Terms of Service

Last updated: December 2024

1. Acceptance of Terms

By accessing or using Arkan's construction management platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

2. Description of Service

Arkan provides a cloud-based construction management platform that includes document management, drawing management, workflow automation, BOQ tracking, reporting, and collaboration tools for construction professionals.

3. Account Registration

To use the Service, you must:

  • Create an account with accurate and complete information
  • Maintain the security of your account credentials
  • Promptly notify us of any unauthorized access
  • Be at least 18 years old or have parental consent

4. Subscription and Payment

4.1 Fees

Subscription fees are based on your selected plan and number of users. Fees are billed in advance on a monthly or annual basis as selected.

4.2 Payment Terms

  • All fees are non-refundable
  • We may change pricing with 30 days advance notice
  • Late payments may result in service suspension

5. Your Data

5.1 Ownership

You retain all rights to the data you upload to the Service ("Your Data"). You grant us a limited license to use Your Data solely to provide the Service.

5.2 Data Protection

We implement appropriate security measures to protect Your Data. See our Privacy Policy for details on how we handle your information.

5.3 Data Export

You may export Your Data at any time during your subscription. Upon termination, you have 30 days to export Your Data before it is deleted.

6. Acceptable Use

You agree not to:

  • Use the Service for any illegal purpose
  • Upload malicious code or attempt to breach security
  • Share account credentials with unauthorized users
  • Interfere with or disrupt the Service
  • Reverse engineer or attempt to extract source code
  • Use the Service to compete with Arkan

7. Intellectual Property

The Service, including its design, features, and content, is owned by Arkan and protected by intellectual property laws. You may not copy, modify, or distribute any part of the Service without our written consent.

8. Service Availability

8.1 Uptime

We strive to maintain 99.9% uptime (Professional plan) or 99.99% uptime (Enterprise plan). See your Service Level Agreement for specific commitments.

8.2 Maintenance

We may perform scheduled maintenance with advance notice. Emergency maintenance may be performed without notice when necessary.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARKAN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY.

Our total liability for any claims arising from the Service shall not exceed the amount you paid us in the 12 months preceding the claim.

10. Indemnification

You agree to indemnify and hold harmless Arkan from any claims, damages, or expenses arising from your use of the Service or violation of these Terms.

11. Termination

11.1 By You

You may cancel your subscription at any time. Access continues until the end of your current billing period.

11.2 By Arkan

We may suspend or terminate your account for violation of these Terms, non-payment, or other reasons with notice except in cases of emergency.

12. Governing Law

These Terms are governed by the laws of the Kingdom of Saudi Arabia. Any disputes shall be resolved in the courts of Riyadh, Saudi Arabia.

13. Changes to Terms

We may update these Terms from time to time. Material changes will be notified via email or in-app notification at least 30 days in advance. Continued use after changes constitutes acceptance.

14. Free Engineering Tools & Calculators

Arkan provides free engineering calculators and estimation tools ("Free Tools") as a service to the construction community. By using these Free Tools, you acknowledge and agree to the following additional terms:

14.1 Estimation Purposes Only

All calculations, estimates, and outputs from the Free Tools are provided for preliminary estimation and educational purposes only. They are NOT intended to replace professional engineering analysis, design, or decision-making.

14.2 No Professional Engineering Service

The Free Tools do not constitute professional engineering services. Results should be verified by qualified licensed engineers before use in actual construction projects. Arkan does not provide engineering certification or professional stamps.

14.3 Structural & Geotechnical Tools

For structural calculators (beams, columns, slabs, foundations, etc.) and geotechnical tools (bearing capacity, pile capacity, slope stability, etc.):

  • Results are simplified preliminary estimates only
  • Actual design requires detailed analysis by licensed structural/geotechnical engineers
  • Site-specific conditions, soil tests, and local codes must be considered
  • Do not use these results for final design or construction without professional verification

14.4 MEP Tools

For HVAC, electrical, plumbing, and MEP calculators:

  • Results are approximate sizing estimates
  • Actual system design requires detailed load calculations by qualified MEP engineers
  • Local codes, manufacturer specifications, and site conditions must be considered

14.5 Financial & Commercial Tools

For payment calculators, retention calculators, escalation tools, and financial estimators:

  • Results do not constitute financial or legal advice
  • Actual contract terms, local regulations, and accounting standards may vary
  • Consult qualified quantity surveyors, accountants, or legal professionals for contract matters

14.6 Compliance Tools

For regulatory compliance checklists and safety tools:

  • Checklists are reference guides only and may not cover all requirements
  • Regulations change frequently; always verify with current official sources
  • Compliance certification requires official authority approval
  • Consult qualified HSE professionals and legal advisors

14.7 Quantity Estimation Tools

For material quantity calculators and estimation tools:

  • Quantities are estimates only and include standard wastage factors
  • Actual quantities may vary based on site conditions and installation methods
  • Always verify with supplier specifications and detailed takeoffs

14.8 Limitation of Liability for Free Tools

THE FREE TOOLS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ARKAN DISCLAIMS ALL LIABILITY FOR ANY ERRORS, INACCURACIES, OR DAMAGES ARISING FROM THE USE OF FREE TOOLS. USERS ASSUME ALL RESPONSIBILITY FOR VERIFYING RESULTS AND MAKING DECISIONS BASED ON TOOL OUTPUTS.

14.9 Professional Responsibility

Nothing in these Free Tools relieves users of their professional responsibility to perform proper due diligence, engage qualified professionals, and comply with all applicable laws, codes, and standards.

15. Contact

For questions about these Terms, contact us at:

  • Email: legal@digitalcubic.ae
  • Address: Opal Tower, Business Bay, Dubai, UAE