Master Subscription Agreement
Last Updated: January 12, 2026 | Version 1.0
This Master Subscription Agreement ("Agreement") is entered into between ARK Enterprises LLC, a Nebraska limited liability company doing business as ARK Fire RMS ("Provider," "we," "us," or "our"), and the fire department, emergency services organization, or other entity ("Customer," "you," or "your") that accepts this Agreement.
By clicking "I Accept," signing an Order Form, or using the Services, you agree to be bound by this Agreement. If you are entering into this Agreement on behalf of an organization, you represent that you have the authority to bind that organization to these terms.
1. Definitions
- "Authorized Users" means employees, officers, volunteers, and contractors of Customer who are authorized by Customer to access and use the Services.
- "Customer Data" means all data, information, and content that Customer or its Authorized Users enter, upload, or transmit through the Services.
- "Documentation" means the user guides, help files, and other documentation we provide for the Services.
- "Order Form" means an ordering document specifying the Services, subscription term, fees, and other details.
- "Services" means the ARK Fire RMS software-as-a-service platform and related services described in the applicable Order Form.
- "Subscription Term" means the period during which Customer has access to the Services as specified in the Order Form.
2. Services and Access
2.1 Grant of Access
Subject to the terms of this Agreement and payment of applicable fees, we grant Customer a non-exclusive, non-transferable right to access and use the Services during the Subscription Term for Customer's internal business purposes.
2.2 Authorized Users
Customer may permit its Authorized Users to access the Services. Customer is responsible for:
- Ensuring Authorized Users comply with this Agreement and our Terms of Use
- Managing Authorized User accounts, including creating, modifying, and removing access
- Maintaining the confidentiality of login credentials
- All activities that occur under Customer's accounts
2.3 Restrictions
Customer shall not, and shall not permit any Authorized User or third party to:
- License, sublicense, sell, resell, rent, lease, or distribute the Services
- Modify, copy, or create derivative works based on the Services
- Reverse engineer, disassemble, or decompile the Services
- Access the Services to build a competitive product or service
- Use the Services in violation of applicable laws
- Attempt to gain unauthorized access to the Services or related systems
3. Customer Data
3.1 Ownership
Customer retains all ownership rights in Customer Data. We do not claim any ownership interest in Customer Data. Nothing in this Agreement transfers ownership of Customer Data to us.
3.2 License to Customer Data
Customer grants us a limited license to access, process, and use Customer Data solely to provide, maintain, and improve the Services, and as otherwise described in our Privacy Policy.
3.3 Data Protection
We will maintain reasonable administrative, physical, and technical safeguards to protect Customer Data, including:
- Encryption of data in transit and at rest
- Access controls and authentication requirements
- Regular security assessments
- Backup and disaster recovery procedures
3.4 Data Portability
Customer may export Customer Data at any time during the Subscription Term using the export features in the Services. Upon termination, Customer will have thirty (30) days to export Customer Data before we delete it.
3.5 No Sale of Data
We will not sell, rent, or trade Customer Data to third parties. We will not use Customer Data for advertising purposes.
4. Fees and Payment
4.1 Fees
Customer agrees to pay the fees specified in the Order Form. All fees are quoted and payable in U.S. dollars.
4.2 Payment Terms
Unless otherwise specified in the Order Form:
- Annual subscriptions are billed in advance
- Monthly subscriptions are billed at the beginning of each month
- Payment is due within thirty (30) days of invoice date
4.3 Late Payment
Late payments may accrue interest at the rate of 1.5% per month or the maximum rate permitted by law, whichever is less. We may suspend access to the Services if payment is more than thirty (30) days overdue.
4.4 Taxes
Fees do not include taxes. Customer is responsible for all applicable taxes, excluding taxes based on our net income.
4.5 Price Changes
We may change our pricing upon sixty (60) days' written notice. Price changes will take effect at the start of the next renewal term.
5. Term and Termination
5.1 Term
This Agreement begins on the date Customer accepts it and continues until terminated. The initial Subscription Term is specified in the Order Form.
5.2 Renewal
Unless otherwise specified, subscriptions will automatically renew for successive periods equal to the initial Subscription Term. Either party may prevent renewal by providing written notice at least thirty (30) days before the renewal date.
5.3 Termination for Cause
Either party may terminate this Agreement immediately upon written notice if the other party:
- Materially breaches this Agreement and fails to cure such breach within thirty (30) days of written notice
- Becomes insolvent or files for bankruptcy
5.4 Termination for Convenience
Customer may terminate this Agreement for any reason upon thirty (30) days' written notice. No refunds will be provided for termination for convenience.
