Terms and Conditions (T&C)

1. Scope of Application

These Terms and Conditions govern the contractual relationship between the provider of the ERP software "Bündig" (hereinafter "Provider") and the customer (hereinafter "Customer"). They apply to the entire use of the web-based software solution.

2. Services and Changes to Functionality

Bündig is a cloud-based ERP solution. The Provider continuously develops the software. The Provider explicitly reserves the right, at its sole discretion, to add new features, modify existing ones, restrict them, or remove them entirely at any time. The Customer has no legal claim to the retention of specific features.

3. Pricing and Payment Terms

The use of Bündig is based on a paid subscription (SaaS). The Provider reserves the right to adjust prices for subscriptions and additional services at any time. Price changes will be communicated to the Customer in a timely manner before the next billing cycle. If the Customer does not agree with the price change, they have the right to cancel the subscription at the end of the current term.

4. Availability and Service Level Agreement (SLA)

The Provider strives for smooth operation of the software and aims for an annual average uptime of 95%. Excluded from this calculation is downtime caused by scheduled maintenance, updates, force majeure, third-party cyberattacks, or issues within the internet infrastructure. No liability or refunds will be issued for downtime as long as the 95% annual average is maintained.

5. Usage Rights and Data Utilization for AI Training

The Customer grants the Provider a spatially and temporally unrestricted, royalty-free right to store, analyze, and process the data entered during use (such as order structures, material lists, process durations) in an anonymized and aggregated form. This right explicitly includes the use of the anonymized data to train Artificial Intelligence (AI) models, for machine evaluation, and for the general improvement of the software.

6. Liability

The Provider's liability for direct damages is limited to the amount of subscription fees paid by the Customer in the preceding 12 months. Liability for indirect damages, consequential damages, loss of data, or lost profits is completely excluded to the extent permitted by law.

7. Applicable Law and Jurisdiction

Swiss law applies exclusively. The exclusive place of jurisdiction for all disputes arising out of or in connection with this contract is Zurich, Switzerland.