GTC

Scope of application

1.1. Wolkenreich GmbH in Flims, Switzerland (hereinafter referred to as the "Provider") operates a web application (hereinafter referred to as "EFFIZO") on the Internet at https://effizo.ch in accordance with the scope of services described in Section 2. These General Terms and Conditions ("GTC") apply to the offers and services of EFFIZO. They govern the relationship between the Provider and natural persons or legal entities with business relationships with the Provider, hereinafter referred to as "Users", each individually as a "Party" and together as the "Parties".

1.2. These GTC form an integral part of the contract entered into between the parties. General terms and conditions of the user or third parties are explicitly excluded. The current version of the GTC can be viewed at https://effizo.ch.

1.3. These GTC apply to all offers and services of EFFIZO. Separate, additional terms and conditions may apply to the use of individual modules. In the event of contradictions, the respective supplementary terms and conditions shall take precedence.

1.4. When registering and creating a user account with EFFIZO, users accept these GTC and instruct the Provider to process certain data in accordance with the respective services.

Scope of services

2.1. The Provider makes the web-based accounting software EFFIZO available to the User on the website https://effizo.ch as "Software-as-a-Service".

2.2. The services of EFFIZO are subject to a fee.

2.3. The user is granted the fee-based, non-exclusive right to use the selected cloud-based services for the duration of the respective contract.

2.4. The rights of use are not transferable or sublicensable.

2.5. All rights to the EFFIZO software, the brand and the procedures of the offers and services remain with the Provider. The user receives a right of use in accordance with these GTC.

2.6. The Provider is entitled to engage third parties for the provision of its services and user support.

Registration

3.1. To use EFFIZO, the user must create an account. Registration enables the user to authenticate himself.

3.2. The user is obliged to provide complete and truthful information during registration and other acts of use, to keep all information up to date (in particular e-mail addresses), to notify changes and to correct errors immediately. By registering, the user confirms that he/she is capable of acting or authorized to act on his/her behalf and that he/she is acting with the consent of any legal representative.

3.3. The Provider reserves the right to reject requested registrations without giving reasons.

Contract

4.1. The user has the opportunity to test the services of EFFIZO free of charge for a period of 30 days with limited functionality. At the end of the trial period, access to EFFIZO will be blocked.

4.2. After expiry of the free trial period in accordance with section 4.1, the user can purchase the services for a fee.

4.3. The contract period is one year and is automatically extended by a further year after expiry.

4.4. A contract is concluded when the User subscribes to EFFIZO's services for a fee.

4.5. Cancellations must be made online by the user in the user account. The contract can be terminated annually without notice at the end of the current contract period. The automatic contract extension ends upon termination.

4.6. The parties may terminate the contract without notice for good cause. This includes, among other things, a breach of the payment, usage and license conditions of these GTC. In this case, the party in breach of contract is not entitled to compensation.

4.7. The Provider is entitled to delete all data of the user concerned six months after termination of the contract.

4.8. The contract is generally subject to approval by the provider. The user must be notified of any rejection within 12 working days of activation of the paid subscription if possible.

4.9. Upon request, the Provider may transfer the User's data to other providers upon termination of the contract. The Provider shall charge for the work involved in accordance with standard industry rates.

Prices and terms of payment

5.1. The prices of the services are shown on the EFFIZO website and in the user account.

5.2. The Provider is entitled to adjust the prices by notifying the User at the next possible termination date. Reasons for such a price change are in particular technical progress, further development of the services or increased costs.

5.3. EFFIZO's services are paid for at the beginning of the usage period for each month or for a whole year, depending on the subscription chosen.

5.4. The user has the option of paying by credit card. If they wish to pay by invoice, they must send the provider a request by e-mail. Payment by invoice may result in a higher subscription price.

5.5. When accessing EFFIZO's services, data traffic costs may be incurred depending on the end device used and the contractual relationship with the Internet provider. This also applies to access from abroad.

5.6. All prices are in CHF and exclusive of VAT, unless VAT is explicitly stated as included. Invoices from the Provider are payable within 10 calendar days of the invoice date.

5.7. If a User is in default of payment, the Provider shall first send him a reminder. If the User does not pay within 30 calendar days, the Provider reserves the right to block or suspend the EFFIZO service until payment is received. If the User fails to settle the Provider's invoice within a further reasonable grace period, the Provider may terminate the contract without notice. The Provider reserves the right to claim all damages in such cases.

