Terms & Conditions

1. About Arkquen

These Terms govern your access to and use of Arkquen's software, website, applications, integrations and related services.

“Arkquen”, “we”, “us” and “our” refer to Pragyan Solutions. “Customer”, “you” and “your” refer to the individual or entity purchasing or using the Services.

By creating an account, purchasing a subscription, or using the Services, you agree to these Terms. If you do not agree, you must not use the Services.

2. Description of Services

Arkquen is a software platform that may provide lead capture, lead management, CRM, workflows, automation, email, WhatsApp and WABA functionality, appointment scheduling, landing pages, integrations, AI-enabled features, analytics and related business tools.

Features vary by subscription plan.

We may add, modify, remove or discontinue features. Where a material change substantially reduces existing paid functionality, we will make commercially reasonable efforts to give notice.

Beta features. Features identified as beta, preview or experimental are provided as is. They may be modified or withdrawn without notice and are excluded from any service commitment.

3. Platform dependency

The Services are provided using technology licensed from third-party providers.

If a licence, integration or underlying platform is modified, restricted or withdrawn, we may be required to modify, suspend or discontinue affected functionality.

Where this occurs we will give reasonable notice. Where a material paid feature is withdrawn, we may offer a pro-rata credit or an alternative at our discretion. We are not otherwise liable for such changes.

4. Subscription and billing

Subscriptions may be offered monthly, quarterly, half-yearly, annually or for other periods specified at checkout. Unless otherwise stated:

• Fees are payable in advance
• Applicable taxes including GST are charged as required
• You are responsible for maintaining accurate billing information
• Subscriptions renew automatically where recurring billing is enabled
• Failure of payment may result in suspension or termination

Price changes. We may revise subscription fees. Changes take effect at the next renewal following at least 30 days notice. Continuing after the effective date constitutes acceptance. You may cancel before renewal if you do not accept.

Cancellation. You may cancel through account controls or by contacting us. Cancellation prevents future renewal. It does not create a right to a refund for the current paid period. You retain access until the end of the paid period, subject to suspension or termination under these Terms.

5. Refunds

Our Refund and Cancellation Policy forms part of these Terms.

Except where required by applicable law, subscription fees are non-refundable once the subscription has been activated or access has been provided. This includes where you did not use the software, used only some features, changed your mind, or did not achieve expected business results.

6. No guarantee of business results

Arkquen is a software platform.

We do not guarantee any number of leads, lead quality, cost per lead, conversion rate, sales, revenue, appointments, return on advertising spend, advertising performance or business growth.

Results depend on your business, offer, pricing, sales process, advertising strategy, audience, market conditions and third-party platforms. None of these are within our control.

7. Third-party platforms

Arkquen may integrate with or depend on Meta, WhatsApp and WABA providers, email providers, payment processors, AI providers, analytics providers, hosting providers and others.

Third-party services are subject to their own terms.

We do not guarantee uninterrupted availability of third-party services, continued availability of an integration, approval of your account by a third party, delivery of messages, advertising performance, or third-party API availability.

8. Customer responsibility for advertising

Where Arkquen provides tools for advertising or related integrations, you are responsible for your advertising decisions.

This includes audience selection, campaign configuration, advertising budget, advertising content, targeting, claims made in advertisements, compliance with platform policies, and compliance with applicable advertising law.

Arkquen does not guarantee lead quality or advertising performance.

9. Customer data

You retain responsibility for data and content you upload or process through Arkquen.

You represent that you have the necessary rights, permissions and lawful basis to collect, upload, process and communicate with individuals whose information you place into Arkquen.

You must not upload or process unlawful, fraudulent, malicious or unauthorised data.

Data on termination. Following termination you may request an export of your data within 30 days. After that period, data may be deleted or anonymised in accordance with our retention practices and applicable law. We are not obliged to retain data beyond this period.

10. Acceptable use

You may not use Arkquen to violate applicable law, send unlawful spam, conduct fraud, impersonate another person, distribute malware, infringe intellectual property rights, harass individuals, conduct deceptive practices, process data without authorisation, circumvent platform restrictions, or abuse third-party messaging services.

