Terms and Conditions
By registering at app.casus.ch , the customer accepts the following General Terms and Conditions of CASUS Technologies AG, Hohlstrasse 176, 8004 Zurich, Switzerland (hereinafter "Provider").
The provider reserves the right to change these conditions at any time. The changed conditions come into force with the publication on the website.
Subject of the contract
- The provider makes the CASUS software (hereinafter "software") available to the customer as software as a service (SaaS). The software is a web application that enables the customer to save, edit and evaluate legal and contractual information. Access and use of the software is internet-based via the website https://app.casus.ch (hereinafter «website»). The provider does not provide the customer with any legal advice.
- The software offers the customer various contract templates that were created by lawyers. The software is configured in such a way that the customer can fill out the contract templates by answering questions. The query of the facts is designed automatically and cannot always reliably cover the special features of the individual case. The customer should check the plausibility of the software output and, if necessary, discuss it with a lawyer.
- The customer can use the software to contact a lawyer, conclude a mandate agreement with him and then receive legal advice from him. Communication with the lawyer is not tied to the software.
- The "filing cabinet" area offers the customer the opportunity to record case-specific information. This includes deadlines in particular. The management of the deadlines by the software does not claim to be correct and/or complete and is only intended as a guide. The customer is responsible for checking his deadlines and cannot hold the provider responsible for incorrect information, calculations or missed deadlines.
- The customer can also enter their own contract templates in the software. These templates can then be called up via the software. If the customer needs technical help with the collection, he can consult the provider's support free of charge. The customer can also commission the provider to record their own templates. The provider offers the customer the recording at a fixed price. At no time does the provider check the content of the contract templates provided by the customer; the customer is responsible for the quality of the content of his contract templates.
- The following appendices are an integral part of this contract:
Order processing contract
- This contract and its appendices regulate the use of the software by the customer. If there are contradictions between the appendices and these GTC, the appendices take precedence.
Software Licensing and Data Storage
- The provider makes the software available to the customer for use in the current version on the website for the duration of the contract. The scope of the services depends on the respective subscription model that the customer chooses when concluding the contract.
- Regardless of the subscription model selected, the provider grants the customer a non-exclusive, non-transferable license with the right to grant sublicenses limited to affiliated companies (majority control by the customer), the software in accordance with the provisions of this to use the terms and conditions and to enable authorized users to access the software. Users can be employees of the customer as well as employees of affiliated companies.
- The provider makes storage space available to the customer on its servers, which the customer may use for storing legal and contract data as well as other data related to the use of the software. The servers are located in Switzerland. The provider ensures that the stored data can be accessed via the Internet within the scope of technical possibilities. However, the provider cannot guarantee any degree of availability.
- The provider ensures the security of the data through appropriate technical and organizational measures. The technical and organizational measures are shown in the order processing contract.
Content Usage Rights
- During the term of this contract, the provider grants the customer the non-exclusive, non-transferable right to call up, download, print out and reproduce the contract templates stored in the software for their own use. The customer may use downloaded or printed contracts beyond the term of this contract. Any use of the contract templates that goes beyond personal use, in particular the systematic passing on or sale to third parties, is only permitted with the express consent of the provider.
Updates, access and support
- The provider can change and further develop the software at any time within the scope of the intended purpose, for example through updates and upgrades.
- In particular, upgrades include the addition of new functionalities, the improvement of existing ones, or the increase in security. The provider endeavors not to introduce mandatory upgrades associated with additional costs, but to continue to offer the range of functions originally made available to the customer at the same costs.
- If the range of functions can no longer be offered in individual cases for technical or legal reasons, the provider is entitled to adjust the costs and services by written notification to the customer at the next possible termination date. If the customer does not want to continue the contract at the changed tariffs, he is entitled to extraordinary written termination with a notice period of 14 days at the time of the change.
B. Access and Blocking
- Adaptations, changes and additions to the software as well as measures that serve to identify and rectify malfunctions will only lead to a temporary interruption or impairment of accessibility if this is necessary for technical reasons. Where possible, these disruptions will be communicated via email.
