Scope and definition
These General Terms and Conditions ("GTC") apply to the use and operational support of the Collaboard software program (the "Collaboard"), which is produced by IBV Informatik, Beratungs und Vertriebs AG, Stallikerstrasse 1a, 8906 Bonstetten, Switzerland (hereinafter "IBV") and made available as a software-as-a-service (hereinafter "SaaS") via the Internet.
IBV owns and operates the platform www.collaboard.app. Collaboard is an advanced digital whiteboard, which was developed as a web and native OS application for efficient agile collaboration by IBV.
These Terms and Conditions apply to the above-mentioned areas as well as to the other services that IBV provides directly and indirectly to the customer in connection with Collaboard.
Subject of the contract
The subject of the contract is:
(1) the provision of Collaboard software listed at www.collaboard.app for use via the Internet
(2) and the storage of customer data.
Conclusion of the contract
(1) The conclusion of the contract comes about through the commissioning and use of Collaboard. Thus, the customer accepts the Terms and Conditions and undertakes to use the Collaboard platform exclusively in accordance with these Terms and Conditions.
(2) Access to use (commissioning) of the Collaboard software requires registration and login.
(3) With the order of a chargeable service, the registered user enters into a further contractual relationship with IBV which is separate from the registration. The user will be informed about the respective chargeable service and terms of payment before conclusion of this contractual relationship. The contractual relationship is created when the customer confirms the order and payment obligation by clicking the button "Buy".
Duration of contract and termination
(1) The contractual relationship begins with the customer's login and registration.
(2) A user who has registered for a free service is entitled, with reservation, to cancel his registration at any time without giving a reason in writing, by post, e-mail or telephone. At the same time, there is the possibility to deactivate the user account completely and personally within the data and settings of the user account. The previously closed relationship is thereby terminated.
(3) If the user has registered for a chargeable service (with subscription), the contract period corresponds to the period agreed between the user and IBV. This corresponds to the service period set in advance.
(4) Monthly subscriptions are concluded for an indefinite period and can be cancelled by either party. The notice period is 1 month (at the end of each month).
(5) Annual subscriptions are taken out for 1 year and can be cancelled with 1 month's notice.
(6) A fee-based service is automatically extended by the respective booked period (subscription), unless it is cancelled by telephone, e-mail or letter.
(7) In addition, both parties are entitled to terminate the contract for good cause. Good cause shall be deemed to exist if, taking into account all circumstances of the individual case and weighing the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the end of the agreed term or until the expiry of a notice period (e.g. if the user violates legal provisions or these GTC, or causes damage to other users or Collaboard).
(8) Upon termination of the contractual relationship, all user data will be deleted by Collaboard.
Prices and payment methods
(1) The customer undertakes to pay IBV the amount agreed in accordance with his subscription plus VAT for the provision of software.
(2) Subject to other offers, all prices are in Euro (EUR). All prices are stated exclusive of any applicable value added tax (VAT).
(3) IBV reserves the right to change the prices at any time. The prices on the website www.collaboard.app valid at the time of conclusion of the contract shall apply.
(4) Payment is made via the external platform Stripe www.stripe.com. IBV is not responsible for payment transactions.
(5) Certain payment methods can be excluded from Stripe in individual cases.
(6) The general terms and conditions of Stripe can be found here (link).
(7) The user is not allowed to pay for the service by sending cash or cheques.
Software transfer and right of use
(1) IBV shall provide the user with the Collaboard software solution in the latest version for the duration of the contract via the Internet for use. For this purpose, stores IBV the software on a server which is accessible to the user via the internet.
(2) The user receives a simple (non-sublicensable and non-transferable) right to use the software, limited to the term of this agreement.
Responsibility of the user
(1) The user is responsible for the use of the Collaboard platform.
(2) The user is responsible for all data that the user and/or the third party communicated with him/her transfers or allows to be processed or provides for retrieval.
(3) Illegal information, in particular depictions of violence, discrimination, pornography, incitements to violence or criminal acts, copyright infringement etc., are strictly prohibited.
Rights of the user to the data
(1) In any case, the user remains the sole owner of the data collected, generated, and processed using the Collaboard platform.
(2) Thus, the user has the right to demand the release of the data at any time.
(3) The publication is made by electronic transmission of the data.
(4) However, the user is not entitled to receive the software suitable for the use of the data, in particular Collaboard.
An upgrade from a smaller to a larger package is possible at any time.
(1) IBV provides the Collaboard software for use in the current state available on the website.
