Terms and conditions

1. Scope

These T&C apply to all services provided by Arkneys Agency: audits (“Express Audit”), design, deployment, operation and maintenance of artificial-intelligence agents, and related consulting services. They are addressed exclusively to business clients (B2B).

2. Services

• Express Audit: a 3-day analysis, remote or on site, resulting in a written deliverable and a firm quote for any follow-up.
• AI agent deployment: design and production rollout of agents calibrated on the client's business, within the scope defined in the quote (setup phase).
• Operation and maintenance: hosting, supervision, continuous optimisation and support, as a monthly subscription.

The exact scope, deliverables and timelines are defined in the signed quote, which prevails over these T&C in case of divergence.

3. Pricing and quotes

Prices are communicated on request, in Swiss francs (CHF), after an initial scoping conversation. Depending on the package, they comprise a setup fee and a monthly operating fee.

The Express Audit fixed fee is communicated after the first conversation; it is deducted from the setup fee if the client proceeds with a deployment project following the audit.

Prices are exclusive of VAT where applicable. Quotes are valid for 30 days.

4. Formation of the contract

The contract is formed when the client signs the quote, or failing that through any written agreement (including email) constituting acceptance. The DPA (data processing agreement) is signed before any actual data processing begins.

5. Term and termination

Unless stated otherwise in the quote, the operating subscription includes an initial 12-month commitment. Thereafter, the contract renews tacitly quarter by quarter, and either party may terminate it as of the end of each calendar quarter with 30 days' written notice.

Upon termination, Arkneys Agency returns to the client everything that belongs to them (Brand Bible, histories, data), with no proprietary lock-in.

6. Payment terms

The setup fee is invoiced upon order. Monthly fees are invoiced monthly or quarterly in advance. Invoices are payable within 30 days net.

In the event of late payment, default interest of 5% per annum (art. 104 Swiss Code of Obligations) applies after formal notice. Arkneys Agency reserves the right to suspend services after notification in case of persistent non-payment.

7. Client obligations

The client undertakes to provide in due time the access, content and information necessary to perform the services, to designate a contact person, and to carry out human validation of generated content where the setup provides for it. The client remains responsible for the final use of content validated and published under its name.

8. Data protection

A DPA compliant with art. 9 FADP and art. 28 GDPR is signed before any project starts. Mandate data is hosted exclusively in Switzerland (Infomaniak). No client data is used to train third-party models. A record of processing activities is kept for each mandate. See also our privacy policy.

9. Confidentiality

Each party undertakes to keep confidential the non-public information of the other party obtained under the contract. Arkneys Agency does not cite any client as a reference without their prior written consent. A separate NDA can be signed on request, free of charge.

10. Intellectual property

Upon full payment, the client holds the rights of use over the specific deliverables created for them (configurations, business prompts, content, Brand Bible). Generic components, methods, libraries and know-how developed by Arkneys Agency remain its exclusive property and may be reused.

11. Warranties and liability

Arkneys Agency is bound by an obligation of means. AI systems can produce inaccurate results; that is precisely why human validation is planned at the start of every setup. No quantified performance level is guaranteed unless committed to in writing in the quote.

The total liability of Arkneys Agency, on any grounds, is limited to the amounts actually paid by the client over the last 12 months. Indirect damages (loss of profit, of clientele, or of data attributable to a third party) are excluded. Cases of wilful misconduct or gross negligence remain reserved (art. 100 Swiss Code of Obligations).

12. Subcontracting

Arkneys Agency may use subcontractors (hosting, AI model providers) in compliance with the DPA. It remains solely responsible to the client for the proper performance of the services.

13. Force majeure

Neither party is liable for non-performance due to a force majeure event (disaster, major third-party infrastructure failure, decision of an authority). Obligations are suspended for the duration of the event.

14. Applicable law and jurisdiction

These T&C are governed by Swiss law, excluding conflict-of-law rules and the Vienna Convention. The exclusive place of jurisdiction is Zurich, Switzerland, subject to mandatory forums.