SUNNYCLOCK

Terms of Use

General terms of use of the SUNNYCLOCK App and web solutions

Preamble

These General Terms of Use (hereinafter referred to as “Terms of Use”) set out the terms of use of the mobile app (hereinafter referred to as “App”), the guest account (hereinafter referred to as “Guest Account”) and the business account (hereinafter referred to as “Business Account”) (hereinafter collectively referred to as “Web Solutions”) issued by “SUNNYCLOCK AG” and the associated services (hereinafter also referred to as “Web Services”).

The Terms of Use govern all terms of use between you (hereinafter “User”, or “you”) and SUNNYCLOCK AG (hereinafter “SUNNYCLOCK”, together the “Parties”), unless otherwise agreed in writing.

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

By using our app and/or our web solution and the associated services, you agree to our terms of use.

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

SUNNYCLOCK reserves the right to amend the terms of use of the app and the web solutions at any time in order to adapt them to changes in the services, technical developments, legal developments, case law or the introduction of new services. The applicable terms of use are those in force at the time the app or web solutions are used.

1. Contractual party

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

2. Definitions

The following definitions apply in these Terms of Use:

The app is an internet-based, cross-platform service for exchanging messages and planning events and activities between users of mobile phones, which is provided by SUNNYCLOCK. The user of the app creates the respective event with the app on their shared mobile device and creates groups to determine the recipients of the messages and events. The recipients are notified of the message and the event within the group and a push notification is sent with the information that new messages and events are available and can be retrieved. The messages and event invitations are then available for download by the recipients. In addition, each event can be shared from the app as a web link with people outside the group or the app. Via a guest account, each person can then log into the event with the web link and register for the event. The app offers free planning functions for every user and paid planning functions for users with access to a business account.

User account: Account on the app for which a mobile phone of the user can be shared.

Guest account: Account of a guest with which you can participate in events via web solutions and web links.

Business account: Account of one or more users that provides access to chargeable planning functions.

Web solutions: All web solutions provided by SUNNYCLOCK (business account and guest account) for carrying out the necessary planning and communication functions.

3. Subject matter of the contract

The subject matter of the contract is the provision of the service, the associated app or web solutions and the associated creation and use of a user, guest or business account.

4. Access conditions

4.1 Access conditions app (user account)

4.1.1 Download

1. Equipment and material resources that enable access to the app must be provided by you.

2. To access and use the app, you must have the following:

A compatible mobile phone;
The mobile phone must be able to receive SMS;
Internet access;.

3. If these requirements are met, you can download the app free of charge from the “Google Play Store” and “App Store” platforms.

4.1.2 Create and register the user account

1. You must first register and create a user account in order to use the app. To do this, you must provide the following information:

Your mobile phone number;
User name of your choice.

2. You warrant to SUNNYCLOCK that the information provided during registration is accurate, complete and up-to-date.

3. You can download the app for each of your mobile phones with its own phone number and install a corresponding user account. It is not possible to synchronise the different user accounts.

4.2 Access conditions guest account

4.2.1 Initial situation

1. Equipment and material resources that enable access to the guest account must be provided by you.

2. To access and use your guest account, you must have the following:

An e-mail address;
Internet access.

3. If these requirements are met, you can create a guest account as soon as you receive an invitation to a SUNNYCLOCK event for the first time.

4.2.2 Create and register a guest account

1. The first time you use an email address to log in to a SUNNYCLOCK event, you can create a guest account by providing the following information

E-mail address;
Surnames and first names;

2. You guarantee SUNNYCLOCK that the information provided during registration is correct, complete and up-to-date.

3. Each individual e-mail address can be used to create an individual guest account – it is therefore recommended that you always use the same e-mail address to register for SUNNYCLOCK events.

4.3 Access conditions business account

4.3.1 Initial Situation

1. Equipment and material resources that enable access to the business account must be provided by you.

2. To access and use your business account, you must have the following:

A user account from SUNNYCLOCK

3. If these requirements are met, you can create a business account by contacting SUNNYCLOCK at ask@sunnyclock.com.

4.3.2 Create and register the business account

1. SUNNYCLOCK requires the following information to set up a new business account:

Surname, first name, billing address, telephone number for private individuals;
Company or organisation name, surnames and first names of contact persons, billing address, telephone number for companies;
A maximum of 5 users who have access to the business account.

2. You guarantee SUNNYCLOCK that the information provided during registration is correct, complete and up-to-date.

3. You can create multiple business accounts for different companies and organisations and subgroups.

5. Remuneration

5.1 Remuneration app (user account)

1. The use of the app is free of charge.

2. This does not apply:

Contract costs of the mobile phone operator;
Connection costs and access to the Internet; and
Any additional costs charged for loading the data.

5.2 Remuneration guest account

1. The use of the guest account is free of charge.

2. This does not apply:

Contract costs of the mobile phone operator;
Connection costs and access to the Internet; and
Any additional costs charged for loading the data.

