Terms of Use
Scope of Application
These GTC govern the contractual relationship between the users of the homepage and the services of nextesy AG and nextesy AG, with its registered office in Zurich (hereinafter nextesy), the operator of the website https://www.nextesy.com/ and of the platforms and services operated via this website (hereinafter Platform).
A User within the meaning of these GTC is any natural or legal person who uses the platform to purchase services from nextesy and to book packages.
Conclusion of Contract
Access to the use of the platform requires free registration.
All users declare with their registration that they have the capacity to act.
By registering, the user accepts these GTC. A contractual relationship is established between nextesy and the registered user, which is governed by the provisions of these GTC.
The user can use various contents of the platform free of charge. In addition, nextesy offers products, service packages, platforms, subscriptions and other fee-based content (collectively the Services). The services include various tools and products that enable users to organize their Human Capital Management as efficiently as possible. The services are concluded separately and their terms are described in separate contracts, which the users accept separately (hereinafter individually an Individual Contract or the Individual Contracts).
The Individual Contract for products and services made accessible on the platform is concluded upon acceptance of the Individual Contract by the user.
Scope of Services and Prices
All users can register free of charge and receive free access to certain content contained on the platform. The scope of services and the prices of services are governed by the Individual Contracts.
nextesy uses standard commercial care to ensure that the prices of services and their descriptions published on the platform are up-to-date and correct; nevertheless, this information on the platform is non-binding and provided without guarantee. Only the details contained in the Individual Contracts are binding.
Payments must be made in Swiss Francs.
In the case of purchase on invoice, users are obliged to settle the invoice amount within 30 calendar days after the conclusion of the Individual Contract.
If the user does not comply with their payment obligation or does so only partially, all outstanding amounts that the user owes to nextesy shall become due immediately and nextesy may demand them immediately.
nextesy charges an administrative fee of CHF 10 for the 1st reminder and an administrative fee of CHF 15 for each subsequent reminder. The user expressly accepts these administrative fees.
Further reminder or default costs as well as interest on arrears remain reserved.
Registration, Termination
These GTC apply from the registration of the user. The termination provisions for the services are based on the Individual Contracts. The user acknowledges that the Individual Contracts may contain notice periods, upon expiry of which the Individual Contracts are extended by a further term.
For the registration of a user, an email address and name are required. Confirmation is sent via a link that is sent by email to the address provided. As soon as the user wishes to purchase services, further information is required from them, e.g. address, business identification number (UID), telephone number, email, website, details about the company (e.g. size, estimated turnover etc.) as well as credit card information.
If there are outstanding, unpaid invoices in favor of nextesy, nextesy reserves the right to suspend or block all services and logins of the user until the invoice is paid.
nextesy is entitled to exclude users at any time without giving reasons, i.e. to terminate the contractual relationships (including the GTC and the Individual Contracts) without notice, without any claims arising against nextesy as a result. This applies in particular in the event of violations of these GTC or against common decency, or if there is a suspicion of incorrect or inappropriate behavior by users (attempted hacking, violation of statutory provisions, violation of criminal law norms, violation of copyrights and other intellectual property rights of nextesy or of third parties, misuse of the services for illegal purposes or to the detriment of nextesy or third parties). In any of the aforementioned cases, amounts paid in advance for services will not be refunded by nextesy.
nextesy is also entitled to terminate the GTC and Individual Contracts at any time without giving any reason. Any amounts already paid in advance for services will be refunded pro rata temporis in such cases. nextesy may also, without issuing a termination, temporarily suspend accounts of users.
No Responsibility for Third-Party Offers
If the offers of third parties (hereinafter Providers) are integrated via the nextesy platform (integration of plugins and tools from providers, e.g. in the field of Artificial Intelligence), their use is governed by separate terms and conditions and contracts of these providers. The privacy policies of these providers apply. The user expressly acknowledges these conditions by checking a box. They warrant that they will study the conditions of the providers carefully and take note of them.
The user is aware that they themselves bear any damage resulting from the integration of offers from providers or must assert it against the providers. nextesy assumes no liability for all offers of providers. Any output generated by artificial intelligence represents only a probability value, but not necessarily a fact.
nextesy expressly points out that providers may have their registered office abroad (e.g. USA), where less customer-friendly liability rules, lesser or no consumer protection/product liability and a lower level of data protection may exist. The user acknowledges this and agrees to bear the corresponding risks. In particular, nextesy assumes no liability whatsoever for disputes and other proceedings that arise between users and providers.
Disclaimer of Liability
The services are provided by nextesy with standard commercial care, expertise and professionalism. The liability of nextesy is limited to intent and gross negligence; liability for slight negligence is excluded.
