Subscription: registration by the Customer of his/her data to have an online account. Subscription entitles the Customer to a licence to use the Products.

Online account: exists as soon as the person who has subscribed to an online account receives a login and password to access the Products.

Customer: any person who subscribes to an online account for paid or free use of the Products. The person may be a representative of a legal entity; in this case, the Customer is the legal entity.

User licence: (also referred to as a licence) is a right to access and use the Products. The licence may be free or paying. The licence does not give any intellectual property rights over the Products. The user licence binds the Client to the Company. The fact of having a licence obliges the Client to comply with these General Terms and Conditions.

The General Terms and Conditions define the terms and conditions of access and use by the Client to the arketiks applications offered by the Company. Upon subscription to an online account, the Client is obliged to comply with these General Conditions.

The Client may choose between two types of licence to use the Products. The free licence and the paying licence.

With the free licence, the Customer has a free licence for a single use of the Products. The functionalities of the Products made available free of charge may be limited. In addition, a watermark containing the “arketiks” logo is displayed on the content of the Customer’s work using the Products. The free licence Client is considered to be a Client under these General Terms and Conditions and must therefore comply with them.

With a paying licence, the Client uses the price calculator on the arketiks site to define the number of users who will have access to the Products. He then confirms his subscription and makes the payment, opening the rights to the number of users determined at the time of subscription.

The Customer may be an individual or a legal entity. He is the sole contracting party with the Company.

As soon as a person has access to use the Products, he becomes a Client of the Company and must comply with these General Terms and Conditions, regardless of whether he has subscribed to a free or paying licence.

The Client who has subscribed to a paying licence is responsible for the payments due.

Where the Customer is a legal entity, access to the Products is only authorised to the Customer’s employees. Where the Customer is a natural person, the latter is not authorised to provide access to the Products to a third party.

Where the Customer is a legal entity, the users (hereinafter referred to as “Users”) for whom the Customer has subscribed access to the Products must also comply with these General Terms and Conditions. In the event of non-compliance with the General Terms and Conditions by the Customer’s Users, the Customer assumes full responsibility.

The Customer must provide his/her full identity, a valid email address and all the mandatory information required to create an online account.

The licence to use the Products is granted to the Customer. The Customer is provided with a login and password. The paying licence is associated with a defined number of Users, each of whom has specific access linked to their email address. The licence does not allow simultaneous access to the Products by several Users with the same email/password.

Under a paying licence, the Customer may at any time add access to the Products for additional Users via the dedicated interface on my.arketiks.com. The subscription price will be updated to reflect the new number of Users.

Accounts created by robots or automatic methods are strictly prohibited.

The Company carries out daily maintenance operations on the Products, except at weekends and on Swiss public holidays.

The Client’s personal data, collected during the use of the Products, is stored on secure equipment in application of technical standards that comply with the rules of the art and this for the entire duration of the licence.

The Company undertakes not to distribute, reproduce or share the achievements of Customers and Users of its Products.

In the event of any doubt as to the compliance of the content hosted in accordance with these General Terms and Conditions and in view of its responsibilities as a data host, the Company reserves the right to consult the content placed online by Clients and Users.

As soon as the licence to use the Products is not renewed by the Client, the Company will delete all of the Client’s and Users’ works hosted by the Company.

Throughout the subscription period for a paying licence to the Products, the Company provides technical support to Clients. Access to support is available Monday to Friday from 9am to 6pm, with an average response time of 1 working day.

If the bandwidth and storage space used by the Client and its Users significantly exceeds the average usage (determined by the Company) of the Company’s other clients, the Company reserves the right to immediately deactivate the Client’s account.

The Customer declares and guarantees that he/she is fully aware of the characteristics and constraints of the Internet and the response times for consulting, querying or transferring information. The Customer declares that he/she has been informed of the security measures put in place by the Company, but acknowledges that due to the characteristics of the Internet, security is, for the Company, an obligation of means. In particular, the Company cannot be held responsible for the unavailability of Products due to the actions of its service providers.

The Customer confirms that he/she is interested in using the Products for communication or training activities for his/her employees, partners or customers or for any other use within the scope of these General Terms and Conditions. The Customer is not authorised to use the Products to test their performance and functionality with a view to offering competing products/services.

When using the Products, the Customer undertakes, for himself/herself and his/her Users, not to pursue illegal activities, download, transmit or disseminate content that is illegal, malicious, misleading, offends public decency, third parties or their rights, or encourages the pursuit of illegal activities.

The Customer is responsible for his or her data, for any content that he or she or his or her Users disseminate or for the use that the Customer or his or her Users make of the Products and, more generally, for the Customer’s and Users’ compliance with regulations.

The free licence is concluded for an indefinite period commencing on the date on which the Customer account is created.

This free licence is intended to enable the Customer to test the functionality of the Products. In order to provide a quality service to all its Customers, the Company analyses the frequency of use of its Products. If it is established that the Customer is not actively using the Products, the Company reserves the right to unilaterally close inactive accounts. An email announcing the account closure will be sent 1 week before the effective closure of the account decided by the Company. The Customer may then request that their account be extended.

The paid licence is established for a period of use of 1 month or 1 year, depending on the Customer’s choice of billing period. In the case of monthly billing, the duration of the licence is defined as one month. Renewal of the licence is automatic from one month to the next, except in the event of default of payment by the Customer. In the case of annual invoicing, the licence is automatically renewed every year. No reimbursement may be requested from the Company if the Client no longer wishes to use the Products when the licence has not yet expired.

When the licence, whether free or paying, comes to an end, all the Client’s and Users’ achievements stored through the Products will be deleted. To avoid any loss, it is recommended that the Customer

In the event of non-compliance by the Client or its Users with any of the obligations incumbent upon them individually or collectively under these General Terms and Conditions, the Company reserves the right to immediately suspend access to the Products. This right of suspension is without prejudice to the Company’s other remedies, in particular its right to terminate the user licence.

In the event of late payment of the licence, the Company reserves the right to suspend access to the Products. The licence will be terminated in the event of non-payment of the sum due, which has not been settled after formal notice.

Termination of the user licence, whether free of charge or subject to payment, will result in the immediate deletion of all the Client’s and Users’ works stored in the Products.

When subscribing to a paying licence, the Customer pays in advance the price allowing the use of the Products for the duration chosen by the Customer (monthly or annual automatically renewable licence).

Payment is made at each new due date chosen by the Customer by direct debit from the Customer’s credit card.

The Company reserves the right to revise the price of access to the Products by notifying the Customer by email. Such a price change may only be made when the licence is renewed (monthly or annually). The Company will notify the Customer 30 days before the price change. The Client thus has the option of not renewing its user licence. If the Client does not react, the Company will consider that the Client accepts the new price.

The Company communicates with the Client by email via the Client’s email address provided when subscribing to the free or paying licence. The Client will use the “client@arketiks.com” email address to communicate with the Company.

The Company communicates only with the Client and not with Users.

If these General Terms and Conditions are modified, the Company will inform the Client at the Client’s email address.

The Customer retains full ownership of the data and content that it and its Users integrate by using the Products. Upon termination of the user licence, the Customer must make backups to preserve his files.

For the Products, all copyrights, trademarks and other intellectual property rights (whether registered or not) as well as any other property right or other right relating to the Products, the user guides and the related documentation are and will remain in all circumstances the exclusive property of the Company.

The use of the Products does not give the Customer and its Users any rights to the ownership of the Products, including intellectual property rights.

The Company guarantees that it has all the rights necessary for the Customer to have access to the Products, provided that the Customer uses this access in accordance with the provisions of these General Terms and Conditions.

The Products are accessed remotely, via the Internet, in the form of “Service as a Software” or SaaS.

The use of identifiers and passwords (hereinafter, the “Access Codes”) will be required to access the Products at each connection.

The Customer is solely responsible for the safekeeping, security and integrity of the Access Codes communicated when opening his/her account.

The Company reserves the right to suspend access to the Products in the event of legitimate suspicion of fraudulent use or attempted fraudulent use of the Products. The Company will inform the Customer as soon as possible of any such situation. The Company reserves the right to inform the relevant authorities.

The Parties acknowledge that, notwithstanding the high standards of security provided by AWS data centres (an Amazon service):

(i) data transmitted over the Internet travels over independent electronic communications networks with varying characteristics and capacities and which are sometimes overloaded,

(ii) the Internet is an open network and, as a result, information transmitted by this means is not protected against the risks of misappropriation, fraudulent, malicious or unauthorised intrusion into the Customer’s information system, hacking, unauthorised extraction or alteration of data, system programmes and files, or contamination by computer viruses, and

(iii) it is the Customer’s responsibility to take all appropriate measures, including raising awareness and monitoring the activities of its Users, in order to protect its information system and their data against contamination by viruses and attempts at unauthorised intrusion by third parties.

Consequently, the Customer uses access to the Products at its own risk.

The Company may only be held liable for its own acts under the user licence and may not be held liable for any indirect damage that may arise from the use of the Products, including loss of profits, profit, image, clientele, activity, reputation or expected gain, time spent by employees or service providers or loss of chance.

The Company may not be held liable for content of any kind whatsoever provided or made accessible by the Customer and its Users via the Products (hereinafter, the “Content”). The Client acknowledges its responsibility for the Content and guarantees the Company against any claim or action by a third party relating to the Content. The Client shall indemnify the Company against all consequences (damages, costs, including legal fees, etc.) or any sentence pronounced in favour of the latter against the Company by an enforceable court decision.

The Company guarantees the Client that the Client’s Content will under no circumstances be sold and/or transferred to a third party.

In addition, the Company may not be held liable for the transmission or quality of transmission of data, the quality and availability of data transmission networks or interruptions in service, blockages or interruptions in the means of transmission and telecommunications or the inaccessibility of the Products due to a technical problem.

The Parties shall not be liable in the event of impossibility of access to and use of the Products due to a case of Force Majeure, as defined by Swiss case law. In addition, any act of terrorism, war, whether foreign or civil, earthquake, aircraft crash, fire, flood, storm or any state of natural disaster, strike outside the Party invoking the case of Force Majeure, deterioration, suspension or alteration of the Service, or any other event or circumstance, shall be deemed to be cases of Force Majeure, energy restrictions, governmental, legal or regulatory restrictions, and more generally any facts or events beyond the Company’s control that prevent access to and use of the Products.

If a case of Force Majeure is prolonged beyond thirty (30) consecutive days, each Party will have the option of terminating its user licence by notifying the other Party by e-mail. No reimbursement may be requested from the Company for payments already made.

Access to and use of the Products may give rise to the collection and processing of personal data, the use of which is subject to the Swiss provisions of the applicable data protection laws. The Company guarantees the Client that personal data relating to the Client and its Users will only be disclosed to persons responsible for the maintenance of the Products. The Company guarantees the Client that the personal data relating to the Client and its Users and for which the Company is the data controller will under no circumstances be sold and/or transferred to a third party.

The Client undertakes to inform its Users that they have the right to access and rectify their personal data. This right may be exercised by contacting the Company under the conditions laid down by law.

The Company has published a personal data protection policy. The document is available here and at the foot of the arketiks.com website. This personal data protection policy forms an integral part of these General Terms and Conditions.

Except with the prior written agreement of the other Party, each Party undertakes not to assign or transfer to a third party all or part of its rights or obligations arising from a subscription to a user licence.

The Customer acknowledges and accepts that the Company may call upon subcontractors and use agents for the purposes of executing the licence to use the Products.

If any provision of these General Terms and Conditions is or becomes illegal, invalid or unenforceable, this will in no way affect the validity or enforceability of any other provision of the General Terms and Conditions.

These General Terms and Conditions replace any previous General Terms and Conditions.

The use of the Products and the application of these General Terms and Conditions are subject to Swiss law, which shall also govern their interpretation and application. The place of jurisdiction is Geneva.