(2) Warranty of any kind is excluded.
(3) IBV warrants that it has developed the Collaboard Platform itself and that it has acquired and substantiated all corresponding industrial property rights.
Maintenance conditions and service level
(1) IBV continuously develops the Collaboard platform and improves it through continuous updates. The current range of functions can be found in the functional description on the website www.collaboard.app.
(2) IBV reserves the right to further developments and performance changes in the course of technical progress and performance optimisation. The user will be informed in case of essential changes in performance.
(3) When Collaboard is updated, IBV grants the user the corresponding rights for the new version.
(4) IBV ensures that the availability of Collaboard for users is 99% on an annual average. The Internet connection from the user side is the responsibility of the user. This is not part of IBV's scope of services. The downtime is calculated from the sum of the fault clearance times per year. Excluded from this are those periods of time which IBV or hosting service providers of IBV mark as maintenance windows for optimisation and performance increase as well as loss of time for fault clearance due to reasons which are not to be represented by IBV and failures due to force majeure.
(5) Users must report any disruptions in the availability of Collaboard. Support hours are available to users during the business hours published on the www.collaboard.app website. In the case of malfunction reports received within the support hours, the fault clearance will begin within 2 hours. For fault reports received outside support hours, fault clearance begins on the following working day. Delays in fault clearance for which the user is responsible are not counted towards the fault clearance time.
The user acknowledges the industrial property rights, in particular IBV's copyright in the Collaboard platform and documentation. The user shall not be entitled to make this software available for use by third parties, whether for a consideration or free of charge, or to sublet it and/or use it outside the scope of the contractual relationship with IBV, or to dispute IBV in any way.
Cancellation policy for consumers
(1) You have the right to revoke this contract within fourteen days without giving reasons.
(2) The revocation period is 14 days from the day of the conclusion of the contract. In order to exercise your right of revocation, you must inform us by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this contract. Your revocation must be sent to the following address:
IBV Informatik, Beratungs und Vertriebs AG
8906 Bonstetten, Switzerland
(3) In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
(4) Consequences of revocation: If you revoke this contract, we must reimburse you for all payments that we have received from you immediately and at the latest within fourteen days from the day on which we receive notification of your revocation of this contract. We will use the same means of payment that you used for the original Transaction for the repayment, unless expressly agreed otherwise with you; in no event will we charge you any fees for this repayment.
(1) By accepting the general terms and conditions, the user simultaneously agrees to the data protection declaration as well as the data processing agreement in the currently valid version.
(2) These are available on the Collaboard website www.collaboard.app.
(3) The user declares that he has taken note of both.
Limitation of liability
(1) IBV accepts no responsibility for the content and accuracy of the information in the user's login and profile data. The user is completely and solely responsible for the content of the data entered into the software by him and/or the other authorised users or generated by the software. In this respect IBV does not check these data.
(2) IBV shall only be liable for damages resulting from injury to life, body or health if they are based on an intentional or negligent breach of duty by IBV or an intentional or negligent breach of duty by a legal representative or vicarious agent of IBV.
(3) IBV shall only be liable for such damages, unless they are based on the violation of cardinal obligations (such obligations the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely), if they are based on an intentional or negligent violation of obligations by IBV or an intentional or grossly negligent violation of obligations by a legal representative or vicarious agent of IBV.
(4) The claims for damages are limited to the foreseeable damage typical for the contract. In the event of delay, they shall amount to a maximum of 5% of the order value.
(5) In case of suspicion of a violation of law, IBV reserves the right to check the content of a text written by a user as well as uploaded files for the preservation of law and justice and, if necessary, to delete it completely or partially.
Applicable law and place of jurisdiction
(1) The parties agree that the law of the Swiss Confederation shall apply to all legal relationships arising from this contractual relationship. The application of the United Nations Convention on the International Sale of Goods is excluded.
(2) The place of jurisdiction shall be at the registered office of IBV.
These General Terms and Conditions may be amended by IBV at any time. The new version comes into force by publication on the website www.collaboard.app.
In principle, the version of the General Terms and Conditions that is in force at the time of the conclusion of the contract shall apply to customers, unless the customer has agreed to a more recent version of the General Terms and Conditions.
Should a provision of the contract be or become invalid, this shall not affect the validity of the contract in other respects. The contracting parties undertake to replace the invalid provision by a provision which comes closest to the economic intention. The same applies if a gap in the regulations should become apparent.
Version 1.1 - Valid from 9 June 2020