General Terms of Use

1 Preamble

These General Terms of Use (hereinafter the «Terms of Use») of the Mobile App (hereinafter referred to as the «App» or «App Account»), of the Web App (hereinafter the «Web App» or «Web Account») and of the Business Account (hereinafter the «Business Account») set out the terms of use of the SUNNYCLOCK App and the additional Web Solutions published by «SUNNYCLOCK AG».

The Terms of Use govern all terms of use between you (hereinafter the «User» or «you») and SUNNYCLOCK AG (hereinafter «SUNNYCLOCK», together the «Parties»), unless there are written agreements deviating therefrom.

Please read our Terms of Use so that you are informed about all aspects of your use of SUNNYCLOCK.

By using our services, you agree to our Terms of Use.

The Terms of Use, in their version applicable from time to time, form an integral part of all contracts concluded between you and SUNNYCLOCK, which in the event of discrepancies take precedence over these Terms of Use and may contain additional provisions. Your own terms of use are expressly excluded.

SUNNYCLOCK reserves the right to amend the Terms of Use of the App and Web Solutions at any time in order to adapt them to changes in the services, technical developments, developments in the law, case law or on the occasion of the introduction of new services. The applicable Terms of Use are those in force at the time the App is used. The original version of the Terms of Use is written in German – all other languages are translations and may differ in their exact wording from the original version.

2 Contracting Party

The contracting party to the contract is SUNNYCLOCK AG, Wassergass 9, 8810 Horgen, e-mail: ask@sunnyclock.com, website: www.sunnyclock.com and you as the User.

3 Definitions

The following definitions apply in these Terms of Use:

The App is an internet-based, cross-platform service for exchanging messages and for planning Events and activities between users of App Accounts on mobile phones and users of Web Accounts of the Web App, which is provided by SUNNYCLOCK. A User can create both an App Account and a Web Account and connect and synchronise the two accounts within a single User Account.

The User creates Events with the App Account on their enabled mobile device and invites other users to the Event via groups or by sharing the Event link. Recipients are notified of messages and Events and receive a push notification informing them that new messages and Events are available and can be retrieved. The messages and Event invitations are then available for the recipients to view via an App or Web Account. The App offers free planning functions for every User and paid planning functions for users with access to a Business Account. A Business Account enables the creation, sale, marketing and management of paid activities and Events. Paid activities and Events can be purchased both from the App and from the Web Account. A Business Account can currently be opened by the User contacting SUNNYCLOCK.

User Account: A User's account with which Events can be created via an App Account and participated in via an App or Web Account, and further planning and communication functions can be used. A User Account can hold both an App Account and a Web Account and connect and synchronise them.

App Account: A User's account with which Events and groups can be created via the mobile App, Events can be participated in and further planning and communication functions can be used. An App Account can connect to a Web Account.

Web Account: A User's account with which Events can be participated in via the Web App and further planning and communication functions can be used.

Business Account: An account of one or more users which provides access to paid planning functions in the App and to the payment platform www.pay.sunnyclock.com of Payrexx.

App and Web Solution: All applications and Web Solutions provided by SUNNYCLOCK for carrying out the necessary planning, marketing, sales and communication functions.

4 Subject Matter of the Contract

The subject matter of the contract is the provision of the service of the associated App or Web Solutions and the related creation and use of an App, Web or Business Account.

5 Access Conditions

5.1 Access Conditions App

5.1.1 Download

  1. The equipment and resources that enable access to the App are to be provided by you.
  2. In order to access and use the App, you must have the following:
    • A compatible mobile phone;
    • The mobile phone must be able to receive SMS;
    • An internet connection.
  3. Once these requirements are met, you can download the App free of charge from the «Google Play Store» and «App Store» platforms.

5.1.2 Creating and Registering the App Account

  1. First, you must register and create an App Account in order to use the App. To do so, you must provide the following information:
    • Your mobile phone number;
    • Surname and first name.
  2. You warrant to SUNNYCLOCK that the information provided upon registration is correct, complete and up to date.
  3. You can download the App and create a corresponding App Account for each of your mobile phones with its own phone number. Synchronising different App Accounts is not possible; however, synchronising an App Account with a Web Account from the App is possible.

5.2 Access Conditions Web Account

5.2.1 Initial Situation

  1. The equipment and resources that enable access to the Web Account are to be provided by you.
  2. In order to access and use your Web Account, you must have the following:
    • An e-mail address;
    • An internet connection.
  3. Once these requirements are met, you can create a Web Account via our website or via a web link to an Event.

