Terms of Service

ARK INVENTORY MANAGEMENT SYSTEM

This Terms of Service Agreement ("the Agreement") governs the relationship between Ark Frontier Limited ("the Company", "Ark Frontier", "we", "us", "our") and individuals/entities who use the our Application ("ARK") to mange their inventory ("Users, "you", "your").

INTRODUCTION

ARK is an inventory, warehousing, and fulfilment management application ("Service") provided by Ark Frontier Limited ("Ark Frontier", "we", "us", or "our"). The Service is designed to enable businesses, warehouses, and logistics teams to accurately track stock across multiple locations, streamline order fulfilment workflows, manage procurement and stock transfers, and reduce time-to-ship.

These ARK Terms of Use ("Terms") govern your relationship with Ark Frontier, as well as your access to and use of the Service. By creating an account, inviting users, or using any part of the Service, you confirm that you have read, understood, and agree to be bound by these Terms.

1. ACCEPTANCE OF TERMS

1.1 By registering and using the Application, the User acknowledges that they have read, understood, and agreed to be bound by the terms of this Agreement. If the User does not agree to these Terms, they shall not access or use the Application.

1.2 The Company reserves the right to modify these Terms at any time, and such modification shall take effect upon publication on the Application.

2. ACCOUNTS, ONBOARDING AND ACCESS

2.1 To access and use the ARK Platform, you must create an account ("Account") by providing accurate, current and complete information, including your name, email address, and phone number.

2.2 As part of the onboarding of your business, you will also be required to provide additional details such as your business name, registered address and any other information reasonably necessary for us to activate your access to the Platform.

2.3 You must ensure that all information provided during registration and throughout your use of the Platform remains accurate and up to date. Any failure to provide complete or accurate information may affect your ability to use the Platform and may result in suspension or termination of your Account.

2.4 Ark Frontier reserves the right to refuse registration, suspend access or terminate an Account where we reasonably believe that information provided is inaccurate, misleading, incomplete, or where such action is necessary to protect the integrity, security or proper functioning of the Platform or our business.

3. PROFILE AND ACCOUNT MANAGEMENT

3.1 You may add Authorised Users to your organisation's ARK Account through invitations sent by you or your designated Account Manager. Invitations are issued through time-limited links and must be accepted within the specified period for access to be granted. You are solely responsible for managing the users associated with your Account and for ensuring that all invited individuals comply with these Terms at all times. Any action taken on the Platform by an Authorised User will be deemed to have been taken by you, and you remain liable for all such activity.

3.2 Through role-based access control, your Account Manager can assign or adjust permissions so that each Authorised User has appropriate access to the features relevant to their role.

3.3 Access to the Platform may occur through traditional username and password authentication or, where enabled, through Single Sign-On supported by identity providers. Where Single Sign-On is used, Ark Frontier may rely on the identity assertions, tokens and authentication responses generated by your chosen identity provider. It is your responsibility to configure, maintain and monitor your identity provider settings, including promptly revoking access for any individual who leaves your organisation or should no longer have access to the Platform. Valid authentication credentials are required at all times, and you must ensure that Authorised Users keep their login details secure and confidential.

3.4 Authorised Users may review and update their profile information and change their passwords at any time through the Platform. Users must maintain the confidentiality of their passwords and adopt strong security practices to prevent unauthorised access. Ark Frontier may, at its discretion, require users to reset their passwords where a potential security risk is identified.

4. DESCRIPTION OF THE SERVICE

4.1 Your access to the Platform enables your Authorised Users to view real-time information about your business operations, including inventory levels, stock alerts, warehouse utilisation, procurement activity, orders in progress and shipment statuses. These insights are generated from the data you input into ARK.

4.2 The Platform allows you to create, view, update and categorise inventory items across all your warehouses and fulfilment locations. You may initiate stock transfers between sites and maintain detailed item records, while bulk import and export tools help you manage large volumes of data efficiently. You are responsible for ensuring that all inventory information you enter is accurate, lawful and kept up to date.

4.3 The Platform enables you to configure your fulfilment centres within ARK, including setting their operational status and capacity. The Platform also allows you to set up and manage your retail outlets so that your teams can place stock requests, monitor availability and coordinate replenishment across your various business locations.

4.4 ARK enables you to manage your procurement workflows from end to end. You can create supplier records, raise purchase requests, approve or decline those requests, generate purchase orders and record bills once goods or services have been received. ARK acts only as the system through which you manage these processes and is not involved in any contractual arrangements between you and your suppliers.

