Terms and conditions

PassSecuriumTM General terms and conditions

 

1. Offer and contract

1.1 These General Terms and Conditions (GTC) govern the relationship between ALPEIN Software SWISS AG, Obergass 23, CH-8260 Stein am Rhein (hereinafter referred to as ALPEIN CH) and its customers for the use of the “PassSecuriumTM” application and all other related services, as well as mutual obligations. Any deviating agreements must be made in writing to be valid.
ALPEIN CH provides the customer with an online account with storage space for passwords and digital access data/authorizations (hereinafter referred to as the application).

1.2 The current offers and prices are published on the corresponding ALPEIN CH website. 

1.3 The contract is concluded when ALPEIN CH has confirmed the customer's order in writing, e.g., by email.

1.4 An invoice for the first year of use (versions: Standard, Premium, Corporate) will then be issued in advance. The account will be opened as soon as the invoice amount has been credited to the designated ALPEIN CH account.

 

2. Terms of payment

2.1 The offer selected by the customer and the price currently published at the time of conclusion of the contract shall be decisive for invoicing.

2.2 The agreed price shall remain unchanged for the contract term selected by the customer upon conclusion of the contract.

2.3 If ALPEIN CH changes its offers and prices, the customer will be notified in good time by email or by a message in the application. The contract will continue under the previous terms and prices until the end of the contractually agreed term. If the customer does not terminate the contract, it will continue under the new terms and prices of the offer that most closely corresponds to the previous comparable offers.

2.4 If the contract is not terminated, ALPEIN CH will issue an invoice for the following term at least 14 days before the end of the current term, in accordance with the term originally selected by the customer. This invoice is payable within 14 days (due date) without deductions or offsetting.

2.5 If the customer is in default of payment, ALPEIN CH will first send them a reminder by email. If the customer does not pay the outstanding amount within 14 days, ALPEIN CH reserves the right to block the account until payment is received. If the payment is more than 40 days overdue since the original due date, ALPEIN CH will terminate the contract without notice and delete the account. ALPEIN CH reserves the right to claim damages in such cases.

2.6 If ALPEIN CH discontinues a service, it undertakes to refund the prepaid amounts on a pro rata basis.

2.7 The fee for chargeable individual additional services requested and ordered by the customer will be invoiced before they can be used for the first time. The above provisions of sections 2.4 and 2.5 apply accordingly to the due date of these invoices.

2.8 Payments shall be made in Swiss francs (CHF) or euros. The customer can choose between purchase on account (subject to creditworthiness) and payment by major credit cards, TWINT, Postfinance, or PayPal.

 

3. Obligations of ALPEIN CH

3.1 ALPEIN CH aims to provide and guarantee its services and the availability of the application at all times without disruption or interruption.

3.2 ALPEIN CH undertakes to maintain the security of its own systems and its services and applications in accordance with the currently recognized technical and regulatory standards.

3.3 ALPEIN CH undertakes to carry out maintenance work, expand functionalities and services, and introduce new hardware and software outside normal business hours wherever possible, and to inform customers as early as possible about foreseeable service interruptions.

3.4 In the event of unforeseeable service interruptions, ALPEIN CH shall inform its customers immediately after they occur. It undertakes to remedy the disruption as quickly as possible within the scope of its capabilities.

3.5 ALPEIN CH undertakes to observe the recognized technical and mandatory regulatory standards of data protection and data security within its sphere of influence. This also applies to contractors of ALPEIN CH with whom corresponding binding agreements exist.

 

4. Obligations of the customer

4.1 Customers are responsible for providing the necessary equipment (hardware, software) for accessing the application and associated cloud services at their own expense. ALPEIN CH is happy to assist customers with setup and advice upon request. These services will be invoiced separately and charged according to actual expenditure.

4.2 Customers are obliged to provide the data necessary for the execution of the contract and the functioning of the application and services completely and correctly and to notify ALPEIN CH of any changes without delay. This applies in particular to address data, bank details and/or payment method information, and email addresses. Customers shall notify ALPEIN CH of any changes and other necessary information without delay.

