Terms of Service

Terms of Use
You must read these Terms of Use ("Terms") before accessing the Lynks platform via Software as a Service ("SaaS"). In exchange for the right to access and use the Lynks platform and SaaS, you agree to these Terms. Use of the Lynks Platform and SaaS is subject to these Terms, including but not limited to the limitation of liability set forth below. Lynks may change these Terms from time to time, so you are advised to review the Terms each time you access this SaaS. By selecting "I accept" at the end of this message, you acknowledge that you have read, understand, and agree to be legally bound by these Terms. If you do not agree to these terms, Lynks will not grant you permission to access the Lynks platform. In this case, please click "I decline" and immediately return and/or delete all materials related to this Lynks Platform and the SaaS that you have received from Lynks or that are in your possession. In the event of any change to these Terms, you will be required to re-select "I Accept" or "I Decline".

1. Introduction

1.1 Purpose of the Document
This document sets out the General Terms and Conditions (GTC) that apply to the use of the service offered.

1.2 Formation of the Contract
By using the service, users accept these GTC and enter into a contract with Lynks AG (hereinafter referred to as "Provider").

1.3 Acceptance of the Terms of Use
By using the service, users confirm that they have read, understood, and accepted these Terms of Use.

2. Service Description

2.1 Provision of Software
The Provider makes the software available to the user to enable access to the service.

2.2 Service Announcements and Communication
The Provider may communicate important information about the service, including changes or updates, via email or otherwise to the users.

2.3 Password and Account Security
Users are responsible for the security of their password and account and are liable for all actions taken under their account.

2.4 Changes to the Software
The Provider reserves the right to update or modify the software at any time at its sole discretion.

3. User Responsibilities

3.1 Data Backup
Users are responsible for backing up their data that is created or stored in connection with the service.

3.2 System Requirements
Users are responsible for ensuring that their systems meet the minimum requirements needed to use the service.

3.3 Access Credentials and Use by Third Parties
Users are responsible for keeping their access credentials confidential and not sharing the service with unauthorized third parties.

4. Commercial Rights and Intellectual Property

4.1 Ownership of Work Results
All commercial rights such as intellectual property rights and licensing rights to the documents, products, or other work results created by the Provider in the context of the contractual relationship, as well as the know-how developed or used in the context of the contractual relationship, exclusively belong to the Provider, regardless of any collaboration between the Provider and the customer.

4.2 Right of Use
The Provider grants the customer a non-exclusive and non-transferable right of use for the exclusive personal use for the duration of the contract to the documents, products, and other work results handed over to the customer, including the respective know-how.

4.3 Software Restrictions
The customer is not permitted to copy, modify, distribute, sell, or rent parts of the software. The software may not be reverse-engineered, nor may attempts be made to extract the source code.

4.4 Disclosure to Third Parties
The disclosure of documents, products, and other work results or parts thereof, as well as individual technical statements to third parties by the customer, is only permitted with the express written consent of the Provider.

4.5 Modification Prohibition
The customer is required to refrain from modifying the documents provided by the Provider, particularly the binding reports. The same applies to products and other work results, insofar as their purpose does not consist of further processing by the customer.

4.6 Reference Use
Permission is hereby granted in full extent to refer to the existing contractual relationship between the parties, particularly in the context of advertising or as a reference. For this purpose, images of the company logo of the customer may also be used on the internet, in company presentations, brochures, advertisements, etc.

5. Data Protection

5.1 Data Protection Declaration
The Provider commits to protecting the personal data of the users in accordance with the applicable data protection laws and the Provider's data protection declaration.

5.2 Data Storage and Transfer
The Provider may store and process personal data on servers located inside or outside Switzerland and may transfer this data to affiliated companies or third parties acting on its behalf.

6. Limitations of Liability

6.1 Disclaimer of Liability
The Provider is not liable for damages caused by the use or inability to use the service, unless the damage was caused intentionally or through gross negligence.

6.2 Liability Cap
The liability of the Provider for damages arising from these GTC is limited to the amount the user has paid for the service in the period of twelve months prior to the damaging event.

6.3 No Liability for Third Parties and All Integrated Services
(a) Provider provides a SaaS platform that acts as a connector between Customer and various Third Party Services, including but not limited to e-commerce platforms, payment gateways, inventory management systems, and other integrated services. Customer acknowledges that there may be downtime, disruptions, and other impairments to these Third Party Services that are beyond Provider's control.
(b) The Provider shall not be liable for any downtime, disruption, loss of data, or other impairment of the Service caused by downtime or other disruptions in the Third-Party Services and Integrated Services. These Third-Party Services and Integrated Services are not auxiliaries of the Provider, and the Provider has no ability to control or direct these Services.

7. Payment and Billing

7.1 Payment Methods
The User may use various payment methods to pay for the Service, such as credit card, direct debit, PayPal, or other payment methods accepted by the Provider.

7.2 Billing Period
Billing for the Service is monthly, quarterly, or annually, depending on which subscription option the User has selected. The Provider shall issue an invoice to the User for the use of the Service.

7.3 Due Date
Payment for the Service is due in advance and is collected on the first day of the respective billing period. All payments are to be made without deduction.

7.4 Default of Payment
In case of default of payment, the Provider reserves the right to block the service temporarily or permanently until the due amount is paid in full. In the event of a permanent block, the Provider may terminate the contract without notice.

7.5 Refunds
Refunds for payments already made are generally not granted unless there is an important reason for the termination of the contract for which the Provider is responsible.

7.6 Price Changes
The Provider reserves the right to change the prices for the service. The User will be informed about price changes at least 30 days in advance by email or other appropriate means. Continued use of the Service after the price change comes into effect shall be deemed as acceptance of the changed price structure.

7.7 Prices
The prices indicated on the website are net (without VAT). Upon payment, the VAT due is automatically calculated.

8. Termination

8.1 Termination Rights
The Provider and the User may terminate the contract at any time for good cause.

8.2 Effect of Termination
Upon termination of the contract, the User's right to use the service ends, and the User must delete all content and data relating to the service.

9. Changes to the GTC

9.1 Adjustment of the GTC
The Provider reserves the right to change these GTC at any time. The amended GTC will be communicated to the User by email or other suitable means.

9.2 User's Consent
The User's continued use of the Service after being notified of the amended GTC shall be deemed to constitute consent to the amended terms and conditions.

10. Final Provisions

10.1 Severability Clause
Should individual provisions of these GTC be invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions.

10.2 Applicable Law and Jurisdiction
These GTC shall be governed by Swiss law, excluding conflict of laws provisions and any national or international treaties or agreements in force at the time the contract or any dispute arises (e.g., United Nations Convention on Contracts for the International Sale of Goods (CISG) or the Hague Convention on Contracts for the International Sale of Goods). The exclusive venue for any dispute, controversy or claim arising out of or in the context of the contractual relationship between the Provider and the User, including the validity, invalidity, breach or termination thereof, shall be Zurich, Switzerland. Notwithstanding the foregoing, the Provider shall be entitled to sue the User at its general place of jurisdiction.

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