We may suspend accounts where reasonably necessary to protect the platform, other users, third parties, or to comply with law.

11. Account security

You are responsible for maintaining the confidentiality of your credentials, controlling access to your account, and ensuring authorised users comply with these Terms.

Notify us promptly if you believe your account has been compromised.

12. Intellectual property

Arkquen and its licensors retain all rights in the software, source code, platform architecture, interfaces, trademarks, documentation, proprietary technology and pre-existing templates and materials.

Your subscription grants a limited, non-exclusive, non-transferable right to use the Services during your active subscription. You do not receive ownership of the underlying software.

You may not copy, reproduce, distribute, sublicense, resell, reverse engineer, decompile or attempt to derive source code, except to the extent permitted by applicable law.

13. Customer content

You retain ownership of content you submit.

You grant Arkquen a limited licence to host, process, transmit, store and otherwise use that content solely as necessary to provide, maintain, secure and improve the Services and comply with law.

14. AI features

AI-generated outputs may be inaccurate, incomplete or inappropriate.

You are responsible for reviewing AI-generated content before relying on it, publishing it, sending it to customers or using it for business decisions.

AI features do not constitute professional, legal, financial, medical or other specialised advice.

15. Availability

We aim to provide reliable service but do not guarantee that the Services will be uninterrupted, error-free, always available, or compatible with every device or third-party service.

Maintenance, outages, security incidents, infrastructure failures and third-party failures may temporarily affect availability.

16. Suspension and termination

We may suspend or terminate an account where payment remains overdue, you materially breach these Terms, the account is used unlawfully, the account creates a security risk, suspension is required by law or a third-party provider, or continued use could harm Arkquen or other users.

On termination, access to the Services ceases. Data is handled under clause 9 and our Privacy Policy.

17. Limitation of liability

To the maximum extent permitted by law, Arkquen is not liable for indirect, incidental, special, consequential or punitive losses, including loss of profits, revenue, business opportunities, goodwill, data or anticipated savings.

Our aggregate liability arising from the Services is limited to the amount actually paid by you to Arkquen in the 12 months immediately preceding the event giving rise to the claim.

This limitation does not apply to liability that cannot lawfully be limited or excluded.

18. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless Arkquen and its personnel from claims arising from your unlawful use of the Services, your violation of these Terms, your violation of third-party rights, content or data you submit, your advertising activities, or communications you send through the platform.

19. Dispute resolution

Before commencing any proceeding, the parties will attempt to resolve the dispute in good faith within 30 days of written notice.

Any dispute not resolved within that period shall be referred to arbitration by a sole arbitrator under the Arbitration and Conciliation Act, 1996. The seat of arbitration shall be Delhi, and proceedings shall be in English.

This does not prevent either party from seeking urgent interim relief, and does not remove any mandatory statutory right available to a consumer.

20. General

Force majeure. Neither party is liable for failure to perform due to events beyond reasonable control, including natural disasters, war, civil unrest, epidemic, government action, power or internet failure, or third-party platform outage.

Severability. If any provision is held unenforceable, the remaining provisions continue in full force.

Entire agreement. These Terms, together with the applicable order form or invoice, constitute the entire agreement and supersede prior discussions and representations.

Assignment. You may not assign rights under these Terms without our written consent. We may assign to a successor in connection with a merger, acquisition or transfer of business.

Notices. Notices are validly given when sent to the email address associated with the account or to the contact address published on our website.

Waiver. Failure to enforce any provision does not waive the right to enforce it later.

21. Governing law

These Terms are governed by the laws of India. Nothing removes any mandatory statutory right available to a consumer.

Courts at Delhi, India have jurisdiction to the extent legally permitted, subject to clause 19.

22. Changes

We may update these Terms. The updated version will be published on our website with a revised effective date.

23. Contact

Pragyan Solutions

Email: support@arkquen.online

WhatsApp: +91 84476 39013

Address: F Block, Dilshad Colony, Delhi 110095