Development Kit
Evaluation Agreement.

The agreement

1. Who you are dealing with

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

Each supplier contracts only for itself and is responsible only for its own contracts: ARK Dynamics Global is not a party to, and is not liable under, a contract made by ARKINEMATICS, and ARKINEMATICS is not a party to, and is not liable under, a contract made by ARK Dynamics Global. This does not limit any liability that product-safety or product-liability law places on the manufacturer, importer or distributor of a Development Kit and does not allow to be limited.

1.2 This Agreement and acceptance. This Development Kit Evaluation Agreement ("these Terms") is the agreement under which ARK supplies the Development Kit — the development-kit hardware — and licenses you to use its Firmware and Software. You accept these Terms by ticking the acceptance boxes at checkout (Annex B.1) and placing your order, online or at an event, and also when you create an Account or install, launch or use the Software or Firmware. We record which version you accepted, each box you ticked and when. If you do not agree, do not order, install or use. The Terms are available at ark-dynamics.com/legal/terms/ to read, save and print before you order, and we email you a copy, or a link to the version you accepted, with your order confirmation.

1.3 Who these Terms are for. We supply the Development Kit only to professional recipients: developers, integrators and research partners — a company, school, institution or other organization taking the Kit for its own internal evaluation and development, or an individual taking it mainly for a trade, business, profession or research and not mainly for private or household use (each a "Professional Recipient"). The Kit is not a finished consumer product and is not offered for consumer sale. Where product-safety law treats it as a consumer product all the same (for example Canada's Consumer Product Safety Act or the U.S. Consumer Product Safety Act), that law applies to it (Section 11.7). In the USA, the Magnuson-Moss Warranty Act and state consumer-protection laws apply by their own terms, whatever the confirmation at checkout says, and Section 11.4 keeps your implied warranties, limited only in duration. In Australia, the confirmation does not change whether the Australian Consumer Law treats you as a consumer (Annex C). At checkout every recipient confirms that they take the Kit as a Professional Recipient (Annex B.1(h)). If you are not a Professional Recipient, do not order. We rely on that confirmation, on the business details you give us and on any business address, VAT or registration number you use; if what you told us was not true, we may cancel the order before dispatch and refund what you paid less any loss it causes us, and you are responsible for any further loss, to the extent the law allows. Where the law treats a recipient as a Consumer all the same, the rules these Terms give Consumers apply to that recipient; Sections 4.4, 4.5, 5.1, 5.2, 11.5, 13.2 and 16 and Annex C say where the rules differ. Nothing in these Terms permits Commercial Use by anyone (Section 8).

1.3A Business-only places. For delivery to the European Union, the United Kingdom, Norway, Iceland, Switzerland, Liechtenstein, Canada, the French overseas departments (Guadeloupe, French Guiana, Martinique, Mayotte, Réunion), Saint-Martin, the Åland Islands, Jersey, Guernsey, the Isle of Man, Gibraltar and Svalbard, we sell the Development Kit only to businesses and professional developers buying it for their trade, business or profession, and not mainly for private or household use. At checkout you confirm this and give your company or trading name, your business address and, where the checkout asks for it, your VAT, company, tax or business registration number: it is required for delivery in the United Kingdom, Jersey, Guernsey, the Isle of Man, Gibraltar, Norway and Svalbard, and optional elsewhere. Where you give a number, we may check it in the official register (in the EU, the VIES system). In Canada a business, including a sole proprietor, may order, except for delivery in Alberta, Saskatchewan, Nova Scotia and Yukon, where we sell only to a corporation, partnership or other organization that is not an individual or a sole proprietor, and in the Northwest Territories and Nunavut, where we sell only to a corporation; the order names it with its legal name. We may ask for proof before we accept or ship, and we decline or cancel an order that does not meet this Section; we refund what you paid less any loss a false statement in the order causes us, to the extent the law allows. If the law of your country treats you as a consumer all the same, your Mandatory Local Rights (Section 1.4) still apply.

1.4 Your local rights. Nothing in these Terms removes a right that cannot be excluded by contract and that applies to your contract despite the choice of law in Section 16.1, under the conflict-of-laws rules the court must apply ("Mandatory Local Rights"). Where a clause conflicts with them, the law wins to that extent and the rest of the clause still applies. Annex C states, country by country, the rules that differ from the main text; for the country it names, Annex C prevails.

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. The price and the Ready Window on your Offer Sheet apply to your order; everything else, refunds and any refund longstop included, is governed by these Terms. An Offer Sheet identifies the supplier for that order. Where an Offer Sheet names a supplier other than the one this Section gives for your delivery country — for example one issued before 14 September 2026 — we ask you to agree in writing that the supplier named in this Section takes over the order on the same terms and that the supplier on the Offer Sheet is released; until you agree, the supplier on the Offer Sheet remains your supplier for that order.

2. Definitions

2A. A Development Kit

2A.1 What you get. The PDK is a Development Kit: early-access hardware, software in active development. That is what you order, and it is how we describe it everywhere we supply it. The Kit price buys the Development Kit hardware and the license to use its Firmware and Software (Section 3.2).

2A.2 What that means. Before you order we tell you, and at checkout you expressly and separately accept with its own tick box (Annex B.1(g)), that: (a) the Software and Firmware are in active development: features described as in development may arrive later, change or be removed, and updates may change how the Development Kit moves and feels (Section 9.3); (b) the hardware is an early-access build: later batches may differ in parts, finish and design, and your Kit is not upgraded to match them; (c) the Kit is supplied for you to assemble, configure and tune (Section 6); it is not a finished, ready-to-play product; (d) game support depends on third-party titles, telemetry and plug-ins, and may change or stop (Section 7.8).

2A.3 Part of the description. You accept these characteristics as part of the description and the agreed quality of what you receive, and we supply the Kit on that basis; they are not defects. They do not cover a fault that makes the Development Kit unsafe, or that stops it moving within its stated movement limits, and they do not reduce your Mandatory Local Rights (Section 1.4) or our liability under Section 13.1. In the USA this Section describes the goods; it does not disclaim or modify any implied warranty, whose duration alone Section 11.4 limits.

3. Orders, prices and allocation

3.1 Your order. Your order is your development-kit request and an offer to take the Kit on these Terms. We accept it — and the agreement 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 any order before acceptance, for any reason or none (Section 3.1A), for example allocation, a pricing error, fraud, sanctions, export control, an order that does not meet Section 1.3 or 1.3A, or an order that appears to be for Commercial Use; and we may cancel an accepted order before dispatch if sanctions or export-control law forbids us to perform it; in either case we refund anything you paid, unless the law requires us to block or hold it. If you choose to pay by bank transfer, your order is held for you until the payment date shown on its payment page at ark-dynamics.com, which you reach by signing in to your Account or, if you ordered without one, through Find my order. We accept it, with the order confirmation, once your payment has arrived. If it has not arrived by that date, the order is canceled and nothing is owed. A payment that arrives later is refunded in full or, if we agree, used to reinstate the order.

3.1A Our right to refuse and refund. We may refuse any development-kit request or order, and we may cancel any accepted order at any time before dispatch, for any reason or none, by email; we refund everything you paid within 7 days. That refund ends all obligations of both sides on that order: we owe you nothing more for the refusal or the cancellation, and you owe us nothing for it. You have a matching right: you may cancel any order before dispatch under Section 5.1. We never refuse or cancel for a reason the law forbids. Where the law treats you as a Consumer in the EU, the EEA or the UK, we cancel an accepted order only if we cannot supply the Kit as ordered, the order does not meet Section 1.3 or 1.3A, or the law prevents us, and this does not limit your other legal rights. In Australia, Annex C sets when we may cancel.

We may limit the number of Development Kits per person, business, delivery address or payment card, and change that limit at any time. If an order, alone or with your other orders, goes over the limit, we may refuse it, or cancel the part over the limit at any time before dispatch, and we refund what you paid for that part in full within 7 days. Where this Section or Annex C limits when we may cancel an accepted order, those limits apply to a cancellation under this paragraph too.

3.2 Price. The Kit price covers the Development Kit hardware and the license to use its software, and nothing else. It is the development-kit price shown at checkout or on your Offer Sheet. You pay shipping, import duty, tariffs, VAT, GST or import VAT, customs and clearance fees, and any sales tax; we collect a tax on top of the price only where the law makes us collect it, and any tax we must collect is shown separately before you pay. Shipping is quoted separately when your Kit is ready (Section 4.2). For every destination, the USA and the EU included, you import the Kit and pay import duty, tariffs, import VAT or GST, taxes and customs clearance fees on delivery (Section 4.3). They are not in the Kit price. We cannot calculate them in advance: they are set by your country's rates and by your own customs authority, not by us. For the places named in Section 4.3 where we publish it, the import VAT rate is shown before you order. We tell you all of this before you order. Where the law treats you as a Consumer, you do not owe us a charge or cost we did not tell you about before you ordered. If we find a clear pricing error before dispatch, we will tell you and give you the choice of paying the correct price or canceling 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 stabilizer feet, wheelbase, steering wheel, button box, pedals — is listed there, on the development kits 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. If the law treats you as a Consumer and does not allow full payment in advance on these terms, you pay on the schedule that law allows instead. Payments are processed by our payment processor; its terms apply to the payment transaction. We do not store your card number. Where we offer it, you may instead pay by bank transfer to the supplier's own bank account. Its bank details are shown only on ark-dynamics.com, after you order, sign in to your Account, or prove your email address with Find my order; your payment reference is also on the pro-forma we email you; we never send or change bank details by email. Pay the amount shown, in the currency shown, with the reference shown; your bank's own charges are yours. Where a bank-transfer price is shown beside the card price, it applies only to an order paid by bank transfer by its payment date.

3.4A Payment disputes. If you, or your bank or card issuer at your request, reverse or dispute a payment you owe us, we may, after telling you by email, suspend your Account and your Software and Services license, and hold or stop dispatch, until the payment is restored or the dispute is resolved. If it is reversed before dispatch and not restored within 14 days, the order counts as canceled by you under Section 5.1. If the Development Kit was already delivered, you still owe the price and our reasonable, documented costs. Section 14.3 still applies. This does not limit your right to dispute a charge you did not authorise.

