Effective date: 30 August 2026
These Terms of Service ("Terms") are an agreement between Solviq Technologies, of P.O. Box 5365, 80401 Diani, Kenya ("ArkCAE", "we", "us" or "our"), and the person or entity accepting them ("Customer", "you" or "your"). They govern your access to the ArkCAE cloud accounting, invoicing, payroll, reporting and integration services (the "Service"). By creating an account, clicking acceptance, or using the Service, you agree to these Terms. If you act for an organisation, you represent that you have authority to bind it.
1. The Service
Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable and revocable right to use the Service for your internal business purposes. We may improve or change the Service, but will give reasonable notice of a material reduction in core paid functionality where practicable. The Service is not a substitute for professional accounting, tax, employment or legal advice and does not guarantee acceptance of any filing by a public authority.
2. Accounts and authorised users
You must provide accurate information, keep it current, protect credentials, use appropriate access controls, and promptly notify us of suspected unauthorised use. You are responsible for authorised users and activity through your account, except to the extent caused by our breach of these Terms. You must be at least 18 years old and legally capable of contracting.
3. Customer responsibilities
You are responsible for the legality, quality and accuracy of Customer Data; obtaining required notices, consents and lawful bases; configuring the Service; reviewing calculations and entries; maintaining independent records and backups appropriate to your legal duties; and filing and paying all taxes, payroll deductions and statutory contributions on time. Defaults for VAT, PAYE, NSSF, SHIF, Affordable Housing Levy or other obligations may become outdated and must be verified by you.
4. Acceptable use
You must not use the Service unlawfully; infringe another person's rights; upload malicious code; attempt unauthorised access, security testing, scraping or reverse engineering; interfere with the Service; evade usage limits; or use it to facilitate fraud, money laundering, tax evasion or other prohibited conduct. We may investigate suspected misuse and suspend access where reasonably necessary to protect users, the Service or comply with law.
5. Fees, trials, renewal and cancellation
Prices, billing frequency, taxes and any trial period are shown at checkout or in an order form. Unless stated otherwise, subscriptions renew automatically for successive monthly periods and Paystack processes payment using your selected method.
You may cancel before the next renewal date through account settings or by contacting us. Cancellation takes effect at the end of the then-current paid period. Except where required by law or expressly stated in an order form, fees already paid are non-refundable and we do not provide credits for partial periods. If we terminate without cause or discontinue the Service, we will refund prepaid fees for the unused period. Failed or overdue payments may result in suspension after reasonable notice.
6. Customer Data and privacy
As between the parties, you retain all rights in information submitted to the Service ("Customer Data"). You authorise us to host, copy, process, transmit and display it only as needed to provide, secure and support the Service, comply with law, and as otherwise instructed by you. For personal data in Customer Data, you are normally the data controller and we are your data processor. For account, billing, security and relationship data used for our own purposes, we act as data controller. Our Privacy Policy explains these activities. The parties will enter a data-processing agreement where required.
7. Integrations and third-party services
Optional integrations, including Paystack, Google services, KRA eTIMS and banking or mobile-money providers, are governed by their own terms and privacy practices. You instruct us to exchange the data needed to operate integrations you enable. We are not responsible for a third party's service, acts or availability, but this does not limit responsibility that cannot lawfully be excluded.
8. Intellectual property and feedback
We and our licensors own the Service, software, documentation, branding and related intellectual property. No rights are granted except those expressly stated. If you voluntarily provide feedback, we may use it without restriction or payment, provided we do not identify you publicly without permission.
9. Confidentiality
Each party will protect the other's non-public information using at least reasonable care and use it only for this agreement. Disclosure is permitted to personnel and service providers who need it and are bound by confidentiality, or where required by law after notice where legally permitted. These duties do not cover information lawfully public, previously known, independently developed or lawfully received without duty.
10. Availability and warranties
We will provide the Service with reasonable skill and care. Except for that express promise and rights that cannot legally be excluded, the Service is provided "as is" and "as available". We do not warrant that it will be uninterrupted, error-free, fit for every purpose, or that every calculation or third-party integration will always be accurate or available.
11. Indemnity
To the extent permitted by law, you will defend and indemnify us against third-party claims arising from Customer Data, your unlawful use, or your material breach of sections 3 or 4, except to the extent caused by our breach, negligence or wilful misconduct. We will promptly notify you and allow you reasonable control of the defence; no settlement may admit our fault or impose obligations on us without consent.
12. Limitation of liability
Nothing in these Terms excludes or limits liability for fraud, fraudulent misrepresentation, wilful misconduct, death or personal injury caused by negligence, breach of confidentiality or data-protection duties, payment obligations, or any liability that Kenyan law does not permit to be excluded.
Subject to the previous sentence, neither party is liable for indirect, consequential or special loss, or loss of profit, revenue, goodwill or anticipated savings. Each party's total aggregate liability arising in any 12-month period will not exceed the fees paid or payable for the Service during the 12 months before the event giving rise to liability. This allocation applies only to the extent it is fair, reasonable and enforceable under applicable law and does not limit any mandatory consumer remedy.
13. Suspension and termination
Either party may terminate for a material breach not cured within 14 days after written notice, or immediately for an incurable breach, insolvency or where continued service would be unlawful. We may suspend access on reasonable grounds for security, prohibited use or non-payment and will, where practicable, give notice and limit the suspension.
On termination, your licence ends and amounts due remain payable. You should export Customer Data before closing the account. Where technically available, a cancelled paid account may remain accessible on a read-only basis until it is closed or deleted. After account closure, Customer Data will be deleted from active systems within six months and from backups within a further three months, subject to legal retention, dispute, fraud-prevention and documented controller instructions. We may close an unpaid account that has been inactive for 120 consecutive days after giving prior notice and a reasonable opportunity to export its data. You remain responsible for exporting records you must retain.
14. Changes to these Terms
We may update these Terms for legal, security or service reasons. We will give at least 30 days' notice of a material adverse change, unless urgent legal or security action requires less. Changes apply prospectively. If you object, you may cancel before they take effect. Continued use afterward constitutes acceptance.
15. Governing law and disputes
These Terms are governed by Kenyan law. Before proceedings, each party will give written notice and attempt in good faith for 30 days to resolve the dispute through authorised representatives.
If unresolved, the courts of Kenya have exclusive jurisdiction. The parties may agree in writing after a dispute arises to mediation or arbitration in Nairobi. Nothing restricts urgent interim relief, a complaint to a regulator, or any non-waivable right under the Consumer Protection Act, 2012, including a consumer's right to bring proceedings in the High Court.
16. General
Neither party may assign these Terms without consent, except that we may assign them with the business or to an affiliate if this does not materially reduce your rights. Neither party is liable for delay caused by events beyond reasonable control, excluding payment obligations. If a provision is unenforceable, it will be limited to the minimum necessary and the remainder continues. Failure to enforce is not a waiver. These Terms, an order form and any data-processing agreement are the entire agreement; an order form controls a direct conflict on commercial terms. Notices may be sent electronically to the registered addresses.
17. Contact
Questions or legal notices: dennismacharia@zohomail.com or P.O. Box 5365, 80401 Diani, Kenya.