Skip to content
Back to Arche

Legal · Effective April 20, 2026 · Updated April 20, 2026

Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and Cogitus OS Limited ("we", "us", or "our"), the operator of the Arche HR platform, accessible at https://arche.co.ke, including our mobile applications (iOS and Android) and all related services (collectively, the "Platform").

By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Platform. If you are accepting these Terms on behalf of an organization ("Company"), you represent that you have the authority to bind that organization.

2. Platform Description

Arche HR is a multi-tenant, cloud-based human resources management platform that provides:

  • Core HR management (employee records, organizational structure, document management)
  • Payroll processing and tax calculations
  • Time tracking, attendance, and leave management
  • Recruiting, applicant tracking, and onboarding
  • Performance management (reviews, goals, OKRs, 360-degree feedback)
  • Compensation planning and salary advance processing
  • Expense management
  • AI-powered HR assistance and analytics
  • Compliance and document tracking
  • Reports and dashboards
  • Mobile access via native iOS and Android applications

Each Company subscribes to a plan that determines which modules and features are available. Features may be added, modified, or removed as the Platform evolves.

3. Account Registration & Access

3.1 Company Accounts

To use the Platform, a Company must register and create an organizational workspace. The Company administrator is responsible for configuring the workspace, inviting users, assigning roles, and managing permissions.

3.2 User Accounts

Individual users access the Platform via accounts created by their Company administrator or through self-registration (where enabled). You are responsible for:

  • Maintaining the confidentiality of your login credentials
  • All activities that occur under your account
  • Notifying your Company administrator immediately if you suspect unauthorized access

3.3 Authentication

The Platform supports multiple authentication methods, including email/password and Google OAuth. Your Company may require two-factor authentication (TOTP) for additional security. On mobile devices, biometric authentication (fingerprint or face recognition) may be used to unlock the application.

4. Subscription & Billing

4.1 Plans

The Platform is offered under tiered subscription plans (e.g., Professional, Enterprise). Each plan includes a defined set of modules and features. Plan details, pricing, and feature availability are provided during the subscription process and may be updated from time to time.

4.2 Payment

Subscription fees are billed on a per-employee-per-month (PEPM) basis or as otherwise agreed. Fees are due in advance for each billing period. All payments are non-refundable unless otherwise stated in a separate written agreement.

4.3 Changes to Pricing

We may adjust pricing with at least 30 days' written notice. Continued use of the Platform after a pricing change constitutes acceptance of the new pricing.

5. Acceptable Use

You agree not to use the Platform to:

  • Violate any applicable law, regulation, or third-party rights
  • Upload or transmit viruses, malware, or other harmful code
  • Attempt to gain unauthorized access to the Platform, other accounts, or our infrastructure
  • Circumvent security measures, authentication mechanisms, or access controls
  • Reverse engineer, decompile, or disassemble any part of the Platform
  • Use automated tools (bots, scrapers) to access the Platform except through our documented APIs
  • Interfere with or disrupt the Platform's operation or other users' use
  • Store or transmit content that is defamatory, obscene, or otherwise objectionable
  • Use the Platform for purposes other than legitimate human resources management
  • Attempt to access data belonging to another Company's workspace

6. Data Ownership & Responsibilities

6.1 Your Data

You and your Company retain ownership of all data submitted to the Platform ("Customer Data"). We do not claim ownership of your data. We process Customer Data solely to provide the Platform services, as described in our Privacy Policy.

6.2 Data Controller & Processor

Your Company is the data controller for employment data stored on the Platform. We act as a data processor on behalf of the Company. Each Company's data is strictly isolated in a multi-tenant architecture. No Company can access another Company's data.

6.3 Data Export

You may export your data from the Platform at any time using the built-in data export tools, which support CSV and JSON formats. Upon termination of your subscription, you will have a reasonable period to export your data before it is permanently deleted.

6.4 Data Accuracy

You are responsible for the accuracy and completeness of data you enter into the Platform. We are not liable for errors in payroll calculations, tax filings, or regulatory compliance resulting from inaccurate or incomplete data input.

7. AI-Powered Features

The Platform includes optional AI-powered features such as resume screening, policy Q&A, performance review assistance, payroll anomaly detection, and general HR chat. By using these features:

  • You acknowledge that AI outputs are generated by third-party language models (OpenAI, Anthropic, Google, or Azure OpenAI) and should be reviewed by qualified humans before being acted upon
  • We automatically redact personally identifiable information (PII), such as salary figures, bank details, national IDs, and dates of birth, before sending data to AI providers
  • Your Company administrator controls which AI features are enabled, which AI provider is used, and token usage budgets
  • AI interactions are logged for audit purposes per your Company's configuration
  • We do not guarantee the accuracy, completeness, or suitability of AI-generated content. AI outputs do not constitute legal, financial, or professional HR advice

8. Payroll & Financial Services

8.1 Payroll Processing

The Platform provides payroll calculation tools including gross-to-net computation, tax calculations, and statutory contribution computations. Your Company is solely responsible for verifying payroll calculations, filing tax returns, and complying with applicable employment and tax laws.

8.2 Tax Calculations

Tax tables and statutory rates are provided for supported jurisdictions and are updated periodically. However, we do not guarantee that tax calculations are error-free or reflect the most current tax law changes. Your Company should verify calculations with a qualified tax professional.

8.3 Payment Disbursement

The Platform may integrate with payment systems such as M-Pesa (Safaricom) for salary disbursement. We are not a financial institution and act only as a technology intermediary. Payment processing is subject to the terms of the respective payment provider.

8.4 Salary Advances

Where enabled, the Platform facilitates salary advance requests and approvals. Your Company defines advance policies, eligibility criteria, and repayment terms. We do not act as a lender and are not responsible for advance repayment disputes.

9. Third-Party Integrations

The Platform may integrate with third-party services including, but not limited to:

  • Google (OAuth authentication, Gemini AI)
  • OpenAI, Anthropic, Azure OpenAI (AI features)
  • Safaricom M-Pesa (salary disbursement)
  • Accounting software (payroll journal sync)
  • Biometric attendance devices
  • Email providers (transactional email delivery)
  • Firebase (push notifications)

Your use of third-party services through the Platform is subject to those services' terms and privacy policies. We are not responsible for the availability, accuracy, or practices of third-party services.

Your Company may configure webhooks that send event notifications to external systems. The Company is responsible for the security and handling of data sent to webhook endpoints.

10. Intellectual Property

The Platform, including its software, design, documentation, logos, and all related intellectual property, is owned by Cogitus OS Limited and is protected by copyright, trademark, and other intellectual property laws.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for its intended purpose during your active subscription. This license does not permit you to:

  • Copy, modify, or create derivative works of the Platform
  • Sublicense, sell, or redistribute access to the Platform
  • Use Arche HR branding, logos, or trademarks without written permission
  • Claim ownership of the Platform or any of its components

11. Service Availability & Support

We strive to maintain high availability of the Platform but do not guarantee uninterrupted access. The Platform may be temporarily unavailable due to:

  • Scheduled maintenance (we aim to provide advance notice)
  • Emergency security patches or infrastructure updates
  • Factors beyond our reasonable control (force majeure)

Support is available via email at support@arche.co.ke. Response times and support levels may vary based on your subscription plan.

12. Limitation of Liability

To the maximum extent permitted by applicable law:

  • The Platform is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement
  • We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities
  • Our total aggregate liability for any claims arising from your use of the Platform shall not exceed the fees paid by your Company in the 12 months preceding the claim
  • We are not liable for errors in payroll calculations, tax computations, or regulatory compliance resulting from inaccurate data input, outdated tax tables, or misconfigured settings
  • We are not liable for AI-generated outputs or decisions made based on AI recommendations

13. Indemnification

You agree to indemnify, defend, and hold harmless Cogitus OS Limited, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from:

  • Your use of the Platform in violation of these Terms
  • Your violation of any applicable law or third-party rights
  • Data you submit to the Platform
  • Your Company's failure to comply with employment, tax, or data protection laws

14. Termination

14.1 By You

You may stop using the Platform at any time. Your Company may cancel its subscription by contacting us. Cancellation takes effect at the end of the current billing period.

14.2 By Us

We may suspend or terminate your access to the Platform if:

  • You breach these Terms
  • Your Company's subscription expires or payment is overdue
  • We reasonably believe your use poses a security risk to the Platform or other users
  • We are required to do so by law

14.3 Effect of Termination

Upon termination, your right to access the Platform ceases immediately. Your Company will have 30 days to export data before it is permanently deleted. Sections that by their nature should survive termination will remain in effect, including Sections 6 (Data Ownership), 10 (Intellectual Property), 12 (Limitation of Liability), 13 (Indemnification), and 16 (Governing Law).

15. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by:

  • Posting the updated Terms on the Platform with a new "Last Updated" date
  • Sending an email or in-app notification for significant changes

Your continued use of the Platform after changes are posted constitutes acceptance of the updated Terms. If you do not agree with the changes, you must stop using the Platform.

16. Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Republic of Kenya, without regard to conflict of law principles.

Any disputes arising from these Terms or your use of the Platform shall first be resolved through good-faith negotiation. If negotiation fails, disputes shall be submitted to binding arbitration in Nairobi, Kenya, in accordance with the Arbitration Act, 1995 (as amended). Either party may seek injunctive relief in the courts of Kenya to protect intellectual property rights or prevent irreparable harm.

17. General Provisions

  • Entire Agreement: These Terms, together with our Privacy Policy and any subscription agreement, constitute the entire agreement between you and Cogitus OS Limited regarding the Platform.
  • Severability: If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.
  • Waiver: Our failure to enforce any right or provision does not constitute a waiver of that right or provision.
  • Assignment: You may not assign your rights under these Terms without our written consent. We may assign our rights to a successor entity in connection with a merger, acquisition, or sale of assets.
  • Force Majeure: We shall not be liable for delays or failures caused by events beyond our reasonable control, including natural disasters, power outages, internet disruptions, pandemics, or government actions.

18. Contact Us

If you have questions about these Terms, please contact us: