1. Scope

These Terms apply to all offers, contracts and deliveries of OPINSTAR. Deviating terms of the customer are only recognised if OPINSTAR expressly agrees to them in writing.

2. Conclusion of contract

A contract is concluded upon written confirmation of an order by OPINSTAR or upon performance of the service. Offers are non-binding unless expressly designated as binding.

3. Services

The scope of services results from the respective offer, order confirmation or signed contract. OPINSTAR is entitled to have services performed by carefully selected third parties.

4. Prices and payment terms

All prices are in Swiss francs (CHF) plus statutory value added tax. Invoices are payable net within 14 days without deduction. In the event of default, OPINSTAR is entitled to charge default interest at the statutory rate as well as reminder fees.

5. Term and termination

Subscriptions are concluded for the term agreed in the contract and renew automatically unless terminated in writing at least 30 days before expiry. The right to extraordinary termination for good cause remains reserved.

6. Hardware, delivery and retention of title

Delivery dates are non-binding unless expressly agreed as binding. Risk passes upon handover to the customer. Delivered hardware remains the property of OPINSTAR until full payment is received.

7. Warranty

OPINSTAR warrants that services are provided with industry-standard care. OPINSTAR provides a 24-month warranty on delivered hardware from the date of handover. Obvious defects must be reported in writing within 10 days, hidden defects immediately upon discovery.

8. Liability

OPINSTAR is only liable for damages caused by intent or gross negligence. Liability for slight negligence, consequential damages, lost profits and indirect damages is excluded to the extent permitted by law. Maximum liability is limited to the fees paid by the customer in the current contract year.

9. Data protection

Personal data is processed in accordance with OPINSTAR's privacy policy and the provisions of the Swiss FADP and the EU GDPR.

10. Intellectual property

All rights in the software, platform, hardware designs and content remain with OPINSTAR or the respective rights holders. The customer is granted a non-exclusive, non-transferable right of use for the term of the contract.

11. Force majeure

Events of force majeure that significantly hinder or render impossible OPINSTAR's performance release OPINSTAR from its performance obligation for the duration of the disruption.

12. Final provisions

Swiss law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Exclusive place of jurisdiction is Zurich. Should individual provisions of these Terms be invalid, the validity of the remaining provisions shall remain unaffected.