Terms and Conditions

Effective Date: August 20, 2025

1. Scope
These Terms and Conditions (T&Cs) govern the use of software, websites, and services provided by Parowls Software GmbH, including software development and IT consultancy. By accessing or using our services, you agree to these Terms. Additional terms may apply to specific service agreements or subscriptions.

2. Services
Parowls Software GmbH provides software solutions (e.g., Software as a Service (SaaS), custom software) and IT consultancy services, as described in written agreements or order confirmations. We aim to meet agreed Service Level Agreements (SLAs) but do not guarantee uninterrupted availability.

3. Software Licensing

  • SaaS Subscriptions: For SaaS products, we grant you a non-exclusive, non-transferable, revocable license to access and use the software during the subscription term, subject to payment and compliance with these T&Cs.
  • Custom Software: For bespoke software, ownership and usage rights are defined in the relevant contract. Unless otherwise agreed, Parowls retains all intellectual property rights.
  • Restrictions: You may not reverse-engineer, decompile, modify, or distribute our software without prior written consent, except as permitted by law (OR Art. 21).

4. User Obligations
You agree to:

  • Provide accurate and complete information for account setup and service delivery.
  • Use our services only for lawful purposes and in compliance with these T&Cs.
  • Not copy, modify, or redistribute our software or content without written consent.
  • Notify us promptly of any unauthorized use of your account.

5. Intellectual Property
All software, content, and trademarks are owned by Parowls Software GmbH or its licensors. You are granted only the rights necessary to use our services as agreed. Unauthorized use may result in termination of access and legal action.

6. Fees & Payment
Fees are specified in written agreements or order confirmations. Invoices are payable within 30 days unless otherwise stated, per OR Art. 127. Late payments may incur interest at 5% per annum (OR Art. 104).

7. Consumer Protection
If you are a consumer (an individual acting for non-commercial purposes):

  • Right of Withdrawal: For online or distance contracts, you have 14 days from contract conclusion to withdraw, as per EU Directive 2011/83/EU (if applicable in the EU) or Swiss law where mandatory. To withdraw, notify us at contact@parowls.com. Refunds will be processed within 14 days of receiving your notice.
  • Clear Information: We provide clear pricing and contract terms before purchase, as required by Swiss and EU consumer laws.
  • Dispute Resolution: EU consumers may use the EU Online Dispute Resolution platform (https://ec.europa.eu/odr).

8. Warranty

  • Software: Our software is provided “as is” unless otherwise specified in a written agreement. We warrant that software will substantially conform to agreed specifications for 90 days from delivery, subject to proper use. Remedies are limited to repair or replacement.
  • Services: Consultancy services are performed with reasonable care and skill. No additional warranties are provided unless agreed in writing.
  • Exclusions: Warranties do not cover issues caused by misuse, third-party systems, or unauthorized modifications, per OR Art. 197–210.

9. Liability
We strive to provide reliable services but exclude liability for damages to the maximum extent permitted by law, except in cases of intent or gross negligence (OR Art. 100). We are not liable for indirect, consequential, or incidental damages (e.g., loss of profits, data loss).

10. Force Majeure
Parowls Software GmbH is not liable for delays or failures in performance due to events beyond our reasonable control, including natural disasters, cyberattacks, or government restrictions. We will notify you promptly and resume performance as soon as possible.

11. Data Protection
Our handling of personal data is governed by our Privacy Policy, compliant with nFADP and GDPR.

12. Termination

  • We may suspend or terminate services if you violate these T&Cs, with notice where feasible.
  • You may terminate subscriptions or contracts subject to agreed notice periods (e.g., 30 days for SaaS).
  • Upon termination, you must cease using our software, and we may delete your data, subject to legal retention obligations.

13. Governing Law & Jurisdiction
These T&Cs are governed by Swiss law, per OR Art. 112–116. The exclusive place of jurisdiction is Zurich, Switzerland, unless mandatory consumer law provides otherwise (e.g., EU consumer rights). Parties may agree to mediation or arbitration, as permitted by Art. 7 of our Statuten.

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