Terms of Service

Version 1, effective October 11, 2026

ARK Truck Loader - Terms of Service

1. About these Terms

1.1 Parties. These Terms of Service (the "Terms") are an agreement between ARK Loading LLC, a Florida limited liability company ("ARK Loading", "we"), and the business named in a signed client agreement with ARK Loading (the "Client"). In these Terms, "you" means the Client and the people who use the program on its computers.

1.2 The program. "The program" means ARK Truck Loader, its updates, the branch's algorithm, inventory and default settings that come with the software key, and ARK Loading's online service at arkloading.com that the program connects to.

1.3 Client agreement. Every Client, including one in a pilot, signs a client agreement with ARK Loading and a Schedule for each branch. The Schedule sets the branch, the license period, the number of computers and any fees; a pilot's Schedule has no fees.

1.4 Acceptance. The Client accepts these Terms by signing its client agreement, which names the version of the Terms it accepts. The Client is responsible for its users following these Terms.

1.5 Users. A person who ticks "I agree to the Terms of Service" and activates a computer confirms that the Client has authorized that activation, and agrees to use the program only as these Terms allow. Activating does not make that person personally responsible for the Client's payment or indemnity obligations, and does not let that person accept a material change to these Terms for the Client (section 16).

1.6 Order of precedence. If these documents differ, a signed data processing addendum (if there is one) controls on data processing, a signed Schedule controls on its commercial terms, the client agreement controls next, and these Terms control last.

1.7 Version. This is version 1 of these Terms. It takes effect on the date ARK Loading publishes it, which is shown with it at arkloading.com/terms.

2. Your license

2.1 License. ARK Loading licenses the program to the Client; it does not sell it. The license is non-exclusive and non-transferable. It lets the Client's staff use the program at the branch its software key belongs to, to plan that branch's own deliveries, while the license is active.

2.2 One software key per branch. The key works on up to the number of computers ARK Loading sets for the branch. The limit counts the branch's active computers, under its current and earlier keys. A computer that ARK Loading switches off, blocks or frees, or that frees its place under section 3.5, does not count.

2.3 One Windows user per computer, unless ARK Loading raises that for the branch.

2.4 Internal use only. The Client may not resell, rent, lend, sublicense or transfer the program, or use it to plan loads for another business. An affiliate or another branch of the Client may use the program only under its own signed Schedule.

2.5 License period. The license period runs through the branch's last valid day, which ARK Loading sets to match the Schedule. A day ends at midnight Central Time. The license can end earlier under section 13.

3. Software keys, activation and computers

Treat the software key like a password: give it only to the people who set up the program for your branch.

3.1 Activation. Activation needs an internet connection. It registers the computer with ARK Loading and gives it a pass of its own, which works only on that computer for that Windows user. The key itself is not stored on the computer.

3.2 Updates and reinstalls. Updates and reinstalls on the same computer need no key. It is typed again only on a new computer, for a new Windows user, or when ARK Loading asks for it.

3.3 One activation, one computer. One activation runs on one computer. A copied computer or disk image is detected and must activate again. Restoring a backup on the same computer is not a copy.

3.4 What ARK Loading sees and controls. ARK Loading sees which computers use the branch's key, numbered in the order they activated (for example "Client - Branch - Computer 001"). It can switch a computer off, block it or free its place.

3.5 Inactive computers. A computer that hasn't checked in for 30 days frees its place.

4. Staying connected

The program must reach ARK Loading at least once every 14 days, or it locks until it checks in again. It connects only to arkloading.com.

4.1 Check-ins. Check-ins happen when the program starts, every hour while it is open, at the start of each nightly upload, and when you choose Check Now or Try Again. Each one confirms the license is still active.

4.2 The 14-day rule. A computer that hasn't reached ARK Loading for 14 days locks until it checks in again. It also locks if it has been kept open for 14 days without a check-in, or if its clock is set more than 24 hours back while offline.

