Terms of Use

Website: arkisair.com

Effective Date: August 12, 2026 · Last Updated: August 12, 2026

These Terms of Use (“Terms”) constitute a legally binding agreement between you (“you,” “your,” or “User”) and Arkis Air, LLC (“Arkis Air,” “Company,” “we,” “us,” or “our”), governing your access to and use of the website located at arkisair.com, together with any related subdomains, mobile-optimized pages, applications, and services (collectively, the “Site”).

The Site is used by Arkis Air for two primary purposes: (1) recruiting independent sales representatives and prospective sales personnel to market and sell heating, ventilation, and air conditioning (“HVAC”) equipment and related HVAC services (“Sales Recruitment Services”); and (2) marketing and advertising HVAC equipment and related HVAC services directly to prospective residential and commercial customers (“Consumer Marketing Services”). These Terms apply to all visitors, users, applicants, and prospective customers, regardless of which purpose brings them to the Site.

PLEASE READ THESE TERMS CAREFULLY, INCLUDING THE ARBITRATION AND CLASS ACTION WAIVER PROVISION IN SECTION 20 AND THE TCPA / SMS CONSENT PROVISIONS IN SECTION 9, BEFORE USING THE SITE OR SUBMITTING ANY INFORMATION. By accessing or using the Site, submitting any form, applying for a sales position, requesting a quote, or checking any consent box, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, available at arkisair.com/privacy (the “Privacy Policy”), which is incorporated into these Terms by reference. If you do not agree to these Terms, you must not access or use the Site.

We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you to changes by updating the “Last Updated” date above, and your continued use of the Site after any revised Terms are posted constitutes your acceptance of those changes.

1. Eligibility

You must be at least 18 years old and capable of forming a legally binding contract to use the Site, submit a sales representative application, request information about HVAC equipment and related HVAC services, or provide your contact information for any purpose. By using the Site, you represent and warrant that you meet these requirements and that all information you provide is accurate, current, and complete.

2. Nature of the Site; Two Categories of Use

The Site serves two distinct audiences, and different sections of these Terms may apply depending on how you use the Site:

2.1 Sales Recruitment Services

Portions of the Site allow individuals to apply to become independent contractor sales representatives, canvassers, or affiliates for Arkis Air or its authorized dealers (collectively, “Sales Representatives”). Submitting an application does not guarantee acceptance, engagement, or any offer of a contractor or employment relationship. Any relationship between Arkis Air and a Sales Representative is governed by a separate independent contractor agreement, which will contain its own terms regarding compensation, territory, conduct, and termination, and which will control over these Terms in the event of a conflict as to that relationship.

2.2 Consumer Marketing Services

Other portions of the Site are directed to prospective residential and commercial customers interested in heating, ventilation, and air conditioning (“HVAC”) equipment, financing options, installation, maintenance, repair, replacement, and related HVAC services (collectively, the “HVAC Products and Services”). Use of the Site to request a quote, consultation, or information about the HVAC Products and Services does not create any obligation to purchase and does not itself constitute a sale, financing agreement, or service contract. Any actual purchase, financing, installation, maintenance, repair, replacement, or other services relating to the HVAC Products and Services will be governed by a separate, definitive written agreement provided to you at the time of sale.

3. Use of the Site; Intellectual Property

Subject to your compliance with these Terms, Arkis Air grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal, non-commercial use, or, if applying as a Sales Representative, for the purpose of completing your application.

All content on the Site, including text, graphics, logos, product descriptions, pricing information, images, software, and the “Arkis Air” name and marks (collectively, “Content”), is owned by or licensed to Arkis Air and is protected by U.S. and international intellectual property laws. You may not copy, reproduce, distribute, modify, create derivative works from, publicly display, or exploit any Content without our prior written consent.

4. Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make it available. As a user of the Site, you agree not to:

  • a. Use the Site for any unlawful purpose;
  • b. Attempt to gain unauthorized access to the Site or its related systems;
  • c. Use any automated means (bots, scrapers, crawlers) to access the Site without permission;
  • d. Submit false, misleading, or fraudulent information in any application or quote request;
  • e. Impersonate any person or entity;
  • f. Interfere with the proper functioning of the Site;
  • g. Systematically retrieve data or content from the Site to create or compile a collection, compilation, or database without our written permission;
  • h. Trick, defraud, or mislead us or other users, including in any attempt to learn sensitive information such as account credentials;
  • i. Circumvent, disable, or otherwise interfere with security-related features of the Site;
  • j. Disparage, tarnish, or otherwise harm, in our opinion, Arkis Air or the Site;
  • k. Use information obtained from the Site to harass, abuse, or harm another person;
  • l. Make improper use of our support channels or submit false reports of abuse or misconduct;
  • m. Upload or transmit viruses, Trojan horses, or other harmful material, or engage in spamming;
  • n. Use any automated system, script, bot, or data-mining tool to access or interact with the Site, except standard search-engine indexing;
  • o. Attempt to impersonate another person or use another person's identifying information without authorization;
  • p. Decipher, decompile, disassemble, or reverse engineer any software comprising the Site, except as permitted by applicable law;
  • q. Use a buying, purchasing, or application-submission agent to interact with the Site on your behalf; or
  • r. Use the Site to compete with Arkis Air or for any revenue-generating or commercial purpose not expressly authorized by these Terms.

5. Submissions and Feedback

Except for the personal information governed by our Privacy Policy, any application materials, comments, suggestions, ideas, or other feedback you submit to Arkis Air through or in connection with the Site (“Submissions”) will be considered non-confidential and non-proprietary. By providing a Submission, you grant Arkis Air a worldwide, royalty-free, perpetual, irrevocable right to use, reproduce, modify, and disseminate that Submission for any business purpose, and you represent that you have all rights necessary to grant this license. You remain solely responsible for the content, accuracy, and legality of your Submissions.

Communications Not Confidential or Privileged. Any email, text message, web form submission, or other communication you send to Arkis Air through the Site is not encrypted or guaranteed to be secure, and no attorney-client, fiduciary, or other privileged or confidential relationship is created by any such communication. Do not include sensitive personal information (such as Social Security numbers or financial account numbers) in any unsecured communication through the Site.

6. Sales Representative Applications

If you submit an application to become a Sales Representative, you authorize Arkis Air to: (a) verify the information you provide, including through background checks where permitted by applicable law and with any legally required separate authorization; (b) contact you via phone, email, and text message regarding your application and opportunities (see Section 9 below regarding SMS and TCPA consent); and (c) share your application information with authorized dealers, distributors, or partners of Arkis Air for recruitment and onboarding purposes.

Arkis Air reserves the right to reject any application, and to modify, suspend, or discontinue its Sales Recruitment Services at any time, with or without notice.

7. Requests for Information; No Obligation to Purchase

If you submit a request for a quote, consultation, or information about the HVAC Products and Services, you understand and agree that: (a) Arkis Air or one of its authorized dealers or service providers may contact you to discuss your request and provide a proposal; (b) any pricing, estimated operating cost savings, rebate eligibility, equipment performance, financing options, or similar information presented on the Site or by a representative is provided for informational purposes only, is not guaranteed, and may change based on the condition of your property, equipment specifications, available rebates or incentives, financing terms, and other project-specific factors; and (c) no purchase, financing, installation, maintenance, repair, replacement, or service obligation arises from submitting a request or receiving a quote. Final terms will be set out in a separate written agreement.

8. Corrections

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including pricing, rebate eligibility, estimated operating cost savings, equipment information, and availability. We reserve the right to correct any such errors, inaccuracies, or omissions, and to change or update information on the Site at any time, without prior notice.

9. Telephone, Text Message, and SMS Consent (TCPA)

By providing your telephone number on the Site and affirmatively checking the SMS consent box on our quote or inspection request form, you expressly consent to receive calls and text messages, including calls and texts made using automatic dialing technology, an artificial or prerecorded voice, and/or SMS/MMS text messaging technology, whether or not your number is on a national or state “Do Not Call” list, from Arkis Air at the phone number(s) you provide, for the following purposes:

  • a. Responding to and processing your Sales Representative application or quote/information request;
  • b. Scheduling consultations, site assessments, or follow-up calls;
  • c. Providing information about the HVAC Products and Services, promotions, incentives, and pricing;
  • d. Providing information about sales opportunities, onboarding, and commissions; and
  • e. Servicing your account or application and related customer or applicant support.

9.2 Nature of Consent

Consent to receive calls or text messages is not a condition of purchasing any HVAC Products and Services, applying to become a Sales Representative, or receiving any goods or services from Arkis Air. Message and data rates may apply. Message frequency varies. You may receive recurring messages depending on your interactions with us.

9.3 Opt-Out

You may opt out of text messages at any time by replying “STOP” to any text message you receive from us, or by contacting us using the information in Section 27 below. You may opt out of calls by informing the representative during the call or by contacting us directly. After opting out, you may receive one final message confirming your opt-out. Reply “HELP” for assistance.

9.4 Carrier Disclaimer

Carriers are not liable for delayed or undelivered messages. We are not responsible for any charges billed by your carrier related to calls or messages sent to you.

9.5 Do Not Call / Reassigned Numbers

You represent that you are the current subscriber or authorized user of the phone number you provide and that you have the authority to grant the consent described in this Section 9. If your phone number changes, you agree to promptly notify us. Providing consent here does not override your placement on any internal or National Do Not Call Registry with respect to unrelated, unsolicited marketing outside the scope of your inquiry or application, except as permitted by applicable law given your express consent and existing relationship with us.

For more information on how we collect, use, and protect your phone number and other personal information, please review our Privacy Policy at arkisair.com/privacy.

10. Email Communications

By providing your email address, you consent to receive email communications from Arkis Air related to your application, quote request, or inquiry, as well as promotional and marketing emails. You may unsubscribe from marketing emails at any time using the “unsubscribe” link included in each email, consistent with the CAN-SPAM Act. Note that you may continue to receive transactional or application-related emails even after unsubscribing from marketing emails.

11. Electronic Communications, Transactions, and Signatures

Visiting the Site, submitting a form, and sending us emails or text messages constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE. You hereby waive any rights or requirements under any statute, regulation, rule, ordinance, or other law in any jurisdiction that would require an original (non-electronic) signature or the delivery or retention of non-electronic records.

12. Third-Party Links and Services

The Site may contain links to third-party websites, financing partners or other third-party services that are not owned or controlled by Arkis Air. Use of any such other website may be subject to a privacy statement, terms of use, or other legal terms that differ significantly from these Terms and our Privacy Policy. We strongly encourage you to review the privacy statement and terms of any third-party website before supplying personal information through it. Arkis Air does not endorse or warrant, and is not responsible for, the content, accuracy, or practices of any third-party site, and your use of any such site is at your own risk.

13. Site Management; Modifications and Interruptions

We reserve the right, but not the obligation, to: (a) monitor the Site for violations of these Terms; (b) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms; (c) refuse, restrict, or disable access to any portion of the Site; and (d) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate its proper functioning.

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason, without notice, and we have no obligation to update any information on the Site. We cannot guarantee the Site will be available at all times; we may experience hardware, software, or other problems, or need to perform maintenance, resulting in interruptions, delays, or errors. We will have no liability for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime.

14. Disclaimers

THE SITE AND ALL CONTENT, INFORMATION, ESTIMATES, AND MATERIALS PROVIDED THROUGH IT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Arkis Air does not warrant that: (a) the Site will be uninterrupted, timely, secure, or error-free; (b) any estimates of energy savings, system performance, rebate eligibility, or return on investment presented on the Site will be accurate or achieved; or (c) any Sales Representative application will result in engagement or income of any particular amount. Actual HVAC system performance and energy savings depend on factors including property conditions, equipment selection, installation quality, maintenance, weather conditions, thermostat settings, and customer usage patterns.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ARKIS AIR AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ARKIS AIR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL ARKIS AIR'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SITE EXCEED ONE HUNDRED DOLLARS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

16. Indemnification

You agree to indemnify, defend, and hold harmless Arkis Air and its officers, directors, employees, affiliates, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with: (a) your access to or use of the Site; (b) your submission of false or misleading information; (c) your violation of these Terms; or (d) your violation of any rights of a third party.

17. User Data

We will maintain certain data you transmit to the Site for the purpose of managing its performance, as well as data relating to your use of the Site. Although we perform routine backups of data, you are solely responsible for all data you transmit or that relates to any activity you undertake using the Site. We will have no liability to you for any loss or corruption of such data.

