Terms and conditions

Terms and Conditions for Arkus Solutions Inc. Buyers and Sellers

Last updated: May 2025.

THE FOLLOWING PARAGRAPHs CONTAINS AN IMPORTANT NOTICE. PLEASE READ IT CAREFULLY. SECTION 21.1 OF THIS DOCUMENT REQUIRES ARBITRATION ON AN INDIVIDUAL BASIS, AND SECTION 17 LIMITS THE TIME PERIOD WITHIN WHICH YOU MAY BRING A CLAIM AGAINST US.

These Terms and Conditions for Arkus Solutions Inc. (hereinafter referred to as the “Terms”) are a legally binding agreement between each individual person or entity (referenced herein as “You”) and Arkus Solutions Inc. (hereinafter referred to as “Arkus” We,” “Our,” or “Us”) that applies each time a Buyer uses this website or a Seller enables a Product to sell, located at: arkus.com, or other subdomains or other affiliated websites of the previously mentioned website (collectively, the “Site”) and its available functionality, including using the Site to purchase goods sold and delivered by Arkus (the “Products”).

To make these Terms easier to read, the Site and other interactive features or services, including Our platform services therein are collectively called the “Services”.

You should therefore read carefully these Terms and our Privacy Policy ( (the “Privacy Policy”) as they govern the purchase of Products and use of the Services, regardless of how You access them, whether by computer, mobile device, or otherwise; and whether directly through Our Services, or through any third-party website that links to them, and regardless of whether You are registered as a Seller, if you register to sell Products, or as a Buyer, if you buy a Product.

Arkus Solutions Inc., a company part of the Arkus group, operates an online platform arkus.com that enables Buyers and Sellers to buy/sell Products.

Through these Terms, the Buyer who concludes a request to buy a Product authorizes Arkus to buy the Product from the Seller in the country where Seller is resident. After purchasing the Product from Seller, We will subsequently sell the Product to Buyer in the country in which he/she/it is resident.

IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND Arkus THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 20, “DISPUTE RESOLUTION”, BELOW FOR DETAILS REGARDING ARBITRATION.

BY PLACING AN ORDER FOR PRODUCTS FROM THE SITE, REGISTERING AN PRODUCT OR OTHERWISE USING THE SERVICES, YOU ACCEPT AND ARE BOUND BY THESE TERMS.

YOU MAY NOT USE THE SERVICES NOR ORDER OR OBTAIN PRODUCTS FROM THE SITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT OF LEGAL AGE TO FORM OR ARE NOT CAPABLE OF FORMING A BINDING CONTRACT WITH Arkus, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE SERVICES.

If You are accessing and using the Services or purchasing/selling Products on behalf of a company (such as your employer) or other legal entity, You represent and warrant that You have the authority to bind that entity to these Terms. In that case, “You” and “Your” will refer to that entity.

If You breach these Terms, or if We suspect that You have breached these Terms, You shall forfeit any unpaid Seller Payments or other kinds of payments otherwise due by Arkus.

Alternatively, Arkus, in its sole discretion, may elect to withhold unpaid Seller Payments or deduct the amount of previously paid Seller Payments from future payments due to Seller (collectively, the “Withholding”) if:

• (1) Arkus suspects or determines, in its sole discretion, that You have breached these Terms or violated any applicable law, rule, or regulation;
• (2) Arkus receives any complaints about You which We reasonably believe to indicate You breached these Terms or violated any applicable law, rule, or regulation; or
• (3) Arkus determines, in its sole discretion, that We paid Seller as a result of Your breach of these Terms or violation of any applicable law, rule, or regulation.

The Withholding shall be used to offset Arkus actual or potential losses and liabilities, including but not limited to Our attorneys’ fees and costs, as a result of Your breach of these Terms. The Withholding is in addition to any other rights and remedies in law or equity that We may have as a result of Your breach of these Terms.

