Terms of
Sale & Use.

The terms

1. Who you are dealing with

1.1 Your seller. Your seller — "ARK", "we", "us" — depends on the country your Product is delivered to. For Software-only or Account-only use it depends on your country of residence.

Each seller is responsible only for its own contracts. This does not limit any liability that product-safety or product-liability law places on the manufacturer, importer or distributor of a Product.

1.2 Acceptance. You accept these Terms when you place an order — online or at an event — create an Account, or install, launch or use the Software or Firmware. If you do not agree, do not order, install or use.

1.3 Consumers and businesses. These Terms are written for Consumers. Anyone who is not a Consumer — a company, school, institution or other organisation buying for its own internal use, or an individual buying for a trade, business or profession (a "Non-Consumer Buyer") — is bound by them too; Sections 4.1, 4.2, 4.4, 4.5, 5.6, 9.8, 11.6, 13.3, 13.4 and 16 say where the rules differ. Nothing in these Terms permits Commercial Use by anyone (Section 8).

1.4 Your local rights. Nothing in these Terms removes rights you have under the law of your country of residence that cannot be excluded by contract ("Mandatory Local Rights"). Where a clause conflicts with them, the law wins to that extent and the rest of the clause still applies. Section 17 sets out the main rights of consumers in the EU/EEA and the UK. Those rights apply to you because we sell to your country, not because of where we are established — buying from a company outside the EU does not reduce them.

1.5 Event offers. If you order at a show or event, the Offer Sheet you sign there states the price, its validity, the expected Ready Window and the refund longstop for your order. Where the Offer Sheet states a price, date or refund term, it prevails over these Terms; everything else in these Terms applies, including Section 3.8. An Offer Sheet identifies the seller for that order. Where an Offer Sheet names a seller other than the one this Section gives for your delivery country — for example one issued before 14 September 2026 — the order is honoured by the seller named in this Section, on the same terms.

2. Definitions

3. Orders, prices and pre-orders

3.1 Your order. Your order is an offer to buy. We accept it — and the contract of sale is made — when we send you an order confirmation by email or, at an event, when we accept your payment and give you an order number. We may decline an order before acceptance (stock, pricing error, fraud, sanctions, export control, or an order that appears to be for Commercial Use) and refund anything you paid.

3.2 Price. The Kit price is the price shown at checkout or on your Offer Sheet. It excludes shipping, which is quoted separately when your Product is ready (Section 4.2). For delivery to the USA it includes import duties; any US sales tax we must collect is shown separately before you pay. For delivery to the EU/EEA the price includes import VAT and customs duty: nothing further is payable to customs or the carrier on delivery (Section 4.3). For every other destination outside the USA the price excludes import VAT or GST, customs duty and clearance fees, and you pay them on delivery (Section 4.3). We cannot calculate them in advance: they are set by your country’s rates and by your own customs authority, not by us. We tell you this before you order, and you never owe us any charge we did not disclose to you beforehand. If we find a clear pricing error before dispatch, we will tell you and give you the choice of paying the correct price or cancelling for a full refund.

3.3 What your Kit includes. Every Kit includes the PDK six-degree-of-freedom motion platform. Your order confirmation or Offer Sheet names your build, and what that build adds — extension feet and table, racing chassis and stabiliser feet, wheelbase, steering wheel, button box, pedals — is listed there, on the product page or show specification sheet, and on the packing list supplied with it. No Kit includes a seat, PC, display or games. You supply these, and they must meet the Safety Manual and Installation Guide — the seat must be rated for motion use and secured as the Installation Guide requires.

3.4 Payment. The Kit price is due in full at order. Payments are processed by Stripe; its terms apply to the payment transaction. We do not store your card number.

3.5 Pre-orders. A pre-order is an order for a Product that is not yet in stock. Your order confirmation or Offer Sheet states the Ready Window; our standard Ready Window is 3 to 6 months from order confirmation. It is our best estimate, not a promise: delays of up to 12 months beyond it are possible. If we learn that we cannot be ready within it, we will tell you at once with a revised estimate and remind you that you may cancel for a full refund (Section 5.1). For orders placed online: if the revised estimate is more than 30 days later than the original Ready Window, or we cannot give one, we will cancel the order and refund you unless you tell us you want to wait. You are refunded automatically if we have not shipped within 12 months after the end of the Ready Window (Section 5.3).

3.6 Early reservation holders. A "SECURE YOUR GRID POSITION" reservation is a reservation of a place in the order queue. No fee is charged to hold one and none are being sold. It is not an order and does not create a contract of sale. Reservation holders receive a personal, single-use code that sets the code price of one Kit at checkout — the PDK or the PDK + ARK Ecosystem, no other build; they are invited to order ahead of all later customers, and their Kits ship first. Any reservation bought before this version of the Terms is governed by the terms shown at its checkout; EU/EEA and UK consumers may withdraw from such a reservation within 14 days of buying it.

3.7 Custom Builds. We confirm the specification, price and build time in writing before starting; changes after that may change price and time. You may cancel before we confirm that work has started and receive everything you paid less non-recoverable third-party costs we have told you about; after that, you pay for work done and materials committed and we refund the balance. Custom Builds cannot be returned after delivery except for defects. A design you supply stays yours; you license us to use it to build, test, support and repair your Custom Build, and we will not disclose it, or identify you, without your consent other than to our manufacturing partners. The engineering we create to realise it is ours and may be reused.