4.5 Your Authorised Users can use ARK's intake and dispatch tools to scan item codes, update stock levels and attach photographs as proof of movement where required. ARK automatically logs these actions to create audit trails that support transparency, traceability and compliance across your operations.

4.6 You can import and export operational data, including inventory records, scan logs and shipment details, whenever needed.

4.7 ARK integrates with shipping platforms, giving you the ability to view courier rates, create shipments, process shipping payments and track deliveries directly within the Platform. You can access your shipment history, review statuses and manage linked documents from a dedicated dashboard. You may also export shipping-related reports for reconciliation, audit and accounting purposes.

4.8 The Platform provides in-app and email notifications that keep your teams informed of important updates, including low-stock alerts, approval requests, shipment changes and system messages. Essential service notifications are enabled automatically to ensure the Platform operates smoothly. Any marketing or promotional messages you receive will be managed in accordance with our Privacy Policy and Cookie Policy.

4.9 The Company may, from time to time, introduce additional features, modules, or integrations, subject to separate or amended terms.

5. LICENCE TO USE THE PLATFORM

5.1 Subject to your continued compliance with these Terms, Ark Frontier grants you a limited, non-exclusive, non-transferable and revocable licence to:

access and use the ARK Platform for the purposes of managing your inventory, procurement, fulfilment, shipments and related business operations;
permit your Authorised Users to access and use the Platform strictly in accordance with your Subscription and these Terms; and
view and use any content, tools and materials made available to you through the Platform solely for your internal business purposes.

5.2 You must not, and must ensure that your Authorised Users do not:

copy, reproduce, modify, adapt, translate, distribute, reconfigure, reverse engineer, decompile or create derivative works from any part of the Platform;
use automated tools, including bots, spiders, crawlers or scrapers, to access, query or interact with the Platform;
use the Platform for any unlawful purpose, or in any manner that violates these Terms, infringes third-party rights, or interferes with the security or proper functioning of the Platform.

5.3 All rights in and to the Platform that are not expressly granted to you under these Terms are reserved by Ark Frontier.

6. ACCEPTABLE USE

6.1 You agree to use the ARK Platform solely for lawful business purposes and in strict accordance with these Terms, our Privacy Policy, and all applicable laws and regulations. You may use the Platform only to manage your inventory, procurement workflows, fulfilment operations, shipments, and related business activities, and to communicate with your Authorised Users through the channels provided.

6.2 You must not use the Platform in any manner that:

violates any applicable law, regulation or third-party right;
damages, disrupts, interferes with, or impairs the security, performance or integrity of the Platform; or
adversely affects the experience, operations or rights of other users

6.3 Without limiting the generality of the above, you must not:

use the Platform for any fraudulent, illegal, harmful, misleading or deceptive purpose;
provide false, inaccurate, outdated or incomplete information at any time;
harass, threaten or abuse any user, Customer, or any member of the Ark Frontier team;
upload or process inventory, shipment, procurement or other data that is unlawful, unsafe, counterfeit or otherwise prohibited;
attempt to circumvent or interfere with Ark Frontier's fees, policies, access controls, authentication systems or security processes;
use bots, spiders, crawlers, scrapers or any automated technology to access or interact with the Platform;
copy, modify, reverse engineer, decompile, disassemble, extract data from, interfere with, or tamper with any part of the Platform, its software or technical infrastructure;
upload, transmit or distribute viruses, malware, corrupted data or any harmful code;
interfere with the operation, execution or integrity of any workflow within the Platform, including inventory updates, stock transfers, approvals or shipment creation;
access or attempt to access any Account, system or data without proper authorisation; or
use the Platform for any purpose not expressly permitted under these Terms.

6.4 You acknowledge and agree that any misuse of the Platform, including unauthorised access, exploitation of system vulnerabilities, interference with workflows, data manipulation or circumvention of operational controls, is strictly prohibited, and may result in suspension, restriction or permanent deactivation of your Account, without prejudice to any other rights or remedies available to Ark Frontier.

7. YOUR OBLIGATIONS

7.1 You are responsible for ensuring that only your Authorised Users access and use the ARK Platform, and for managing user roles and permissions in a manner that is appropriate for your organisation. This includes configuring role-based access controls so that each user has access only to the features and data relevant to their role.

7.2 It is your responsibility to ensure that all information you enter into the Platform, including inventory records, supplier details, shipment data and billing information, is accurate, complete and kept up to date at all times.

