General Terms and Conditions

Aurum Avis Labs GmbH

1. Scope and Application

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, our tools, and our services (hereinafter: “Platform” or “Services”). These General Terms and Conditions simultaneously constitute the terms of use for the aforementioned systems. We reserve the right to amend these GTC at any time; the GTC in force at the time the legal relationship is established shall apply. Individual agreements that we enter into with you shall take precedence. Your own general terms and conditions as well as any deviating or conflicting general terms and conditions shall not apply to the relationship between you and us and are hereby expressly excluded.

2. Important Notices Regarding Use

Please read these GTC and the provisions set out below carefully before using our services, accessing our platforms, booking a subscription, or entering into an agreement with us. By using our services, accessing our platforms, concluding a subscription, or signing a contract, you agree to the provisions of these GTC and our Privacy Policy (available at https://www.aurum-avis-labs.ch/privacy). You further expressly confirm that you are of legal age and authorized to enter into legally binding contracts on your own behalf or on behalf of third parties (e.g., your employer or the recipient of the services).

3. Legal Relationship

A legal relationship between you and us is established when you create a user profile on our website or on one of our platforms. The legal relationship is formed upon the submission of the completed registration documents or the registration form and upon receipt of the data by us. The functions of our platforms are generally subject to a fee and can be booked through a subscription system. In such cases, the terms of the subscription you have selected shall apply in addition to these GTC. We shall not commence the provision of the “subscribed” services until the agreed remuneration has been received, unless expressly agreed otherwise. In the case of services, a contract is formed between us when you submit a request by telephone, in writing, or via our contact form, and we subsequently submit an offer to you that you accept within the period specified in the offer. The contract shall be deemed concluded only upon your receipt of an order confirmation from us.

4. Our Services / Your Cooperation (Services)

We provide our services to the agreed extent. The basis for this is either the service description set out in the offer or our order confirmation, or, if a written contract has been concluded, the relevant contract. Adjustments — whether reductions, extensions, or partial cancellations of services — are possible; however, we are entitled to charge you in full for any costs and expenses incurred by us as a result. We undertake to carry out the agreed services carefully, conscientiously, and faithfully. In doing so, we provide our services to the best of our knowledge and with the application of our expertise and experience. We employ qualified and professionally competent staff and supervise and manage them during the provision of services. We are entitled, at our own discretion, to engage third parties to fulfill the order or provide the service. In such cases, we shall ensure that the contractual obligations applicable to us are also binding upon and complied with by the third party. We shall, where possible, notify you in advance of the engagement of third parties. We provide our services on the basis of the information, documents, records, and/or software provided by you. You are obliged to support us to the best of your ability and to provide, in a timely and complete manner, all information, documents, records, and/or software necessary for the proper provision of services. Should you fail to fulfill your cooperation obligations or provide us with incorrect or insufficient information, documents, records, and/or software, you shall bear the consequences arising therefrom. In particular, you are obligated to compensate us for any additional expenditure that may arise and/or any damages that may occur. Oral instructions given by you and/or third parties engaged by you to our personnel, our service providers, or third parties engaged by us cannot give rise to any liability on our part. In the event of such instructions, you shall indemnify us in full against any and all liability.

5. Dates (Services)

Agreed dates for the performance of services are set jointly with you and set out in the offer. We reserve the right to cancel or reschedule a date due to unforeseen circumstances (e.g., illness of staff, force majeure, etc.) without any cost or compensation consequences. In such cases, we shall notify you without delay.

6. Registration and Access (Platform)

Access to our platform requires a user profile or a user account. In your user account (under the relevant section of the platform), you can view and modify your current subscription, booked services, and address details. When registering your user account, you are obligated to provide your personal data truthfully and in full. You further undertake to keep your personal access credentials confidential and not to grant access to unauthorized third parties. You are also responsible for taking appropriate measures to prevent unauthorized access to and misuse of the platform. We strongly recommend that you change your password regularly. When doing so, please ensure that you do not use easily guessable combinations (e.g., your date of birth, the names of children or other family members). Should you suspect that unauthorized third parties have gained access to your user account, please notify us immediately. Technical access to the platform is via your end 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, as a result of technical developments to our platform or general technological progress.

7. Right of Use / Access Restrictions

Subject to compliance with these GTC, we grant you a time-limited, non-exclusive, non-transferable, and — depending on your chosen subscription — fee-bearing right to use our platform. You are considered an authorized user of the platform and are entitled to make use of our services, provided your data is included in the user profile. Only one single user profile is permitted per person. Should we determine that you hold multiple accounts, 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 to deny you access to the platform and to the services. You are prohibited from renting, transferring, or otherwise making your user profile available to third parties, in whole or in part. Use of the platform by persons not authorized by us is likewise impermissible. Also prohibited is the copying, translation, or any other act that enables the complete or partial reproduction or reverse engineering of the platform. In the event of suspected breach of these GTC, we are entitled — but not obligated — to deactivate, block, or delete your access to our services or your user account. You may also request the deletion of your user account yourself.

