Terms of Service

1. Acceptance of the Terms

By accessing and using the Arkar platform ("Platform"), you agree to comply with and be bound by these Terms of Service ("Terms"). If you do not agree with any part of these Terms, you must not use our services. These Terms constitute a legal agreement between you and Arkar Tecnologia Ltda. ("Arkar", "we", "us", "our").

2. Definitions

• Platform: The set of systems, applications, interfaces and features made available by Arkar for the management of structured funds, including administration, compliance, reporting, artificial intelligence and collaboration modules.
• User: Any individual or legal entity that accesses, uses or interacts with the Platform, including fund managers, administrators, distributors, investors and other financial market professionals.
• Services: All features, tools, resources and content made available through the Platform.
• Data: Any information, documents, files or content entered, generated, processed or stored on the Platform.
• Regulation: The set of laws, rules, regulations and instructions issued by regulatory bodies applicable to the Brazilian financial market, including the CVM (the Brazilian Securities Commission) and ANBIMA (the Brazilian Financial and Capital Markets Association).

3. Services Offered

The Arkar Platform provides AI-native infrastructure for structured funds, including:

• Fund management: Tools for the operational and strategic management of structured investment funds.
• Investor administration: Registration, management and communication with quotaholders and investors.
• Regulatory reporting: Automated generation of reports required by regulatory bodies.
• Performance monitoring: Real-time tracking of fund performance indicators.
• Compliance: Regulatory compliance and risk monitoring tools.
• Document management: Storage, organization and versioning of regulatory and operational documents.
• Multi-agent AI: An artificial intelligence system with specialized agents for process automation, data analysis and decision support.
• Collaboration: Communication and collaboration tools for teams and organizations.
• Security: Access controls, encryption, auditing and security monitoring.

4. Conditions of Use

4.1. Eligibility

To use the Platform, you represent and warrant that: (a) you are at least 18 years old; (b) you have the legal capacity to enter into binding contracts; (c) you are authorized to act on behalf of the organization you represent, where applicable; and (d) you will comply with all laws and regulations applicable to your use of the Platform.

4.2. Account responsibility

You are responsible for maintaining the confidentiality of your access credentials and for all activities carried out under your account. You must notify Arkar immediately of any unauthorized use of your account or any other breach of security. Arkar will not be liable for losses or damages arising from unauthorized use of your account.

4.3. Permitted use

The Platform must be used exclusively for legitimate purposes related to the management, administration and operation of investment funds, in compliance with applicable laws and regulations. You agree to use the Platform responsibly and ethically.

5. Prohibited Use

It is expressly prohibited to use the Platform for:

• Illegal activities: Any activity that violates applicable laws, regulations or rules.
• Fraud: Any fraudulent or deceptive activity, or any activity intended to obtain an undue advantage.
• Intellectual property infringement: Copying, reproducing, distributing, modifying, creating derivative works from, reverse engineering or decompiling any part of the Platform.
• Malware: Introducing viruses, trojans, worms, logic bombs or any other malicious or technologically harmful material.
• Unauthorized access: Attempting to access, without authorization, any part of the Platform, or any servers, systems or networks connected to the Platform.
• Data manipulation: Altering, falsifying or manipulating data improperly or in a way that compromises the integrity of the information.
• Regulatory violation: Using the Platform in a manner that violates financial market regulations.

6. Responsibilities

6.1. Arkar's commitments

Arkar undertakes to:

• Keep the Platform available and functional, subject to scheduled maintenance windows.
• Implement and maintain appropriate security measures to protect the data.
• Provide technical support within the contracted service levels.
• Comply with applicable laws and regulations.
• Communicate security incidents and relevant changes to the services.

6.2. User obligations

The User undertakes to:

• Provide true, accurate and up-to-date information when registering for and using the Platform.
• Keep their access credentials secure and not share them with third parties.
• Use the Platform in compliance with these Terms.
• Respect the intellectual property of Arkar and of third parties.
• Comply with all laws and regulations applicable to the use of the Platform.

7. Intellectual Property

All intellectual property rights relating to the Platform, including software, design, trademarks, logos, texts, graphics, algorithms, artificial intelligence models and other content, are the exclusive property of Arkar or its licensors.

Arkar grants the User a limited, revocable, non-exclusive and non-transferable license to use the Platform for the term of the agreement, exclusively for the purposes set out in these Terms. This license does not grant the User any ownership rights over the Platform or its components.

8. Regulatory Compliance

8.1. Financial regulators

The Platform is designed to assist with compliance with the rules and regulations of the regulatory bodies of the Brazilian financial market, including the Brazilian Securities Commission (Comissão de Valores Mobiliários – CVM) and the Brazilian Financial and Capital Markets Association (Associação Brasileira das Entidades dos Mercados Financeiro e de Capitais – ANBIMA). However, responsibility for complying with regulatory obligations remains with the User and their organization.

8.2. LGPD and Privacy

The processing of personal data by Arkar is carried out in compliance with Lei nº 13.709/2018 (LGPD – Brazilian General Data Protection Law) and other applicable rules, as detailed in our Privacy Policy. The User undertakes to comply with their obligations as a controller or processor of personal data, as applicable.

9. Limitation of Liability

To the maximum extent permitted by applicable law, Arkar shall not be liable for:

• Investment decisions: The Platform provides decision-support tools and information but does not constitute investment advice. All investment decisions are the sole responsibility of the User.
• Indirect damages: Indirect, incidental, special, consequential or punitive damages, including loss of profits, loss of data or business interruption.
• Third-party errors: Failures, errors or unavailability of third-party services integrated into the Platform.
• AI content: Outputs generated by artificial intelligence systems, which must always be validated by the User before any use.

In any event, Arkar's total liability shall be limited to the total amount paid by the User in the 12 (twelve) months preceding the event giving rise to the claim.

10. Account Suspension and Termination

Arkar may suspend or terminate the User's access to the Platform in the following cases:

• Violation of these Terms or of any applicable policy.
• Suspected fraudulent activity or misuse.
• Requests from regulators or competent authorities.
• Payment default.
• Termination of the service agreement.

In the event of termination without cause, Arkar will provide 90 (ninety) days' prior notice, during which the User may export their data from the Platform.

11. Changes to the Terms

Arkar reserves the right to modify these Terms at any time. Significant changes will be communicated 30 (thirty) days in advance through the Platform or by email. Continued use of the Platform after the changes take effect constitutes acceptance of the new Terms.

12. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Federative Republic of Brazil. The courts of the Judicial District of São Paulo, State of São Paulo, are hereby elected to settle any disputes arising from these Terms, to the exclusion of any other jurisdiction, however privileged it may be.

13. Contact

If you have questions, suggestions or complaints about these Terms of Service, please contact us:

• Email: legal@arkar.ai
• Website: www.arkar.ai