Geschäftsbedingungen
Onlineshop: General Terms and Conditions of evismo AG
dated [28.05.2025]
1. GENERAL INFORMATION
1.1 These General Terms and Conditions ("GTC") govern all legal relationships for purchase contracts concluded between evismo AG ("Provider") and its customers ("Customers") in the online store. Any provisions of the Customer that conflict with these GTC are hereby expressly excluded.
1.2 In the event of inconsistencies or contradictions between the different language versions of the GTC, the German version shall take precedence. The German version is authoritative for the interpretation and application of the conditions in the GTC.
2. CONTRACTUAL PARTNER
2.1 If a contract is concluded, the contract is concluded with: evismo AG, Schweighofstrasse 409, 8055 Zurich, Switzerland, registered in the Commercial Register of the Canton of Zurich under the number CHE-225.448.665.
2.2 The Provider can be contacted at the telephone number [+41 44 521 51 10] from [Monday to Friday from 08.30 – 12.00 and 13.30 – 17.00] or by e-mail info@evismo.com. Orders, inquiries, complaints and other declarations of intent should be sent to this address.
3. OFFER AND DELIVERY
3.1 The offer can be viewed on the website <evismo.com/shop> and is non-binding. Product information is mainly for illustrative purposes and is non-binding. Prices, product ranges and technical specifications are subject to change without notice. The offers are only valid while they are visible on the website and while stocks last.
3.2 Orders and deliveries are only possible within Switzerland.
3.3 In the online store, the Customer submits a legally binding offer to conclude a contract by sending his order and at the same time accepting these GTC. The contract is concluded at the point in time at which the Customer receives an order confirmation from the Provider by e-mail. The delivery method and delivery costs are shown in the online store.
3.4 Information on availability and delivery times is not binding. If an item is not in stock, the Customer will be informed as soon as possible when delivery can be expected. The Provider is not liable for delays in delivery caused by manufacturers or third parties. All information on delivery times is therefore without guarantee and may change at any time. Delivery is at the risk and expense of the Customer.
4. PRICES AND PAYMENT
4.1 Prices are quoted in Swiss francs (CHF). The published prices and conditions are subject to change, whereby the effective date is the date of the order by the Customer.
4.2 Payment for ordered goods is made on account. In the case of online payments, the value of the goods is debited on the day the order is received. The Provider reserves the right to exclude Customers from individual payment options without giving reasons. Invoices are payable within 30 days of receipt. The Provider reserves the right to charge reminder fees of at least CHF 30 and further collection fees after the second reminder. Assignment to a debt collection agency remains reserved.
4.3 The delivered goods remain the property of the Provider until full payment has been made. The Provider is entitled to make a corresponding entry in the retention of title register. If the Customer defaults on payment of the purchase price, the supplier shall be entitled, among other things, to withdraw from the contract and repossess the goods.
5. ORDER PROCESS
5.1 The order is placed in the following steps:
a) Selection of the desired goods;
b) Confirmation by clicking on the "Add to shopping cart" field or by clicking on the shopping cart icon on the corresponding product;
c) Check the details in the shopping cart;
d) Entering the Customer's data;
e) Confirm the order by clicking on the "Checkout" field;
f) Re-check or correct the respective data entered;
g) Binding transmission of the order, payment and acceptance of the GTC by clicking on the "Order now!" field.
5.2 Confirmed orders can no longer be canceled or changed by the Customer.
6. PROPERTY RIGHTS
6.1 All products and their components are protected by patent, copyright, trademark or other intellectual property rights. The Customer acknowledges that all intellectual property rights to the products belong exclusively to the provider or its contractual partners. No intellectual property rights are transferred to the Customer. All texts, images, graphics, video and animation files in the online store are subject to copyright and other laws for the protection of intellectual property. They may not be copied, modified or used on other websites without the consent of the Provider.