7.3 You are also responsible for ensuring that your use of the Platform complies with all applicable laws and regulations, including those relating to product safety and export controls.

7.4 Where you enter or upload personal or operational data relating to your staff, suppliers, customers or any other individuals, you confirm that you have obtained all necessary rights, permissions and consents to do so. ARK processes such data on your behalf, and you remain responsible for its accuracy, legality and continued compliance with applicable laws.

7.5 Once data is exported from the Platform, you assume full responsibility for how it is stored, shared, secured and used outside ARK. We are not responsible for the handling, security or misuse of data after it leaves our system.

8. FEES AND PAYMENT

8.1 ARK operates on a subscription model with multiple tiers, including the Starter Plan, Growth Plan, Standard Plan and Enterprise Plan. Subscription fees are determined by factors such as the number of distinct products you manage within the Platform, the number of warehouse or retail locations connected to your Account, and your order or shipment volume. You may choose a monthly, six-monthly or annual billing cycle, and the applicable fees for your selected plan will be displayed at the point of purchase or renewal.

8.2 In addition to subscription fees, you may incur usage-based or transactional charges, including:

shipping fees charged when creating shipments through the Platform or through integrated carriers;
fees for premium integrations, add-ons or third-party connectors, where applicable; and
fees for optional implementation, onboarding or configuration services provided by Ark Frontier.

8.3 These charges will be communicated through the Platform at the point of transaction or as part of your onboarding agreement.

8.4 All payments shall be made in Naira (₦) through approved electronic payment channels. Failure to make timely payment may result in suspension of access to the Platform.

8.5 The Company may revise its pricing upon reasonable notice to Users. Fees paid are non-refundable, except as otherwise required by law or expressly approved by us.

8.6 Failure to pay fees when due may result in suspension or termination of access to the Platform.

9. THIRD-PARTY SERVICES AND INTEGRATIONS

9.1 The ARK Platform integrates with a range of third-party services, including identity providers, payment processors, shipping platforms, courier networks and other optional tools that support your operational workflows. These third-party services are governed by their own terms, privacy notices and service levels, which you are responsible for reviewing and complying with.

9.2 Because these services operate independently of Ark Frontier, we do not control and cannot guarantee their availability, accuracy, reliability or performance. Your use of any third-party integration is at your own risk. From time to time, we may modify, replace or discontinue certain integrations, and we may introduce new ones as the Platform evolves. Where such changes are likely to have a material impact on your use of the Platform, we will provide reasonable notice where practicable.

9.3 Ark Frontier expressly disclaims all liability arising from or connected with your access to or use of any third-party services; any act, omission, error, failure, content or policy of any third-party provider; and any loss, damage, claim or dispute resulting from your reliance on, or transactions with, any third-party service.

9.4 For clarity, Ark Frontier is not, and will not become, a party to any contractual or commercial arrangement between you and any third-party provider, whether that arrangement originates through the ARK Platform or otherwise.

10. DISCLAIMER OF WARRANTIES

10.1 YOUR USE OF THE ARK PLATFORM IS ENTIRELY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ARK FRONTIER MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY RELATING TO MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, AVAILABILITY, TIMELINESS, COMPLIANCE WITH LAW OR NON-INFRINGEMENT. ALL SUCH WARRANTIES ARE EXPRESSLY EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

10.2 YOU ACKNOWLEDGE THAT ARK FRONTIER PROVIDES A TECHNOLOGY PLATFORM THROUGH WHICH YOU AND YOUR AUTHORISED USERS MAY MANAGE INVENTORY, FULFILMENT OPERATIONS, PROCUREMENT WORKFLOWS, STOCK TRANSFERS, SHIPMENT CREATION AND RELATED BUSINESS PROCESSES. ARK FRONTIER IS NOT INVOLVED IN YOUR INTERNAL OPERATIONS, DOES NOT SUPERVISE OR VERIFY YOUR STOCK MOVEMENTS, DOES NOT PARTICIPATE IN PROCUREMENT DECISIONS, AND DOES NOT VALIDATE ANY DATA, RECORDS OR DOCUMENTS ENTERED INTO THE PLATFORM. ANY COMMERCIAL OR OPERATIONAL DECISIONS YOU TAKE USING THE PLATFORM ARISE SOLELY BETWEEN YOU AND YOUR RELEVANT STAKEHOLDERS. ARK FRONTIER BEARS NO RESPONSIBILITY FOR THE PERFORMANCE, ACCURACY, LEGALITY, SAFETY OR OUTCOME OF YOUR OPERATIONAL OR BUSINESS ACTIVITIES.