5.8. The offsetting of claims of the user against claims of the provider is excluded.

5.9. If third-party providers are commissioned to process payments, their terms and conditions apply.

5.10. If the Provider discontinues the services of EFFIZO, it undertakes to inform the User of this in good time in advance and to refund the prepaid amounts pro rata temporis.

Support

6.1. The provider supports the user with technical questions, installation and application problems free of charge by e-mail after the user account has been opened.

6.2. The rectification of faults for which the provider is responsible, as well as the relevant advice, is free of charge for the user.

Data privacy

7.1. The careful handling of personal data, its protection against unauthorized access and its confidentiality have the highest priority at EFFIZO. The handling of personal data is described in EFFIZO's privacy policy. The current privacy policy is available on the EFFIZO website.

7.2. The parties undertake to comply with the applicable data protection provisions and to process data carefully. Personal data may be used by the Provider or by third parties engaged by the Provider in the following ways in particular: 

7.2.1. To check the requirements for the conclusion of a contract

7.2.2. To fulfill contractual obligations towards the user

7.2.3. To fulfill contractual obligations towards the user

7.2.4. To maintain and develop the relationship between the user and the provider as well as the usage behavior

7.2.5. To prevent unlawful use of services, e.g. to prevent fraud, excessive use, etc.

7.2.6. For invoicing

7.2.7. For financing and collection purposes

7.2.8. For the preparation of creditworthiness and credit reports 

7.2.9. For address validation

Confidentiality

8.1. All contracting parties shall treat as confidential all information that is neither generally known nor generally accessible. In case of doubt, information must be treated confidentially.

8.2. The confidentiality obligation exists even before the contract is concluded and lasts beyond the termination of the contract as long as the data in question has not been published.

8.3. The user can irrevocably delete the stored data at any time. The provider assumes no responsibility for backing up the deleted data.

8.4. The Provider undertakes not to grant its employees, consultants or other third parties access to the User's data not intended for publication. Should this nevertheless be necessary in exceptional cases for technical reasons, the persons concerned are obliged to maintain equally strict confidentiality. This also applies if the Provider, with the permission of a User, engages third-party companies to fulfill the contract. Where applicable, the Provider and its subcontractors are subject to the respective professional secrecy of the User and the applicable data protection provisions.

User obligations and sanctions

9.1. The user is obliged to provide the data required to process the contract completely and truthfully and to notify us of any changes without delay.

9.2. The user is obliged to only upload content to the application for which he/she holds the corresponding rights. It is not permitted to upload content that violates legal provisions, in particular third-party intellectual property rights or competition law provisions. In addition, the content submitted must not be offensive.

9.3. In the event of misuse of the applications, in particular if a criminal offense is suspected, the data may be evaluated for the purpose of clarifying the facts and forwarded to the responsible official authorities or the third parties affected by the misuse upon justified request.

9.4. The user is obliged to take all actions that can reasonably be expected of him to prevent the services of EFFIZO from being used for illegal purposes or to prevent the software from being restricted or damaged.

9.5. If there are indications of conduct in breach of the law or the contract, the Provider may require the User to use the service in accordance with the law and the contract, change, restrict or discontinue the provision of its services without prior notice and without compensation, temporarily block access to EFFIZO, terminate the contract without notice and without compensation and, if necessary, demand compensation for damages and indemnification against third-party claims. The Provider is also entitled, with or without notification from third parties, to remove unauthorized content immediately and without prior notice.

9.6. The user undertakes to comply with mandatory legal provisions.

9.7. The user is obliged to use the services of EFFIZO only to the extent stipulated in the contract.

9.8. The user is obliged to install the necessary software updates on the devices.

9.9. An Internet connection is required to use the services of EFFIZO. The user is responsible for the operation of the internet connection.

9.10. The User must secure its own systems in such a way that they do not become a source of danger for the Provider or third parties and that neither the security, integrity nor availability of the infrastructure used by EFFIZO for its services is impaired. The Provider may block services in whole or in part if the User's systems impair the security, integrity or availability of the infrastructure.

9.11. The user is responsible for ensuring that the address designations chosen by him, such as domain or e-mail addresses, do not infringe the rights of third parties.

9.12. The user undertakes to change passwords at regular intervals. The user shall manage passwords and other access data carefully and keep them secret.

9.13. If the user discovers or suspects misuse of his account, he must change the access data immediately and notify the provider without delay.

9.14. If the user fails to inform the provider of the misuse of his passwords, he must pay for the unauthorized services in accordance with the contract.

9.15. It is the responsibility of the user to make backup copies of his data.

Warranty and liability

10.1. The Provider provides its services in accordance with recognized standards and endeavours to provide them in the best possible way.

10.2. The Provider shall endeavor to ensure a high level of availability of EFFIZO's services. However, it cannot guarantee that its infrastructure and services will function without interruption or disruption. To the extent permitted by law, the Provider shall not be liable for damages due to force majeure or disruptions caused in particular by a lack of Internet connection, unlawful interference with telecommunications equipment and networks, network overload, willful blocking of electronic access by third parties or interruptions.

10.3. The Provider undertakes not to carry out maintenance work, expansion of services, introduction of new hardware and software during normal business hours if possible.

10.4. There are no assurances or guarantees regarding availability, quality, operation or support for third-party services.

10.5. The user is fully responsible for the correct management of the accounts. The Provider accepts no responsibility in this regard.

10.6. Unless expressly agreed otherwise, the user is responsible for his own data backup.

10.7. The Provider undertakes to keep the technical infrastructure for the security of its own systems and EFFIZO's services at an appropriate, up-to-date level.

10.8. The user is fully responsible for access to his/her account. The user is obliged to treat his access data confidentially and to make it accessible only to authorized persons. The provider excludes all responsibility for this.

10.9. To the extent permitted by law, the Provider accepts no liability whatsoever if a user breaches his data protection and confidentiality obligations towards third parties or third-party companies.

10.10. The Provider is liable for damage caused by gross negligence and intent. Liability for slight and medium negligence is excluded to the extent permitted by law. In particular, the Provider's liability for indirect, collateral and consequential damages such as loss of profit, unrealized savings, additional expenses, loss of data, damages resulting from downloads or third-party claims is generally excluded.

10.11. The Provider shall not be liable for damage caused by auxiliary persons engaged by it or by third parties (e.g. subcontractors, suppliers, etc.) as a result of slight or moderate negligence.

10.12. Claims arising from product liability and personal injury are reserved.

10.13. To the extent permitted by law, the Provider shall not be liable for damages resulting from use of the services in breach of the law or contract. The User shall be liable for breaches of contract or law by the User and corresponding claims by third parties. If legal action is brought against the Provider due to illegal or non-contractual use, the User concerned shall indemnify the Provider against any third-party claims.

10.14. The User is obliged to indemnify the Provider in full and without limitation and to protect and indemnify the Provider against any legal remedies of third parties that arise if the User has violated these GTC.

Intellectual property rights and license

11.1. The Provider grants the User an exclusive, non-transferable and non-sublicensable right to use the software specified in the contract and the associated user documentation for the duration of the contract. The software is provided via the Internet (Software-as-a-Service). The user undertakes to use the software exclusively in accordance with the contract and not to pass it on to third parties or make it accessible to third parties in any other way. The user is not authorized to reconstruct (reverse engineer), decompile, disassemble or duplicate the software or to use any part of the software to create a separate application.

11.2. Third-party software and intellectual property rights are subject to the General Terms and Conditions of Business and Use and License Conditions issued by third parties. The Provider explicitly excludes any warranty for third-party software. 

Adjusting and discontinuing the applications

12.1. Extensions to the scope of services and functionalities can be made at any time without prior notification to the user.

12.2. The user must be informed in advance of any major restrictions to the scope of services and functionalities.

12.3. If adjustments lead to a significant deterioration for the user, the user has the right to terminate the use of the relevant application or the entire application with one month's notice to the end of each month.

12.4. The Provider's services may be discontinued entirely. The user must be informed of this in advance.

12.5. The Provider may amend these GTC and supplementary terms and conditions at any time. The changes will be communicated in good time and in an appropriate manner. If the user does not agree with the changes, he may terminate his account at any time or terminate chargeable services at the next possible termination date.

Final Clauses

13.1. Should individual provisions of these GTC or supplementary terms and conditions be invalid, incomplete or unlawful or should fulfillment become impossible, this shall not affect the validity of the remaining parts of the contract. In this case, the parties undertake to immediately replace the provision in question with a valid provision that comes closest to the original intention in terms of its content.

13.2. Swiss law shall apply exclusively to all questions and disputes in connection with the services, subject to the mandatory law of the respective country of residence of the user, to the exclusion of the provisions of international private law (IPR) and the UN Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction is the Provider's registered domicile; mandatory places of jurisdiction remain reserved.