes the entire agreement between you and Dark Bio regarding the Software and supersedes all prior agreements and understandings. The Companion App is governed by its own Terms of Service.
19. Governing Law
This Agreement is governed by and construed in accordance with the laws of Switzerland, without regard to conflict of law principles. Any disputes arising under this Agreement shall be subject to the exclusive jurisdiction of the courts of Zug, Switzerland.
20. Contact
For questions about this Agreement, contact us at legal@dark.bio.