7. WARRANTY AND LIABILITY
7.1 Complaints due to defects or due to incomplete or incorrect delivery must be notified to the Provider in writing immediately, at the latest 7 working days from the date of delivery. Hidden defects must be reported to the Provider in writing immediately, but no later than 7 working days after discovery. If the Customer fails to notify the Provider in good time, his claims shall lapse. After returning the rejected goods, the Customer shall receive a replacement delivery in the event of a defect. If no replacement delivery is possible, the Provider shall refund the payment made. In addition, any claim for reduction, rescission or compensation for consequential damages is excluded to the extent permitted by law.
7.2 The Customer forfeits any warranty rights in the event of improper use of the goods. Defects resulting from normal wear and tear or as a result of improper handling or damage by the Customer or third parties, as well as defects attributable to external circumstances (improper storage, frost, heat, moisture, incorrect storage, etc.), do not entitle the Customer to withdraw from the contract or replace the goods. The Provider accepts no liability for this. Goods are returned at the Customer's expense and risk. The products must be properly packed in the original packaging and sent by registered mail. If the Provider cannot identify any defects that are covered by the warranty or fall under the manufacturer's guarantee, the Provider may charge the Customer for the costs of inspecting and shipping the goods.
7.3 Other claims by the Customer - irrespective of the legal grounds - are excluded to the extent permitted by law. The Provider, its auxiliary persons and any vicarious agents shall not be liable for damages that have not occurred to the goods themselves, in particular not for consequential damages, loss of profit or other financial losses of the Customer. Any liability of the Provider in connection with the offer (in particular incorrect illustrations, texts and prices) and the delivery is excluded to the extent permitted by law.
8. CANCELLATION, RETURN AND WITHDRAWAL RIGHTS OF THE CUSTOMER
8.1 Orders placed by the Customer are binding and the Customer is obliged to accept the service. Subsequent changes at the Customer's request are possible at the Provider's discretion. The Customer has the right to return the goods within 14 days of receipt and to revoke the contract. The right of return can only be exercised with legal effect if the goods are returned unused, undamaged, complete and in their original packaging by registered mail. Upon receipt of the goods returned in the condition described, the Provider shall refund the value of the goods to the Customer. The goods are to be returned at the expense, benefit and risk of the Customer.
9. DATA PROTECTION
9.1 The data required for the transaction will be treated confidentially. The Customer agrees to the processing of his personal data by the provider for marketing purposes, in particular to the collection, storage, administration, use, transmission, disclosure, anonymization or deletion of personal data. The data may be processed by third parties (outsourcing) and abroad in accordance with the Swiss Data Protection Act (DSG). Cookies are used to process the order process in the online store. The Provider may use analysis tools for its website, such as Google Analytics or e-Tracker, or place social plugins on the website. The resulting data is only processed in Switzerland. The Customer acknowledges that the legislation in the country of the recipient for the processing of data does not in all cases offer protection equivalent to the legislation in Switzerland.
9.2 By ordering online, the customer accepts the future electronic delivery of information and advertising mailings. This consent can be revoked at any time by e-mail, letter or telephone. No liability is assumed for the security of data transmitted via the Internet. Data may be transmitted unencrypted.
10. APPLICABLE LAW AND PLACE OF JURISDICTION
10.1 The Provider expressly reserves the right to amend these GTC at any time and to apply them immediately.
10.2 All contracts concluded with the supplier are subject to Swiss law, to the exclusion of the substantive rules of conflict of laws and the United Nations Convention on Contracts for the International Sale of Goods (CISG). In the case of orders placed by private individuals for private use, the place of jurisdiction shall be governed by the consumer protection provisions. In all other cases, the ordinary courts at the registered office of the Provider shall have exclusive jurisdiction. However, the Provider is entitled to sue the Customer alternatively before the ordinary courts at the Customer's place of residence.
evismo AG 2025/04
evismo Services: General Terms and Conditions of evismo AG
dated [28.05.2025]
1. GENERAL INFORMATION
1.1 evismo AG, Schweighofstrasse 409, 8055 Zurich, Switzerland, e-mail address: info@evismo.com, registered in the Commercial Register of the Canton of Zurich under the number CHE-225.448.665 ("Provider") offers the measurement of vital parameters by means of sensors and transmission to the Provider's application ("evismoApp") and a diagnostic report based on this, which is accessible to the customer on the Provider's platform ("evismoPlatform") (all of the above together the "evismoService"). A further description can be found at <www.evismo.com >.
