1. Scope and Parties

1. 1.1 These general terms and conditions ("Terms") apply to all contracts between EasyLife 365 AG (Schochenmühlestrasse 6, 6340 Baar, Switzerland; "Provider") and customers ("Customer") with regard to the use of the software EasyLife Tipster ("Product"). The Terms, together with any offer and/or order confirmation sent by the Provider to the Customer, as well as all attachments to the respective documents, constitute the Agreement ("Agreement"). Unless otherwise agreed, the Terms also apply to the provision of services (including add-ons) related to the Product ("Services").
2. 1.2 The Terms shall apply as of the Customer's use of the Product or Service, regardless of whether or how the Provider and the Customer have agreed on the provision of the Product or Services to the Customer. The Terms are regarded as accepted upon the Customer's use of the EasyLife Tipster application.
3. 1.3 Unless otherwise indicated or agreed, the Terms shall also apply with regard to any preview, beta, or other pre-release features of the Product or the Services ("Previews"). However, no warranty, support, or service level is promised with regard to Previews, and the Customer uses Previews at their own risk.
4. 1.4 The Terms shall also apply in the event that, prior to the conclusion of the Agreement, an intermediation by a distributor took place and/or the Customer and the distributor conclude a contract for the provision of services related to the Product. In case of conflict between the Agreement and the contract between distributor and Customer, the Agreement shall prevail.
5. 1.5 Any terms and conditions of the Customer shall apply only if expressly agreed to by the Provider. The Customer is also obligated to comply with any applicable terms and conditions of third-party providers, such as Microsoft's terms and conditions for the use of its products and services.
6. 1.6 The Customer is obligated to impose the Terms on any (internal or external) user authorized by the Customer to use the Product. The Customer is responsible for all user activities related to the Product that are carried out by any person from the Customer's network, account, or tenant ("User").

2. Product and Services of the Provider

1. 2.1 The Provider agrees to provide the Customer with the EasyLife Tipster Product and to provide the Services in accordance with these Terms, any offer, and/or order confirmation. The Product is provided free of charge for a limited period of time specified in the offer and/or order confirmation.
2. 2.2 Key components of the EasyLife Tipster Product consist of web-based applications accessible via a web browser. The hosting of data necessary for the governance and provisioning of the application is provided by the Provider.
3. 2.3 The Provider may suspend the use of the Product if there are security concerns or other operational issues that compromise the integrity of the system.

3. Termination

1. 3.1 The EasyLife Tipster service may be terminated by either party at any time without cause. In the event of termination, the Customer's access to the service will be disabled.
2. 3.2 Post-termination, the Provider is not obliged to provide any additional services beyond what is explicitly agreed upon in the Agreement.

4. Intellectual Property

4.1 All intellectual property rights relating to the Product, Services, and any materials provided by the Provider (including documentation) shall remain with the Provider or its licensors.

5. Data Protection

1. 5.1 In the course of the provision of the Product and the Services, the Provider processes a limited set of data and ensures that personal data of the users of the Product are processed in compliance with the applicable regulations, in particular the Swiss Data Protection Act an den EU General Data Protection Regulation (GDPR).
2. 5.2 Details can be found in the privacy policy and the DataProcessingAgreement.

6. Confidentiality

6.1 Both parties agree to keep confidential any information received from the other party that is marked as confidential or would be considered confidential by a reasonable person given the nature of the information and the circumstances surrounding its disclosure.

7. Limitation of Liability

7.1 The Provider shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of or related to the Agreement, even if the Provider has been advised of the possibility of such damages.

8. Governing Law and Dispute Resolution

8.1 The Agreement shall be governed by and construed in accordance with the laws of Switzerland, excluding its conflict of law rules.

9. Amendments and Waivers

9.1 The Provider reserves the right to amend these Terms at any time by providing notice to the Customer. The Customer's continued use of the Product or Services after such notice constitutes acceptance of the amended Terms.

10. Entire Agreement

10.1 The Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral, relating to such subject matter.

11. Severability

11.1 If any provision of the Agreement is held to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.

12. Annexes

Integral parts of these Terms are the following Annexes:

1. DataProcessingAgreement