3.4B Billing errors and set-off. Tell us about any billing error within 90 days after the charge, so we can correct it; this does not shorten any period the law gives you to bring a claim. You may not withhold or set off any amount you owe us against a claim you have against us, except a claim we have admitted in writing or a court has finally decided. Professional Recipients only.

3.5 Allocation and Ready Window. Development kits are built to allocation for Professional Recipients; the expected Ready Window is stated in your order confirmation or Offer Sheet (standard 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 tell you with a revised estimate. For orders delivered in the USA: we ship your Kit (hand it to the carrier) no later than 30 days after the last day of your Ready Window (your Shipping Date); time during which shipment waits on you, such as an unpaid shipping quote, is added to it. If we learn that we cannot ship by the Shipping Date, we tell you before it passes, give you a definite revised shipping date or tell you that we cannot give one and why, and let you agree to the delay or cancel for a full refund. If the revised date is 30 days or less after the Shipping Date, you agree unless you cancel before we ship; if it is later, or we cannot give one, your order is canceled and fully refunded within 7 days unless you tell us within 30 days after the Shipping Date that you agree to wait; if you agree to wait without a date, you may still cancel for a full refund at any time before we ship; if we miss a revised date, we ask you again. Where your Mandatory Local Rights give you a stronger right on delay, that right applies instead. If we have not shipped within 12 months after the end of the Ready Window, we write to you and you choose a full refund or to keep waiting (Section 5.3). Your order confirmation also states the latest delivery date: the last day of the Ready Window plus 12 months. Timing is not of the essence of the contract, and a delay within this Section is not a breach.

3.6 Early reservation holders. A "SECURE YOUR GRID POSITION" reservation is a reservation of a place in the development-kit allocation. 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, the PDK + Extension Feet & Table or the PDK + ARK Ecosystem, and no other build unless we agree it in writing; they are invited to request ahead of later recipients, and their Kits are allocated first within the build they request, as far as allocation and logistics allow. Any reservation bought before this version of the Terms moves to these Terms when its holder orders a Kit or accepts them.

3.7 Custom Builds. We confirm the specification, price and build time in writing before starting; changes after that may change price and time. Once we confirm the specification, you may cancel a Custom Build only with our written agreement, except for delivery in Belgium, where you may cancel it at any time before dispatch; in either case we refund what you paid less the work done and the materials and third-party costs committed to it. Custom Builds cannot be returned after delivery; defects are dealt with under Section 11. A design you supply stays yours; you license us to use it, and to share it with our manufacturing partners, to build, test, support and repair your Custom Build. The engineering we create to realize it is ours and may be reused.

3.8 Duties and tariffs. Import duty, tariffs and taxes are yours to pay (Section 4.3), so a change in them never changes the price you pay us.

3.9 Sanctions and export control. You confirm that you, the recipient and anyone who will use the Kit are not named on, or owned or controlled by anyone named on, a US, EU, UK or UN sanctions list, and that you will not export, re-export or transfer the Kit, its Firmware or its Software to a country, region or person in breach of sanctions or export-control law. We may refuse or cancel an order, with a refund unless the law requires us to block or hold the payment, where performing it would breach those laws. You also confirm that the Development Kit, its Firmware and its Software will not be used in connection with chemical, biological or nuclear weapons, other nuclear explosive devices or missiles capable of delivering them, and will not be put to a military end use or supplied to a military end user as US export rules define them (15 C.F.R. Part 744), or to a military end-use for which EU or UK export-control law requires an authorisation, unless every licence or authorisation the law requires is in place and your supplier has agreed to that use in a separate written agreement. If we need it to check this Section, you will tell us on request who owns or controls the recipient, including anyone holding 25% or more of it. If you do not, and the law then does not let us perform the order, we may cancel it under Section 3.1, with a refund unless the law requires us to block or hold the payment.

4. Ready Window, shipping and delivery

4.1 Ready Window. Development Kits are made by our manufacturing partner in Shenzhen, China, and may ship from there or from a warehouse we use. The Ready Window in your order confirmation or Offer Sheet is our estimate of when your Kit will be ready to ship; Section 3.5 says what happens if we cannot meet it. Anyone may cancel before dispatch under Section 5.1.

4.2 Shipping quote. Shipping is not included in the Kit price. When your Kit 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 an estimated cost for delivery to the USA — about USD 500 by sea freight, with 40 to 60 days in transit — and for any other destination we give you a written estimate for your address on request before you order. The quote states the estimated transit time to your address. You have 14 days to accept and pay it, by card or, where we offer it, by bank transfer as in Section 3.4 (a bank-transfer price never applies to shipping); we dispatch after payment. If you do not accept it, you may cancel. You receive a full refund of everything paid if the law treats you as a Consumer in the EU, the EEA, the UK or Canada, or if your quote is more than 25% above the estimate the Shipping Policy showed for your destination, or more than 25% above a written estimate we gave you for your address before you ordered. Otherwise, canceling because you do not accept the quote is a cancellation under Section 5.1. Professional Recipients may instead collect, or send their own carrier to, our ship-from location. If you neither pay nor cancel within the 14 days, we remind you once; if we have had no response 30 days after the quote, we may cancel the order, and the refund is then worked out as it would be if you had canceled because you did not accept the quote. You may ask to change your delivery address before dispatch, and we may agree; if the change moves delivery to a country served by the other supplier, or changes the duty or tax basis, we re-quote, and canceling because you do not accept the new quote is a cancellation under Section 5.1.

4.3 Duties and taxes. "DAP" in this Section and in the Shipping Policy means only that you import the Kit and pay every import charge. Risk and title pass as Section 4.4 says, whatever an Incoterm would otherwise say.

As the importer you are responsible for the import formalities, any import licence or permit, and for giving customs and the carrier accurate information about yourself; we give you the commercial invoice for the shipment.

4.4 Risk and title. For Professional Recipients, risk of loss or damage passes when we hand the Development Kit to the carrier, and title passes at the same moment, so that the goods are yours when you clear them (Section 4.3). For Consumers, risk passes when you, or a person you nominate other than the carrier, take possession of the Development Kit; if you arrange your own carrier, when we hand it to that carrier. The transit insurance in your shipping quote covers loss or damage in transit: we claim under it and pass on to you what it pays, and for a Professional Recipient that is all we owe for transit loss or damage. Where the law treats you as a Consumer and the loss or damage happened before risk passed to you, we deal with it as that law requires.

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. Where the law treats you as a Consumer and risk had not passed to you, damage that occurred in transit is repaired, replaced or refunded at our cost; for a Professional Recipient it is claimed on the transit insurance (Section 4.4). Professional Recipients must note damage they can see on delivery on the carrier's document and report it, with photos, within 5 days of delivery, and report other damage or missing parts within a reasonable time after they find it and no later than 30 days after delivery; a Kit not reported in that time is accepted as delivered, except for a defect that could not be found on a reasonable inspection, which Section 11 covers. Reporting late does not remove a Consumer's legal rights but may make transit damage harder to show. A claim for a defect under Section 11 is not affected.

4.6 Registration. Register your Development Kit 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 Development Kit, the new holder first accepts the current Agreement (Section 9.1) and registers it. We may ask you to register the Development Kit before we handle a support claim.

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; where we cancel your order, or you cancel under the USA delay rules in Section 3.5 or under Section 5.3, we refund within 7 days; a payment by bank transfer is refunded to the account it came from, and we pay our own bank's charge for sending it. Custom Builds: Section 3.7 applies instead. Once the parts for your Kit are committed to a production batch, we email you a Production Notice. If you cancel after it, we may keep our unrecoverable cost for your Kit — parts and work already committed to it that we cannot reassign to another order, documented and listed for you — and refund the rest within 14 days. For a Professional Recipient that cost is not capped; where the law treats you as a Consumer it is capped at 25% of the Kit price. We keep nothing if you are a Consumer in the EU, the EEA or the UK; if you cancel under Section 3.2, under the USA delay rules in Section 3.5, under Section 5.3, or under Section 4.2 where it gives a full refund; or where the law where you live gives you a stronger right.

5.2 After delivery — where the law gives a right to withdraw. If the law treats you as a Consumer and your order is delivered in the EU, Norway, Iceland, Liechtenstein or the UK, you may withdraw 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 supplier's address in Section 1.1 before the 14 days end — you may use the model withdrawal form that Annex A points to but need not. If your order is delivered in the EU, you may also withdraw online with the function labeled "Withdraw from contract here" at ark-dynamics.com/withdraw/. Send the Development Kit back within 14 days of telling us, to the return address we give you when you notify us — it is in the United States; for a Kit supplied by ARKINEMATICS LIMITED it is the address of ARK Dynamics Global, which receives returned Kits on ARKINEMATICS LIMITED's behalf — packed in its carry cases. The carry cases are part of the Development Kit: keep them; if a case is missing or damaged, we deduct its value from the refund. You pay the direct cost of returning it; for a Kit delivered in the UK, which cannot be posted, that cost is estimated at about USD 800. We refund all payments received from you, including standard delivery costs, within 14 days of your notice; if you chose a more expensive delivery than our standard one, such as air freight, we refund delivery only up to the cost of the standard delivery; we may hold the refund until we receive the Development Kit or proof that you have sent it. You are liable only for any reduction in the Development Kit's value caused by handling beyond what is needed to establish its nature, characteristics and functioning. Riding sessions beyond a first check of its functions, modifying the Kit, or damaging parts in assembly 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.

5.2A After delivery — everyone else. Except as Section 5.2 provides, a delivered Development Kit cannot be returned because you changed your mind, except where the law gives you a right to cancel. A Development Kit that is faulty or not as ordered is dealt with under Section 11 and your legal rights, which this Section does not affect; damage in transit is dealt with as Sections 4.4 and 4.5 say.

5.3 Twelve months late. If we have not shipped your Development Kit within 12 months after the end of the Ready Window, we write to you and you choose: a full refund, or keep your order open. You may take the full refund at any time after that date. 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 Development Kits are dealt with under Section 11 and your legal rights, not under this Section; shipping costs are as Section 11.3 sets out.

5.5 Data. Before returning a Development Kit, remove personal data where the Software allows. We may reset returned Development Kits.

5.6 Professional Recipients may cancel under Section 5.1, where our unrecoverable cost after a Production Notice is not capped, and have no right of return after delivery; defects are dealt with under Section 11 (Section 11.6).

