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DRAFT – to be reviewed by a lawyer before publishing.

Terms of Service

Updated:

DRAFT – to be reviewed by a lawyer before publishing.

These Terms of Service (“Terms”) govern your purchase and use of Arkivy, a web application offered at https://arkivy.smarting.pe by Arkivy ([LEGAL NAME]), with its address at [ADDRESS], Peru (“we”, “us”). By buying a licence or using Arkivy, you agree to these Terms. If you don’t agree, don’t use it.

1. What Arkivy does

Arkivy is a web app that runs in your browser. With your permission, it connects to your Android phone over USB, copies WhatsApp’s local backup file, decrypts it on your computer using the 64-digit key of WhatsApp’s end-to-end encrypted backup, and saves your conversations and media into a folder you choose, with a viewer to browse and search them.

Arkivy does not restore chats into WhatsApp or move them to another phone. It is an archive and viewer for your computer. Your chats are processed locally and are not uploaded to our servers (see our Privacy Policy).

2. Requirements

To use Arkivy you need, at a minimum:

  • a Windows PC with a recent version of Google Chrome or Microsoft Edge;
  • an Android phone (iPhone is not currently supported) and a USB data cable;
  • USB debugging enabled on the phone during use;
  • WhatsApp’s end-to-end encrypted backup turned on with a 64-digit key, which you must keep.

Please check these requirements before you buy. If you lose your 64-digit key, the backup cannot be decrypted by anyone, including us.

3. Plans and licences

Free plan. After you sign in with your email, you can save 1 chat of your choice, text messages only, at no cost and without a card. The free chat is tied to your WhatsApp account (your number), not to your email, so there is one per number.

Personal licence. A yearly payment of US$29 gives you a personal, non-exclusive, non-transferable licence for one WhatsApp account (one number), tied to your account (your email) and usable from any PC with Chrome or Edge, for non-commercial use. It lets you save all your chats with their photos, videos, voice notes and documents, and make unlimited new backups during the year. The licence renews yearly. If you don’t renew, you can no longer make new backups, but everything already saved on your PC remains yours.

Business licence. A yearly payment of US$79 for each WhatsApp number, for use within your business. It includes everything in Personal plus the optional AI sales dashboard described on our website, with 5,000 AI usage credits per year for each licence. 1 credit = 100 messages analyzed, and the exact cost in credits is shown before each analysis. The licence renews yearly. If you don’t renew, everything already saved on your PC remains yours.

Payment. Paid plans are billed yearly, by credit or debit card only, in US dollars. Prices are shown at checkout, including or excluding taxes as indicated. Payments are processed by our payment processor, [PAYMENT PROCESSOR], under its own terms. [CONFIRM WHETHER RENEWAL IS AUTOMATIC AND HOW TO TURN IT OFF.]

4. Money-back guarantee

If Arkivy doesn’t work for you, you can request a full refund within 7 days of your first purchase by emailing smarting.agencia@gmail.com with your order details. This guarantee is in addition to any rights you have under consumer protection law where you live, which these Terms don’t limit.

5. Permitted use

You may use Arkivy only to process your own conversations, or conversations you are lawfully authorized to access. You must not:

  • access another person’s phone, account or backup without their permission;
  • use Arkivy for surveillance, harassment, stalking or any unlawful purpose;
  • resell, sublicense, share licence keys, or use one licence on more PCs than you paid for;
  • reverse engineer, copy or modify the app, except as allowed by law;
  • interfere with the security or operation of our website.

Business users are responsible for complying with data protection and privacy laws for their customers’ data, including having a legal basis for any processing and for sending conversation text to AI analysis.

6. Limitations

Arkivy depends on technology we don’t control, including WhatsApp, Android, Windows and your browser. In particular:

  • WhatsApp may change its backup format or encryption at any time, which may temporarily or permanently affect what Arkivy can read. We will make reasonable efforts to adapt, but we can’t guarantee compatibility with every future version.
  • Some phone models, Android versions, cables or USB drivers may not work.
  • Messages that were not included in WhatsApp’s local backup (for example, deleted messages) cannot be recovered.
  • Arkivy does not certify messages and is not a substitute for a forensic expert, notary or legal advice.
  • AI analysis results are automated estimates and may be wrong. Review them before making decisions.

7. Your responsibility for your data

Because your data stays on your computer, you are responsible for keeping your 64-digit key, the output folder and your PC secure, and for making your own backups of that folder. We cannot recover chats, keys or files for you.

8. Intellectual property

Arkivy and its software, design and content belong to Arkivy or its licensors. These Terms give you a licence to use it, not ownership. Your conversations and files remain yours.

9. Not affiliated with WhatsApp or Meta

Not affiliated with WhatsApp or Meta. WhatsApp is a trademark of WhatsApp LLC. We use the name only to describe the files Arkivy works with.

10. Disclaimer and limitation of liability

To the extent permitted by law, Arkivy is provided “as is” and “as available”, without warranties of any kind beyond those that cannot be excluded by law. To the extent permitted by law, we are not liable for indirect, incidental or consequential damages, or for loss of data, profits or business, and our total liability for any claim relating to Arkivy is limited to the amount you paid us in the 12 months before the claim. Nothing in these Terms limits liability that cannot be limited by law, such as liability for fraud or, where applicable, for death or personal injury caused by negligence.

11. Suspension and termination

We may suspend or terminate a licence if you seriously breach these Terms, for example by sharing licence keys or using Arkivy unlawfully. You can stop using Arkivy at any time.

12. Changes

We may update these Terms. The version in force at the time of your purchase applies to that purchase; material changes to paid plans will be notified by email before they take effect.

13. Governing law and disputes

These Terms are governed by the laws of [Peru], without prejudice to the mandatory consumer protection rules of the country where you live. Disputes will be submitted to the courts of [CITY, Peru], unless the law of your country gives you the right to bring proceedings in your local courts.

14. Contact

Questions about these Terms: smarting.agencia@gmail.com.