10.3 ARK FRONTIER DOES NOT WARRANT THAT THE PLATFORM WILL OPERATE UNINTERRUPTED OR ERROR-FREE, OR THAT IT WILL BE FREE FROM VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS. WE DO NOT GUARANTEE THAT THE DATA, METRICS OR CONTENT MADE AVAILABLE THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, COMPLETE OR CURRENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE PLATFORM WILL MEET YOUR EXPECTATIONS OR PRODUCE ANY SPECIFIC OPERATIONAL OR COMMERCIAL RESULTS.

10.4 NOTHING IN THESE TERMS EXCLUDES OR LIMITS ANY LIABILITY THAT CANNOT LEGALLY BE EXCLUDED, INCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, OR LIABILITY ARISING FROM FRAUD. EXCEPT FOR SUCH NON-EXCLUDABLE LIABILITIES, ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS NOT EXPRESSLY SET OUT IN THESE TERMS ARE DISCLAIMED. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM IS TO STOP USING IT.

10.5 YOU ACKNOWLEDGE THAT THE ARK PLATFORM SUPPORTS INTERNAL BUSINESS OPERATIONS SUCH AS INVENTORY MANAGEMENT, PROCUREMENT, STOCK TRANSFERS AND SHIPMENT PROCESSING. ARK FRONTIER DOES NOT CONTROL OR SUPERVISE HOW YOU OR YOUR AUTHORISED USERS CONDUCT THESE ACTIVITIES, NOR DO WE VERIFY THE ACCURACY OF THE DATA YOU ENTER, THE DECISIONS YOU MAKE OR THE ACTIONS YOU TAKE BASED ON PLATFORM OUTPUTS. BY USING THE PLATFORM, YOU ACCEPT THAT YOUR OPERATIONAL ACTIVITIES CARRY INHERENT RISKS, INCLUDING STOCK DISCREPANCIES, SHIPMENT DELAYS, DATA-ENTRY ERRORS, MISALLOCATIONS, FAILED TRANSFERS, SYSTEM MISUSE BY AUTHORISED USERS, OR OTHER OPERATIONAL OR COMMERCIAL LOSSES. YOU AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR THESE RISKS, WHETHER THEY ARISE INSIDE OR OUTSIDE THE PLATFORM.

11. LIMITATION OF LIABILITY

11.1 To the fullest extent permitted by applicable law, Ark Frontier and its officers, directors, employees, agents and affiliates will not be liable to you or any third party for any indirect, incidental, consequential, special, exemplary or punitive damages. This includes, without limitation, damages for loss of profits, revenue, business opportunity, goodwill, anticipated savings, data, use, service interruption, system failure, cost of substitute services, or any operational losses connected with your access to or use of the Platform. You agree that these limitations apply whether claims arise in contract, tort (including negligence), statutory duty or otherwise, even if Ark Frontier has been advised of the possibility of such damages.

11.2 Ark Frontier does not control or oversee your inventory levels, procurement decisions, fulfilment operations, shipment processes, warehousing practices or staff conduct. We therefore cannot be liable for any loss, damage, misdelivery, misallocation, operational malfunction, or injury arising from your business processes or from any act or omission of your Authorised Users or third-party partners. You use the Platform, rely on its outputs and act on its data entirely at your own risk.

11.3 Ark Frontier's total aggregate liability to you for all claims arising out of or in connection with the Platform shall in no event exceed the total fees paid by you to Ark Frontier in the six (6) months immediately preceding the event giving rise to the claim.

12. INDEMNIFICATION

12.1 You agree to indemnify, defend and hold harmless Ark Frontier and its officers, employees, agents and affiliates from and against all losses, liabilities, damages, claims, demands, actions, fines and expenses (including reasonable legal fees) arising out of or connected with your access to or use of the Platform; your inability to use the Platform; your breach of these Terms or any applicable law; any data, content or materials entered or uploaded through your Account; any act or omission of any Authorised User; any claim that your action infringes the intellectual property or other rights of a third party; or your operational, procurement, warehousing, logistical or shipment activities.

12.2 You acknowledge that you are solely responsible for your own conduct, your data, and your operational decisions. Ark Frontier will not be liable for any claims arising from your activities, and these indemnities apply to the fullest extent permitted by law.

