These General Terms and Conditions ("GTC") apply to the business of CapCognition KLG, Usterstrasse 40c, 8308 Illnau, Switzerland (hereinafter referred to as the "Company"). The Company owns and operates the platform capcognition.ch and provides paid and free services on it and offers licenses for software components for sale, which are used to create customer-specific applications.
These GTC apply to the above-mentioned areas as well as to the other services that the company provides directly and indirectly to the customer.
The contract is concluded when the customer accepts the company's offer to purchase services, products or licenses.
The contract is also concluded when the customer makes use of the services offered by the company or purchases or uses the company's products (license).
Unless otherwise quoted, all prices are in Swiss francs (CHF). All prices are inclusive of any applicable value added tax (VAT).
The prices are exclusive of any other applicable taxes.
The company reserves the right to change prices at any time. The prices valid on the capcognition.ch website at the time the contract is concluded or according to the company's separate price list shall apply. The prices valid at the time of conclusion of the contract shall apply to the customer.
The client is obliged to pay the invoiced amount within 30 days of the invoice date. Unless he has already paid the amount during the ordering process via credit card, Paypal or other payment systems.
If the invoice is not paid within the aforementioned payment period, the customer will be warned. If the customer does not settle the invoice within the set reminder period, he is automatically in default. From the time of default, the customer shall owe default interest in the amount of 5%.
The company reserves the right to demand payment in advance at any time without giving reasons.
The invoiced amount may not be offset against any claims the customer may have against the company.
The Company is entitled to refuse to provide the service, deliver the product or grant the license in the event of late payment.
5.1 Provision of services
Unless otherwise agreed, the Company shall fulfill its obligation by providing the agreed service. The service includes the services that are or were published online at the time the contract was concluded.
The majority of the company's services are provided online. For all other services, the Company's registered office shall be the place of performance, unless otherwise agreed.
5.2 Auxiliary persons
The parties have the express right to call in auxiliary persons to fulfill their contractual obligations. They must ensure that the auxiliary person is engaged in compliance with all mandatory statutory provisions and any collective labor agreements.
6.1 Rights of use and exercise of rights of use
The company grants the customer the right to use the corresponding software components within the customer-specific software as desired on the basis of the license and to distribute them with the customer-specific software.
These rights of use are non-exclusive, non-transferable and limited to use by the Customer. Any transfer to third parties and any other use, commercial or otherwise, is prohibited.
The software is subject to Swiss copyright law. It is or is deemed to be an electronically accessible database work within the meaning of copyright law. The company is the owner of all copyrighted rights of use and exploitation of the software.
The Licensee may not delete, alter or obscure any copyright notices or identifying features of the software.
6.2 Time limit
The license issued is valid for an unlimited period of time within the conditions specified in the license, such as version or other software features.
7.1 Right of use
The customer is obliged to exercise the rights of use only to the extent granted. The customer is fully responsible for the secure storage of his access data and passwords. The customer is responsible for the content of the data and information entered.
By accepting these GTC, the customer also confirms that he/she has unlimited capacity to act and is of legal age. By registering, the customer expressly declares that all information provided is true, up-to-date and in compliance with the rights of third parties, common decency and the law.
The exchange of products is generally excluded. A refund of an issued license is excluded.
Liability for any indirect damages and consequential damages is excluded in full.
The company accepts no liability for the up-to-dateness, correctness, completeness or quality of the software packages provided and in particular accepts no liability for material or immaterial damage caused by the use or non-use of the data and software provided or by the use of incorrect or incomplete information. This limitation of liability does not apply to damages resulting from a breach of essential contractual obligations (cardinal obligations) by the company or a vicarious agent in a manner that jeopardizes the purpose of the contract or for damages that are attributable to gross negligence or intent on the part of the company, its legal representatives or vicarious agents.
The company expressly reserves the right to change, supplement or delete the software in whole or in part without special notice or to discontinue publication temporarily or permanently.
In the case of direct or indirect references to external websites outside the company's area of responsibility (hyperlinks), the company is not liable for the content of the websites.
In the case of third-party systems and software such as: Mail dispatch services, systems for the provision of interface data, licensee's own hardware, etc., the company is not liable for the correct or expected functionality.
The Licensee is aware that data protection for data transmissions in open networks such as the Internet cannot be fully guaranteed according to the current state of the art. The Licensee is aware that the data stored by the Licensee may be viewed by third parties or the provider and is therefore responsible for the backup and security of the data it transmits and places on the Internet.
The Company may process and use the data collected in the course of concluding the contract to fulfill its obligations under the contract. The company shall take the measures necessary to secure the data in accordance with the statutory provisions. The customer agrees in full to the storage and contractual use of his data by the company and is aware that the company is obliged and entitled to disclose information from the customer to these or third parties if ordered to do so by courts or authorities.
These General Terms and Conditions may be amended by the company at any time.
The new version shall enter into force upon publication on the company's website.
In principle, the version of the GTC in force at the time of conclusion of the contract shall apply to customers. Unless the customer has agreed to a newer version of the GTC.
These GTC take precedence over all older provisions and contracts. Only provisions from individual contracts which specify the provisions of these GTC shall take precedence over these GTC.
These GTC are subject to Swiss law. Insofar as no mandatory statutory provisions take precedence, the court at the registered office of the company shall have jurisdiction to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
