General Terms and Conditions (GTC) – Aurum Avis Labs GmbH

 

These General Terms and Conditions (GTC) apply to all business relationships between you and Aurum Avis Labs GmbH (hereinafter: "we" or "us"), in particular to the use of our platforms, tools, and services (hereinafter: "platform" or "services"). These General Terms and Conditions simultaneously serve as terms of use for the aforementioned systems.

We reserve the right to change these GTC at any time; the version valid at the time the legal relationship is established shall apply. Individual agreements made with you shall take precedence. Your own GTC and any deviating or conflicting terms shall not apply in the relationship between you and us and are hereby expressly excluded.

Please read these GTC as well as the following provisions carefully before using our services, using our platforms, booking a subscription, or entering into an agreement with us. By using our services, using our platforms, subscribing, or signing a contract, you agree to the provisions of these GTC as well as our Privacy Policy (available at https://www.aurum-avis-labs.ch/privacy). You also expressly confirm that you are of legal age and authorized to conclude legally binding contracts for yourself or for third parties (e.g., your employer or the service recipient).

A legal relationship between you and us arises when you create a user profile on our website or one of our platforms. The legal relationship is established upon the submission of the completed registration documents or registration form and the receipt of the data by us.

The functions of our platforms are generally subject to a fee and can be booked via a subscription system. In this case, the terms of the subscription you selected apply in addition to these GTC. We will only begin providing the "subscribed" services once the agreed payment has been received, unless expressly agreed otherwise.

In the case of services, a contract is concluded between us when you make an inquiry by phone, in writing, or via our contact form, and we subsequently submit an offer that you accept within the period specified in the offer. The contract is only considered concluded once you receive an order confirmation from us.

We provide our services within the agreed scope. This is determined either by the service description according to the offer or our order confirmation, or, if a written contract has been concluded, by the respective contract. Adjustments, be they reductions, extensions, or partial cancellations of services, are possible; however, we are entitled to charge you for any costs and expenses incurred as a result.

We undertake to perform the agreed services with care, diligence, and loyalty. In doing so, we provide our services to the best of our knowledge and by applying our expertise and experience. We employ qualified and professionally competent staff and supervise and monitor them during the service provision. We are entitled to engage third parties at our discretion to fulfill the assignment or provide the service. In this case, we ensure that the contractual obligations applicable to us are also binding on the third party and are complied with by them. We will inform you in advance about the use of third parties whenever possible.

We provide our services based on the information, documents, records, and/or software you provide. You are obliged to support us to the best of your ability and to provide all information, documents, records, and/or software required for proper service provision in a timely and complete manner.

If you fail to fulfill your obligations to cooperate or provide us with false or insufficient information, documents, records, and/or software, you will bear the resulting consequences. In particular, you are obliged to compensate us for any additional effort and/or any damage that may occur. Oral instructions given by you and/or third parties commissioned by you to our staff, service providers, or third parties engaged by us cannot establish any liability on our part. In the event of such instructions, you shall fully indemnify us against any liability.

Agreed deadlines for the execution of services will be set jointly with you and listed in the offer. We reserve the right to cancel or postpone a deadline due to unforeseen circumstances (e.g., illness of staff, force majeure, etc.) without incurring any cost or compensation consequences. In such cases, we will inform you immediately.

Access to our platform requires a user profile or user account. In your user account (under the corresponding section on the platform), you can view and change your current subscription, booked services, and your address data.

When registering your user account, you are obliged to provide your personal data truthfully and completely. You also undertake to treat your personal access data confidentially and not to grant unauthorized third parties access. Furthermore, it is your responsibility to take appropriate measures to prevent unauthorized access and misuse of the platform.

We strongly recommend that you change your password regularly. Be sure not to use easily guessable combinations (e.g., your birthdate, names of children or other family members). If you suspect that unauthorized third parties have gained access to your user account, please inform us immediately.

Technical access to the platform is via your device. It is your responsibility to ensure that your device and the software installed on it are and remain compatible with our platform. We reserve the right to adjust the technical requirements for devices and software at any time, for example due to technical developments of our platform or general technological progress.

Subject to compliance with these GTC, we grant you a time-limited, non-exclusive, non-transferable, and—depending on the subscription you have chosen—fee-based right of use for our platform.

You are considered an authorized user of the platform and are entitled to use our services if your data is included in the user profile. Only one user profile is allowed per person. If we discover that you have multiple accesses, we reserve the right to delete additional profiles without prior notice. Furthermore, we are entitled, at our sole discretion, to arrange for the complete deletion of all user profiles and deny you access to the platform and services.

