General Terms and Conditions (GTC)

1. Provider

Attodot

Johannes Aschoff

Bölstrasse 51

8704 Herrliberg

Switzerland

Phone: +41 78 635 17 77

Email: johannes@aschoff.ch

Website: attodot.app

2. Scope of application

These General Terms and Conditions govern the use of the website attodot.app as well as the business relationship between Attodot and its customers with regard to the products and services offered.

They apply to all present and future contracts between Attodot and natural or legal persons, unless expressly agreed otherwise in writing in an individual case.

3. Attodot’s offering

Attodot offers digital and, where applicable, physical services.

The exact scope of services is determined by the respective product description, the individual offer, the order overview or a separate contractual agreement.

Unless expressly stated otherwise, the presentation of products and services on the website does not constitute a legally binding offer, but rather an invitation to place an order or submit an inquiry.

4. Conclusion of contract

A contract is concluded as soon as Attodot expressly confirms an order, booking or inquiry, or provides or activates the ordered service.

For orders placed via the website, the customer submits a binding offer to conclude a contract by submitting the order. Attodot may accept this offer within a reasonable period of time.

Attodot is entitled to reject orders without stating reasons, in particular if there are justified doubts regarding the accuracy of the information provided, the customer’s solvency or lawful use.

In order for these GTC to be effectively incorporated, they should be clearly made available to the customer before completion of the ordering process and accepted by the customer.

5. Registration and customer account

For certain services, the creation of a customer account may be required.

The customer is obliged to provide truthful, complete and up-to-date information during registration and to treat their access credentials confidentially. The customer is responsible for all activities carried out under their account, unless they can prove that such activities occurred without fault on their part.

Attodot may suspend or delete accounts if there are indications of misuse, unauthorized use or violations of these GTC.

6. Prices

All prices are stated in CHF, unless otherwise indicated.

Unless expressly stated otherwise, prices include any legally owed value-added tax.

Additional costs, in particular for shipping, import duties, customs duties, payment service provider fees or optional additional services, will be shown separately where applicable.

7. Payment terms

Payment is made using the payment methods specified on the website or in the offer.

Attodot is entitled to require advance payment for individual services. For recurring services, in particular subscriptions, the agreed fee is due in advance for the respective billing period.

If the customer defaults on payment, Attodot is entitled to suspend services, block access or withhold further provision of services until all outstanding amounts have been paid.

8. Payment service provider Stripe

Attodot uses services provided by Stripe to process payments and, where applicable, recurring subscriptions. In the context of payment processing, personal data, in particular name, email address, billing address, payment information, transaction data, tax information and information on payment status, refunds, chargebacks and subscriptions, may be transmitted to Stripe and processed there. The processing is carried out for the purpose of payment processing, contract performance, fraud prevention and compliance with legal obligations. Further information can be found in Stripe’s Privacy Policy.

9. Subscriptions and term

Where Attodot offers services on a subscription basis, the term is determined by the respective offer.

Subscriptions automatically renew for the originally agreed term or for the renewal period specified in the offer, unless terminated in due time before the end of the current term.

Unless otherwise agreed, the notice period is determined by the respective offer.

The right to extraordinary termination for good cause remains reserved.

10. Provision of digital services

Digital services, in particular software access, dashboards, analytics, notification functions or cloud-based services, are provided to the customer to the agreed extent.

Attodot is entitled to further develop, adapt or technically modify its services, provided that this does not unreasonably impair the essential contractually agreed functions.

Attodot endeavors to ensure the highest possible availability of its digital services, but does not guarantee uninterrupted or error-free availability.

Maintenance work, security updates, technical disruptions, force majeure or outages of third-party providers may lead to temporary restrictions.

11. Delivery of physical products

Where Attodot supplies physical products, deliveries are made to the delivery address provided by the customer.

Unless expressly guaranteed as binding, delivery periods are non-binding estimates.

Partial deliveries are permitted to the extent reasonable for the customer.

To the extent permitted by law, benefits and risks pass to the customer upon handover to the transport service provider or upon actual delivery.

12. Customer obligations

The customer undertakes to use the services offered by Attodot only lawfully and in accordance with these GTC.

In particular, it is prohibited to:

The customer is responsible for ensuring that the data, content and uses submitted by them do not infringe any third-party rights.

13. Intellectual property rights

All rights to the website, software, content, design, logos, texts, graphics, analytics and all documents provided by Attodot remain with Attodot or the respective rights holders, unless expressly agreed otherwise.

The customer receives only the non-exclusive, non-transferable and non-sublicensable right to use the services to the extent provided for in the contract.

Any further use, in particular reproduction, modification, disclosure, rental, reverse engineering or commercial reuse, is prohibited without the prior written consent of Attodot, unless mandatorily permitted by law.

14. Data processing and data protection

Attodot processes personal data in accordance with the applicable Privacy Policy.

The current Privacy Policy is available on the website and forms an integral part of these GTC to the extent legally permissible.

15. Warranty

Attodot provides its services with reasonable care.

To the extent permitted by law, any warranty is excluded unless Attodot has expressly warranted certain characteristics in writing.

In particular, Attodot does not warrant that:

The customer is obliged to report identifiable defects without delay.

16. Liability

Attodot is liable without limitation for damages caused by intentional or grossly negligent conduct, as well as in cases where mandatory statutory liability applies.

To the extent permitted by law, Attodot’s liability for slight negligence, indirect damages, consequential damages, loss of profit, lost savings, data loss, business interruptions and third-party claims is excluded.

To the extent Attodot is nevertheless liable, such liability is limited to the amount paid by the customer for the relevant service in the 12 months preceding the event giving rise to the damage.

These limitations of liability also apply for the benefit of Attodot’s auxiliary persons, employees, agents and engaged third parties.

17. Force majeure

Attodot is not liable for the non-performance or delayed performance of obligations where this is due to events outside Attodot’s reasonable control.

This includes in particular natural events, war, terrorism, pandemics, official orders, strikes, failures of telecommunications or energy networks, cyberattacks and outages of hosting, cloud or payment service providers.

18. Suspension and termination for good cause

Attodot is entitled to suspend services with immediate effect or terminate contracts without notice for good cause if the customer:

Payment claims of Attodot that have already arisen remain unaffected.

19. Withdrawal and refunds

Unless expressly agreed otherwise, there is no general voluntary right of withdrawal or return.

In Switzerland, there is generally no statutory general right of withdrawal for online purchases; such a right exists only if the provider grants it and clearly communicates the applicable conditions.

Refunds are granted only in expressly provided cases, in particular in the case of mandatory statutory claims or if Attodot confirms this in writing in an individual case.

20. Changes to services and GTC

Attodot may amend these GTC at any time with effect for the future, provided there is an objective reason, in particular in the event of legal, technical, operational or product-related changes.

The current version will be published on the website.

For existing continuing contractual relationships, changes will be communicated to the customer in an appropriate manner. If the customer does not object to the changes within a reasonable period and continues to use the services, the changes are deemed accepted, to the extent legally permissible.

21. Severability clause

Should individual provisions of these GTC be or become invalid or unenforceable in whole or in part, the validity of the remaining provisions shall remain unaffected.

In place of the invalid provision, a valid provision shall be deemed agreed that comes as close as possible to the economic purpose of the original provision.

22. Applicable law and place of jurisdiction

Swiss law applies exclusively, excluding conflict-of-law rules.

To the extent permitted by law, the place of jurisdiction is Zurich, Canton of Zurich, Switzerland.

Mandatory statutory places of jurisdiction remain reserved.