General terms and conditions for software from datenschutzkonform.ch

Subject of the contract

For the business relationship between binary shift GmbH (hereinafter referred to as the "Provider") and the customer with regard to the tool datenschutzkonform.ch (hereinafter referred to as the "Tool") as well as with regard to the e-mail services (electronic newsletters, etc.), these General Terms and Conditions shall apply in addition to the contract of use concluded with the customer in the version current at the time of the order by the customer.

These general terms and conditions also apply to the use of the tool and the associated public homepages (e.g. www.datenschutzkonform.ch, www.binaryshift.ch) outside of a written contractual relationship, namely during free test phases.

The subject of these general terms and conditions is the use of the tool and electronic content offered on the associated public websites currently and in the future, against payment or free of charge.

Contradictory, deviating or supplementary general terms and conditions of the customer shall not become part of the contract unless they are available to the provider in writing and the provider expressly agrees to their validity.

Scope of services

The Provider offers the Customer password-protected access via the Internet to functions contained in the Tool for the implementation of the Customer's data protection management for a fee. The service available to the Customer under the concluded User Agreement is defined in the User Agreement. The Provider grants the Customer the non-exclusive, non-transferable right to use the software, limited in time to the term of the User Agreement, for the term of the User Agreement.

The contents are updated continuously according to the technical and organizational conditions. In order to maintain the quality standard, but also with regard to technical or economic developments, the provider has the right to expand or restrict the contents of the tool at any time.

The services of the provider are generally available around the clock from Monday to Sunday. The Provider shall endeavor, as far as is reasonable, to ensure uninterrupted availability of all offers, but reserves the right to carry out maintenance-related shutdowns and thus temporarily restrict the availability of all or part of its services.

The provider renders the Internet services with the greatest possible care, reliability and availability. However, the provider does not guarantee that its services will be accessible without interruption, that the connection to the servers can always be established or that the data stored in the systems will remain stored under all circumstances.

Insofar as the Provider offers partner services within the scope of its services, their availability shall be governed by their provisions. Under no circumstances shall the Provider be liable for malfunctions and/or interruptions concerning these partner services.

Conclusion of contract, term and termination and contract adjustments

The contractual relationship between the provider and the customer comes into effect upon signing the individual usage contract. The term of the standard usage contracts is based on the conditions agreed in the contract. After submission of the signed user contract, it can still be revoked by the customer during a period of seven (7) days from the date of signing without any cost consequences, otherwise it shall become legally effective on the date agreed in the user contract.

Termination of the usage contract is governed by the termination provisions defined in the contract itself. Both the customer and the provider have the right to terminate the contract in accordance with the contract. The right of both parties to terminate for cause remains reserved.

The provider reserves the right to periodically review the contractual terms and conditions and to adjust them if necessary. Changes and amendments to these GTC will be communicated to the customer either in writing, by e-mail or online at the next login at www.datenschutzkonform.ch. Subject to a general adjustment of the tariff regulations, changes to the usage contracts concluded with the customer are subject to separate negotiations

Rights of use

Within the framework of the usage agreement and in accordance with these GTC, the Provider shall provide the Customer with the non-exclusive right, limited to the duration of the usage agreement and non-transferable to third parties, to use the tool accessible to him in accordance with its intended purpose. The users registered by the customer are not considered third parties.

Unless otherwise agreed in writing with the customer, any further or additional use of the tools provided by the provider is prohibited. The Provider is entitled to take technical precautions by which misuse can be detected or prevented and prosecuted.

Duties of the customer

The Customer is obliged to create personal and non-transferable access data (user ID, password) for all authorized users in the user administration on the portal and to log in with multifactor authentication.

The customer is responsible for ensuring that the technical requirements for access to the provider's services are met. This applies in particular to the use of hardware, the operating software, the connection to the Internet and the current browser software. The proper usability of the Provider's services also requires that the Customer's system accepts the cookies transmitted by the Provider. The customer is responsible for ensuring that the appropriate settings are made. It is the customer's responsibility to take the necessary precautions to secure his system. This includes in particular the security settings of the browsers used, the installation of a firewall, up-to-date protection software against computer viruses or regular data backups.

Remuneration and tariffs, tariff adjustment

The remuneration to be paid by the customer for the subscription or purchase of electronic services or other services of the provider is specified in the individual user agreement. An adjustment of the remuneration shall be made by way of an offer to the customer.

Invoicing, terms of payment

The Customer undertakes to pay the amount invoiced in each case within 30 days. In case of default, the provider is also entitled to block access to the tool subscribed to by the customer.

Data protection and data processing

The customer acknowledges that The Provider may store his master data (customer ID, user details and usage data) in machine-readable form and process it within the scope of the contractual relationship existing with the customer. Details about the entries made by the users are treated confidentially by binary shift GmbH. The provider is only entitled to use the data necessary for billing, user management and administration of the products subscribed to by the customer or the users, such as billing number, name and address as well as the amount of remuneration and the e-mail address, and to pass them on to any third parties called in to fulfill these tasks. This data will not be passed on to other third parties.

Software availability and support

The Provider draws the Customer's attention to the fact that restrictions or impairments of the services provided may arise that lie outside the Provider's sphere of influence. This includes, in particular, actions of third parties not acting on behalf of the Provider, technical conditions of the Internet that cannot be influenced by the Provider, and force majeure. The hardware and software and technical infrastructure used by the customer can also have an influence on the services of the provider. Insofar as such circumstances have an influence on the availability or functionality of the service provided by the Provider, this shall have no effect on the contractual conformity of the services provided. Restrictions in functionality will be remedied to the best of our ability. No guarantees are given for availability rates.

Warranty and liability

The provider assumes no liability for the accuracy and completeness of the tool offered by her and its contents, regardless of who created the data. Nevertheless, all information is processed, updated and maintained by the provider with the greatest possible care. The provider disclaims any liability for damages incurred by the customer due to misuse or loss of the access data provided to the customer and the access data provided to the users themselves (user identification, password). Claims for damages against The Provider are excluded, unless the damage was caused by intent or gross negligence. In particular, the Provider excludes any liability for damage caused by incompatibility of the terminal equipment used by the Customer with the system operated by the Provider or by interruption of data transmission from the Customer's provider to the Customer or lack of access security. In the event of malfunctions or system failures, The Provider shall endeavor to remedy them as quickly as possible. The provider excludes any liability for damages that may occur to the customer due to the lack of availability of the tool operated by the provider.

The use of the tool is the sole responsibility of the customer. The provider expressly excludes liability for lost profits as well as financial and consequential damages resulting from the use of the tool.

Final provisions

These GTC constitute an integral part of any contract concluded with the Provider for the use of tools and services of the Provider.

Should one or more provisions of these GTC be or become invalid and/or incomplete, the invalid and/or incomplete provision shall be replaced by a legally valid provision that comes as close as possible to the invalid and/or incomplete provision in terms of its effectiveness. The invalidity and/or incompleteness of a provision shall not affect the validity of the other provisions.

Swiss law is exclusively applicable to the legal relationship between binary shift GmbH and its customers.

The place of jurisdiction for disputes arising from or in connection with contracts between binary shift GmbH and its customers is Aarau.

binary shift GmbH AG, Aarau, October 14, 2023