3.8 Change in duties. Your price is fixed once we confirm your order. For delivery to the USA, where import duty is ours to pay, we absorb the first USD 400 per Kit of any change in import duty or tariff affecting it. For every other destination the duty is yours to pay to your own customs authority (Section 4.3), so a change in it does not change the price we charge you and this Section does not apply. If a duty or tariff imposed after your order confirmation raises our landed cost by more than that, we will tell you before we ship, show you the change, and give you the choice: pay the difference, or cancel for a full refund. We will never charge you more without your agreement, and cancelling for this reason always costs you nothing. If a duty or tariff falls by more than that amount before we ship, we will refund you the difference without being asked.

4. Ready Window, shipping and delivery

4.1 Ready Window. Products ship from our manufacturing partner in Shenzhen, China. The Ready Window in your order confirmation or Offer Sheet is our estimate of when your Product will be ready to ship; Section 3.5 says what happens if we cannot meet it. Anyone — Consumer or Non-Consumer Buyer — may cancel before dispatch under Section 5.1. EU/EEA consumers: Section 17.3 also applies.

4.2 Shipping quote. Shipping is not included in the Kit price. When your Product is ready we send you a shipping quote under our Shipping Policy at ark-dynamics.com/legal/shipping/, covering freight and transit insurance to your address; the Shipping Policy shows estimated costs by region so you can see the likely cost before you order — about USD 500 for delivery to the USA by sea freight, with 40 to 60 days in transit. The quote states the estimated transit time to your address. You have 14 days to accept and pay it; we dispatch after payment. If you do not accept it, Consumers may cancel for a full refund of everything paid; Non-Consumer Buyers may instead collect, or send their own carrier to, our ship-from location. If you neither pay nor cancel, we will remind you; if we have had no response 60 days after the quote, we treat the order as cancelled and refund the Kit price in full. You may change your delivery address before dispatch; if the change moves delivery to a country served by the other seller, or changes the duty or tax basis, we will re-quote and you may accept or cancel for a full refund.

4.3 Duties and taxes.

4.4 Risk and title. For Consumers, risk of loss or damage passes when you, or a person you nominate other than the carrier, take possession of the Product; if you arrange your own carrier, when we hand it to that carrier. For Non-Consumer Buyers, risk passes when we hand the Product to the carrier. Title passes when we ship.

4.5 Inspection. Check the packaging and contents on delivery and report transit damage or missing parts to devsupport@ark-dynamics.com as soon as you can. Damage that occurred before risk passed to you is repaired, replaced or refunded at our cost. Reporting late does not remove a Consumer's legal rights but may make transit damage harder to show; Non-Consumer Buyers must report within 5 days.

4.6 Registration. Register your Product in the Software or at ark-dynamics.com/support so that Safety Notices, recall information and updates reach you. If you sell or give away the Product, tell us or ask the new owner to register. Registration is not a condition of any warranty.

5. Cancellation, returns and refunds

5.1 Before dispatch. You may cancel any order at any time before we confirm dispatch, for any reason, by emailing devsupport@ark-dynamics.com with your order number. We refund everything you paid to the original payment method within 14 days. Custom Builds: Section 3.7 applies instead.

5.2 After delivery — Consumers. You may return a Product for any reason within 14 days from the day you, or a person you nominate other than the carrier, receive it (or its last part). Tell us by a clear statement to devsupport@ark-dynamics.com or by post to your seller's address in Section 1.1 before the 14 days end — EU/EEA and UK consumers may use the form in Annex A but need not. Send the Product back within 14 days of telling us, to the return address we give you when you notify us — it is in the United States — packed safely, ideally in its original packaging. You pay the direct cost of returning it; because the Product cannot be posted, the estimated cost is about USD 500 by sea freight, similar to the cost of delivery, and more from remote, island or inland addresses. We tell you this before you order so that you can take it into account; if we had not, the cost would be ours. We refund all payments received from you, including standard delivery costs, within 14 days of your notice; we may hold the refund until we receive the Product or proof that you have sent it. You are liable only for any reduction in the Product's value caused by handling beyond what is needed to establish its nature, characteristics and functioning — assembling the Kit beyond checking its contents, operating it or modifying it may lead to a deduction. This right does not apply to Custom Builds or to digital content once you have agreed to its immediate delivery.

5.3 Automatic refund. If we have not shipped your Product within 12 months after the end of the Ready Window — or by the longstop date on your Offer Sheet — we refund you in full automatically, unless you ask us in writing to keep the order open. Time during which shipment waits on you — an unpaid shipping quote, a refused delivery or a deferral you requested — does not count.

5.4 Faulty or wrong Products are put right at our cost under Section 11 and your legal rights, not under this Section, and we pay the return shipping.

5.5 Data. Before returning a Product, remove personal data where the Software allows. We may reset returned Products.

5.6 Non-Consumer Buyers may cancel under Section 5.1 but have no right of return after delivery except for defects (Section 11.6).

6. A kit you assemble

6.1 Every Kit is supplied as a kit of parts, with the Installation Guide and Safety Manual. As delivered it is not an assembled, ready-to-use machine.

6.2 It becomes a working motion simulator only when you: assemble it as the Installation Guide describes; anchor it to a floor and structure that meet the rated limits; fit the seat, PC, display, power connection and any other item Section 3.3 says you supply, meeting the Safety Manual; and pass the commissioning checks, including the emergency-stop test. Where the Installation Guide requires a competent person — for electrical work or structural anchoring — you must use one. Do not operate the Product until every step is checked off.

6.3 We are responsible for the design, materials and workmanship of the parts we supply, the Firmware as supplied, and the accuracy and completeness of the Installation Guide and Safety Manual. You are responsible for the assembly and installation work; the floor, structure and the items you supply under Section 3.3; keeping the assembled simulator in the condition the Safety Manual requires; and supervising every Rider you allow.