1.2 These general terms and conditions regulate all rights and obligations between the provider and a customer ("Customer") regarding the evismo service conclusively ("GTC"). The provider may also conclude a separate agreement ("Customer Contract") with a Customer. Should the GTC and the Customer Contract contradict each other, the provisions in the Customer Contract shall take precedence over the GTC.
1.3 Access to the evismo platform and use of the evismoService acceptance of these GTC. If the Customer does not wish to accept these GTC, the Customer may not use the evismoService.
1.4 The evsimoApp and the evismoPlatform are not medical devices and must not be used for medical purposes. The information generated by the evismoApp and the evismoPlatform is for information purposes only and serves as the basis for the diagnostic report, which is prepared by specialists. The evismoApp and the evismoPlatform itself is not a diagnostic tool and does not replace the expertise and judgment of a doctor or other healthcare professional.
1.5 In the event of inconsistencies or contradictions between the different language versions of the GTC, the German version shall take precedence. The German version is authoritative for the interpretation and application of the conditions in the GTC.
2. PREREQUISITES AND CONCLUSION OF CONTRACT
2.1 The Customer must:
a) be capable of concluding binding contracts
b) have their domicile/registered office in Switzerland; and
c) be a licensed physician or a clinic with licensed physicians in Switzerland and meet all regulatory requirements for the use of the services in these GTC (including the applicable regulations on medical devices).
2.2 The offer is available on the website and/or on request from the Provider and is binding ("Offer"). After (i) concluding a Customer Contract or (ii) ordering the services based on the Offer, the Customer accepts the Offer of the Provider with binding effect, these GTC are deemed to have been accepted by the Customer and a binding contract is deemed to have been concluded.
3.1 The Customer requires the necessary hardware (e.g. smartphone, electrodes or patch, electrode cable, USB cable, USB plug, ECG sensor and information material) in order to use the evismoService, including the evismoPlatform ("evismoKit").
3.2 The Customer has the following service options in connection with the evismoKit, which are specified in the Offer or in the Customer Contract:
(i) to purchase the evismoKit (see section 3.3 of these GTC); or
(ii) to use the evismoKit as a utility loan (see section 3.4 of these GTC).
3.3 Purchase of the evismoKit: The Customer receives the evismoKit after entering into the contractual relationship with the Provider. The evismoKit is in mint condition, but not necessarily new or unused. The prices and all other purchase modalities are based on the Offer and the Customer Contract. In addition, the confirmation of receipt that the Customer provides upon delivery of the goods shall apply. The Customer receives from the Provider together with the evismoKit training and instructions (printed and electronic), which are delivered as part of the evismoKit, for the correct use of the evismoKit (both together or individually hereinafter referred to as "evismo Instructions").
3.4 Rental of the evismoKit: The Customer receives the necessary hardware (e.g., smartphone, electrode cable, USB cable, USB plug, ECG sensor and information material) from the Provider in order to be able to use evismoService and the evismoPlatform (the "evismoKit"), provided as a so-called utility loan (i.e., ownership of the evismoKit remains with the Provider). The evismoKit is in mint condition, but not necessarily new or unused. In addition, the confirmation of receipt applies. The Customer receives from the Provider together with the evismoKit training and instructions (printed and electronic), which are delivered as part of the evismoKit, for the correct use of the evismoKit (both together or individually hereinafter referred to as "evismo Instructions").
3.1 Software service: The Customer receives the following services from the Provider:
(i) Platform access (login data) for the duration and purpose of the contractual measurement of the parameters (e.g. ECG data).