- Maintenance of the software is usually carried out outside of office hours or at the weekend, if this is possible.
- The provider is entitled to immediately block access if there is reasonable suspicion that the stored data is illegal and/or infringes the rights of third parties. There is a justified suspicion of illegality and/or a violation of rights in particular if courts, authorities and/or other third parties inform the provider of this.
- The provider also has the right to block the customer's access to the software if the customer or a user for whom the customer is responsible seriously or repeatedly violates these GTC . The Provider reserves the right to immediately terminate the contract for good cause.
- The provider will immediately inform the customer about the block and the reason for it.
- The block is to be lifted as soon as the reason for the block no longer applies, unless the contract has been terminated for an important reason.
C. Support & Care
- The customer should address support and other inquiries primarily to customer service via an intercom on the website or by email to firstname.lastname@example.org. CASUS will answer customer inquiries as quickly as possible during business hours by telephone or in writing.
- The provider is entitled to use subcontractors for the operation of the software and the provision of its other services and to grant them access to the customer and user data as well as the data entered by the customer, insofar as this is necessary for the fulfillment of the contract.
Fees and payment arrangements
- The provider sets monthly usage fees for the subscription models. The respectively agreed usage fees apply.
- The usage fees accrue throughout the duration of the contract. It does not matter whether the user actually uses the software.
- Additional services offered by the provider are charged in the same way as the user fees.
- Payment is made by invoice or credit card. The usage fees are debited to the customer in advance from the specified credit card. If the debit is not possible, the provider's obligation to perform is suspended until payment is made.
Other obligations of the customer
- Before using the software for the first time, the user defines the user name and password. He*she will receive a confirmation link by email to verify his*her data. He*she is obliged to keep the username and password secret and not to make them accessible to third parties.
- The customer is obliged to take appropriate precautions to prevent unauthorized third parties from accessing the software. For this purpose, the customer will, if necessary, refer his/her employees to the provisions of these General Terms and Conditions. In particular, the customer will instruct his/her employees not to make any copies of the software and not to pass on the access data to third parties.
- The customer must inform the provider immediately of any unauthorized use of username and password or other attacks on security. In such cases, the provider will change the user name and password of the customer in consultation with the customer.
- The customer is responsible for the correctness and consistency of the data they enter and for the personal or case-related assignment. The provider stores the data in the form in which they are entered by the customer. The customer undertakes not to store any content on the storage space whose provision, publication and use violates applicable law or agreements with third parties.
- The customer is responsible for providing a working system configuration that enables them to connect to the software and retrieve data via an interface. This applies in particular to the end devices with which access to the software is to take place, as well as internet access and security and browser settings. The customer is responsible for the correct functioning and security of the end devices.
- The customer undertakes to indemnify the provider from all third-party claims based on the data stored by him and to reimburse the provider for all costs incurred due to possible violations of the law.
A. Data of the customer and users
- The provider collects and processes the data of the customer and the user to the extent that it is necessary to operate the software and provide the services. It acts here as the person responsible within the meaning of the applicable data protection law. The data is processed in accordance with the data protection declaration of the provider.
B. Data processed by the customer
- With regard to the personal data entered by the customer and stored and managed by him/her using the software, the customer acts as the person responsible within the meaning of the applicable data protection law. The customer is responsible for ensuring the legality of data processing and obtaining all necessary consents. The provider processes the data exclusively for the purposes and on behalf of the customer and is therefore an order processor. The order processing contract applies.
- The parties are aware that the data stored and managed on the software can represent particularly sensitive personal data in accordance with the applicable data protection law.
- During the term of the contract, the customer can demand that the provider hand over some or all of the data, without the provider having a right of retention. The Provider's contractual and legal storage obligations remain reserved. The customer can export all stored customer and contract data from the software at any time in a suitable form.
- The parties undertake to maintain secrecy about all confidential transactions of which they become aware in the course of the preparation, implementation and fulfillment of this contract, in particular business or trade secrets and other confidential information of the other party and to disclose this information without the authorization of the other party not passed on to external third parties. This applies to any unauthorized third party, provided that the disclosure of information is not necessary for the proper fulfillment of contractual obligations.
- The confidentiality obligation does not apply to information
- which were already known to the other party when this contract was concluded or which are made known by third parties thereafter;
- that have already been published without breaching contractual or legal obligations;
- which the other party has expressly approved in writing for publication or disclosure;
- which must be disclosed due to legal information, reporting and/or publication obligations or official orders.
- The provider is entitled to publicly name the customer - subject to their written objection - as a reference and to use general information about the agreed contract in a suitable manner for marketing and sales purposes.
- The provider undertakes to ensure the functionality of the software in accordance with the provisions of these GTC.
- The provider continuously monitors the functionality of the software and ensures the timely correction of software errors within the technical and human resources.
- The provider does not guarantee that the software can be used at any time without interruption and/or at a specific point in time or that it can be used free of errors and disruptions.
- Within the framework of the legal provisions, the provider excludes any liability towards the customer (or any third party), in particular for the fulfillment of their contractual and non-contractual obligations and for the loss of data and lost profit (including for slight and medium negligence ). This exclusion of liability also applies to damage that occurs directly or indirectly through the use of the software.
- The provider is liable for the behavior of subcontractors as for its own.
Term and Termination
- The contractual relationship begins as soon as the customer signs up for a subscription in the software or as agreed.
- The contract is concluded for a fixed period of one month or one year and is extended for an indefinite period by a further month or a further year if it is not terminated in good time by either party in writing or in the software.
- The cancellation periods are 5 days for a one-month subscription and 1 month before the subscription expires for a one-year subscription.
- Each party is entitled to terminate this contract at any time without notice for good cause. An important reason for the immediate termination of this contract exists for the provider in particular if
- if the customer goes bankrupt or the opening of bankruptcy proceedings has been suspended due to a lack of assets;
- if the customer is in arrears with payment obligations from this contractual relationship to the extent of at least one monthly fee and he has been unsuccessfully reminded of a grace period of two weeks and under threat of termination of the contract;
- if the customer violates legal provisions when using the software or other services or infringes copyrights, industrial property rights or other rights of third parties;
- if the customer seriously or repeatedly violates these GTC.
Consequences of the termination of the contract
- If the customer decides to terminate this contract, the fees for the current contract period will not be refunded.
- After termination of the contract, the customer is still entitled to demand the surrender of his data for one month (from the date of termination). The provider is not obliged to store the customer's data beyond this period. If a customer requests the release of data after the one-month period has expired and if the data is still available from the provider, the provider will release the data to the customer after payment of the costs actually incurred for this.
intellectual property rights
- All intellectual property rights and other claims to the software, the website and the documentation about the services remain the property of the provider.
- The customer acknowledges that he/she has no claims or rights to the software that go beyond the right of use in accordance with these GTC. Customer shall not have the right or permit any third party to (i) copy, download, screenshot, modify, transmit or assign the Software or any copy, adaptation, transcription or incorporated portion thereof, (ii) decompile, translate or disassemble all or any part of the Software or the source code or object code of the Software; (iii) use the software for any purpose other than that for which it was intended; (iv) allow access to the software to anyone other than authorized users.
- The transmission via e-mail satisfies the written form requirement. Messages from the provider to the e-mail address provided by the customer when registering are always considered written messages.
- The parties are obliged to notify the other party of any change of address (including e-mail) immediately. Otherwise, notifications sent to the last address given in writing are deemed to have been received with legal effect.
- In the event of the total or partial ineffectiveness of individual clauses of the present agreement, any ineffective provisions are to be reinterpreted, supplemented or replaced in such a way that the economic purpose pursued with the ineffective provision is achieved. The same applies in the event that there are any loopholes in this agreement.
Jurisdiction/Choice of Law
- With regard to all legal relationships arising from this contractual relationship, the parties agree on the application of the law of the Swiss Confederation to the exclusion of the regulations of private international law (IPR) and the uniform UN sales law (CISG).
- Zurich is agreed as the exclusive place of jurisdiction for all disputes that arise in connection with the execution of this contractual relationship.