§ 1 · Scope and provider These GTC apply to all contracts for the use of the SaaS platform “KREVARO”. The provider is Viviere AG, Bergerstrasse 30, 9057 Weissbad (AI), Switzerland. Customers are exclusively business customers (B2B). The provider renders its services solely to businesses; conflicting or deviating terms of the customer are not recognised unless the provider expressly agrees to them. Individual contractual arrangements take precedence over these GTC.
§ 2 · Conclusion of contract and onboarding The contract is concluded by individual offer and order or by activation of the customer’s access. The provider intends to additionally offer self-service (independent online registration, configuration and billing by the customer); in that case the contract is concluded upon online registration and activation of access. These GTC apply accordingly to the self-service offering, supplemented by specific self-service tariffs and conditions (see § 6).
§ 3 · Services of the provider The provider makes the KREVARO platform available as SaaS over the internet (creator onboarding, affiliate and content collaborations, wallet and payout functions via licensed third-party providers, reporting). Provision includes individual hosting with storage of up to 5 GB (incl. web storage); additional requirements are agreed and charged separately. For one-off setup or project services the following acceptance rule applies: with productive provision of the platform to the customer (pilot handover, go-live) the setup and project services are accepted.
§ 4 · Further development and updates All general renewals, improvements and new versions of the platform are adopted automatically and without additional development costs for ongoing contracts. Individual developments and exclusive special functions are excluded and require a separate order.
§ 5 · Prices and payment The provider offers two pricing models: enterprise and individual customers pay a one-off setup fee plus individual development of additional functions, together with a monthly usage fee based on the influencer revenue processed via the platform, including hosting and the SaaS offering (storage up to 5 GB incl. web storage); SaaS and self-service customers pay a monthly base fee according to the selected package or feature scope, plus transaction fees. The specific conditions follow from the individual offer or the selected tariff. Billing is monthly in arrears; invoice amounts are due within 14 days. Services to customers in EU or third-country B2B are invoiced under the reverse-charge procedure without VAT, provided the requirements are met.
§ 6 · Price adjustment The provider is entitled to adjust prices and conditions. Adjustments are communicated in text form one month in advance.
§ 7 · Self-service (future offering) The provider intends to extend the offering with a self-service model in which customers register, configure, manage and bill the platform independently. The provider reserves the right to introduce separate tariffs, feature scopes and terms of use for this. Until introduction, the individually agreed conditions apply.
§ 8 · Obligations of the customer The customer uses the platform lawfully, provides the necessary cooperation (including shop access, content, a valid VAT ID) and keeps access data confidential. The customer is responsible for the content it enters and for the collaborations processed via the platform.
§ 9 · Rights of use and intellectual property The customer receives a simple, non-transferable, non-sublicensable right of use for the term of the contract. Source code, concepts, designs and documentation remain with the provider.
§ 10 · Availability and third-party providers No specific availability of the platform is warranted. Service levels (SLA), response or restoration times are not owed. Maintenance and downtime may occur at any time; no claims of the customer arise from this. Any support is provided without legal claim and without assurance of response times. The provider assumes no liability whatsoever for services, outages, malfunctions or fees of third-party providers (e.g. payment service providers, shop systems, social-media platforms).
§ 11 · Data protection Insofar as the provider processes personal data on behalf of the customer, the parties conclude a data processing agreement pursuant to Art. 28 GDPR or the revised Swiss FADP. Data transmissions are encrypted (HTTPS).
§ 12 · Liability The provider is liable without limitation for intent and gross negligence as well as for injury to life, body and health. In the case of slight negligence the provider is liable only for breach of material contractual obligations; liability is limited to the contract-typical, foreseeable damage. It is limited in total to the fees paid in the last 12 months. Liability for indirect damage and lost profit is excluded.
§ 13 · Term and termination The contract is concluded for an indefinite period. There is no minimum term unless the individual contract provides otherwise. Both parties may terminate in text form with three months’ notice to the end of the month. The provider is entitled to discontinue operation of the platform in whole or in part; it announces the discontinuation in text form with six months’ notice and enables a data export beforehand. The right to extraordinary termination for good cause remains unaffected.
§ 14 · Amendments to these GTC The provider may amend these GTC with effect for the future. Amendments are communicated to the customer in text form at least one month before they take effect and are deemed approved if the customer does not object within that period. The customer is informed of the significance of remaining silent in the notification.
§ 15 · Final provisions Swiss law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Place of jurisdiction is the registered seat of the provider (Appenzell, Switzerland). Amendments require text form. Should individual provisions be invalid, the validity of the remainder is unaffected.