These General Terms and Conditions (GTC) apply to all business relationships between you and LexTec GmbH (hereinafter: "we" or "us"), in particular to the use of our platforms, our tools and the Legal AI (hereinafter: "Platform" or "Services"). These General Terms and Conditions also apply as terms of use for the aforementioned systems.
We reserve the right to amend these GTC at any time; the GTC valid at the respective time the legal relationship is established shall apply. Individual agreements that we conclude with you take precedence. Your own GTC as well as deviating or conflicting GTC shall not apply in the relationship between you and us and are hereby expressly excluded.
Please read these GTC as well as the following provisions carefully before you use our services, use our platforms, book a subscription or conclude an agreement with us. By making use of our services, using our platforms, concluding a subscription, or signing a contract, you agree to the provisions of these GTC as well as our privacy policy. You further expressly confirm that you are of legal age and authorized to conclude legally binding contracts for yourself or for third parties (e.g. your employer or the recipient of the services).
A legal relationship between you and us arises when you create a user profile on our website or one of our platforms. The legal relationship comes into existence upon the submission of the completed registration documents or the registration form and the receipt of the data by us.
The basic functions of our platforms and/or services are generally subject to a fee and can be booked via a subscription system. In this case, the provisions of the subscription you have chosen apply in addition to these GTC. We begin providing the "subscribed" services only after receipt of the agreed remuneration, unless expressly agreed otherwise.
Access to our platform as well as the use of our services requires a user profile or a user account. In your user account (under the corresponding section on the platform) you can view and change your current subscription, booked services and your address data.
When registering your user account, you are obligated to provide your personal data truthfully and completely. You further undertake to treat your personal access data confidentially and not to grant unauthorized third parties any access. In addition, it is incumbent upon you to take appropriate measures against unauthorized access and misuse of the platform.
We strongly recommend that you change your password regularly. In doing so, ensure that you do not use easily guessable combinations (e.g. your date of birth, names of children or other family members). Should you suspect that unauthorized third parties have gained access to your user account, please inform us immediately.
Technical access to the platform takes place via your end device. It is your responsibility to ensure that your device as well as the software installed on it are and remain compatible with our platform. We reserve the right to adjust the technical requirements for devices and software at any time – for example as a result of technical further developments of our platform or of general technical progress.
Subject to compliance with these GTC, we grant you a time-limited, non-exclusive, non-transferable and – depending on the subscription you have chosen – fee-based right of use to our platform and/or to our services.
You are deemed an authorized user of the platform and are entitled to make use of our services, provided that your data are contained in the user profile. Only a single user profile is permitted per person. Should we determine that you have several accesses, we reserve the right to delete additional profiles without prior notice. Furthermore, we are entitled, at our own discretion, to arrange for the complete deletion of all user profiles and to deny your access to the platform as well as to the services.
You are prohibited from renting out, transferring or otherwise making your user profile accessible to third parties in whole or in part. Use of the platform by persons not authorized by us is likewise impermissible. Equally prohibited is the copying, translation or any other act that enables a complete or partial reproduction or reverse engineering of the platform.
In the event of suspicion of a breach of these GTC, we are entitled – but not obligated – to deactivate or block your use of our services or to delete your user account. You can also request the deletion of the user account yourself.
We always endeavor to avoid interruptions in the use of our platform and our services as well as to remedy disruptions as quickly as possible. However, you acknowledge that malfunctions cannot be completely ruled out despite all care and that we do not guarantee uninterrupted functionality of the platform.
Our technical support is available to you for the remediation of errors or disruptions of the platform. In order to ensure efficient processing of your request, you are obligated to provide support with complete and precise information about the error or disruption that has occurred. Support requests can be submitted exclusively by email to info@lextec.ch.
You bear sole responsibility for the content of your data, documents, records and other information that are processed or published in connection with the use of our services.
You indemnify us against all third-party claims that are based on an unlawful use of our services or website or that arise from copyright, data protection or other legal disputes. When making use of our services, you are obligated to comply with the respectively applicable laws and may not infringe the rights of third parties, in particular intellectual property and personality rights.
You may use the platform and our services exclusively in a lawful manner and in accordance with the laws of Switzerland as well as the laws of your place of residence and in compliance with the provisions of these GTC. Any other, in particular abusive, use is prohibited. This includes (non-exhaustively):
We reserve the right to take appropriate measures in the event of violations of these GTC (non-exhaustively):
Any attempt to circumvent the above-mentioned restrictions is deemed a violation and is sanctioned accordingly and/or prosecuted. You are also obligated to indemnify us against all claims that arise from an abusive or impermissible use of the platform.
The use of our platform as well as making use of our service serves exclusively for your support and general informational purposes. It constitutes neither legally binding advice, nor can it replace personal advice from a qualified attorney. You are obligated to always have the generated content reviewed independently or by a qualified attorney. Legal decisions may not be made solely on the basis of the content generated on our platform.
We assume no guarantee for the accuracy, completeness or timeliness of the generated content. This may vary, be inaccurate, incomplete or simply wrong. The review of the generated content for its accuracy, completeness and precision is incumbent exclusively upon you. Likewise, you bear sole responsibility for the content that you enter on the platform, as well as for the information provided by you.
Maintenance work, technical disruptions or other unforeseeable events may temporarily restrict or completely prevent access to the platform. Liability for such outages is excluded.
Our liability is limited to damages that are demonstrably caused by intentional or grossly negligent conduct on our part. Liability for slight or medium negligence is expressly excluded.
Likewise excluded is liability for indirect damages and consequential damages – regardless of whether these result from contract, tort or another legal basis. Indirect damages are deemed to be in particular lost profit, financial losses as well as reputational damages that arise in connection with the use of our platform or making use of our services.
