Alpinify GmbH (Alpinify) supplies the customer with products or provides services of various kinds. The provisions listed in section 1) regulate those points that are valid for all types of contracts. The commercial conditions relevant to each business, such as product and service specifications, prices, and dates, etc., are regulated in individual contracts. For each contract conclusion, whether verbal or written, tacitly or formally agreed, the General Terms and Conditions that were published on Alpinify's website (www.alpinify.com) at that time or were provided to the customer as an attachment to the offer upon his request, are applicable.
Contracts between Alpinify and its customers are either concluded by mutual signing of an individual contract or by the unopposed acceptance of an order confirmation. When accepting an order confirmation, Alpinify may assume that the customer agrees with the order confirmation unless he raises objections within a period of seven days after receipt.
Written contracts come into force on the date of signing, subject to other agreements, and order confirmations come into force on the date of issue.
Individual contracts for the provision of an ongoing service (software development, software license, software maintenance) end with the expiration of the contract or its termination. Terminations must be made in writing.
Both Alpinify and the customer are obliged to treat data and information that are not generally accessible as confidential, i.e., to use them only within the scope of their mutual business relationship.
Both parties shall comply with the Swiss Federal Act on Data Protection (FADP/DSG) and, where applicable, the European General Data Protection Regulation (GDPR). Where the customer processes personal data of individuals located in the European Economic Area, the provisions of the GDPR shall apply in addition to Swiss law.
The customer acts as the data controller with respect to all personal data entered into or processed by the Alpinify programs. Alpinify acts as the data processor and processes personal data solely on behalf of and in accordance with the documented instructions of the customer. Alpinify shall not process such data for its own purposes.
Where the Alpinify programs are used to process health data, medical records, patient information, or other sensitive personal data as defined by applicable data protection law, both parties acknowledge the heightened duty of care that applies to such data. The customer is responsible for ensuring that the collection and processing of such data has a lawful basis, including obtaining any necessary consent from data subjects. Alpinify shall apply appropriate technical and organisational measures to protect sensitive data in accordance with the principles of privacy by design and privacy by default.
All customer data is stored on servers located in Switzerland and/or the European Union. Alpinify shall not transfer customer data to countries outside of Switzerland or the EU/EEA without the prior written consent of the customer, unless adequate safeguards are in place as required by applicable data protection law.
Alpinify may engage sub-processors to assist in providing the services. Alpinify shall inform the customer of any intended changes concerning the addition or replacement of sub-processors, giving the customer the opportunity to object. Alpinify shall ensure that sub-processors are bound by data protection obligations no less protective than those set out in these terms.
Alpinify shall assist the customer, by appropriate technical and organisational measures and insofar as this is possible, in fulfilling the customer's obligation to respond to requests from data subjects exercising their rights under applicable data protection law, including rights of access, rectification, erasure, restriction, portability, and objection.
Upon termination of the contract, Alpinify shall, at the customer's choice, return all customer data in a commonly used, machine-readable format or delete it within 30 days, unless retention is required by applicable law. Alpinify shall confirm the deletion in writing upon request.
The customer is responsible for selecting and using the products and for the results achieved from them. They are also responsible for the necessary security measures to protect the programs and the stored data from destruction, theft, or misuse.
The customer commits to support the activities of Alpinify. This includes, among other things, designating contact persons, timely delivery of relevant information, providing documents, and reviewing and accepting concepts.
The approximate delivery and fulfillment dates agreed upon in the respective individual contract are valid, subject to force majeure events such as war, strike, transportation difficulties, official import bans, and delivery delays from Alpinify's suppliers. Alpinify provides its services, based on the availability of its personnel, primarily during normal working hours. Such hours are from 08:00 to 17:00, from Monday to Friday, excluding public holidays and local days off.
Changes to product data and characteristics are reserved as long as they do not jeopardize functionality and do not impair the intended use by the customer.
Prices for individual deliveries or services (license fees, sales prices, charges, etc.) are derived from individual contracts.
Alpinify is entitled to adjust the amount of periodic (recurring) fees for maintenance contracts and the hourly rates for services at the beginning of a new contract or calendar year to reflect changed cost factors. Alpinify will announce such adjustments at least 3 months before they take effect.
