General Terms and Conditions

These General Terms and Conditions (hereinafter referred to as the Terms and Conditions) apply between the electronically registered Customer and LIMMOBI AG (hereinafter referred to as LIMMOBI), unless otherwise required by law in an individual case or agreed in writing by the parties. By using the services provided by LIMMOBI AG, Customers and users accept these Terms and Conditions without reservation.

These Terms and Conditions, together with any additional contractual documents, constitute the entire agreement (hereinafter referred to as the Agreement) between the Customer and LIMMOBI AG.

The subject matter of the Agreement comprises the services provided by LIMMOBI to the Customer by means of "Software as a Service (SaaS)", as well as any additional services provided under a mandate. The subject matter consists of the individual services agreed and not the achievement of any particular economic or other outcomes.

The Customer is granted a non-exclusive and non-transferable right to use the services offered for its own purposes, limited to the term of the Agreement.

All intellectual property rights, in particular the licence rights in the software solution provided by LIMMOBI and in the work products created, remain exclusively with LIMMOBI. The Customer is not entitled to publish, copy, modify, sell or rent any part of the software.

Unless otherwise agreed in writing, the parties may refer to the current or former contractual relationship in advertising or as a reference. In this context, each party may also use the other party’s protected names and images, such as its company name, product names and company logo.

LIMMOBI generally provides its services under a mandate. Unless otherwise stipulated, the services shall be charged on a time-and-materials basis.

In addition to its fees, LIMMOBI is entitled to reimbursement of expenses. Travel time shall be remunerated as working time at the applicable fee rate.

The Customer must not use the services provided by LIMMOBI in an abusive, unlawful or improper manner. If LIMMOBI suspects a breach of this provision, it may temporarily or permanently block access. Improper use includes, in particular, any use that places an exceptionally high load on LIMMOBI’s IT infrastructure, such as high-frequency queries via the electronic interface or the transmission and storage of an exceptionally large number of files or exceptionally large files. Improper use also includes, among other things, executing automated queries or actions in the user interface by means of automation tools.

The Customer undertakes not to transmit or enter any data in LIMMOBI where its provision, possession, publication or use would infringe applicable law or agreements with third parties.

User accounts are personal and non-transferable. The Customer is required to create a separate account for each user.

The Customer is responsible for maintaining its accounts and managing its finances, including payment transactions, as well as for fulfilling its obligations towards third parties, particularly in connection with property management agreements or tenancy agreements.

The Customer, or a third party appointed by the Customer, is the person responsible for financial reporting pursuant to Article 958(3) of the Swiss Code of Obligations. Neither LIMMOBI nor any LIMMOBI employee assumes this role.

The Customer is required to keep security credentials, such as passwords, confidential and to handle them with due care. The Customer is responsible for all activities conducted through its user account.

Where an electronic interface to LIMMOBI is used, the Customer is responsible for any defective implementation on its part, for example the erroneous or duplicate transmission of payment orders.

Payment orders generated in LIMMOBI on behalf of the Customer and transmitted electronically must always be approved by the Customer in the financial institution’s system. The Customer is responsible for conducting a thorough review before granting such approval. LIMMOBI shall not be liable for erroneous or unauthorised payment orders transmitted. This applies regardless of whether the harmful payment order was caused in LIMMOBI by a user, a LIMMOBI employee, a system error, an unauthorised third party or otherwise.

The Customer may grant the corresponding authorisations for the use of electronic interfaces. If the Agreement is terminated or an authorisation is withdrawn, the Customer is responsible for arranging for the authorisation to be revoked by the interface partner. This includes authorisations for bank accounts via SIX bLink, which the Customer must revoke through the bank.

Unless otherwise agreed, LIMMOBI shall be liable for losses only to the extent required by law. In particular, LIMMOBI shall not be liable for consequential losses, including loss of profits, revenue or business, losses incurred, erroneous payments or unrealised savings. This also applies where the consequential losses are a direct consequence of the event causing the loss, where they were foreseeable or where LIMMOBI was informed of the possibility of their occurrence.

No warranty is provided.

The limitations of liability and warranty also apply to LIMMOBI’s subcontractors.

Liability under clause 5.8 is excluded.

The Customer and LIMMOBI undertake to maintain confidentiality towards third parties regarding all confidential information of which they become aware in connection with the Agreement. This does not apply to the disclosure of confidential information to third parties that assist in providing the services and are themselves subject to corresponding confidentiality obligations.

The confidentiality obligations shall survive the termination of the Agreement.

LIMMOBI is entitled to provide the services with the assistance of any third parties.

LIMMOBI may contact the Customer through any channel in order to communicate information relating to this Agreement and the services.

LIMMOBI may add, modify or remove software functionality at any time.

If there is no user activity, LIMMOBI may charge an inactivity fee in addition to the applicable usage fees.

LIMMOBI is entitled to process electronically, in Switzerland or abroad and with or without the assistance of third parties, information received in connection with the services.

For the purposes of using the data access provided to property managers for the Federal Register of Buildings and Dwellings (GWR) operated by the Federal Statistical Office, this Agreement constitutes a property management mandate limited to the exchange of data with the GWR. LIMMOBI uses its own access key for this purpose. The Customer is not entitled to use the LIMMOBI service to retrieve or submit information relating to properties for which the Customer does not hold a management mandate or which are not in his possession.

Dates stated are target dates.

Unless otherwise stated, prices are exclusive of taxes. Cost estimates are based on estimates. The final calculation of fees shall be based on the work and expenses actually incurred rather than on the cost estimates.

Fee invoices must be paid within 14 days into the account specified by LIMMOBI. LIMMOBI may, but is not required to, offer alternative payment methods or payment channels.

If payment is overdue, LIMMOBI may suspend the services and charge reminder fees of CHF 20 per reminder. Default interest of 5% shall also be payable from the due date.

The parties shall not be responsible for any failure to perform obligations arising from circumstances beyond their control. This does not apply to the Customer’s obligation to pay for services already provided.

If the Customer terminates the Agreement, usage fees for billing periods that have already commenced shall remain payable.

Unless otherwise agreed, the date of electronic registration shall be the commencement date, and the Agreement shall end once both parties have fully performed their contractual obligations.

In the event of a breach of the Agreement, LIMMOBI may suspend the services in addition to taking any other measures.

If any provision of this Agreement is invalid, that provision shall be severed, while the remaining provisions shall remain valid.

LIMMOBI may amend these Terms and Conditions at any time. The Customer is entitled to terminate the Agreement with effect from the date on which any amendment to the Terms and Conditions takes effect.

The Agreement is governed by Swiss law.

The courts at LIMMOBI’s registered office shall have jurisdiction.