5.7 Items left with us. If you do not collect, or arrange and pay for the return of, an item we hold for you within 60 days after our email asking you to, we may charge the storage costs we actually incur. If it is still not collected 30 days after a second email that says what we will do, we may sell, recycle or dispose of it; we set any proceeds against storage costs and other sums you owe us and pay you any surplus.

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, or stand it on its extension feet on a floor that meets them; 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 Development Kit until every step is checked off.

6.3 What we owe for the parts we supply, the Firmware as supplied and the Installation Guide and Safety Manual is set out in Sections 11 and 13. 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 support commitment 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, except where the law treats you as a Consumer and the incorrect assembly resulted from a shortcoming in the Installation Guide. If your Development Kit is delivered in the USA, any alteration or modification after sale that changes the Development Kit's purpose, use, function or design is the fault of the person who made it, and, to the extent the law allows, we are not liable for injury or damage it causes.

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 rules for development-kit recipients

7.1 Read first. The Development Kit 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 Development Kit, 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 — 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. The safety information that binds you when you order is in these Terms and at ark-dynamics.com/safety/, for you to read before you order; the Safety Manual and the Installation Guide are published there, with their version and date, as soon as they are ready, and we never dispatch a Development Kit before both are published there and supplied with it. A duty or limit that the Safety Manual or the Installation Guide adds to these Terms binds you once it is published there and brought to your attention with your shipping quote, before you accept and pay it (Section 4.2); the version supplied with your Kit applies where it is stricter on how to assemble, operate and maintain the Development Kit; a later version changes only how to assemble, operate and maintain the Development Kit. 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 any floor 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.

7.3A Riding with a VR headset is allowed. A headset blocks your view of the room, so before every session make sure nobody, including children and pets, can enter the keep-clear zone or interfere with the platform, and that the mmWave presence radars are enabled.

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 (choosing among the intensity and gain settings the Software offers, within their limits, is not re-tuning; a new setting, motion profile or code that streams poses to the platform can cause sudden, violent movement and serious injury, so test it first at low intensity with no Rider on board), 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 Development Kit powered and unattended with a Rider on board; or (h) let anyone into the keep-clear zone during operation.

7.6A Warning labels. Keep every warning label on the Development Kit in place, clean and readable. If one is damaged, missing or unreadable, let no one ride until it is replaced; we supply a replacement label on request to devsupport@ark-dynamics.com.

7.6B Secure it when no one is riding. When no session is running, switch the Development Kit off, press its emergency stop, and keep the Kit, or the room it is in, secured so that no one you have not allowed to ride under Section 7.10B — including children, visitors, staff, contractors and anyone else — can climb on, power up or operate it. Never leave it powered and unattended. Failing to secure it is a breach of these Terms: you are responsible for anyone who rides or operates it because you did not secure it, and Section 13.4 applies to their claims as far as the law allows. This Section never makes you indemnify us against a claim by or for your own child or ward to the extent our negligence caused it, and it does not limit Section 13.1.

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 on a circuit rated for the load the Installation Guide states (3,000 W: a 16 A circuit at 230 V; in Switzerland a T23 or CEE 16 A socket, never a 10 A T13 socket), never through a travel adapter, extension lead or multi-socket strip; 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 Development Kit 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 may publish a compatibility list at ark-dynamics.com/support for reference only; it may be out of date.

7.9 Age. You must be at least 18, and at least the age of majority where you live, to order a Development Kit, hold an Account or accept these Terms. Riders must be at least 18 and have reached the age of majority where they ride and where they live (19 in British Columbia). The Development Kit is not supplied for use by children, and a minor may not ride it.

7.10 Your acknowledgment. By ordering, assembling, installing or operating a Development Kit, or allowing anyone else to ride, you confirm that: (a) you have read and understood this Section, and that you will read the Safety Manual and Installation Guide in full before you assemble or operate the Development Kit; (b) you understand that motion simulation carries inherent risks of injury that cannot be fully removed even when the Development Kit 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. Except as Section 7.10C provides, this does not limit our liability for death or personal injury caused by our negligence, or by a defective Development Kit, where the law says that liability cannot be limited (Section 13.1).

7.10A The risks you accept. Motion simulation has inherent risks — sudden movement, forces on the body, motion sickness, falls when getting on or off, and the risks in Section 7.4 — that remain even when the Development Kit works as designed and is used correctly. Serious injury can happen even when we and you use reasonable care. A Development Kit adds early-access risks: updates may change how it moves, and you assemble, configure and tune it yourself. You acknowledge these risks; when you ride you ride knowing them; and you tell every Rider you allow about them before they ride. Except as Section 7.10C provides, this does not cover harm caused by a defect in the Development Kit or by our negligence where the law does not allow that (Section 13.1).

7.10B Every Rider confirms. Before a new Rider's first session the Software, once it is released and installed on your Development Kit, shows the safety rules and the risks in 7.10A; until then, and whenever you drive the Development Kit without the Software, you show them to the Rider and obtain the Rider's confirmation in writing as Annex B.3 says. Either way the Rider confirms them and confirms they are at least 18 and have reached the age of majority (Section 7.9); where the Development Kit is in the USA or Canada, the Rider also gives the release in Annex B.3 for their own claims. Do not let anyone ride who has not. Except as Section 7.10C and Annex B.3 provide, this does not limit our liability for death or personal injury caused by our negligence or a defective Development Kit where the law does not allow that.

7.10C RELEASE OF NEGLIGENCE CLAIMS (USA, SWITZERLAND, THE UNITED KINGDOM AND CANADA). IF YOUR DEVELOPMENT KIT IS DELIVERED IN THE USA, OR YOU ARE A PROFESSIONAL RECIPIENT AND IT IS DELIVERED IN SWITZERLAND, THE UNITED KINGDOM OR CANADA: TO THE FULLEST EXTENT THE LAW ALLOWS, YOU RELEASE ARK DYNAMICS GLOBAL AND ARKINEMATICS, THEIR OFFICERS, EMPLOYEES AND CONTRACTORS FROM ALL CLAIMS FOR INJURY, DEATH OR PROPERTY DAMAGE THAT YOU SUFFER IN CONNECTION WITH THE DEVELOPMENT KIT, INCLUDING WHILE UNPACKING, MOVING, ASSEMBLING, INSTALLING, COMMISSIONING, INSPECTING, MAINTAINING, REPAIRING, RIDING, OPERATING OR BEING NEAR IT, THAT ARISE FROM OUR NEGLIGENCE, INCLUDING OUR ORDINARY NEGLIGENCE, OR, AS FAR AS THE LAW ALLOWS, FROM STRICT LIABILITY OR STRICT PRODUCTS LIABILITY FOR A DEFECT IN THE DESIGN, MANUFACTURE, WARNINGS OR INSTRUCTIONS OF THE DEVELOPMENT KIT. THIS RELEASE DOES NOT RELEASE OR LIMIT ANY IMPLIED WARRANTY. SERIOUS INJURY CAN HAPPEN EVEN WHEN WE AND YOU USE REASONABLE CARE. The release covers our negligence in support, advice, remote diagnostics, tuning profiles, the Software, the Services, updates and Safety Notices, even where another Section says we use reasonable care or are responsible for something: those Sections state what we do, and this release still applies to claims for negligence in doing it. You give this release knowingly and with its own tick box at checkout (Annex B.1(i)) or, for an order confirmed before this version, with its own tick box on the acceptance page under Section 15.4, in exchange for receiving a Development Kit on these Terms and at its price. It does not cover gross negligence, wilful misconduct or fraud, or anything that the law governing this Agreement under Section 16.1, or a law that applies to this release despite that choice (Section 1.4), does not allow to be released. To the extent the law allows, it binds you, your heirs, your estate, your personal representative and anyone who claims through you; it does not bind another Rider or a bystander who claims in their own right (Annex B.3 asks each Rider in the USA and Canada for their own release). Where the recipient is a business, the person who ticks this release at checkout gives it for themself as well as for the business. To the fullest extent the law allows, if you claim against anyone else for an injury, death or loss this release covers and that person claims contribution or indemnity from us, you reduce your claim against that person by our share of the fault. Sections 7.10, 7.10A, 7.10B and 13.2A apply subject to this release. Annex C sets out how far it reaches in each of these countries.

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 Development Kit, install an update, inspect or replace a part, or return the Development Kit. You must follow it. We supply at our cost the update or replacement parts a Safety Notice requires; you fit them as it instructs, and you pay to return any part or Development Kit it asks you to return, except where product-safety law, a recall order or, in Australia, the consumer guarantees of the Australian Consumer Law require us to pay. If it requires you to stop using the Development Kit, we repair, replace or refund it only where product-safety law, a recall order or, in Australia, the consumer guarantees of the Australian Consumer Law require that, and only as far as they require; where the law allows, a refund of a Development Kit 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 at once, and within 24 hours, of any injury, near-miss, structural or part failure, unexpected movement, fire or electrical event involving the Development Kit, whether or not it was connected to the Software, and keep the Development Kit and any failed part as they are until we have answered. Product-safety law gives us short deadlines to report incidents to the authorities — for example the U.S. Consumer Product Safety Commission, Health Canada, the Australian Competition and Consumer Commission, for an accident in the UK the Office for Product Safety and Standards or local Trading Standards, and, for an accident in the EU, the authority of the Member State where it happened; we make any report UK product-safety law requires of us — and we need your report to meet them and to protect other recipients. In Canada you import the Kit, so the Canada Consumer Product Safety Act may require you, as importer, to tell Health Canada of an incident within 2 days and in writing within 10 days, and to keep a record of who supplied the Kit and to whom you pass it on; tell us at once, and we make any report the law requires of us as seller.

7.13 Safety records. The Development Kit and, once it is released, the Software record safety events: emergency-stop tests, limit and interlock events, firmware changes and the first-run checklist (Annex B.2). If someone is hurt, these records may be used as evidence of how it happened. They are not the only evidence, and you may use your own.