When concluding an individual contract that exceeds the amount of net 10,000.00 CHF, Alpinify can invoice a third of the amount upon order or assignment and the remaining two thirds after the delivery or provision of service. Periodic fees are invoiced in advance on an annual basis. In other cases, Alpinify invoices the customer after delivery or service provision.
If the customer is in default with the payment of an invoice from Alpinify, Alpinify can claim a default interest of 5%. Furthermore, after setting a grace period, Alpinify can choose to withdraw from the contract and invoice the contractually agreed compensation in full as damages for the services already provided.
In case of fault, Alpinify is liable for damages up to 20% of the price of the defective product or faulty service, provided the customer proves gross negligence or unlawful intent by Alpinify. In the case of recurring services (maintenance, etc.), an annual fee is considered the price of the service. Liability is excluded for auxiliary persons as well as for financial damages such as lost profits, unrealized savings, the customer's own expenses, third-party recourse claims, delay damages, damages from data loss and data damage, and damages from the commercial application of the products, to the extent legally permissible.
These contractual conditions and the individual contracts are subject to Swiss law. The jurisdiction is the domicile of Alpinify.
The customer shall use the Alpinify programs only for lawful purposes and in accordance with applicable laws and regulations. The customer shall not use the services to store, transmit, or process any content that is unlawful, harmful, threatening, defamatory, or otherwise objectionable. The customer shall not attempt to gain unauthorised access to any part of the services, other accounts, computer systems, or networks connected to the services. Alpinify reserves the right to suspend or terminate access to the services if the customer violates these acceptable use provisions.
Alpinify owns the intellectual property rights and the industrial property rights (copyrights, patents) of all Alpinify programs. It grants the customer the non-transferable and non-exclusive licensing right for personal use of the Alpinify programs specified in the individual contracts.
The customer commits to using the Alpinify programs solely for their own use and not to transfer, grant, or otherwise make these programs, including documentation, available to third parties, either in whole or in part. Except for the usage rights of the customer, all rights to the Alpinify programs remain with Alpinify, even if changes or extensions are made to them. Until the full payment of the licensing fees, Alpinify can restrict or block the usage rights to the Alpinify programs. Without the express written authorization of Alpinify, the customer or third parties are not allowed to create additional copies of the Alpinify programs and associated documentation, make any changes or edits, excluding backup copies. If there's a violation against the usage rights, Alpinify is also entitled to terminate the contract without notice.
All data entered into or generated by the customer through the use of the Alpinify programs, including but not limited to patient records, client records, appointment data, booking data, and financial records, remains the exclusive property of the customer. Alpinify acquires no ownership rights to customer data. Alpinify may use aggregated and anonymised data for the purposes of improving the services, provided that such data cannot be used to identify the customer or any individual.
The customer acknowledges that, according to the current state of technology, complete error-freeness of software cannot be guaranteed. With this limitation in mind, Alpinify provides the contractual warranty for their programs for a period of 12 months from the date of delivery. As part of the warranty, Alpinify rectifies program errors within a reasonable period of time at no cost. The customer must report the errors in writing and in a comprehensible form. Alpinify cannot guarantee that the Alpinify programs will operate uninterrupted and error-free, in all possible combinations, with any hardware products and data, or that the correction of potential program errors will prevent the occurrence of other program errors. If a program error is traced back to changes in the conditions of use and operation, improper or unauthorized interventions in the programs, operating errors, etc., Alpinify is exempt from warranty obligations. For third-party software, any warranty by Alpinify is disclaimed, even if such software is integrated into Alpinify's programs.
The user software license agreement is concluded for a duration of one year. The contract shall automatically renew for successive one-year periods unless terminated by either party in writing, observing a notice period of 30 days before the end of the current contract period. At the end of the contract, the customer may request the export of all customer data in accordance with section 1.5.8. The customer is obliged to destroy or delete all Alpinify programs and the corresponding documentation or return them to Alpinify.
The Alpinify programs are provided as cloud-based software applications (Software as a Service). The customer accesses the programs via the internet using a web browser or other supported client. No software installation on the customer's premises is required unless otherwise specified in the individual contract.