8. Availability and Support

We are continually endeavoring to avoid interruptions to the use of our platform and our services and to remedy any disruptions as quickly as possible. However, you acknowledge that, despite all due care, functional disruptions cannot be entirely excluded and that we do not guarantee uninterrupted availability of the platform. Our technical support is available to you for the resolution of errors or disruptions to the platform. In order to ensure efficient handling of your request, you are obligated to provide support with complete and precise information regarding the error or disruption that has occurred. Support requests may be submitted exclusively by e-mail to info@aurum-avis-labs.ch.

9. Responsibility

You bear sole responsibility for the content of your data, documents, records, and other information that are processed or published in connection with the use of our platform. You shall indemnify us against all claims by third parties arising from an unlawful use of our services or website, or arising from infringements of copyright, data protection law, or other legal disputes. When making use of our services, you are obligated to comply with the applicable laws and may not infringe the rights of third parties, in particular intellectual property rights and personality rights.

10. Prohibited Use

You may use the platform and our services exclusively in a lawful manner and in accordance with the laws of Switzerland and the laws of your place of residence, and in compliance with the provisions of these GTC. Any other use, in particular any abusive use, is prohibited. The following (non-exhaustive) examples are included:

Illegal purposes: Use of the platform to create, process, disseminate, or promote illegal content, as well as violations of applicable laws, regulations, or official orders;
Manipulation: Attempts to circumvent, disable, 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 the technical infrastructure;
Automation: The use of bots, scripts, or other automated systems to use or manipulate the platform, including automated queries or data extraction (scraping);
Malware: The uploading, disseminating, or forwarding of data or files containing viruses, malware, trojans, or other harmful software;
Infringement of third-party rights: The use of the platform to infringe copyrights, trademarks, or other intellectual property rights of third parties, as well as the dissemination of confidential information without the corresponding authorization;
Overloading the platform: Actions aimed at disrupting the platform through excessive requests or other forms of overloading, or at impairing its functionality;
False information: The provision of false, incomplete, or misleading information during registration or use of the platform;
Misuse of generated content: The use of content generated on the platform for purposes that violate these terms, including the resale or distribution thereof without authorization. We reserve the right to take appropriate measures in the event of violations of these GTC (non-exhaustive):
Blocking or termination of the user account without prior notice and/or notification;
Legal action, including the filing of criminal complaints or civil claims;
Notification of the competent authorities. Any attempt to circumvent the above-mentioned restrictions shall be deemed a violation and shall be sanctioned and/or prosecuted accordingly. You are furthermore obligated to indemnify us against all claims arising from an abusive or impermissible use of the platform.

11. Liability

The use of our platform serves exclusively to support you and for general information purposes. We assume no guarantee as to the accuracy, completeness, or currency of the generated content. Such content may vary, be inaccurate, incomplete, or simply incorrect. It is exclusively your responsibility to verify the generated content for its accuracy, completeness, and precision. You likewise bear sole responsibility for the content that you enter on the platform as well as for the information provided by you. Maintenance work, technical disruptions, or other unforeseeable events may temporarily restrict or entirely prevent access to the platform. Liability for such outages is excluded. Our liability is limited to damages demonstrably caused by intentional or grossly negligent conduct on our part. Liability for slight or moderate negligence is expressly excluded. Liability for indirect damages and consequential damages is likewise excluded — regardless of whether these arise from contract, tort, or any other legal basis. Indirect damages include in particular loss of profit, financial losses, and reputational damage arising in connection with the use of our platform or the use of our services. We are furthermore not liable for damages attributable to the conduct of third parties, to omitted or delayed performance by third parties, or to errors, defects, or disruptions in technical installations or data processing systems. We deploy appropriate technical and organizational security measures to protect your data. Nevertheless, complete protection against unauthorized access by third parties (e.g., hacking attacks) cannot be guaranteed. Liability for such incidents is excluded to the extent permitted by law. In the event of occurrences that are beyond our sphere of influence and control (so-called force majeure events), we accept no liability or responsibility for the non-performance, defective performance, or delayed performance of our obligations. Such events include, for example (non-exhaustively): strikes, protests, lockouts, 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 unusability of rail, shipping, aviation, or motor vehicle routes or other means of transport.

