Terms of Service

1. Scope

These Terms of Service ("Terms") govern all contracts between Hasijew Applications ("Provider") and the user ("User") regarding use of the software-as-a-service applications and websites operated by the Provider (each and collectively, the "Service"). Deviating terms of the User do not apply unless the Provider expressly agrees in writing.

Where the User is a business that uploads personal data of third parties (such as its own customers or employees) to the Service, the Provider's Data Processing Agreement (DPA) also applies and forms an integral part of these Terms.

2. Description of Service

The Provider makes the Service available as software-as-a-service over the internet. The scope of functions follows the current description on the website of the respective application. The Provider uses commercially reasonable efforts to keep the Service available but does not guarantee any specific level of availability or uninterrupted, error-free access. The Service is provided on an "as is" and "as available" basis. Scheduled maintenance, force majeure, and circumstances outside the Provider's control are excluded from any availability expectation.

3. Registration and Account

Use of the Service requires registration. The User warrants that all registration details are complete and accurate. Credentials must be kept confidential and not shared with third parties. The User is responsible for all activity under their account. Registration is open only to persons aged 18 or over and to businesses represented by an authorised person.

4. Prices and Payment

Current prices are shown on the website or order page of the respective application. Unless stated otherwise, prices are exclusive of any applicable Swiss VAT.

• Subscription fees are due in advance, monthly or annually.
• Payments are processed exclusively by Stripe Payments Europe, Ltd. By entering payment details you also accept the Stripe terms.
• If the User is in default of payment, the Provider may suspend access after setting a grace period.
• Price changes are communicated at least 30 days before they take effect. If the User objects, they may terminate the contract as of the effective date.

5. Payment Data & PCI-DSS

The Provider never stores full card numbers, CVV codes or other sensitive payment data on its own systems. All payment information is transmitted directly and encrypted to Stripe and processed there in a PCI-DSS Level 1-compliant manner. The Provider receives only a tokenised reference and non-sensitive metadata.

6. Refunds and Cancellation

Swiss law does not provide a general statutory right of withdrawal ("cooling-off period") for contracts concluded online. Subscription fees already paid are non-refundable, and fees for the current billing period remain due upon termination, unless mandatory law provides otherwise or the Provider expressly agrees in writing. This does not affect the User's right to terminate under Section 7 or the User's statutory rights in the event of defects.

7. Term and Termination

The subscription runs for an indefinite term and may be terminated by either party with 30 days' notice to the end of a billing period, via the account area or by email to [email protected].

The right to extraordinary termination for good cause remains unaffected. Good cause for the Provider exists in particular if the User breaches these Terms and fails to remedy the breach within 14 days of a warning. After termination, User data is kept available for export for 30 days and then irreversibly deleted, subject to statutory retention duties.

8. User Obligations / Prohibited Use

The User undertakes not to use the Service to:

• store, distribute or process unlawful content;
• infringe third-party rights (copyright, trademark);
• circumvent security mechanisms or impair the Service (e.g. denial-of-service attacks);
• send spam or unsolicited advertising;
• process third-party personal data without a lawful basis.

The Provider may suspend or restrict access where it has reasonable grounds to believe the User is in breach of this Section, where necessary to protect the security or integrity of the Service, or where required by law.

9. Indemnification

The User shall indemnify and hold the Provider harmless from third-party claims, damages and reasonable costs (including reasonable legal fees) arising from (a) the User's unlawful use of the Service, (b) content the User stores, transmits or processes via the Service, or (c) the User's breach of these Terms or of applicable law. The Provider will notify the User of any such claim without undue delay and give the User a reasonable opportunity to participate in the defence.

10. Intellectual Property

All rights in the Service remain with the Provider. The User receives a non-exclusive, non-transferable, revocable right of use for the term of the contract. Content the User brings into the Service remains the User's property; the User grants the Provider the rights necessary to operate the Service. Feedback or suggestions the User voluntarily provides may be used by the Provider without restriction or obligation.

11. Warranty and Disclaimer

The Provider will remedy reproducible defects of the Service within a reasonable period after they are reported, by correcting the error, providing an update, or offering a workaround. Except as expressly set out in these Terms, and to the extent permitted by Swiss law, the Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including any implied warranty of fitness for a particular purpose, uninterrupted or error-free operation, or that the Service will meet the User's specific requirements.

12. Limitation of Liability

To the extent permitted by Swiss law, the Provider is liable without limitation for damage caused intentionally or through gross negligence, and for injury to life, body or health.

For slight negligence, the Provider is liable only for breach of essential contractual duties, limited to the foreseeable, contract-typical damage, capped at the fees paid by the User in the 12 months preceding the event. Liability for indirect damage, lost profit and data loss is excluded to the extent permitted by law, where such loss could have been avoided by reasonable backups. Mandatory liability under the Swiss Product Liability Act remains unaffected.

13. Force Majeure

The Provider is not liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, labour disputes, epidemics, power or internet outages, failures of upstream or infrastructure providers, cyberattacks, or acts of public authorities. Affected obligations are suspended for the duration of the event; if it lasts longer than 60 days, either party may terminate the affected contract.

14. Changes to these Terms

The Provider may amend these Terms with at least 30 days' notice by email. If the User does not object within 30 days of notification, the amended Terms are deemed accepted; the notification will draw attention to this consequence. If the User objects, the Provider may terminate the contract as of the effective date.

15. Governing Law and Jurisdiction

These Terms are governed by Swiss law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and conflict-of-law rules. The place of jurisdiction is the registered seat of the Provider (Mellingen, Canton of Aargau), subject to any mandatory place of jurisdiction for consumers under Swiss law.

16. Severability

If any provision of these Terms is or becomes invalid, the validity of the remaining provisions is unaffected. The invalid provision shall be replaced by a valid one that comes as close as possible to its economic purpose.