Terms of Use

Last updated: January 21, 2025

Article 1 - Agreement Overview

• These Terms apply to all offers and agreements between you and LodgeHog.
• We will provide a copy of these Terms upon request, free of charge. They are also available on our website: https://lodgehog.com.
• Any changes or additions to these Terms must be agreed upon in writing to be valid.
• If any part of these Terms is found to be invalid, the rest of the Terms will remain in effect. We will replace the invalid part with a valid provision that is as close as possible to the original intent.
• Your own terms and conditions do not apply to our agreement.
• We reserve the right to modify these terms and conditions. Prior to their effectiveness, you will be notified of the changes. The latest terms and conditions will apply to all subsequent agreements and offers.

Article 2 - Offers and Agreements

• Our offers and proposals are non-binding unless explicitly stated otherwise.
• Each offer or proposal applies only to the specific service described and not to future services.
• We rely on the accuracy of information you provide us and base our offers on that information.
• All agreements are entered into digitally, with monthly payments starting immediately upon agreement.

Article 3 - Pricing

• Prices exclude any applicable expenses, taxes, or government levies.
• We may adjust prices at any time. We will notify you of any price changes 30 days in advance.
• If you disagree with a price change, you may cancel the agreement within 14 days of the notification. The agreement will terminate when the new prices take effect.
• In exceptional circumstances, a hibernation pricing plan may be offered for a maximum of three months.

Article 4 - Payment and Late Fees

• We will automatically charge your bank account or credit card towards the end of each month.
• Invoices are due within seven days of the invoice date.
• Monthly payment covers the following month's service.
• Late Payment: If payment is not received within seven days, you will be in default without further notice, and any discount will be forfeited. We may also:
  • Charge statutory (commercial) interest from the due date until the payment is received in full.
  • Suspend your access to the Software.
  • In addition to taking legal action, we may report non-payment to credit bureaus.

Article 5 - Using LodgeHog

• You will receive a personal, non-transferable account and password to access the Software.
• Keep your password confidential and choose a strong, unique password. You are responsible for all activities on your account.
• A reliable internet connection is required to use the Software. You are responsible for other internal networks or IT-systems necessary to use our Software within your organisation.
• Notify us immediately if you suspect unauthorized access to your account.
• We may block accounts if we reasonably believe they are being used unlawfully or in violation of these Terms. We may also take other measures we deem necessary.
• Any equipment we provide remains the property of LodgeHog. You must provide proof of return for any returned equipment. Otherwise you will be charged for said equipment.

Article 6 - Availability and Maintenance

• We strive to keep LodgeHog available 24/7 and will maintain the Software to ensure its functionality.
• The Software may be temporarily unavailable during maintenance.
• We may modify the Software, including adding, changing, or removing features.
• While we aim for error-free operation, we cannot guarantee it. Report any errors to us and we will do our best to resolve them promptly.

Article 7 - Third Parties

We may use third-party services to fulfill our obligations under this agreement.

Article 8 - Intellectual Property

• LodgeHog (or our licensors/suppliers) owns all intellectual property rights related to the Software, including copyrights, trademarks, patents, source code, and know-how.
• You are granted a non-exclusive, non-transferable right to use the Software. You may not claim ownership of any intellectual property related to the Software, nor transfer your right of use to any other party.

Article 9 - Confidentiality

We will not disclose your confidential information to third parties unless required by law or professional obligation. Confidential information includes any information you designate as confidential or that is reasonably understood to be confidential, including:

• Information related to research, development, trade secrets, or business matters.
• Personal data as defined by the General Data Protection Regulation (GDPR).

Article 10 - Liability

• You are responsible for the data you collect, store, or process using the Software. We are not liable for this data.
• We are not liable for damages resulting from improper use of the Software.
• Our liability is limited to direct damages demonstrably caused by our shortcomings.
• We are responsible for storing your data securely. We are not liable for data loss when using third-party storage solutions.
• These limitations do not apply to damages caused by our intentional misconduct or gross negligence.
• Except for intentional misconduct or gross negligence, our liability for direct damages is limited to the value of your order. We are not liable for any indirect damages.
• We are not responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Software, including, without limitation, modems, hardware, servers, operating systems, networking, web servers and the like (collectively, “Equipment”). We are also not responsible for maintaining the security of the Equipment, passwords (including but not limited to administrative and user passwords) and files, and for all uses of your account or the Equipment with or without your knowledge or consent.

Article 11 - Term and Termination

• The agreement automatically renews for the same duration as the initial term, unless either party provides written notice of termination at least 30 days before the end of the current calendar month.
• Either party may terminate this agreement with 30 days' notice (or immediately in case of non-payment) if the other party materially breaches these Terms.
• You are responsible for paying for the Software up to the last day of service.
• Provisions that by their nature should survive termination (e.g., payment obligations, confidentiality, disclaimers, liability limitations) will remain in effect after termination.

Article 12 - Force Majeure

We are not liable for damages caused by events beyond our reasonable control (force majeure). If such an event lasts for more than two months, either party may terminate the agreement in writing. In that case, you will be invoiced for the period during which you used the Software.

Article 13 - Governing Law

Swiss law governs all legal relations between LodgeHog and you.