Terms of Service

1. Scope and Components of the Contract

These Terms apply to all contracts between Kundenbox and its customers ("Customer") regarding the use of the Kundenbox platform. Kundenbox is aimed at businesses and is not intended for consumers.

The components of the contract are, in this order of precedence: any individual agreement, the details of the subscription and prices shown when ordering, and these Terms. An individual agreement requires a document signed by both parties or expressly confirmed as an amendment to the contract; an ordinary email, such as information given in support, is not sufficient for this. For the processing of personal data on behalf of the Customer, the section «Data Processing on Behalf of the Customer» takes precedence over the other provisions of these Terms. How we process personal data is described in our privacy policy.

Deviating terms and conditions of the Customer do not apply unless we have expressly agreed to them in writing.

Anyone who accepts these Terms on behalf of a company or other legal entity represents that they are authorised to bind it to these Terms.

2. Description of Services

Kundenbox is a software-as-a-service platform for trade and installation businesses. Depending on the subscription, it includes in particular the management of the Customer's own customers, objects, installations and orders, the creation of quotes, invoices and Rapporte, time tracking and job scheduling, an inbox for email and other channels, features for accounting, payroll and HR, a website builder, AI-assisted features and interfaces to third-party services.

The specific scope of features results from the chosen subscription and the details of features, number of users and prices shown when ordering. Descriptions, illustrations and advertising statements on our website do not constitute warranted characteristics; only what is individually agreed is warranted. Where and by whom data is processed is governed by the privacy policy.

Features not included in the chosen subscription are not available. If the Customer switches to a subscription with a smaller scope, the data of the features no longer included remains stored and becomes fully available again as soon as the Customer chooses a subscription with these features. Until then, it can no longer be edited. Accounting and payroll data remains readable; certain other areas, such as the HR area, can no longer be viewed until then.

We continuously develop the platform and may add, modify or discontinue individual features, provided that the essential features of the chosen subscription are preserved.

3. Conclusion of Contract and Right to Refuse

There is no entitlement to conclude a contract with Kundenbox or to use the services. We may refuse registrations, orders and requests at our sole discretion and without giving reasons.

A contract is concluded only once we confirm the registration or order or activate access to the services. Until then, we may close an account at any time without giving reasons.

We may terminate or decline to renew existing contracts as of the end of the current billing period without giving reasons, and free accounts outside a trial period with 30 days' notice. The rights to suspend access and to terminate for cause under these Terms remain reserved.

4. Free Trial

If we offer a free trial, the duration stated at registration or on our website applies. No payment details are required for the trial, and it does not automatically convert into a paid subscription.

After the trial ends, the recorded data remains readable; a subscription is required for new entries and changes. If the Customer takes out a subscription during the trial, the obligation to pay begins at the end of the trial; if less than 48 hours of the trial remain when the subscription is taken out, it begins immediately.

During the trial, we provide the platform without warranting any particular characteristics and without entitlement to support.

5. Account, Users and Access Credentials

Use of Kundenbox requires an account. When registering, the Customer provides truthful and complete information and keeps it up to date, in particular the email address to which we send notices and invoices.

The Customer determines who is given access to its account and with which role, including external persons such as fiduciaries. Each access is personal; access credentials may not be shared with other persons. The Customer is responsible for all actions carried out through the access of its users.

Personal access keys used to connect the Customer's own programs or AI applications to Kundenbox must be kept secret. If the Customer connects such an application, the data queried through it reaches the provider of that application at the Customer's instigation; the Customer is responsible for this.

If there is a suspicion that an access is being used without authorisation, the Customer informs us immediately. We may block or reset the access concerned.

6. Customer Data

All data that the Customer records, receives or processes via Kundenbox, including requests from its customers, messages, Belege and attachments, belongs to the Customer. The Customer grants us only the rights necessary to process this data in order to provide our services.

The Customer is responsible for the lawfulness, accuracy and content of the data that it and its users record, upload or send. For personal data of its customers, contact persons and employees, the Customer is the controller within the meaning of data protection law and informs the data subjects about the processing.

We back up the data regularly. Fulfilling its statutory retention obligations, in particular under Art. 958f CO, remains the Customer's responsibility; the Customer additionally backs up business-critical data using the platform's export functions.