4.3 Offline. Not being connected to the internet doesn't lock the program by itself. The program keeps working offline until the 14-day rule in section 4.2 applies.

4.4 Locks never discard work. If the program is closed, a lock takes effect at the next start. If it's open, it lets the current load finish and restarts into the lock screen as soon as there's no unsaved work. If that hasn't happened within 24 hours, it stops starting new loads until it restarts.

5. Updates

ARK Loading keeps the program up to date, and updates can't be declined.

5.1 Installing. Updates download in the background and install the next time the program starts, never while you are working. They need no administrator rights and keep your setup and saved deliveries.

5.2 Required updates. A required update installs before the program opens. If it can't download, the program asks for an internet connection.

5.3 Failed updates. If an update fails to install, the earlier version opens and ARK Loading is told, so it can fix the problem. The program tries again later.

5.4 Versions. ARK Loading sees which version each computer runs.

6. Your branch's algorithm, inventory and settings

The loading algorithm, the materials inventory and the starting settings come from ARK Loading with the software key; the branch doesn't choose them or edit them directly.

6.1 Algorithm. The algorithm that plans loads is chosen by ARK Loading for the branch. It downloads when the computer activates and is updated without reinstalling. It is checked before use and kept encrypted on the computer.

6.2 Inventory. The inventory is the branch's one master list of materials. It is ARK Loading's version, made for the program, and ARK Loading maintains it largely from information the Client provides, such as the Client's own inventory and its Material Issues. It is hidden and encrypted on the computer; the store uses it through the program but has no direct access to it.

6.3 Who owns which inventory. The Client owns its own inventory, and nothing in these Terms limits what the Client does with it. ARK Loading owns its version for the program, including the measurements, corrections, additions and format it adds. ARK Loading's version of the Client's inventory is used only for the Client's own branches and is never shared with another client. Apart from the Client's own computers and the copies in section 6.4, it is disclosed only as section 8 allows. This doesn't stop ARK Loading from using measurements it takes or looks up itself, such as a material's size or weight from a manufacturer's specifications, in other clients' inventories; information that comes from the Client, such as its item numbers, descriptions, the materials it carries and its Material Issues, is used only for the Client (section 8.1).

6.4 Copies for the Client. While the Client's license is active, ARK Loading will send the Client a copy of its version on request to [email protected], within 30 days. The Client may keep that copy and use it for its own business, including updating its own inventory to match it.

6.5 New materials. A material that isn't in the inventory can still be added to a load. It is recorded in Material Issues and sent to ARK Loading, which approves it, rejects it or matches it to an existing material. An approval updates only the branch that sent it.

6.6 Default settings. Default settings (such as the export format) are a starting point applied at activation. The store may change them. A later change from ARK Loading updates only settings the store never changed.

6.7 Trucks. Trucks are kept on each computer; the truck list itself isn't uploaded, though each saved delivery records the truck it was planned on. Truck measurements are the store's to enter and keep correct (section 10).

7. What the program sends to ARK Loading

Delivery files and inventory updates are encrypted and sent to ARK Loading servers for data analysis and inventory approval throughout the day, within minutes of being saved. Besides those uploads, the program sends a short check-in, and a support report only when someone asks it to.

7.1 Encrypted uploads. While the program is open, new and changed files are sent within about 5 minutes of being saved, and each night at about 8:30 PM local time the program also sends anything still waiting (ARK Loading can change the time or switch uploads off for a branch), with catch-up when the program next starts; no sign-in is needed. While the computer is offline, files wait on it, encrypted, until they can be sent. The encrypted uploads contain the computer's delivery files (saved and exported loads, including scanned order tickets, with your customers' names, addresses and order numbers), its Overflow files and its Material Issues. Only new or changed files are sent; a file over 1 GB is left out and reported. If Documents is shared through OneDrive, only files this computer wrote are sent. A file that was sent and is later changed or deleted on the computer stays in ARK Loading's archive as it was sent.

