This website/platform is owned and operated, and the software applications, products, solutions and toolkits you can access through this website/platform (collectively the “Arrka Platform”) are provided by Arrka Infosec Private Limited, a company incorporated and existing in India with registered office at 44/1, Namrata Apartment, Gulmohar Path, Law College Road, Erandwane, Pune – 411004, Maharashtra, INDIA, (“Arrka”).


This End User License Agreement (“EULA”) lays down the terms and conditions applicable to the access and use of the Arrka Platform by the customer (“Customer” / “you” / “your”) identified in the written agreement or ordering document/s signed by, or provided to, you by Arrka or by Arrka’s authorised reseller/distributor in connection with your purchase of a license to use the Arrka Platform (“Ordering Document”). If you tick the box at the end of this page and agree to this EULA, you are indicating that you have read, understood, and agree to this EULA as a whole. This EULA will then constitute a legal and binding agreement between the Customer and Arrka Infosec Private Limited (“Arrka” / “our” / “us”). Therefore, if you do not agree to be bound by all of the terms of this EULA, do not access or use the Arrka Platform, or any part thereof.


If you are accepting this EULA on behalf of a company or other legal entity, by accepting this EULA you are representing that you have the authority to bind the said company/legal entity to this EULA. If you do not have such authority, you must not accept this EULA on behalf of a company or other legal entity. The Customer is responsible to ensure that any person designated by it as an individual user to access or use the Arrka Platform (each an “Authorized User”) complies with this EULA and the Customer will be responsible and liable for any acts or omissions by its Authorised Users which are in breach of this EULA. All references to the “Customer” / “you” / “your” in this EULA also includes all your Authorised Users.


1.          Registration.

1.1.   To access and use the Arrka Platform (including for trial purposes), you must complete the registration process in vogue at the time of your registration by providing current, complete and accurate information as required by Arrka. You should update this information and keep it current, complete and accurate at all times for the term of your Subscription to the Arrka Platform as mentioned in your Ordering Document. All such information shall be processed and maintained in accordance with this EULA and the Arrka Privacy Policy.

1.2.   Once a Customer’s registration is successfully completed and your order for the Subscription to the Arrka Platform is accepted, Customer may use the Arrka Platform in accordance with this EULA. Access to, and use of, certain areas of the Arrka Platform is limited to Authorized Users only. You agree not to share your log in credentials, account information, or your Subscription to the Arrka Platform with any other person. You are responsible for maintaining the confidentiality of your account information and log in credentials, and for all activities that result from your access to the Arrka Platform using your log in credentials or accounts. If you become aware of any unauthorized use of your user name/s or log in credentials, you must immediately notify us by writing to ryi@arrka.com with the title “Security/Privacy issue” and we will disable the user name and log in credentials that has been compromised and issue new ones to you. 


2.     Trial License.

2.1.   If you are permitted to use the Arrka Platform or any part thereof on a trial basis, the trial shall terminate (i) at the end of the period as stated in the communication from Arrka accepting your request for the trial, or (ii) if no such date is specified, 30 calendar days from the date of your initial access to the trial (“Trial Period”). During the Trial Period, you shall be a ‘trial user’ and not a ‘Customer’ and may not be able to access all the features or functionalities of the Arrka Platform. During the Trial Period, you may use the Arrka Platform solely for the purposes of your internal evaluation of the capabilities of the Arrka Platform. Following expiration of the Trial Period, your right to access or use the Arrka Platform will automatically cease and all your data on the Arrka Platform will be deleted at the end of your Trial Period unless you purchase a Subscription to the Arrka Platform from us or from one of our authorised reseller’s/distributor’s. Arrka reserves the right to modify or discontinue any trial license at any time.


3.          License& Restrictions.

3.1.   Subject to this EULA, including the receipt of all applicable fees by Arrka, Arrka hereby grants to Customer a non-exclusive, non-transferable, limited, worldwide right and license to access and use the Arrka Platform (including downloadable software components (if any)) during the term of your Subscription to the Arrka Platform as specified in your Ordering Document/s (“Subscription Period”) solely for your internal business operations.

3.2.   You may permit third party advisors or contractors performing services on your behalf to access and use your Subscription to the Arrka Platform in accordance with this EULA, subject to such use being solely for the Customer. Customer shall be responsible for compliance of this EULA by such third parties.

3.3.   The only rights granted to you are those rights expressly stated in this EULA. Except for such granted rights, all rights, title and interest (including all intellectual property) in the Arrka Platform (including any improvements, modifications, and enhancements thereto) are reserved by Arrka. All rights, title and interest (including all intellectual property) in all the materials that are made available to you by Arrka on or through the Arrka Platform, including but not limited to code libraries, APIs, download data from Arrka Platform, data from Arrka Platform integrations with products, software design documents, reports, documents, frameworks, metrics, forms, templates, guidelines, presentations, training materials, content, guidance notes, information about processes and procedures, artefacts, creatives, posters, audios, videos, newsletters,  algorithms, rules, configurations, software design and any other data, and all modifications, customisations, improvements or changes of any nature whatsoever made to any of the above, (collectively “Arrka Materials”) vest solely in Arrka. The Customer shall have a non-exclusive, non-transferable and limited right and license to use the Arrka Materials solely for the internal operations of the Customer and for no other purpose whatsoever. If you submit any comments, suggestions, enhancement requests, change requests, recommendations or other feedback to us regarding the Arrka Platform or any part thereof, you agree that we may use them without restriction, for any purpose and without compensation to you, unless otherwise expressly agreed in writing between us.

3.4.   Without limiting the generality of the above, except as expressly permitted in this EULA, by applicable law, or otherwise expressly permitted in writing, signed by Arrka’s authorised representative, you shall not, or permit anyone to, do any of the following with respect to the Arrka Platform, the Arrka Materials or any part thereof:

3.4.1.unauthorizedly make the Arrka Platform or any part thereof available in any manner to any third party;

3.4.2.use the Arrka Platform or any part thereof, for providing services to any third party;

3.4.3.copy, reproduce, issue copies, perform or communicate to the public, distribute, sell, lease or give on commercial rental, modify, translate or adapt the Arrka Platform or any part thereof;

3.4.4.use the Arrka Platform or any part thereof in violation of any applicable law, rules or regulations (including export/import control laws or sanctions) or the rights of any third party;

3.4.5.cause harm, disrupt or interfere with anyone’s use of the Arrka Platform or any part thereof;

3.4.6.violate any policy or attempt to circumvent, disable or defeat the limitations or restrictions on use prescribed by Arrka;

3.4.7.reverse engineer, disassemble or decompile, attempt to derive the source code or do anything to obtain underlying information that is not visible to a user in connection with normal permitted use of the Arrka Platform or any part thereof;

3.4.8.publish or disclose any analysis of the results of operation, including benchmarking results to any third party, without our prior written consent; or

3.4.9.remove, modify or make illegible the labels, markers or designations regarding copyrights and other intellectual property rights of Arrka in the Arrka Platform or any part thereof.

4.     Open Source Software

4.1.   The Arrka Platform includes open source software components (“Open Source Software”). The Open Source Software is licensed under the terms of applicable published open source software license agreements or copyright notices accompanying such software, that may override parts of this EULA. Your right to use each Open Source Software in accordance with the relevant software license agreements or copyright notices is not restricted in any way whatsoever by this EULA.


5.     Your Content & Responsibilities.

5.1.   All data, information, materials, documents and records that Customer or any of the Authorized User’s provides or inputs to/using the Arrka Platform and the results or output derived from the use of the Arrka Platform (“Your Content”) will, subject only to Arrka’s rights in the Arrka Materials, remain Customer’s property and you are solely responsible for Your Content. You understand and agree that the provision and use of Your Content is at your own risk.

5.2.   We and our affiliates and contractors will access, use, analyse and otherwise process Your Content solely for the purpose of, and to the extent necessary for providing and managing your Subscription to the Arrka Platform, delivering the services you ordered under your Ordering Document, for analysing trends and general data points, and operating and improving the Arrka Platform and our services (including creating new features,  functionalities and services), and you hereby permit us to do so. Except as above, we will not access, use or process Your Content unless otherwise permitted by you or required by applicable law or judicial order.

