Terms of Service

These terms govern the use of arca, the tool for influencer, affiliate and paid marketing at app.getarca.de. The provider is Armand Tetaj, Dorfstraße 57a, 24784 Westerrönfeld, Deutschland.

1. Who arca is for

arca is offered to businesses only, not to consumers. By ordering arca you confirm that you do so in the course of your trade or profession and that you are authorised to do so.

2. How the contract is formed

The contract is formed directly between the brand and us, on the basis of an offer we issue and the brand accepts. We invoice directly. Connected services such as Shopify or Meta are technical connections — they are neither a contracting party nor a billing channel.

3. Access and accounts

Every brand receives its own workspace. It creates its own users and decides who may see what. It is responsible for keeping credentials confidential and for revoking access when someone leaves the company. Accounts are personal and must not be shared.

4. What the brand warrants

• That it is entitled to process the data it puts into arca — in particular creator and customer data.
• That it complies with the terms of the connected services, in particular those of Shopify and Meta.
• That it does not use arca to break the law, infringe third-party rights, or collect data in ways the people concerned could not have expected.
• That the details it stores in arca — such as terms or payment data — are accurate.

5. What we owe

We provide arca in its current version and continue to develop it. We aim for high availability but do not owe uninterrupted access: maintenance, provider incidents and outages of connected services may temporarily limit operation. We announce planned maintenance where that is possible.

The figures arca shows are based on what the connected services deliver. We do not owe a particular accuracy of attribution and no commercial outcome. Decisions taken on the basis of those figures are the brand’s responsibility.

6. Connected services

arca accesses third-party interfaces, in particular those of Shopify and Meta. Those providers may change, restrict or shut down their interfaces at any time. If a feature in arca falls away as a result, that is not a defect in our service — but we say so in good time and look for an alternative route where one exists.

7. Prices and payment

The price stated in the offer applies. Fees are invoiced in advance at the agreed interval and are payable without deduction. All prices are net and exclusive of statutory VAT. If payment is not made despite a reminder, we may suspend access until the account is settled.

8. Term and termination

Term and notice period are set out in the offer. Where the offer is silent, the contract runs monthly and may be terminated by either side with 14 days’ notice to the end of a month. The right to terminate for good cause remains unaffected.

After the contract ends, the brand may export its data for 30 days. After that we delete it. If it wants the data deleted sooner, it tells us.

9. Rights to content

Data and content a brand brings into arca remain its own. We use them solely to deliver the agreed service. Rights in arca itself — software, design, text — remain with us; the brand receives a simple, non-transferable right of use for the term of the contract.

We may use aggregated, anonymised analysis to improve arca — only in a form from which no brand, creator or customer can be identified.

10. Data protection

How we handle data is set out in the privacy notice. Where we process personal data on a brand’s behalf, we conclude a data processing agreement under Art. 28 GDPR; it takes precedence over these terms where it provides otherwise.

11. Liability

We are liable without limitation for intent and gross negligence, for injury to life, body and health, and under the German Product Liability Act. For ordinary negligence we are liable only for breach of material contractual obligations, limited in amount to the typically foreseeable damage and at most to the fees of the last twelve months. Liability is otherwise excluded.

For loss of data we are liable only to the extent the loss would also have occurred had the brand kept proper backups.

12. Changes to these terms

We may change these terms where legal or technical reasons require it. We announce the change in text form at least 30 days in advance. If the brand does not object before the change takes effect, it is deemed accepted; we point this out expressly in the announcement. If it does object, either side may terminate as of that date.

13. Governing law and jurisdiction

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Place of jurisdiction is, as far as permissible, the provider’s registered office. Should any provision be invalid, the remainder stays in force.

Contact

Questions about these terms: hallo@getarca.de. Full provider details are in the imprint.