Terms of Service

These Terms of Service (“Terms of Service”) govern the use of the software-as-a-service platform of planix (“planix”, “we”, “us”) by customers and users (“customer”, “you”). The platform is operated by:

Bineo Systems GmbH
Stauberbergstrasse 15
8610 Uster, Switzerland

By registering or using the platform, you accept these Terms of Service. Deviating terms apply only if they have been confirmed by planix in writing.

planix offers a software solution for data evaluation, planning and visualisation (“SaaS service”) via the internet. The specific scope of services results from the respective description of services on the website or in the individual contract. planix may further develop, optimise or adapt the functional scope of the platform, provided that the core functionality is not materially impaired thereby.

Registration is required in order to use the platform. The customer undertakes to provide complete and correct information upon registration and to keep his access credentials secure. The customer is responsible for all activities carried out via his account. planix accepts no liability for damage arising from unauthorised use, provided that planix is not at fault.

planix makes the platform available in principle seven days a week, 24 hours a day, with an average annual availability of 97%. Scheduled maintenance work or system updates are – as far as possible – announced in advance and preferably carried out outside peak usage times. planix is entitled to interrupt the service at short notice for security or maintenance reasons.

For the duration of the contract the customer is granted a simple, non-exclusive and non-transferable right to use the SaaS platform in accordance with these Terms of Service. All rights in the software, in the source code, in the trade mark and in any other content remain with planix or its licensors. It is not permitted to copy, modify, decompile, sell or pass on the software, or to make it accessible to third parties without authorisation.

The customer undertakes to use the platform only within the framework of the statutory provisions and these Terms of Service. He may not enter any data or transmit any content that is unlawful, insulting, discriminatory or a threat to security. In such cases planix reserves the right to block the account without the customer’s consent. The customer is responsible for safeguarding his access credentials and for the content that he enters or uploads to the platform. Files containing viruses or malware are automatically detected by planix and are not uploaded.

Use of the platform is free of charge or subject to a fee, depending on the module selected. The prices applicable at any given time are stated on the planix website. Invoices are payable immediately via planix’s payment service provider, Stripe, unless otherwise agreed. Stripe’s terms also apply to payment processing.

planix may offer the customer a free trial version (“free trial”). The scope of services is limited in this case, and use takes place without any guarantee of availability or data backup. In addition, the customer may subscribe to chargeable modules. planix is not obliged to store or transfer trial data after expiry of the trial period.

The protection of personal data is of the highest priority for planix. Personal data is processed in accordance with the privacy policy of planix and in compliance with the Swiss Federal Act on Data Protection (FADP) as well as – to the extent applicable – the GDPR. planix takes appropriate technical and organisational measures to protect data against loss, unauthorised access, misuse and destruction.

Processing and analysis of customer data
The customer grants planix the right to process and store all data, information and content transmitted by the customer (“customer data”) within the scope of the performance of the contract and to analyse it by automated means, including artificial intelligence (AI). This processing serves in particular the purposes of data analysis, preparation of results, system improvement and further development of the functions offered.

Responsibility and rights of the customer
The customer is responsible for ensuring that all customer data provided by him has been collected lawfully and that he holds all necessary rights, licences and authorisations enabling planix to process such data in accordance with these Terms of Service without infringing the rights of third parties. The customer indemnifies planix against all third-party claims arising from any unlawful use, transmission or processing of such data.

Interaction with an AI system
Interaction in the workspace takes place with an AI system: answers, follow-up questions and suggestions are generated automatically by artificial intelligence, not by humans. planix points this out before the first interaction.

Definition of and responsibility for inputs and outputs
a. “Inputs” means all data, texts, files or other information that the customer enters or transmits via the planix platform.
b. “Outputs” means the results, analyses, texts or other outputs generated by the planix platform on the basis of the inputs. The customer is solely responsible for the inputs provided by him and for the use of the resulting outputs. Outputs may contain errors (see section 11).

Rights in inputs and outputs
a. The customer retains all rights, title and interest in his inputs.
b. planix assigns to the customer all rights, title and interest in the generated outputs, to the extent that these do not infringe the rights of third parties or contain components subject to licence.
c. planix does not use inputs and outputs to train artificial intelligence models. Evaluation in anonymised or aggregated form is permitted in order to operate, secure, improve and statistically evaluate the service. Any use relating to persons takes place only in accordance with the privacy policy.
d. For language models, planix uses external providers who contractually undertake not to use transmitted content for training. planix is liable for the providers’ compliance with this undertaking only to the extent mandatorily required by law.

planix offers support by e-mail or via the support portal. Maintenance work, updates and further developments are carried out regularly in order to ensure the security and functionality of the platform.

planix can make mistakes. The content of the platform – in particular analyses, assessments, texts, key figures, forecasts, documents and recommendations – is generated wholly or partly automatically and with the help of artificial intelligence. It may be incomplete, outdated, misleading or incorrect. The customer must review all content himself before using it. Under no circumstances does planix accept any liability for the content of the platform. The only exception is mandatory statutory liability (Art. 100 of the Swiss Code of Obligations), in particular for unlawful intent and gross negligence.

planix is liable exclusively within the scope of the mandatory statutory provisions. Liability for slight negligence is excluded in full to the extent permitted by law. planix accepts no liability for indirect damage, consequential damage, loss of profit, loss of data, production downtime or other indirect damage, on whatever legal grounds. planix is liable for the loss or corruption of data only to the extent that such loss or corruption could not have been avoided by appropriate data backup or precautionary measures on the part of the customer. In any event, the liability of planix is limited to the amount of the fees actually paid by the customer in the current contractual year.

No claim to substantive accuracy or completeness: planix provides analyses, assessments and results exclusively on the basis of the data provided by the customer or publicly available data. This information serves solely for general orientation and does not constitute binding information, a recommendation or a guarantee. planix gives no warranty as to the accuracy, completeness or currency of the content, evaluations or forecasts generated by the platform.

No guarantee of success for business ideas and projects: planix does not owe any economic success. Whether a business idea, a product, a project or the formation of a company succeeds on the market depends on a multitude of circumstances that planix neither knows nor is able to influence. All assessments, key figures, test results, recommendations and decision proposals are non-binding appraisals and not an assurance of suitability, marketability or profitability. The customer takes the decision to pursue, modify, finance or abandon a business idea entirely at his own responsibility. Any liability of planix for a failure to achieve success, for lost profits or opportunities, misinvestments, expenditure of time as well as for all damage arising from the implementation or non-implementation of a business idea or project is excluded in full to the extent permitted by law. This applies even if the assessment made by planix subsequently proves to be inaccurate.

The content of the platform does not replace legal, tax, financial or business advice. Expert advice should be obtained before taking decisions of material legal or economic significance.

The customer may delete his profile at any time in his settings. Upon termination of the contract, customer data is erased within 30 days, provided that no statutory retention obligation exists. planix may provide a data export function upon request.

planix may amend these Terms of Service or the services offered at any time, provided that the changes are reasonable for the customer. The customer will be informed of material changes at least 30 days in advance. If the customer does not object within this period, the changes are deemed to have been accepted.

Both parties undertake to treat all confidential information received in the course of the cooperation as strictly confidential and to use it exclusively for the performance of the contract. This obligation continues to apply after termination of the contractual relationship.

planix is not liable for outages or delays in performance caused by events outside its sphere of influence, e.g. natural disasters, power failures, attacks on IT systems or measures taken by public authorities.

These Terms of Service are governed exclusively by Swiss law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction is Uster, Switzerland. planix is nevertheless entitled to bring proceedings against the customer at his registered office or domicile.

Should individual provisions of these Terms of Service be invalid or unenforceable, the validity of the remaining provisions remains unaffected. Amendments or supplements to these Terms of Service must be made in writing. The version in force at any given time is published on the planix website.

Bineo Systems GmbH
Stauberbergstrasse 15
8610 Uster