6.4 If you assemble the Kit other than as the Installation Guide describes, fit parts we have not supplied or approved — other than the items in Section 3.3 that you supply and that meet the Safety Manual — or modify any part or the Firmware, the resulting machine is your product: to the extent the law so provides you are its manufacturer, and our warranty and liability for that machine end, except for a defect in a part we supplied that the deviation did not cause. A fault caused by your incorrect assembly is not a defect in the Kit, unless the incorrect assembly resulted from a shortcoming in the Installation Guide.

6.5 This Section allocates responsibility for assembly. It does not exclude liability that product-safety or product-liability law places on us as supplier of the Kit and does not allow us to exclude (Section 13.1). If a part is missing, damaged or does not match the Installation Guide, stop and contact devsupport@ark-dynamics.com.

7. Safety

7.1 Read first. The Product is a powered machine that moves the Rider in six axes with real force and speed. Misuse, incorrect assembly, poor mounting, modification, or ignoring the Safety Manual can cause serious injury or death to the Rider or bystanders. Before you assemble, install or operate the Product, read the Safety Manual and Installation Guide in full. They form part of these Terms; on a safety matter the Safety Manual prevails. The rated limits — maximum Rider weight, total payload, Rider height, clearance envelope, keep-clear zone, floor load and mounting, power supply, session length and operating environment — are stated in the Safety Manual. Never operate outside them.

7.2 Emergency stop. Before every session confirm it works and keep it within the Rider's reach and, when a second person is present, within that person's reach. Never disable, bypass, relocate out of reach or modify the emergency stop or any safety interlock.

7.3 Before every session check that all fasteners, mounts and anchors are tight; cables are secured and undamaged; the keep-clear zone is empty of people, pets and objects; the seat or cockpit is rated for motion use and secured as the Installation Guide requires; the emergency-stop test has passed; and the Rider meets Section 7.4.

7.4 Who must not ride.

This list is not medical advice and is not complete. If in doubt, ask a doctor. Motion simulation can cause nausea, dizziness, disorientation and loss of balance during and after a session: start with short, low-intensity sessions and do not drive or do anything that needs balance until symptoms have passed.

7.5 Stop immediately if the Rider feels unwell, dizzy or in pain; on any unusual noise, vibration or movement; if any part loosens; if the Software or Firmware shows a fault code; or if anyone enters the keep-clear zone.

7.6 Never: (a) modify or re-tune actuators, drives, controllers, wiring, the power supply or any safety interlock, or replace them with anything other than ARK-supplied or ARK-approved parts fitted as the Installation Guide or a Safety Notice instructs; (b) modify, re-flash or bypass safety-critical Firmware; (c) exceed the rated limits; (d) operate with covers, guards or fasteners removed; (e) fit a seat, cockpit or peripheral not rated for the loads it will carry; (f) operate outdoors, on an unstable or unlevel floor, or in a wet environment; (g) leave the Product powered and unattended with a Rider on board; or (h) let anyone into the keep-clear zone during operation.

7.7 Upkeep. Inspect fasteners, mounts, cables and actuators at the intervals in the Safety Manual and after any transport, impact, fault or unusual event; follow its maintenance schedule and replace wear items when it says so. Keep children, pets and bystanders out of the room or behind a barrier outside the keep-clear zone. Use only the supplied or approved power supply on a properly earthed outlet; do not use damaged cables; provide the ventilation the Installation Guide requires; keep flammable materials away from drives and power electronics.

7.8 Third-party games and platforms. The Product works with third-party sim titles, engines, telemetry APIs, plug-ins and PCs. We do not control them and are not responsible for their availability, compatibility, content, or the motion cues they send; flashing images come from them, and Section 7.4 applies. We publish a compatibility list at ark-dynamics.com/support and keep it updated with reasonable care.

7.9 Age. You must be at least 18, and at least the age of majority where you live, to buy a Product, hold an Account or accept these Terms. A minor may ride only if they are at least the minimum rider age and within the rated limits; a parent or legal guardian, or an adult authorised by one, is present and acts as Operator for the whole session, has read the Safety Manual, and has the emergency stop within reach. The Operator is responsible for supervising the minor.

7.10 Your acknowledgement. By buying, assembling, installing or operating a Product, or allowing anyone else to ride, you confirm that: (a) you have read and understood the Safety Manual and this Section; (b) you understand that motion simulation carries inherent risks of injury that cannot be fully removed even when the Product is used correctly; (c) you will follow the rated limits and the rules in this Section; (d) you will make sure every Rider and Operator you allow also knows and follows them; and (e) you are responsible for supervising the Riders you allow and for making sure they meet Section 7.4. This does not limit our liability for death or personal injury caused by our negligence, or by a defective Product, where the law says that liability cannot be limited (Section 13.1).

7.11 Safety Notices. If we learn of a safety issue we may issue a Safety Notice by email to your Account or order address, in the Software and on the Website. It may require you to stop using the Product, install an update, inspect or replace a part, or return the Product. You must follow it. We bear the cost of anything a Safety Notice requires. If it requires you to stop using the Product and we cannot restore safe use within a reasonable time, we repair or replace the Product, or refund it, at our cost — at our option, or at your choice between at least two of those remedies where the law so provides; where the law allows, a refund of a Product you have had for more than a year may be reduced by a reasonable allowance for use. A Safety Notice supplements the Safety Manual; it does not change the commercial terms of your order.

7.12 Incident reporting. Tell us at devsupport@ark-dynamics.com within 7 days of any injury, near-miss, structural or part failure, unexpected movement, fire or electrical event involving the Product, whether or not it was connected to the Software. We need this to meet our product-safety duties and to protect other customers.