7.2 Check-ins. A check-in is sent at each start, hourly while the program is open, before each nightly upload, and when you choose Check Now or Try Again. It contains the computer's name; two one-way codes that tell this computer and this Windows user apart without naming them; the program and Windows versions; which algorithm, inventory and settings are in use; how the last upload and update went; error codes; hours used since the last check-in; and the computer's clock.

7.3 Support reports. A support report is sent only when someone chooses Send Support Info. It contains the branch and computer, program and Windows details, graphics card, disk space and screens, license status, upload and inventory status, recent errors (where and what kind, never their message), and any note you type. Customer names and street addresses that the program knows from its customer list and recent deliveries are replaced by "<customer>" before the report leaves the computer, and the note box asks for none. Don't type customer information, passwords or keys into the note. If a report can't be sent, it is saved for you to email instead.

7.4 What is never sent. The program never sends the software key, passwords, Windows user names, files outside the ARK Loading folders, or your truck list. Whatever is printed on a scanned ticket, or typed into a support note, is sent as it is. ARK Loading's records hold no IP addresses or locations (section 8.6 covers the hosting provider's own security records).

8. How ARK Loading uses, protects and keeps that information

ARK Loading uses each kind of information the program sends only for the purposes listed for it below. It keeps the Client's information confidential, never sells it, never uses it for advertising, and never shares it with other clients.

8.1 Purposes. Each kind of information is used only as follows:

- Delivery files (including Overflow files): only to improve ARK Loading's loading algorithm and to provide services to the Client, such as delivery reports. Anything made from the Client's delivery files for those services is given only to that Client.
- Inventory information (the Client's own inventory, the materials each load used, the branch's inventory changes and its Material Issues): only to make and improve ARK Loading's version of the inventory for the Client's own branches.
- Check-ins, support reports and error information: only to run the Client's license and to support and fix the program.

8.2 The improved algorithm. An algorithm improved this way may be used for every client of ARK Loading. The Client's files and information themselves are never given to another client.

8.3 Reports and services. Each delivery report, and anything else made from the Client's delivery files, is made only from that Client's files and given only to that Client.

8.4 Confidential, and never across clients. Delivery files and inventory files and information are kept confidential and are never shared across clients. A Client can access only the delivery files its own computers made, and the reports made from them.

8.5 Who may handle it. ARK Loading may let its own personnel and its service providers handle the Client's information only as needed for the purposes in section 8.1, and only under duties of confidentiality.

8.6 Encrypted from the store to ARK Loading. Uploads and support reports are encrypted on the store's computer so that only ARK Loading can open them, and they stay encrypted while they travel and while they are stored. ARK Loading opens them only on its own computers or on online systems that its service providers run for it (section 8.5). Any viewing of the Client's information is either on ARK Loading's encrypted websites or on ARK Loading's own computers, where it is kept encrypted. A support report the Client emails instead (section 7.3) is kept in ARK Loading's email. ARK Loading tells the Client on request which service providers it currently uses. The hosting provider's security systems may record visitors' IP addresses in its own logs; ARK Loading keeps none. If ARK Loading confirms that someone without permission accessed the Client's information, it will tell the Client's contact for notices promptly, and within 10 days, with what it knows.

8.7 When the law requires disclosure. ARK Loading discloses the Client's information to anyone else only when the law requires it, such as under a court order. Unless the law forbids it, ARK Loading will tell the Client first and disclose only what is required.

8.8 How long it is kept. ARK Loading keeps the Client's delivery files and inventory information, encrypted (section 8.6), while the Client's license is active. After the license ends, ARK Loading may keep them indefinitely, and may delete any of them at any time.

8.9 Copies during the license. While the Client's license is active, ARK Loading will provide the Client, on request to [email protected] and within 30 days, copies of the Client's delivery files that ARK Loading has received. ARK Loading may also offer the Client online access to its own delivery files and the reports made from them, under the sign-in rules shown there. A replacement computer starts empty; the program doesn't restore past deliveries by itself.

