Terms of Service

Welcome to Prestige Ark

Thank you for choosing Prestige Ark for your church management needs. These Terms of Service ("Terms") are a legal agreement between you and Prestige Comet (operator of the Prestige Ark platform) that govern your use of the Prestige Ark platform and related services ("Services").

Please read these Terms carefully before using our platform. By creating an account or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use our Services.

When we say "we," "us," or "our," we mean Prestige Comet (operator of the Prestige Ark platform). When we say "you" or "your," we mean the church, religious organization, or authorized representative using our Services.

Legal Entity and Contact

Who Accepts These Terms

Prestige Ark is a business-to-business service for churches and religious organizations. If you register on behalf of a church, you represent and warrant that:

• You have authority to bind that organization to these Terms
• The organization is a legitimate religious or community organization
• Information you provide during registration is accurate and kept up to date

Individual church staff, volunteers, and members who use the platform under your account do so according to permissions you assign and under your organization's policies.

Creating Your Account

Account Requirements

To use Prestige Ark, you must:

• Be at least 18 years old or have permission from a parent or guardian
• Provide accurate and complete information when creating your account
• Represent a legitimate religious organization or church
• Have the authority to bind your organization to these Terms
• Keep your account information up to date

Account Security

You are responsible for:

• Keeping your password secure and confidential
• All activities that happen under your account
• Notifying us immediately if you suspect unauthorized access
• Not sharing your account with others

Subscription and Payment

Free Trial

We offer a free trial period to new users. During the trial, you can access most features of our platform. The trial period length is specified when you sign up. At the end of the trial, you'll need to choose a paid subscription plan to continue using our services.

Subscription Plans

We offer different subscription plans with varying features and limits. You can view all available plans and their pricing on our pricing page. Subscription fees are billed in advance on a monthly or annual basis, depending on your chosen plan.

Payment Terms

• Payments are processed through secure third-party payment providers
• You authorize us to charge your payment method for subscription fees
• All fees are non-refundable unless otherwise stated or required by law
• We may change our prices with 30 days' notice
• Depending on your subscription plan, you may need to manually renew your subscription before it expires, or it may renew automatically. Check your plan settings to see which applies to you

Cancellation

You can cancel your subscription at any time from your account settings. Cancellation takes effect at the end of your current billing period. You'll continue to have access to paid features until then. We don't provide refunds for partial subscription periods.

Communications, Email, and SMS

Our platform allows your church to send emails, SMS messages, in-app notifications, and other communications to members and contacts. You are solely responsible for:

• Obtaining any required consent before contacting individuals
• Complying with applicable telecommunications, marketing, and privacy laws (including rules in Ghana and the jurisdictions where your recipients are located)
• Honoring opt-out requests and maintaining accurate contact lists
• Ensuring message content is lawful, accurate, and appropriate

We may suspend messaging features if we reasonably believe your use violates law, carrier rules, or these Terms.

Acceptable Use

You agree to use our services only for lawful purposes. You must not:

• Violate any laws or regulations
• Infringe on anyone's intellectual property rights
• Upload or share harmful, offensive, or inappropriate content
• Attempt to access other churches' data or accounts
• Interfere with or disrupt our services
• Use our services to spam or send unsolicited messages
• Impersonate others or provide false information
• Use automated tools to access our services without permission
• Attempt to bypass security measures or access restrictions
• Use our services for any commercial purpose outside of church management

Your Data and Content

Your Ownership

You own all data and content you upload to our platform. This includes member information, financial records, photos, documents, and any other materials you add. We don't claim any ownership rights to your content.

License to Us

By using our services, you grant us permission to store, process, and display your content solely for the purpose of providing our services to you. This license ends when you delete your content or close your account.

Your Responsibilities

You are responsible for:

• The accuracy and legality of the content you upload
• Obtaining necessary consents before uploading personal information about members, staff, visitors, or minors
• Complying with data protection and privacy laws applicable to your church, including Ghana's Data Protection Act, 2012 (Act 843) where applicable
• Obtaining explicit consent before enrolling individuals in biometric attendance features
• Regularly backing up your important data
• Managing user permissions within your church account

For most member and attendee information, your church acts as the data controller and we act as a data processor on your instructions. See our Privacy Policy for details.

Data Deletion

You can delete your data at any time. When you delete data or close your account, we'll remove it from our active systems within 30 days. Some information may be retained longer as required by law or for legitimate business purposes.