The liability of nextesy is limited to direct damage resulting from an intentional or grossly negligent breach of duty. Liability for consequential damage, indirect damage and loss of profit is expressly excluded.
nextesy is not liable for breaches of duty based on acts or omissions of the user, in particular if the user does not comply with their cooperation and other obligations. The user indemnifies nextesy against any liability to third parties arising from acts or omissions of the user in connection with the services.
Claims of the user against the service provider expire within twelve months after becoming aware of the damage, but at the latest after three years from the time of the event triggering the damage or breach of duty.
nextesy uses standard commercial care to ensure that the content on the platform is correct. However, nextesy cannot guarantee the completeness, quality of content and reliability of the data.
The user may only use the platform lawfully. The user is solely responsible for content that the user stores, processes or makes available to third parties using the platform.
nextesy has no monitoring or verification obligation with regard to the data and content transmitted to nextesy. Screening of content is not done systematically. If nextesy determines that a user is transmitting prohibited content to nextesy, nextesy may block the user's access to the platform at any time.
Obligations of the Users
Users commit to providing truthful information. The transmitted data must be truthful and up-to-date. nextesy does not assume any guarantee to anyone regarding the details of users and excludes all liability as well as possible resulting consequences.
The user is responsible for keeping their password and other login details confidential and is liable for all activities that take place using their account.
The user understands and accepts that nextesy may, at its own discretion, review all content that the user transmits to nextesy, in whole or in part, and/or delete it temporarily or permanently, in particular if, in the opinion of nextesy, it violates these GTC.
In particular, the following content violates these GTC:
offensive, threatening or defamatory content towards any person;
illegal content;
immoral content (pornography, depictions of violence, etc.); and
content that violates the rights or safety of third parties in any other way.
Granting of Permissions to nextesy
In connection with the transmission of their data, users grant nextesy the permission to host, store, use, modify, copy, display the content created and shared by the users and to transfer this to subcontractors abroad if this is necessary to execute the services. Furthermore, users grant nextesy the permission to use the transmitted data to develop processes and to train its own systems (e.g. automated processes and self-learning programs).
The content and processes developed based on the users' data are the intellectual property of nextesy. The intellectual property of the unchanged transmitted data itself remains with the user or the respective authors. [Users can object to the use of data for the development of processes and the training of nextesy's systems by declaring an opt-out.]
Communications
nextesy may communicate to the addresses of the users used or specified or known to nextesy via post, telephone and other electronic channels (such as video and audio channels, email etc.). nextesy applies standard commercial care when communicating with users. The date of dispatch is deemed to be the date of the copies or dispatch lists available to nextesy.
Electronic communications are deemed to be delivered as soon as they can be accessed by the user for the first time (i.e. reach their area of control). Communications intercepted by the spam filter are also deemed to be delivered. Users commit to configuring their spam filters in such a way that communications from nextesy are not blocked and to check the spam folder regularly.
Copyright
All content provided by nextesy, as well as the services and the codes and mechanisms underlying this content, are protected by copyright.
Data Protection
For the processing of personal data by nextesy, the privacy policy applies: Link.
The user guarantees that they have lawfully obtained all data transmitted to nextesy (regardless of whether this concerns the user and their corporate bodies or employees or third parties) and may lawfully process it. They further guarantee that – if necessary – the data subjects have expressly consented to the processing of the data by nextesy within the meaning of the Data Protection Act.
As the controller of the data transmitted by them, the user bears full civil, data protection, and criminal liability for lawful processing in accordance with the Data Protection Act.
Severability Clause
Should individual provisions of these GTC be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a regulation that comes closest to the economic purpose of the invalid provision. The same applies to any regulatory gaps.
Relationship to the Individual Contracts, Contradictions
The Individual Contracts concluded for the purchase of services are supplemented by these GTC. In the event of an irreconcilable conflict between one or more Individual Contracts, the provision(s) of the Individual Contracts shall prevail over the GTC.
In the event of an irreconcilable conflict between individual Individual Contracts, the provision of that Individual Contract which is more favorable to nextesy shall prevail. nextesy may determine this at its own discretion.
Applicable Law, Jurisdiction
Swiss law applies to these GTC and all Individual Contracts, excluding the conflict of law rules of private international law.
The exclusive place of jurisdiction for all disputes arising from this contract is 8000 Zurich.
Unilateral Right of Amendment by nextesy at Any Time
nextesy reserves the right to adapt the GTC at any time without prior notice, and will inform users in an appropriate form (in particular by email) about this. Users will be given a reasonable objection period of 30 days within which they can object to adaptations by terminating the GTC or Individual Contracts with nextesy.