8.10 Nothing after the license ends. Once the Client's license has ended, ARK Loading has no duty to provide, return or export any of the Client's information, and it never has a duty to provide information it has deleted after a license ended, or information lost through events beyond its reasonable control. The Client keeps its own copies of anything it needs.

9. Your customers' information

Delivery records hold the Client's own customers' names, delivery addresses and order numbers, and whatever is printed on scanned order tickets. ARK Loading receives them in the program's uploads, throughout the day, and handles them on the Client's behalf.

9.1 The Client's confirmation. The Client confirms that it may share this information with ARK Loading for the purposes in section 8, and for ARK Loading to keep it as section 8 describes, and that it has given its customers any notice and obtained any consent the law requires.

9.2 What the Client sends. The Client decides what is on the tickets it scans, and avoids sending information those purposes don't need, such as payment card details, passwords or government identification numbers.

9.3 How ARK Loading handles it. ARK Loading uses it only for those purposes, keeps it encrypted (section 8.6), and never contacts the Client's customers.

9.4 Support reports. Support reports leave it out: the customer names and addresses the program knows are replaced before a report leaves the computer (section 7.3).

9.5 Uninstalling. Uninstalling removes it from the program's folders once ARK Loading has it, with the exceptions in section 14.

9.6 Data processing addendum. Where the law requires a data processing addendum for this information, the Client and ARK Loading will sign one, and it controls on data processing (section 1.6).

10. The program is a tool; people make the loading decisions

The program is a planning tool, not an autonomous system. It suggests reference load plans that fit the specifications it is given. A person at the Client must review and accept every plan before it is used, and the Client decides how each truck is actually loaded.

10.1 What a plan is. A plan is a reference: a suggested placement of materials that fits the truck measurements, the inventory's sizes and weights, the settings and the other specifications the program was given. It is not an instruction, an inspection, an engineering approval or a certification that a load is safe or legal.

10.2 What the program does not do. The program does not load, inspect, weigh, secure or dispatch any truck, and it does not check a load against the law.

10.3 A competent person reviews every plan. Before a plan is used, a competent person at the Client must review it and its warnings and decide whether to accept it. Using a plan, in whole or in part, means the Client has reviewed and accepted it. If the Client can't verify a plan, or can't resolve one of its warnings or a discrepancy, it must not use that plan.

10.4 Independent checks. The Client must check for itself the materials' sizes and weights, whether each placement suits the truck and the material, the load's stability and axle distribution, the truck's capacity and the load's securement. The Client must not rely on the program as the only basis for a safety or legal decision.

10.5 The Client's specifications. The Client is responsible for every specification it provides or chooses, such as truck measurements and ratings, settings, materials it adds and any other instructions, and for making sure they follow the laws and rules that apply to its trucks and loads. ARK Loading does not check them. A plan is only as correct and as lawful as the specifications it was built from. Measure trucks with the program's measuring sheet and keep the truck list current.

10.6 Weights are estimates calculated from the inventory, not scale readings.

10.7 Before a truck leaves, the loader and driver must check the load against the truck's ratings and the weight, height, width, axle and cargo securement rules that apply to it, and secure it.

10.8 Overflow. Pieces the program can't place are listed as overflow; check them before the truck leaves.

10.9 Loads that differ from the plan. If a truck is loaded differently from its plan, the plan no longer describes that load, and ARK Loading has no responsibility for it.

10.10 The Client's control. The Client alone decides whether to accept a plan, and how its trucks are loaded, secured and dispatched.

10.11 Records. The Client keeps its own records of the plans it used, their warnings, its checks and its actual loads, under its normal retention policy. The program doesn't record every plan it makes or every choice a user makes: ARK Loading receives only the saved files section 7 describes, and a load that was never saved, or was deleted before it was sent, never reaches ARK Loading.

