Terms of Service & User Agreement

1. Introduction

Welcome to Arkiv (“we,” “our,” or “us”). These Terms of Service (“Terms”) govern your access to and use of the Arkiv platform, including our website at arkivhq.com and related services (collectively, the “Service”). Arkiv is operated from Saskatchewan, Canada by Hemant Naidu (operating as Arkiv).

By creating an account, accessing, or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Service.

2. Acceptance of Terms

By registering for an account or using Arkiv, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms constitute a legally binding agreement between you and Arkiv.

You must be at least 13 years of age to use our Service. If you are under 18, you represent that you have your parent's or guardian's permission to use the Service and that they have agreed to these Terms on your behalf.

3. Description of Service

Arkiv is a personal media collection management platform that allows users to:

• Catalog and organize their physical film and television media collections (discs, season sets, and related items they own)
• Track media formats (for example Blu-ray, DVD, 4K UHD) and edition-level details
• Record purchase information, condition, and acquisition details
• Manage lending records for physical media
• Create watch logs and reviews
• Build a personalized "On My Radar" list
• Search and discover films and TV series using The Movie Database (TMDB) integration
• Optionally sign in with Google when the service operator has enabled Google OAuth

Beta Status: Arkiv is currently in beta and is actively under development. Features may change, be added, or removed without prior notice. We appreciate your patience and feedback as we continue to improve the platform.

4. User Accounts and Responsibilities

4.1 Account Creation

To use certain features of our Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your password and account credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

4.2 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials. We are not liable for any loss or damage arising from your failure to protect your account information.

5. User Content and Data

5.1 Your Content

You retain ownership of all content you upload, create, or store on Arkiv, including but not limited to:

• Your media collection data
• Reviews, ratings, and notes
• Watch logs and viewing history
• Custom tags and organization

5.2 License to Use Your Content

By uploading or creating content on Arkiv, you grant us a non-exclusive, worldwide, royalty-free license to:

• Store, process, and display your content to provide the Service
• Use your content for technical and operational purposes
• Create backups and ensure data availability

This license terminates when you delete your content or account, except for content stored in backups, which may be retained for a reasonable period.

5.3 Data Export and Deletion

You may export your data at any time. Upon account deletion, we will delete your personal data in accordance with our Privacy Policy, subject to legal retention requirements.

6. Prohibited Uses

You agree not to use Arkiv to:

• Violate any applicable laws or regulations
• Infringe upon the intellectual property rights of others
• Upload malicious code, viruses, or harmful software
• Attempt to gain unauthorized access to our systems or other users' accounts
• Use automated systems (bots, scrapers) to access the Service without permission
• Interfere with or disrupt the Service or servers
• Impersonate any person or entity
• Collect or harvest information about other users
• Use the Service for any commercial purpose without our express written consent

7. Intellectual Property

7.1 Our Intellectual Property

Arkiv, including its design, features, functionality, and content (excluding user content), is owned by us and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express written permission.

7.2 Third-Party Content

Arkiv uses film and TV metadata and images from The Movie Database (TMDB). This content is provided under TMDB's terms and is used for informational purposes only. We do not claim ownership of TMDB content.

8. Privacy and Data Security

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

We implement reasonable security measures to protect your data, but no system is completely secure. You acknowledge that you use the Service at your own risk and that we cannot guarantee absolute security.

9. Children's Privacy

Arkiv is not directed at children under the age of 13 and does not knowingly collect personal information from children under 13. If you are under 13, you may not use the Service.

If we learn that we have collected personal information from a child under 13 without verifiable parental consent, we will promptly suspend the account and delete that information. If you believe we may have inadvertently collected information from a child under 13, please contact us immediately using the information in Section 15 so we can take prompt action.

Parents and guardians may contact us to:

• Review personal information we may have collected from their child
• Request deletion of their child's account and all associated data
• Revoke any consent previously given for the collection or use of their child's information

For more information about our data practices for all users, please see our Privacy Policy.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• The Service is provided “AS IS” and “AS AVAILABLE” without warranties of any kind
• We disclaim all warranties, express or implied, including merchantability and fitness for a particular purpose
• We are not liable for any indirect, incidental, special, consequential, or punitive damages
• Our total liability shall not exceed the amount you paid us in the past 12 months, or $50, whichever is greater
• We are not responsible for data loss, though we maintain regular backups

Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability, so some of the above limitations may not apply to you.

11. Service Availability and Modifications

We reserve the right to:

• Modify, suspend, or discontinue the Service at any time
• Add, remove, or change features without prior notice
• Perform maintenance that may temporarily interrupt service
• Limit access to certain features based on usage or other factors

We will make reasonable efforts to notify users of significant changes or service interruptions when possible.

12. Termination

12.1 Termination by You

You may terminate your account at any time by contacting us or using account deletion features (when available). Upon termination, your access to the Service will cease, and we will delete your data in accordance with our Privacy Policy.

12.2 Termination by Us

We may suspend or terminate your account immediately if you violate these Terms, engage in fraudulent activity, or for any other reason we deem necessary. We will provide notice when reasonably possible.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by:

• Posting the updated Terms on our website
• Updating the “Last updated” date
• Sending email notifications for significant changes (when possible)

Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Service and delete your account.

14. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Province of Saskatchewan and the federal laws of Canada applicable therein, without regard to conflict of law principles.

Any disputes arising from these Terms or your use of the Service will first be addressed through good faith negotiation. If negotiation fails, you agree that the courts located in Saskatchewan, Canada will have exclusive jurisdiction, except where applicable consumer protection law gives you the right to bring a claim in your place of residence. Nothing in this section limits any mandatory legal rights you have under the laws of your country of residence.

15. Contact Information

If you have questions about these Terms, please contact us through:

• Email: [email protected]
• The feedback form on our “About” page