Terms of Use

1. Acceptance of Terms

By accessing or using Arklens services, you agree to be bound by these Terms of Use. If you do not agree to these terms, please do not use our services.

2. Free Website Programme

2.1 Programme Description

Arklens offers a Free Website Programme as a promotional service. This programme includes the creation of a basic professional website and free hosting. The programme is designed to help Swiss small businesses establish an online presence.

2.2 Programme Status and Changes

The Free Website Programme is a promotional offering and is not guaranteed to continue indefinitely. Arklens reserves the right to modify, suspend, or discontinue the programme at any time, subject to the notice period in Section 2.3. We may make changes to:

• The scope of services included in the free programme
• Eligibility criteria for new participants
• Technical specifications or hosting arrangements
• The programme’s continuation or termination

2.3 Notice Period for Programme Changes

If Arklens decides to end the Free Website Programme or discontinue free hosting for existing customers, we will give you at least 60 days’ advance notice by email to the address you provided.

Shorter notice or immediate action is possible only where it is required for urgent security, legal, misuse or operational reasons, for example in cases of:

• Security threats or vulnerabilities
• Legal or regulatory requirements
• Urgent technical issues affecting service stability
• Serious or repeated misuse or abuse of the service, or a material breach requiring immediate action

2.4 No Retrospective Charges

Arklens will never charge you retrospectively for services that were previously provided to you free of charge under the Free Website Programme. If the programme ends or changes, any charges will only apply from the date you agree to new paid terms going forward.

2.5 Your Options if the Programme Ends

If Arklens discontinues the Free Website Programme or your participation in it, you have several options:

• Continue with Arklens under paid terms: If we offer a paid service option, you may choose to continue using Arklens services under the new paid terms. This requires your explicit agreement to the new pricing and terms before any charges begin.
• Assume hosting and infrastructure costs: You may choose to take over the hosting and technical infrastructure costs directly, either with Arklens or another provider of your choice. Operating the existing Arklens-built website outside Arklens requires a separate agreement under Section 5.5.
• Migrate to another provider: You may migrate your website to another hosting provider or web development service. Arklens will provide reasonable technical assistance during the handover period.
• Discontinue the website: You may choose to discontinue your website entirely.

2.6 Agreement to Future Paid Services

Any transition from the Free Website Programme to a paid service requires your explicit written agreement to the new terms and pricing before charges begin. We will clearly communicate:

• The new pricing structure
• What services are included
• When charges will begin
• Payment terms and billing frequency
• How to decline and explore other options

2.7 Domain Ownership

Your domain name always remains your property. You are responsible for purchasing and renewing your domain through a domain registrar of your choice. Arklens may assist with domain setup and configuration, but you retain full ownership and control. You may transfer your domain to another provider at any time, subject to your registrar’s policies.

2.8 Third-Party Costs

While the Free Website Programme includes website creation and hosting, you remain responsible for certain third-party costs unless explicitly stated otherwise in writing. These may include:

• Domain registration and renewal fees
• Business email services
• Premium APIs or third-party integrations
• External databases or storage beyond basic hosting
• Premium software licenses or plugins
• Payment processing fees
• SMS, voice, or other communication services

2.9 Migration and Technical Assistance

If you choose to migrate your website to another provider, Arklens will provide reasonable technical assistance during the transition period. This may include:

• Providing your business content, customer-owned assets and business data
• Guidance on DNS configuration
• Reasonable support during the handover period
• Documentation of technical specifications

Arklens source code, templates and reusable components are not automatically included in a migration. See Section 5.5 for source-code transfer options.

Arklens is not responsible for the migration process itself or any issues arising from your new hosting arrangement.

2.10 Fair Use: No Resale or White-Labelling

The Free Website Programme is intended to help eligible businesses improve their own digital presence, and is provided for the participating business’s own use. It may not be used to:

• Obtain development work for resale
• White-label Arklens work
• Supply free development to another company’s client
• Transfer Arklens websites to unrelated third parties
• Incorporate Arklens source code into another provider’s commercial offering
• Circumvent normal paid development work

Subject to Section 9, Arklens may reject, suspend or discontinue participation if it reasonably believes the programme is being used in this way. Your domain, business content and customer-owned assets remain yours in all cases.