11. What you may not do

11.1 Restrictions. Use the program only as these Terms allow. Except where the law or a component's own license (section 12.4) allows it, you may not:

(a) copy the program, its algorithm or the inventory file on the computer, except as the program itself does on licensed computers (a copy of the inventory that ARK Loading sends under section 6.4 may be used as section 6.4 allows);

(b) reverse engineer, decompile, disassemble or modify the program, or try to extract its algorithm or ARK Loading's version of the inventory;

(c) get around the license: change the computer's clock to avoid a lock, copy the program's license files, alter the program or its files, or block its check-ins;

(d) share or publish the software key, or use it at another branch or on more computers than allowed;

(e) give the program's files, its algorithm or ARK Loading's version of the inventory to any outside person or service, including an AI service, without ARK Loading's written permission;

(f) use the program, its plans or its output to build, train, test or improve a competing loading product or model, including by running orders through the program to collect its plans;

(g) interfere with arkloading.com or use ARK Loading's service for anything but the program's own calls and any online access ARK Loading offers under section 8.9.

11.2 What stays allowed. This section doesn't stop the Client from using its own delivery records in its business, reviewing plans for safety, or sharing its records and plans with its drivers, customers, insurers, advisers or the authorities. Ordinary backups of the Client's computers are allowed if they are protected and not used to run extra copies of the program.

12. Ownership, open-source components and feedback

12.1 Ownership. ARK Loading owns the program, its algorithms, its version of the inventory and its documentation; the Client owns its delivery records, its own inventory and its customers' information.

12.2 Rights the Client gets. The Client gets only the license in section 2 and the use of inventory copies in section 6.4; every other right in the program stays with ARK Loading and its licensors.

12.3 The Client's grant to ARK Loading. The Client gives ARK Loading a non-exclusive, royalty-free and irrevocable right to keep and use its delivery files, its own inventory, the inventory information that goes with its deliveries and its Material Issues for the purposes in section 8, including to make and maintain ARK Loading's version of the inventory, during the license and after it ends, for as long as ARK Loading keeps them.

12.4 Open-source components. The program includes components that come with their own license terms, listed in THIRD-PARTY-NOTICES.txt in the program's folder. Those terms govern those components and prevail over anything in these Terms that conflicts with them, and nothing in these Terms takes away a right they give you. In particular, where a component's license (such as the GNU Lesser General Public License) lets you change that component and reverse engineer the program to debug such changes, sections 11 and 13 do not forbid it; a changed component may stop the program's license checks from passing.

12.5 Microsoft's runtime files. Components that their makers license with restrictions, such as Microsoft's runtime files, remain subject to those restrictions: you may not change them, reverse engineer them or use them apart from the program.

12.6 Feedback. If you send ARK Loading ideas or suggestions, it may use them freely, without payment.

13. Expiry, revocation and ending these Terms

When the license ends, the program locks at its next start; saved work is never lost, and uploads continue for 30 more days.

13.1 Expiry. The program gives no advance warning. It locks at the first start after the branch's last valid day. Renewal is arranged with ARK Loading under the client agreement.

13.2 Pilots. A pilot lasts 30 days from the start date in its client agreement, and its last valid day is set to match. It ends earlier only if the Client and ARK Loading both agree in writing (an email is enough), or under section 13.3. When a pilot ends, the license ends with it unless the Client and ARK Loading sign a paid Schedule to continue.

13.3 Revocation. ARK Loading may revoke a branch's license as the client agreement allows, or if these Terms are broken. The lock screen shows the date it was revoked. ARK Loading can restore it.

13.4 Single computers. ARK Loading may switch off or block a computer, for example one that was copied or is used outside these Terms.

13.5 Uploads afterwards. For 30 days after a license ends or a computer is switched off, the program keeps sending its uploads but plans no loads, so ARK Loading has the branch's last deliveries. A blocked or copied computer stops at once.

