Terms of Service

1. Acceptance of Terms & Eligibility

Welcome to Arc Solutions Kenya. These Terms of Service ("Terms") constitute a legally binding agreement between Arc Solutions ("Arc", "we", "us", or "our") and the legal entity or individual registered as the account owner ("Merchant", "User", or "you").

By accessing or using our website, mobile progressive web applications (PWA), counter Point of Sale (POS) interfaces, and software services (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

Eligibility: You must be at least 18 years old and possess the legal authority to enter into a binding contract under the Laws of the Republic of Kenya. By registering an account, you represent and warrant that you meet these requirements and have the authority to bind the business for which you are registering.

2. Description of Services (Technology Platform Disclaimer)

Arc provides an all-in-one cloud business management software suite specifically developed for salons, barbershops, beauty parlours, nail studios, wellness spas, and appointment-based retail businesses. Services include appointment booking, walk-in ticketing, multi-channel POS checkouts, staff commission tracking, backbar and retail inventory management, daily cash drawer float logs, and automated notification dispatches.

Financial Technology Disclaimer: Arc is a software technology provider. Arc is not a bank, microfinance institution, or deposit-taking financial institution licensed under the Central Bank of Kenya (CBK) Act or Banking Act. Arc does not take deposits, provide loans, issue electronic money, or act as an escrow agent. Any mobile money or banking transactions recorded in Arc are processed directly by telecommunications operators (e.g. Safaricom Lipa na M-Pesa) or licensed third-party payment gateways.

3. Account Registration, Roles & Shared Counter Security

To access the Services, you must register a tenant workspace. You agree to:

• Provide true, accurate, current, and complete information during registration and keep such details updated at all times.
• Account Owner Authority: The person or entity that registers the account is the primary Account Owner and possesses full administrative control over the workspace, billing, and permission assignments.
• Staff Roles & Permission Access: Arc allows owners to grant role-based access (e.g. stylists, cashiers, store managers). You are solely responsible for assigning appropriate roles and maintaining oversight over your staff’s access permissions.
• Shared Device & Reception Tablet Security: Many salons operate on shared tablets or phones at the reception counter. You are responsible for ensuring staff do not leave administrative or owner-level screens open and unattended. You must mandate unique PINs or passwords for each user and notify Arc immediately upon learning of any unauthorized access.

4. Free Trials, Subscriptions, Pricing & Cancellation

4.1 Zero-Risk Promotional Free Trial

New merchants may be offered a promotional free trial (e.g. 14 days). No credit card or pre-authorized M-Pesa deduction is required to initiate the trial. Upon trial expiration, your counter operations will be paused until you choose to activate a paid subscription plan. There are no automatic surprise charges.

4.2 Subscription Plans & Billing Cycle

Subscription tiers (e.g. Starter, Business, Pro/Multi-Branch) are billed in advance on a monthly or annual recurring cycle, priced in Kenya Shillings (KES). All fees are exclusive of statutory taxes (such as VAT) where applicable, which will be charged in accordance with Kenya Revenue Authority (KRA) legislation.

4.3 Payment Methods & Invoices

Payments may be made via M-Pesa Express (STK push), authorized Paybill/Till channels, or major credit/debit cards. Every completed payment generates an itemized, downloadable electronic receipt and tax invoice in your in-app Billing module.

4.4 Grace Period & 90-Day Safe Data Retention

If a subscription renewal fails, we provide a 3-day grace period during which your counter POS and staff tools remain active. If the account remains unpaid after the grace period, workspace access is suspended.

We will never immediately delete your records. Arc guarantees a minimum 90-calendar-day safe retention period during which your client lists, visit histories, and commission ledgers remain securely stored and intact. Upon settlement of overdue subscription fees within this window, your workspace will be restored immediately.

4.5 Cancellation & Non-Refundable Fees

You may cancel your subscription at any time directly through your Billing settings without cancellation penalties. Subscriptions are billed on a prepaid basis; therefore, fees paid for an active billing cycle are non-refundable. You are strongly advised to export your business data prior to workspace termination.

5. Point of Sale (POS), Cash Floats & M-Pesa Verification Duty

• Arc Calculates, Merchant Holds Physical Cash: Arc provides digital calculation tools for sales tickets, opening drawer floats, petty cash payouts, and closing reconciliations (daily X-Reports and Z-Reports). Arc does not physically hold or manage your cash. Physical drawer security, safe keys, float counts, and staff theft prevention remain the exclusive operational duty of the merchant.
• Mandatory M-Pesa Verification: While Arc allows cashiers to record M-Pesa transaction reference codes and split tender amounts, cashiers and shop owners must independently verify actual receipt of funds on their official Safaricom Till phone, Paybill portal, or official merchant app before allowing clients to leave the premises. Arc is not liable for customer SMS spoofing, fraudulent payment screenshots, or reversed transactions.
• Tax & Fiscal Compliance: The merchant is solely responsible for determining applicable tax obligations (including VAT or Turnover Tax) and ensuring that its pricing and receipts comply with the Tax Procedures Act and KRA requirements.

6. Staff Commissions, Employment & Independent Contractor Disclaimer

Arc provides an automated commission calculation module where business owners configure commission percentages, flat service fees, staff deductions, and advances.

7. Customer Communications, Marketing & Anti-Spam Policy

Arc incorporates integrated messaging features enabling merchants to transmit appointment reminders, digital receipts, and promotional campaigns via SMS and WhatsApp:

• Consent Required: Under Kenyan law, the Kenya Data Protection Act 2019, and consumer protection regulations, you must obtain prior express consent from clients before transmitting promotional marketing messages.
• Prohibited Use & Anti-Spam: You agree not to utilize Arc’s messaging facilities to transmit unsolicited spam, chain letters, pyramid schemes, fraudulent offers, defamatory content, or harassing communications. Arc reserves the right to immediately suspend messaging access or terminate accounts that generate high spam complaint rates.