5.3.   You are solely responsible to ensure you have appropriate authority under applicable law, and / or for obtaining necessary permission from the owners and the data subjects whose personal data or information (if any) forms part of Your Content, for such transfer to, and processing by Arrka and its affiliates or contractors, including for international transfers.

5.4.   You should not submit any Content (including any individual’s personal data or information) to or through the Arrka Platform:

5.5.   if you do not have all necessary rights, permissions and consents (including government licenses as may be required by applicable law for the export or re-export of data) to use, provide, store, and otherwise process Your Content or any part thereof on or using the Arrka Platform

5.5.1.if you do not have the necessary rights, permissions and consents to permit use of Your Content by Arrka and its contractors in accordance with this EULA;

5.5.2.that violates any applicable law or regulation; or

5.5.3.that infringes or violates the rights of any third party.

If you receive any claims, infringement notices or take down requests related to any part of Your Content, you must promptly notify Arrka and stop using the related Content with the Arrka Platform. If Arrka receives any claim / notice or has any reason to suspect that any of Your Content violates this EULA, any applicable law or the rights of any third party, Arrka will notify and consult with you on the next steps and reserves the right refuse to process the same. You are solely responsible and liable for Your Content.   

5.6.   Before using the Arrka Platform, you must ensure that such use is in compliance with all laws, rules and regulations applicable to you. Your right to access the Arrka Platform will be deemed automatically revoked to the extent such use is prohibited or our provision thereof conflicts with any applicable law. You are responsible for making these determinations before using the Arrka Platform.

5.7.   Arrka maintains commercially reasonable technical and organizational measures to secure its systems from unauthorized access. We shall not be responsible for any loss, destruction, alteration, unauthorized disclosure or corruption of Your Content caused by any third party.

5.8.   You are obliged to ensure the authenticity, accuracy and completeness of Your Content that you or your Authorised Users share using the Arrka Platform and recognize and acknowledge that the results or output derived from the use of the Arrka Platform is directly impacted by the same.

5.9.   You are responsible for assessing the suitability of the Arrka Platform for your intended purposes and for choosing the correct options / settings for your purposes.

5.10.                You are solely responsible to ensure that your Authorised Users access and use the Arrka Platform / the Services only on or using authorizes devices.

5.11.                You hereby irrevocably agree to indemnify, defend and hold Arrka, its affiliates, directors, officers, employees, contractors and agents harmless from and against any and all losses, costs, damages, liabilities and expenses (including reasonable attorneys’ fees) resulting from, arising out of or related to Your Content and your use of the Arrka Platform in breach of this EULA. This obligation will survive the termination of this EULA.


6.     Pricing and Payment.

6.1.   The prices and payment terms shall be as specified in the Ordering Document.

6.2.   Your Subscription to the Arrka Platform is non-cancellable, and fees are non-refundable unless otherwise agreed in your Ordering Document.

6.3.   Notwithstanding anything provided in your Ordering Document, Arrka may suspend your access and or use of the Arrka Platform, if Arrka does not receive payments due to it for your Subscription to the Arrka Platform and such breach is not cured within 30 days of notice calling upon the Customer to remedy such breach


7.     Support & Subscription Services.

7.1.   Arrka will provide Customer with support as described in the Service Level Agreement (SLA) or such other terms with respect to such support as agreed between the parties. Arrka will make reasonable commercial efforts to correct, or devise workarounds for any reported and reproducible failure of the Arrka Platform to perform substantially in accordance with its published documentation, and to provide such corrections or workarounds at the earliest.

7.2.   Support will be provided remotely by electronic communication.

7.3.   Support is provided to Customer solely for Customer’s internal use.

7.4.   Arrka will not be responsible for delays caused by events or circumstances beyond its reasonable control.

7.5.   We may modify our policies related to support services from time to time during the term of your Subscription to the Arrka Platform without materially degrading or diminishing the level and quality of support provided.