(ii) The Provider is available to the Customer by telephone on +41 44 521 51 10 and by e-mail at info@evismo.com for technical questions, but not for medical questions.
(iii) A diagnostic team, consisting of at least one medical specialist licensed in Switzerland ("Diagnostic Team"), evaluates the vital parameters recorded by the evismoKit on the evismoApp according to the rules of its professional art and provides the Customer with a personal diagnostic report based on these recordings by e-mail and/or on the evismoPlatform within a reasonable period of time after the end of the measurement.
(iv) Unless explicitly described otherwise in the offer, the evismoService does not include a discussion of the personal diagnostic report received with the Diagnostic Team or the answering of medical questions. The Diagnostic Team is entitled but not obliged to contact the Customer in the event of irregularities or questions.
(v) The Provider is entitled to engage subcontractors of its own choice and at its own discretion to provide its services. The Diagnostic Team is one such subcontractor.
4. RIGHTS AND OBLIGATIONS OF THE CUSTOMER
4.1 This contract entitles the Customer to use the evismoKit provided in accordance with section 3.1 of these GTC for measurement in accordance with the evismo Instructions and with the utmost care. The Customer is obliged to carefully study and follow the evismo Instructions for the use of the evismoKit and the measurement. The Customer is prohibited from using the evismoKit in any way other than that described in the evismo Instructions. In particular, the Customer is prohibited from using the evismoKit:
- to manipulate or change;
- decrypt (reverse engineering) and/or copy.
4.3 The Customer is obliged to ensure that his patients use the evismoKit for a certain average number of days per month (defined in the specific offer or the Customer Contract and confirmed in the confirmation of receipt) or otherwise to return it.
5.1 The diagnostic service is invoiced directly to the subject of the measurement, i.e. the Customer's patient, by the analyzing partners. Unless otherwise regulated and agreed in the offer or in the Customer Contract, this service can be billed via the Swiss health insurance fund.
5.2 In the case of use rental, no rental fee is owed for the use of the evismoKit, provided that the minimum use specified in the offer, the Customer Contract and the confirmation of receipt is observed. If the Customer damages the evismoKit, the Customer will receive an invoice for the value of the evismoKit, which is shown in the Offer, the Customer Contract and on the confirmation of receipt, as lump-sum compensation.
5.3 In the case of the purchase of the evismoKit, the prices apply as specified in the accepted Offer or agreed in the separate Customer Contract.
5.4 For software services, the prices apply as specified in the accepted Offer or as agreed in the separate Customer Contract.
5.5 Payment for the evismoKit is made by invoice. The delivered evismoKit remains the property of the Provider until full payment has been made. The Provider is entitled to make a corresponding entry in the retention of title register. If the Customer defaults on payment of the purchase price, the provider is entitled, among other things, to withdraw from this contract and repossess the goods.
5.6 For payment of the software services, the Provider shall send the Customer a monthly or annual invoice for the contractually owed fee in accordance with the written Customer Contract or the Offer, which the Customer must pay within 30 days of the invoice date. In the event of late payment, default interest of 5 % and an additional reminder fee of CHF 30 to cover costs will be charged.
5.7 If the Customer is in arrears with the payment of invoices, the Provider is also entitled to suspend its services without prior notice and to block the Customer or its access to further services of the Provider until the total outstanding invoice amount has been paid in full. If staggered payment has been agreed and there is a delay in payment, the due date for all outstanding installments shall be triggered in the event of an unsuccessful reminder.
6. PROPERTY RIGHTS
6.1 The evismoKit, including the evismoPlatform as well as the evismoApp and its components are protected by patent law, copyright, trademark law or other intellectual property rights. The Customer acknowledges that all intellectual property rights to the evismoKit, including the evismoPlatform as well as the evismoApp and its components, belong exclusively to the provider or its contractual partners. No intellectual property rights are transferred to the Customer.