12. Remuneration, Invoicing, Payment Terms, and Default

The nature and amount of the remuneration are governed in principle by the subscription you have selected and the corresponding terms. Access to our platform shall only be provided upon 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 relevant contract. Remuneration and expenses are understood to be exclusive of value added tax and, where applicable, further statutory levies. By selecting your means of payment, you authorize payment either by entering your credit card details or the access credentials of a payment service provider. You authorize us to collect or recover payments to the corresponding extent. In the event of chargebacks, we shall be entitled to reimbursement of the associated costs and bank processing fees. We shall in no event be liable for any fees and/or other amounts charged to you by your card issuer or bank as a result of the payment processing of your order. We reserve the right, should you pay by credit card or an alternative payment method, to verify the validity of the relevant card, to check the availability parameters and address details, and to request authorization from the card issuer or payment provider. You furthermore confirm that the credit card is valid and that the payment details entered are correct. In the event of a refused payment, we reserve the right in any case to cancel the subscription and to refuse access. If we offer you payment by invoice or advance payment, you will receive the invoice and the payment slip by e-mail. Payment must be made using the payment slip and within the specified period. If payment is not made on time, we are entitled to block access. If payment by invoice is not made on time upon booking, we are furthermore entitled to charge our expenses with reminder fees in the amount of CHF 25.00 per reminder. We shall additionally charge any further costs associated with collection as well as the statutory default interest. Should it become necessary to initiate debt enforcement proceedings, we shall levy an additional processing fee of at least CHF 200.00.

13. Duration and Termination of Contract

In the case of subscriptions, a fixed term applies in accordance with the subscription selected and the corresponding terms. The subscription shall be automatically renewed upon expiry of the minimum term for a further period, unless terminated no later than one month prior to expiry. In the case of services, the contract shall in principle end upon fulfillment of the agreed services. In the case of recurring services, the contract has a minimum term of 12 calendar months and shall be automatically renewed for a further 12 calendar months, unless you give written notice of termination no later than three months prior to expiry. In the event of early termination by you, the remuneration for the entire fixed term shall remain due in full. We are entitled to terminate a subscription with immediate effect if there is good cause. Such good cause exists if a circumstance arises that makes it unreasonable, in good faith, for us to remain bound by the contract. This includes, in addition to violations of these GTC, in particular the opening of bankruptcy, composition, or similar proceedings against you. We reserve the right, with the exception of current subscriptions, to terminate, restrict, block, delete, or deactivate access to our platforms and services at any time and without stating reasons. No claims against us shall arise from any such termination, restriction, blocking, deletion, or deactivation.

14. Data Protection

We collect and process personal data exclusively within the framework of statutory provisions, in particular in compliance with the applicable data protection laws. Further information on the processing of personal data, your rights, and related matters can be found in our Privacy Policy (https://www.aurum-avis-labs.ch/privacy), which forms an integral part of these GTC. We guarantee that your customer data will be treated by us as confidential and will not be disclosed to third parties. Further information on data protection can be found in our Privacy Policy (https://www.aurum-avis-labs.ch/privacy). We are entitled to use documents and information that you enter / use on our platform for the purpose of the further development of our platform without restriction. Use of your documents, records, and information beyond the further development of the platform and our offering does not exist. We may continue to use the collected data even after the termination of our legal relationship. You may request that we delete your user profile with us; your personal data shall generally remain with us. However, you have the right to request that the personal data relating to you be deleted as well. There are, however, cases in which we are legally obligated to retain data for a longer period. This concerns in particular provisions of Swiss or European legislators in areas such as contract law, tax law, and commercial accounting.

15. Intellectual Property Rights

The platform and our services remain our exclusive property. No transfer of intellectual property rights to you shall take place. Copyright or other industrial property rights shall remain with us. We retain all rights to further developments, translations, modifications, as well as to updates and upgrades of the platform, copies thereof, as well as to the decompilation of the platform and its copies. To the extent permitted by law, you grant us 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. The license includes the right to use, reproduce, disclose, and create derivative works for the adaptation and/or further development of the platform, translations, and backup of such trademark-, design-, patent-, or copyright-protected data, materials, or other documents and information. The license granted to us by you expressly includes the right to grant corresponding rights of use to third parties, i.e., to grant sublicenses.

16. Severability Clause

Should any provision of these GTC be or become unlawful, invalid, or unenforceable, this shall not affect the validity of the remaining provisions. Unless otherwise agreed, the ineffective provision shall be deemed replaced by an effective provision that best reflects the economic purpose of the provision and the intention of the parties at the time of conclusion of the contract. The same shall apply to any gaps in these GTC.

17. Governing Law and Jurisdiction

These GTC, the contractual relationships based thereon, and all disputes arising therefrom shall be governed exclusively by substantive Swiss law, to the exclusion of conflict-of-law rules. The place of jurisdiction for all disputes arising from or in connection with these GTC shall be our registered office, unless mandatory statutory provisions provide otherwise. Aurum Avis Labs GmbH, July 2025