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Terms and Conditions (T&C)

Please note: The legally binding version of these Terms and Conditions is in German. This English version is provided as a translation for your convenience.

Fabian Lang, Wydenstrasse 22, 6030 Ebikon (hereinafter referred to as "Provider"), provides the web application "Triventa" as Software as a Service (SaaS) for use. These T&C govern the legal relationship between the customer (hereinafter referred to as "User") and the Provider.

1. Scope of T&C

1.1 These T&C apply to all offers and products provided by the Provider.

1.2 Changes and supplementary agreements are only effective if agreed upon in writing by both parties.

1.3 The User accepts these T&C as soon as they activate an account in the web application.

2. Subscription Conclusion

2.1 Use of the service is done by choosing a package and the associated subscription. The applicable prices for the package are published on the website www.triventa.ch.

2.2 The subscription is concluded as soon as the User registers on the web application www.app.triventa.ch, selects a desired package, and successfully completes the payment process.

2.3 The subscription has a minimum duration of one month and automatically renews for another month. As long as the subscription is not canceled according to the measures provided in Section 4, the subscription continues indefinitely.

2.4 The package can be changed during the term. The amount due is calculated based on the remaining term of the current subscription, or deducted from the next invoice amount for a cheaper package.

3. Payment Terms

3.1 Payment is made by charging a credit card (Visa, Mastercard) in Swiss Francs.

3.2 The amount for the next period is automatically deducted from the User's registered credit card.

3.3 If the User is in payment default or the stored credit card cannot be charged, the application can still be used until the end of the current term. After that, a new package must be booked with a valid credit card.

3.4 If the User is in payment default for more than 3 months, or the last valid subscription was more than 3 months ago, all User data will be completely and irrevocably deleted.

3.5 If the Provider discontinues the application as SaaS, they are obliged to refund prepaid amounts pro rata temporis.

4. Subscription Termination

4.1 The subscription can be canceled at the end of each month in the application or via the Stripe portal.

4.2 The Provider undertakes to irrevocably delete all data of the User after a maximum of 3 months after termination of the subscription or upon request of the User.

4.3 Should the Provider discontinue operation of the application, they undertake to inform the User as early as possible. In this case, the User has the right to terminate the subscription immediately.

4.4 It is in the User's interest to back up data before terminating the subscription so that it is available outside the "Triventa" web application.

4.5 The Provider is not obliged to transfer User data to other providers upon termination of the subscription.

5. Warranty

5.1 The Provider strives to make the application available seven days a week and 24 hours a day without disruptions and interruptions as far as possible.

5.2 The Provider undertakes to keep their own systems up to date with current technical standards for security.

5.3 The Provider undertakes to carry out maintenance work, expansion of services, and introduction of new functions preferably at night and outside of usage times.

5.4 In case of unforeseeable operational interruptions, the Provider informs the User as quickly as possible and undertakes to remedy the disruption as soon as possible within their capabilities.

6. Liability Provisions

6.1 The Provider limits their liability to damages attributable to intentional breaches of contract or gross negligence.

6.2 The User is aware that even with careful software development and maintenance, errors can occur, so the Provider cannot guarantee fault-free functionality of the web application.

7. Exemption from Performance Obligation

7.1 The Provider is not liable for defects and disruptions that they are not responsible for, especially not for security deficiencies and operational failures of third-party companies with which they cooperate or on which they depend.

7.2 Excluded from warranty are defects and disruptions that the Provider is not responsible for, such as natural wear and tear, force majeure, improper handling, excessive use, unsuitable operating materials or extreme environmental influences, interventions by the User or disruptions by third parties, e.g., viruses, worms that occur despite the necessary current security precautions.

8. Data Protection

8.1 When processing personal data via the "Triventa" web application, the User becomes responsible for data protection and must comply with applicable data protection laws and regulations.

8.2 By using the "Triventa" web application, the User accepts the Provider's Data Processing Agreement (DPA).

8.3 Further information on data protection can be found in the privacy policy on the Provider's website.

9. Confidentiality

9.1 All contracting parties treat all information confidentially that is neither generally known nor generally accessible, in particular information about know-how and program design.

9.2 The confidentiality obligation according to Section 9.1 exists even before subscription conclusion and continues beyond the termination of the subscription.

10. Relationship with Third Parties

10.1 The Provider undertakes to fulfill their rights and obligations from the subscription completely themselves and not to transfer them to third parties, unless this is regulated in the Data Processing Agreement (DPA).

11. Support

11.1 The Provider supports the User with technical questions and application problems after opening the account.

11.2 The elimination of disruptions for which the Provider is responsible, as well as the relevant advice, are free of charge for the User.

11.3 Fault reports and inquiries can be communicated directly in the application.

11.4 For services such as adjustments or corrections of data records, consultations and support in using the application, an hourly rate of CHF 150.- is charged.

12. User Obligations

12.1 The User acquires at their own expense the facilities such as computer, tablet or smartphone that they need to access the application.

12.2 The User must secure their own system so that it does not become a source of danger for others.

12.3 The User undertakes to change passwords regularly and manage passwords and other access data carefully and keep them secret.

12.5 The User refrains from disseminating information and image material with unlawful content. The User does not use the Provider's services in an illegal manner.

13. Copyright

13.1 The "Triventa" web application is protected by copyright.

14. Changes to T&C

14.1 The Provider is entitled to change or supplement these T&C with a reasonable notice period with effect for the future.

14.2 If the User does not agree with the change or supplement, the application cannot be used further. The User is free to terminate the subscription immediately.

15. Applicable Law / Jurisdiction

15.1 Swiss law applies.

15.2 The place of jurisdiction for disputes arising from these T&C is the seat of the Provider.

16. Final Provisions

16.1 Should individual provisions of these T&C be wholly or partially invalid, this does not affect the validity of the remaining provisions.

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