8. Intellectual Property Rights

The Services, including their underlying source code, software architecture, databases, user interface designs, logos, graphics, visual assets, documentation, and trade secrets, are the exclusive property of Arc Solutions and its licensors, protected under the Copyright Act, Industrial Property Act of Kenya, and international intellectual property treaties.

Subject to your compliance with these Terms, Arc grants you a limited, non-exclusive, non-transferable, revocable SaaS license to access and use the platform solely for internal business operations. You agree that you will not:

• Decompile, disassemble, reverse engineer, or attempt to derive the source code of the Services.
• Modify, adapt, copy, or create derivative works based on Arc’s software or UI designs.
• Rent, lease, lend, sell, sublicense, or distribute the Services to third parties.
• Circumvent or attempt to bypass security measures, license gates, or rate limits.

9. Merchant Data Ownership & Privacy (Kenya DPA 2019)

You own your data. You retain all right, title, and interest in and to all client lists, booking records, service histories, sales entries, and catalog details uploaded to your workspace ("Merchant Data"). Arc does not claim ownership over your data and will never sell, rent, or trade your merchant records to third-party advertisers or competitors.

In accordance with the Kenya Data Protection Act (2019):

• You act as the Data Controller with respect to your clients’ personal data.
• Arc acts as a secure Data Processor, processing personal data strictly on your documented instructions to fulfill our software commitments.

For complete details on our processing principles and safeguards, review our Privacy Policy.

10. Anti-Money Laundering (AML), KYC & Fraud Prevention

Arc is committed to maintaining platform integrity and preventing illicit financial activities in compliance with the Proceeds of Crime and Anti-Money Laundering Act (POCAMLA) of Kenya. You agree that:

• You will not use the Services to facilitate fraudulent transactions, money laundering, tax evasion, or terrorist financing.
• You will promptly provide reasonable documentation verifying your business identity or physical establishment if requested during enhanced fraud screening.
• Arc reserves the right to freeze accounts or cooperate fully with Kenyan law enforcement agencies, the Financial Reporting Centre (FRC), and telecommunications providers upon receipt of lawful orders or evidence of fraudulent activity.

11. Account Termination & Suspension

We may suspend or terminate your access to the Services immediately, without prior liability, if:

• You commit a material breach of these Terms of Service.
• We have reasonable suspicion of fraud, money laundering, unauthorized access, or abusive messaging activity.
• Required by a court of competent jurisdiction, government agency, or telecommunications regulator.
• Your account remains unpaid following the expiration of the subscription grace period.

Upon termination for cause, your right to use the Services terminates immediately. In non-disciplinary terminations, we provide you with a reasonable window to download and export your customer and sales records in standard CSV/Excel format.

12. Limitation of Liability

13. Disclaimer of Warranties

THE SERVICES ARE PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY, OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ARC DOES NOT WARRANT THAT THE SOFTWARE WILL BE COMPLETELY UNINTERRUPTED, ERROR-FREE, OR VIRUS-FREE, NOR DOES ARC GUARANTEE SPECIFIC COMMERCIAL RESULTS OR PROFITABILITY FOR YOUR BUSINESS.

14. Indemnification

You agree to defend, indemnify, and hold harmless Arc Solutions, its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, losses, judgments, costs, and expenses (including reasonable legal and attorney’s fees) arising from or relating to:

• Your breach of these Terms or violation of any applicable Kenyan or international law;
• Any dispute between you and your employees, stylists, contractors, or customers regarding commissions, salaries, service quality, or cancellations;
• Your failure to collect proper customer consent for marketing SMS/WhatsApp broadcasts; or
• Any fraudulent, misleading, or unauthorized business activities conducted by you or your representatives through the platform.

15. Governing Law & Dispute Resolution (Arbitration Act 1995)

These Terms and any non-contractual obligations arising out of them shall be governed by, and construed in accordance with, the Laws of the Republic of Kenya.

Dispute Resolution Procedure: In the event of any controversy, claim, or dispute arising out of or relating to these Terms, the parties shall first attempt in good faith to resolve the dispute amicably through executive negotiations within thirty (30) calendar days of written notification.

If the dispute cannot be settled amicably, it shall be finally referred to and determined by confidential arbitration under the Arbitration Act 1995 (Cap 49, Laws of Kenya). The arbitral tribunal shall consist of a single arbitrator mutually agreed upon by the parties, or failing agreement within 14 days, appointed by the Chairman of the Chartered Institute of Arbitrators (Kenya Branch). The seat and legal place of arbitration shall be Nairobi, Kenya, and the proceedings shall be conducted in English.

16. Modifications to Terms

Arc reserves the right, at its sole discretion, to modify or replace these Terms from time to time. If a revision is material, we will provide at least thirty (30) days' prior notice before the new terms take effect, through an in-app notice, email dispatch, or prominent banner. Continued use of the Services following the effective date of revised terms constitutes your acceptance of the new terms.

17. Severability & Entire Agreement

If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable by an arbitral tribunal or court of competent jurisdiction, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

These Terms, together with our Privacy Policy and in-app subscription schedules, constitute the entire agreement between you and Arc Solutions concerning the Services, superseding all prior proposals, negotiations, or understandings.

18. Contact & Legal Notices

For questions regarding these Terms or to issue formal legal correspondence, please contact: