This Agreement (“Agreement”) is entered into between Aleph Archives Sàrl, a limited liability company registered in Switzerland (“Aleph Archives”, “We”, “Us”, “Our”), and the entity or individual subscribing to our services (“Customer”, “You”, “Your”). By accessing or using our services, you agree to be bound by these terms.
1. Definitions
“Services” means the Aleph Archives web archiving platform, including website crawling, capture, storage, search, replay, export, and all related features made available through the Aleph Archives application.
“Customer Data” means all data captured, collected, stored, or processed by the Services on behalf of the Customer, including archived web content, metadata, WARC files, and associated cryptographic signatures.
“Order Form” means any ordering document, subscription agreement, or statement of work executed by both parties that references this Agreement and specifies the Services, fees, and subscription term.
“Subscription Term” means the period during which the Customer is entitled to use the Services, as specified in the applicable Order Form.
2. Services
2.1. Aleph Archives provides enterprise web archiving services. We capture, preserve, and make retrievable the contents of websites and web pages — both public and, where authorised, password-protected — in legally defensible, standards-compliant formats.
2.2. All archived content is stored in ISO 28500 WARC format with SHA-512 and RIPEMD-160 cryptographic hash signatures to ensure integrity and authenticity.
2.3. Aleph Archives reserves the right to modify the Services from time to time, provided that such modifications do not materially diminish the functionality of the Services during an active Subscription Term.
3. Customer Obligations
3.1. The Customer shall ensure that it has the legal authority to archive the websites and web content designated for capture, including any password-protected pages for which the Customer provides access credentials.
3.2. The Customer shall use commercially reasonable efforts to prevent unauthorised access to or use of the Services and shall notify Aleph Archives promptly of any such unauthorised access or use.
3.3. The Customer shall not: (a) make the Services available to any third party other than authorised users; (b) sell, resell, license, or sublicense the Services; (c) use the Services to store or transmit malicious code; (d) interfere with or disrupt the integrity or performance of the Services; or (e) attempt to gain unauthorised access to the Services or their related systems.
4. Data Ownership and Privacy
4.1. The Customer retains all ownership rights in Customer Data. Aleph Archives acquires no rights in Customer Data except as necessary to provide the Services.
4.2. Aleph Archives shall process Customer Data in accordance with our Privacy Policy and applicable data protection laws, including the Swiss Federal Act on Data Protection (FADP) and, where applicable, the EU General Data Protection Regulation (GDPR).
4.3. Upon termination of the Agreement, the Customer may request the return or deletion of Customer Data, subject to the terms of Section 9.
5. Fees and Payment
5.1. The Customer shall pay all fees specified in the applicable Order Form (“Subscription Fees”). Unless otherwise stated, all fees are quoted in Swiss Francs (CHF) and are due within thirty (30) days of invoice date.
5.2. Subscription Fees are non-refundable except as expressly set forth in this Agreement.
5.3. Aleph Archives may adjust Subscription Fees at the start of any renewal term upon sixty (60) days’ prior written notice.
5.4. If the Customer fails to pay any undisputed amount within fifteen (15) days after written notice, Aleph Archives may suspend access to the Services until payment is received in full.
6. Service Levels
6.1. Aleph Archives shall use commercially reasonable efforts to maintain platform availability of at least 99.5% measured over each calendar quarter, excluding scheduled maintenance windows.
6.2. Scheduled maintenance shall be communicated to the Customer at least 48 hours in advance whenever reasonably practicable.
6.3. Aleph Archives shall maintain industry-standard security measures to protect the integrity and confidentiality of Customer Data, including encryption in transit and at rest, access controls, and regular security audits.
7. Intellectual Property
7.1. Aleph Archives retains all intellectual property rights in the Services, including all software, technology, documentation, and improvements thereto.
7.2. Nothing in this Agreement transfers any intellectual property rights from either party to the other, except the limited licence to use the Services during the Subscription Term as set forth herein.
8. Limitation of Liability
8.1. To the maximum extent permitted by applicable law, neither party shall be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or business opportunities, arising out of or related to this Agreement.
8.2. The aggregate liability of Aleph Archives under this Agreement shall not exceed the total Subscription Fees paid by the Customer during the twelve (12) months immediately preceding the event giving rise to the claim.
8.3. The limitations in this section shall not apply to: (a) breaches of confidentiality obligations; (b) infringement of intellectual property rights; or (c) liability that cannot be excluded or limited under applicable law.
9. Term and Termination
9.1. This Agreement commences on the effective date of the first Order Form and continues until all Subscription Terms have expired or been terminated.
9.2. Subscription Terms shall automatically renew for successive periods equal to the initial term, unless either party provides written notice of non-renewal at least sixty (60) days prior to the end of the then-current term.
9.3. Either party may terminate this Agreement immediately upon written notice if the other party: (a) commits a material breach that remains uncured thirty (30) days after written notice; or (b) becomes insolvent, files for bankruptcy, or ceases to operate in the ordinary course of business.
9.4. Upon termination, the Customer may request the export of Customer Data within thirty (30) days. After this period, Aleph Archives may delete Customer Data in accordance with our data retention policies.
10. Confidentiality
10.1. Each party agrees to treat as confidential all non-public information received from the other party that is designated as confidential or that reasonably should be understood to be confidential.
10.2. Confidential information shall not be disclosed to any third party except as required by law or as necessary to perform obligations under this Agreement, subject to appropriate confidentiality protections.
11. Indemnification
11.1. Aleph Archives shall indemnify and defend the Customer against any third-party claim alleging that the Services infringe any intellectual property right, provided the Customer promptly notifies Aleph Archives and cooperates in the defence.
11.2. The Customer shall indemnify and defend Aleph Archives against any third-party claim arising from the Customer’s use of the Services in violation of this Agreement or applicable law.
12. Governing Law and Jurisdiction
12.1. This Agreement shall be governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of laws principles.
12.2. Any dispute arising out of or in connection with this Agreement shall be submitted to the exclusive jurisdiction of the courts of Lausanne, Canton of Vaud, Switzerland.
13. General Provisions
13.1. This Agreement, together with all Order Forms, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings.
13.2. No amendment to this Agreement shall be effective unless in writing and signed by both parties.
13.3. The failure of either party to enforce any provision of this Agreement shall not constitute a waiver of such provision.
13.4. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
13.5. Aleph Archives may update these Terms of Service from time to time. Material changes will be communicated to the Customer at least thirty (30) days in advance.
Last Updated: February 8, 2026
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