Terms and Conditions (AGB) planix

1. Scope and Contracting Parties

These Terms and Conditions (“Terms”) govern the use of the Software-as-a-Service platform provided by planix (“planix”, “we”, “us”) by customers and users (“Customer”, “you”).
The platform is operated by:
Business Intelligence Schweiz AG, Bahnhofstrasse 10, 8001 Zurich, Switzerland.
By registering or using the platform, you agree to these Terms. Any deviating conditions shall only apply if expressly approved in writing by planix.

2. Subject of the Agreement

planix provides an internet-based software solution for data analysis, planning, and visualization (“SaaS Service”).
The exact scope of services is defined in the respective service description on the website or in an individual agreement.
planix may further develop, optimize, or adapt the functionality of the platform, provided that the core functionality is not materially impaired.

3. Registration and User Account

Registration is required to use the platform. The Customer agrees to provide complete and accurate information during registration and to keep login credentials secure.
The Customer is responsible for all activities performed under their account. planix assumes no liability for damages resulting from unauthorized use, unless caused by planix’s intent or gross negligence.

4. Scope of Services and Availability

planix provides the platform generally seven days a week, 24 hours a day, with an average annual availability of 97%.
Planned maintenance or system updates will, whenever possible, be announced in advance and carried out outside of peak usage hours.
planix reserves the right to temporarily interrupt the service for maintenance or security reasons.

5. Usage Rights and Intellectual Property

The Customer is granted a simple, non-exclusive, and non-transferable right to use the SaaS platform for the duration of the agreement in accordance with these Terms.
All rights to the software, source code, trademarks, and other content remain with planix or its licensors.
It is not permitted to copy, modify, decompile, sell, distribute, or make the software available to third parties without authorization.

6. Customer Obligations

The Customer agrees to use the platform only in accordance with applicable laws and these Terms.
The Customer must not upload or transmit any data or content that is unlawful, offensive, discriminatory, or poses a security risk. planix reserves the right to suspend accounts without prior notice if such violations occur.
The Customer is responsible for securing their login credentials and for any data or content uploaded to the platform.
Files containing viruses or malware are automatically detected by planix and will not be uploaded.

7. Prices, Payment Terms, and Billing

Use of the platform may be free or subject to fees depending on the selected module. The applicable prices are published on the planix website.
Invoices are payable immediately via the payment provider used by planix, unless otherwise agreed.

8. Free Use and Trial Versions

planix may offer a free trial version (“Free Trial”) with limited functionality. Use of the trial version is provided without guarantee of availability or data backup.
Customers may upgrade to paid modules at any time. planix is under no obligation to retain or transfer trial data after the trial period has ended.

9. Data Protection and Security

The protection of personal data is a top priority for planix.
Processing of personal data is carried out in accordance with the planix Privacy Policy and in compliance with the Swiss Federal Data Protection Act (FADP) and, where applicable, the EU General Data Protection Regulation (GDPR).
planix implements appropriate technical and organizational measures to protect data from loss, unauthorized access, misuse, and destruction.

9a. Customer Data, AI Processing, Inputs and Outputs

Processing and Analysis of Customer Data
The Customer grants planix the right to process, store, and analyze all data, information, and content provided by the Customer (“Customer Data”) for the purpose of fulfilling the Agreement. Such processing may include the use of automated methods, including Artificial Intelligence (AI), for data analysis, result generation, system improvement, and enhancement of the services offered.

Customer Responsibility and Rights
The Customer is responsible for ensuring that all Customer Data provided to planix has been lawfully collected and that the Customer holds all necessary rights, licenses, and permissions to allow planix to process such data in accordance with these Terms without infringing the rights of any third party.
The Customer shall indemnify and hold planix harmless from any claims by third parties arising from any unlawful use, transmission, or processing of such data.

Definition and Responsibility for Inputs and Outputs
a. “Inputs” means all data, text, files, or other information that the Customer enters or transmits through the planix platform.
b. “Outputs” means all results, analyses, texts, or other content generated by the planix platform based on the Inputs.
The Customer is solely responsible for all Inputs provided and for the use of any resulting Outputs.

Rights to Inputs and Outputs
a. The Customer retains all rights, title, and interest in and to its Inputs.
b. planix transfers to the Customer all rights, title, and interest in and to the generated Outputs, provided that such Outputs do not infringe the rights of third parties or contain licensed third-party components.
c. planix is entitled to use Inputs and Outputs in anonymized or aggregated form for the purpose of operating, improving, securing, or statistically evaluating the service, as well as for developing and enhancing its AI models. Any use of personal data will be carried out only in accordance with the applicable Privacy Policy.

10. Support and Maintenance

planix provides customer support via email or through the support portal.
Maintenance, updates, and further developments are performed regularly to ensure the security and proper functioning of the platform.

11. Liability and Warranty

planix is liable only within the limits of mandatory statutory provisions.
Any liability for slight negligence is fully excluded to the extent permitted by law.
planix shall not be liable for indirect or consequential damages, loss of profits, data loss, production downtime, or any other incidental damages, regardless of the legal basis.
planix is only liable for loss or corruption of data if such loss could not have been prevented by reasonable data protection or backup measures by the Customer.
In any case, planix’s total liability is limited to the amount of fees actually paid by the Customer during the current contractual year.
Further liability, particularly for auxiliary persons or third-party services, is excluded to the extent permitted by law.

No Guarantee of Accuracy or Completeness: planix provides analyses, evaluations, and results solely on the basis of data supplied by the Customer or publicly available sources. Such information is provided for general informational purposes only and does not constitute binding advice, recommendations, or assurances of any kind.
planix makes no warranty as to the accuracy, completeness, or timeliness of any content, analyses, or forecasts generated by the platform.
Any use or interpretation of such results is at the Customer’s own risk. planix shall not be liable, to the extent permitted by law, for any decisions or damages arising from the use of or reliance on such information.

12. Term and Termination

The Customer may delete their account at any time through their user settings.
Upon termination, Customer data will be deleted within 30 days unless statutory retention obligations apply. planix may provide a data export function upon request.

13. Changes to Services or Terms

planix may amend these Terms or the provided services at any time, provided such changes are reasonable for the Customer.
The Customer will be informed of any material changes at least 30 days in advance. Continued use of the platform after this period constitutes acceptance of the amended Terms.

14. Confidentiality

Both parties agree to treat all confidential information obtained in the course of the business relationship as strictly confidential and to use it solely for the purpose of fulfilling the agreement.
This obligation remains in force after termination of the contractual relationship.

15. Force Majeure

planix shall not be liable for failures or delays in performance caused by events beyond its reasonable control, such as natural disasters, power outages, cyberattacks, or government actions.

16. Applicable Law and Jurisdiction

These Terms are governed exclusively by Swiss law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The place of jurisdiction is Zurich, Switzerland. planix reserves the right to bring action against the Customer at their place of residence or registered office.

17. Final Provisions

If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Any amendments or additions to these Terms must be made in writing.
The current version of these Terms is published on the planix website.

planix / Business Intelligence Schweiz AG
Bahnhofstrasse 10
8001 Zurich
Switzerland