18. Privacy

Our collection, use, and disclosure of personal information submitted through the Site is governed by our Privacy Policy, available at arkisair.com/privacy, which is incorporated by reference into these Terms. By using the Site, you consent to the data practices described in the Privacy Policy.

19. Suspension and Termination

We may suspend or terminate your access to the Site at any time, without notice, for any reason, including if we believe you have violated these Terms. Sections of these Terms that by their nature should survive termination (including Sections 3, 4, 5, 9, 11, 14–18, and 20–26) will survive.

20. Dispute Resolution; Binding Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

20.1 Informal Negotiations

Before filing a claim, you and Arkis Air agree to first attempt to resolve any dispute informally by contacting the other party in writing (see Section 27 below). If the dispute is not resolved within thirty (30) days, either party may proceed to arbitration as set out below.

20.2 Agreement to Arbitrate

Except for disputes that qualify for small claims court and the exceptions listed in Section 20.5 below, you and Arkis Air agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or any communications you received in connection with the Site (including under Section 9) shall be resolved through binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court, except that either party may bring an individual action in small claims court.

20.3 Class Action Waiver

YOU AND ARKIS AIR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

20.4 Opt-Out Right

You may opt out of this arbitration agreement by sending written notice to hello@arkisair.com within thirty (30) days of first accepting these Terms, stating your name and intent to opt out of arbitration.

20.5 Exceptions to Arbitration

The following disputes are not subject to the arbitration requirement above: (a) any dispute seeking to enforce or protect, or concerning the validity of, either party's intellectual property rights; (b) any dispute related to or arising from allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.

20.6 Time Limit; Severability

Any dispute must be brought within one (1) year after the cause of action arose, or it is permanently barred. If any portion of this arbitration provision is found unenforceable, that portion will be severed, and the remainder shall remain in full force and effect, except that if the class action waiver is found unenforceable as to a particular claim, that claim (and only that claim) will proceed in court rather than arbitration.

21. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of laws principles, except that the Federal Arbitration Act shall govern Section 20. To the extent any dispute is not subject to arbitration, the parties consent to the exclusive jurisdiction of the state and federal courts located in Salt Lake City, Utah, and waive any defense of lack of personal jurisdiction or forum non conveniens with respect to that venue.

22. Changes to These Terms

We may revise these Terms from time to time. The updated version will be indicated by an updated “Last Updated” date at the top of this page. Your continued use of the Site after any changes take effect constitutes your acceptance of the revised Terms. If changes are material, we may provide additional notice, such as a banner on the Site.

23. State-Specific HVAC Sales and Telemarketing Disclosures

HVAC sales, home-solicitation sales, and telemarketing are separately regulated in many states (for example, rules governing three-day rescission rights, state Do-Not-Call registries, and licensing of HVAC contractors and canvassers). You may have additional rights in your state of residence.

24. Accessibility

Arkis Air is committed to making the Site accessible to all users. If you experience difficulty accessing any part of the Site, please contact us using the information in Section 27 below.

25. Miscellaneous

  • a. Entire Agreement. These Terms, together with the Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and Arkis Air regarding the Site.
  • b. Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
  • c. No Waiver. Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision.
  • d. Assignment. You may not assign these Terms without our prior written consent. Arkis Air may assign these Terms without restriction.
  • e. Force Majeure. Arkis Air shall not be liable for any failure or delay resulting from causes beyond its reasonable control.
  • f. No Agency. No joint venture, partnership, employment, or agency relationship is created between you and Arkis Air as a result of these Terms or your use of the Site.

26. Text Messaging Program

Arkis Air operates a text messaging (SMS) program for customers and prospective customers who affirmatively opt in by providing a mobile number and checking the consent box on our quote or inspection request form. Consent to receive text messages is not a condition of purchase of any goods or services.

Message frequency varies and is typically 2-4 messages per month. Message and data rates may apply. You may cancel at any time by replying STOP to any message, and you may reply HELP for help or contact us using the information in Section 27 below.

For information about how we collect, use, and protect phone numbers and SMS consent, please review our Privacy Policy.

27. Contact Us

If you have questions about these Terms, wish to exercise any opt-out right, or need to contact us for any other reason, please reach us at:

Arkis Air, LLC

2440 E Germann Rd., Suite 100, Chandler, AZ 85286

Phone: (314) 860-6875

Email: hello@arkisair.com

Website: arkisair.com