Terms of Service

Effective date: [[EFFECTIVE_DATE]]

1. Parties & acceptance

These Terms of Service (“Terms”) are an agreement between [[COMPANY_LEGAL_NAME]], [[COMPANY_ADDRESS]], Switzerland, UID/CHE [[COMPANY_UID_CHE_NUMBER]] (“we”, “us”, the “Provider”) and the organization or individual that registers for the Service (“Customer”). By creating an account or otherwise using the Service, Customer accepts these Terms on behalf of itself and, where applicable, its organization.

2. The Service

PCworld Atlas is a cloud-based ERP application for Swiss businesses, covering invoicing, quotes, accounting and bookkeeping, VAT reporting, payroll, warehouse and inventory management, and related client/supplier management tools, made available as a hosted subscription service.

3. Accounts & registration

• Customer must provide accurate registration information and keep it up to date.
• Customer is responsible for safeguarding account credentials and for all activity under its account.
• Customer must promptly notify us of any suspected unauthorized use.
• The person registering warrants they have authority to bind the organization they represent.

4. Subscription, billing & payment

Plans and pricing are described on our pricing page. Fees are billed in advance on a recurring basis for the selected plan and renew automatically unless cancelled. Payment is processed by Stripe, our payment subprocessor (see our Privacy Notice). Applicable taxes, including Swiss VAT, are Customer’s responsibility unless stated otherwise. Non-payment may result in suspension of access after notice. We may change pricing for future billing periods with reasonable advance notice.

5. Acceptable use

• No unlawful use of the Service, and no use that infringes a third party’s rights.
• No uploading data Customer does not have the right to process.
• No attempts to reverse-engineer, disrupt, overload, or unauthorizedly scan the Service.
• No reselling or sublicensing the Service without our prior written consent.
• Compliance with applicable Swiss law and relevant export-control/sanctions law.
• Customer is responsible for the accuracy and legality of the data it enters, including business-contact and employee/payroll data it processes as controller through the Service.

6. Data processing & privacy

Our processing of personal data, including data Customer enters about its own customers, suppliers, and employees, is described in our Privacy Notice. Customer remains the controller of personal data it enters into the Service about its own contacts and employees; we process it on Customer’s instructions to deliver the Service. A Data Processing Agreement is available on request at [[DPA_REQUEST_CONTACT]].

7. Availability & no warranty

We aim for high availability on a best-effort basis and will give reasonable notice of scheduled maintenance where practicable. Except as expressly stated, the Service is provided “as is” and “as available”, without warranty of uninterrupted or error-free operation. [[SLA_DETAILS]]

8. Intellectual property

We retain all right, title, and interest in the Service, its software, and our branding. Customer retains all right, title, and interest in the data it submits to the Service (“Customer Data”). We grant Customer a limited, non-exclusive right to use the Service during the subscription term, subject to these Terms.

9. Confidentiality

Each party will protect the other’s non-public information disclosed in connection with the Service with the same care it uses for its own confidential information, and not less than reasonable care.

10. Liability

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under Swiss law, including liability for gross negligence or willful misconduct (Art. 100 CO). Subject to that, liability for indirect, incidental, or consequential damages is excluded, and our aggregate direct-damages liability is capped at [[LIABILITY_CAP_DETAILS]].

11. Term & termination

These Terms apply for the subscription term selected and renew automatically per the selected plan unless cancelled through account settings. Either party may terminate for uncured material breach after written notice and a [[CURE_PERIOD_DAYS]]-day cure period. On termination, Customer Data remains available for export for [[POST_TERMINATION_EXPORT_DAYS]] days, after which it is permanently deleted — except accounting records (invoices, bills, payments, journal entries, payslips), which Swiss law (Art. 958f CO) requires us to retain for 10 years; those are anonymized rather than deleted, consistent with our Privacy Notice.

12. Governing law & jurisdiction

These Terms are governed by the substantive law of Switzerland, excluding its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction is [[JURISDICTION_CITY_CANTON]], Switzerland, subject to any mandatory consumer-protection venue rules.

13. Changes & miscellaneous

We may update these Terms with reasonable notice; continued use of the Service after the effective date of a change constitutes acceptance. If any provision is held unenforceable, the remaining provisions remain in effect. These Terms, together with the Privacy Notice and any order form, constitute the entire agreement between the parties regarding the Service.

14. Contact

Questions about these Terms: [[CONTACT_EMAIL]].