6.2 The generated diagnostic report belongs exclusively to the patient. The Provider has the right, and the Customer undertakes to obtain this right from the Customer, to use the anonymized results of the diagnostic report. The Provider and the Customer may retain copies of the diagnostic report in order to comply with legal requirements (e.g. but not exclusively: statutory retention obligations for doctors). The Provider may make deviating agreements in the Offer and in the Customer Contracts.
6.3 It is not permitted to reproduce, duplicate, copy, sell, trade or resell the content, design and appearance of the evismoPlatform or information derived from it. Without the prior written consent of the Provider, it is not permitted to change or redistribute the content, design and appearance of the evismoPlatform or information derived from it or to reproduce, store, link or deep-link it on another platform or in another medium or format. Commercial use of the evismoPlatform is prohibited.
7. WARRANTY AND LIABILITY - EVISMO SERVICE
7.1 The evismoService is a diagnostic service in which vital parameters are measured and evaluated and a comprehensible report is produced. However, the evismoService cannot detect whether there have been or will be any irregularities before or after the measurement; the evismoService only evaluates a snapshot, i.e. during the duration of the actual measurement. If the evaluation reveals irregularities, it is recommended to consult a doctor; the evismoService does not include medical advice and care. Provided that the Customer complies with his obligations in accordance with sections 4.2 to 4.4 of these GTC, the Provider warrants to the Customer that the evismoService has the functions described. Any further warranty is excluded.
7.2 The Customer alone is responsible:
a) for providing truthful, up-to-date and complete information;
b) for the correct use of the evismoKit according to the evismo Instructions; and
c) if applicable to the specific evismoService, that the smartphone is charged and is regularly located in places with mobile phone reception.
Neither the Provider nor the Diagnostic Team have any influence on the above, but this is the basis for a reliable evismoService.
7.3 The evismoService is not suitable for Customers with acute complaints for which medical care is required. The evismoService does not trigger an alarm in the event of acute irregularities and the smartphone supplied with the evismoKit does not serve as a telephone.
7.4 The liability of the Provider for any damages is excluded to the extent permitted by law.
7.5 The Provider makes every effort to ensure the accuracy and security of the information from the evismoService. However, neither the Provider nor its bodies, executives, employees, vicarious agents, partners, affiliated companies and licensors are liable for incomplete or incorrect information or for any losses or damages that may result.
7.6 Information is transmitted via public lines. Even if the Provider uses current encryption standards, the Provider gives neither a guarantee nor an assurance, nor does it guarantee that the operation of the evismoPlatform is secure, uninterrupted and error-free.
7.7 Although the Provider endeavors to maintain the measurements 24 hours a day, it has no influence on interruptions due to incorrect or interrupted wearing of the evismoKit by the Customer, insufficient battery charge of the evismoKit or transmission interruptions of telecommunication connections.
7.8 Although the Provider makes the content of evismoServices and all information available in good faith, access to evismoServices and their use is at the user's own risk. The Provider operates evismoServices without guarantee and only according to availability. Any implied legal guarantees for marketability, fitness for purpose or non-infringement of copyrights and database rights, patents, trademarks or intellectual property rights of third parties through access and/or use of the evismoServices are excluded. The Provider makes no warranty or representation that the evismoServices are complete, accurate, available, timely, secure and reliable or that the information is of satisfactory quality, up to date and free from viruses, trojan horses or other harmful or malicious programs. The Provider is not responsible or liable for any damage to the Customer's computer system, loss of data or other detriment resulting from your access to or use of the evismoServices; the same applies to the destruction or failure to store or transmit data, information and other communications. The Provider does not guarantee that the evismoServices will meet the requirements of the Customer and will be available without interruption, security or errors. No advice or information, whether oral or written, which customers receive from the Provider itself or via evismoServices constitutes an implied warranty.
