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§ 01/06 // Legal [ARKPLAN-LEGAL-TERMS]

Terms of Service

Last updated : 13 July 2026

  • / Last updated 13 July 2026
  • / Jurisdiction CH · Vaud
  • / Authoritative lang. French
  • / Reference ARKPLAN-LEGAL-TERMS

Last updated: 2026-07-13

1. Definitions

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

  • "ark.plan" 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 accepting a quote or contractual offer for 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.
  • "Contractual Scope" means the modules, services, users, financial terms and setup arrangements described in the accepted quote.
  • "Effective Date" means the contract start date stated in the accepted quote or agreed in writing by the parties.
  • "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

ark.plan 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 contract and within the Contractual Scope.

3. Service setup and account creation

The Service is made available after the quote is accepted and according to its terms. Account creation 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 Scope and quote

Before making the Service available, ark.swiss Sàrl issues a quote describing the Contractual Scope, price, applicable taxes and invoicing terms. The contract is concluded when the Customer accepts the quote in writing or through the acceptance method stated in it.

ark.swiss Sàrl is subject to Swiss VAT (number CHE-139.880.181 TVA). Applicable VAT is stated in the quote and on each invoice in accordance with the Swiss Federal VAT Act (VATA).

4.2 Invoicing and payment methods

The invoicing schedule, accepted payment methods and any fees are specified in the accepted quote or the corresponding invoice.

4.3 Due date

Invoiced amounts are due on the dates and within the periods stated in the accepted quote or invoice.

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

Any change to the Contractual Scope or its price is set out in a written proposal. It applies after acceptance by the Customer, subject to mandatory tax or legal changes.

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 our contact form, 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.
  • 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 contract.

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 actually paid by the Customer under the contract 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 accepted quote specifies the duration, renewal and termination terms. Where it contains no specific provision, the contract is concluded for an indefinite term and either party may terminate it in writing with 30 days' notice.

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 may propose an amendment to these Terms. Any material amendment applying to an ongoing contract is communicated in writing and requires the Customer's acceptance, subject to changes required by law.

16. Miscellaneous

If any clause of these Terms is held invalid or unenforceable, the remaining clauses shall remain in full force. The accepted quote, these Terms, 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: our contact form

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