7.14 Records you keep and show us. Keep a record of the name of every Rider and Operator you have allowed to use the Development Kit and the date each gave the confirmation in Section 7.10B, and nothing more about them; tell each of them that you keep it and may pass it to us, and that our Privacy Policy explains how we use it. After an incident reported under Section 7.12, or when a Safety Notice asks for them, send us within 7 days of our request that record, photos or a video of the installation as it stands, and the safety records in Section 7.13, using the Software's export function where it has one. When you send them, safety-critical data reaches us as it does with an incident report under Section 10.2. We use them only to investigate safety, to meet our reporting duties under product-safety law and to establish, exercise or defend legal claims, and we keep them as our Privacy Policy says. We never enter your premises without your agreement. If you do not send them, we may decline a support claim to the extent it depends on facts those records would have shown. This does not reduce your Mandatory Local Rights, including a Consumer's legal guarantee of conformity.

8. Evaluation and development use

8.1 The Kit is supplied and licensed to the recipient only for: evaluating the Development Kit, including playing approved games on it; developing, testing and tuning the Development Kit and its games and profiles; and the content and competitions Section 8.5 allows (together, the "Permitted Purposes"). Any other use, internal use by a Professional Recipient included, needs our written approval first, which we may give or refuse at our discretion. It is not supplied for resale; if you later pass it on, Sections 4.6 and 9.1 apply. You must not put it to Commercial Use, or allow anyone else to. Commercial Use is not licensed under these Terms, whoever you are. Research, training, teaching, assessment or simulation whose purpose is not directly related to improving the Development Kit is not allowed without our written approval first, even as internal use (Section 14.2C(c)). For a Development Kit delivered in Australia or Liechtenstein, we do not unreasonably withhold or delay the written approval this Section and Section 14.2C(c) require.

8.2 Commercial Use, and any use to entertain people, may make the Development Kit an amusement device under local law, with permit, licensing, inspection, insurance and operator-training duties, whether or not anyone pays. These Terms do not cover them and ARK does not accept them.

8.3 If the Development Kit is put to Commercial Use: the Software and Services license for it ends (Section 14.2) and the Firmware license continues only for the Permitted Purposes; the support commitment (Section 11) 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 Development Kit 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 Development Kit, and take part in online or in-person competitions, including for prize money. That is not Commercial Use.

8.6 Uses the Development Kit is not for. The Development Kit is not designed, qualified or approved for, and you must not rely on it for: (a) flight, driving or vehicle training that counts toward a licence, rating, type rating, currency or other regulatory credit; (b) medical, therapeutic, rehabilitation or diagnostic use; (c) military, defence, law-enforcement or weapons training or testing; (d) research or testing whose results depend on its motion cues having been validated against a real vehicle; or (e) use as part of a system on which the safety of other people, or of property or the environment outside the room the Development Kit is in, depends — for example a control, safety-monitoring or life-support system. Using it that way is a breach of these Terms: you do so at your own risk, Section 11 does not cover damage arising from that use, and Section 13.4 applies to claims arising from it. In the USA this Section describes the uses the Development Kit is supplied for; it does not disclaim or modify any implied warranty, whose duration alone Section 11.4 limits. This Section does not change Section 13.1 or your Mandatory Local Rights.

9. Firmware, Software, Accounts and Services

9.1 License. Subject to these Terms: (a) the Firmware is licensed to you, non-exclusively, for the life of the Development Kit it was supplied for, to operate that Development Kit for the Permitted Purposes (Section 8.1), 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 Development Kit. The Software is licensed to you for the Update Period in Section 9.5. When the Update Period ends, the Software and Services license ends unless we renew it; whether to renew, for how long and on what terms is our decision, and we tell you at least 30 days before it ends. Section 14.3 still applies after it ends. In Australia, the words "whether to renew, for how long and on what terms is our decision" do not apply. Firmware and Software are licensed, not sold. If you sell or give away the Development Kit, you must first have the new holder accept the current Agreement in the Software or at ark-dynamics.com; the Firmware license passes to them once they have accepted and you stop using it. Until they accept, neither the Firmware nor the Software is licensed to them, and the Software does not start a session on that Development Kit. If you hand the Development Kit over before they accept, you indemnify us, as the first paragraph of Section 13.4 provides, against claims arising from their use before they accept, to the extent caused by your breach of this Section. Accounts do not transfer.

9.1A Where the license applies. The Software and Services license covers use of the Development Kit in the country it was delivered to, and in any other country we agree to in writing. Development Kits for the European Union are supplied only by ARKINEMATICS LIMITED after review, and we do not supply Quebec or British Columbia, so moving the Development Kit to, or using it in, those places or any other place we do not supply is outside the license unless we agree in writing first. Short visits to trade shows and events are allowed if you tell us by email before. Section 14.3 still applies.

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 Development Kit; or circumvent license, security or safety controls. Open-source components and their licenses are listed in the Software's open-source notices; those licenses 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 14 days after we have told you of it and its consequences — or before your next session, where the Safety Notice or the Software says not to use the Development Kit until it is installed — we are not responsible for a fault that results only from the missing update, unless our installation instructions caused the problem. Where the law treats you as a Consumer and gives you a longer reasonable time, that time applies instead of 14 days.

9.4 Safety lock-out. If the Development Kit 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. A lock-out does not change your ownership of the hardware and is not a penalty.

9.4A Unauthorised firmware, software and modifications. If the Development Kit's controller or drives run firmware we did not supply or approve in writing, if software we did not supply sends motion commands to it other than through the interfaces our documentation describes, or if a safety control, limit, interlock or emergency stop has been modified, bypassed or circumvented, the Firmware or the Software may refuse to start a session (for a Development Kit supplied by ARKINEMATICS LIMITED, only for so long as a safety risk exists), at once or after a later update, until the Development Kit is restored. This is a safety measure under Section 9.4, not a termination. We may refuse warranty, repair, support and updates for any defect or damage caused by it. Subject to Section 13.1, we owe nothing for a refusal under this Section.

9.5 Update period. We provide the safety-critical updates the Development Kit needs for as long as we publish updates for the Kit, and in any case for as long as product-safety law requires, and security updates for as long as the law requires, which for a Development Kit delivered in the United Kingdom is the defined support period below (the "Update Period"). During the Update Period the Software functions needed to operate the Development Kit stay available without additional charge; if we end a Service needed to run a session, we make an offline session mode available where we can. Report security vulnerabilities to devsupport@ark-dynamics.com. For a Development Kit delivered in the United Kingdom, we acknowledge a security report within 5 working days and send the reporter a status update at least every 30 days until the issue is resolved. For a Development Kit delivered in the United Kingdom, our defined support period for security updates ends on 1 November 2028; we publish any later end date as soon as we set it and never shorten it. Security updates are provided under this Section only; the Support Period in Section 11.1 does not extend them. The order page shows this end date beside the price. 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. You do not need an Account to order. You can open one on its own, or when you order by ticking the box offered there; we then email you a code to confirm your email address. One Account per person; keep your information accurate and your credentials confidential; you are responsible for activity under your Account, to the extent the law allows; tell us at devsupport@ark-dynamics.com of any unauthorized use. You must be 18 or over to open an Account. Once you have proved your email address, orders you placed with it without an Account appear in your Account too. You can close it at any time from its settings; orders placed through it, and our records of them, are kept as our Privacy Policy says.

9.6A Your data and inactive Accounts. Keep your own copy of tuning profiles, session logs and any other data you value; we do not promise to keep it. When an Account ends, for any reason, you can export its data for 30 days; after that we may delete it, and subject to Section 13.1 we are not liable for that deletion. We may close an Account that has not been signed in to for 24 months, after telling you by email at least 30 days before. Closing an Account never affects Section 14.3.

9.7 Acceptable use. You must not: share license keys or Account access, or distribute the Firmware or Software separately from a Development Kit; use them unlawfully or in breach of these Terms; remove, disable or defeat any safety interlock, limit, emergency stop or lock-out; use the Development Kit 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 support claims for resulting damage being declined. Using parts or service from others does not by itself void the support commitment (Section 11.2). Your ownership of the hardware, and your right to repair your own Development Kit where the law protects it, are unaffected.

9.8 Software in active development. The Software and Firmware are in active development (Section 2A). We may add, change or remove features in updates. For a Professional Recipient in Belgium we do this only for a valid reason: safety, security, performance, compatibility or development of the Development Kit. Where the law treats you as a Consumer, we do this only for a valid reason (safety, security, performance or compatibility), at no extra cost to you, and we tell you before an update that changes a feature you use. Where the law treats you as a Consumer, Services are provided with reasonable care and skill. A fault in the Software or Firmware that stops the Development Kit operating as the documentation describes is a defect dealt with under Section 11. For any other fault in the Software or Services, to the extent the law allows, your remedies are repair or a workaround, at our option, or, if neither works within a reasonable time and the fault, or a feature we remove under this Section, substantially impairs a function listed for your build on the development kits page at delivery, a refund of the part of the Kit price that function represents, which we state in writing with our reasons (in the USA this does not limit any implied warranty that Sections 11.4 and 11.6 keep); EU/EEA consumers also have the legal guarantee for digital content and services, and nothing here reduces your Mandatory Local Rights. We do not promise that the Software or the Services will be uninterrupted, error-free or secure, or that we will correct any particular error, except as Sections 9.5 and 11 provide. Updates may change or remove features or settings and may erase data stored with the Software; before an update or the end of a Service that would erase it, we give you a reasonable chance to export it. Subject to Section 13.1, we are not liable for features, settings or data lost through an update or the end of a Service. Nothing in this Section limits your rights under Regulation (EU) 2023/2854.

10. Data and telemetry

10.1 What the Development Kit records. The Firmware and Software may record usage hours, session counts, actuator load and temperature, fault and error logs, emergency-stop events, firmware version and crash reports, on the Development Kit and on the PC running them. None of it is sent to us: it reaches us only when you send it to us, for example with a support claim or an incident report, and we use what you send for safety investigations, Safety Notices and recalls, and to diagnose faults, provide support, including service under Section 11, and comply with product-safety reporting duties. You agree that we may use the non-personal data you send us for those purposes. Before you order, Sections 10.1 to 10.3 are our information under Article 3(2) and (3) of the EU Data Act (Regulation (EU) 2023/2854); you may complain to the authority designated under Article 37 of that Regulation in your country if we do not meet them: the data listed above; for a Development Kit supplied in the EU, its format, estimated volume, whether it is generated continuously and in real time, and where it is stored are stated in your Offer Sheet before you order; it is kept for the period in Section 10.2; and you access, retrieve or ask us to erase it as Section 10.3 describes.

