Terms of Service

Effective date: June 22, 2026 · Version 0.1 (Beta) · Workflow by Arkos Learning Solutions

These Terms of Service (the “Terms”) are a binding legal agreement between you (“you,” “your,” or “User”) and Arkos Systems, LLC, a limited liability company, operating under its trade name Arkos Learning Solutions (“Arkos,” “we,” “us,” or “our”). They govern your access to and use of the Workflow application, the Nexus account portal, the licensing and account services, and any related software, websites, and documentation (collectively, the “Service”).

By creating an account, activating a license, or using the Service, you agree to these Terms, our Privacy Policy, and our Software License Agreement. If you do not agree, do not use the Service.

1. Acceptance & Eligibility

You must be at least 18 years old and able to form a binding contract. If you use the Service on behalf of an organization, you represent that you are authorized to bind that organization to these Terms, and “you” includes that organization. You are responsible for compliance with all laws applicable to your use.

2. Accounts & Approval

• Account creation requires a valid email address and is subject to email verification and administrator approval by Arkos. Arkos may approve, deny, suspend, or terminate any account or application at its sole discretion.
• You are responsible for the accuracy of your registration information and for maintaining the confidentiality and security of your credentials. You are responsible for all activity that occurs under your account.
• You must promptly notify us of any unauthorized use or suspected security breach. Arkos is not liable for any loss arising from unauthorized use of your account.
• The Service is licensed for use by a single user on a single Apple-silicon Mac per license unless otherwise agreed in writing.

3. License & Ownership

Your use of the Workflow application is governed by the separate Software License Agreement (the “EULA”), which is incorporated into these Terms by reference. The Service, including all software, designs, text, graphics, logos, the “Workflow” and “Arkos” names and marks, and all intellectual property therein, is owned by or licensed to Arkos and is protected by United States and international intellectual-property laws. Except for the limited license expressly granted in the EULA, no rights are granted to you. All rights not expressly granted are reserved by Arkos.

3.1 Feedback

If you submit suggestions, ideas, or feedback, you grant Arkos a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use and incorporate that feedback for any purpose without obligation or compensation to you.

4. Beta Software

The Service is provided as a pre-release “beta” for evaluation. It may contain defects, may be changed, suspended, or discontinued at any time, and is offered without any service-level commitment, uptime guarantee, or assurance of data integrity or availability. You use the beta at your own risk and are solely responsible for maintaining independent backups of your data.

5. Restricted & Regulated Data

The Service has not been authorized, certified, or accredited to store or process restricted or regulated information. You must not enter, upload, or process classified information; Controlled Unclassified Information (CUI); Federal Contract Information requiring safeguarding; ITAR-controlled technical data; EAR-controlled or other export-controlled information; source-selection-sensitive or procurement-sensitive information requiring an approved system; HIPAA-protected health information; criminal justice information; or any information subject to a contractual or regulatory security requirement the Service has not been formally approved to meet.

You are solely responsible for the data you place in the Service and for determining its suitability. You agree to defend, indemnify, and hold Arkos harmless from any claim, loss, fine, penalty, or liability arising from your entry of restricted or regulated data in violation of this Section, as further provided in Section 12.

6. Acceptable Use

You agree not to, and not to permit any third party to:

• use the Service in violation of any applicable law, regulation, or third-party right;
• copy, modify, distribute, sell, sublicense, rent, lease, or create derivative works of the Service except as expressly permitted;
• reverse engineer, decompile, disassemble, or attempt to derive source code, except to the limited extent such restriction is prohibited by applicable law;
• circumvent, disable, or tamper with licensing, authentication, security, or usage-control features;
• access the Service to build a competing product, or to benchmark without our prior written consent;
• introduce malware or interfere with the integrity or performance of the Service;
• misrepresent your identity or affiliation, or use another’s account without authorization.

7. Microsoft & Third-Party Services

The Service integrates, at your election, with Microsoft 365 services (including OneDrive, Outlook, Calendar, and Microsoft Forms) using your own Microsoft account and credentials. Your use of those services is governed by Microsoft’s terms and privacy policies, not by Arkos. Arkos does not control, operate, or assume responsibility for any third-party service, and your project content transmitted to or stored in your Microsoft environment is outside Arkos’s control and responsibility. Arkos is not a party to, and disclaims all liability arising from, your relationship with Microsoft or any other third party.

8. Privacy & Your Data

Your project content (including workflows, tasks, notes, contacts, documents, emails, form responses, time entries, and analytics) is stored locally on your device and, at your option, in your own Microsoft 365 environment. Arkos does not collect, store, or process your project content. Arkos stores only the account and license information described in our Privacy Policy. You are responsible for your data and for maintaining backups.

9. Fees, Licensing Term & Renewal

Licenses are issued for a term (typically one year) as described at the time of issuance. Except where required by law or expressly stated in writing, all fees are non-refundable. Upon expiration without renewal, the application enters a read-only mode as described in the EULA; your data remains accessible for viewing, search, backup, and export, but editing and certain features are disabled until a valid license is reinstated. Arkos may change pricing and license terms prospectively.

