ArcGabriel Terms of Service
Version 1.5, September 2026
These Terms are a contract between you (the business subscribing, "you", "the
Client") and ArcGabriel Ltd ("we", "us", "the Service"), a company registered
in England and Wales (company no. 17389329). ArcGabriel is the
trading name of ArcGabriel Ltd.
By signing during onboarding you agree to them. Please read them; they are
written to be readable.
1. What the Service is, and is not
ArcGabriel is automated marketing software. It audits your website, produces a
prioritised search-engine optimisation strategy from what it finds, designs
social media content, publishes it to accounts you connect, and reports monthly
on the work done and the results measured.
The strategy is a set of recommendations, not changes made to your website.
We have no access to a website we did not build, and nothing in the report is
applied to such a site automatically: the report names each problem, the fix,
and the order to do them in, for you or whoever maintains your site to carry
out. A website we build and host for you is a different matter: it is
constructed to meet those recommendations from the outset, and we maintain it.
We do not and cannot guarantee search rankings, traffic levels, or revenue.
No honest provider can: search engines are controlled by their operators, not
by us. What we commit to is the work itself: done, logged, and reported to you
every month with real numbers, never invented ones.
2. Your account
You get an account for your business. Keep your password secret; you are
responsible for activity under your account. We may block an account that we
reasonably believe is compromised or being used in breach of these Terms, and
will tell you if we do.
3. Subscriptions, payment and cancellation
- Plans and prices are as shown at checkout, exclusive of VAT.
- Monthly plans: you can cancel at any time. Your subscription runs to the
end of the period already paid, which is your only minimum commitment, and
does not renew after that.
- Annual plans: you pay for a year at a discount; the plan runs to the end
of the paid year and renews unless cancelled before renewal.
- Payment is taken by card through Stripe, our payment processor.
If a payment fails. It is usually an expired card, and we would rather sort
it out than switch you off. This is exactly what happens, and we will not do
anything to your account that isn't on this list:
1. Straight away, we email you: what was declined, how much, when your bank
will be asked again, a link to pay it there and then, and what stops if it
isn't paid. Everything keeps running.
2. After 48 hours unpaid, we stop producing and publishing new work: no
new posts, adverts, LinkedIn drafts or reports. **Nothing you already have is
touched.** Every post, image, report and document stays in your account and
stays downloadable, anything already published stays published, and you can
still sign in and use your account normally. Your website stays live.
3. After a further 7 days, if you have a website with us, we give you seven
days' written notice that it will come offline.
4. After 14 days from the pause, the website is taken offline. It is not
deleted: the pages, the text, the photographs and your domain settings all
remain exactly as they are.
Paying at any point in that sequence restores everything immediately, including
putting the website back, with nothing lost and nothing to set up again. We
never delete your content because of an unpaid invoice; deletion happens only
on cancellation, and then only after the 90 days set out in section 6.
If the problem is money rather than the card, tell us. We would rather move you
to a smaller plan for a while than lose you.
- Prices may change; we give at least 30 days' notice, and changes never apply
to a period you have already paid for.
- Statutory cancellation: where a 14-day cooling-off right applies to you, you
may cancel within 14 days of first subscribing for a refund, less a
proportionate charge for service already delivered with your agreement.
4. What we need from you
The Service needs truthful information about your business, access you choose
to grant (for example your website platform or social accounts), and materials
you upload. You confirm that whatever you provide is yours to provide: that
uploads don't infringe anyone's rights, and that connected accounts are yours
to connect. You remain responsible for your business's own legal compliance
(for example, the accuracy of claims about your own products).
5. Content the Service produces
Content generated for you (posts, articles, reports) is yours to use once your
subscription for the relevant period is paid. You are responsible for content
you approve for publication: the Service drafts and, where you enable it,
publishes, but it acts under your standing instruction, and you can pause
publishing or switch to approve-first mode at any time.
6. Your data, deletion, and the recovery window
- You can delete any file you upload. Deleted files disappear from your
account immediately. **For your protection they are retained by us, marked
for deletion, for 90 days** (so an accidental deletion can be reversed on
request) and are then erased permanently and automatically. You may
request immediate permanent erasure instead, and we will honour it.
- On cancellation, your data is retained for 90 days (so you can return or
export), then erased, except records we must keep by law (for example
invoices) and the signed copy of these Terms.
