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Terms of Service

Last updated: 2026-04-11

Last updated: 2026-04-11

1. Definitions

In these Terms of Service (the "Terms"):

  • "arkplan" or "Service" means the SaaS software platform operated by ark.swiss Sàrl, available as a dedicated instance client.arkplan.ch.
  • "Customer" means the individual or legal entity subscribing to the Service.
  • "User" means any person accessing the Service via the Customer's account.
  • "Instance" means the isolated application environment (Docker container + dedicated PostgreSQL database) made available to the Customer.
  • "Customer Content" means all data, files and information entered by the Customer or its Users into its Instance.
  • "Plan" means one of the commercial offers (Starter, Pro, Business).
  • "Subscription Month" means the 30-consecutive-day period from activation or the last renewal.
  • "Subprocessor" means any third party to which ark.swiss Sàrl entrusts all or part of the processing of personal data on behalf of the Customer.

2. Purpose and description of the Service

arkplan is a multi-instance SaaS solution for appointment booking, contact management (CRM), calendar and invoicing, aimed at freelancers and SMEs. Each Customer receives an isolated Instance hosted in Switzerland. ark.swiss Sàrl grants the Customer a personal, non-exclusive, non-transferable right to use the Service for the duration of the subscription.

3. Account creation and registration

Registration requires accurate information and email verification. The Customer is solely responsible for the confidentiality of its credentials and for any activity performed from its account. The Customer shall promptly notify ark.swiss Sàrl of any unauthorised use.

4. Financial terms

4.1 Plans and pricing

Plans and prices are as follows, excluding VAT:

  • Starter: CHF 19 / month excl. VAT
  • Pro: CHF 39 / month excl. VAT
  • Business: CHF 79 / month excl. VAT

ark.swiss Sàrl is subject to Swiss VAT (number CHE-139.880.181 TVA). The standard VAT rate of 8.1% is added to each invoice, in accordance with the Swiss Federal VAT Act (VATA).

4.2 Payment methods

Payments are processed by card via Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland.

4.3 Due date

The subscription is payable in advance by automatic monthly charge on the anniversary date of the subscription.

4.4 Late payment

In the event of late payment, the Customer is put on notice in accordance with Art. 102 of the Swiss Code of Obligations (CO). Default interest at the statutory rate of 5% per year is automatically due (Art. 104 CO). ark.swiss Sàrl reserves the right to suspend access to the Service after 15 days of delay, without prejudice to other remedies.

5. Price revision

ark.swiss Sàrl reserves the right to revise its prices subject to 30 days' prior notice by email. A Customer refusing the change may terminate the subscription free of charge before the effective date.

6. Customer obligations

  • Use the Service loyally, lawfully and in accordance with its intended purpose.
  • Refrain from circumventing security mechanisms, reverse engineering, or overloading the infrastructure.
  • Remain solely responsible for the lawfulness and accuracy of the Customer Content, including under data protection law.
  • Maintain the confidentiality of its and its Users' credentials.
  • Be liable for acts and omissions of its Users as if they were its own.

7. Obligations of ark.swiss Sàrl

  • Provide the Service in accordance with its description and industry best practice.
  • Provide corrective and evolutive maintenance.
  • Provide email support at [email protected], with an indicative response time of 1 to 2 business days.
  • Host application data in Switzerland (see clause 9).

8. Availability and service level

ark.swiss Sàrl undertakes, as a best-effort obligation, to maintain a monthly availability rate of 99.5%, calculated on a rolling monthly basis. The following are excluded:

  • Planned maintenance windows, announced at least 48 hours in advance.
  • Interruptions due to force majeure (clause 14).
  • Interruptions attributable to the Customer, its Users or any third party acting on its behalf.
  • Interruptions attributable to a Subprocessor listed under clause 9.

In version 1 of the Service, no contractual service credit is granted for failures to meet the availability commitment. A credit mechanism will be introduced in version 2.