5.2.2 Creating and Registering the Web Account

  1. You can create a Web Account with the following information:
    • E-mail address;
    • Surname and first name.
  2. You warrant to SUNNYCLOCK that the information provided upon registration is correct, complete and up to date.
  3. An individual Web Account can be created with each individual e-mail address – it is therefore always advisable to use the same e-mail address for registrations to SUNNYCLOCK Events so that the same person does not end up with several Web Accounts.

5.3 Access Conditions Business Account

5.3.1 Initial Situation

  1. To plan paid activities and Events, you need a Business Account on the SUNNYCLOCK Payrexx platform.
  2. The equipment and resources that enable access to the Business Account are to be provided by you.
  3. In order to access and use your Business Account, you must have the following:
    • A SUNNYCLOCK App Account.
  4. For all payment transactions in connection with paid activities and Events that are marketed and sold via SUNNYCLOCK from your Business Account, the platform solution of Payrexx AG in the SUNNYCLOCK design is available.

5.3.2 Creating and Registering the Business Account

  1. In order to use your Business Account and to be able to sell paid activities and Events via SUNNYCLOCK, every Business Account must complete Payrexx AG's registration process and obtain usage approval.
  2. As soon as your Business Account is connected to your App Account, you can start selling activities and Events. All sales transactions from sales in the App and Web Solutions run directly through your SUNNYCLOCK Payrexx Business Account.
  3. You warrant to SUNNYCLOCK that the information provided upon registration is correct, complete and up to date.
  4. You can create several Business Accounts for different clubs, companies and organisations and subgroups and connect them to your App Account.

6 Remuneration

6.1 Remuneration App

  1. Use of the App is generally free of charge.
  2. This does not apply to:
    • Contract costs of the mobile network operator;
    • Connection costs and access to the internet; and
    • All additional costs charged for loading the data.
    • Purchase of paid activities and Events via the Business Account.
  3. A service fee is charged for the brokerage and processing of orders.
  4. The service fee is charged as a fixed amount per transaction. The exact amount of this fixed amount varies depending on (i) the status of the User Account, (ii) the total value and the type of the transaction, and (iii) the selected provider of the offer.
  5. The applicable service fee is shown separately to the User before the ordering process is finally completed in the App.

6.2 Remuneration Web Account

  1. Use of the Web Account is generally free of charge.
  2. This does not apply to:
    • Contract costs of the mobile network operator;
    • Connection costs and access to the internet; and
    • All additional costs charged for loading the data.
    • Purchase of paid activities and Events.
  3. A service fee is charged for the brokerage and processing of orders.
  4. The service fee is charged as a fixed amount per transaction. The exact amount of this fixed amount varies depending on (i) the status of the User Account, (ii) the total value and the type of the transaction, and (iii) the selected provider of the offer.
  5. The applicable service fee is shown separately to the User before the ordering process is finally completed in the App.

6.3 Remuneration Business Account

  1. Use of the Business Account is generally free of charge. Minimal transaction costs apply.
    • No setup or subscription fees apply.
    • Business Accounts receive the lowest possible transaction fees for all online payment methods. The applicable transaction fees of the available payment methods of the payment provider Payrexx are passed on one-to-one to the Business Accounts by SUNNYCLOCK without any margin.
  2. This does not apply to:
    • Contract costs of the mobile network operator;
    • Connection costs and access to the internet; and
    • All additional costs charged for loading the data.

7 Your Duties and Obligations

  1. You will use the App and Web Solutions and the corresponding services solely for the purpose of planning activities and Events and for communication.
  2. It is your responsibility to check to what extent the services offered are suitable for meeting the legal requirements regarding data protection, and to check independently to what extent it is permissible to use the services offered within the App and Web Solutions for the purpose you intend. SUNNYCLOCK does not provide any legal advice in this respect. We point out that absolute data security cannot be guaranteed by technical means.
  3. You bear full responsibility towards the purchasers of your activities and Events. In the case of paid activities and Events, you are responsible for ensuring that the promised service is delivered satisfactorily to the purchasers. Dealing with purchasers of your Events, as well as any subsequent claims by them, is your sole responsibility.
  4. You are responsible for your activities and Events, in particular for the communication and Event data and images uploaded by you or by third parties attributable to you, stored in the system, kept available for retrieval and/or transmitted or distributed. If you infringe copyright, you are liable for all damages – SUNNYCLOCK accepts no liability for the improper uploading, use or distribution of your images and videos.
  5. You are obliged to take appropriate measures to protect the hardware and software (user system) you use to access the services in order to ensure the security and integrity of your user system. This includes in particular the use of the respective current version of the App, of the operating system or browser software, and of up-to-date precautions to protect IT security (virus scanner, firewall, IT security software, hardware and hard-disk encryption, etc.).
  6. You must ensure that your mobile phone and your personal computer are protected against unauthorised use by third parties.
  7. The App and the services offered by the App and Web Solutions may not be used for unlawful purposes and/or misused, in particular:
    • no legally prohibited content may be stored and transmitted or made available to third parties;
    • no unlawful or immoral content may be placed in the system and transmitted or made available to third parties, not even by referring to such content.

8 Intellectual Property

  1. SUNNYCLOCK is the exclusive owner of all intellectual property rights relating to the App, the Web Solutions and their content. Downloading the App or using the Web Solutions does not grant you any rights to SUNNYCLOCK's intellectual property rights.
  2. All rights of reproduction and representation are reserved. This also applies to downloadable documents. All texts, graphics, symbols, photographs, plans, logos, videos, sounds, trademarks and, in general, all elements of which the App and Web Solutions consist may not, in whole or in part, be the subject of any representation, reproduction, exploitation or transfer on any medium without the express prior authorisation of SUNNYCLOCK.
  3. You expressly undertake not to sell, rent, sub-license or otherwise distribute the App and Web Solutions and/or the content to third parties.
  4. You expressly undertake not to impair SUNNYCLOCK's rights in any way through your use of the App and Web Solutions and, in particular, that such use does not involve product counterfeiting or any unfair or parasitic competition.

9 Rights of Use

  1. For the duration of the contract, you receive the non-exclusive, non-transferable and non-sublicensable right to use the App and Web Solutions. This is granted exclusively for your own needs and within the scope of the use of the App, the Web Solutions and their services, and to the exclusion of any other purposes.
  2. Unless expressly regulated otherwise in the applicable contract, software and rights provided to you for use, in particular industrial property rights such as trademarks, patents, designs and copyrights, as well as other documents and data, remain the property of SUNNYCLOCK or its licensors. The rights of use granted to you therein may not be transferred to others.
  3. This licence does not grant you any right to use the content. In particular, you are strictly prohibited from:
    • carrying out any adaptation, modification, translation, transcription, editing, compilation, decompilation, combination, disassembly or transcoding, or applying reverse engineering to all or part of the App and Web Solutions, the services and/or the content;
    • creating works derived from the licensed App and Web Solutions;
    • using software or processes intended to copy the content without SUNNYCLOCK's prior authorisation;
    • exporting the App and Web Solutions, or combining them in whole or in part with other software programs; reproducing the App and Web Solutions in whole or in part, by any means and in any form, permanently or temporarily;
    • extracting or re-using, without SUNNYCLOCK's prior written authorisation, a substantial or non-substantial part of the content of the databases and archives created from the App and the Web Solutions, including for private purposes;
    • setting up systems capable of hacking all or part of the App and Web Solutions and/or the content, or of violating the terms of use of the App and Web Solutions.
  4. Should you violate these prohibitions, you are liable to prosecution and for damages. The terms of this licence apply to all updates provided by SUNNYCLOCK that replace and/or supplement the original App and Web Solutions, unless such update is accompanied by a separate licence. In that case, the terms of that licence take precedence.
  5. You indemnify SUNNYCLOCK and its vicarious agents against all third-party claims asserted against SUNNYCLOCK as a result of a culpable breach of the duties set out in these Terms of Use and/or as a result of other culpable damaging acts by you or by a third party attributable to you. In addition, you shall compensate for any damage going beyond this, including the costs of any necessary legal prosecution and defence. This obligation also applies in the event of misuse of the User, Web or Business Account by third parties, insofar as you are at fault for it.