4.3 Customers must secure their own systems in such a way that they do not become a source of danger to others and do not impair the security, integrity, or availability of the infrastructure used by ALPEIN CH to operate the application and its services. ALPEIN CH may block services in whole or in part if the customer's systems compromise the security, integrity, or availability of the infrastructure. In this case, the customer will receive a request to restore the proper condition immediately.

4.4 ALPEIN CH regularly creates backup copies of the encrypted data stored by the customer in the application. The customer may commission ALPEIN CH, at their own expense, to use such backup copies to restore data lost through the customer's fault. The costs incurred will be charged at ALPEIN's standard hourly rate for such work plus statutory VAT.

4.5 The customer undertakes to change the central access password for the application regularly and to use two-factor authentication exclusively. The customer shall manage this password and other access data carefully and keep them secret.

4.6 The customer explicitly undertakes to ensure that their data does not contain any illegal or inadmissible content under criminal, civil, or public law. They acknowledge that ALPEIN CH will cooperate fully with the authorities in the event of criminal prosecution in accordance with the relevant legal provisions. The customer is liable to ALPEIN CH for all damages resulting from a breach of a contractual obligation.

 

5. Liability provisions

5.1 The customer is aware that errors can creep in even with careful software development and maintenance.

5.2 Any legally possible and permissible liability is excluded in full.

ALPEIN CH expressly accepts no liability for any negative effects that other programs on the customer's computers may have on the use of the application and the associated cloud services.

5.3 Customers can irretrievably delete the data stored on the cloud at any time. ALPEIN CH accepts no obligation and/or responsibility for backing up deleted data.

  

6. Confidentiality

6.1 The contracting parties shall treat all information that is neither generally known nor generally accessible as confidential, in particular information about know-how and application design and functionalities. In case of doubt, information shall be treated as confidential.

6.2 The confidentiality obligation under Section 6.1 shall already apply during the contract initiation phase prior to the conclusion of the contract and shall continue indefinitely beyond the termination of the contract.

6.3 ALPEIN CH undertakes not to allow its employees and contractors to access the customer's data that is not intended for publication. If this should be necessary in exceptional cases for technical reasons, the persons concerned shall be explicitly obliged to maintain confidentiality.

  

7. Support

7.1 ALPEIN CH supports customers during the contract period with technical questions, installation and application problems. For such services and consultations, ALPEIN's standard hourly rate for such work plus statutory VAT will be charged.

7.2 Information on the proper procedure and conduct in the event of malfunctions is published on the ALPEIN CH website. Upon request, special escalation agreements can be made with the customer, which are subject to separate remuneration.

 

8. Copyright

8.1 ALPEIN CH expressly reserves all copyrights and exploitation rights to the software developed by itself, its employees, and contractors (Art. 17 URG [Switzerland] and 69b UrhG [Germany]).

8.2 All rights to the data uploaded to the application remain with the customer. The customer authorizes ALPEIN CH to process data in the sense of data duplication solely for the purpose of storage and data backup.

 

9. Contract termination

9.1 A contract with an indefinite term of use may be terminated by either party in writing up to 30 days before the end of the current billing period.

9.2 If a fixed-term contract is not terminated before expiry, it shall be automatically extended by a further 12 months or the term originally agreed between the contracting parties and may again be terminated up to 30 days before its expiry.

9.3 After termination of the contract, the data will remain on the ALPEIN CH systems for 30 days. After these 30 days have expired, the customer data will be completely deleted from all ALPEIN CH systems. It is in the customer's interest to back up their data during and upon termination of the contract so that they can freely dispose of it.

9.4 ALPEIN CH is not obliged to actively transfer customer data to other systems upon termination of the contract. If the customer wishes this, a corresponding agreement must be concluded with ALPEIN CH.

 

10. Final provisions

10.1 This contract is governed exclusively by Swiss law, excluding any conflict of law provisions and the UN Convention on Contracts for the International Sale of Goods.

10.2 The parties shall endeavor to settle any difficulties arising from the performance of this contract amicably.

10.3 Should certain points not be regulated or individual provisions of these terms and conditions be invalid, the contract shall nevertheless remain in force. The unregulated or invalid points shall be replaced by an agreement that comes as close as possible to the original intention of both parties.

10.4 The place of jurisdiction is the registered office of ALPEIN CH in Switzerland.

 

As of: October 2025