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§99 Legal REF. ARKSTOCK-LEGAL-CONDITIONS-UTILISATION

Terms of Service

Last updated : 14 April 2026.

1. Definitions

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

  • "ark.stock" or "Service" means the SaaS software suite operated by ark.swiss sàrl, comprising the products ark.stock Compta, ark.stock Fiduciaire and, forthcoming, ark.stock Budget, available on arkstock.ch and associated subdomains.
  • "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 (container + dedicated 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 subscribed commercial offers (per product).
  • "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.stock is a multi-product SaaS suite for Swiss freelancers, SMEs and fiduciary firms, covering AI-assisted accounting (ark.stock Compta), fiduciary workflow (ark.stock Fiduciaire) and budget management (ark.stock Budget, forthcoming). 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 detailed on each product's pricing page (Compta, Fiduciaire). Prices are excluding 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. Annual subscriptions may also be paid by bank transfer against invoice upon request.

4.3 Due date

The subscription is payable in advance. Monthly subscriptions are charged on the anniversary date; annual subscriptions are paid upfront for the covered period.

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 and applicable accounting and tax obligations.
  • 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 info@arkstock.ch, 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 the initial version of the Service, no contractual service credit is granted for failures to meet the availability commitment. A credit mechanism may be introduced later.

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, for B2B customers, by the Data Processing Agreement (DPA), which forms an inseparable annex to these Terms.

ark.swiss sàrl uses the following Subprocessors:

  • Infomaniak Network SA (hosting, database, transactional SMTP), Geneva, Switzerland.
  • Stripe Payments Europe Ltd. (payment collection), Dublin, Ireland (EU).
  • Cloudflare, Inc. (CDN, DNS, network protection), San Francisco, USA — adequacy decision and standard contractual clauses applicable.
  • OpenAI Ireland Ltd., Anthropic Ireland Ltd. and Google Cloud EMEA Ltd. (AI models for accounting categorisation and assistance), when the Customer enables AI features — processing within the EU/Switzerland where possible, with no training on Customer data.
  • Umami Analytics, self-hosted by ark.swiss sàrl on analytics.ark.swiss (cookieless audience measurement), Switzerland.

10. Intellectual property

The Service, including its source code, trademarks ("ark.stock", "ark.swiss"), 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. ark.swiss sàrl does not use Customer Content to train artificial intelligence models.

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 according to the chosen cadence (monthly or annual). The Customer may terminate at any time from its dashboard, with effect at the end of the current billing period. No minimum commitment applies to monthly subscriptions; annual subscriptions terminate at the end of the current annual term.

Upon termination:

  • Access to the Instance is suspended.
  • The Customer may request an export of its data (open formats: JSON, CSV, and for ark.stock Compta: native Crésus export) 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, 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
Email: info@arkstock.ch
Website: https://arkstock.ch

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