5.5 Effect of Termination
Upon termination:
- Customer's access to the Services will cease
- Customer has thirty (30) days to export Customer Data
- We will delete Customer Data after the export period, except as required by law
- Any outstanding fees become immediately due
6. Service Levels
6.1 Availability
We will use commercially reasonable efforts to maintain 99.5% uptime for the Services, measured monthly, excluding scheduled maintenance and circumstances beyond our reasonable control.
6.2 Scheduled Maintenance
We will provide at least twenty-four (24) hours' notice of scheduled maintenance that may impact availability, except in emergencies. We will endeavor to schedule maintenance during off-peak hours.
6.3 Support
We provide email support during regular business hours (Monday-Friday, 8 AM - 5 PM Central Time, excluding holidays). We will use reasonable efforts to respond to support requests within one (1) business day.
7. Warranties and Disclaimers
7.1 Our Warranties
We warrant that:
- The Services will perform materially as described in the Documentation
- We will provide the Services with reasonable care and skill
- We have the right to provide the Services
7.2 Customer Warranties
Customer warrants that:
- Customer has the authority to enter into this Agreement
- Customer Data and its use do not violate applicable laws or third-party rights
- Customer will use the Services in compliance with applicable laws
7.3 Disclaimer
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that the Services will be uninterrupted, error-free, or secure. The Services are not a substitute for professional emergency response judgment.
8. Limitation of Liability
8.1 Limitation
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE FEES PAID BY CUSTOMER IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
8.2 Exclusion of Consequential Damages
IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER A PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.3 Exceptions
The limitations in this Section 8 do not apply to: (a) breach of Section 2.3 (Restrictions); (b) either party's indemnification obligations; (c) fraud or willful misconduct; or (d) liability that cannot be limited by applicable law.
9. Indemnification
9.1 Our Indemnification
We will defend, indemnify, and hold harmless Customer from any third-party claim that the Services infringe a valid patent, copyright, or trademark, provided Customer: (a) promptly notifies us; (b) gives us sole control of the defense; and (c) provides reasonable cooperation.
9.2 Customer Indemnification
Customer will defend, indemnify, and hold harmless us from any third-party claim arising from: (a) Customer Data; (b) Customer's use of the Services in violation of this Agreement; or (c) Customer's violation of applicable laws.
10. Confidentiality
10.1 Definition
"Confidential Information" means non-public information disclosed by one party to the other that is designated as confidential or that a reasonable person would understand to be confidential. Customer Data is Customer's Confidential Information.
10.2 Obligations
Each party agrees to: (a) protect the other party's Confidential Information using reasonable measures; (b) use Confidential Information only to perform under this Agreement; and (c) not disclose Confidential Information to third parties except as permitted herein.
10.3 Exceptions
Confidentiality obligations do not apply to information that: (a) becomes publicly available through no fault of the receiving party; (b) was known to the receiving party before disclosure; (c) is independently developed; or (d) is required to be disclosed by law.
11. Compliance
11.1 HIPAA
If Customer is a covered entity or business associate under HIPAA and uses the Services to process protected health information (PHI), Customer must notify us and execute a Business Associate Agreement (BAA) before transmitting PHI through the Services.
11.2 Law Enforcement Requests
If we receive a law enforcement request for Customer Data, we will notify Customer before disclosing any data, unless prohibited by law. We will limit disclosure to what is legally required.
12. General Provisions
12.1 Governing Law
This Agreement is governed by the laws of the State of Nebraska, without regard to conflict of law principles.
12.2 Dispute Resolution
Any dispute arising from this Agreement shall be resolved through good faith negotiation. If negotiation fails, disputes shall be resolved in the state or federal courts located in Nebraska, and each party consents to the jurisdiction of such courts.
12.3 Notices
Notices must be in writing and sent to the addresses specified in the Order Form. Notices are effective upon receipt.
12.4 Assignment
Neither party may assign this Agreement without the other party's written consent, except that either party may assign this Agreement in connection with a merger, acquisition, or sale of all or substantially all of its assets.
12.5 Amendments
We may update this Agreement by posting a revised version on our website with at least thirty (30) days' notice for material changes. Continued use of the Services after the effective date constitutes acceptance of the updated Agreement.
12.6 Entire Agreement
This Agreement, together with any Order Forms, constitutes the entire agreement between the parties regarding its subject matter and supersedes all prior agreements and understandings.
12.7 Severability
If any provision of this Agreement is held unenforceable, the remaining provisions will remain in full force and effect.
12.8 Waiver
Failure to enforce any provision of this Agreement does not constitute a waiver of that provision or any other provision.
13. Contact Information
For questions about this Agreement, please contact us at:
ARK Enterprises LLC
d/b/a ARK Fire RMS
Email: info@arkfirerms.com
By using ARK Fire RMS, you acknowledge that you have read, understood, and agree to be bound by this Master Subscription Agreement.