1. CHANGES TO THESE TERMS OR THE SERVICES

These Terms are subject to change by Arkus, and such changes can be made without prior written notice at any time, in Our sole discretion. The latest version of these Terms will be posted on this Site, and You should review these Terms before purchasing any Products that are available through the Services. Your continued use of the Services after a posted change in these Terms will constitute your acceptance of and agreement to such changes. Further, because Our Services are constantly evolving, We may change or discontinue all or any part of the Services, at any time and without notice, at Our sole discretion.

2. FEEDBACK

We appreciate feedback, comments, ideas, proposals, and suggestions for improving the Products and Services (“Feedback”). If You choose to submit Feedback, You agree that We are free to use it without any restriction or compensation to You.

3. ACCEPTANCE OF ORDERS

If You are a Buyer, You agree that your order is an offer to buy, under these Terms, all Products listed in your order. All orders must be accepted by Us, or We will not be obligated to sell the Products to You. We may choose not to accept any orders at Our sole discretion. After receiving your order, We will send You a confirmation email with your order number and details of the Products You have ordered. Acceptance of your order and the formation of the contract of sale between Arkus, and You will not take place unless and until You receive your order confirmation email. Further, We have the right to limit any orders or quantities, extend the delivery timeline for any reason after the order has been placed and accepted, and/or refuse to ship a Product to you for any reason. We will not be liable if a Product is unavailable or if the shipment is delayed.

4. ORDER ELIGIBILITY

If You are a Buyer, when You place an order for a Product, You represent and warrant that:

• (i) You are buying Products through the Services for personal use only, not for commercial resale or export; and
• (ii) You will comply with all applicable laws, rules, and regulations related to your purchase, receipt, possession, use, and sale of any Products through the Services.

You represent, warrant, and covenant that in accessing and using the Services, You have the right to provide and use all information, content, and data that You provide to the Services.

II. SPECIFIC DISPOSITIONS FOR SELLERS

5. PRODUCT REGISTRATION

If you are a Seller, You will be able to set up and register individual Products for sale. By creating an account, You warrant that the information provided is truthful and accurate and that You are not misrepresenting any identity.

We will review Your information and may, in its sole discretion, determine whether to allow You to access the Services.

At any time, We may, at Our own discretion, for any or no reason, with or without notice to the Seller and without warranty for contractual penalties or liability claims, delete and remove Products.

You are responsible for maintaining the confidentiality of any credentials used to access your account. You agree not to share your password or username, nor to lend or otherwise transfer your use of or access to your account to any third party.

You are fully responsible for all transactions with and information conveyed to Us under Your account. You agree that We are not liable, and You will hold Us harmless for any loss or damage arising from Your failure to comply with any obligations set forth herein.

You agree to immediately notify Us of any unauthorized use of Your credentials or any other breach of security related to Your account.

Arkus serves as the merchant of record for all transactions on its platform under these terms, acquiring ownership of the Seller’s Products when the Buyer completes an order on Arkus website (“Merchant of Record”).

Seller must promptly complete, sign, and submit any forms related to tax, customs, regulatory, or inspection purposes that We require to ensure the transfer of title to the Products in any jurisdiction. Failure to comply with this requirement may result in the withholding of Seller Payments until compliance is achieved or the termination of Services if the issue remains unresolved.

6. SALE TO BUYERS

After Product registration, if a Buyer completes an order, We will purchase the corresponding Product from Seller, taking full ownership of the Product. Arkus will then sell the Product directly to the Buyer.

7. SELLERS

As a reseller, Arkus will provide the following Services:

• (a) Setting Sellers up as a supplier of the Product on Arkus platform and establishing a Seller Account which provides access to the Seller Dashboard and allows Sellers to view all sales made by Arkus and the monies that are due to Sellers for sales of the Product by Arkus.
• (b) Acting as your non-exclusive reseller of the Product through the Platform across all territories supported by Us.
• (c) Facilitating product fulfillment by Sellers to Buyers through connecting Sellers to Buyers to enable such Buyer to download/access the Product, as applicable; and
• (d) Order support and being responsible for all aspects of Sales Tax and other taxes and tax forms as between Seller, Arkus and Buyers.