10. Disclaimer of Warranties

The service is provided “as is” and “as available,” with all faults and without warranty of any kind. To the maximum extent permitted by law, Arkos and its members, officers, employees, agents, licensors, and suppliers disclaim all warranties, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, accuracy, quiet enjoyment, and non-infringement. Arkos does not warrant that the service will be uninterrupted, timely, secure, error-free, or free of data loss, or that defects will be corrected. No advice or information obtained from Arkos creates any warranty not expressly stated in these terms. Some jurisdictions do not allow certain disclaimers; in such cases the disclaimers apply to the fullest extent permitted.

11. Limitation of Liability

To the maximum extent permitted by law, in no event will Arkos or its members, officers, employees, agents, affiliates, licensors, or suppliers be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, business, data, or data use, or cost of substitute products, however caused and under any theory of liability (whether contract, tort including negligence, strict liability, or otherwise), even if advised of the possibility of such damages.

To the maximum extent permitted by law, Arkos’s total cumulative liability for all claims arising out of or relating to the service or these terms will not exceed the greater of (a) the total amounts you actually paid to Arkos for the service in the twelve (12) months preceding the event giving rise to the claim, or (b) fifty U.S. dollars (US $50.00). For any beta, trial, or no-charge use, this cap is US $50.00.

These limitations are an essential basis of the bargain between you and Arkos and apply even if a limited remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations; in such cases liability is limited to the greatest extent permitted by law.

12. Indemnification

You agree to defend, indemnify, and hold harmless Arkos Systems, LLC and its members, managers, officers, employees, agents, affiliates, licensors, and suppliers (the “Arkos Parties”) from and against any and all claims, demands, suits, proceedings, damages, losses, liabilities, judgments, fines, penalties, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or related to:

• your access to or use or misuse of the Service;
• your breach or alleged breach of these Terms, the EULA, or the Privacy Policy;
• your data or content, including any restricted or regulated data entered in violation of Section 5;
• your violation of any law or of any third-party right, including intellectual-property, privacy, confidentiality, contractual, or publicity rights;
• your use of Microsoft or other third-party services in connection with the Service; and
• any dispute between you and any third party.

Arkos may, at its option, assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate. You will not settle any matter affecting an Arkos Party without Arkos’s prior written consent. This Section survives termination.

13. Term & Termination

These Terms remain in effect while you use the Service. Arkos may suspend or terminate your access or license, in whole or in part, at any time, with or without cause or notice, including for any breach of these Terms or the EULA, or for entry of restricted data. Upon termination, your right to use the Service ceases; the EULA’s read-only and data-preservation provisions and Sections 3, 5, 10–12, 14, and 16 survive. Arkos is not liable to you or any third party for any suspension or termination.

14. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Washington, United States, without regard to its conflict-of-laws rules, and excluding the U.N. Convention on Contracts for the International Sale of Goods.

14.1 Informal resolution

Before filing a claim, you agree to first contact us at contact@arkossystems.com and attempt to resolve the dispute informally for at least thirty (30) days.

14.2 Binding arbitration; class-action and jury waiver

To the fullest extent permitted by law, any dispute arising out of or relating to these terms or the service that is not resolved informally will be resolved by binding individual arbitration administered by a recognized arbitration provider under its rules, seated in Benton County, Washington, and not in court. You and Arkos waive the right to a jury trial and waive the right to participate in a class, collective, or representative action.

Notwithstanding the above, either party may bring an individual claim in small-claims court, and Arkos may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information. If the class-action waiver is found unenforceable, the arbitration agreement is void as to that claim, which will proceed in the state or federal courts located in Benton County, Washington, to whose exclusive jurisdiction and venue the parties consent.

15. Changes to the Service or Terms

Arkos may modify the Service or these Terms at any time. Material changes will be indicated by updating the “Effective date.” Your continued use after changes take effect constitutes acceptance. If you do not agree, you must stop using the Service.

16. General

• Entire agreement. These Terms, the EULA, and the Privacy Policy are the entire agreement between you and Arkos regarding the Service and supersede all prior agreements.
• Severability. If any provision is held unenforceable, the remaining provisions remain in full force, and the unenforceable provision will be modified to the minimum extent necessary.
• No waiver. Arkos’s failure to enforce any provision is not a waiver.
• Assignment. You may not assign these Terms without Arkos’s prior written consent; Arkos may assign freely. These Terms bind permitted successors and assigns.
• Force majeure. Arkos is not liable for delay or failure due to causes beyond its reasonable control.
• Export & sanctions. You represent that you are not located in, and will not use the Service in violation of, any U.S. export-control or sanctions law.
• U.S. Government end users. The software is “commercial computer software” provided with restricted rights per FAR 12.212 / DFARS 227.7202.
• Relationship. The parties are independent contractors; no agency, partnership, or joint venture is created.
• Notices. Legal notices to Arkos must be sent to the contact below; we may notify you via the email on your account.

17. Contact

Arkos Systems, LLC (d/b/a Arkos Learning Solutions)
Attn: Legal · contact@arkossystems.com

© 2026 Arkos Systems, LLC. Arkos Learning Solutions is a trade name of Arkos Systems, LLC. All rights reserved.