8.     Confidentiality.

8.1.   Except as may be expressly permitted by this EULA, each party shall hold in confidence and shall not use or disclose any non-public, confidential or trade secret materials or information disclosed to it by the other party (“Confidential Information”). Arrka will treat Your Content as your Confidential Information. All Arrka Materials are the Confidential Information of Arrka.

8.2.   Each party shall treat the other party's Confidential Information with at least the same degree of care it uses to prevent unauthorized disclosure or use of its own Confidential Information, but in no event less than reasonable care.

8.3.   Access to the Confidential Information shall be limited to employees, agents or contractors of the receiving party or its affiliates who have a legitimate “need to know” the information for their performance of this EULA, and who have been advised of the confidential nature thereof and who have agreed in writing, as a condition of employment, engagement or otherwise, to protect the Confidential Information with terms no less than are imposed by this EULA.

8.4.   Confidential Information shall not include (i) any information which was already publicly available when disclosed, or subsequently became publicly available otherwise than through the fault of the party receiving such information; ii) the information was already known to it under no obligation of confidentiality; iii) the information was independently developed by the receiving party without use of or reference to the disclosing party’s Confidential Information; or iv) it obtained such information under no obligation of confidentiality from a third party authorized to communicate the information.

8.5.   If the receiving party is required by applicable law or court order to disclose the Confidential Information of the other party, it shall notify the disclosing party at the earliest unless otherwise prohibited by law from doing so and provide the party whose Confidential Information is required to be disclosed (at that party’s cost) with all reasonable cooperation in any actions that it may request or take in the respect thereof.


9.     Privacy Policy.

9.1.   All information relating to individuals, i.e. personal data or information, that is either provided to us or that is collected by us shall be so collected, processed, stored or further disclosed by us strictly in compliance with the terms of our Privacy Policy available at https://arrka.com/privacy-policy (“Privacy Policy”). The terms of our Privacy Policy form part and parcel of this EULA and are deemed to be incorporated here by reference. Therefore, please read our Privacy Policy carefully before accepting this EULA.


10.  Warranties& Disclaimer.

10.1.                Except as may be expressly warranted in this EULA or any Ordering Document signed by Arrka, the Arrka Platform is provided ‘as is’ and without warranties of any kind. To the maximum extent permitted by applicable law, Arrka expressly disclaims all warranties of any kind, whether express, implied or statutory, including but not limited implied warranties of merchantability, fitness for any particular purpose and non-infringement. Arrka makes no warranty that the Arrka Platform, or the results obtained from the use thereof, will meet your requirements or that they will be uninterrupted, secure or error free. Arrka also does not warrant that it will correct all defects or errors or prevent third party disruptions or unauthorized third-party access.


11.  Indemnity.

11.1.    If any claim, demand, suit or proceeding (“Claim”) is made or brought against you by any third party alleging that your use of the Arrka Platform in accordance with this EULA infringes or misappropriates the intellectual property rights of the said third party, Arrka will defend and indemnify you for any damages finally awarded against you, and for reasonable attorney's fees incurred by you in connection with any such Claim. Arrka will not have any indemnity obligation for Claims based on items not provided by us; or the combination of the Arrka Platform with items not provided by us; or any violation of this EULA; or violation of the law or third-party rights caused by Your Content. This states our entire liability and obligation, and your exclusive remedy, with respect to any Claim that your use of the Arrka Platform infringes or misappropriates any third party’s intellectual property rights.

11.2.    If any Claim is made or brought against Arrka or any of its affiliates or their directors, officers, employees or contractors by any third party alleging that Your Content infringes or misappropriates the intellectual property rights of the said third party, or violates any individual’s  privacy or rights in a person’s personal data or information, or that your use of the Arrka Platform is in violation of applicable law, you hereby agree to defend and indemnify Arrka, its affiliates and their directors, officers, employees and contractors for any damages finally awarded against any of them, and for reasonable attorney's fees incurred by any of them in connection with any such Claim. You will not have any indemnity obligation for Claims arising out of our unauthorized use of Your Content.