13. DEACTIVATION AND SUSPENSION OF ACCOUNTS

13.1 Ark Frontier may suspend, restrict or deactivate your Account where we reasonably believe that you or any of your Authorised Users have breached these Terms, or where such action is necessary to protect the security, integrity or proper functioning of the Platform. Grounds for suspension or deactivation may include, without limitation, the submission of false or misleading information, suspected fraud, abusive or inappropriate behaviour, interference with Platform operations, attempts to circumvent Platform processes or access controls, or any unlawful, harmful or prohibited conduct.

13.2 Where required under applicable law, we will provide notice of any suspension or deactivation and may request additional information from you as part of our review. During such review, your access to the Platform may be limited or disabled entirely. Ark Frontier may reinstate your Account at its discretion following investigation, but we are under no obligation to do so.

13.3 If your Account is suspended or deactivated, you must not create, register or use another Account, whether in your own name, your organisation's name, or through any third party acting on your behalf. Any attempt to circumvent a suspension may result in permanent termination of your access to the Platform.

14. TERMINATION

14.1 You may terminate your Subscription and close your Account at any time by notifying Ark Frontier in writing through the channels specified on the Platform or in these Terms. Your cancellation will take effect once we process your request. Access to the Platform will cease at the end of your current billing period unless otherwise agreed.

14.2 We may terminate your Account and end your access to the Platform by providing at least thirty (30) days' prior notice for any reason. We may also terminate your Account immediately, without prior notice, if:

you materially breach these Terms;
your Account is used for deceptive, fraudulent or unlawful activity;
your conduct compromises the security, performance or integrity of the Platform;
your actions or omissions create or may create operational, legal or reputational risks; or
you engage in abusive, threatening or inappropriate behaviour toward Ark Frontier personnel or other users.

14.3 Upon termination, all rights and licences granted to you under these Terms will immediately cease, and your access to the Platform will be permanently disabled. Termination does not relieve you of any obligations or liabilities incurred before the effective date of termination. You remain responsible for all outstanding payments and for any activities undertaken by your Authorised Users prior to termination.

14.4 Ark Frontier may retain certain information after termination where required by law or where we have legitimate business grounds to do so, including for security, record-keeping, contractual, accounting or fraud-prevention purposes.

14.5 The provisions of these Terms that by their nature should survive termination will continue to apply, including those relating to intellectual property, payment obligations, data protection, indemnification, limitation of liability, dispute resolution and any other provisions that are intended to survive.

15. DATA PROTECTION AND PRIVACY

15.1 Each party shall, in relation to any personal data processed in connection with these Terms process that personal data in accordance with the provisions of the Nigeria Data Protection Act, 2023 as may be revised from time and other applicable legislation.

16. INTELLECTUAL PROPERTY

16.1 The User acknowledges that all intellectual property rights including, but not limited to copyrights patents including software or hardware, any license under any invention, trademark, trade-names or any similar rights (collectively "Intellectual Property") subsisting in or arising out of or in connection with the Platform and the provision of the Services shall be owned by, and shall remain owned by Ark Frontier or its licensors (as applicable).

16.2 The user agrees that where feedback, improvements or other suggestions are volunteered for the purpose of improving the Platform or the Services, Ark Frontier is free to incorporate or use same in any way it determines and shall own any and all intellectual property rights subsisting in or arising in relation to such feedback as it may be incorporated into the Platform or any other Ark Frontier's service.

17. CONFIDENTIALITY

17.1 For the purposes of these Terms, "Confidential Information" means any non-public information disclosed by either party ("Disclosing Party") to the other ("Receiving Party") in connection with the use or provision of the ARK Platform. Confidential Information includes, but is not limited to, business information, financial data, technical information, product designs, system architecture, documentation, processes, customer lists, operational insights, pricing information, analytics, and any data or content entered into the Platform. Confidential Information does not include information that:

becomes publicly available without breach of these Terms;
is independently developed by the Receiving Party without reference to the Confidential Information; or
is lawfully obtained from a third party without restriction.

17.2 Ark Frontier acknowledges that user data, including inventory records, supplier details, shipment information, business documents, operational logs, personal data of staff, customers or suppliers, and any other data you upload or generate through the Platform, is confidential. Ark Frontier will:

keep all Customer data strictly confidential and use it solely for the purpose of providing and improving the Platform;
implement appropriate technical and organisational measures to protect user data against unauthorised access, loss, misuse or disclosure;
not disclose user data to any third party except where necessary to provide the Platform, where required by law, or with your explicit authorisation.