7. Data Processing on Behalf of the Customer

Insofar as we process personal data on behalf of the Customer when providing our services, we are a processor within the meaning of Art. 9 FADP and, where applicable, Art. 28 GDPR; the Customer is the controller. This section is the data processing agreement. The subject matter of the processing is the storage, display, sending and analysis of the data that the Customer records or receives in Kundenbox, for the purpose of the agreed services. The data subjects are in particular the Customer's customers and their contact persons, its employees and apprentices, and the senders of incoming messages. The data processed includes in particular contact and address data, order, Beleg and payment data, messages and attachments, photos, working hours and absences, and payroll and personnel data, including sensitive personal data. Details are set out in the privacy policy. The processing lasts as long as the contract and, insofar as we still retain data thereafter, until that data is deleted.

We process this data only to provide the services and in accordance with the Customer's instructions. This contract and the settings and actions of the Customer and its users in the platform constitute instructions. If accounts, contacts, orders or installations are permanently deleted in the trash, we hide them in the platform but do not remove them from the database, so that accounting and Belege remain traceable; their attachments also remain in the file storage. We delete these entries on the Customer's written instruction, insofar as we are not subject to a statutory retention obligation. If the law requires us to process the data otherwise, we notify the Customer in advance, unless the law prohibits this. If we consider an instruction to be unlawful, we notify the Customer.

Persons on our side who have access to this data are bound to confidentiality. We access a Customer's data only insofar as this is necessary for support, troubleshooting, operation or security of the platform, or the Customer asks us to. If we sign in to the Customer's account for this purpose, a record is kept of who it was and when. Only persons authorised by us to do so have direct access to the database.

We take appropriate technical and organisational measures to protect the data (Art. 8 FADP, Art. 32 GDPR), in particular encrypted transmission, separation of data per customer, role-based access rights and regular data backups. We adapt them to the state of the art.

The Customer approves the engagement of the services listed as recipients in the privacy policy, insofar as they act on our behalf. Services that the Customer connects or switches on itself are engaged on its instructions. We add to this list any new or different processor that receives the Customer's data without the Customer connecting it itself, and notify the Customer of this by email or in the platform, both before the processor receives the Customer's data. The Customer may object within 30 days of this notification for important reasons under data protection law. If we cannot find a solution, the Customer may terminate the contract as of the end of the following month. We contractually bind our processors to data protection obligations equivalent to this section and are answerable to the Customer for their compliance insofar as the law requires. We transfer data abroad only if adequate protection exists there or appropriate safeguards are in place; the privacy policy names the states and safeguards.

We support the Customer to a reasonable extent with requests from data subjects, with ensuring data security, with notifications to authorities and to data subjects, with data protection impact assessments and with prior consultations of the supervisory authority. We forward to the Customer any requests from data subjects that reach us. We inform the Customer of a data security breach affecting its data without delay, and at the latest within 72 hours of becoming aware of it. We may charge for our effort for support that goes beyond individual requests.

On request, we provide the Customer with the information necessary to demonstrate compliance with this section. If this is not sufficient or an authority requires it, the Customer may request an audit by a professional who is bound to confidentiality and is not a competitor of ours, with at least 30 days' advance notice, on a mutually agreed date, without access to other customers' data and, except where there is a specific reason, no more than once a year. The audit is carried out primarily on the basis of documents and remotely; for the systems of our processors, their reports and certificates apply. The Customer bears the costs of the audit, including our effort at customary rates, unless the audit reveals a material breach.

What happens to the data after the end of the contract is governed by the section «Data After the Contract Ends».

8. Confidentiality

Both parties treat confidential information of the other party that they receive under the contract, in particular trade secrets, data about customers and employees, prices and conditions, as confidential and use it only to perform the contract. This obligation applies for the duration of the contract and for three years thereafter, and without time limit for personal data and trade secrets.

Information is not confidential if it is publicly known or if a party has developed it independently or lawfully received it from third parties. Disclosure is permitted insofar as required by law, an authority or a court, and to advisers, processors, collection agents, acquirers of a receivable and a company to which the contract is or is to be transferred under the final provisions, provided they are bound to confidentiality.

