TERMS AND CONDITIONS
1. Scope of Application / Subject Matter of Contract
These General Terms and Conditions (GTC) apply to all contractual relationships in which an end customer registers with Stamy GmbH (hereinafter referred to as the "Provider"). The Provider operates a SaaS software platform at www.stamy.io for booking courses, appointments, and rooms. The software includes user management, a blog, an online shop, and a website builder with hosting.
2. Rights of Use
2.1 The Customer is granted a non-exclusive, non-transferable right to use the platform. The platform is generally provided free of charge, provided that no transactions are made through its use (refer to the price list). The Provider ensures an availability of at least 95% on an annual average, excluding announced maintenance windows. 2.2 The Provider stores the Customer's data on its servers. The data remains within the legal domain of the Customer and will be made available for download for 30 days following the termination of the contract, after which it will be deleted. 2.3 The Customer is responsible for its content. The following are prohibited: infringement of copyrights, personality rights, and content of a criminal nature (pornography, violence, racism, fraud). 2.4 The Provider is entitled to block access in the event of unlawful content or within the framework of a notice-and-takedown procedure. 2.5 The Customer may grant third parties access but remains fully responsible for their compliance with these GTC. 2.6 Interfaces (APIs) to third-party providers are subject to their respective terms and conditions. The Provider assumes no warranty in this regard. 2.7 The Customer is responsible for ensuring the necessary technical requirements and for safeguarding its access credentials.
3. Support
The Provider will respond to inquiries within 48 hours during business hours (Monday to Friday, 09:00–17:00).
4. Fees / Invoicing
Invoices are due within 10 days of the invoice date. The Provider may adjust the price list with a notice period of three (3) months. In the event of late payment, statutory default interest shall apply.
5. Intellectual Property
The Provider retains all proprietary rights in the software, including all copyrights and industrial property rights.
6. Warranty / Liability
6.1 The Provider warrants that services will be rendered with due care and in a professional manner, but cannot guarantee that the software will be free of errors at all times. In the event of defects, the Provider shall remedy them free of charge, provided that no fault on the part of the Customer can be established. 6.2 Liability for personal injury is unlimited. For direct property damage and financial loss, liability is limited to a maximum of the total amount paid by the Customer in the preceding 6 months. Liability for consequential damages and loss of profit is excluded.
7. Conclusion, Duration, and Termination of Contract
The contract enters into force upon successful registration. The Customer may terminate the contract at any time free of charge. The Provider may terminate the contract with a notice period of 3 months. In the event of 6 months of inactivity, the Customer will be notified; if no login occurs within 1 month, the contract will be terminated. Extraordinary termination with a notice period of 20 days is possible in the event of late payment or unlawful use.
8. Final Provisions
8.1 Data Protection: The parties shall ensure compliance with applicable data protection law through appropriate organisational and technical measures. 8.2 Severability: Should any provision of these GTC be invalid, the validity of the remaining provisions shall not be affected thereby. 8.3 Assignment: Assignment of rights or obligations is only permitted with the written consent of the other party. 8.4 Governing Law: Swiss law shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). 8.5 Jurisdiction: The place of jurisdiction shall be the ordinary courts at the registered seat of the Provider.
Version
2022/1.0