17.3 You agree that all non-public information relating to Ark Frontier, including information concerning the functionality, design, performance, architecture, pricing, security, documentation and business operations of the ARK Platform, constitutes the confidential information of Ark Frontier. You will:

use Ark Frontier's Confidential Information solely as necessary to access and use the Platform in accordance with these Terms;
not disclose such information to any third party without Ark Frontier's prior written consent;
protect such information using at least the same level of care you apply to your own confidential information; and
promptly delete or return Ark Frontier's Confidential Information upon termination of your Account or upon request.

18. MODIFICATIONS

18.1 We may, from time to time and for legitimate business, legal or operational reasons, revise, update or modify these Terms or any other policy or supplemental terms that govern your use of the Platform. Where such changes are made, we will publish the updated version on the Platform with a new effective date, and, where required by law, may also notify you by email or through other reasonable means.

18.2 Your continued use of the Platform after the updated terms become effective will constitute your acceptance of the revised Terms. If any change is material and you do not agree to the revised terms, you must discontinue your use of the Platform and close your account. The previous version of the Terms will continue to apply only to services already commenced before the effective date of the new Terms; however, you will not be able to continue using the Platform unless you accept the updated version.

18.3 We also reserve the right to modify, improve, update, suspend or discontinue any part of the Platform at any time, whether temporarily or permanently, and may impose limits or restrictions on certain features or functionality. While we will endeavour to provide advance notice where reasonably possible, the Platform may change without prior notification.

18.4 We encourage all Users to review the Terms periodically so that they remain informed of their rights and responsibilities when using the Platform.

19. RELATIONSHIP OF THE PARTIES

19.1 Nothing in these Terms is intended to, or shall be construed to, create a partnership, joint venture, agency, employment relationship or fiduciary relationship between you and Ark Frontier.

19.2 Each party acts as an independent entity and is solely responsible for its own operations, decisions, staff, taxes, regulatory obligations and compliance responsibilities. Nothing in these Terms authorises either party to bind the other, make commitments on the other's behalf, or represent that it has such authority unless expressly stated otherwise in writing.

19.3 Your use of the ARK Platform does not create any relationship between Ark Frontier and your staff, suppliers, customers, contractors or other third parties. You remain exclusively responsible for managing your internal operations and business activities.

20. ENTIRE AGREEMENT

20.1 These Terms constitute the entire agreement between you and Ark Frontier regarding your use of the Platform. It supersedes all prior or contemporaneous understandings, communications or agreements, whether written or oral. Each part of these Terms is intended to be interpreted to be valid, enforceable and consistent with applicable law.

21. SEVERABILITY

21.1 If any provision of these Terms is found by a court or competent authority to be invalid, illegal or unenforceable, that provision shall be enforced to the maximum extent permitted by law. If it cannot be enforced, it shall be deemed severed from the Agreement, and the remainder of the Agreement shall continue in full force and effect without being impaired or invalidated.

22. NO WAIVER

22.1 No failure, delay or omission by us in exercising any right or remedy under these Terms shall be deemed a waiver of that right or remedy. Any waiver will be effective only if issued in writing and signed by us. A single or partial exercise of any right does not prevent any further exercise of that right or of any other right.

23. ASSIGNMENT

23.1 You shall not assign, transfer or delegate any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations at any time. Upon such assignment, we will be released from further obligations arising after the effective date of the assignment, and the assignee will assume our obligations under this Agreement.

24. THIRD-PARTY RIGHTS

24.1 Unless expressly stated otherwise in these Terms or required by applicable law, these Terms are intended solely for the benefit of you and Ark Frontier. It does not create any rights for, or allow enforcement by, any third party.

25. GOVERNING LAW AND DISPUTE RESOLUTION

25.1 This Agreement and any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in all respects in accordance with the laws of the Federal Republic of Nigeria.

25.2 Any dispute, controversy or claim arising out of or in connection with or in relation to this Agreement, including any dispute as to the construction, validity, interpretation, enforceability, or breach of this Agreement shall be resolved by the parties amicably. If the parties are unable to resolve such dispute within 15 days (or such further period as the parties shall agree in writing), the dispute shall be settled finally by arbitration in accordance with the Arbitration and Mediation Act, 2023 (or any amendment thereto or replacement thereof) and the Arbitration Rules connected thereto.

25.3 The arbitration shall be presided over by a sole arbitrator appointed by the President of the Chartered Institute of Arbitrators UK, Nigeria Branch.

25.4 The place of the arbitration shall be Lagos, Nigeria; and the arbitration shall be governed by the laws of the Federal Republic of Nigeria. The language of the arbitration shall be English.