10.2 What you send us. Nothing the Development Kit or the Software records is sent to us automatically. Where the GDPR or the UK GDPR applies, you may object to our processing of what you send; we then stop unless we can show compelling legitimate grounds that override your interests (for example an open safety investigation into your Kit), or need it to establish, exercise or defend legal claims. We keep what you send us for 24 months, or longer where needed for a support claim under Section 11, safety investigation, legal claim or regulatory duty. If we believe a Development Kit may have a safety defect, we may use what we hold to identify and contact affected recipients and share it with product-safety authorities where the law requires.

10.3 Your access to Development Kit data. Where the EU Data Act applies to your Development Kit (a Kit placed on the market in the EU), you may access the data the Development Kit 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 where it has one, or by request to devsupport@ark-dynamics.com, free of charge, in a commonly used machine-readable format. Elsewhere you may use the Software's export function where it has one. Where the EU Data Act applies, we handle data protected as trade secrets as that Act provides; elsewhere we do not disclose our trade secrets. Sections 10.1 to 10.3 are also our information under Article 3(3) of the Data Act for the Software and Services: we use the data ourselves for the purposes in Section 10.1, and, where the EU Data Act applies, we let no third party use non-personal Development Kit data except our processors and, where the law requires, product-safety authorities.

10.4 Privacy. The controller of your personal data is the company that supplied your Kit under Section 1.1 — ARKINEMATICS LIMITED for orders delivered in the EU, ARK Dynamics Global for orders delivered in the USA and the rest of the world. Our Privacy Policy at ark-dynamics.com/legal/privacy/ explains what we collect, why, how long we keep it, who we share it with, international transfers and their safeguards, and your rights. Privacy contact: devsupport@ark-dynamics.com. In the EU/EEA, Section 10.5 also applies.

10.5 Data protection in the EU. For an order supplied by ARKINEMATICS LIMITED (Section 1.1), ARKINEMATICS is the controller of your personal data under the GDPR; it is established in Cyprus. Where ARK Dynamics Global supplies you, it is the controller and ARKINEMATICS is its representative in the EU appointed under Article 27, and you may address any request or complaint to either. Development Kit data reaches us only when you send it (Section 10.2), and is then processed for our legal product-safety duties and our legitimate interest in investigating safety issues and issuing Safety Notices; you may object. Where your data is processed outside the EU/EEA, 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, in the EU, to the Commissioner for Personal Data Protection of the Republic of Cyprus, where our EU Article 27 representative is established.

11. Support commitment

11.1 LIMITED WARRANTY (ARK SUPPORT COMMITMENT). Your supplier (the "Warrantor") commits to the original recipient that the Development Kit will be free from defects in design, materials and workmanship (in the USA: free from defects in materials and workmanship) under normal use for the Permitted Purposes or a use we approved in writing, in accordance with the Safety Manual and Installation Guide, for the period set out below for your delivery country (the "Support Period"). In the USA this commitment is a LIMITED WARRANTY. Covered components: all components of the Kit. This support commitment is not transferable. It is in addition to any right the law gives you that cannot be excluded. (a) USA, Canada and Australia: the ARK developer support commitment. If your Development Kit is delivered in the USA, Canada or Australia, the Support Period is 12 months from the day we dispatch the Development Kit (the date in our dispatch confirmation) and the commitment covers defects in design, materials and workmanship of the parts we supplied; in the USA it covers defects in materials and workmanship, and for a fault in their design we also send replacement parts as this Section says, as a service we give, not a promise that the design is free from defects. If a covered defect appears during the Support Period and you follow Section 11.3, we send you replacement parts at our cost; you pay to send a faulty part to us. If replacement parts do not put the covered defect right within a reasonable time, we repair the Development Kit, replace the defective part or Development Kit, or refund the price you paid, at our option. Repaired or replacement parts are covered for the remainder of the Support Period. (b) Every other destination. The Support Period is 24 months from the day we dispatch the Development Kit (the date in our dispatch confirmation). If a covered defect appears during the Support Period and you follow Section 11.3, we send you replacement parts at our cost; you pay to send a faulty part to us. If replacement parts do not put the covered defect right within a reasonable time, we repair the Development Kit, replace the defective part or Development Kit, or refund the price you paid, at our option. Repaired or replacement parts are covered for the remainder of the Support Period.

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 parts that wear in normal use; cosmetic damage that does not affect function; consumables; Development Kits supplied "as is" or refurbished except as stated when supplied; a Development Kit or part whose serial number or rating label has been removed, defaced or altered so that we cannot identify it as one we supplied or confirm its rating; a Development Kit reported to us, to the police or to a public registry as stolen, unless you show that you received it lawfully; and the early-access characteristics in Section 2A. In the USA, using third-party parts or services does not by itself void this support commitment; there 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 authorize a return we issue an RMA number; send the part, packed safely, to the return address we give you. If a whole Development Kit must be returned, we arrange the collection with a carrier at the carrier's charge to us, which we tell you before collection, and you pay that charge, as for a faulty part; you may instead send it with your own carrier. For a valid claim, we pay to send replacement parts and you pay to send the faulty part, or the whole Development Kit, to us, except where the law treats you as a Consumer and gives you a remedy free of charge; where repair or replacement requires an installed Development Kit 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. The Warrantor for the USA and the rest of the world is ARK Dynamics Global, 762 E Browning Ave, Salt Lake City, Utah 84105, USA, telephone +1 (517) 420-0185, email devsupport@ark-dynamics.com; for the EU, ARKINEMATICS LIMITED, Korinthou 33, Agioi Trimithias 2671, Nicosia, Cyprus, email devsupport@ark-dynamics.com.

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 Consumers. Where the law treats you as a Consumer, this support commitment is given in addition to your legal rights and does not affect them: in the EU/EEA the legal guarantee of conformity of at least 2 years from delivery, which applies regardless and free of charge; in the UK your rights under the Consumer Rights Act 2015. 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 support commitment are in addition to those rights; to claim, follow Section 11.3; under this support commitment you pay to send a faulty part, or the whole Development Kit, to us and we pay to send replacement parts to you, except where the Australian Consumer Law gives you a remedy free of charge (Annex C); the Warrantor is ARK Dynamics Global, 762 E Browning Ave, Salt Lake City, Utah 84105, USA, telephone +1 (517) 420-0185, email devsupport@ark-dynamics.com; to claim, email your order number, the fault and photos to that address.

11.6 Professional Recipients. Outside the USA and Australia, this support commitment is your sole remedy for defects, except where we fraudulently concealed a defect or gave a guarantee of a characteristic. IN THE USA THIS SUPPORT COMMITMENT IS GIVEN IN ADDITION TO YOUR IMPLIED WARRANTIES, WHICH ARE LIMITED IN DURATION TO THE SUPPORT PERIOD; SECTION 11.4 APPLIES AND NO IMPLIED WARRANTY IS EXCLUDED. OUTSIDE THE USA AND AUSTRALIA, 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 SUPPORT PERIOD. Nothing in this Section limits a guarantee that the Australian Consumer Law or other Mandatory Local Rights give a Professional Recipient.

11.7 Product-safety law. Nothing in these Terms limits our duties under product-safety law.

12. Intellectual property and your content

12.1 ARK Dynamics Global and ARKINEMATICS (together the "ARK Group") own, or hold licenses to, all intellectual property in the Development Kits, Firmware, Software, Website, Safety Manual, Installation Guide and related documentation and content. Receiving a Development Kit gives you title to the physical hardware and the license 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. A Development Kit supplied by ARK Dynamics Global is supplied and presented as produced by ARK Dynamics Global alone; ARKINEMATICS does not supply it and does not present itself as its producer. 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 Development Kit 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, perpetual and irrevocable license 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 behavior. 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. Ideas, suggestions, comments and feedback about the Development Kit, the Firmware, the Software or ARK — other than designs or code you submit under the first part of this Section — are not confidential. To the extent the law allows, you grant ARK a perpetual, irrevocable, worldwide, royalty-free license, under any rights you have in them, to use, share and build on them for any purpose, without payment, credit or any other obligation to you, and you waive any right to be named as their author. Despite the first sentence of this Section, physical items you send us that we did not ask for — other than a part or Development Kit returned under Section 11.3 or a Safety Notice — become ARK's, to the extent they are yours to give, and we do not have to return them, unless we agreed in writing to return them.

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: (a) death or personal injury caused by our negligence or that of our employees, agents or subcontractors, except as far as Section 7.10C releases it where that Section applies and the law allows; (b) fraud or fraudulent misrepresentation, or a defect we fraudulently concealed; (c) wilful misconduct or gross negligence; (d) liability under product-liability law for a defective Development Kit, to the extent that law does not allow it to be excluded or limited; (e) a guarantee of a characteristic that we have expressly given; (f) breach of your Mandatory Local Rights, including the EU legal guarantee; or (g) 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; 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 unauthorized modification. US consumers: Sections 11.4 and 13.2A also apply.

13.2A USA. If your Development Kit is delivered in the USA, then, subject to Section 13.1: (a) our total liability to you for all claims arising out of or relating to a Development Kit, these Terms, the Software or the Services is limited to the amount you paid us for the Development Kit (or, if you use the Software or the Services without a Development Kit, the amount you paid for them in the 12 months before the claim); and (b) we are not liable for incidental, consequential, special, indirect, exemplary or punitive damages, lost profits, lost data or the cost of substitute goods. This does not limit our liability for death or personal injury (except as far as Section 7.10C releases it), for fraud, gross negligence or wilful misconduct, or for anything else that the law governing this Agreement under Section 16.1, or a law that applies despite that choice (Section 1.4), does not allow us to limit. Each limit in this Section stands apart from the remedies in Section 11 and, where the law allows, applies even if one of those remedies fails; it does not limit our liability where the law says it cannot because we have not performed the support commitment. Some states do not allow these limits, so they may not apply to you.