In addition to any Seller’s obligation set forth under these Terms, Seller shall:

• a. represent and warrant that (I) You will comply with all applicable laws, rules, and regulations related to Your sale to US, (II) that in accessing and using the Services, You have the right to provide and use all information, content, and data that You provide to the Services, and (III) You will comply all applicable laws, rules, and regulations regarding advertisement provided in these Terms’ Annex.
• b. Comply with applicable laws and regulations concerning collection of taxes associated with Product sales to US, which may vary by country.
• c. assume the full responsibility for the timely payment of any taxes due or to be withhold by Us.
• d. prominently post and make available to Buyers on Seller’s website, a privacy policy in compliance with all applicable laws that clearly, conspicuously, and accurately discloses all information collection, use and sharing practices, including providing for the collection of such personally identifiable information in connection with these Terms and the provision of such personally identifiable information to Arkus.
• e. represent and warrant that Seller is the holder of all rights in the Products offered for sale, and Seller either owns or has the legal right to use and distribute all content, copyrighted material, intellectual property in marketing materials Seller uses to market the Products. This includes, but is not limited to, Product descriptions, information, images, customer reviews, any other materials on Seller’s website, as well as the content or information provided to Us.
• f. represent and warrant that You will comply with all applicable laws, rules, and regulations regarding the sale and marketing of Seller’s Products, including without limitation the Federal Trade Commission Act, the Food Drug and Cosmetic Act, the Dietary Supplement Health and Education Act, Federal Trade Commission Endorsements Guides, the Federal Trade Commission’s Telemarketing Sales Rule, the CAN-SPAM Act of 2003 and all state anti-spam laws such as California Business & Professions Code Section §§ 17529.5, 1798.83, the Telephone Consumer Protection Act and state mini-TCPA statutes, state and data privacy regulations such as the Children’s Online Privacy Protection Act, the California Online Privacy Protection Act and the California Consumer Privacy Act, and the California Health and Safety Code section 25249.6 (“Proposition 65”), and any other applicable federal, state, and local consumer protection laws, regulations, and standards.
• g. notify Arkus of any complaint received by Seller regarding any Product, promotion, or advertisement used in connection with Products within twenty-four hours of receiving such complaint.

8. PRIVACY AND SECURITY

Please review Our Privacy Policy, which governs the processing of all personal data collected from You in connection with your purchase of Products through the Site, and You consent to all actions Arkus takes with respect to such information, so long as such actions are consistent with the Privacy Policy.

Arkus Go allows the Buyer to save their personal and payment information to facilitate future purchases of products made available through the Arkus Platform. At the time of checkout, the Buyer will be presented with a checkbox offering the option to enroll in Arkus Go. By selecting this checkbox, the Buyer expressly agrees to the collection, storage, and use of their personal, payment, shipping, and order information for future identification and automatic pre-filling of the checkout process. Such information may include the Buyer’s full name, email address, mobile phone number, credit card details, billing address, shipping address, selected shipping method and details of the purchased products or services. Collectively, this information will be referred to as the Buyer’s “Saved Information.” The processing of Saved Information will be conducted in accordance with applicable data protection and privacy laws.

9. PRICING AND AVAILABILITY; PAYMENT

Subject to applicable law, all prices for Products posted are subject to change without notice. Further, Arkus reserves the right to change the prices and available Products at any time. Quantities of some Products may be limited, and stock cannot always be guaranteed. We reserve the right to discontinue any Product at any time. The price charged for a Product will be the price in effect at the time the order is placed and will be included in the order confirmation email. Price increases will only apply to orders placed after such changes. All applicable taxes, shipping, and handling charges are not included in the prices displayed and will be added to the total price in Buyer’s shopping cart and in the order confirmation email. Arkus shall be responsible for the calculation, collection, and payment of all applicable taxes related to the Transactions, except for taxes imposed explicitly on the Buyer, such as, but not limited to, import duties or taxes, which shall be the sole responsibility of the Buyer. The Buyer agrees to pay any such taxes directly to the appropriate authorities or reimburse Arkus if these taxes are paid on the Buyer’s behalf. The Seller agrees to provide all necessary information and documentation to ensure the accurate calculation, collection, and remittance of applicable taxes.

