Terms of Use

The Provider designs its current and future services (hereinafter referred to as the "Offer") at its own discretion. In particular, the Provider may offer the Offer for a fee or free of charge and may offer it for a definite or indefinite period of time.

The offer is aimed exclusively at legal and natural persons with the capacity to act. Legal entities are obliged to act exclusively by authorized persons or to be represented by authorized persons. Natural persons must be at least 18 years old to use the offer.

The Provider shall provide information about the Offer at its own discretion, in particular on the Platform. The Provider is entitled to provide the offer in whole or in part together with suitable third parties or to have it provided by suitable third parties.

Users acknowledge that any automated use of the Platform is prohibited, in particular with agents, bots and scripts. The Provider may enable automated use, in particular via an Application Programming Interface (API) or other interfaces.

Users acknowledge that the Platform may be unavailable or limited in whole or in part, in particular due to errors, technical problems and maintenance operations, or due to force majeure.

Users are obliged to continuously check the Provider's services and to report defects immediately, but no later than within seven days, by e-mail and via any other communication channels offered to the Provider. Defects that are not reported or not reported in time are considered accepted.

The Provider provides support to Users by e-mail and any other communication channels offered. The Provider makes every effort to respond to inquiries from Users as soon as possible and to try to remedy any defects.

Users are obliged to use the offer exclusively in accordance with the law and in accordance with any specifications of the Provider as well as in accordance with these Terms of Use and other contractual agreements.

Users are obliged to enter all necessary information correctly and completely when setting up user accounts and to keep them up to date during use. The Provider is entitled to check information provided by the Users, also with the help of suitable third parties.

Users are obliged to use only individual and personal user accounts. The access data, such as usernames and passwords, may not be shared with other users or other persons. The Provider may enable Users to set up and manage the accounts of other Users.

Users are obliged to use the offer exclusively to an appropriate extent ("fair use"). In the event of use that the Provider considers abusive or excessive, or in the event of use that impairs or may impair the use of the Platform by other Users, the Provider is entitled to restrict or prohibit the use of the Platform.

Users are obliged to only collect and disseminate content and other information that is legally compliant, for example when contacting other users. In particular, Users are obliged not to collect, distribute or refer to any fraudulent, discriminatory, erotic, false, misleading, pornographic, racist, harmful, unsafe or infringing content. Furthermore, users are particularly obliged not to capture, distribute or refer to any content that violates intellectual property rights, personal rights or other rights of third parties.

Users acknowledge that the use of the Platform for unsolicited or otherwise improper advertising is prohibited.

Users are solely and fully responsible for complying with applicable law and any other regulations when using the Platform. The responsibility of the users also includes all data about third parties or in connection with third parties.

The Users fully indemnify the Provider against any claims by authorities and third parties in connection with the Offer. The Users shall bear all costs of the Provider associated with the defense against any claims by authorities or third parties. The Users shall also bear all costs of the Provider associated with use that is presumed or actually not in accordance with the law or not in accordance with any specifications of the Provider and in accordance with these Terms of Use and other contractual agreements.

Unless otherwise offered or agreed, the Provider shall invoice any costs on the first of the month for the usage of the previous month, including any Value Added or Turnover Tax owed. The Provider is entitled to demand down payments or advance payments at any time.

Users are obliged to pay any costs immediately, but no later than within a payment period specified if applicable. If a payment is not made on time, users will automatically be in default without a payment reminder. The Provider is entitled to charge a lump sum of up to CHF 20.00 per payment reminder.

In the event of default, the Provider is entitled to charge interest at the statutory rate, but at least 5.0% per year. In the event of delay, the Provider is also entitled to discontinue the provision of services and to restrict or prohibit the use of the Platform.

The Provider is entitled to assign claims against the Users to third parties, in particular for debt collection. Users are obliged to bear the Provider's collection costs in full, unless such costs have already been covered by lump sums for expenses and interest. Users cannot offset their own receivables against receivables from the Provider.