13.2B Switzerland. If your Development Kit is delivered in Switzerland and you are a Professional Recipient, then, subject to Section 13.1, our total liability to you for all claims arising out of a Development Kit, these Terms, the Software or the Services is limited to the amount you paid for the Development Kit, and we are not liable for loss of profit, revenue, business, contracts, goodwill or data, business interruption, or any indirect or consequential loss. This does not apply to liability for unlawful intent or gross negligence, to a defect we fraudulently concealed, or to liability under the Product Liability Act that it does not allow to be limited. For a Professional Recipient in Switzerland, this Section and Section 13.3 say the same; where they could differ, this Section applies.

13.3 Professional Recipients. Subject to Section 13.1 and Annex C: our total liability arising out of or in connection with these Terms is limited to the amount you paid for the Development Kit, 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. This Section does not limit our liability for failing to make Development Kit data available to you under Section 10.3 where the EU Data Act does not allow that limit.

13.3A Software, Services and Accounts. Subject to Section 13.1, our total liability for all claims about the Software, the Services, Accounts, updates or data, including their availability, errors, loss of data, removed features and the end or suspension of a license or Account, is limited to US$100 in total. This does not apply to a fault that stops the Development Kit operating as the documentation describes (Section 11), or to a refund under Section 14.2B. For a Development Kit supplied by ARKINEMATICS LIMITED, the limit in this Section applies only to ordinary negligence and is the damage typically foreseeable for this kind of contract, in place of US$100. In Australia, the US$100 limit applies only where you are not a consumer under the Australian Consumer Law and the contract is not a small business contract; otherwise the limit is the price you paid for the affected Software or Services. Where the Unfair Contract Terms Act 1977 applies and this limit is not reasonable, the limit is the amount you paid for the Development Kit.

13.4 Indemnity. If you put the Development Kit to Commercial Use, or you are a Professional Recipient, 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, the Safety Manual or the Installation Guide; Commercial Use; a claim by a Rider, Operator, employee, visitor or bystander you allowed to use or be near the Development Kit, to the extent the claim is caused by your breach of these Terms or your negligence; any modification or component not supplied or approved by ARK; or material you submitted. Except as the paragraph in capitals below provides, this indemnity never covers loss to the extent it is caused by our own negligence or a defect in the Development Kit, and it never limits what an injured person may claim from us. Consumers, to the extent your Mandatory Local Rights allow, will compensate ARK for losses directly caused by your unauthorized modification of the Development Kit or Firmware, your bypassing of a safety interlock, or claims by a person you allowed to ride, to the extent your breach of Section 6 or 7 caused that person's loss; this does not apply to losses caused by our negligence or a defect in the Development Kit. If your Development Kit is delivered in the USA or Australia, or in Switzerland, the UK or Canada and you are a Professional Recipient, you will also indemnify ARK against claims by any Rider or bystander, and any claim arising from a modification or a part not supplied or approved by ARK, to the extent they are caused by your breach of Section 6 or 7 — for example letting someone ride who must not under Section 7.4, or letting people into the keep-clear zone — and never to the extent caused by a defect in the design, manufacture, instructions, warnings or marketing of the Development Kit or by our negligence. No part of this Section requires you to indemnify, hold harmless or defend ARK against a claim for injury or death that a defect in the design or manufacture of the Development Kit caused, in whole or in part (in Utah, Utah Code 78B-6-707), except as the Canada sentence after the paragraph in capitals provides; for those claims, fault is shared under the comparative-fault law that applies. IF YOU ARE A PROFESSIONAL RECIPIENT AND YOUR DEVELOPMENT KIT IS DELIVERED IN THE USA, SWITZERLAND, THE UNITED KINGDOM OR CANADA, YOU ALSO INDEMNIFY AND DEFEND ARK DYNAMICS GLOBAL AND ARKINEMATICS AGAINST ANY CLAIM BY A RIDER, VISITOR OR BYSTANDER, OTHER THAN YOURSELF, WHOM YOU ALLOWED TO USE OR BE NEAR THE DEVELOPMENT KIT, OR WHO USED IT BECAUSE YOU DID NOT SECURE IT AS SECTION 7.6B REQUIRES, EVEN WHERE THE CLAIM SAYS THAT OUR OWN NEGLIGENCE, INCLUDING OUR ORDINARY NEGLIGENCE, CAUSED OR CONTRIBUTED TO THE INJURY OR LOSS. THIS DOES NOT COVER OUR GROSS NEGLIGENCE, WILFUL MISCONDUCT OR FRAUD; INJURY OR DEATH THAT A DEFECT IN THE DESIGN OR MANUFACTURE OF THE DEVELOPMENT KIT CAUSED; A CLAIM BY OR FOR YOUR OWN CHILD OR WARD; OR, IN CALIFORNIA, OUR OWN VIOLATION OF LAW. IT NEVER REDUCES WHAT THE INJURED PERSON MAY CLAIM FROM US: IT DECIDES ONLY WHICH OF US BEARS THAT CLAIM. YOU ACCEPT IT WITH ITS OWN TICK BOX AT CHECKOUT (ANNEX B.1(k)) OR, FOR AN ORDER CONFIRMED BEFORE THIS VERSION, WITH ITS OWN TICK BOX ON THE ACCEPTANCE PAGE UNDER SECTION 15.4. This paragraph does not apply in Australia or the EU, where the earlier sentences of this Section apply. IN CANADA, WHETHER A DEFECT IN THE DESIGN OR MANUFACTURE OF THE DEVELOPMENT KIT CAUSED AN INJURY OR DEATH IS DECIDED BY A COURT'S FINDING, NOT BY WHAT THE CLAIM SAYS: UNTIL A COURT SO FINDS, YOU DEFEND THE CLAIM, AND WE REPAY YOUR REASONABLE DEFENCE COSTS FOR ANY PART OF IT A COURT FINDS A DEFECT CAUSED. Tell us promptly in writing of any claim you must indemnify us against under this Section. We may take over the defence of that claim with counsel of our choice; you will cooperate, and the reasonable cost of that defence is part of what you indemnify. You must not settle or compromise such a claim in a way that admits fault for ARK Dynamics Global or ARKINEMATICS, binds either of them, or leaves either exposed to liability, without your supplier's prior written consent. This paragraph does not apply where the law treats you as a Consumer. This Section covers claims brought by third parties; it is not a promise to pay our costs in a dispute between you and us.

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, and each country rule in Annex C, is separate; if one part is unenforceable the others still apply.

13.6 Time limit for Professional Recipients outside the USA. Where the law allows, a Professional Recipient must bring a claim for a defect within one year after the defect was, or should have been, discovered, and in any case no later than one year after the Support Period in Section 11.1 that applies to the order ends, and any other claim under these Terms within 12 months after the day it arose. This does not apply to the claims in Section 13.1(a) to (e), or where we fraudulently concealed a defect. The USA has its own time limit (Section 16.4).

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 license, with notice where practicable, if: you materially breach these Terms (where the law treats you as a Consumer and the breach can be fixed, only if you 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 (Section 9.5 says what stays available during the Update Period) — and, for EU/EEA consumers, any refund the law requires. We may also suspend your Account or your Software and Services license, with notice where practicable, while we look into a reasonable, documented suspicion that you have breached Section 7, 8 or 9, or where suspension is reasonably necessary to protect Riders, other users, the Services or ARK from harm or legal liability. A suspension may follow the Development Kit's serial number. We review it promptly and lift it once the concern is resolved. Section 14.3 still applies; we owe no compensation for a suspension made in good faith on reasonable grounds.

14.2A Automatic end of the Software and Services license. Your Software and Services license ends automatically, without notice, if you: (a) bypass, disable or defeat a safety interlock, limit, emergency stop or lock-out; (b) put the Development Kit to Commercial Use; (c) share license keys or Account access, or distribute the Firmware or Software separately from a Development Kit; or (d) copy, modify, reverse engineer or decompile the Firmware or Software beyond what Section 9.2 and the law allow. We tell you, by email or in the Software, once we know it has ended and why. We restore it once you have fixed the breach and accepted these Terms again in the Software. Section 14.3 still applies: we never remotely disable the Firmware or the minimum Software functions needed to run a session safely, and your ownership of the hardware is unaffected. We owe no compensation, refund or damages for ending, suspending or not restoring a license under this Section, or under Section 14.2 because of your breach; this does not apply where we ended it in error, where Section 13 applies, or to a refund the law requires for a Consumer. Nothing in this Section restricts what the law lets you do with the Firmware or Software, including decompiling it for interoperability in the EU and the EEA.

14.2B Ending the license for any other reason. We may also end your Software and Services license, or close your Account, for any other reason we choose, by telling you by email or in the Software at least 30 days before it ends. If we end it under this Section while you are not in breach, we refund 10% of the Kit price, reduced in proportion to the part of the Update Period that has passed; we owe nothing else. We use this right in good faith. Section 14.3 still applies. This Section does not apply in Australia or to a Development Kit supplied by ARKINEMATICS LIMITED.