We are furthermore not liable for damages that are attributable to the conduct of third parties, to omitted or delayed performance by third parties, or to errors, defects or disruptions in technical installations or data processing systems.
We employ appropriate technical and organizational security measures in order to protect your data. Nevertheless, complete protection against unauthorized access by third parties (e.g. through hacker attacks) cannot be guaranteed. Liability for such incidents is excluded to the extent legally permissible.
In the case of events that lie outside our sphere of influence and our control (so-called force majeure), we assume no liability or responsibility for the non-performance, defective performance or delayed performance of our obligations. Such events include, for example (non-exhaustively): strikes, protest actions, lockouts or other industrial actions of third parties, organized crime, invasions, terrorist attacks, war, fire, explosions, storms, floods, earthquakes, epidemics, pandemics, other natural disasters or failures of public or private communication networks as well as the unusability of rail, shipping, air or motor vehicle routes or other means of transport.
The type and amount of the remuneration are generally governed by the subscription you have chosen and the corresponding modalities. Our services are provided only after receipt of the agreed payment, unless expressly agreed otherwise.
You authorize – with the choice of the means of payment – payment either by entering the credit card data or access data of a payment service provider; the processing takes place via "stripe". When using / paying via "stripe", you agree to the terms of use and general terms and conditions of "stripe".
You authorize us to collect or draw payments to the corresponding extent. Should chargebacks occur, we are entitled to reimbursement of the associated costs and bank processing fees. We are in no case liable for any fees and/or other amounts that your card issuer or your bank charges you as a result of the payment processing of your order.
We reserve the right, should you pay with a credit card or an alternative payment method, to check the validity of the corresponding card, to verify the availability parameters and the address data, and to request authorization from the card issuer or payment provider. Furthermore, you confirm that the credit card is valid and that the payment data entered are correct. In the event of rejection of the payment, we reserve in any case the right to cancel the subscription and to deny access.
Insofar as we offer you payment by invoice or advance payment, you will receive the invoice and the payment slip by email. Payment must be made using the payment slip and within the stated deadline. If payment is not made on time, we are entitled to block access. If, in the case of booking by invoice, payment is not made on time, we are furthermore entitled to additionally charge our expenses with reminder fees in the amount of CHF 25.00 per reminder. In addition, we charge further costs associated with the collection as well as the statutory default interest. Should the initiation of debt enforcement proceedings become necessary, we will levy an additional processing fee of at least CHF 200.–.
The legal relationship is, unless expressly agreed otherwise, concluded for an indefinite period. In the case of subscriptions, a fixed term applies in accordance with the chosen subscription and the associated modalities. The subscription is tacitly extended after expiry of the minimum term by a further term, unless it is terminated at the latest 1 month before expiry.
In the case of an early termination of the contract by you, the remuneration for the entire fixed term remains fully owed.
We are entitled to terminate a subscription without notice if good cause exists. Such good cause exists if a circumstance occurs that, in good faith, makes it unreasonable for us to adhere to the contract. This includes, in addition to breaches of these GTC, in particular the opening of bankruptcy, composition or similar proceedings against you.
We reserve the right, with the exception of ongoing subscriptions, to terminate, restrict, block, delete or deactivate access to our platforms and services at any time and without giving reasons. No claims whatsoever against us arise for you from such a termination, restriction, blocking, deletion or deactivation.
We collect and process personal data exclusively within the framework of the statutory provisions, in particular in compliance with the applicable data protection laws. Further information on the processing of personal data, your rights and related questions can be found in our privacy policy, which is an integral part of these GTC.
We guarantee that your customer data are treated confidentially by us and are not passed on to third parties by us.
We are entitled to use, without restriction, records and information that you enter / use on our platform for the purpose of the further development of our platform. Uses of your records, documents and information going beyond the further development of the platform and our offering do not exist. We may continue to use this collected data even after the termination of our legal relationship.
You can request that we delete your user profile with us; your personal data generally remain with us. However, you have the right to request that the personal data concerning you also be deleted. However, there are cases in which we are legally obligated to store data for a longer period. This concerns in particular provisions of the Swiss or European legislator in areas such as contract and tax law as well as commercial accounting.
The platform and our services remain in our exclusive ownership. No transfer of intellectual property rights to you takes place. The copyright or other industrial property rights remain with us. We retain all rights to further developments, translations, changes as well as to updates and upgrades of the platform, their copies as well as to the decompilation of the platform and its copy.
You grant us, to the extent legally permissible, a non-exclusive, unrestricted, transferable, unlimited, worldwide and royalty-free license for any trademark-, design-, patent- or copyright-protected data, materials or other records and information that you upload to our platform. The license thereby encompasses the right to use, reproduce, disclose as well as create derivative works for the adaptation and/or further development of the platform, translations and backup of this data, materials or other records and information. The license granted to us by you expressly includes the right to grant a corresponding right of use to third parties or to grant sublicenses.
Should one of the provisions of these GTC be or become unlawful, invalid or unenforceable, this does not affect the validity of the remaining provisions. Unless otherwise agreed, the ineffective provision is deemed to be replaced by an effective provision that takes account as far as possible of the economic purpose of the provision and the will of the parties at the time of the conclusion of the contract. The same applies to any gaps in these GTC.
For these GTC, the contractual relationships based on them as well as all disputes resulting therefrom, exclusively substantive Swiss law applies, to the exclusion of the conflict-of-laws rules.
The place of jurisdiction for all disputes that arise out of or in connection with these GTC is our registered office, unless mandatory statutory provisions prescribe otherwise.