We are not responsible for pricing, typographical, or other errors in any offer, and We reserve the right to cancel any orders arising from such errors. Terms of payment are within Our sole discretion, and payment must be received by Us before Our acceptance of an order.

When You make a purchase/sell via the Services for Products (each, a “Transaction”), You expressly authorize Us to charge You for such Transaction. We may ask You to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that (i) the Payment Information You supply to Us is true, correct, and complete, (ii) You are duly authorized to use such credit card for the purchase of Products, (iii) charges incurred by You will be honored by your credit card company, and (iv) You will pay charges incurred by You at the posted prices, including all applicable taxes, if any. Payment is subject to validation and authorization by both the card company or payment processor and by Arkus to maintain security and prevent fraud. When You initiate a Transaction, You authorize us to provide your Payment Information to third parties so We can complete your Transaction and to charge your payment method for the type of Transaction You have selected (plus any applicable taxes and other charges that your bank or other financial service provider may levy on You). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the Payment Information definition). By initiating a Transaction, You agree to the pricing, payment, and billing policies applicable to such fees and charges, as posted or otherwise communicated to You. All payments for Transactions are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars.

If You pay through a credit card, We will charge Your credit card when your order is processed. The bank issuing your credit card may control when to release funds in the case of an order cancellation or refund. We reserve the right to use the payment information You provide Us in connection with this payment to provide better service to You should You wish to use Our service again in the future and to protect us from fraud and other losses. Completion of a payment transaction is contingent upon: (i) You providing complete personal, account, transaction and any other information needed, (ii) authorization of the payment by your credit or debit card company, and (iii) acceptance of your payment.

Except as expressly provided in these Terms, all orders are non-cancelable; We may grant or deny cancellation requests for individual orders in Our sole and absolute discretion. We may also, in Our sole discretion, cancel any payment at any time by providing notice to You through Your contact information or by a notice when You attempt to make a payment. We may cancel a payment or prevent You from initiating future payments for any reason, including, without limitation, the following:

• (i) if You attempt to use the Services in breach of any applicable law or regulation, including the credit card network rules or regulations;
• (ii) if You use the Services in breach of these Terms;
• (iii) if your payment method is declined;
• (iv) if We suspect fraudulent, unlawful or improper activity regarding a payment;
• (v) if We detect, in Our sole discretion, that your payments have excessive disputes, high reversal rates or present a relatively high risk of losses;
• (vi) failure to cooperate in an investigation or provide additional information when requested; or
• (vii) any other circumstances We deem appropriate in its sole discretion.

Seller shall specify a non-binding price recommendation for the net sales price of each Product (“Price Recommendation”). Once a Buyer completes an order for the corresponding Product, We shall pay Seller an amount based on the Price Recommendation, less tax due for the specific sale to the Buyer, less Arkus mark-up as Merchant of Record (“Seller Payments”).

Seller Payments shall be issued to Seller via the payment method specified at the time of creating an account. Seller Payments shall be issued within 180 days of the Buyer’s purchase date, or in the time period specified on the Site or otherwise agreed to by the Parties. Without limiting the foregoing, We reserve the right to extend the period in which it issues refunds to and accepts returns from Consumers, up to 365 days after the date of purchase, in which case Seller shall not receive Seller Payments until such refunds and returns are processed by Us.

Notwithstanding anything in these Terms or on the Site to the contrary, Arkus expressly reserves the right withhold a percentage of Seller Payments for an additional time period to account for potential or anticipated Buyer’s indemnification claims, including but not limited to chargebacks, refunds, and returns. Arkus reserves the right to extend the time for disbursement of Seller Payments if Arkus considers the quantities of a Product sold are low in relation to the Product price.