You are prohibited from renting, transferring, or otherwise granting third parties full or partial access to your user profile. Use of the platform by persons not authorized by us is also not permitted. Copying, translating, or any other action that enables full or partial reproduction or reverse engineering of the platform is also prohibited.

If there is suspicion of a violation of these GTC, we are entitled—but not obligated—to deactivate, block, or delete your use of our services. You may also request the deletion of your user account yourself.

We always strive to avoid interruptions in the use of our platform and services and to remedy malfunctions as quickly as possible. However, you acknowledge that functional disruptions cannot be completely ruled out despite all due care and that we do not guarantee uninterrupted functionality of the platform.

Our technical support is available to remedy errors or malfunctions of the platform. To ensure efficient processing of your request, you are required to provide support with complete and precise information about the error or malfunction. Support requests can only be submitted via email to info@aurum-avis-labs.ch.

You bear sole responsibility for the content of your data, documents, records, and other information processed or published in connection with the use of our platform.

You shall indemnify us against all third-party claims based on unlawful use of our services or website or arising from copyright violations, data protection violations, or other legal disputes. When using our services, you are required to comply with applicable laws and must not violate the rights of third parties, especially intellectual property and personal rights.

You may only use the platform and our services in a lawful manner and in accordance with the laws of Switzerland as well as the laws of your place of residence and in compliance with these GTC. Any other, particularly abusive use, is prohibited. This includes (not exhaustively):

• Illegal Purposes: Use of the platform to create, edit, disseminate or promote illegal content or violations of applicable laws, regulations, or official orders.
• Manipulations: Attempts to circumvent, deactivate or impair the platform's security measures, as well as unauthorized access to the platform or other connected systems, including hacking or other forms of interference with technical infrastructure.
• Automation: Use of bots, scripts, or other automated systems to use or manipulate the platform, including automated queries or data extraction (scraping).
• Malware: Uploading, distributing or forwarding data or files containing viruses, malware, trojans or other harmful software.
• Violation of Third-Party Rights: Use of the platform to infringe copyrights, trademark rights, or other intellectual property rights of third parties, as well as the distribution of confidential information without authorization.
• Overloading the Platform: Actions intended to disrupt the platform through excessive requests or other forms of overload or to impair its functionality.
• False Information: Providing false, incomplete or misleading information during registration or use of the platform.
• Misuse of Generated Content: Use of content generated on the platform for purposes that violate these conditions, including resale or distribution without authorization.

We reserve the right to take appropriate action in the event of violations of these GTC (not exhaustive):

• Suspension or termination of the user account without prior notice and/or notification;
• Legal action, including the filing of criminal charges or civil lawsuits;
• Notification of the competent authorities.

Any attempt to circumvent the above restrictions will be considered a violation and will be sanctioned and/or prosecuted accordingly. You are also obliged to indemnify us against all claims arising from misuse or unauthorized use of the platform.

 

The use of our platform serves exclusively as support and for general informational purposes. We do not guarantee the correctness, completeness, or timeliness of the generated content. These may vary, be inaccurate, incomplete, or simply incorrect. Verifying the correctness, completeness, and accuracy of the generated content is your sole responsibility. You also bear sole responsibility for the content you enter on the platform and for the information you provide.

Maintenance work, technical disruptions, or other unforeseen events may temporarily restrict or entirely prevent access to the platform. Liability for such outages is excluded.

Our liability is limited to damages that can be demonstrably attributed to intentional or grossly negligent conduct on our part. Liability for slight or medium negligence is expressly excluded.

Liability for indirect damages and consequential damages is also excluded—regardless of whether they result from contract, tort, or any other legal basis. Indirect damages include, in particular, lost profits, financial losses, and reputational damage that arise in connection with the use of our platform or the utilization of our services.

We are also not liable for damages caused by third-party conduct, omitted or delayed services by third parties, or errors, defects, or malfunctions in technical installations or data processing systems.

We employ appropriate technical and organizational security measures to protect your data. Nevertheless, complete protection against unauthorized access by third parties (e.g., through hacking attacks) cannot be guaranteed. Liability for such incidents is excluded to the extent permitted by law.

In events beyond our sphere of influence and control (so-called force majeure), we assume no liability or responsibility for non-performance, improper performance, or delayed performance of our obligations. Such events include (non-exhaustively): strikes, protest actions, blockades, or other industrial actions by third parties; organized crime; invasions; terrorist attacks; war; fire; explosions; storms; floods; earthquakes; epidemics; pandemics; other natural disasters; or failures of public or private communication networks as well as the unavailability of rail, shipping, air, or road transport or other means of transportation.

