General Conditions of Sale & Service (GCS) – staysafer Sagl

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Contents

1. Purpose and Scope

These General Conditions of Sale & Service (“GCS”) govern the use of the staysafer software and the provision of related services (installation, maintenance, support, customizations) by staysafer Sagl, Via Giuseppe Motta 13, 6648 Minusio (CH), to companies and organizations (“Client”).

The GCS apply to all contracts, offers, licenses, and services provided by staysafer Sagl, unless otherwise agreed in writing.

2. Definitions

  • Supplier: staysafer Sagl.
  • Client: legal entity purchasing the license or services.
  • Software / staysafer Platform: web and mobile application for enterprise evacuation management.
  • Services: installation, training, maintenance, support, software customizations.
  • staysafer Hardware: optional devices (beacons, NFC, alarm buttons, gateways) supplied by the Supplier.
  • Client Environment: the Client’s IT infrastructure (servers, network, devices).
  • Third‑Party Cloud Services: external services such as Firebase (Google LLC) and OneSignal required to operate the Software.

3. Service Scope

The Supplier grants a non‑exclusive, non‑transferable, time‑limited license to use the staysafer software for the contract term. The license includes (i) access to the web and mobile platform; (ii) standard updates and maintenance; (iii) support as per the selected level. Custom work, integrations or hardware supply are quoted and approved separately.

4. Intellectual Property

All IP rights to the software, source code, trademarks, logos, technical documentation and updates remain the exclusive property of staysafer Sagl. The Client may not copy, modify, decompile, reverse engineer, distribute, grant unauthorized access or use the software beyond the license terms.

5. Installation, Technical Requirements & Access

Installation. The platform can be deployed on the Client’s infrastructure (bare‑metal or VM) or on Supplier‑managed infrastructure, if agreed.

Minimum requirements. Rocky Linux 9 or CentOS Stream 9, Caddy 2, PHP ≥ 8.2 (required extensions), MySQL 8.x, minimum resources (4 GB RAM, 2 vCPU, 40 GB SSD).

Remote access. Remote access via VPN/SSH/RDP or secure tools may be authorized by the Client. Without remote access, on‑site Advanced Support may be required.

6. Third‑Party Cloud Services

Service Provider Purpose Data processed
Firebase / Firestore Google LLC Real‑time database, technical logs Operational data (check‑ins, event users, logs)
OneSignal OneSignal Inc. Push notifications Technical identifiers (device ID, push tokens)

No sensitive personal data is shared with third parties. Providers apply DPA compliant with GDPR and Swiss nFADP. The Supplier is not liable for outages or changes of such external services; reasonable support will be provided.

7. Support & Maintenance

Basic Support (included): email/phone/client portal; Mon–Fri 08:00–12:00 / 13:30–17:30; response within 24 business hours.

Advanced Support (optional): on‑site interventions during business hours; guaranteed intervention within 8 business hours; fee +20% of annual license.

Urgent Support: interventions on public holidays or outside working hours; billed as per contract rates.

Routine maintenance: bug fixes, technical improvements, security patches.

Customizations: by quote and prior written approval.

8. Software Updates

The Supplier may update the software for security, improvements or compliance. Updates are automatic if the environment is Supplier‑managed, or delivered to the Client for installation otherwise. Critical bugs are fixed at no extra cost.

9. Pricing, Invoicing & Payments

An annual license fee is due (e.g., from CHF 2,400 per site/year). Standard terms: 20–30% upon signature; balance at go‑live/acceptance; net 30 days from invoice date unless agreed otherwise.

Late payment: statutory default interest; the Supplier may suspend services.

10. Term, Renewal & Termination

Initial term: 12 months from activation. Automatic yearly renewal unless the Client terminates in writing with at least 30 days’ notice before expiry.

The Supplier may terminate with 3 months’ notice (month‑end) or immediately for material breach.

Upon termination, the Client shall uninstall the software, revoke access and export its data; amounts already paid are non‑refundable.

11. Personal Data (GDPR + nFADP)

Roles: the Client is the data controller; the Supplier acts as processor/technical operator for authorized activities only.

Data location: on‑premise installations keep data within the Client infrastructure; Supplier‑hosted environments use GDPR/nFADP‑compliant data centers (CH/EU).

Access: allowed only for support/maintenance upon Client authorization; limited and logged.

Backups & security: the Client is responsible for backups in its own environment; the Supplier applies adequate measures where it operates the environment.

12. Liability Limitation

No liability for indirect damages, data loss or downtime; nor for issues caused by Client configuration/infrastructure or lack of remote access. The Supplier’s total direct liability shall not exceed the annual license fee paid by the Client. No liability for force majeure.

13. Hardware & Warranties

Client hardware: installation, configuration, security, updates and maintenance are under Client responsibility.

staysafer hardware: 24‑month warranty against manufacturing defects; misuse and unsuitable conditions are excluded.

No remote access: Advanced Support may be required (extra fees).

14. Force Majeure

Neither party is liable for delays or failures due to events beyond reasonable control, including natural events, pandemics, war, cyber‑attacks, power outages or third‑party provider failures.

15. Use of Client Name & Logo

Unless otherwise stated in writing, the Client authorizes staysafer Sagl to use its name, brand and logo as commercial reference (website, decks, brochures, social media). The authorization is free and revocable.

16. Assignment

The Client may not assign the contract to third parties without Supplier’s written consent. The Supplier may assign to partners/affiliates upon notice to the Client.

17. Changes to the GCS

staysafer Sagl may amend these GCS. Changes take effect upon publication at www.staysafer.ch/gc and, for ongoing contracts, after email notice with 30 days’ lead time.

18. Governing Law & Jurisdiction

Swiss law governs. Exclusive jurisdiction: Locarno (Switzerland).

19. Effective Date

These GCS are effective as of [insert date] and apply to all new contracts, orders and uses of the staysafer platform.