We may use usage and operating data in aggregated form that does not allow any conclusions to be drawn about the Customer or individual persons to operate and further develop our services. Naming the Customer as a reference under the section «Intellectual Property and References» does not breach this obligation. If the Customer came to us through our referral programme, the referring party learns whether and since when the Customer has been a customer, and the amount credited to the referring party as a result.

9. Acceptable Use, Sending and Content

Kundenbox may not be used to send unlawful, abusive or unsolicited communications (spam), to infringe third-party rights, to distribute malware or to disrupt the operation of the platform.

It is prohibited to gain unauthorised access to our systems, to reverse engineer the platform, or to resell access to the services or make it available to third parties without our prior written consent.

The Customer is the sender of the messages it sends via Kundenbox, including the automatic messages that the platform sends in its name, such as the AI's replies and follow-up questions to a request, order confirmations after a quote has been accepted, appointment reminders, quote follow-ups or requests for a review. This also applies to features that are switched on from the start; the Customer can see in the settings which features these are and how to switch them off. The Customer is responsible for the content and lawfulness of these messages, in particular for ensuring that the recipients have consented where the law requires it (Art. 3 para. 1 let. o UCA). When using connected channels such as WhatsApp or an email provider, the Customer also complies with the terms of those providers.

We give no guarantee of delivery. If the Customer sends messages via our sender addresses and domains or via a WhatsApp number provided by us, we may limit the volume of sending and suspend it without prior notice if bounces, complaints or notices from the provider suggest this, so that delivery is maintained for all customers. We inform the Customer of this and lift the measure as soon as the reason no longer applies. There is no entitlement to a WhatsApp number provided by us.

The Customer indemnifies us against third-party claims based on its content or on a use of the platform in breach of contract for which it is responsible, and reimburses us for the reasonable costs of legal defence. We inform the Customer of such claims without delay, do not acknowledge them without its consent and, at its request, leave the defence to it insofar as this is legally possible.

If there is a well-founded suspicion that the Customer's content is unlawful or infringes third-party rights, in particular following a notice from an authority, a court or an affected person, we may block or remove this content immediately. We inform the Customer of this, unless an authority prohibits it, and lift the block as soon as the suspicion has been dispelled.

In the event of serious or repeated breaches of these Terms, we may block or restrict access.

10. Websites Built with the Website Builder

Websites that the Customer creates with the website builder are the Customer's websites. The Customer is responsible for their content and warrants that it holds the rights to the texts, images and logos that it provides or that are taken over from its previous website. The Customer reviews texts and images suggested by the platform before publication.

The platform generates the legal notice and the privacy notice from a template and the Customer's company details. The Customer reviews them before publication, keeps its details up to date and informs us if the privacy notice is not accurate for its website.

If the Customer uses its own domain, it remains responsible for its registration, renewal and settings with the domain provider.

We provide the websites for the duration of the contract. After a trial without a subscription has ended, and after the end of the contract, we may take them offline. We do not owe any particular discoverability or ranking in search engines. We deliver requests received via a contact form on the website to the Customer in the platform; we process the personal data they contain as the Customer's processor, and the section «Data Processing on Behalf of the Customer» applies.

11. Third-Party Services, Interfaces and Licences

Kundenbox connects third-party services, such as email and calendar services, accounting and CRM software, wholesalers, payment services and platforms of authorities and associations. In relation to the Customer, their use is governed by the terms of the respective provider. If the Customer stores its own access credentials for such a service, we act in its name and at its instigation.

To the extent permitted by law, we give no guarantee and accept no liability for the availability and services of third-party providers or for the accuracy of their data, such as article and price data. If a third-party provider changes or discontinues its service, or if its connection becomes unreasonable for us, we may adapt or discontinue the interface.

The Customer may use licensed content, such as the CRB standards (NPK, BKP, eBKP) or the data of A. Steiger AG, VSAS and ELDAS, only with its own valid licence from the respective provider. The Customer complies with that provider's licence terms. If the licence ends, we may block access to this content.

If the Customer offers its customers payments via Stripe, for example with TWINT, the contract for this payment service is concluded directly between the Customer and Stripe, and the payments go to the Customer's own Stripe account. Kundenbox is not a payment service provider and is not liable for payouts, chargebacks or fees of Stripe.