10 Rights and Duties of SUNNYCLOCK

  1. SUNNYCLOCK provides the App and Web Solutions and the associated services in accordance with the provisions set out in these Terms of Use.
  2. SUNNYCLOCK will refrain from anything that is or could be liable to endanger the security and integrity of the stored data and information.
  3. SUNNYCLOCK will continuously further develop the App and the Web Solutions, in particular with regard to the findings of IT security technology. In doing so, new functions may be developed and existing functions replaced by new ones or removed from the system.
  4. SUNNYCLOCK is entitled to change the security system, in particular the encryption system, at any time and to switch to a new system corresponding to the state of the art.
  5. SUNNYCLOCK is entitled to interrupt access to the App and Web Solutions and their services if there is a risk to data security.
  6. In the event of a culpable breach of statutory provisions or these Terms of Use by you or by a third party attributable to you, SUNNYCLOCK is entitled to temporarily block access to the App and Web Solutions and the services in whole or in part. The right to terminate without notice for good cause remains unaffected.
  7. SUNNYCLOCK reserves the right to have all or part of the services to be provided under this contract performed by third parties.

11 Warranty

  1. The statutory warranty rights apply.
  2. By using the App and Web Solutions, you assume responsibility for all negative consequences that could be caused by the App and Web Solutions. It is your responsibility to take all appropriate measures to protect your own data and/or the software stored on your mobile phone (mobile phone, computer) against damage (in particular malfunction, viruses, hackers …) and to carry out your activities and Events safely and conscientiously.

12 Liability and Limitations of Liability of SUNNYCLOCK

  1. To the extent permitted by law and regardless of the legal grounds, the liability of SUNNYCLOCK is excluded. Liability for SUNNYCLOCK's auxiliary persons and substitutes, as well as for the conduct of third parties (e.g. manufacturers or suppliers of SUNNYCLOCK), is likewise expressly excluded to the extent permitted by law. In particular, SUNNYCLOCK's liability for indirect or consequential damages such as lost profit, unrealised savings or third-party claims for consequential damage caused by defects, or for damage due to data loss, is excluded to the extent permitted by law. In particular, SUNNYCLOCK is not liable:
    • For direct and indirect damages arising from activities and Events planned, marketed and sold via SUNNYCLOCK – full responsibility lies with you.
    • In the event of a disruption, loss, delay or error in the transmission of data that is beyond SUNNYCLOCK's control;
    • For direct or indirect damages of any kind arising from the use of, or inability to use, the App and Web Solutions, and in particular any financial or business losses and loss of data, especially in the User's information system of the App and Web Solutions;
    • For direct and indirect damages of any kind arising from the content and/or the use of, or inability to use, websites linked to the App and Web Solutions, or websites that you can access via the App and Web Solutions;
    • For damages of any kind incurred by users, their devices, their computer and telephone equipment and the data stored therein, or for possible effects on their personal, professional or commercial activities;
    • For sending messages and/or data to an incorrect, faulty or incomplete address;
    • If data does not reach SUNNYCLOCK for whatever reason, or if the data that SUNNYCLOCK receives is illegible or cannot be processed;
    • In the event that you cannot access or use the website, the App, the Web Solutions and/or the services for any reason, in particular in the event of maintenance, updating or implementation of technical improvements; and
    • If the connection is interrupted for any reason.
  2. In addition, SUNNYCLOCK accepts no liability in the event of improper use of the mobile phone or personal computer and/or an incident in connection with the use of the mobile phone or personal computer when using the App and Web Solutions. SUNNYCLOCK is not liable for damages incurred by you, your mobile phones, your computer and telephone equipment and the data stored therein, or for possible effects on your personal, professional or commercial activities.
  3. To the extent permitted under applicable law, and insofar as SUNNYCLOCK is held liable for damages not taken into account here, SUNNYCLOCK's liability is limited exclusively to specific, actual and established damages.
  4. Work to analyse and remedy problems for which SUNNYCLOCK is not liable will be charged to you on a time and material basis.

13 Internet Risk Factor

  1. The technical services of the mobile internet require a certain processing time for answering, displaying, querying or transmitting services.
  2. You declare that you are aware of the limits and problems of the internet and accept that SUNNYCLOCK cannot be held responsible, in particular, for the following:
    • The characteristics and limits of the internet and, in particular, the functional characteristics and technical performance of the internet;
    • Problems relating to the connection to and/or access to the internet and/or to websites;
    • Problems relating to the availability of, and bottlenecks in, networks;
    • Problems relating to network failure or saturation;
    • Problems relating to the transmission time, access to online information, response times for displaying, viewing, querying or otherwise transmitting data;
    • The risk of an interruption;
    • The lack of protection of certain data against possible misuse or piracy;
    • The risk of infection by viruses that may be circulating in the aforementioned networks, etc.