If a Buyer requests a return or refund or initiates a chargeback for the Product, We shall deduct the corresponding amount, including a transaction and chargeback fee, from Seller Payments for such returns, refunds, or chargebacks. Product reserves the right to withhold Seller Payments in whole or in part if it suspects that Seller has violated these Terms, or any applicable law, rule, or regulation, or if Products are suspected or deemed to be defective, or if Seller offers insufficient Product access or support, as determined by Us in Our sole discretion.

Notwithstanding anything in these Terms, Arkus expressly reserves the right to withhold Seller Payments for an additional time period to account for potential or anticipated indemnifications, including chargebacks, refunds, and returns.

10. RETURN AND REFUNDS

To request cancellation of the purchase of a Product or request a Product return, the Buyer must contact Us through the following channel: support@arkus.com, presenting the reasons for the cancellation or return request. We will evaluate Your request within two workdays. Arkus is fully responsible for managing returns, refunds, and customer service inquiries, ensuring compliance with its obligations as the Merchant of Record. For more detailed information, please review our Refund and Return Policy.

11. TRANSFER OF TITLE

Title to Products pass from Seller to Us when Buyer completes an order to buy in Arkus website. Title to Products pass from Us to Buyer when the Product becomes available to Buyer in Buyers’ country of residence.

Seller shall fill, sign, and submit any form for tax, customs, regulatory, inspection, among other purposes, that We require to transfer the title to Products in any jurisdiction.

If Seller does not comply with Section 11.1, We are authorized to withhold all Seller Payments until Seller fulfils Section 11.1, or to terminate the Services.

12. DAMAGED OR INCOMPLETE SHIPMENT

If You have received a damaged or incomplete shipment of Products or are otherwise unhappy with any Product, please email us at support@arkus.com. Any refunds are made solely at Our discretion.

13. TEMPORARY INACCESSIBILITY

Due to the specific nature of the online environment, Arkus cannot guarantee that the Services will be available and accessible without interruption. It may be necessary to restrict the availability of the Services or certain areas or features related to it, considering capacity limits, the security or integrity of its servers, and carrying out maintenance or service enhancement measures. Such situations will be considered force majeure, excluding Arkus's liability.

14. GENERAL PROHIBITIONS AND ARKUS ENFORCEMENT RIGHTS

You agree not to do any of the following:

• 14.1 Use, display, mirror, extract, scrape, copy, index or frame the Services (including any content made available by us therein), Products or any individual element within the Services, Arkus Products, Arkus name, any Arkus trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Arkus's express written consent;
• 14.2 Access, tamper with, or use non-public areas of the Services, Arkus's computer systems, or the technical delivery systems of Arkus's providers;
• 14.3 Attempt to probe, scan, or test the vulnerability of any Arkus system or network or breach any security or authentication measures;
• 14.4 Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Arkus or any of Arkus's providers or any other third party (including another user) to protect the Services;
• 14.5 Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like) other than the software and/or search agents provided by Arkus or other generally available third-party web browsers;
• 14.6 Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
• 14.7 Use any meta tags or other hidden text or metadata utilizing a Arkus trademark, logo URL, or Product name without Arkus's express written consent;
• 14.8 Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
• 14.9 Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive, or false source-identifying information;
• 14.10 Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services;
• 14.11 Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
• 14.12 Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
• 14.13 Impersonate or misrepresent your affiliation with any person or entity;
• 14.14 Offer for sale any Products unless it holds all rights to them.
• 14.15 use or distribute any content, copyrighted material, or intellectual property in marketing materials unless it owns or has the legal right to do so. This restriction applies to, but is not limited to, Product descriptions, information, images, customer reviews, and any other materials, as well as any content or information provided.
• 14.16 Violate any applicable law or regulation,or
• 14.17 Encourage or enable any other individual to do any of the foregoing.

Arkus is not obligated to monitor access to or use of the Services or to review or edit any content. However, We have the right to do so to operate the Services, ensure compliance with these Terms, and comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access