Terms of Service
Ark Companion for iOS and Android
These Terms of Service (“Terms”) govern your use of the Ark Companion mobile application (the “App”) provided by Dark Bio AG (“we,” “us,” or “our”). By installing or using the App, you agree to these Terms. If you do not agree, do not use the App.
1. Overview
The App is a companion application for the Dark Bio Ark hardware device. It enables you to pair with an Ark, authorize operations such as device unlocking and task execution, manage device settings, and review the Ark’s tamper-evident audit journal.
The App requires a physical Dark Bio Ark device to function. The App does not operate independently as a standalone product.
2. Eligibility
You must be at least 13 years of age (or the applicable age of digital consent in your jurisdiction) to use the App. By using the App, you represent that you meet this requirement.
3. License
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to install and use the App on a device you own or control, solely for the purpose of interacting with your Dark Bio Ark device.
You may not:
- Copy, modify, distribute, or create derivative works of the App.
- Reverse-engineer, disassemble, or decompile the App, except to the extent permitted by applicable law.
- Use the App for any unlawful purpose.
- Attempt to circumvent or interfere with the App’s security mechanisms.
4. No Account Required
The App does not require you to create a user account. Authentication is performed locally on your device through cryptographic pairing with your Ark and optional biometric verification.
5. Relay Service
The App communicates with your Ark device through our relay service. The relay routes end-to-end encrypted messages between the App and your Ark. We cannot read or modify the content of these messages. We make reasonable efforts to maintain relay availability but do not guarantee uninterrupted service. If the relay is unavailable, certain features requiring real-time communication with your Ark will be temporarily unavailable.
6. Nature of the App
The App is an authorization and device management tool. It may display and locally cache analysis results produced by third-party applications running on your Ark, but it does not generate or interpret those results. All data analysis is performed on the Ark, not by the App. The App and the Ark are not intended to provide professional advice of any kind.
7. Data and Cryptographic Keys
The App generates and stores cryptographic keys during device pairing. These keys are essential for authorizing operations on your Ark and for decrypting the data stored on it. Loss of all paired companion devices without a recovery mechanism may result in permanent inability to access data on your Ark. You are responsible for maintaining access to your paired companion device(s).
8. Third-Party Application Ecosystem
The Ark device supports third-party analysis applications that run in a sandboxed environment on the device. Authorization requests from these applications may be presented to you through the App. We do not develop, endorse, or assume responsibility for third-party applications. Your interaction with third-party applications through the authorization flow is at your own discretion.
9. Open Source Components
The App incorporates open source software components, each governed by its own license terms. A list of these components and their licenses is available within the App under Settings > Open Source Licenses. Nothing in these Terms restricts your rights under applicable open source licenses.
10. Disclaimer of Warranties
THE APP 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.
We do not warrant that the App will be uninterrupted, error-free, or free of harmful components, or that defects will be corrected.
11. 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, OR ANY LOSS OF DATA, PROFITS, REVENUE, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE APP, REGARDLESS OF THE THEORY OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE APP (WHICH IS ZERO FOR A FREE APPLICATION).
12. Indemnification
You agree to indemnify and hold harmless Dark Bio from and against any claims, damages, losses, liabilities, costs, and expenses arising out of or related to your violation of these Terms or your misuse of the App.
13. Termination
These Terms are effective until terminated. You may terminate by unpairing your device and uninstalling the App. We may terminate or suspend your access to the App at any time for any reason. Upon termination, all rights granted to you under these Terms cease immediately.
14. Changes to These Terms
We may revise these Terms at any time by updating this page. The effective date at the top indicates when the latest revision took effect. Continued use of the App after changes constitutes acceptance of the revised Terms.
15. Governing Law
These Terms are governed by and construed in accordance with the laws of Switzerland, without regard to conflict of law principles. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of Zug, Switzerland.
16. Contact
If you have questions about these Terms, contact us at legal@dark.bio.