Terms and conditions

1. Scope

These terms apply to all contracts for the use of the software-as-a-service solution Sympha and related services such as setup and support. The customer’s deviating terms only apply if we agree to them in writing. Sympha is intended exclusively for businesses, not for consumers.

2. Conclusion of contract

The contract is concluded when the customer accepts our offer or when we confirm an order in writing. The scope of services, prices and term are set out in the offer. In the event of any conflict, the offer takes precedence over these terms.

3. Services

• providing Sympha as a digital front desk for the agreed channels (e.g. phone, WhatsApp, website chat, email)
• setup and connection to calendar, channels and website as set out in the offer
• maintenance and further development of the software
• support during the agreed hours

We may develop Sympha further and adapt its features, provided the agreed core functions are maintained.

4. Artificial intelligence

Sympha generates replies using artificial intelligence based on the information provided by the customer. Despite all care, automatically generated replies may be incomplete or incorrect. The customer ensures that its information (e.g. opening hours, prices, services) is correct and up to date, and decides in which cases Sympha hands over to its team. Sympha does not provide medical, legal or financial advice.

5. Customer obligations

• comply with the terms of use of the connected channels and platforms (e.g. Meta, Google, TikTok)
• inform its own customers about the use of Sympha in its privacy policy and obtain consent where required (for example for call recordings)
• keep access credentials confidential and report any misuse without delay
• not use Sympha for unlawful purposes, unsolicited advertising or misleading content

6. Prices and payment

The prices in the offer apply, in Swiss francs plus statutory VAT. Recurring fees are invoiced in advance for the agreed period and are payable within 30 days. In the event of late payment, we may temporarily suspend access after an unsuccessful reminder.

7. Term and termination

The minimum term is set out in the offer. The contract then renews for the same period each time unless terminated in writing with one month’s notice to the end of the term. The right to terminate without notice for good cause is reserved.

After the contract ends, the customer can export its data for 30 days. We then delete it unless a statutory retention obligation applies.

8. Availability

We ensure high availability of Sympha. Where possible, we announce maintenance in advance. We are not responsible for disruptions at third-party providers (e.g. telephony, messaging or calendar services).

9. Data protection and processing on behalf

Insofar as we process personal data of the customer’s own customers, we act as a processor on the customer’s instructions. The details are set out in a data processing agreement that forms part of the contract. Our privacy policy applies to our own processing of personal data.

10. Intellectual property

All rights to Sympha, the software and the documentation remain with us. For the duration of the contract, the customer receives a non-exclusive, non-transferable right of use. The customer’s content and data remain its own.

11. Liability

We are liable for damage caused intentionally or through gross negligence. For slight negligence, our liability is limited, to the extent permitted by law, to the fees paid by the customer in the last twelve months. Liability for indirect and consequential damage and loss of profit is excluded to the extent permitted by law.

12. Confidentiality

Both parties treat the other party’s confidential information as confidential, including after the contract ends.

13. Changes to these terms

We may amend these terms and will notify the customer of changes at least 30 days before they take effect. If the customer does not object within this period, the changes are deemed accepted. If the customer objects, it may terminate the contract as of the date the change takes effect.

14. Governing law and jurisdiction

These terms are governed exclusively by Swiss law, excluding the United Nations Convention on Contracts for the International Sale of Goods (Vienna Convention). The exclusive place of jurisdiction is place of jurisdiction.