5.3 Remuneration business account

1. Use of the Business account costs CHF 249.90 per year by paying the full amount in advance.

2. This does not apply:

Contract costs of the mobile phone operator;
Connection costs and access to the Internet; and
Any additional costs charged for loading the data.

6. Your duties and obligations

1. You may only use the app and web solutions and the corresponding services 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 to fulfil the legal requirements for data protection and to check independently to what extent it is permissible to use the services offered within the scope of the app and web solutions for the purpose intended by you. SUNNYCLOCK does not provide any legal advice in this regard. We would like to point out that absolute data security cannot be guaranteed by technical procedures.

3. You are responsible for your activities and events, in particular for the communication and event data uploaded, stored in the system, made available for retrieval and/or transmitted or disseminated by you or third parties attributable to you.

4. You are obliged to take suitable measures to protect the hardware and software (user system) used by you to utilise the services in order to ensure the security and integrity of your user system. This includes in particular the use of the latest version of the app, the operating system or browser software and up-to-date precautions to protect IT security (anti-virus scanner, firewall, IT security software, hardware and hard drive encryption, etc.).

5. You must ensure that your mobile phone and personal computer are protected against unauthorised use by third parties.

6. The app and the services offered by the app and web solutions may not be used for unlawful purposes and/or improperly, in particular

no legally prohibited content may be stored and transmitted or made available to third parties;
no illegal or immoral content may be posted in the system and transmitted or made available to third parties, not even by referring to such content.

7. 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 the intellectual property rights of SUNNYCLOCK.

2. All rights to reproduction and presentation are reserved. This also applies to downloadable documents. All texts, graphics, icons, photographs, plans, logos, videos, sounds, trademarks and, in general, all elements that make up the app and web solutions may not be the subject of representation, reproduction, exploitation or storage, in whole or in part, on any medium whatsoever, without the express prior authorisation of SUNNYCLOCK.

3. You expressly undertake not to sell, rent, sub-licence or otherwise distribute the App and Web Solutions and/or the Content to third parties.

4. You expressly undertake not to infringe the rights of SUNNYCLOCK in any way through the use of the App and Web Solutions and in particular that the use does not involve any product counterfeiting or unfair or parasitic competition.

8. Rights of use

1. You are granted the non-exclusive, non-transferable and non-sublicensable right to use the app and web solutions for the duration of the contract. This is granted exclusively for your own use 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 agreed otherwise, the 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 may not be transferred to third parties.

3. This licence does not grant you any right to use the content. In particular, you are strictly prohibited from

Make any adaptation, modification, translation, transcription, editing, compilation, reverse compilation, assembly, disassembly or transcoding or reverse engineering of all or any part of the App and Web Solutions, the Services and/or the Content;
Create works derived from the licensed app and web solutions;
Use software or processes designed to copy the content without prior authorisation from SUNNYCLOCK;
Export the App and Web Solutions, or combine them in whole or in part with other software programmes; reproduce the App and Web Solutions in whole or in part, by any means and in any form, permanently or temporarily;
Extract or re-use, including for private purposes, any substantial or non-substantial part of the content of the databases and archives created from the App and the Web Solutions without the prior written authorisation of SUNNYCLOCK;
Set up systems that are capable of hacking the App and Web Solutions and/or the Content in whole or in part or violating the Terms of Use of the Mobile App and Web Solutions.

4. If you violate these prohibitions, you are liable to prosecution and 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 this update is accompanied by a separate licence. In this case, the terms of that licence take precedence.

5. You shall indemnify SUNNYCLOCK and its vicarious agents against all third-party claims asserted against SUNNYCLOCK as a result of a culpable breach of the obligations set out in these Terms of Use and/or as a result of other culpable damaging actions or of a third party attributable to you. In addition, you shall provide compensation for any further damages, including the costs of any necessary legal prosecution and defence. This obligation also exists in the event of misuse of the user account, a guest account or a business account by third parties, insofar as you are at fault.

9. Rights and obligations of SUNNYCLOCK

1. SUNNYCLOCK provides the App and Web Solutions and the associated services in accordance with the provisions of these Terms of Use.

2. SUNNYCLOCK shall refrain from doing anything that is or could be suitable to jeopardise the security and integrity of the stored data and information.

3. SUNNYCLOCK will continue to develop the app and the web solutions, in particular with regard to the findings of IT security technology. New functions may also be developed and existing functions may be replaced by new ones or removed from the system.

4. SUNNYCLOCK is authorised to change the security system, in particular the encryption system, at any time and to switch to a new state-of-the-art system.

5. SUNNYCLOCK is authorised to interrupt access to the app and web solutions and their services if there is a risk to the security of data.

6. In the event of a culpable breach of statutory provisions or these Terms of Use by you or 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 by this.

7. SUNNYCLOCK reserves the right to have all services to be provided under this contract performed in whole or in part by third parties.

10. Warranties

1. The statutory warranty rights shall apply.

2. By using the app and web solutions, you accept responsibility for any negative consequences that may 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 malfunctions, viruses, hackers, etc.).