13.6 Stopping. The Client may stop at any time by uninstalling the program. Uninstalling does not by itself end the client agreement or what the Client owes under it.

13.7 After the license ends. The Client and its users must stop using the program to plan loads, and keep no copy of the algorithm or of ARK Loading's version of the inventory taken from the program, apart from inventory copies sent under section 6.4. Files that uninstalling leaves behind (section 14.3) give no right to plan loads.

13.8 What continues. Sections 8, 9, 10, 11, 12, 13.7, 15 and 17 continue after these Terms end.

14. Uninstalling

Uninstalling removes the program and the customer information in its folders, except files that haven't reached ARK Loading yet.

14.1 Removed at once: the program, the saved customer list and customer workbook copy, saved load packages, reports and logs.

14.2 Removed once ARK Loading has them: the delivery files, Overflow files and Material Issues this computer wrote. Anything not yet sent is sent first. Anything that can't be sent stays on the computer with a message saying so, and may hold customer names. Files other computers wrote to a shared OneDrive folder are left alone.

14.3 Kept: the license files, the branch's package, the truck list and the program's settings (with remembered file locations cleared). They hold no customer names, and they let a reinstall on the same computer start without the key.

14.4 Copies outside the program. Files outside the program's folders, such as the Client's own backups, copies and scanned originals, aren't touched; the Client looks after those itself.

15. Disclaimers, limitation of liability and responsibility for loads

Except as the client agreement says otherwise, the program is provided as is, each party's liability is limited as below, and the Client is responsible for its own loads.

15.1 AS IS. THE PROGRAM AND ITS PLANS ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT THE LAW ALLOWS, ARK LOADING GIVES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR NON-INFRINGEMENT. ARK LOADING DOES NOT PROMISE THAT THE PROGRAM OR ITS PLANS ARE FREE OF ERRORS, THAT EVERY LOAD FITS AS PLANNED, THAT A PLAN IS SAFE OR LAWFUL, OR THAT THE SERVICE IS NEVER INTERRUPTED.

15.2 Loads. TO THE FULLEST EXTENT THE LAW ALLOWS, ARK LOADING IS NOT LIABLE FOR ANY LOSS, DAMAGE, INJURY, DEATH, FINE, PENALTY OR DELAY THAT COMES FROM A PLAN, ITS ERRORS OR OMISSIONS, RELIANCE ON IT, OR THE LOADING, UNLOADING, WEIGHING, SECURING, TRANSPORT OR DISPATCH OF A TRUCK, INCLUDING ANY CLAIM THAT ARK LOADING WAS NEGLIGENT IN MAKING A PLAN OR IN MAINTAINING THE ALGORITHM OR THE INVENTORY. THIS INCLUDES A TRUCK LOADED DIFFERENTLY FROM ITS PLAN; SPECIFICATIONS OR INFORMATION THE CLIENT PROVIDED OR CHOSE, INCLUDING ANY THAT DON'T FOLLOW THE LAW; A PLAN USED WITHOUT THE REVIEW SECTION 10 REQUIRES; AND A LOAD NOT CHECKED AND SECURED AS SECTION 10 REQUIRES. IT DOES NOT COVER ARK LOADING'S GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD.

15.3 The Client's responsibility for its loads. The Client will defend ARK Loading, its members, officers and employees against claims by others (such as drivers, the public, the Client's customers or the authorities) that come from the Client's use of a plan, or from its loads, loading, trucks or specifications, and will pay any judgment, settlement and reasonable defense costs from them. This includes claims that a plan was wrong, or that ARK Loading was negligent in the program, the algorithm or the inventory, whether that negligence is claimed alone or together with any other cause. It does not cover the part caused by ARK Loading's gross negligence, willful misconduct or fraud, or an indemnity the law forbids. This duty has no cap (section 15.5).

