General Terms and Conditions (GTC) for Mapresto

1. SUBJECT MATTER OF THE CONTRACT

1.1 The subject matter of this agreement is the granting of the right of use to the administrative software "Mapresto" (hereinafter referred to as "Software") listed below in Section 2 of the contract.

2. SCOPE OF USE / LICENSE RIGHTS

2.1 The provider grants the customer a simple, non-transferable right to use the Software in its current version, limited to the duration of the contract. The license entitles the licensee to use the software on all desired application devices within the scope of its intended use.

2.2 The provider will set up the software for the customer and provide it via an access link sent by email. A login and password will be provided to the customer for using the software.

2.3 The customer is not authorized to modify, adapt, translate, reproduce, distribute, rent, lend, or make the software accessible online to any person not employed by the company. Furthermore, the licensee may not use the software as a basis for other or their own products.

2.4 Sublicenses may not be granted or sold by the customer.

3. VIOLATION OF LICENSE RIGHTS

3.1 In the event that the customer does not comply with the terms of use of this contract, the provider may terminate the license without notice and revoke all access rights of the user. In addition, depending on the offense, the provider reserves the right to take legal action and claim damages from the customer.

4. SOFTWARE MAINTENANCE

4.1 The provider assumes responsibility for the maintenance, upkeep, and further development of the software.

4.2 As part of the further development of the software, as well as through improvements and adjustments, the software may be modified and expanded (also called "updates").

4.3 The provider informs the customer about new versions and automatically installs them on the customer's system.

4.4 With the provision of a new version, it replaces the software version that was the subject of the contract up to that point.

5. COSTS / PAYMENT

5.1 The customer must pay the provider license fees for the use of the software. These are determined according to the pre-defined payment schedule. The license fee is due from the start date defined in the contract. The provider will invoice the license fee regularly by mail or email on the agreed booking date.

5.2 The customer can activate services in the software at their own request, which may incur additional costs. Paid add-ons are clearly labeled in the software with their prices. For example, automated, paid reminder SMS messages for booked appointments can be sent.

5.3 Any additional costs incurred will be invoiced to the customer monthly in the amount claimed. The reason for these costs will be clearly stated. If the customer disagrees with the invoice, it must be disputed within 5 business days.

6. WARRANTY / DEFECTS

6.1 The software is provided in the version valid at the time the license agreement was concluded. The provider warrants that the software will perform the described functions when used in accordance with the contract. Otherwise, the software is defective and covered by the warranty.

6.2 The software provided by the provider under this agreement has been carefully programmed, tested, and inspected. The customer acknowledges that even with the utmost care, malfunctions of the software cannot be completely ruled out, and that while every effort is made to ensure uninterrupted functionality, this cannot be guaranteed. The provider cannot guarantee that the software is error-free. In particular, the provider cannot guarantee that the software can be used uninterrupted and error-free in all combinations the licensee may desire, with any data, IT systems, and programs, nor that correcting one program error will prevent the occurrence of other program errors.

6.3 Defects and malfunctions for which the provider is not responsible, such as force majeure, improper handling, or interventions by the customer or third parties, are excluded from the warranty.

6.4 Under the aforementioned conditions/limitations, the provider provides the following warranty for defects in the licensed software:

6.4.1 Error correction by the provider requires that the error is significant and reproducible and occurs in the most recent version of the software.

6.4.2 A significant defect exists if the software is substantially impaired in its intended use. Minor defects, which may be disruptive but do not prevent the essential intended use of the software, are expressly excluded from the warranty.

6.4.3 The provider does not guarantee the provision of error corrections by a specific date that may be requested by the licensee. The provider is free to make error corrections available either as direct updates to the customer or as part of regular software updates.

6.4.4 If the rectification or correction of the error fails repeatedly, the customer is entitled to withdraw from this contract. Upon the customer's declaration of withdrawal from the contract, their right to use the software terminates. The license fee, from the date on which the software could not be used correctly and completely, will be refunded to the licensee or not invoiced if this has not already occurred.

7. LIMITATIONS OF LIABILITY / EXCLUSION

7.1 The provider is liable for direct or immediate damages only up to the amount paid by the licensee as license fees. The provider's liability for indirect or consequential damages is hereby fully excluded. This limitation and exclusion of liability apply to both contractual and non-contractual or quasi-contractual claims.

8. THIRD-PARTY SOFTWARE/SERVICES

8.1 The full functionality of the software relies on third-party services. Should one of these companies discontinue its services, the provider cannot be held liable for any interruption in service. A replacement will be found and implemented in the software as quickly as possible.

9. CONFIDENTIALITY / DATA PROTECTION

9.1 The customer is the sole owner of their recorded data. The provider undertakes not to misuse or disclose the data collected from the customer for its own purposes and to protect it to the best of its ability against external interference and attacks.

9.2 The contracting parties mutually undertake to maintain the confidentiality of all information and knowledge acquired within the scope of this contract concerning customer information, as well as the fundamentals, operation, production, development, improvement, and other details relating to the software and operational processes affecting the execution of the contract, even if they have not been expressly designated as confidential or secret. This confidentiality obligation shall continue beyond the term of this contract.

10. CONTRACT DURATION AND TERMINATION

10.1 This contract is concluded for an indefinite period and must be terminated by the customer in writing (by mail or email).

10.2 The contracting parties may terminate the contract in writing with one month's notice to the end of the month, or, in the case of an annual license, with one month's notice to the end of the paid term. Early termination of the contractual relationship and pro rata refunds are not possible.

11. CONSEQUENCES OF TERMINATION

11.1 Upon termination becoming effective, the granted right to use the software expires. The license key is deactivated. The software can therefore no longer be used. The data records entered by the customer will be completely deleted.

11.2 At the customer's request, the data records can be retained for a predefined period, for example, to allow the software to continue running after a license interruption. However, the customer must inform the provider of this upon termination of the contract. The provider cannot be held liable for lost or accidentally deleted company data.

12. GENERAL PROVISIONS

12.1 Should any provision of this contract be or become wholly or partially invalid, or should a gap be found in this contract, the validity of the remaining provisions shall not be affected. The contracting parties undertake to replace or supplement any invalid provision or gap requiring supplementation with a valid provision that complies with the statutory regulations.

12.2 Amendments or supplements to this contract must be in writing to be effective; this requirement of written form also applies to this clause and to any waiver of this requirement. For the purposes of this contract, written form means a legally binding, signed original paper document. Fax, computer fax, or email communications do not meet this requirement unless the contracting parties agree otherwise in a specific case.

13. APPLICABLE LAW, JURISDICTION

13.1 All obligations arising from this contractual relationship are governed by Swiss law. The place of jurisdiction is the registered office of Mapresto.