12. AI Features, Automated Processes and Responsibility for Documents

AI-generated content, such as reply suggestions, summaries, draft quotes, price suggestions, details read from Belege and the classification of incoming messages, serves as assistance and may contain errors. The Customer reviews it before relying on it or sending it. Actions that a user confirms on the assistant's suggestion are deemed actions of the Customer.

The same applies to processes that the platform carries out on its own according to the Customer's settings, including the default settings, such as creating orders from incoming requests, sending follow-up questions to the persons making requests, or recording the acceptance of a quote declared by email and sending the order confirmation. The Customer reviews their results; where the platform provides for it, the Customer can switch such processes off in the settings.

To keep the platform available for all customers, we may technically limit usage to a reasonable extent, in particular the number of requests to the assistant and to the interfaces connected through personal access keys. If usage significantly exceeds the usual level, for example for the AI features, storage space or the sending of messages, we may also restrict it; we inform the Customer in advance where the situation allows.

The Customer remains responsible for documents it creates with Kundenbox, such as invoices, VAT returns, payslips, salary certificates, debt enforcement requests, and measurement and safety certificates: for their accuracy, their review and their timely submission. Kundenbox does not provide legal, tax, fiduciary or payroll advice; the platform's templates and calculations do not replace professional review.

13. Availability, Maintenance and Support

We strive to provide high availability of the platform but do not guarantee uninterrupted or error-free operation. Planned maintenance will be announced in advance where reasonably possible. Commitments regarding availability or response times apply only if individually agreed.

Support is provided via the channels and within the scope provided for the Customer's subscription. Support for third-party services is not included.

14. Fees and Payment

Prices, billing periods and payment terms are based on the chosen subscription as shown when ordering or as individually agreed. Fees generally depend on the number of users and are adjusted automatically when users are added or removed. We charge additional costs arising from additional users or a change of subscription immediately on a pro rata basis; we credit reduced costs to the next invoice, and no refund is made. We charge usage-based fees in arrears.

Kundenbox is currently not subject to VAT; prices are final prices and no VAT is shown. If we become subject to VAT, statutory VAT will be added to the prices from the next billing period; we will announce this at least 30 days in advance. This does not constitute a price increase within the meaning of this section.

Unless agreed otherwise, fees are due in advance for the respective billing period. Payment is made via our payment service provider or, if agreed, against invoice. If a payment deadline is agreed or stated on the invoice, the Customer is in default upon its expiry without a reminder; if a charge via our payment service provider fails, upon receipt of our payment request. Default interest is 5% per annum. If payment is not made, we may restrict access to read-only until payment is received; the fees remain owed. We may engage third parties to collect the debt or assign the receivable to them.

The Customer notifies us of any objections to an invoice within 30 days of receiving it; thereafter the invoice is deemed approved.

We may adjust our prices with effect for the next billing period by giving at least 30 days' notice. If the Customer does not agree to a price increase, it may terminate the contract as of the effective date of the change.

15. Intellectual Property and References

All rights to the Kundenbox platform, including software, design and trademarks, remain with Kundenbox or the respective licensors. The Customer receives a non-exclusive, non-transferable right to use the platform for the duration of the contract within the scope of these Terms.

We may use feedback and suggestions for improvement that the Customer provides to us to improve our services without obligation or compensation.

We may name the Customer as a reference with its name and logo. The Customer may object to this at any time by notifying us.

16. Warranty and Liability

Kundenbox is provided with the care customary in the industry. To the extent permitted by law, we disclaim any further warranty, in particular for fitness for a particular purpose.

We are liable without limitation for damage we cause intentionally or through gross negligence, and for personal injury. Otherwise, to the extent permitted by law, our liability is excluded for damage caused by slight negligence and for indirect and consequential damage, loss of profit and loss of data.

Insofar as we are nevertheless liable in these other cases, our total liability is limited to the fees paid by the Customer in the twelve months preceding the event giving rise to the damage.

For auxiliary persons whom we engage to provide our services, such as hosting, infrastructure and communication service providers, we are liable, to the extent permitted by law (Art. 101 para. 2 CO), only for their careful selection and instruction; for the data protection obligations of our processors, the section «Data Processing on Behalf of the Customer» applies. We are not liable for outages and delays attributable to events beyond our control, such as disruptions at data centres, network operators or third-party providers, attacks despite appropriate protective measures, force majeure or official orders.

For third-party services and data, the section «Third-Party Services, Interfaces and Licences» also applies. Mandatory statutory liability provisions remain reserved.

17. Term and Termination

A subscription runs for the chosen billing period, monthly or annually, and is automatically renewed for a further period unless it is terminated as of the end of that period. Individual agreements on a fixed term remain reserved.

The Customer may terminate its subscription at any time as of the end of the current billing period, via the subscription management in the platform or by notifying us. If the Customer terminates in this way, fees already paid for the current period are not refunded. If the contract ends before the end of a prepaid period through termination due to a price increase, a change to these Terms or a new processor, or through termination by the Customer for good cause for which Kundenbox is responsible, we refund the fees paid for the remaining time on a pro rata basis.

The right of both parties to terminate without notice for good cause remains reserved. Good cause exists for us in particular if the Customer is in default with payments amounting to at least one monthly fee, or, with annual billing, one twelfth of the annual fee, and does not pay within a grace period of 14 days either; if bankruptcy proceedings are opened against the Customer or it applies for a debt restructuring moratorium; if it seriously breaches these Terms; or if it uses the platform for criminal acts.

18. Data After the Contract Ends

After the end of the contract, the Customer's account remains readable for at least twelve months: the Customer can view and print its data and export it through the platform's export functions, but can no longer make new entries or changes. On request, we provide further exports within a reasonable period; we may charge for the effort involved. There is no entitlement to a particular format or to the software with which the data can be used further.

On the Customer's written instruction, we delete its data insofar as we are not subject to a statutory retention obligation. No earlier than twelve months after the end of the contract, we may end read access and delete the data, after announcing this by email at least three months in advance. Fulfilling its statutory retention obligations remains the Customer's responsibility; it backs up its data in good time. We do not delete copies in backups of the database and the file storage, or in logs and error reports of our processors, individually; they expire in the fixed cycle of the respective backup or service and are no longer processed until then.

If the owner of a sole proprietorship dies, we may, upon proof of their entitlement, grant authorised persons, such as heirs, executors or fiduciaries, access to the data or transfer the account to them. If the entitlement is unclear or several persons assert conflicting claims, we may refuse to do so until the entitlement has been clarified.

19. Changes to these Terms

We may amend these Terms, for example to reflect changes in our services or in the legal situation. We notify the Customer of every change at least 30 days before it takes effect, by email or in the platform, and in doing so point out the effective date, the Customer's right to terminate and the consequence if it does not terminate. We may make changes that solely benefit the Customer or are purely linguistic without notice.

If the Customer does not agree with a change, it may terminate the contract as of the date the change takes effect. If it does not terminate, the amended Terms are deemed accepted from the date they take effect. Price changes are governed by the section «Fees and Payment».

20. Final Provisions

We send notices either by email to the address stored in the account or in the platform. A notice sent to the most recently provided email address is deemed received. The Customer may send us notices, instructions and consents under these Terms, including terminations, by email to the address given below.

We may transfer this contract with all rights and obligations to Kundenbox GmbH or another company that takes over the business of Kundenbox; the Customer hereby consents to this transfer in advance. We will inform the Customer of it. The Customer may transfer the contract only with our written consent.

Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions remains unaffected. The invalid provision is replaced by a valid one that comes as close as possible to its economic purpose.

These Terms are published in several languages. In the event of discrepancies between the language versions, the German version prevails.

21. Governing Law and Jurisdiction

These Terms and all contracts subject to them are governed by Swiss substantive law, excluding its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

The exclusive place of jurisdiction for all disputes arising out of or in connection with these Terms and the contracts subject to them, including their conclusion, validity and termination, is Kloten, Canton of Zurich. Kundenbox may also sue the Customer at its registered office. Mandatory statutory places of jurisdiction remain reserved.

22. Contact

If you have questions about these Terms, please contact us:

Patrick Lauber, Kundenbox, Reutlenring 15, 8302 Kloten, Switzerland

Email: legal@kundenbox.ch