The Provider processes personal data in accordance with Swiss data protection law, in particular the Swiss Data Protection Act (FADP) and other applicable data protection law.

The processing of personal data by the Provider on behalf of the Users is governed by the Provider's data processing agreement . The Data Processing Agreement is an integral part of these Terms of Use.

Users are solely responsible for complying with the applicable law in connection with data, in particular personal data and the protection of privacy, as well as for obtaining any necessary consents from data subjects in a legally valid manner. Unless otherwise offered or agreed, users are solely responsible for backing up their data.

Unless otherwise offered or agreed, the Provider offers the offer competently and carefully within the scope of its respective possibilities, but cannot guarantee a certain success, freedom from errors or complete availability at all times.

The Provider is only liable for direct damage caused by gross negligence or intent. The Provider completely excludes liability for auxiliary persons and for the loss of data.

The Provider is not liable for indirect and consequential damages, for claims by third parties, for lack of success, for loss of profit or for additional expenses of the Users in connection with the offer.

Furthermore, the Provider shall not be liable if it is unable to fulfil its contractual obligations towards the Users or cannot fulfil them in full due to force majeure. Force majeure includes, in particular, assassinations and explosions, wars and riots, lightning strikes and fires, natural disasters such as earthquakes, storms and floods, contagious diseases, epidemics and pandemics, including their medium and long-term direct and indirect consequences, nuclear accidents, the limitation or interruption of Internet connections, electricity supply and telecommunications services, strikes, magnetic storms, unforeseen Weather influences and officially or dered bans.

In any case, the Provider shall only be liable up to the amount of the costs paid by the affected Users in the last 12 months prior to a claim.

The limitation of liability under these Terms of Use shall apply regardless of the legal basis. Any further, statutory mandatory liability is reserved.

The parties agree on a definite or indefinite period of time for the use of services.

A certain duration is automatically extended by another equal duration without notice. Unless otherwise offered or agreed, ordinary termination is possible with a notice period of 30 days before the end of the specified period.

In the case of an indefinite duration, ordinary termination is possible with a notice period of 30 days, unless otherwise offered or agreed.

In the case of a definite or indefinite duration, extraordinary and immediate termination for good cause is possible at any time, in particular if:

1. the other party violates these Terms of Use and does not remedy this violation within 30 calendar days despite a warning, or

2. bankruptcy proceedings are opened against the other party, the other party declares itself insolvent or is insolvent, files an application for a debt restructuring moratorium, prepares for dissolution or liquidation, or ceases its business activities.

In the event of termination, unless otherwise provided by law, costs already paid will not be refunded and costs already agreed upon will remain owed.

The Provider is entitled to amend the Offer and these Terms of Use at any time. The terms of use at the time of use of the platform apply. The provider informs users about significant adjustments, especially on the platform. Users are obliged to terminate the contract with notice if they do not agree to an adjustment. Without notice, users accept the adjustment.

Rights and obligations arising from contractual agreements between the parties may not be assigned or transferred without the consent of the Provider, unless otherwise offered or agreed. Irrespective of this, the Provider is entitled to unilaterally assign or transfer rights and obligations arising from contractual agreements between the parties to parent companies, affiliates and subsidiaries as well as to legal successors who directly or indirectly take over all or essential activities of the Provider.

Should individual provisions of these Terms of Use or other contractual agreements between the parties prove to be incomplete, void or ineffective, this shall not affect the validity and effectiveness of the remaining contractual agreements between the parties. In such a case, the parties will adapt, interpret or replace the contractual agreements concerned in such a way that the purpose pursued by the incomplete, void or invalid provisions is achieved as far as possible.

The Offer is subject exclusively to Swiss law, excluding its conflict of law provisions. Mandatory applicable law is reserved, in particular normally mandatory law for consumers at their place of residence.

The exclusive place of jurisdiction is at the registered office of the Provider. However, the Provider is entitled to assert its claims at its own discretion also at the place of residence of persons who use the offer. Mandatory places of jurisdiction are reserved, in particular normally existing places of jurisdiction for consumers at their place of residence.