11.3.    Anyone claiming indemnification by the other shall promptly give the other written notice of the Claim; give the indemnifying party sole control of the defense and settlement of the Claim (provided that the indemnifying party may not settle any Claim unless the settlement unconditionally releases the other of all liability) and provide the indemnifying party (at its cost) with reasonable assistance, including efforts at mitigating the loss.


12.  Limitation of Liability.

12.1.    Neither of us will be liable to the other or to any third party for any lost business, profits, revenue, goodwill, data or anticipated savings; or for any indirect, special, consequential, exemplary or punitive damages; whatsoever and howsoever caused, whether arising under statute, contract, tort (including negligence) or otherwise, even if advised of the possibility of the same arising.   

12.2.    Notwithstanding anything contained in this EULA, Arrka’s, its affiliates and contractors total aggregate liability for all claims related to or arising out of this EULA will not exceed the actual direct damages incurred by you, up to a maximum of the amounts received by Arrka on your account in the 6 months immediately preceding the claim, regardless of the basis of the claim. This limit of liability shall not apply to indemnity obligations in Clause 11 above or to damages that cannot be limited under applicable law.

12.3.    Except as may be otherwise expressly provided in writing signed by Arrka, the Customer may not recover compensation for that part of a loss that could have been avoided by taking measures reasonable under the circumstances to avoid or reduce such loss.


13.  Term, Termination & Suspension.

13.1.    This EULA will be co-terminus with the Ordering Agreement and will terminate automatically on the expiry or termination of your Ordering Document.

13.2.    Notwithstanding anything contained in your Ordering Document, Arrka reserves the right to forthwith suspend your use or access to the Arrka Platform if Arrka has reasonable cause to suspect that you are in breach of this EULA and thereafter, terminate your Subscription to the Arrka Platform by giving you written notice if Arrka’s investigation finds that you are in such breach.

13.3.    Upon expiry/termination of this EULA, all rights and licenses to access and/or use the Arrka Platform shall cease and you should stop accessing or using the Arrka Platform. If any downloadable software provided by Arrka had been installed in your systems, you should also permanently delete all copies of the same. Your user names and log in credentials will be deactivated, and you will no longer be able to access or use the Arrka Platform. It is your responsibility to store or backup Your Content elsewhere before the expiry or termination of your Subscription to the Arrka Platform and or this this EULA. On expiry / termination of your Subscription to the Arrka Platform, we will delete all of Your Content that is then available with us.


14.  Change to Services.

14.1.    We reserve the right to change or modify the Arrka Platform from time to time. If the change or modification results in degradation in performance or a material reduction in functionality of the Arrka Platform, unless we are able to mutually agree on a revised pricing consequent to such change, your sole remedy is to terminate your subscription to the affected module of the Arrka Platform.


15.  Dispute Resolution

15.1.    The parties therefore agree that they will, at all times, act in good faith, and make all attempts to resolve all differences arising out of or in connection with this Agreement by mutual discussion. However, in the event of any disputes or differences amongst the parties connected with, arising out of, under or in relation with this Agreement (a “Dispute”), the parties shall attempt, for a period of 60 days from the receipt of a notice from the other party of the existence of a Dispute, to settle it by mutual discussions between the parties.

15.2.    If the discussion between the parties fails to resolve a Dispute, the parties will attempt to resolve the Dispute through conciliation or mediation by an independent conciliator / mediator jointly appointed by the parties. The parties will attempt to mediate the dispute and reach a settlement within 60 days of commencement of mediation. The place of mediation will be in Pune and mediation will be conducted in English.

15.3.    In the event that the Dispute is still not resolved within 30 (thirty) days from the commencement of conciliation or mediation or such longer period as the parties may agree in writing, either party may refer the dispute(s) to a sole Arbitrator to be appointed with the mutual written consent of the parties. If the parties are unable to agree on the sole arbitrator, the Dispute shall be referred to a panel of three arbitrators: one each nominated by the parties and the other chosen by the 2 (two) arbitrators so nominated by the parties. The parties agree that until the arbitration proceedings are complete, they shall not take the Dispute to a court of law other than to obtain immediate injunctive relief. The seat and venue of the arbitration shall be at Pune. The arbitration proceedings shall be in English and shall be governed by the provisions of the Indian Arbitration and Conciliation Act, 1996. The decision of the arbitrator(s) shall be final and binding on both the parties.

15.4.    The parties agree to keep the existence of any Dispute and the details thereof confidential.


16.  Governing Law and Jurisdiction

16.1.    The validity, construction and performance of this EULA shall be governed and interpreted in accordance with the laws of India without giving effect to the conflict of laws provision thereof.

16.2.     The United Nations Convention on Contracts for the International Sale of Goods does not apply to this EULA.

16.3.    Subject to the Clause on arbitration above, you agree that any dispute between us arising out of or in connection with this EULA (including any question regarding its validity or termination) shall be submitted exclusively to the competent courts located in Pune to the exclusion of any other court that may otherwise have had such jurisdiction in the matter and you hereby waive any objection to such proceedings on grounds of venue or on the grounds that the proceedings have been brought in an inconvenient forum.



17.  General.

17.1.    Entire Agreement: This EULA (which includes the Privacy Policy) contains the entire agreement between us and supersedes all prior negotiations, correspondence, understandings and communications between us, whether written or oral, concerning the subject matter hereof. Nothing in your Ordering Document will amend, modify or supersede this EULA in so far as it relates to the right to access and use the Arrka Platform.

17.2.    Relationship of the Parties: The parties are independent contractors. This EULA do not create any joint venture, partnership, agency, franchise or fiduciary or employment relationship between us and our respective personnel. Each party is responsible for its personnel and contractors, and for their direction, control and to make payments due to them in accordance with law.

17.3.    Amendment: We may update or change this EULA from time to time and any new terms and conditions will apply when your subscription renews, unless otherwise expressly notified in the communication of the changes. If you do not agree to the new / modified EULA, then you must reject the changes, terminate your Subscription to the Arrka Platform and cease using the Arrka Platform at the end of the Subscription Period / date prior to which the changed EULA become effective.

17.4.    Severability: If any provision in this EULA is found or held to be invalid or unenforceable, then it shall be construed severed from this EULA and the remainder of this EULA shall remain in full force and effect. However, if the severed provision is essential and material to the rights or benefits received by either party, the parties shall use their best efforts to negotiate, in good faith, to substitute a valid and enforceable provision.



17.5.    No Waiver: Any failure or delay to exercise any right or remedy under this EULA shall not operate as a waiver of that right or remedy.

17.6.    Publicity: You hereby permit us to use your name and or logo in our sales, marketing and advertisement or other publications or materials, in any medium whatsoever (including on our website), for the sole purpose of identifying you as a user of the Arrka Platform. You may also use our name and or logo in your sales, marketing and advertisement or other publications or materials, in any medium whatsoever (including on your website), for the sole purpose of identifying Customer as a user of the Arrka Platform. Each party will comply with any brand guidelines related to usage of the other’s logos/trademarks as may be specified from time to time. All goodwill arising from use of a party’s trademarks shall at all times inure to the sole and absolute benefit of the owner thereof.

17.7.    Headings: Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such clause.

17.8.    Assignment: Your right to access and use the Arrka Platform is personal to you and you shall not assign or transfer in any manner any of your rights, obligations or interest in this EULA or your Subscription to the Arrka Platform to any third party without our prior written consent. We may freely assign our rights and obligations under this EULA without your consent to any group company or to any third party that acquires the whole or substantial part of Arrka’s business or assets by giving you written notice of such assignment.

17.9.    Force Majeure: Neither party is responsible for failure to fulfill its non-monetary obligations due to causes beyond its reasonable control.

17.10. Notices: All notices to us should made via e-mail to accounts@arrka.com and all notices to you shall be made via e-mail to the e-mail address you provide at the time of your registration. Each of us may modify the email address for notice by giving prior written intimation to the other.

17.11. Additional Terms: Some of the modules or features of the Arrka Platform may have additional terms and conditions that may be applicable. In such event, you will have a chance to review and accept / reject such additional terms as and when you seek to subscribe to / use such modules / features. If you accept any such additional terms and conditions, such additional terms and conditions will also form part of this EULA.