General Terms and Conditions (GTC)

These General Terms and Conditions ("GTC") apply to all contracts between Rhaetix AG, Obere Briggasse 175, 3902 Glis, Switzerland ("Rhaetix") and its customers regarding the use of the Rhaetix Workspace, both as a managed hosting solution (Software as a Service) and as a self-hosted licence, as well as related services (deployment, support, maintenance).

Rhaetix provides services exclusively to businesses (B2B) and not to consumers.

Deviating, conflicting, or supplementary terms and conditions of the customer do not become part of the contract unless Rhaetix expressly agrees to their validity in writing.

Individually agreed terms (quote, contract, service description, SLA) take precedence over these GTC.

Managed Hosting: Rhaetix provides the customer with the Rhaetix Workspace (chat, mail, documents, spreadsheets, presentations, drive, calendar, video meetings) as a managed software solution hosted on servers in Switzerland for use via the internet. The exact scope of services (modules, number of users, storage space, support level) is defined in the respective quote or contract.

Availability (Managed Hosting): Rhaetix guarantees an availability of 99.5 % as an annual average. Where possible, maintenance windows are announced to the customer 48 hours in advance. Details are governed, where agreed, by a separate Service Level Agreement (SLA).

Self-Hosted: Rhaetix provides the software to the customer for installation and operation on the customer's own infrastructure. Deployment, update, and support services are owed only to the extent expressly agreed in the individual contract. Operation, security hardening, and backup of the infrastructure are the responsibility of the customer.

Further Development: Rhaetix continuously develops the software and may adapt, expand, or discontinue features, provided this does not materially impair the agreed core functions for the customer and the change is reasonable for the customer.

Quotes from Rhaetix are non-binding unless expressly designated as binding.

A contract is concluded upon signing a contract document, upon written order confirmation by Rhaetix, or upon initial provision of services.

Managed Hosting: For the duration of the contract, the customer receives the non-exclusive, non-transferable, and non-sublicensable right to use the Rhaetix Workspace for internal business purposes within the agreed scope.

Self-Hosted: The customer receives the non-exclusive, non-transferable right to use the software on its own infrastructure within the agreed scope (e.g. number of users/instances). Passing the software on to third parties and reverse engineering are prohibited to the extent permitted by law.

All intellectual property rights (copyrights, trademarks, patent rights) in the software, the documentation, and the "Rhaetix" brand remain with Rhaetix AG. Rhaetix acquires no rights whatsoever to the customer's data and content.

The customer shall use the services only in compliance with applicable laws and ensure that no unlawful content is stored, distributed, or sent via its Workspace.

The customer shall protect access credentials and keys against unauthorised access and is responsible for the actions of its users. The customer must also provide its own OIDC-capable authentication provider for the use of Rhaetix.

Special Feature of End-to-End Encryption: Chat messages and shared files are encrypted on users' end devices; the keys remain with the customer. Rhaetix has no access to this content and, in particular, cannot recover it. The loss of keys or recovery codes may result in the irretrievable loss of data. The secure safekeeping of keys is the sole responsibility of the customer.

In self-hosted operation, the customer is additionally responsible for regular backups, security updates of its infrastructure, and the timely installation of updates provided by Rhaetix.

The customer shall refrain from any misuse, in particular any attempt to bypass security mechanisms, disrupt the software, or gain unauthorised access to third-party data.

The prices agreed in the quote or contract apply, plus any applicable statutory value-added tax (VAT).

Managed hosting subscriptions are invoiced annually or monthly in advance, as agreed. Self-hosted licences are invoiced in accordance with the individual agreement.

Invoices are payable within 30 days without deduction. Following the unsuccessful expiry of a grace period, Rhaetix is entitled to suspend service provision until payment is made in full.

Price adjustments for subscriptions are permissible and will be announced to the customer at least 90 days before taking effect, but no earlier than 12 months after the start of the contract. In this case, the customer has an extraordinary right of termination effective as of the date the adjustment takes effect.

Contract Term: The contract has a minimum term of 12 months and automatically renews for successive 12-month periods unless terminated with 3 months' notice to the end of the respective term.

The right to extraordinary termination for good cause remains reserved to both parties.

End of Contract (Managed Hosting): After the end of the contract, the customer is given the opportunity to back up its exportable data within 30 days. Thereafter, Rhaetix deletes the Workspace instance including all data. The customer acknowledges that encrypted content can only be read using the customer's keys; Rhaetix cannot decrypt or recover any content.

Rhaetix warrants that the software substantially fulfils the agreed functionality. Defects will be remedied within a reasonable period by rectification (update, patch, or workaround).

To the extent permitted by law, Rhaetix excludes any further warranty (cf. Art. 199 Swiss Code of Obligations, OR), in particular for uninterrupted and error-free availability as well as for defects attributable to environments modified by the customer, omitted updates, or improper operation.

For services provided free of charge (e.g. demo environments, trial versions), any warranty is excluded.

Rhaetix is liable without limitation for unlawful intent and gross negligence as well as for damages resulting from injury to life, body, or health.

For slight negligence, Rhaetix is liable only in the event of a breach of essential contractual obligations (cardinal duties) and limited to the foreseeable damage typical for this type of contract.

Liability is capped in amount at the remuneration paid by the customer in the 12 months preceding the damaging event, to the extent permitted by law.

Liability for indirect damages, consequential damages, lost profits, and loss of data is excluded to the extent permitted by law. Section 5.3 (responsibility for keys) remains reserved.

The limitations of liability also apply in favour of Rhaetix's auxiliary persons (Art. 101 OR).

In managed hosting, Rhaetix processes personal data on behalf of the customer. For this purpose, the parties conclude a data processing agreement (DPA) in accordance with Art. 28 GDPR and Art. 9 Swiss FADP (DSG).

The processing of personal data in connection with the website and the contractual relationship is governed by the Rhaetix Privacy Policy.

The customer is responsible for ensuring that the use of the Workspace by its users complies with data protection law (in particular informing its own employees).

Both parties undertake to treat all non-public information of the other party that becomes known to them in the course of their cooperation as confidential and to use it solely for performing the contract. This obligation applies indefinitely beyond the end of the contract.

Furthermore, for Rhaetix: Encrypted customer content is technically inaccessible to Rhaetix (cf. Section 5.3).

Amendments to these GTC will be notified to the customer in text form at least 30 days before they take effect. If the customer does not object within these 30 days, the amended GTC are deemed accepted; Rhaetix will point out this consequence in the notification. In the event of an objection, Rhaetix has an extraordinary right of termination.

Swiss law applies exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) and conflict-of-law rules.

The place of jurisdiction is the registered office of Rhaetix AG (Brig/Glis, Canton of Valais, Switzerland). Rhaetix is also entitled to bring legal action against the customer at the customer's registered office.

Should individual provisions of these GTC be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision that comes closest to its economic purpose.