Service Availability

We strive to keep our services available and reliable. However, we can't guarantee uninterrupted access. Our services may be temporarily unavailable due to:

• Scheduled maintenance and updates
• Technical issues or system failures
• Internet connectivity problems
• Force majeure events beyond our control

We'll make reasonable efforts to notify you of planned maintenance in advance and to restore services as quickly as possible during unplanned outages.

Changes to Our Services

We're constantly improving our platform and may add, modify, or remove features at any time. We may also:

• Update our features and functionality
• Change how certain features work
• Discontinue features that are no longer viable
• Adjust subscription plan features and limits

For significant changes that negatively affect your use of our services, we'll provide reasonable notice when possible.

Intellectual Property

Our services, including the software, designs, logos, and content we create, are protected by copyright, trademark, and other intellectual property laws. These Terms don't grant you any ownership rights to our intellectual property.

You may not copy, modify, distribute, sell, or create derivative works from our platform without our written permission.

Third-Party Services

Our platform integrates with third-party services to provide core functionality, including payment processing (such as Paystack), SMS delivery (such as Arkesel, Africa's Talking, and Twilio, depending on recipient region), cloud hosting, database services, and email delivery providers.

These third parties have their own terms and privacy policies. Your use of payment or messaging features may also be subject to their rules, including refund and chargeback processes handled through Paystack where applicable.

We are not responsible for third-party services, their availability, or their practices. Your use of third-party services is at your own risk. A current list of key service providers is described in our Privacy Policy.

Disclaimers

Our services are provided "as is" and "as available" without warranties of any kind, either express or implied. To the fullest extent permitted by law, we disclaim all warranties, including:

• Warranties of merchantability or fitness for a particular purpose
• Warranties that our services will be uninterrupted or error-free
• Warranties regarding the accuracy or reliability of any information
• Warranties that defects will be corrected

We don't guarantee that our services will meet all your requirements or that they'll work perfectly with all devices and software.

Limitation of Liability

To the maximum extent permitted by law, Prestige Comet (operator of the Prestige Ark platform) and its team members will not be liable for any indirect, incidental, special, consequential, or punitive damages, including:

• Loss of profits, revenue, or data
• Business interruption
• Loss of goodwill or reputation
• Cost of obtaining substitute services

Our total liability to you for all claims related to our services is limited to the amount you paid us in the 12 months before the claim arose. If you haven't paid anything, our liability is limited to $100.

Some jurisdictions don't allow certain limitations of liability, so some of these limitations may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless Prestige Comet (operator of the Prestige Ark platform) and its team from any claims, expenses (including legal fees) arising from:

• Your use of our services
• Your violation of these Terms
• Your violation of any laws or regulations
• Your violation of others' rights
• Content you upload or share through our services

Termination

By You

You can stop using our services and close your account at any time. Simply cancel your subscription and request account deletion from your account settings or by contacting us.

By Us

We may suspend or terminate your account if:

• You violate these Terms
• Your payment fails and you don't update it
• We're required to do so by law
• We decide to discontinue our services
• Your use of our services poses a security or legal risk

We'll provide reasonable notice before termination when possible, except in cases of serious violations or legal requirements.

Effects of Termination

When your account is terminated, you'll lose access to our services and your data. Make sure to export any important data before closing your account. Provisions of these Terms that should survive termination (such as payment obligations, liability limitations, and dispute resolution) will continue to apply.

Dispute Resolution and Governing Law

If you have a complaint or dispute, please contact us first so we can try to resolve it informally. Most issues can be resolved through friendly communication.

These Terms are governed by the laws of the Republic of Ghana, without regard to conflict-of-law principles.

If we cannot resolve a dispute informally, you agree that any legal action arising from these Terms or the Services shall be brought exclusively in the courts of Accra, Ghana, and both parties consent to the personal jurisdiction of those courts.

General Terms

Changes to These Terms

We may update these Terms from time to time. When we make significant changes, we'll notify you via email or through a notice on our platform. Your continued use of our services after changes take effect means you accept the new Terms.

Entire Agreement

These Terms, along with our Privacy Policy and any other policies we reference, constitute the entire agreement between you and Prestige Comet (operator of the Prestige Ark platform) regarding our Services.

Severability

If any part of these Terms is found to be unenforceable, the rest of the Terms will remain in effect.

No Waiver

Our failure to enforce any part of these Terms doesn't mean we're waiving that right. We can still enforce it later.

Assignment

You can't transfer your rights or obligations under these Terms without our written consent. We may transfer our rights and obligations to an affiliate or successor (including Prestige Comet) in connection with a merger, acquisition, reorganization, or sale of assets.

Contact Us

If you have questions about these Terms or need to contact us for any reason, please reach out: