General Terms and Conditions

1. Subject / Scope

1) saldia AG (saldia SA), (saldia SA), (saldia Ltd.) (hereinafter referred to as the Provider), commercial register number CHE-166.144.624, is a company domiciled in Burgdorf (BE) (hereinafter "Provider").

2) The Provider makes available to its customers (hereinafter "Customers" or "Users") the products and services described on saldia.ch (hereinafter "Platform").

3) The paid offer includes the product offering described in more detail on the Platform at saldia.ch. These GTC apply solely to all related services and/or products as well as within the framework of the following terms of use.

4) These General Terms and Conditions ("GTC") are part of the contract concluded between the parties. The customer can view the current versions of the GTC at saldia.ch. By using a product, obtaining services, and paying invoices, the customer confirms having taken note of and accepted the current GTC.

5) Conditions that contradict or deviate from these GTC/terms of use are not recognized unless the Provider has expressly agreed to them in writing in individual cases.

6) The Provider may supplement or modify the GTC at any time at its own discretion. The current version at the time of visiting the Platform applies.

7) Reference is also made to the separate legal notice on the Platform.

2. Personal Information

8) To use the offers and products on the Platform, the customer undertakes to provide all required personal and address details in advance. The customer is required to provide their (company) name, for companies the name of the representative, domicile address, commercial register number if applicable, telephone number, and email address.

9) Should a customer/user fail to comply with the requirements of clause 8 above, the Provider reserves the right to refuse the paid offer.

3. Conclusion and Subject of the Contract

10) The offers and services provided by the Provider (cf. clause 3) can be accessed at any time at saldia.ch.

11) The contract comes into force with the customer's approval of an offer or contract presented by the Provider. The customer's approval may be given depending on the product, e.g., by telephone or email, signing an offer or contract, online order, or implied conduct (e.g., payment of invoice, use of product). Cancellation by the customer is only valid if made through the shop solution (in subscription management). Cancellation by the Provider may be made by email.

12) The Provider is entitled, after reviewing the customer's contract details, to withdraw from the contract without compensation within 30 days of contract conclusion without stating reasons.

13) Regarding the subject and scope of services of the Provider's products and services, full reference is made to the product descriptions on the Platform (cf. clause 3 above).

14) All offers of the Provider under the "Services" category are individually quoted after a prior inquiry from the customer via the contact form or by telephone, and then processed and paid according to a separate agreement between the parties.

15) Any partnerships between the Provider and potential partners are also governed by separate agreement.

16) Free services and products of the Provider may be discontinued unilaterally at any time without the customer having any claim to continuation of the offer.

17) The Provider may expand its service offering at any time. In particular, services and products from third-party providers may be offered on the Platform. The use of third-party services is at the user's own risk; the Provider is not liable for any damages arising from the use of third-party services.

18) Customers are prohibited from conducting illegal activities through the Provider's offers and products. The Provider is entitled to immediately block a customer/user if this is not complied with.

4. Payment Terms and Contract Duration

19) Payment terms between customers are individually determined according to a separate agreement.

20) For the online shop solutions offered, prices are available at the following contractual link: saldia.ch/prices. For annual and monthly billing, the product term begins on the activation date and is one year (annual billing) or one month (monthly billing), automatically renewing unless cancelled by either party with 30 days' notice before expiry.

5. Technical Support / Right of Substitution

21) The Provider provides technical support as far as possible via email (support@saldia.ch). However, the Provider does not guarantee the continuous availability of such a service.

22) The Provider has the right to use third-party services at any time and at its own discretion or to substitute parts of its offering.

6. Disclaimer

23) Any liability of the Provider towards users for direct or indirect damages (such as damages due to platform unavailability, platform function failure, platform malfunction, or blocked platform access) including lost profits and data loss is excluded to the extent legally permissible. In particular, the Provider's liability for auxiliary persons is completely excluded.

24) The Provider is not obligated to review information published by users on the Platform but is entitled to do so, reserving the right to block a customer in case of violation of these provisions.

25) The Provider enables the customer to develop their own internet platforms using the Platform's tools and consequently create and make available their own content to third parties. Responsibility and liability for the content generated thereby remains with the customer.

26) The Provider is entitled to refuse the posting of content and/or block or remove already posted content without prior notice if the content constitutes or threatens to constitute a serious violation of these GTC.

27) The customer undertakes to fully indemnify the Provider against all claims by third parties arising from violation of any legal provision in connection with the use of a Provider offer.

28) The Provider is indemnified by the offending user. The offending user immediately reimburses the Provider for all disadvantages (e.g., damage, loss, costs) suffered.

29) Technical access to the Platform and corresponding services is the user's responsibility. The Provider assumes no liability for network operators and disclaims all liability for the hardware and software required to use the Platform to the extent legally permissible.

7. Data Protection and Personal Data

30) The data required for the use of the aforementioned Platform is treated confidentially.

31) The customer assures that the personal data provided is truthful and complete. The Provider is entitled to request proof of identity in individual cases.

32) To prevent use by unauthorized third parties, the customer is obligated to keep access data secret. If the customer has reason to believe that unauthorized third parties have gained or may gain knowledge of the access data, the Provider must be informed immediately.

33) The user agrees to receive electronic communications from the Provider for contractual purposes (e.g., invoices, important contractual information, or significant technical changes).

34) By using the Platform, users expressly consent to data being stored on the server of the Provider's Swiss provider in compliance with applicable data protection regulations.

35) The Provider undertakes to use personal data carefully and exclusively for the indicated purposes.

36) The processing of personal data by the Provider is mandatory for Platform use. The Provider assures that all stored data will be processed carefully within the scope of consent.

37) For questions about the processing of personal data, the user can contact the Provider at the following electronic address: support@saldia.ch.

8. General

38) The Provider may supplement or modify the terms of use and GTC at any time at its own discretion. Changes or additions will be communicated to users in a timely and appropriate manner.

39) Should one or more provisions of these terms of use be wholly or partially invalid, the validity of the remaining provisions is not affected.

9. Applicable Law and Jurisdiction

40) The terms of use are exclusively subject to Swiss substantive law, excluding conflicting international conventions, subject to mandatory international provisions.

41) For all disputes and/or claims arising from or in connection with the terms of use, the ordinary courts at the Provider's registered office in Burgdorf (BE) have exclusive jurisdiction.

Burgdorf, 24.03.2021