14 Technical Limitations

  1. You must ensure that you have an internet connection sufficient for operating the App and Web Solutions. SUNNYCLOCK is not responsible for any malfunction of the services of the App and Web Solutions in the event of a missing or weak internet connection. Some services may not work in the event of a poor internet connection.
  2. For the smooth functioning of the services of the App and Web Solutions, it is necessary that certain functions of the mobile phone are activated (camera, location, networks, …). If these functions are not activated or are not available on your mobile phone, some services in the App and Web Solutions will not be functional. SUNNYCLOCK cannot be held responsible for non-functioning services.
  3. SUNNYCLOCK ensures that the App is published on the App Stores and that the App is compatible with most mobile phones on the market. Due to the large number of models, different operating systems (current or not), additional costs of the providers and various software installed by you, SUNNYCLOCK cannot guarantee the perfect compatibility of the App with all mobile phones and is therefore not responsible for malfunctions.
  4. The same as described under 14.3 also applies to the Web Solutions, whereby these can be run on many devices in connection with the most common internet browsers.

15 Data Protection

SUNNYCLOCK processes personal data in accordance with the Privacy Policy. Information on how SUNNYCLOCK protects personal data and safeguards your privacy can be found in the Privacy Policy.

16 Term, Termination and Ending of the Contract

16.1 Term, Termination and Ending of the App Account

  1. First, you must download and install the App on your mobile phone. When it is first opened, the registration process starts, in the course of which you submit your offer to conclude the contract. SUNNYCLOCK accepts this offer by activating your App Account.
  2. The contract for use of the App begins with the first use of the App and is concluded for an indefinite period. You can delete your App Account on the server at any time and then delete the App on your mobile phone. Upon deletion of your App Account, the contract ends automatically. Deleting the App Account always deletes the App and Web Account simultaneously, provided that an App Account is connected to a Web Account (User Account).
  3. The right of both Parties to terminate the contract without notice for good cause remains unaffected. Good cause for SUNNYCLOCK to terminate the contract extraordinarily is given in particular if the User behaves in a manner liable to endanger the availability and integrity of the App services, or if SUNNYCLOCK discontinues the App service.

16.2 Term, Termination and Ending of a Web Account

  1. When creating a Web Account, you submit your offer to conclude the contract. SUNNYCLOCK accepts this offer by activating your Web Account.
  2. The contract for use of a Web Account begins with the first use of the Web Account and is concluded for an indefinite period. You can delete your Web Account on the server at any time. Upon deletion of your Web Account, the contract ends automatically. Deleting the Web Account always deletes the App and Web Account simultaneously, provided that an App Account is connected to a Web Account (User Account).
  3. The right of both Parties to terminate the contract without notice for good cause remains unaffected. Good cause for SUNNYCLOCK to terminate the contract extraordinarily is given in particular if the User behaves in a manner liable to endanger the availability and integrity of the App and Web Solutions, or if SUNNYCLOCK discontinues the service of the App and Web Solutions.

16.3 Term, Termination and Ending of the Business Account

  1. When creating a Business Account, you submit your offer to conclude the contract. After your details have been checked and approved by our payment provider Payrexx, SUNNYCLOCK accepts this offer by activating your Business Account.
  2. The right of both Parties to terminate the contract without notice for good cause remains unaffected. Good cause for SUNNYCLOCK to terminate the contract extraordinarily is given in particular if the User of the Business Account behaves in a manner liable to endanger the availability and integrity of the App and Web Solution, or if SUNNYCLOCK discontinues the App and Web Solution.
  3. We reserve the right to change prices. Price changes will be communicated at least 30 days in advance. If the new price is not accepted, the contract may be terminated before the new prices take effect.

17 Final Provisions

17.1 Amendment of the Terms of Use

Amendments to these Terms of Use are possible at any time and will be communicated to you. Without your written objection, the amendments take effect within one month.

17.2 Severability Clause

Should contractual provisions applicable between the Parties be or become invalid, the validity of the remaining content of the contract shall not be affected thereby. The invalid provision shall be replaced by a provision that comes closest to the economic purpose of the invalid provision. This also applies in the event of a gap.

17.3 Applicable Law

The Terms of Use are subject to substantive Swiss law, to the exclusion of any references to foreign law.

17.4 Dispute Resolution

In the event of disagreements in connection with this contractual relationship, the Parties undertake to seek an amicable settlement in good faith. They shall commit to at least one meeting to reach an amicable agreement. If no agreement is reached, only the ordinary courts at the registered office of SUNNYCLOCK may be called upon. Mandatory statutory places of consumer jurisdiction remain reserved.

As of 24.07.2026