The type and amount of remuneration is generally determined by the subscription you have chosen and the corresponding terms. Access to our platform is only granted after receipt of the agreed payment, unless expressly agreed otherwise. In the case of services, remuneration is based on the offer or the order confirmation or the respective contract. Fees and expenses are subject to VAT and any additional legal levies.

By choosing a payment method, you authorize the payment either by entering credit card details or payment service provider credentials. You authorize us to collect or charge payments accordingly. Should there be chargebacks, we are entitled to reimbursement of the related costs and bank processing fees. We are not liable for any fees and/or other amounts charged to you by your card issuer or bank in connection with the payment processing of your order.

We reserve the right, if you pay by credit card or alternative payment method, to verify the validity of the respective card, check the availability parameters and address data, and request authorization from the card issuer or payment provider. Furthermore, you confirm that the credit card is valid and the entered payment information is correct. If payment is declined, we reserve the right to cancel the subscription and deny access.

If we offer you payment by invoice or prepayment, you will receive the invoice and payment slip via email. Payment must be made using the payment slip within the specified deadline. If payment is not received on time, we are entitled to block access. In the event of late payment on invoice bookings, we are also entitled to charge reminder fees of CHF 25.00 per reminder. In addition, we charge other collection-related costs and statutory default interest. If debt collection is necessary, we will charge an additional processing fee of at least CHF 200.

In the case of subscriptions, a fixed term applies according to the chosen subscription and its associated terms. The subscription is automatically renewed for another term after the minimum term unless it is terminated no later than one month before expiry.

For services, the contract generally ends upon fulfillment of the agreed services. In the case of recurring services, the contract has a minimum term of 12 calendar months and is automatically renewed for another 12 calendar months unless you terminate it in writing no later than three months before expiry.

In the event of early termination by you, the remuneration for the entire fixed term remains fully owed.

We are entitled to terminate a subscription without notice if there is an important reason. Such an important reason exists if a circumstance occurs that makes it unreasonable for us to adhere to the contract in good faith. This includes, in particular, the initiation of bankruptcy, composition, or similar proceedings against you, in addition to violations of these GTC.

We reserve the right, with the exception of ongoing subscriptions, to terminate, restrict, block, delete, or deactivate access to our platforms and services at any time and without giving reasons. No claims against us arise from such termination, restriction, blocking, deletion, or deactivation.

We collect and process personal data exclusively within the framework of legal provisions, in particular in compliance with applicable data protection laws. Further information on the processing of personal data, your rights, and related questions can be found in our Privacy Policy (https://www.aurum-avis-labs.ch/privacy), which forms an integral part of these GTC.

We ensure that your customer data is treated confidentially and is not passed on to third parties. More information on data protection can be found in our Privacy Policy.

We are entitled to use documents and information that you enter or use on our platform without restriction for the purpose of further developing our platform. There is no use of your documents, records, and information beyond the development of the platform and our offering. We may also continue to use this collected data after the end of our legal relationship.

You may request that we delete your user profile; your personal data will generally remain stored. However, you have the right to request that personal data concerning you also be deleted. There are, however, cases in which we are legally required to retain data for a longer period. This applies in particular to legal provisions under Swiss or European law in areas such as contract and tax law and commercial accounting.

The platform and our services remain our exclusive property. No transfer of intellectual property rights to you takes place. The copyrights or other commercial protective rights remain with us. We retain all rights to developments, translations, modifications, as well as updates and upgrades to the platform, their copies, and the decompilation of the platform and its copies.

You grant us, to the extent permitted by law, a non-exclusive, unrestricted, transferable, unlimited, worldwide, and royalty-free license to any trademark-, design-, patent- or copyright-protected data, materials, or other documents and information that you upload to our platform or share with us. This license includes the right to use, reproduce, disclose, and create derivative works for adapting and/or further developing the platform, translations, and securing such data, materials, or documents. The license you grant us expressly includes the right to grant corresponding rights of use to third parties or to grant sublicenses.

Should any provision of these GTC be illegal, invalid, or unenforceable, the validity of the remaining provisions shall not be affected. Unless otherwise agreed, the invalid provision shall be replaced by a valid provision that most closely reflects the economic purpose of the invalid provision and the intent of the parties at the time of contract conclusion. The same applies to any gaps in these GTC.

For these GTC, the contractual relationships based on them, and all disputes arising from them, Swiss substantive law shall apply exclusively, to the exclusion of conflict-of-law rules.

The place of jurisdiction for all disputes arising from or in connection with these GTC is our registered office, unless mandatory legal provisions provide otherwise.

Aurum Avis Labs GmbH, Juli 2025