9. Data protection

In performing the Service, the Customer acts as data controller within the meaning of Art. 5 lit. j of the Swiss Federal Act on Data Protection (FADP) and Art. 4 §7 of the General Data Protection Regulation (GDPR). ark.swiss Sàrl acts as data processor within the meaning of Art. 5 lit. k FADP and Art. 28 GDPR.

Processing conditions are governed by the Privacy Policy and the Data Processing Agreement (DPA), which forms an inseparable annex to these Terms.

ark.swiss Sàrl uses the following Subprocessors:

  • Infomaniak Network SA (hosting and transactional SMTP), Geneva, Switzerland.
  • Stripe Payments Europe Ltd. (payment collection), Dublin, Ireland.
  • Umami, self-hosted by ark.swiss Sàrl on analytics.ark.swiss (cookieless analytics), Switzerland.

10. Intellectual property

The Service, including its source code, trademarks, design, documentation and graphic elements, remains the exclusive property of ark.swiss Sàrl. Nothing in these Terms shall be construed as a transfer of such rights.

Customer Content remains the exclusive property of the Customer. The Customer grants ark.swiss Sàrl a strictly limited, non-exclusive and free licence solely for hosting, backing up and operating the Service during the subscription.

11. Confidentiality

Each party shall keep confidential any non-public information received from the other party during the performance of these Terms, for the duration of the contract and for a period of 5 years after its termination.

12. Liability

ark.swiss Sàrl's contractual liability towards the Customer, for any cause whatsoever, is limited to the total amount of subscriptions actually paid by the Customer during the 12 months preceding the triggering event. Indirect damages, in particular loss of revenue, loss of clientele, commercial prejudice or reputational harm, are excluded.

These limitations do not apply in the event of wilful misconduct, gross negligence, or harm to life, bodily integrity or health, in accordance with Article 100 of the Swiss Code of Obligations. They also do not apply to mandatory data protection obligations.

13. Duration, termination

The contract is concluded for an indefinite term and billed monthly. The Customer may terminate at any time from its dashboard, with effect at the end of the current Subscription Month. No minimum commitment applies.

Upon termination:

  • Access to the Instance is suspended.
  • The Customer may request an export of its data for 30 days.
  • After that period, Customer Content is permanently deleted.
  • Invoices issued by ark.swiss Sàrl are retained for 10 years pursuant to the statutory obligation in Art. 958f CO, a duty that prevails over the right to erasure.

ark.swiss Sàrl reserves the right to terminate the contract with immediate effect in the event of a material breach by the Customer, in particular persistent non-payment or unlawful use of the Service.

14. Force majeure

Neither party shall be liable for a failure to perform resulting from a force majeure event, meaning an unforeseeable, irresistible and external event, including natural disasters, massive cyberattacks affecting essential third parties, administrative decisions, or widespread power or telecommunications outages.

15. Amendment of the Terms

ark.swiss Sàrl reserves the right to amend these Terms. Any material amendment is notified by email at least 30 days before entry into force. A Customer refusing the amendment may terminate free of charge before the effective date; failing that, continued use constitutes acceptance.

16. Miscellaneous

If any clause of these Terms is held invalid or unenforceable, the remaining clauses shall remain in full force. These Terms, together with the Privacy Policy and the DPA, constitute the entire agreement between the parties. ark.swiss Sàrl may assign the contract in the context of a merger, demerger or business transfer; the Customer may not assign the contract without ark.swiss Sàrl's prior written consent.

17. Governing law and jurisdiction

These Terms are governed exclusively by Swiss law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

Any dispute shall be submitted to the exclusive jurisdiction of the courts of Lausanne, canton of Vaud, subject to the mandatory consumer forum under Article 35 of the Swiss Code of Civil Procedure (CCP).

18. Contact

ark.swiss Sàrl
Chemin de la Duchesne 13, 1806 St-Légier, canton de Vaud, Suisse
Phone: +41 78 448 60 02
Email: [email protected]

In case of discrepancy between language versions, the French version prevails.