General Terms and Conditions

1.1These General Terms and Conditions (Terms) apply to all contracts between Fluxaro Software GmbH, Neudorfstrasse 35, 8820 Wädenswil (UID CHE-468.951.790, “Fluxaro”) and its customers concerning the use of the software services Leadradar and Monitoring Radar and related additional services.

1.2The services are aimed exclusively at companies, organisations and self-employed persons for their business activities, not at consumers.

1.3The contract is concluded when an offer or order form from Fluxaro is accepted in text form (e.g. email) or when the customer account is activated. The following apply in this order of precedence: individual agreements in text form, the offer or order form, the price list at leadradar.fluxaro.ch/en/preise, these Terms.

1.4Deviating terms and conditions of the customer only apply if Fluxaro expressly agrees to them in text form.

2.1Leadradar analyses public publications in the Swiss Official Gazette of Commerce (SHAB) and data from Zefix every day, filters them according to the agreed target profile (segments, cantons, buying signals), supplements them with publicly available information (e.g. website, contact details) and rates them automatically with a score. The results are made available in the platform with CRM functions (tasks, notes, assignment).

2.2Monitoring Radar compares the companies and persons stored by the customer with the SHAB publications every day and reports matches as a task, by email or via webhook/API.

2.3Additional services such as letter printing and dispatch, email drafts and email sequences are provided in accordance with the plan or price list. When emails are sent via the customer’s own mailbox, the customer is the sender.

2.4The scope and functions are determined by the selected plan and the current product description on leadradar.fluxaro.ch. Fluxaro provides the services with due care in accordance with the state of the art; no particular commercial success (e.g. a number of leads or deals) is owed. Figures such as “typically 30–300 matches per month” are empirical values and depend on the target profile and the volume of publications.

3.1Fluxaro aims for high availability but does not guarantee any particular availability (no service level agreement unless otherwise agreed in text form). Maintenance work is carried out outside business hours where possible and announced if foreseeable.

3.2The services depend on third-party sources (in particular SHAB, Zefix, search services, map services, AI providers). Outages, delays or changes to these sources are beyond Fluxaro’s control.

3.3Fluxaro may further develop and adapt the services. If an essential function of the booked plan is restricted or removed, Fluxaro will give at least 30 days’ notice; the customer may then terminate the contract with effect from the date of the change.

4.1The customer keeps its access credentials secret, grants access only to its own employees and informs Fluxaro immediately if misuse is suspected. It is responsible for actions taken using its access.

4.2The customer ensures that the data it uploads (e.g. customer and person lists) has been collected lawfully and may be transferred to Fluxaro.

4.3The customer alone is responsible for approaching leads (letter, call, email, personal contact). In particular, it complies with:

• the Federal Act against Unfair Competition (UCA), in particular Art. 3(1)(o) (email advertising only with consent or to its own customers for similar own services, with a correct sender and a free opt-out) and (u) to (w) (no advertising calls to numbers marked with an asterisk or not listed in a directory, display of a registered telephone number);
• the Federal Act on Data Protection (FADP) with regard to natural persons (e.g. owners of sole proprietorships, managing directors), in particular providing information about the origin of the data and complying immediately with an objection;
• the principles of the Swiss Fairness Commission and its own blocking list.

4.4Platform tools (e.g. the opt-out link in email sequences, the contact blocking list) support the customer but do not replace its own review.

4.5The customer does not misuse the services, in particular not for automated mass queries, for extracting the database (scraping) or for circumventing technical protection measures.

4.6The customer indemnifies Fluxaro against third-party claims and costs (including fines and reasonable legal fees) arising from a breach of these obligations.

5.1The prices in the offer or in the price list at leadradar.fluxaro.ch/en/preise apply. All prices are in Swiss francs (CHF) excluding value added tax. If Fluxaro is or becomes subject to VAT, VAT will be charged in addition at the applicable rate.

5.2The setup fee is due once at the start of the contract, the monthly fee monthly in advance. Usage-based services (e.g. letter dispatch per letter) are invoiced monthly in arrears. Invoices are sent by email and are payable within 30 days of the invoice date.

5.3When the payment period expires, the customer is in default without a reminder; default interest of 5 % per annum is owed (Art. 104 CO). If an invoice remains unpaid after a reminder and a grace period of 10 days, Fluxaro may block access; the fees remain owed.

5.4Fluxaro may adjust the prices with at least 30 days’ notice in text form, effective from the start of a subsequent billing period. The customer may terminate the contract until the new prices take effect.

6.1The contract runs for an indefinite period and has no minimum term. Either party may terminate it at any time with effect from the end of the current billing month. Notice of termination must be given in text form (e.g. email to info@fluxaro.ch).

6.2The setup fee remunerates the setup carried out (configuration of target profile, segments and templates) and is not refunded on termination. If Fluxaro has not yet carried out the setup, the part not provided is refunded.

6.3The right of either party to terminate without notice for good cause remains reserved, in particular in the event of a serious breach of the obligations under clause 4 or of payment default despite a reminder.

7.1Fluxaro processes personal data in accordance with the Swiss Federal Act on Data Protection (FADP) and — where applicable — the EU General Data Protection Regulation. Details are set out in the privacy policy at leadradar.fluxaro.ch/en/datenschutz.

7.2Fluxaro is the controller for obtaining, preparing and providing the lead data from public registers and publicly accessible sources. Once the data has been provided to the customer, the customer becomes a controller in its own right for its further use (in particular approaching the leads).

7.3For data that the customer itself brings into the platform or generates there (e.g. customer and person lists in Monitoring Radar, notes, tasks, assignments, email drafts and sequences, data for letter dispatch), the customer is the controller and Fluxaro the processor. Clause 8 applies to this.

8.1Fluxaro processes customer data only to provide the agreed services and in accordance with the customer’s instructions as set out in the contract and the platform settings. Fluxaro does not use customer data for its own purposes or to train AI models.

8.2Fluxaro takes appropriate technical and organisational measures to ensure data security (Art. 8 FADP), in particular encrypted transmission, encryption of particularly sensitive access credentials, role-based access rights, logging of access and changes, two-factor sign-in and daily backup copies.

8.3The customer grants general authorisation to engage sub-processors. The current list, including the country, is set out in the privacy policy. Fluxaro informs the customer in advance of new sub-processors; if the customer objects for good cause, it may terminate the contract with effect from the date of engagement. Fluxaro obliges sub-processors to comply with equivalent data protection obligations.

8.4The data is stored exclusively in Germany (Hetzner; a state with adequate data protection under Annex 1 DPO). Disclosure to states without adequate data protection (e.g. the USA for AI services) only takes place with appropriate safeguards, in particular certification under the Swiss-U.S. Data Privacy Framework or standard contractual clauses recognised by Switzerland.

8.5Fluxaro notifies the customer as quickly as possible of data security breaches affecting customer data and supports the customer, insofar as this can reasonably be expected of Fluxaro, with notifications to the FDPIC, with requests for access and erasure from data subjects and with data protection impact assessments.

8.6The customer may have compliance with this clause verified by means of suitable evidence; on-site inspections take place by arrangement, during business hours and at the customer’s expense.

8.7After the end of the contract, clause 13 applies to return and erasure.

9.1The register data comes from the SHAB and from Zefix. Only the official publication or the certified commercial register extract is legally binding. Fluxaro gives no warranty as to the correctness, completeness and timeliness of the register data and of the supplementary information from public sources.

9.2Scores, justifications, summaries, briefings, translations and draft texts are generated automatically, partly with the help of AI. They may be incomplete or incorrect and are not decisions. The customer checks them before any use.

10.1The software, database and content of the platform remain the property of Fluxaro or its licensors. For the term of the contract, the customer receives a simple, non-transferable right to use the services and the leads provided for its own business purposes.

10.2The customer may not sell, rent or pass on the leads provided to third parties as a data set. Exports for its own use (e.g. into its own CRM) are permitted.

10.3The data brought in by the customer remains with the customer.

11.1Fluxaro is liable without limitation for damage it causes intentionally or through gross negligence and for personal injury. Mandatory statutory liability (e.g. under the Product Liability Act) remains reserved.

11.2To the extent permitted by law, Fluxaro’s liability for slight negligence is excluded; in any event it is limited per calendar year to the fees paid by the customer in the twelve months preceding the damaging event.

11.3To the extent permitted by law, liability is excluded for indirect and consequential damage, loss of profit, unrealised savings, loss of data (insofar as the customer has not used the export options) and for damage, fines and third-party claims arising from the customer’s approach to leads.

11.4Liability for auxiliary persons (e.g. hosting, AI and printing service providers) is excluded to the extent permitted by law (Art. 101(2) CO).

12.1The parties treat all non-public information of the other party that becomes known to them in connection with the contract as confidential and use it only to perform the contract. This obligation applies until three years after the end of the contract; for personal data and trade secrets, without time limit.

13.1The customer may export its data until 30 days after the end of the contract or request it from Fluxaro in a common format (e.g. CSV). Fluxaro then deletes the customer data in the active systems.

13.2Backup copies are overwritten in the regular rotation cycle, at the latest after 13 months. Statutory retention obligations (e.g. for invoices and accounting records) remain reserved.

14.1Fluxaro may change these Terms. Changes are communicated to the customer in text form at least 30 days before they take effect. If the customer neither objects nor terminates by the time they take effect, the amended Terms are deemed accepted; the notice points out this consequence. Fluxaro obtains express confirmation of material changes to the customer’s detriment.

15.1Notices are given in text form (email is sufficient). Individual agreements take precedence over these Terms.

15.2If any provision of these Terms is invalid, the remainder remains valid. The invalid provision is replaced by a valid one that comes closest to its economic purpose.

15.3Swiss law applies exclusively, excluding its conflict-of-laws rules and the United Nations Convention on Contracts for the International Sale of Goods (Vienna Sales Convention).

15.4The exclusive place of jurisdiction is Wädenswil (District of Horgen, Canton of Zurich). Fluxaro may also sue the customer at its registered office. Mandatory jurisdictions, in particular that of the Commercial Court of the Canton of Zurich, remain reserved.

15.5These Terms are also available in French, Italian and English translation. The translations are provided for information purposes; only the German version is legally binding.