- Full details of how we handle personal data are in the Privacy Policy, which
forms part of this agreement.
7. Acceptable use
You may not use the Service for anything unlawful, deceptive, or harmful:
including sites or content promoting illegal goods or services, infringing
others' rights, or attempting to manipulate the Service itself. We may decline
or stop serving content or sites that would put us in breach of law, platform
rules (for example Meta's terms), or advertising standards, and will tell you
why.
8. Service availability and changes
We aim for continuous operation but do not promise uninterrupted availability.
We back up data daily. We may improve or change features; if a change
materially reduces what you pay for, you may cancel and receive a
proportionate refund for the unused paid period.
Feedback and suggestions. We welcome ideas through your account or by
email. By sending a suggestion you agree we may use it, in whole or part,
without restriction or payment; you keep no rights in what we build. Where we
adopt an idea we may, at our sole discretion, thank the suggester with a
discount or credit; this is a gesture, not an entitlement, and similar or
duplicate suggestions carry no claim.
9. Liability
Nothing in these Terms excludes liability that cannot lawfully be excluded
(including for death or personal injury caused by negligence, or fraud).
Subject to that:
- We are not liable for indirect or consequential loss, loss of profit, or
loss of business opportunity.
- Our total liability arising from or connected with the Service in any
12-month period is capped at the amount you paid us in that period.
- We are not liable for decisions of third parties (including search engines
ranking or de-ranking pages and social platforms restricting accounts),
though we will always work within their published rules.
10. Governing law and jurisdiction
These Terms are governed by the law of England and Wales, and its courts have
exclusive jurisdiction: **wherever you subscribe from, you agree the Service
operates under UK law and regulation.** If you subscribe as a consumer in a
jurisdiction giving you mandatory local rights, those rights are unaffected.
11. Changes to these Terms
We may update these Terms; material changes are notified by email at least 30
days before they take effect, and the version you signed remains available,
unaltered and verifiable, in your account.
12. Data protection: who is responsible for what
Two different things happen in this Service and the law treats them
differently.
Your account. For your own account (your name, your email, your business
details, your payment record, your sign-ins) we are the controller. We
decide what to hold and why, and the Privacy Policy explains it.
Your customers. For personal data about your customers, staff or
contacts that you put into the Service (a customer's name and contact details
entered for a review request, people who appear in photographs you upload,
anyone you name in material you give us to publish) **you are the controller
and we are your processor**. It is your data about your people. You decide who
goes in and why; we hold it, work on it and hand it back, and we act on your
instructions and nobody else's.
That distinction has consequences that are good for you. We only do what you
tell us to with that data. We do not use it for our own purposes, and we do not
use it to train anything. You can have it back or have it erased. And the terms
that govern it are set out in Schedule 1, which is part of this agreement and
satisfies Article 28 of the UK GDPR, so you do not need a separate contract
from us.
The obligations run both ways. Because you are the controller of that data, it
is you who must have a lawful basis for holding it and for contacting the
people concerned, and you who must answer them if they ask what you hold. The
Service asks you to confirm that basis at the point you enter someone, and
gives you a one-click erasure for every record, precisely so those duties are
possible to meet rather than theoretical.
Schedule 1: Data processing terms
*These terms apply where we process personal data on your behalf, as described
in section 12. They are the terms required by Article 28(3) of the UK GDPR.
Where this Schedule conflicts with the rest of these Terms on a data protection
question, this Schedule wins.*
1. The processing, described
| Subject matter | Provision of the ArcGabriel marketing service |
|---|---|
| Duration | For as long as your subscription runs, plus the retention periods in paragraph 8 |
| Nature and purpose | Storing, organising, drafting from, displaying back to you, backing up and erasing personal data you enter or upload, so that the Service can prepare marketing material and review requests for you to use |
| Types of personal data | Names and contact details (email address or mobile number); a short note of work done for a person; the drafted message addressed to them; any personal data appearing in files you upload or in text you give us to publish, including images of identifiable people |
| Categories of data subject | Your customers and prospective customers; your staff; anyone else you choose to include in material you give us |
| Special category data | None is asked for and none should be entered. The Service is not built for it and you should not use it for it |
2. We act only on your instructions
We process that personal data only on your documented instructions, which are:
these Terms, the choices you make in the Service, and anything else you ask us
in writing. That includes any transfer of the data out of the UK. If we are
ever required by law to process it otherwise, we will tell you first unless the
law forbids us from saying so.