Alpinify shall use commercially reasonable efforts to ensure that the services are available 99.5% of the time on a monthly basis, excluding scheduled maintenance windows. Scheduled maintenance is performed on Sundays between 12:00 and 18:00 (CET/CEST). Alpinify shall endeavour to notify the customer of planned maintenance at least 48 hours in advance. Unscheduled downtime caused by circumstances beyond Alpinify's reasonable control, including but not limited to force majeure events, internet outages, and third-party service disruptions, shall not count towards the availability calculation.
Alpinify performs regular automated backups of all customer data. Backups are stored in geographically separate locations within Switzerland and/or the European Union. In the event of data loss due to system failure, Alpinify shall restore customer data from the most recent available backup at no additional cost.
The customer may request an export of their data at any time during the contract period. Alpinify shall provide the data in a commonly used, structured, and machine-readable format within a reasonable period. Upon termination of the contract, the provisions of section 1.5.8 shall apply.
Certain Alpinify programs provide automated messaging functionality that enables the sending of appointment confirmations, reminders, follow-up messages, and other communications to end users (the customer's clients or patients) via SMS, email, WhatsApp, Viber, and other supported channels.
The customer is solely responsible for obtaining all necessary consents from their clients, patients, or other recipients before automated messages are sent on their behalf. This includes compliance with applicable anti-spam legislation, telecommunications regulations, and data protection laws. Alpinify shall not be held liable for messages sent without proper consent from the recipient.
The customer is responsible for the content of all messages sent through the Alpinify programs, including any customised templates. Messages must not contain content that is unlawful, misleading, defamatory, or otherwise in violation of applicable laws. Alpinify reserves the right to suspend messaging functionality if it reasonably believes that the customer is using the service in violation of these terms or applicable law.
Automated messages may be delivered through third-party platforms and service providers, including but not limited to SMS gateway providers, WhatsApp Business API, and Viber Business Messages. The availability and functionality of these channels is subject to the terms and conditions of the respective third-party providers. Alpinify is not responsible for delivery failures, delays, or service interruptions caused by third-party messaging platforms.
Unless otherwise specified in the individual contract, messaging costs (such as SMS fees) may be charged separately in addition to the license fee. The applicable rates shall be communicated to the customer prior to activation of the messaging services.
Alpinify offers the customer various complementary services such as consulting, project management, software installation, training, further software development, coordination with third parties, data transfer, and similar services on behalf of the customer. As part of these services, the availability, functionality, and further development of the Alpinify programs delivered to the customer according to the individual contract is ensured. Excluded from this are software components from third parties, even if they are integrated into the Alpinify programs or are a prerequisite for the functioning of the Alpinify programs.
Alpinify offers customer support for the Alpinify programs during the working hours defined in this document. Communication between the customer and customer support takes place by telephone or email. Alpinify guarantees the licensee to rectify program errors within a reasonable period. Alpinify will respond to any errors at the latest within 2 working days, only considering the time when Alpinify offers customer support. Alpinify will inform the user about possible solutions.
Alpinify periodically provides customers with ongoing improvements, new software modules, and innovations in the form of updates for all Alpinify programs. Alpinify reserves the right to update the software on Sundays between 12:00 and 18:00. During this time, Alpinify does not guarantee the operation of all Alpinify programs.
The customer is obliged to take all necessary precautions to prevent damage. This includes, among other things, the regular backup of data and the careful monitoring of the Alpinify programs' functionality. Alpinify is not responsible for damages that could have been avoided if the customer had fulfilled their due diligence obligations.
Services are generally considered to have been provided and accepted once the work result has been handed over to the customer.
For services, Alpinify guarantees that the work result handed over to the customer corresponds to the specifications recorded in the individual contract at the time of transfer. However, they cannot guarantee the success of their services.
Alpinify may freely use ideas, concepts, know-how, and techniques that were developed by Alpinify alone or in collaboration with the customer.
The Alpinify programs may integrate with or depend upon third-party services, including but not limited to cloud infrastructure providers, messaging platforms (SMS gateways, WhatsApp, Viber), payment processors, and email delivery services. The availability and performance of such third-party services are outside of Alpinify's control.
The customer acknowledges that the use of certain features within the Alpinify programs may be subject to the terms and conditions of third-party service providers. Alpinify shall not be liable for any changes, discontinuations, or limitations imposed by third-party providers that affect the functionality of the Alpinify programs.
Any warranty by Alpinify is excluded for third-party software and services, even if such software or services are integrated into or used in conjunction with the Alpinify programs.