1. General
    The GTC apply to all services and products rendered or made available to the customer by Calenso AG (hereinafter referred to as the "Provider"). Deviating provisions shall only apply if they have been expressly agreed in writing between the Supplier and the Customer. By completing and sending the order for the relevant products, the licensee accepts these terms and conditions to the licence agreement.

    Any special or general terms and conditions of contract that contradict these GTC shall not be accepted by the Provider and shall have no validity in the relationship between the Provider and the Customer. Individual agreements take precedence over these GTC.

  2. Conclusion of the contract / duration of the contract / scope of the licence
    The contract between the customer and the provider is concluded by agreement or informally by using the services. The content and scope of the services are set out in these GTC or in any individual agreements.

    The Provider may make acceptance of the contract dependent on the provision and verification of various data of the Customer, in particular address, e-mail address, etc. The Customer guarantees that the data provided by him/her are correct. The customer guarantees that the information provided by him is true. In any case, the provider has the right to refuse the conclusion of a contract.

    Even after payment of the licence fee, the software remains the property of the provider. The licensee is prohibited from further developing, marketing, copying or transferring the software and parts thereof to third parties. The copyright of the software remains in full with the provider as licensor and is not transferred to the licensee. The customer is deemed to be the sole licensee authorised to use the software in accordance with the contract.

    The customer must ensure that the technical and actual prerequisites for the receipt and use of the services, data and content are met on his side. If these requirements are not met, this shall have no influence on the conclusion and continued existence of the contract between the customer and the provider.

    The customer undertakes to truthfully provide the personal data required at the time of registration. The customer undertakes to notify the provider of any changes to the personal data.

    Insofar as continuing obligations exist, these may, unless otherwise agreed, be terminated by the customer in writing subject to a notice period of one month.

  3. Prices
    The offeror's prices are in Swiss francs, exclusive of value added tax and other duties. Purchase prices stated in the offer may be adjusted by the supplier in the event of price changes. Work services shall be offered at a flat rate or at cost. If services are charged on a time and material basis, the price quoted in the offer shall be based on an estimate. In this case, only the agreed hourly rate in connection with the work report shall be decisive. However, if it is foreseeable that the estimated expenditure will be significantly exceeded, the provider shall inform the client as soon as possible in order to determine the further procedure with the client; in this case, the client shall not be entitled to withdraw from the contract.

  4. Warranty
    The Provider warrants that the licensed software substantially complies with the product specification, is functional and can be used accordingly. Rectification is only possible with the provider's consent. The Supplier shall only undertake any modifications or rectifications to the software on the basis of a special agreement. The Licensee shall not be entitled to any customer support or upgrade activities by the Provider.

    On the other hand, the supplier assumes no responsibility for the profitability of the licensed software and the business based on it. There is no guarantee whatsoever that a profit can be made with the software in the short or long term. It is the responsibility of the licensee to control the individual transactions made with the help of the software and to monitor the respective compatibility with his risk profile. The licensee uses the program at his own financial risk and responsibility.

    If any defects are discovered in the licensed software, these must be reported to the provider in writing or by email within 3 days of the first use of the software at the latest. The provider shall not be liable for defects that have arisen as a result of incorrect handling, normal wear and tear or external influences (power failure, faulty hardware, etc.).

  5. The subscription, which is paid for "once", also known as a "one-time subscription", is made available as long as the provider's business activities are fulfilled. If the provider's business activities are discontinued, no subscription costs will be refunded.

  6. Limitation of liability
    The Provider shall only be liable for damage as a result of gross errors in the software if there is evidence of gross negligence and intent on the part of the Customer. All claims for damages and further claims shall be limited in value to the licence fee paid. Any liability beyond this (except in the case of personal injury) is excluded.

    Similarly, claims for damages for loss of investment, for loss of profit, for loss of data, for restoration of the software, for downtime or for other lost production or working time and for course losses are completely excluded; this applies to all claims of the customer, irrespective of the legal grounds. The Provider accepts no responsibility for external or indirect defects and consequential damage (e.g. damage from operational failure, delay in forwarding information, due to viruses or from line or system errors). Insofar as the contractual liability of the provider is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents of the provider.

    The Customer accepts checks and maintenance work by the Provider which may temporarily impair the availability of some or all products. Temporary transmission delays may also occur when third party content and services are forwarded. The Provider shall endeavour to keep downtimes as short as possible in the interest of the Customer. The customer accepts proportionate impairments. The provider is not liable for system failures of network operators, service providers, etc.