3. Service Exit and Data Portability

3.1 Your Right to Leave

You may terminate your use of Arklens services at any time for any reason. Arklens does not hold your business assets hostage: your domain and business content are always yours to take with you. If you leave:

• Your domain remains yours
• Your customer-owned content and assets remain yours
• Arklens provides reasonable migration assistance
• Arklens source code and reusable intellectual property remain Arklens property unless separately transferred under Section 5.5

3.2 Handover Options

When you leave Arklens, whether by your choice or due to programme changes, you have three clear options:

Option A: Continue with Arklens (Paid Service)

If Arklens offers a paid hosting or maintenance plan, you may choose to continue under paid terms. No paid service begins without your explicit written agreement to the pricing and terms. You will receive clear information about costs, services included, billing schedule, and how to decline if you prefer other options.

Option B: Self-Host Your Website

You may move your online presence to infrastructure you manage yourself. Arklens will provide your Customer Asset Package (Section 3.3) and reasonable assistance at no additional charge. If you wish to keep running the existing Arklens-built website rather than rebuild it, a source-code transfer or Migration Package can be agreed separately (Section 5.5).

Option C: Move to Another Provider

You may move to another web development or hosting company. Arklens will provide your Customer Asset Package and will cooperate with your new provider where appropriate. Arklens source code, templates and reusable components are not automatically included; your new provider may build on your content, or a source-code transfer can be agreed separately (Section 5.5).

3.3 Customer Asset Package

When you choose Option B or Option C, Arklens will provide a Customer Asset Package containing what belongs to you:

• Your business text and content (services, opening hours, contact details, descriptions)
• Your logos, photos, images and other media you provided
• Business and customer data held for you by Arklens (for example, form submissions)
• A list of your page addresses, to help your new setup preserve links and search visibility
• Your current DNS settings and DNS configuration guidance

3.4 What Is Not Included

Unless separately agreed in writing under Section 5.5, the Customer Asset Package does not include:

• Arklens source code, templates, reusable components or design systems, including the compiled website build
• Arklens development frameworks, automation scripts, deployment systems or internal tools
• Other customers' code, data, or intellectual property
• Access to Arklens Cloudflare accounts or infrastructure

3.5 Handover Assistance

As part of your service agreement, Arklens provides reasonable handover assistance at no additional charge:

• Preparation and delivery of your Customer Asset Package (typically within 1-2 business days)
• Technical support sessions (up to 1-2 hours) to assist with your transition
• DNS configuration guidance and assistance
• Cooperation with your new provider if requested
• Domain control transfer (if Arklens managed your DNS)
• Technical documentation and troubleshooting resources

Extended support beyond these included services may be available for an additional fee.

3.6 Timeline and Process

The handover process typically follows this timeline:

• Week 1: You request handover or receive notice of service changes
• Week 1-2: Consultation and option discussion
• Week 2-3: Customer Asset Package preparation and delivery
• Week 3-8: Your transition to new setup with our support
• After confirmation: Old hosting deactivated

3.7 Domain Control

Your domain name is always your property and under your control:

• If you manage your domain: You maintain full control. Simply update DNS settings to point to your new hosting provider. Arklens will provide clear instructions for this process.
• If Arklens manages DNS for you: We will transfer control back to you immediately upon request. We will provide all current DNS settings and assist with the transfer to ensure no disruption.

The domain registration itself is always in your name. Arklens never owns your domain.

3.8 No Handover Fees

Arklens does not charge fees for the standard handover process described above. Customer Asset Package preparation, delivery, and included support hours are provided at no charge as part of your service agreement, so you are always free to choose your service provider. A source-code transfer, Migration Package or intellectual-property buyout under Section 5.5 is separate from the standard handover and may involve a fee.

3.9 Data Retention

After successful handover, Arklens will retain backup copies of your Customer Asset Package for 30 days to assist with any technical issues during transition. After 30 days, these backups are deleted in accordance with our data protection policies. We recommend you maintain your own backups of all packages received.