If we think an instruction of yours breaks data protection law, we will tell
you straight away and we may decline to carry it out until it is resolved.
We will not use your customers' personal data for our own purposes, will not
sell or share it, and will not use it to train artificial-intelligence models,
ours or anyone else's.
3. Confidentiality
Everyone we allow near that data is bound to keep it confidential, whether by
their employment contract or by a written undertaking. Access is limited to
those who need it to run the Service for you.
4. Security
We keep the technical and organisational measures required by Article 32. As at
this version those include: encryption in transit throughout; credentials for
your connected accounts encrypted at rest with a key held outside the database
and outside every backup; passwords stored using a modern memory-hard hash;
two-factor authentication on the administrative account, and available to every
person on your account from the Security page of the portal; strict separation of one
client's data from another's, enforced in the data layer rather than left to
individual queries; an append-only activity log; daily encrypted off-site
backups with a documented and rehearsed restore; and least-privilege access,
with the only person holding administrative access being the company's sole
director.
Security measures change as threats do. We may vary them, provided the
protection does not fall below the level described above.
5. Sub-processors
You give us general authorisation to use the sub-processors listed in the
Privacy Policy, which names each one, what it does and where it is. We impose
data protection terms on each of them no less protective than these, and we
remain fully liable to you for what they do.
If we intend to add or replace one, we will tell you at least 30 days before it
starts. If you object on reasonable data protection grounds within that period
we will try to accommodate you; if we cannot, you may cancel your subscription
for the affected part of the Service and we will refund the unused paid period.
6. Helping you meet your obligations
Taking into account the nature of the processing, we will help you:
- respond to a person exercising their rights (access, correction, erasure,
restriction, portability or objection). The Service is built so you can do
most of this yourself, immediately, without asking us;
- keep the data secure, notify breaches, and carry out a data protection impact
assessment or prior consultation if you ever need one.
If a person contacts us directly about data you control, we will not answer
them on your behalf. We will tell you promptly and let you deal with it.
7. Personal data breaches
If there is a breach affecting personal data we process for you, we will tell
you without undue delay and in any event within 24 hours of becoming aware
of it, with what we know: what happened, who and what is affected, what the
likely consequences are and what we are doing about it. We will keep you
updated as we learn more. The duty to notify the ICO or the individuals is
yours as controller; we will give you what you need to discharge it.
8. Return and deletion
You can export your data at any time from your account: one file with every
record and every document we hold for you, built on demand and downloaded
straight away. Erasure is asked for from the same page, by the account holder,
and we carry it out without delay; the request is recorded, we confirm it by
email when it is done, and nothing is deleted while you can still change your
mind. When your subscription ends, we keep your data for 90 days so you can
return or export it, and then erase it, except where the law requires us to
keep something (for example, invoices, and the signed copy of these Terms).
Closed review request records are erased automatically 12 months after they are
closed, because keeping a customer's name and mobile number after the request
has run its course is storage without a purpose.
Backups follow their own cycle and are overwritten in rotation; anything
erased from the live Service disappears from backups as that rotation
completes, and is not restored.
9. Audit
We will make available the information you reasonably need to show that we are
meeting these obligations, and will allow and contribute to audits, including
inspections, by you or an auditor you appoint, on reasonable notice, no more
than once a year unless a breach or a regulator gives cause. In practice, and
for a business of your size, we expect a written questionnaire to be the
sensible way to do this and we will answer one properly.
10. International transfers
Your customers' personal data is stored in the United Kingdom or the European
Economic Area. Where a sub-processor is outside the UK, the transfer is covered
by UK adequacy regulations or by the International Data Transfer Addendum to
the EU Standard Contractual Clauses, together with a transfer risk assessment.
We will not move the processing outside the UK or the EEA without telling you
first.
ArcGabriel Ltd, registered in England and Wales, company no. 17389329.
Registered office: Carlile Institute Business Centre, 54 Huddersfield Road, Meltham, Holmfirth HD9 4AE.
Questions: hello@arcgabriel.com.