14.2C Named grounds. We may also suspend or end your Software and Services license, or your Account, at once, if you, or anyone you let use the Development Kit: (a) unapproved games: uses it with a game that is not approved; (b) unlicensed games: uses it with a pirated or otherwise unlicensed copy of a game; (c) use beyond improving the Development Kit: uses it, without our written approval first, for any research, training, teaching, assessment or simulation whose purpose is not directly related to improving the Development Kit, internal use included (for example, a horse-riding simulator used to train riders); tuning, testing and developing the Development Kit and its games and profiles need no approval; a study with people, classroom teaching and research for anyone else always need our written research license; (d) unapproved software: runs software with it that is not approved; (e) unapproved accessories: fits or connects an accessory to it that is not approved; (f) dangerous behaviour: operates the Development Kit outside the Safety Manual or the rated limits it states, or puts a Rider or anyone nearby at risk; (g) disruptive behaviour: threatens, harasses or abuses us, our staff, our partners or our community, or tries to disrupt the Services; (h) unsafe firmware or software for others: makes, shares or offers firmware or software that defeats a safety control, limit, interlock or emergency stop; (i) labels and serial number: removes, covers or alters a safety label, a rating label or the serial number; (j) Riders who must not ride: lets anyone under 18, or anyone the Safety Manual says must not ride, ride the Development Kit; (k) safety updates and Safety Notices: does not install a safety-critical update within the time Section 9.3 sets, or does not follow a Safety Notice; (l) damage or a fault: uses the Development Kit after damage, a fault or an unusual event before it has been inspected as Section 7.7 and the Safety Manual say; (m) false declaration: gave a false declaration or false details at order, including about professional or business status or the delivery country; (n) places we do not supply: moves the Development Kit to, or uses it in, a place outside Section 9.1A without our written approval; (o) transfer: sells, lends or transfers the Development Kit, the license or an Account other than as Section 9.1 allows; (p) sanctions: exports or supplies the Development Kit, the Firmware or the Software to a sanctioned person or place, or in breach of export-control law; (q) payment: does not pay an amount due to us, or reverses or disputes a payment as Section 3.4A describes; or (r) any other use of the same kind: uses the Development Kit, the Firmware or the Software outside the license in Sections 8.1, 9.1 and 9.1A. "Approved" means listed as supported in our documentation, or approved by us in writing; software that connects through the interfaces our documentation describes, such as FlyPT Mover and SimHub, is approved. We tell you by email or in the Software once we have acted, and why. We owe no compensation, refund or damages for a suspension or end under this Section, except where we acted in error, where Section 13 applies, or for a refund the law requires for a Consumer. Section 14.3 still applies. For a Development Kit supplied by ARKINEMATICS LIMITED, before we end the license on ground (a), (d), (n) or (r), on the first part of ground (c), or on ground (g) for abuse alone, we email you the ground and what to stop or fix and give you 14 days to do so or to ask for our written approval, and we end it only if you have not; on ground (q) we end it only after the email and 14 days that Section 3.4A describes; we may suspend at once on any ground; and we do not unreasonably withhold or delay the written approval that ground (c) and Section 8.1 require. In Australia, on ground (a), (c), (n) or (r) we act only after telling you by email and giving you 14 days from that notice to put it right; if it is not put right within those 14 days, cannot be put right, or happens again within 12 months, we may act at once. In Liechtenstein, on ground (q) for an amount other than a reversed or disputed payment, we first remind you by email, naming the amount, and give you 14 days to pay; we may suspend at once in the meantime and end the license only if the 14 days pass unpaid. In Liechtenstein, on ground (c) or (r), we first email you the use and what to stop; we may suspend at once in the meantime, and we end the license only if, within 14 days of that email, you have neither stopped it nor asked for our written approval.

14.3 Effect. Termination does not affect your ownership of the hardware, your Firmware license for safe operation, your rights under Section 11, 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 Update 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 and Annex C survive.

15. Changes to these Terms

15.1 Your order's version. The version of these Terms, and any Offer Sheet, in force when we confirm your order governs that order, its delivery, cancellation, returns and support commitment, until you accept a later version under Section 15.4 or 15.5. We never change those terms for your order without your acceptance.

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 tell you in advance, by email or in the Software, what changes and when (where the law treats you as a Consumer, by email and reasonably in advance); changes required by law or urgently needed for safety may take effect at once. 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 your rights under Section 11 or your Mandatory Local Rights.

15.3 New versions. We may publish a new version of these Terms at any time, with its version number and date at the top of this page. It applies to every order we confirm after it is published, and every earlier order moves to it when its recipient accepts it (Sections 15.4 and 15.5).

15.4 Terms at dispatch. Every order, whatever version it was confirmed under, moves to the version of these Terms in force at dispatch: with your shipping quote we ask you to accept it. Until you accept, your order is governed by the version it was confirmed under (Section 17.1). Our request says why the Terms changed and tells you, clause by clause, what changes for your order, including any right your order confirmation gave you that the current version does not, such as a lower cap on what we keep after a Production Notice. If you do not accept it within 14 days of our request, we cancel your order and refund everything you paid; that refund is all we owe you for the cancellation, except where the law gives you more. Where the law treats you as a Consumer and does not allow this, your order instead continues under the version it was confirmed under. If you accept the current version under this Section, your earlier order contract is rescinded and replaced by a new contract under the current version, at the same price, with everything you paid credited to it.

15.5 New versions after delivery. When we publish a new version, we ask the account holder of a delivered Development Kit to accept it, by email or on the account page until the Software is released, then in the Software. Acceptance applies the new version to that Kit from then on and changes nothing that happened before. Until it is accepted, the Kit stays under the version accepted last, and the Software, Services and Account terms change only as Section 15.2 allows. Safety Notices (Section 7.11) and safety-critical and security updates (Section 9.5) never depend on accepting. Software features released after a new version may be offered only to recipients who have accepted it.

16. Governing law and disputes

16.1 Governing law. A contract with ARK Dynamics Global, and every claim between you and ARK Dynamics Global arising out of or relating to it or to the Development Kit, its advertising, offer or sale, whether in contract, in tort or under statute, is governed by the laws of the State of Utah, USA; a contract with ARKINEMATICS, and every such claim between you and ARKINEMATICS, is governed by the laws of the Republic of Cyprus; in each case without regard to conflict-of-laws rules that would apply another law. For a Consumer, that choice cannot take away the protection of the mandatory consumer law of the country where the Consumer lives, and it does not: where the two differ, the Consumer's own law wins to that extent.

16.2 No Sales Convention. The United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980) does not apply to these Terms or to any order under them. Nor does the Uniform Computer Information Transactions Act in any form.

16.3 Courts. (a) Professional Recipients: the state and federal courts located in Salt Lake County, Utah, have exclusive jurisdiction over any dispute arising out of or in connection with a contract with ARK Dynamics Global, and the courts of Nicosia, Cyprus, have exclusive jurisdiction over any dispute arising out of or in connection with a contract with ARKINEMATICS. You agree to these courts by accepting these Terms electronically; that record is our written agreement on jurisdiction. (b) Consumers: where the law of the place where you live gives you that right (as it does in the EU), you may bring a claim in its courts, including the small-claims court, and we bring a claim against you only where that law allows; otherwise Section 16.3(a) applies to you as well. In the USA you may also bring a claim in the courts of Salt Lake County, Utah. (c) 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. No arbitration is required under these Terms.

16.4 Time limit in the USA. If your Development Kit is delivered in the USA, any claim for breach of warranty or of these Terms must be brought within one year after it arises (two years if it is delivered in Texas), except where the law of your state does not allow a shorter period, as in Florida and Massachusetts, where your state's own period applies. Claims for injury are not shortened by this sentence.

16.5 Before a claim. We ask you to email devsupport@ark-dynamics.com with your order number and what you want before starting a claim, so we can try to resolve it with you within 60 days; this is not a condition of your bringing a claim. Where the law sets a time for answering a Consumer's complaint (for example 14 days in Poland), we answer within it. We are not committed to, and not obliged to, use an alternative dispute-resolution entity for consumer disputes; consumers may contact the consumer authority in their own country, and consumers whose order is delivered in the EU may also contact the Consumer Protection Service of the Cyprus Ministry of Energy, Commerce and Industry.

17. Orders confirmed before 1 November 2026

17.1 Earlier orders. An order confirmed before 1 November 2026 moves to these Terms when its buyer accepts them before dispatch (Section 15.4). Until then it stays under the version it was confirmed under. A buyer who does not accept within 14 days of the shipping quote is cancelled with a full refund (in Australia, as Annex C says). Version 1.6, effective 29 October 2026, and versions 1.7 and 1.8 of this Agreement, effective 31 October 2026, stay published; a copy of the version recorded with your order confirmation is available from devsupport@ark-dynamics.com.

17.3 Mandatory Local Rights. Wherever the law treats a recipient as a Consumer, that recipient keeps every Mandatory Local Right (Section 1.4); nothing in these Terms reduces them.

17.4 Quebec and British Columbia. We do not take orders from anyone resident in Quebec or British Columbia, or from a business established there, whatever the delivery address, and we do not deliver to either province. At checkout you confirm that you are not resident or established there; an order placed in breach of this Section may be canceled with a full refund. An order confirmed before 31 October 2026 for delivery in either province is dealt with under Section 17.1. We do not deliver a Development Kit for use in British Columbia. If you accept these Terms for an earlier order (Section 17.1), you give us a delivery address outside British Columbia and Quebec; otherwise it is canceled with a full refund.

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. You confirm that you have not relied on any statement, description or promise that is not in them; product pages, the FAQ, videos, social media and other marketing describe the Development Kit and are not separate promises. The figures and compatibility statements published for each build describe ARK's reference build at delivery; game and console support depends on third parties and may change after delivery (Sections 2A.2(d) and 7.8). If your Kit, assembled and commissioned as the Installation Guide describes, does not conform to them at delivery, that is a covered defect under Section 11: the remedies in Section 11 are your only remedies for it, and Sections 13.2A and 13.3 apply; in the USA this does not limit any implied warranty, or the remedies the law gives for its breach, that Sections 11.4 and 11.6 keep. This does not limit liability for fraud or any Mandatory Local Rights, including the pre-contractual information rights of EU/EEA consumers. When you accept this version under Section 15.4, it replaces any cancellation, withdrawal, return or retention term in your earlier order confirmation.

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 ask us to transfer your order to another Professional Recipient; we may agree or refuse, and the new recipient must accept these Terms and, in a place listed in Section 1.3A, give the business details it requires. After delivery, the Firmware license passes with the Development Kit under Section 9.1; the support commitment does not (Section 11.1). We may transfer these Terms to an affiliate or to a buyer of our business; where the law treats you as a Consumer, a transfer does not reduce your guarantees without your agreement.

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. Sections 4.1, 5.1 and 5.3 still apply.

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 supplier'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. You confirm that you understand English, or have had these Terms explained to you, before you accept them.

18.7 Third-party rights. Except for ARK's affiliates and the persons indemnified in Section 13.4 or released in Section 7.10C, no one other than you and ARK has rights under these Terms. This does not limit any warranty that the law extends to a member of your family or household, a guest or an employee (for example Florida Statutes section 672.318).

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. The supplier for California is ARK Dynamics Global, 762 E Browning Ave, Salt Lake City, Utah 84105, USA, +1 (517) 420-0185, devsupport@ark-dynamics.com. 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". The Key points summary and any summary at checkout or in an email describe these Terms; where they differ, these Terms decide.

18.9A Basis of the bargain. The Kit price reflects the allocation of risk in Sections 2A, 6, 7, 11, 13 and 14; those limits are reasonable between professional parties, and we would not supply the Development Kit at that price without them. You had the opportunity to read these Terms before ordering, and, where the law allows, they are not to be interpreted against us because we wrote them. For a Development Kit supplied by ARKINEMATICS LIMITED, the second sentence of this Section does not apply. Professional Recipients only.

18.10 Online ordering between businesses. Where you are a Professional Recipient, the information and order-confirmation rules that the law lets parties who are not consumers agree away apply only as these Terms and the checkout provide.

18.11 Company details. Your supplier for orders delivered in the USA and the rest of the world: ARK Dynamics Global — a Wyoming corporation, 762 E Browning Ave, Salt Lake City, Utah 84105, USA. Your supplier for orders delivered in the EU (EU development kits are requested by email to devsupport@ark-dynamics.com; each request is reviewed) and our EU representative for data protection under GDPR Article 27: ARKINEMATICS LIMITED, trading as ARK Dynamics — Cyprus company no. HE 436275, VAT no. CY60093070X, Korinthou 33, Agioi Trimithias 2671, Nicosia, Cyprus. Website: ark-dynamics.com. Support, legal notices, safety reports and commercial enquiries: devsupport@ark-dynamics.com.

18.12 Who can change these Terms. No one at ARK — employee, contractor, distributor, community moderator or event staff — has authority to change these Terms, waive any part of them, or give a warranty or promise on ARK's behalf, by email, chat, phone, Discord, social media or in person. These Terms change only by a new version under Section 15, or by a written amendment that refers to these Terms and is signed by a director or officer of your supplier. This does not affect what these Terms say we confirm, decide or agree in writing or by email: order confirmations, Offer Sheets (Section 1.5), Custom Build confirmations (Section 3.7), refusals and cancellations (Section 3.1A), shipping quotes, RMAs, Safety Notices and the separate agreements these Terms refer to. Advice we give in support (set-up, tuning, settings, remote diagnostics) is given under these Terms and is not a separate warranty. This Section does not limit liability for fraud or fraudulent misrepresentation, any claim the law does not let a contract exclude (in Australia, a claim for misleading or deceptive conduct), or your Mandatory Local Rights. In the USA, if you are not a merchant, the second sentence binds you only as far as Uniform Commercial Code section 2-209 allows; the first sentence still applies.

Annex A — Model withdrawal form (consumers only)

These Terms are written for Professional Recipients. Where the law treats a recipient as a Consumer with a right to withdraw (Section 5.2), Section 5.2 is the information on withdrawal and the recipient may use this model withdrawal form, but need not.

Model withdrawal form (complete and return this form only if you wish to withdraw from the contract)

To ARKINEMATICS LIMITED, Korinthou 33, Agioi Trimithias 2671, Nicosia, Cyprus, devsupport@ark-dynamics.com (orders delivered in the EU) — or ARK Dynamics Global, 762 E Browning Ave, Salt Lake City, Utah 84105, USA, devsupport@ark-dynamics.com (all other orders):

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 — Acknowledgment text

B.1 At checkout or on the Offer Sheet. Statements (g), (h), (i), (j) and (k) each have their own tick box, and the order cannot be placed until each box that applies is ticked; for an order confirmed before this version, the acceptance page under Section 15.4 shows each statement that applies, with (i) and (k) each in its own unticked box, and the order moves to this version only when each applicable box is ticked; the other statements may be presented together as a single acknowledgment. By placing your order you give each of them, and we keep a record of the version, each tick and when you gave it. The support commitment (Section 11) is available to read before you pay.

(a) I understand that the Development Kit is delivered as a kit and is not a ready-to-use machine until I have assembled, installed 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.

(b) I will read the Safety Manual and Installation Guide in full before assembly. I understand that the Development Kit can cause serious injury or death even when it is assembled and used correctly, and that incorrect assembly, use outside the rated limits, or any modification of the actuators, wiring, firmware or safety systems adds to that risk.

(c) 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 18, 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.

(d) I will not use the Development Kit to provide rides to the public or to paying users, or at a venue, without a separate Commercial Operator Agreement with ARK.

(e) I understand that shipping is not included and will be quoted when my Kit is ready, that I can cancel before dispatch — for a full refund before my Production Notice and as Section 5.1 describes after it, and as Section 4.2 describes if I don't accept the shipping quote — and that if my Kit has not shipped within 12 months after the Ready Window, you write to me and I choose a full refund or to wait.

(f) I am at least 18 years old, I have been given the ARK support commitment (Section 11), and I accept the ARK Dynamics Development Kit Evaluation Agreement v1.9 and the Shipping Policy, and I have read the Privacy Policy.

(g) I understand the PDK is a Development Kit: early-access hardware, software in active development. Software features may arrive later, change or be removed; later batches may differ from mine; I assemble, configure and tune it myself. I accept these as part of what I receive, not as defects (Terms 2A).

(h) I take the Portal Development Kit (PDK) as a professional recipient, for evaluation and development in my trade, business, profession or research, not mainly for private or household use, and not as a consumer; it is not a finished consumer product (Section 1.3).

(i) If my Development Kit is delivered in the USA, or I am a business and it is delivered in Switzerland, the UK or Canada: I have read Section 7.10C and, to the fullest extent the law allows, I release ARK Dynamics Global and ARKINEMATICS, their officers, employees and contractors, from claims for injury, death or property damage I suffer in connection with the Development Kit, including while unpacking, moving, assembling, installing, commissioning, inspecting, maintaining, repairing, riding, operating or being near it, that arise from their negligence or, as far as the law allows, from strict liability for a defect in the design, manufacture, warnings or instructions of the Development Kit. Gross negligence, wilful misconduct, fraud and anything the law does not allow to be released are not released (Section 7.10C and Annex C).

(j) I specifically approve these clauses after reading them: 1.3 and 1.3A (professional recipients only), 2A (Development Kit characteristics), 3.1A (our right to refuse and refund), 5.1 (cancellation cost), 7.10A to 7.10C (risks and release), 11.6 (sole remedy and excluded warranties), 13 (limits of liability and indemnity), 13.6 (time limit), 14.2 (suspension), 15 (changes), 16 (governing law, no CISG, exclusive courts), 3.5 and 18.4 (delay and events beyond our control), 4.2 (cancellation after an unanswered shipping quote), 4.5 (reporting periods for transit damage), 6.4 (assembly deviations and modifications), 7.12 and 7.14 (incident reports and records), 8.1 (permitted purposes; any other use needs our written approval), 3.4A and 3.4B (payment disputes, billing errors and set-off), 5.7 (items left with us), 9.4A (unauthorised firmware, software and modifications), 13.3A (the limit for Software, Services and Accounts), 14.2B (ending the license for any other reason), 14.2C (named grounds for suspending or ending the license) and 9.3 and 9.8 (updates and software changes).

(k) If I am a Professional Recipient and my Development Kit is delivered in the USA, Switzerland, the UK or Canada: I have read Section 13.4 and I indemnify and defend ARK Dynamics Global and ARKINEMATICS against any claim by a Rider, visitor or bystander, other than myself, whom I allow to use or be near the Development Kit, even where the claim says that their own ordinary negligence caused or contributed to it; not for their gross negligence, wilful misconduct or fraud, injury or death a design or manufacturing defect caused, a claim by or for my own child or ward, or, in California, their own violation of law (Section 13.4).

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; until the Software is released, and whenever you drive the Development Kit without it, you complete this checklist in writing before the first session and after every firmware update, and keep it): assembled and commissioned exactly per the Installation Guide · fasteners, mounts and any floor 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, at least 18, and has seen Section 7.4 (who must not ride), shown in full on this screen · firmware and safety interlocks unmodified · evaluation and development use, not paying riders or the public · start short and low-intensity; stop at once if anyone feels unwell. These answers stay on the Development Kit; only the time the checklist was completed is recorded (Section 10.2).

B.3 Rider screen (show in the Software, once it is released, at the first session of every new Rider profile; no motion until confirmed. Until the Software is released, the next sentence applies to every Rider. Where you drive the Development Kit without the Software, for example with FlyPT Mover, SimHub, the dashboard or your own code, you obtain this confirmation and, in the USA and Canada, the release below from each Rider in writing, in these words, before their first session, and keep it; until then that Rider must not ride): the safety rules of Sections 7.4–7.6 and the risks in Section 7.10A, then the statement "I confirm I am at least 18 and have reached the age of majority where I live and where I ride, I have read these rules and I ride knowing these risks." The Rider confirms it before the Development Kit moves. The screen also says: "Your Rider profile name, this confirmation and its time, and the safety events of your sessions are recorded on the Kit; they reach the company that supplied it (ARK Dynamics Global, or ARKINEMATICS LIMITED for a Kit delivered in the EU) only when the Kit's operator sends them, with a support claim or incident report; they are kept for 10 years after the Rider's last session (15 years for a Development Kit in Canada), or longer while a claim, investigation or recall involving that Rider is open, and used only for safety, incident investigation and legal claims; no health condition is recorded. Details and your rights: ark-dynamics.com/legal/privacy/." In Canada the Rider's tick is also their consent to that record. The Software asks at the start of every session who is riding; a person without a Rider profile cannot ride until they have confirmed this screen. Where the Development Kit is in the USA or Canada, the Rider screen then shows, on a screen of its own headed "RELEASE OF NEGLIGENCE CLAIMS" in bold capitals at least as large as any other text on that screen, which the Rider must scroll to the end of before the box can be ticked, with its own unticked box: "I am 18 or over and have reached the age of majority where I live and where I ride. Serious injury can happen even when ARK and I use reasonable care. In exchange for being allowed to ride, I release ARK Dynamics Global and ARKINEMATICS LIMITED, their officers, employees and contractors, from all claims for my own injury, death or property damage caused by their ordinary negligence or, as far as the law allows, in strict liability for a defect in the Development Kit. To the extent the law allows, this binds me, my heirs, my estate and my personal representative. It does not cover gross negligence, wilful misconduct, fraud, or anything the law does not allow to be released. To the extent the law allows, if I claim against anyone else for an injury this release covers and they claim contribution or indemnity from ARK Dynamics Global or ARKINEMATICS LIMITED, I reduce my claim against them by ARK's share of the fault." No motion until the Rider ticks it; the tick, the Rider profile and the time are recorded.

Annex C — Rules that differ by country

For the country it names, this Annex prevails over the main text. Where a country is not named, the main text applies.