8. Private use only

8.1 The Product is sold and licensed for private use — or, for Non-Consumer Buyers, internal use — only. You must not put it to Commercial Use, or allow anyone else to. Commercial Use is not licensed under these Terms, whoever you are.

8.2 Commercial Use may make the Product an amusement device under local law, with licensing, inspection, insurance and operator-training duties. These Terms do not cover them and ARK does not accept them.

8.3 If the Product is put to Commercial Use: the Software and Services licence for it ends (Section 14.2) and the Firmware licence continues only for private or internal use; the ARK Limited Warranty does not cover damage arising from or during Commercial Use; and you indemnify ARK against third-party claims arising from it (Section 13.4).

8.4 Anyone wanting to operate a Product commercially must sign a separate Commercial Operator Agreement. These Terms do not create one, and we may decline any request. Contact devsupport@ark-dynamics.com.

8.5 You may create, stream and monetise content featuring the Product, and take part in online or in-person competitions, including for prize money. That is not Commercial Use.

9. Firmware, Software, Accounts and Services

9.1 Licence. Subject to these Terms: (a) the Firmware is licensed to you, non-exclusively, for the life of the Product it was supplied for, to operate that Product for private or internal use as the documentation describes; (b) the Software is licensed to you personally, non-exclusively and non-transferably, revocable under Section 14, to use on devices you control only to operate a Product. Firmware and Software are licensed, not sold. If you sell or give away the Product, the Firmware licence passes to the new owner when you stop using it and they accept these Terms; Accounts do not transfer.

9.2 Restrictions. Except to the extent applicable law expressly permits — including decompilation for interoperability, repair, error correction or security research, to the extent the law allows — you must not copy, modify, reverse engineer, decompile or disassemble the Firmware or Software; remove proprietary notices; sell, rent, sublicense or distribute them; use them with hardware other than a Product; or circumvent licence, security or safety controls. Open-source components and their licences are listed in the Software's open-source notices; those licences govern those components and nothing here restricts the rights they grant.

9.3 Updates. We may release updates that fix faults, improve safety or security, add or change features, or maintain compatibility. Some are safety-critical: we will tell you which, what happens if you do not install them, and the time within which you must. If you do not install a safety-critical update within a reasonable time after we have told you of it and its consequences, we are not responsible for a fault that results only from the missing update, unless our installation instructions caused the problem.

9.4 Safety lock-out. If the Product detects that a safety-critical interlock, limit or emergency-stop function has been bypassed, disabled or modified, the Firmware may put it into a safe, non-moving state and the Software may refuse to run a session until the safety configuration is restored. We do this only to the extent necessary for safety; the Software tells you what triggered it, and we help you restore a safe configuration. A lock-out does not change your ownership of the hardware and is not a penalty.

9.5 Support period. We provide security updates, and the safety updates the Product needs, for at least 5 years from delivery of your Product, or any longer period the law requires. For the same period the Software functions needed to operate the Product remain available to you without additional charge, and we will not discontinue a Service needed to operate or update the Product except where a third-party provider, the law or insolvency forces it (Section 14.2), in which case we make an offline session mode available where we can. Report security vulnerabilities to devsupport@ark-dynamics.com. Cloud profiles, community features and updates need an Account or an internet connection; the Installation Guide states what is needed to run a session.

9.6 Accounts. One Account per person; keep your information accurate and your credentials confidential; you are responsible for activity under your Account unless it results from a security failure on our side; tell us at devsupport@ark-dynamics.com of any unauthorised use.

9.7 Acceptable use. You must not: share licence keys or Account access, or distribute the Firmware or Software separately from a Product; use them unlawfully or in breach of these Terms; remove, disable or defeat any safety interlock, limit, emergency stop or lock-out; use the Product with actuators, drives, controllers, power supplies or firmware that ARK has not supplied — its interlocks, load limits and motion profiles are tuned to approved components, and others can cause unexpected motion and injury; use the Software to control other hardware; interfere with the Services or other users' Accounts; or misrepresent your relationship with ARK. Breach may lead to suspension or termination (Section 14) and to warranty claims for resulting damage being declined. Your ownership of the hardware, and your right to repair your own Product where the law protects it, are unaffected.

9.8 Services are provided with reasonable care and skill. For Non-Consumer Buyers, and for Consumers to the extent your Mandatory Local Rights allow, Software and Services are otherwise provided "as is" and we do not warrant that they will be uninterrupted or error-free. EU/EEA consumers also have the legal guarantee for digital content and services.

10. Data and telemetry

10.1 What the Product collects. The Firmware and Software may collect usage hours, session counts, actuator load and temperature, fault and error logs, emergency-stop events, firmware version and crash reports, and — from the PC running the Software — hardware configuration, the game title in use and your IP address. We use this data to keep the Product safe, diagnose faults, provide support and warranty service, improve the Product, and comply with product-safety reporting duties.

10.2 Your choices. Safety-critical data — interlock, fault and emergency-stop events — is collected whenever the Product is connected to the Software, because we need it to keep the Product safe and to meet our safety obligations; you may object, and we will explain the safety consequences. Other telemetry can be switched off in the Software settings, and in the EU/EEA is collected only with your consent, which you can withdraw at any time. We keep telemetry for 24 months, or longer where needed for a warranty claim, safety investigation, legal claim or regulatory duty. If we believe a Product may have a safety defect, we may use telemetry to identify and contact affected customers and share it with product-safety authorities where the law requires.

