General Terms and Conditions (GTC) 

1. Scope of Application 

• These General Terms and Conditions (hereinafter "GTC") apply to all contracts concluded between Jeremias Degen (hereinafter "Provider") and his customers (hereinafter "Customer"). They govern the use of the offered software as well as the provision of coaching services. 

2. Subject Matter of the Contract 

• Software Use (SaaS): Time-limited provision of software via the Internet (licenses).

• Coaching: Individual consulting and coaching services in the sports sector.

3. Offer and Conclusion of Contract 

• The presentation of services and software on the website serves purely for informational purposes and does not constitute a legally binding offer.

• Upon request by the Customer (e.g., via email or contact form), the Provider shall submit an individual offer (quote) to the Customer via email.

• The contract is only concluded when the Customer accepts this offer within the deadline stated therein (e.g., by confirmation via email) or when the Provider explicitly confirms the Customer's order.

4. Prices and Payment Terms 

• The prices stated in the individual offer in Swiss Francs (CHF) shall apply.

• Payment shall be made in advance via bank transfer to the business account specified in the invoice.

• Access to the software or the commencement of coaching will only take place after full receipt of payment.

• Invoices will be sent to the Customer as a PDF via email.

• Prices are exclusive of value-added tax (VAT) or other taxes/duties.

• Invoices are due thirty days after receipt. Upon expiration of this period, the Customer will be in default without further reminder.

5. Term and Termination of Software Licenses 

• Term: The duration of the subscription depends on the individual offer (e.g., monthly or annually).

• Renewal: The subscription automatically renews for the originally agreed term unless it is terminated in due time.

• Termination: Termination is possible at any time to the end of the current term. The termination must be made in text form (e.g., via email).
  Example: An annual subscription starting on January 1st must be terminated before December 31st so that it does not renew.

• If the invoice for the renewal period is not paid in due time, the Provider is entitled to block access to the software.

6. Rights of Use for the Software 

• The Customer receives a simple, non-transferable, non-exclusive right, limited in time to the duration of the contract, to use the software for their own purposes.

• The Customer may not pass on the access data (username and password) to third parties. They are responsible for all activities that occur under their account.

• Apart from the rights explicitly mentioned here, the Customer acquires no further rights to the software. In particular, they are prohibited from granting sublicenses to the software.

7. Liability and Warranty 

• General Liability: The Provider is only liable for direct damages caused by gross negligence or intent. Any further liability, in particular for indirect damages, lost profits, or data loss, is – to the extent permitted by law – excluded. Therefore, liability for damages caused by intentional or grossly negligent behavior remains reserved. The limitation of liability and exclusion of liability apply to contractual as well as extra-contractual and quasi-contractual claims.

• Software: The Provider strives for the highest possible availability of the software (hosting via AWS) but cannot guarantee uninterrupted availability. The Customer acknowledges that disruptions cannot be ruled out even with the utmost care. Liability for short-term outages is excluded.

• The Provider is released from their liability for defects insofar as a defect is due to circumstances beyond their control. The data, performance descriptions, or specifications contained in the documents do not constitute guarantees unless expressly designated as such by the Provider.

• Any defects must be reported to the Provider by the Customer in text form (e.g., email) within 5 calendar days of their discovery. Otherwise, the defects are deemed to have been accepted.

• Defects reported in due time will be remedied at the Provider's discretion either by rectification or by refunding the license costs, whereby the suppression of the defect is also permissible. If the rectification fails, the Customer is entitled to withdraw from this contract. Upon declaration of withdrawal from the contract by the Customer, the contractual relationship and thus the right to use the software end.

• Further warranty claims by the Customer (including the right to a reduction of the price or damages) are explicitly excluded.

• The Customer is solely responsible for their actions when using the software and undertakes to use the software in compliance with legal requirements (in particular, the Customer shall refrain from acts that violate personal rights or are criminally relevant).

• Coaching: The Provider owes the careful provision of the service, but not a specific successful outcome. The implementation of the recommendations is the responsibility of the Customer.

8. Data Protection 

• The Provider undertakes to comply with the applicable data protection regulations. Details are governed by the privacy policy on the website. 

9. Reference Use 

• The client agrees that the provider may use the client as a reference on its website and in its marketing materials following the successful completion of the services. This includes the use of the client's logo and reference to the services provided. The client may revoke this consent in writing at any time without providing a reason. 

10. Final Provisions 

• Swiss law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

• The exclusive place of jurisdiction for all legal disputes arising in connection with this contract is the Provider's place of residence (Canton of Solothurn).

• Should individual provisions of these GTC be invalid, the remainder of the contract shall remain in effect.