General Terms and Conditions

This is a translation for convenience. The German version is the legally binding one.

Scope

These General Terms and Conditions (GTC) apply to all contracts concluded between Caymland Technologies AG and its customers. The GTC govern the conditions for using the services and products offered by Caymland Technologies AG. By using the services and products of Caymland Technologies AG, these GTC are accepted.

Conclusion of contract

Offers made by Caymland Technologies AG are subject to change and non-binding. A contract comes into existence only once the customer accepts the offer from Caymland Technologies AG. Acceptance may be given in writing, by email, or by using the services and products of Caymland Technologies AG.

Services

Caymland Technologies AG provides its services and products as software as a service (SaaS). The precise services and products follow from the respective offer made by Caymland Technologies AG. Caymland Technologies AG reserves the right to change, extend or restrict its services and products at any time.

Contract term and termination

The contract term follows from the respective offer made by Caymland Technologies AG. The contract is automatically extended by the agreed period unless it is terminated within the applicable notice period. Termination must be given in writing. The right to extraordinary termination for good cause remains unaffected.

Rights of use and customer obligations

Caymland Technologies AG grants the customer a non-exclusive, non-transferable right of use, limited in time, to the services and products. The customer is obliged to use the services and products only within the contractually agreed scope of use. Transferring the rights of use to third parties is not permitted.

Fees and payment terms

A fee is charged for using the services and products of Caymland Technologies AG. The precise fees and payment terms follow from the respective offer made by Caymland Technologies AG. The fee is payable on the agreed payment date. In the event of late payment, Caymland Technologies AG is entitled to charge reminder fees and default interest.

Warranty and liability

Caymland Technologies AG warrants that the services and products are free of defects at the time they are provided. The customer is obliged to report defects to Caymland Technologies AG without delay. Caymland Technologies AG is liable only for damage attributable to gross negligence or intent. Liability for slight negligence is excluded unless material contractual obligations are breached. In every case, the liability of Caymland Technologies AG is limited to the foreseeable damage typical of this type of contract.

Data protection

Caymland Technologies AG undertakes to comply with data protection provisions and to use the customer’s personal data only within the scope of the contractual agreements. The precise data protection provisions follow from the privacy policy of Caymland Technologies AG.

Confidentiality

The contracting parties undertake to treat all information received in connection with the performance of the contract as confidential and not to make it accessible to third parties.

Final provisions

Swiss law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods. The place of jurisdiction for all disputes arising from or in connection with the contractual relationship is St. Gallen. Should individual provisions of these GTC be or become wholly or partly invalid, the validity of the remaining provisions remains unaffected.

These General Terms and Conditions may be amended by Caymland Technologies AG at any time. Changes will be communicated to the customer in good time and are deemed accepted unless the customer objects within a reasonable period.