Terms and Conditions of Sale and Use (Terms)
Effective from 15 July 2026. English is provided for convenience. In case of conflict, the French version prevails before the courts of the Canton of Vaud (Lausanne area).
Preamble
These Terms and Conditions of Sale and Use (hereinafter the “Terms”) govern the use of the SaaS application “Arca Maestro”, published and operated by ARCA Entreprise Sarl, a Swiss company with registered office in Préverenges (Canton of Vaud, Switzerland) (hereinafter “ARCA”).
The Arca Maestro service is exclusively reserved for professional (B2B) customers acting in the course of their commercial, industrial, craft, liberal or agricultural activity (hereinafter the “Client”).
Article 1. Acceptance of the Terms
Use of Arca Maestro implies the Client’s full and unreserved acceptance of these Terms. Acceptance is evidenced by checking the corresponding box (“I accept the Terms and Conditions of Sale and the DPA”) during registration and entry of payment details. ARCA expressly rejects any of the Client’s own general purchasing conditions.
Article 2. Trial period and Subscription
2.1 Free trial period
Upon first registration, the Client benefits from a free trial period of fifteen (15) consecutive calendar days to evaluate Arca Maestro’s features. During this period, the Client has access to the features included in the offer.
2.2 Automatic conversion
At the end of the 15-day trial, unless the Client expressly terminates from their administrator area before that deadline, the trial automatically converts into a paid subscription billed according to the options chosen at registration.
Article 3. Financial Terms and Payment
3.1 Pricing
Applicable prices are those in force on the day of subscription or renewal. The Client may choose between two billing cycles:
- Monthly subscription.
- Annual subscription (with a 5% discount on the averaged monthly rate).
3.2 Payment methods
Payment is made exclusively by card via the secure payment provider Stripe. Invoices are payable in advance at the start of each billing period (monthly or annual).
Article 4. Term, Renewal and Termination
4.1 Tacit renewal
The subscription is entered into for the duration selected by the Client (1 month or 1 year). At expiry, it is tacitly renewed for successive periods of the same duration, unless terminated.
4.2 Termination
The Client may terminate the subscription at any time, independently, directly from the administrator area settings. Termination takes effect at the end of the current billing period. No pro‑rata refund is made for the period already started.
Article 5. Service Level (SLA) and Hosting
5.1 Availability
ARCA undertakes to use best efforts (obligation of means) to keep Arca Maestro available 24/7. However, ARCA does not guarantee uninterrupted operation and shall not be liable for interruptions due to maintenance, third-party host hardware failures, or the Client’s internet connection.
5.2 Hosting
Arca Maestro’s infrastructure is hosted on secure servers located in Germany, ensuring data protection consistent with European and Swiss standards.
Article 6. Data Processing and EBICS-Specific Security
6.1 Separation of access (EBICS protocol)
The application allows bank data synchronisation via the EBICS protocol. The Client is formally informed and accepts that configuration of this protocol is exclusively under the control of their Administrator. ARCA, its directors, employees or subcontractors have no access whatsoever to the Client’s bank data, balances, transactions or EBICS credentials. Such data is processed in encrypted form according to banking standards, limiting ARCA’s role to providing the software infrastructure.
6.2 Confidentiality
ARCA expressly refrains from any resale, sharing or commercial exploitation of contact data (names, addresses, phone numbers) entered by the Client into the application.
Article 7. Reversibility and Fate of Data
7.1 Export
Throughout the contract and until termination, the Client may export all of their data (contacts, directories) free of charge in a standard format (CSV) from the administrator interface.
7.2 Deletion
After subscription termination, Client data is retained in a secure inactive environment for one (1) year. At the end of that period it is permanently destroyed. The Client may nevertheless require immediate destruction upon termination by written request to ARCA.
Article 8. Governing Law and Jurisdiction
These Terms and the relationship between ARCA and the Client are governed exclusively by Swiss substantive law.
In the event of a dispute relating to the interpretation, formation, performance or termination of these Terms, the parties shall seek an amicable solution. Failing that, exclusive jurisdiction is conferred on the ordinary courts of the Canton of Vaud (Switzerland), with venue in Préverenges or the judicial district of ARCA’s registered office (Lausanne area), subject to appeal to the Swiss Federal Supreme Court. The French version of these Terms prevails.
Annex. Data Processing Agreement (DPA)
Compliance with the Swiss nFADP and the EU GDPR.
1. Definitions and Roles
This DPA forms an integral part of the Arca Maestro Terms. In connection with use of the application:
- The Client acts as Controller. The Client determines the purposes and means of processing the personal data they enter into the application.
- ARCA Entreprise Sarl acts as Processor. It processes personal data only on behalf of and under the documented instructions of the Client.
2. Nature and Purpose of Processing
ARCA undertakes to process data solely to provide the software service (hosting, backup, display) as described in the Terms. Categories of data processed include identification and contact data (names, addresses, phone numbers) of third parties entered by the Client.
3. ARCA’s Obligations (Processor)
ARCA expressly undertakes to:
- Process data only on the Client’s lawful instructions.
- Ensure the confidentiality of processed data.
- Implement technical and organisational measures to protect data against accidental destruction, loss, alteration or unauthorised disclosure.
- Never access bank data linked to EBICS contracts, in accordance with the software’s technical architecture.
- Assist the Client, where reasonably possible, in responding to data-subject requests (access, rectification, erasure).
4. Sub-processing
The Client authorises ARCA to engage the following sub-processors for specific processing activities:
| Partner / Sub-processor | Role and service | Data location |
|---|---|---|
| Hosting provider (e.g. AWS, Hetzner, etc.) | Hosting of application databases | Germany |
| Stripe | Secure payment and subscription processing | European Economic Area (EEA) / United States |
5. Personal data breach notification
In the event of a personal data breach, ARCA undertakes to notify the Client without undue delay after becoming aware of it, so the Client can meet its own legal notification obligations towards the FDPIC or the CNIL.
6. Fate of data
As set out in Article 7 of the Terms, at the end of the services ARCA undertakes to keep data inactive for 1 year (to facilitate reversibility) before permanent destruction. Upon the Client’s written request, ARCA will destroy the data immediately, unless Swiss law requires retention.