15.4 Indirect losses. Neither ARK Loading nor the Client is liable to the other for indirect or consequential losses, such as lost profits or lost business. This does not limit section 15.3, or the Client's liability for breaking section 11 or for infringing or misusing ARK Loading's intellectual property.

15.5 Cap. Each party's total liability to the other under these Terms and the client agreement is limited to the greater of the fees the Client paid for the program in the 12 months before the claim and 100 US dollars (for a pilot, 100 US dollars). The cap does not apply to the Client's duty under section 15.3, fees the Client owes, the Client's breaking section 11 or infringing or misusing ARK Loading's intellectual property, or liability the law does not allow to be limited.

15.6 Defending a claim. When ARK Loading asks to be defended under section 15.3, it will tell the Client promptly, cooperate reasonably at the Client's cost, and let the Client control the defense with competent lawyers. Late notice reduces the Client's duty only as far as it harms the defense. No settlement may admit fault for ARK Loading or put an obligation on it without its written consent, which it won't unreasonably withhold. ARK Loading may take part with its own lawyers at its own cost.

15.7 Conditions of the license. The Client's review and safety duties in section 10 are conditions of the license.

16. Changes to these Terms

ARK Loading may publish new versions of these Terms. Each version is published at arkloading.com/terms with its version number and the date it takes effect, and ARK Loading keeps every version.

16.1 Notice. ARK Loading gives the Client's contact for notices at least 30 days' written notice before a material change takes effect. A material change is one that affects fees, how the Client's information is used, kept or shared, either party's liability, how disputes are resolved, or what the license allows.

16.2 Accepting a material change. A material change applies to the Client only once the Client's authorized representative, named in the client agreement, accepts it in writing (an email is enough). A user choosing I agree in the program does not accept a material change for the Client. Until the Client accepts, the version it accepted keeps applying to it until the end of its current license period, and a renewal accepts the version current at that time. ARK Loading will not require a material change in the program before it applies to the Client.

16.3 Other changes. A change that only corrects errors, makes wording clearer or describes how the program already works, without materially changing anyone's rights, takes effect on the date published with it, after notice to the Client's contact.

16.4 In the program. After a new version applies, the program shows it at the next start with I agree and Exit. Choosing I agree records that the user has seen it; choosing Exit closes the program, and it asks again at the following start. Accepting works offline too; the acceptance is sent at the next connection.

16.5 Updates are not changes to these Terms. A program update under section 5 does not change these Terms by itself.

17. Governing law, disputes and general terms

The laws of the State of Florida govern these Terms, without regard to its rules on conflicts of law. Any dispute about these Terms or the program goes only to the state courts in Bay County, Florida, or the United States District Court for the Northern District of Florida, and both parties agree to those courts' jurisdiction. Disputes are not arbitrated.

17.1 Electronic signatures. Signing the client agreement or a Schedule electronically, and a representative's acceptance by email under section 16.2, have the same effect as signing on paper.

17.2 Whole agreement. These Terms, the client agreement, its signed Schedules and any signed data processing addendum are the whole agreement about the program.

17.3 Assignment. The Client may not transfer these Terms without ARK Loading's written consent. ARK Loading may transfer them with its business.

17.4 Notices. Notices to ARK Loading go to [email protected], and to the Client at the contact in the client agreement. An emailed notice counts as received on the next business day after it is sent, unless it bounces. A business day is a weekday that isn't a Florida legal holiday. Court papers must be served as the law requires.

17.5 Events beyond control. Neither party is responsible for a delay or failure caused by events beyond its reasonable control, such as a power, internet or hosting outage, if it tells the other promptly and works to limit the effect. This does not excuse fees already due.

17.6 Severability and waiver. If a court finds part of these Terms unenforceable, the rest still applies. Not enforcing a term right away doesn't waive it.

18. Contact

Questions about these Terms, the program or your information go to ARK Loading at [email protected].

ARK Loading LLC