    The provider offers no guarantee that the services will be accessible without interruption, that the desired connections can be established at all times, or that stored data will remain available under all circumstances. An interruption in the accessibility of the services for the customer shall not give rise to claims for damages.

  7. Data protection
    All information and details may be stored and retained by the licensor for subsequent proof of performance and conclusion of the contract. Information and details will not be passed on to third parties, except where third parties act as subcontractors to the provider in the performance of the contract.

    The Provider shall not be liable for data security during the transmission of the software via the Internet (e.g. due to technical errors of the provider) or for possible illegal access by third parties to files of its Internet presence. Access data for the customer login, which are transmitted to the customer at the customer's request, are to be treated as strictly confidential by the customer.

    By using a service offered by the Provider, the Customer revocably accepts to send him/her advertising by email, SMS and/or MMS, as well as to send him/her advertising, offers and information of any kind by post, email and any other means.

    The unlimited and unrestricted sending of email, SMS and MMS as well as the unlimited and unrestricted sending of advertising, offers and information of any kind are expressly approved by the customer. The customer may terminate the corresponding sending at any time by e-mail or by calling the provider (opting out).

  8. Applicable law, place of jurisdiction
    The GTC and the legal relationship between the provider and the customer are subject to Swiss law. The exclusive place of jurisdiction is at the registered office of the provider.
  1. Scope and subject matter of the General Terms and Conditions
    The GTC apply to all services and products provided to the customer by Calenso AG (hereinafter referred to as the "Provider"). Deviating provisions shall only apply if they have been expressly agreed in writing between the Supplier and the Customer.

    Special or general contractual terms and conditions that contradict these GTC shall not be accepted by the Supplier and shall have no validity in the relationship between the Supplier and the Customer.

  2. Conclusion of contract
    The contract between the client and the provider is concluded by agreement or informally by using the services. The content and scope of the services are set out in these GTC or in any individual agreements.

  3. Services of the provider
    The Provider shall provide services that are performed diligently to the best of its ability.

    The Provider has the right at any time to change the type, scope, price, purchase conditions and purchase channels of the services it provides and to refuse its services completely in the event of default in payment or other breaches of duty.

    Prices are quoted in Swiss francs. Our list prices valid on the day of delivery shall be used for calculation.

  4. Obligations of the customer
    The client undertakes to pay the agreed fee.

    The customer is obliged to take all precautions to enable the provider to render its services to the customer. Depending on the circumstances, this may include the provision of suitable information and documentation to the Provider.

  5. Liability
    The Provider strives to provide a high level of professional services.

    No liability is assumed for the statements and information in the advertisements and offers of the provider. The provider does not assume any guarantees for the goal to be achieved. It only guarantees the provision of the promised services in accordance with the standard of care customary in the industry.

    The provider disclaims any liability and warranty that may arise in connection with the provision of its services to the client, insofar as it is a matter of slight or medium negligence.

    The provider shall only be liable for demonstrable damage to the customer caused intentionally or by gross negligence. Liability for consequential and indirect damages is excluded in all cases.

  6. Intellectual property rights
    Any content made available by the provider for its services is protected by copyright. The use and payment of the services by the customer does not result in the transfer of intellectual property rights.

  7. Data protection and confidentiality
    The provider shall take all reasonable measures to protect the data stored by it. Access by third parties to data stored with the provider or a contractual partner of the provider shall not result in liability on the part of the provider and its contractual partners.

    The provider uses customer data to fulfil the services offered in accordance with the contract and the law, to maintain the customer relationship and to submit offers.

    The customer fully agrees to the storage and use of his data by the provider. The customer may prohibit the use and processing of his data for marketing purposes at any time.

    Both parties undertake themselves and their employees, other auxiliary persons and third parties called in to treat as strictly confidential all documents and information which are not generally known and which they receive or learn in connection with the performance of service contracts and which relate to the business sphere of the other party. The Provider is authorised to use the name and identification number of the Client, as well as the services provided to the Client, for reference purposes. The aforementioned obligation to maintain confidentiality shall continue to exist for an unlimited period of time even after termination of the contractual relationship between the parties and shall be transferred to any legal successors.

  8. Invoicing, terms of payment and default
    The client is obliged to pay all invoices in full.

    The customer undertakes to pay the amount owed within 30 days at the latest from the date of delivery of the invoice. If the customer does not meet his payment obligation within the payment period, he shall be in default on expiry of this period without a reminder. The default interest rate is 5%.

  9. Applicable law, place of jurisdiction
    The GTC and the legal relationship between the provider and the customer are subject to Swiss law. The exclusive place of jurisdiction is at the registered office of the provider.