10.3 Your access to Product data. You may access the data the Product generates from your use — usage, session, actuator, fault and configuration data — and share it with a third party of your choice, through the Software's export function or by request to devsupport@ark-dynamics.com, free of charge, in a commonly used machine-readable format. We withhold only what is necessary to protect our trade secrets and the integrity of safety-critical Firmware, and tell you if we do.

10.4 Privacy. The controller of your personal data is the company that sold to you under Section 1.1 — ARK Dynamics Global for orders delivered in the USA, ARKINEMATICS LIMITED for orders delivered in the EU/EEA and the rest of the world. If you are in the EU or EEA, ARKINEMATICS is our representative under Article 27 of the GDPR and you may contact it instead of us (Section 1.1). Our Privacy Policy at ark-dynamics.com/legal/privacy/ explains what we collect, why, how long we keep it, who we share it with (our manufacturing and repair partners in China, email delivery by Amazon Web Services (Amazon SES) and support by ARK Dynamics Global in the USA, carriers, and Stripe — the site itself runs on ARK's own server), international transfers and their safeguards, and your rights. Privacy contact: devsupport@ark-dynamics.com. EU/EEA consumers: Section 17.4 also applies.

11. Limited Warranty

11.1 LIMITED WARRANTY. This is a Limited Warranty. Your seller (the "Warrantor") warrants to the original purchaser that the Product will be free from defects in materials and workmanship under normal private or internal use, in accordance with the Safety Manual and Installation Guide, for 24 months from delivery (the "Warranty Period"). Covered components: all components of the Kit. This warranty is not transferable. If a covered defect appears during the Warranty Period and you follow Section 11.3, we will, at our option, repair the Product, replace the defective part or Product with a new or refurbished equivalent, or refund the purchase price. Repaired or replacement parts are warranted for the remainder of the Warranty Period or 90 days, whichever is longer.

11.2 What is not covered. Damage caused by failure to follow the Safety Manual or Installation Guide, incorrect assembly or installation, or an unsuitable floor, structure, seat or cockpit; use outside the rated limits; modification, repair or parts not supplied or approved by ARK, or bypassing a safety interlock; accident, abuse, neglect, liquid, fire, power surge or transport after delivery; Commercial Use or rental use; normal wear and wear items (as listed in the Safety Manual); cosmetic damage that does not affect function; consumables; Products sold "as is" or refurbished except as stated at sale. Using third-party parts or services does not by itself void this Limited Warranty; we decline a claim only where the third-party part or service caused the defect.

11.3 How to claim. Email devsupport@ark-dynamics.com with your order number, a description of the fault, photos or video and any fault code. We may ask you to run diagnostics in the Software. We diagnose remotely and replace at part level wherever possible. If we authorise a return we issue an RMA number; send the part, packed safely, to the return address we give you. If a whole Product must be returned, we arrange the collection. For a valid claim we pay return and replacement shipping; where repair or replacement requires an installed Product to be removed and re-installed, we bear that cost where the law requires. If we find no covered defect, we may charge reasonable inspection and return-shipping costs, and will tell you before charging.

11.4 USA — your rights. ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IS LIMITED IN DURATION TO THE DURATION OF THIS WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. TO THE EXTENT PERMITTED BY LAW, THE WARRANTOR IS NOT LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM ANY BREACH OF THIS WARRANTY OR OF ANY IMPLIED WARRANTY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS EXCLUSION DOES NOT APPLY TO DAMAGES FOR PERSONAL INJURY WHERE THE LAW DOES NOT PERMIT THEIR EXCLUSION. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. Nothing in this warranty requires you to arbitrate a claim.

11.5 EU/EEA and other consumers. This Limited Warranty is given in addition to your legal rights and does not affect them. EU/EEA consumers have a legal guarantee of conformity of at least 2 years from delivery, which applies regardless of this warranty and free of charge (Section 17.1). UK consumers have the rights in Section 17.7. Australian consumers: our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. The benefits under this Limited Warranty are in addition to those rights; to claim, follow Section 11.3; we bear the cost of a valid claim; the Warrantor's details are in Section 1.1.

11.6 Non-Consumer Buyers. This Limited Warranty is your sole remedy for defects. IN THE USA, ANY IMPLIED WARRANTY IS LIMITED IN DURATION TO THE WARRANTY PERIOD AND SECTION 11.4 APPLIES; NO IMPLIED WARRANTY IS EXCLUDED. OUTSIDE THE USA, TO THE EXTENT THE LAW ALLOWS, ALL OTHER WARRANTIES, CONDITIONS AND TERMS — EXPRESS, IMPLIED OR STATUTORY, INCLUDING MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT — ARE EXCLUDED, AND WHERE THE LAW DOES NOT ALLOW EXCLUSION THEY ARE LIMITED IN DURATION TO THE WARRANTY PERIOD. Nothing in this Section limits a guarantee that the Australian Consumer Law or other Mandatory Local Rights give a Non-Consumer Buyer.

11.7 Conformity, safety law and disposal. ARKINEMATICS remains the manufacturer of the Product for EU product-safety and market-surveillance purposes, and is our authorised representative in the EU under Article 16 of Regulation (EU) 2023/988. Its name and address are in Section 1.1 and Section 18.10, and appear on the Product. This does not change with who sells to you: the EU requires a product offered to EU consumers to have an economic operator established in the EU, and ARKINEMATICS is ours. Nothing in these Terms limits our duties under product-safety law, including any duty to recall or correct an unsafe Product. The Product is electrical equipment: do not dispose of it in household waste.

12. Intellectual property and your content

12.1 ARK Dynamics Global and ARKINEMATICS (together the "ARK Group") own, or hold licences to, all intellectual property in the Products, Firmware, Software, Website, Safety Manual, Installation Guide and related documentation and content. Buying a Product gives you title to the physical hardware and the licence in Section 9; nothing more. ARK DYNAMICS and PDK Racer are trade marks of the ARK Group; the ARK DYNAMICS word mark is the subject of a pending United States application. You may say accurately that you own or use a PDK Racer; do not otherwise use our marks without written permission. You may not copy the hardware designs to make or sell competing products or parts presented as ARK products; this does not restrict your right, or an independent repairer's, to repair your own Product where the law protects that right.

12.2 Your content. Videos, streams, lap data and tuning profiles you create are yours.

12.3 Designs and code you send us. You keep ownership of anything you submit to ARK. By submitting it you grant ARK a non-exclusive, royalty-free licence, for 24 months or until you withdraw it by email to devsupport@ark-dynamics.com, to store, review, test and internally modify it in order to evaluate it and discuss it with you. Anything commercial — manufacture, distribution, sale, revenue share, attribution — needs a separate written agreement signed by both of us; nothing said during evaluation commits ARK to build, promote or pay for anything. You warrant that what you submit is yours to license, infringes no one's rights and contains no malicious code, and that you have told us if it affects motion, load, electrical or safety behaviour. Such modifications are not approved unless we say so in writing; using them is at your own risk and Sections 6.4, 7.6 and 11.2 apply. General feedback may be used without obligation.

12.4 If you believe content on our Website infringes your rights, contact devsupport@ark-dynamics.com.

13. Liability and indemnity

13.1 What we never limit. Nothing in these Terms excludes or limits our liability for: death or personal injury caused by our negligence or that of our employees, agents or subcontractors; fraud; damage caused by a defective Product under product-liability law, which cannot be excluded or limited against an injured person; breach of your Mandatory Local Rights, including the EU legal guarantee; or anything else the law does not allow us to exclude or limit.

13.2 Consumers. Subject to Section 13.1, and only to the extent your Mandatory Local Rights allow: we are responsible for loss or damage that is a foreseeable result of our breach of these Terms or of our failure to use reasonable care and skill, but not for loss that is not foreseeable; before dispatch our total liability to you is the amount you have paid; we are not liable for business losses, because the Product is sold for private use; and we are not liable for loss caused by your failure to follow the Safety Manual, the Installation Guide or these Terms, by use outside the rated limits, or by unauthorised modification. US consumers: Section 11.4 also applies.

13.3 Non-Consumer Buyers. Subject to Section 13.1: our total liability arising out of or in connection with these Terms is limited to the amount you paid for the Product, Software or Service giving rise to the claim; and we are not liable for loss of profit, revenue, business, contracts, goodwill or data, business interruption, or any indirect or consequential loss.

13.4 Indemnity. If you put the Product to Commercial Use, or you are a Non-Consumer Buyer, you will indemnify ARK, its affiliates, officers, employees and contractors against claims, losses and costs (including reasonable legal fees) arising from your breach of these Terms, Commercial Use, injury to or claims by any person you allowed to use or be near the Product, any modification or component not supplied or approved by ARK, or material you submitted — except to the extent caused by our own negligence or a defect in the Product. Consumers, to the extent your Mandatory Local Rights allow, will compensate ARK for losses directly caused by your unauthorised modification of the Product or Firmware, your bypassing of a safety interlock, or claims by a person you allowed to ride while you were in breach of these Terms; this does not apply to losses caused by our negligence or a defect in the Product.

13.5 We are not liable, subject to Section 13.1, for the acts of other users or for third-party games, platforms, plug-ins or hardware (Section 7.8). Each part of this Section is separate; if one part is unenforceable the others still apply.

14. Termination

14.1 By you. Close your Account at any time in the Software or by emailing devsupport@ark-dynamics.com.

14.2 By us. We may suspend or terminate your Account, or your Software and Services licence, with notice where practicable, if: you materially breach these Terms and do not fix it within 14 days of our notice — or immediately for Commercial Use or a breach of Section 9.7 that creates a safety risk; we must by law or on a regulator's or court's order; we reasonably suspect fraud or unlawful use; or we discontinue the Service — never, during the support period in Section 9.5, a Service needed to operate or update the Product unless a third-party provider, the law or insolvency forces it; otherwise with at least 12 months' notice for such a Service and 30 days for any other, or as much notice as we can where a shutdown is forced — and, for EU/EEA consumers, any refund the law requires.

14.3 Effect. Termination does not affect your ownership of the hardware, your Firmware licence for safe private operation, your warranty rights, or rights already accrued. We will not remotely disable Firmware, or the minimum Software functions needed to run a session safely, because of a termination; if we discontinue the Software, we keep a version that can run sessions available for the support period in Section 9.5. Section 9.4 is the only case in which the Firmware may prevent motion, and it is not a termination. Sections 6, 7, 8, 9.2, 10, 11, 12, 13, 16, 17 and 18 survive.

15. Changes to these Terms

15.1 Hardware terms are fixed. The version of these Terms, and any Offer Sheet, in force when we confirm your order governs that purchase, its delivery, cancellation, returns and warranty. We do not change those terms for a Product you have already bought.

15.2 Software, Services, Accounts and Website terms may change for valid reasons — law or regulation, safety or security, new or changed features, changes to our business or providers, or to correct errors. For material changes we give at least 30 days' notice by email to your Account or order address, and also in the Software or on the Website, stating what changes and when; changes required by law or urgently needed for safety may take effect sooner. If you do not agree, you may stop using the Software and Services and close your Account before the change takes effect; EU/EEA consumers may also terminate an affected digital service free of charge if the change materially and negatively affects them. Continuing to use the Software or Services after a change takes effect means you accept it. Changes never reduce the Firmware's safe operation of a Product you own, your warranty rights or your Mandatory Local Rights.

16. Governing law and disputes

Nothing in this Section prevents either of us from seeking urgent interim relief from a court to protect safety or intellectual property, or from reporting to a regulator.

17. Consumers in the EU/EEA and the UK — your rights

17.1 Legal guarantee (EU/EEA). If you are a Consumer in the EU or EEA you have a legal guarantee from ARKINEMATICS LIMITED, your seller, that the Product, including its Firmware, conforms to the contract, for at least 2 years from delivery; these Terms cannot shorten it. If the Product does not conform you may first choose repair or replacement, free of charge and within a reasonable time, unless the remedy you choose is impossible or disproportionately costly compared with the other, and — where the law of your country so provides under Directive (EU) 2024/1799 — we may repair rather than replace where repair costs no more than replacement; if that is not provided, fails, or the lack of conformity is serious, you may claim a proportionate price reduction or end the contract and be refunded. For the period set by the law of your country of residence, a lack of conformity that appears is presumed to have existed at delivery unless we show otherwise. Where the law of your country so provides, the guarantee is extended by 12 months after a repair. We must supply the updates, including security updates, needed to keep the Product in conformity for the period you can reasonably expect and never less than Section 9.5. A lack of conformity caused by your incorrect assembly or installation is treated as a lack of conformity of the Product only where it was due to a shortcoming in the Installation Guide. Where repair or replacement requires an installed Product to be removed and re-installed, we bear that cost. The ARK Limited Warranty in Section 11 is a commercial guarantee given by ARK Dynamics Global in addition to this legal guarantee; it does not affect the legal guarantee, which applies regardless and free of charge. Buying from a seller established outside the EU does not reduce this guarantee — it applies because we sell to your country.

17.2 Withdrawal. Section 5.2 gives you the 14-day right of withdrawal after delivery required by EU law, on the terms stated there. For Software, Services, a reservation or any other contract concluded online without delivery of goods, the 14 days run from the day the contract is made. Annex A is the model withdrawal form.

17.3 Delivery and risk. The time for delivery agreed with you is the Ready Window followed by the transit time stated in the shipping quote; if no Ready Window is stated, we will have your Product ready to ship within 30 days of the order confirmation. If we do not deliver within the agreed time, you may set a reasonable additional period and, if we still do not deliver, cancel for a full refund; if delivery by the agreed date was essential and you told us so, you may cancel at once. Sections 3.5 and 5.1 apply in addition. Risk passes as Section 4.4 states.

17.4 Data protection. For an order delivered in the EU/EEA, ARKINEMATICS LIMITED is your seller and the controller of your personal data under the GDPR; it is established in Cyprus. Where ARK Dynamics Global is the controller — orders delivered in the USA — ARKINEMATICS is its representative in the EU appointed under Article 27, and you may address any request or complaint to either. Safety-critical telemetry is processed on the basis of our legitimate interest in keeping the Product safe; you may object. Other telemetry needs your consent, which you can withdraw in the Software settings. Where your data is processed outside the EU/EEA — email delivery by Amazon Web Services (Amazon SES) and support by ARK Dynamics Global in the USA, or repair by our manufacturing partners in China — we use the safeguards described in the Privacy Policy. You have the rights of access, rectification, erasure, restriction, portability and objection, and may complain to the supervisory authority of the country where you live — or to the Commissioner for Personal Data Protection of the Republic of Cyprus, where our Article 27 representative is established.

17.5 Language and information. These Terms are provided in English. The Safety Manual and Installation Guide are supplied in the official language of the country the Product is shipped to, as machinery law requires. Our company details, and those of our EU representative, are in Sections 1.1 and 18.10; the pre-contractual information EU law requires — including that import VAT and customs duty are payable by you on delivery and cannot be calculated in advance (Section 3.2), and the direct cost of returning the Product to the United States (Section 5.2) — is given at checkout, in these Terms and in Annex A.

17.6 Outside the EU. Sections 17.1–17.3 state EU law; for delivery outside the EU your own country's mandatory rights apply instead where they differ. Import duties and taxes are not included in the Kit price for any destination except the USA (Section 4.3).

17.7 UK consumers. You buy from ARKINEMATICS LIMITED. Under the Consumer Rights Act 2015 the Product must be of satisfactory quality, fit for purpose and as described; you have a short-term right to reject faulty goods within 30 days and rights to repair, replacement, price reduction or a final right to reject after that; these rights are not affected by the ARK Limited Warranty. You have the 14-day cancellation right in Section 5.2 under the Consumer Contracts Regulations 2013, with notices addressed to ARKINEMATICS LIMITED and returns to the address we give you when you notify us. Section 16 (the row for Consumers outside the USA) applies; nothing in these Terms requires you to arbitrate or removes your UK statutory rights. Import VAT and duty are payable by you on delivery (Section 4.3).

17.8 Canada, Australia and other countries. You buy from ARKINEMATICS LIMITED and Section 16 (the row for Consumers outside the USA) applies subject to your Mandatory Local Rights; Australian consumers also have Section 11.5. We do not ship to Quebec until a French-language version of these Terms and the manuals is available.

18. General

18.1 Entire agreement. These Terms, your Offer Sheet (if any), your order confirmation, the Safety Manual, the Installation Guide, the Shipping Policy and the Privacy Policy are the whole agreement between you and ARK about their subject matter. This does not limit liability for fraud or any Mandatory Local Rights, including the pre-contractual information rights of EU/EEA consumers.

18.2 Severability. If any part of these Terms is invalid or unenforceable, it applies to the fullest extent permitted and the rest remains in force.

18.3 Transfer. Before dispatch you may transfer your order to another person by emailing us. After delivery, the Firmware licence passes with the Product under Section 9.1; the Limited Warranty does not (Section 11.1). We may transfer these Terms to an affiliate or to a buyer of our business, and will tell you; a transfer never reduces your rights.

18.4 Events beyond our control. We are not liable for delay or failure caused by events beyond our reasonable control — natural disaster, fire, flood or epidemic; war, terrorism or civil unrest; strikes; failure of utilities or telecommunications; acts of government; changes in tariffs, sanctions or export controls; supply-chain disruption including shortages, factory shutdowns, port closures or carrier failures affecting our manufacturing partners; customs delays. We will tell you promptly and do what we reasonably can to reduce the effect. Sections 4.1, 5.1 and 5.3 still apply, so a delay never traps your money.

18.5 Notices. Notices to you go to the email address on your Account or order. Notices to us go to devsupport@ark-dynamics.com or by post to your seller's address in Section 1.1. We may contract electronically, and electronic records satisfy any requirement for writing. If we do not enforce a right immediately, we can still enforce it later.

18.6 Language. These Terms are written in English; if we provide a translation, the English version controls to the extent the law allows.

18.7 Third-party rights. Except for ARK's affiliates and the persons indemnified in Section 13.4, no one other than you and ARK has rights under these Terms.

18.8 California. Under California Civil Code §1789.3, California users of the Services may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or (800) 952-5210. Nothing in these Terms restricts your right under California Civil Code §1670.8 to make statements about ARK or its products.

18.9 Interpretation. Headings are for convenience only; "including" means "including without limitation".

18.10 Company details. Your seller for orders delivered in the USA: ARK Dynamics Global — a Wyoming corporation, 762 E Browning Ave, Salt Lake City, Utah 84105, USA. Your seller for orders delivered in the EU/EEA and the rest of the world, our EU representative for product safety under Regulation (EU) 2023/988 Article 16 and for data protection under GDPR Article 27, and the manufacturer of the Product for EU product-safety purposes: ARKINEMATICS LIMITED, trading as ARK Dynamics — Cyprus company no. HE 436275, Korinthou 33, Agioi Trimithias 2671, Nicosia, Cyprus. Website: ark-dynamics.com. Support: devsupport@ark-dynamics.com. Legal notices: devsupport@ark-dynamics.com. Safety reports: devsupport@ark-dynamics.com. Commercial enquiries: devsupport@ark-dynamics.com.

Annex A — Model withdrawal form

Complete and return this form only if you wish to withdraw from the contract.

To your seller under Section 1.1. For an order delivered in the EU/EEA or anywhere outside the USA: ARKINEMATICS LIMITED (trading as ARK Dynamics), Korinthou 33, Agioi Trimithias 2671, Nicosia, Cyprus — devsupport@ark-dynamics.com. For an order delivered in the USA: ARK Dynamics Global, 762 E Browning Ave, Salt Lake City, Utah 84105, USA — devsupport@ark-dynamics.com.

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*) / for the provision of the following service (*):

Ordered on (*) / received on (*):

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only if this form is notified on paper):

Date:

(*) Delete as appropriate.

Annex B — Acknowledgement text

B.1 At checkout or on the Offer Sheet (each box unticked by default; log every acknowledgement with timestamp, order number and Terms version; the ARK Limited Warranty (Section 11) must be viewable before payment):

☐ I understand that the Product is delivered as a kit and is not a ready-to-use machine until I have assembled, anchored and commissioned it exactly as the Installation Guide describes, and that I am responsible for the assembly and for the seat, PC, display and floor I supply.

☐ I will read the Safety Manual and Installation Guide in full before assembly. I understand that incorrect assembly, use outside the rated limits, or any modification of the actuators, wiring, firmware or safety systems can cause serious injury or death.

☐ I will test the emergency stop before every session, never bypass a safety interlock, and not let anyone ride who is pregnant, under the influence, under the minimum rider age, or who has a heart, blood-pressure, back, neck, spine or joint condition, a recent surgery or injury, epilepsy or photosensitivity, a balance disorder or severe motion sickness that a doctor has not cleared, or who is tired, unwell or dizzy. A minor will ride only with a parent or legal guardian, or an adult authorised by one, present as Operator for the whole session.

☐ I will not use the Product to provide rides to the public or to paying users, or at a venue, without a separate Commercial Operator Agreement with ARK.

☐ I understand that shipping is not included and will be quoted when my Kit is ready, that I can cancel for a full refund at any time before dispatch — including if I don't accept the shipping quote — and that I am refunded automatically if my Kit has not shipped within 12 months after the Ready Window.

☐ I am at least 18 years old, I have been given the ARK Limited Warranty text, and I accept the ARK Dynamics Terms of Sale & Use.

B.2 Software first-run screen (show on first run, after every firmware update and on every new Account; no motion until all boxes are ticked): assembled and commissioned exactly per the Installation Guide · fasteners, mounts and anchors tight, cables secured · emergency stop connected, tested and within the rider's reach · keep-clear zone empty, children and pets out of the room · seat or cockpit rated for motion use and secured · rider within the rated limits and at least the minimum rider age, not pregnant, not under the influence, not tired or unwell, no uncleared medical condition · any rider under 18 supervised by a parent, guardian or authorised adult who has read the Safety Manual · firmware and safety interlocks unmodified · private use, not paying riders or the public · start short and low-intensity; stop at once if anyone feels unwell.