Terms of Service
1. Scope
These Terms of Service govern the use of the Azai Elevate software platform (the “Platform”) provided by Azai AG, Wisentalstrasse 7a, 8185 Winkel, Switzerland (the “Provider”).
The Platform provides a cloud-based project management solution for companies in the construction and real estate sectors.
Use of the Platform is intended exclusively for companies and commercial users (B2B).
By registering for or using the Platform, the customer agrees to these Terms of Service.
2. Description of Services
The Provider offers a cloud-based software solution that includes, in particular, the following features:
- management of construction projects
- documentation of project progress
- communication between project participants
- document management
- reporting and analytics
The exact scope of features depends on:
- the selected license model
- the currently available features of the Platform
The Provider reserves the right to further develop or modify Platform features, provided that the essential contractual purpose is not impaired.
3. Registration and User Accounts
Use of the Platform requires the creation of a user account.
The customer undertakes to:
- provide accurate and complete information
- keep access credentials confidential
- prevent access by unauthorized third parties
The customer is responsible for all activities carried out through its user account.
4. Use on Behalf of a Company
By registering, the user confirms that they are authorized to use the Platform on behalf of the company or organization for which the account is created.
The company shall be deemed the contractual partner of the Provider.
5. License and Rights of Use
The Provider grants the customer a
- non-exclusive
- non-transferable
- term-limited to the duration of the contract
right to use the Platform.
The customer is not entitled to:
- copy the software
- modify it
- reverse engineer it
- resell or rent it
6. Customer Data and Data Ownership
All data uploaded to the Platform by the customer or its users (“Customer Data”) remains the property of the customer.
The Provider processes this data solely:
- to provide the Platform
- to maintain and improve the service
- in accordance with applicable data protection laws
Further details on data processing can be found in the Privacy Policy and the Data Processing Agreement (DPA).
7. Availability and Maintenance
The Provider endeavors to make the Platform available with an annual availability of 99%.
The following shall not be considered downtime:
- planned maintenance work
- necessary security updates
- events outside the Provider’s control
Planned maintenance work will, where possible, be announced with reasonable advance notice.
8. Support
The Provider offers support through the following channels:
- feedback button within the app
Support requests are processed within 48 hours on business days.
The average resolution time may vary depending on complexity.
9. Payment Terms
Use of the Platform is based on a licensing model with recurring fees.
The amount of the fees is determined by
- the applicable price list
- individual agreements with the customer
Invoices are payable within 14 days unless otherwise agreed with the customer.
In the event of late payment, the Provider may temporarily suspend access to the Platform.
10. Permitted Use
The customer undertakes not to use the Platform for:
- unlawful activities
- distribution of malware
- unauthorized access to systems
- automated attacks on the Platform
- scraping or unauthorized data collection
The Provider is entitled to take appropriate measures in the event of violations.
11. Third-Party Services
The Platform may use services provided by third parties, in particular:
- cloud infrastructure
- email services
- authentication services
The Provider makes an up-to-date list of these service providers available here.
12. Liability
The Provider shall only be liable for damages caused by intentional misconduct or gross negligence.
The Provider’s liability is limited to the amount paid by the customer for use of the Platform during the preceding 12 months.
Liability for indirect damages, loss of profit, or consequential damages is excluded.
13. Force Majeure
The Provider shall not be liable for disruptions in performance caused by events outside its control, including in particular:
- natural disasters
- power outages
- cloud infrastructure outages
- cyberattacks
- governmental measures
14. Contract Term and Termination
The contract runs for an indefinite period.
The customer may terminate the contract with 30 days’ notice to the end of the billing period.
15. Data Export and Deletion
After the end of the contract, the customer has the opportunity to export its data within 30 days. The Provider will provide support with data export upon request.
Thereafter, the customer’s data will be permanently deleted within 60 days unless statutory retention obligations apply or an alternative arrangement has been agreed.
16. Changes to the Terms of Service
The Provider may amend these Terms of Service. Material changes will be communicated to customers at least 30 days in advance.
17. Governing Law
Swiss law shall apply.
Place of jurisdiction is Zurich.
18. Contact
If you have any questions about these Terms of Service, please contact us at info@azai.ch.