3.10 Right to Request Your Assets Anytime

Even if you are staying with Arklens, you may request a copy of your Customer Asset Package at any time. This ensures you always have access to your business content and customer-owned assets. Use the contact form at www.arklens.ch/contact to request a copy.

4. Use of Services

You agree to use Arklens services only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the service for any illegal or unauthorized purpose
• Violate any applicable laws or regulations
• Infringe upon the intellectual property rights of others
• Transmit malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to our systems
• Use the service to spam, harass, or harm others

5. Intellectual Property

In short: your business assets are yours, and Arklens technology remains Arklens’. You are free to leave at any time, but the Free Website Programme does not include a transfer of Arklens source code.

5.1 What You Own

You retain ownership of:

• Your domain names
• Logos you provide
• Images and photos you provide
• Text and other content you provide
• Your business data
• Your customer data

By using our services, you grant Arklens a licence to host, display, and distribute your content as necessary to provide the service. This licence ends when the service ends, subject to the data retention described in Section 3.9.

5.2 What Arklens Owns

Unless otherwise agreed in writing, Arklens retains ownership of:

• Source code
• Templates
• Reusable components
• Design systems
• Development frameworks
• Automation scripts
• Deployment systems
• Internal tools
• Reusable AI and workflow components

5.3 Your Right to Use the Website

You receive only the rights necessary to use your website as provided through the Arklens service, for your own business. The website, templates or source code may not be resold, white-labelled or transferred to another business without Arklens’ written agreement (see also Section 2.10).

5.4 Third-Party Components

Websites may include open-source software or third-party services that remain subject to their own licences. Nothing in these Terms restricts rights you have under those licences.

5.5 Source-Code Transfer

Source code is not included automatically when you leave the Free Website Programme. Depending on the website and its complexity, Arklens may separately agree to:

• A source-code transfer
• A Migration Package
• A licence expansion
• An intellectual-property buyout

Any such arrangement must be agreed separately in writing and may involve a fee. It does not affect your ownership of your domain, business content and customer-owned assets, which remain yours in all cases.

6. Data Protection and Privacy

Our collection and use of personal data is governed by our Privacy Policy. By using our services, you consent to the collection and use of your information as described in the Privacy Policy.

7. Service Availability

While we strive to provide reliable service, Arklens does not guarantee uninterrupted or error-free operation. We may perform maintenance, updates, or modifications that temporarily affect service availability. We are not liable for any downtime or service interruptions.

8. Limitation of Liability

To the maximum extent permitted by Swiss law, Arklens shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of our services. Our total liability shall not exceed the amount you paid to Arklens in the 12 months preceding the claim.

9. Termination

You may terminate your use of Arklens services at any time by contacting us. If Arklens terminates or discontinues your access to its services, it will give you at least 60 days’ advance notice by email, in line with the notice period in Section 2.3. Shorter notice, or immediate suspension or termination, is possible only for urgent security reasons, because of legal or regulatory requirements, in cases of serious or repeated misuse or a material breach of these Terms, or for urgent operational reasons.

10. Changes to Terms

Arklens may update these Terms of Use from time to time. We will give you at least 30 days’ advance notice of material changes by email or another reasonable direct notice method. Minor, administrative or non-material changes may take effect without advance notice. Changes may take effect immediately where this is necessary for legal or regulatory, security, misuse or urgent operational reasons. Continued use of our services after changes take effect constitutes acceptance of the new terms.

11. Governing Law and Jurisdiction

These Terms of Use are governed by Swiss law. Any disputes arising from these terms or your use of Arklens services shall be subject to the exclusive jurisdiction of the competent courts in Switzerland.

12. Language Versions

These Terms of Use are available in English, French, German and Italian. In the event of any discrepancy between language versions, the English version prevails, to the extent permitted by applicable law.

13. Contact Information

If you have questions about these Terms of Use or the Free Website Programme, please contact us at:

Contact form: www.arklens.ch/contact
Website: www.arklens.ch