7.9 The Provider and its directors, officers, employees, agents, partners, affiliates and licensors assume no responsibility for decisions made by the Customer based on the evismoService and/or the information, such as the decision whether or not the Customer's patients seek care or treatment from healthcare professionals. The Customers hereby waive all claims that the Customer has or acquires in the future against the Provider and its bodies, executives, employees, vicarious agents, partners, affiliated companies and licensors and declare to indemnify the aforementioned with regard to all claims, proceedings, costs, indirect or consequential damages in connection with their use of the information derived from the evismoService. This also applies to loss of profit.
7.10 To the extent permitted by law, neither the Provider nor its bodies, officers, employees, agents, partners, affiliates and licensors shall be liable for any loss or direct, indirect, incidental, special, consequential or punitive damages, including loss of profit or loss of data, use, frustration or other intangible damages arising out of the following circumstances: (i) access and use of the evismoPlatform or the evismoService in general or the impossibility of access and use; (ii) the use of information derived from the evismoSerivce; (iii) unauthorized access and use or alteration of data transmissions. This applies in all cases regardless of the nature of the claim, whether in contract, tort or based on other legal grounds, foreseeability and regardless of whether evismo was informed in advance of the possibility of such damage occurring.
8. WARRANTY AND LIABILITY - EVISMO KIT
8.1 Complaints due to defects or due to incomplete or incorrect delivery must be notified to the Provider in writing immediately, at the latest 7 working days from the date of delivery. Hidden defects must be reported to the Provider in writing immediately, but no later than 7 working days after discovery. If the Customer fails to notify the Provider in good time, its claims shall lapse. After returning the rejected goods, the Customer shall receive a replacement delivery in the event of a defect. If no replacement delivery is possible, the Provider shall refund the payment made. In addition, any claim for reduction, rescission or compensation for consequential damages is excluded to the extent permitted by law.
8.2 The Customer forfeits any warranty rights in the event of improper use of the goods. Defects resulting from normal wear and tear or as a result of improper handling or damage by the Customer or third parties, as well as defects attributable to external circumstances (improper storage, frost, heat, moisture, incorrect storage, etc.), do not entitle the Customer to withdraw from the contract or replace the goods. The Provider accepts no liability for this. Goods are returned at the Customer's expense and risk. The products must be properly packed in the original packaging and sent by registered mail. If the Provider cannot identify any defects that are covered by the warranty or fall under the manufacturer's guarantee, the Provider may charge the Customer for the costs of inspecting and shipping the goods.
8.3 Other claims of the Customer - irrespective of the legal grounds - are excluded to the extent permitted by law. The Provider, its auxiliary persons and any vicarious agents shall not be liable for damages that have not occurred to the goods themselves, in particular not for consequential damages, loss of profit or other financial losses of the Customer. Any liability of the Provider in connection with the Offer (in particular incorrect illustrations, texts and prices) and the delivery is excluded to the extent permitted by law.
9. DATA PROCESSING
9.1 The Provider collects and processes the following personal data of the Customer's patient:
- the personal data entered by the Customer on the evismoPlatform;
- the Customer's health data collected during the measurement by the evismoKit; and
- personal data collected in connection with contract processing, customer support or communication with the Customer.
9.2 The Customer acknowledges that the personal data collected in connection with the measurement contains information about the activities, habits and state of health of the Customer's patient, i.e. is particularly sensitive personal data.
9.3 The Provider processes the personal data of the Customer's patient only for the purpose of fulfilling these GTC, i.e. to measure vital parameters, to prepare the diagnostic report, to provide support services and for billing purposes. Processing for further development purposes or other purposes only takes place with personal data in anonymized form.
9.4 In order to fulfill these GTC, the Provider engages third-party companies (diagnostic team, hardware suppliers, software service providers, hosting service providers, payment processors, etc.). These companies may be given access to the personal data of the Customer required for the provision of their services, either as processors or independent controllers. The Provider undertakes to contractually oblige these third-party companies engaged for the provision of services to maintain the confidentiality of the Customer's personal data and to comply with the applicable data protection rules. The Diagnostic Team shall be granted particularly comprehensive access for the purpose of evaluating, assessing and preparing the diagnostic report, and shall contact Customers directly as required. The Diagnostic Team is also subject to professional and medical confidentiality as required by law.
9.5 The Provider undertakes to encrypt and otherwise protect the Customer's personal data by taking appropriate technical and organizational measures against unauthorized access by third parties in accordance with the applicable data protection legislation.
9.6 The Customer is responsible for keeping his password for access to evismoServices secret.
9.7 Cookies are used on the evismoServices, which collect personal data about the use of the evismoServices by the Customer. These cookies are used to analyze personal data in anonymized form for the improvement and further development of the Provider's services, as well as for the convenience of the Customer. The Customer can deactivate cookies at any time by making the appropriate settings in their browser. If cookies are deactivated, the full use of evismoServices may no longer be possible.
9.8 Personal data is only stored in Switzerland.
9.9 The Provider stores the customer's personal data as long as it is necessary for the fulfillment of the GTC, the accepted offer or a customer contract (evaluation of the measurement, preparation and transmission of the diagnostic report, return of the evismoKit) as well as beyond that in accordance with the legal storage and documentation obligations. It is possible that personal data may be stored for the period in which claims can be asserted against the Provider and insofar as the Provider is legally obliged to do so or legitimate business interests require this (e.g. for evidence and documentation purposes). As soon as it is no longer required for the above-mentioned purposes, the Customer's personal data will be deleted or anonymized as far as possible. Shorter retention periods of twelve months or less generally apply to operational data (e.g. system protocols, logs).
9.10 The Customer has the following rights, which can be exercised at any time: Information, correction, restriction and surrender. The exercise of such rights can be made by email to the email info@evismo.com and generally requires that the identity of the Customer is proven.
9.11 The competent data protection authority in Switzerland is the Federal Data Protection and Information Commissioner (http://www.edoeb.admin.ch).
10. CONTRACT TERM AND TERMINATION
10.1 The specific contract term is set out in the Customer Contract or in the Offer. The contract term is tacitly extended by a further identical term unless the contract is terminated by one of the parties subject to a notice period of 4 weeks at the end of the contract term.
10.2 If no contract term is agreed in the Customer Contract or in the Offer, both parties may terminate the contract with a notice period of 4 weeks to the end of the month.
10.3 In the event of good cause, the GTC may be terminated by either party in writing to the other party at any time. Good cause shall include in particular
a) In the event of a material breach by the other party of its obligations under this Agreement, if such breach has not been remedied within 30 days of a written request to remedy the breach or if the breach cannot be remedied within 60 (sixty) days.
b) If bankruptcy or composition proceedings have been instituted against the other party or if such or similar proceedings are imminent or if the other party has become insolvent.
c) In the event of force majeure, if the other party is unable to fulfill its obligations within 90 days of the occurrence of the force majeure event.
10.4 Upon expiry or termination of this contract for any reason, the Customer is obliged to immediately return all documents and other items, such as the evismoKit (in the case of the loan for use), which the Provider has provided, at the expense of the party through which the return is made. This also applies to all copies thereof as well as complete or partial representations of their contents on data carriers of any kind as well as the distribution via new electronic media, such as internet material.
11. GENERAL PROVISIONS, APPLICABLE LAW AND PLACE OF JURISDICTION
11.1 The Provider expressly reserves the right to amend these GTC at any time and to apply them immediately.
11.2 Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. Invalid provisions shall be deemed to be replaced by provisions that come closest to the intended economic purpose of the invalid provision.
11.3 The contract shall be governed by Swiss substantive law, to the exclusion of private international law and international conventions, including the UN Convention on Contracts for the International Sale of Goods.
11.4 The ordinary courts at the registered office of the Provider shall have exclusive jurisdiction for disputes. However, the Provider is entitled to sue the Customer alternatively before the ordinary courts at the Customer's place of residence.
evismo AG 2025/02