11. Liability and limitations of liability of SUNNYCLOCK

1. To the extent permitted by law and irrespective of the legal grounds, SUNNYCLOCK’s liability is excluded. Liability for auxiliary persons and substitutes of SUNNYCLOCK as well as for the behaviour of third parties (e.g. manufacturers or suppliers of SUNNYCLOCK) is also expressly excluded to the extent permitted by law. In particular, the liability of SUNNYCLOCK for indirect damages or consequential damages such as loss of profit, unrealised savings or claims of third parties for consequential damages or damages due to loss of data is excluded to the extent permitted by law. In particular, SUNNYCLOCK is not liable:

In the event of a malfunction, loss, delay or error in the transmission of data beyond the control of SUNNYCLOCK;
For direct or indirect damage of any kind resulting from the use or inability to use the app and web solutions and in particular any financial or commercial loss and loss of data, in particular in the information system of the user of the app and web solutions;
For direct and indirect damages of any kind arising from the content and/or use 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 damage of any kind caused to 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 are unable to access or use the Website, the App, 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. Furthermore, SUNNYCLOCK assumes no liability in the event of improper use of the mobile phone or personal computer and/or any incident related to the use of the mobile phone or personal computer when using the App and Web Solutions. SUNNYCLOCK shall not be liable for any damage caused to you, your mobile phone, your computer and telephone equipment and the data stored therein or for any possible effects on your personal, professional or commercial activities.

3. Work to analyse and rectify problems for which SUNNYCLOCK is not liable will be charged to you at cost.

12. Risk factor internet

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 for the following in particular:

The characteristics and limitations of the Internet and, in particular, the functional characteristics and technical performance of the Internet;
Problems in connection with the connection and/or access to the Internet and/or websites;
Problems related to network availability and bottlenecks;
Problems related to network failure or saturation;
Problems relating to runtime, access to online information, response times for displaying, viewing, querying or otherwise transferring data;
The risk of 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.

13. Technical restrictions

1. You must ensure that you have a sufficient internet connection for the operation of the app and web solutions. SUNNYCLOCK is not responsible for any malfunction of the services of the App and Web Solutions in case of missing or weak internet connection. Some services may not work in the event of a poor internet connection.

2. For the services of the app and web solutions to function properly, it is necessary that certain functions of the mobile phone are activated (camera, location, networks, etc.). If these functions are not activated or are not available on your mobile phone, some services in the app and web solutions will not work. 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 different 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 18.3 also applies to the web solutions, whereby these can be executed on many devices in conjunction with the most common Internet browsers.

14. Data Protection

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

15. Contract term, cancellation, termination

15.1 Contract term, cancellation, termination of the app (user account)

1. You must first download and install the app on your mobile phone. When you open the app for the first time, the registration process starts, during which you submit your offer to conclude a contract. SUNNYCLOCK accepts this offer by activating your app user account.

2. The contract for the use of the app begins with the first use of the app and is concluded for an indefinite period. You can delete your user profile on the app server and then delete the app on your mobile phone at any time. The contract ends automatically when you delete your account.

3. The right of both parties to terminate the contract without notice for good cause remains unaffected. An important reason for SUNNYCLOCK to terminate the contract without notice is given in particular if the user behaves in a way that is likely to jeopardise the availability and integrity of the app services or if SUNNYCLOCK discontinues the app service.

4. At the end of the contract, the user account on the app server is closed. For more information on the processing of personal data, see Privacy Policy.

15.2 Contract term, cancellation, termination of the guest account

1. The contract for the use of the guest account begins with the first use of the guest account and is concluded for an indefinite period.

2. The right of both parties to terminate the contract without notice for good cause remains unaffected. An important reason for SUNNYCLOCK to terminate the contract without notice is given in particular if the guest behaves in a way that is likely to jeopardise the availability and integrity of the web solutions or if SUNNYCLOCK discontinues the provision of the web service.

15.3 Contract term, cancellation, termination of the business account

1. The contract for the use of the business account begins with the payment of the account fee and is concluded for one year. You can have your business account cancelled by SUNNYCLOCK at any time, but this does not entitle you to a refund of the annual fee.

2. The annual subscription has a term of twelve (12) months, beginning on the date the contract is concluded.

3. The annual subscription is automatically renewed for a further twelve (12) months unless it is cancelled in writing at least (30) days before the end of the current term.

4. Payment for the renewal period is due at the beginning of the new term and is also made in advance. The annual subscription can be cancelled at any time during the term, but there will be no refund of the subscription amount already paid for the remaining term.

5. In the event of timely cancellation, the subscription will be terminated at the end of the current term.

6. The right of both parties to terminate the contract without notice for good cause remains unaffected. An important reason for SUNNYCLOCK to terminate the contract without notice is given in particular if the user of the business account behaves in a way that is likely to jeopardise the availability and integrity of the web services or if SUNNYCLOCK discontinues the web service.

7. We reserve the right to change the subscription prices at the end of the current contract period. Price changes will be communicated at least (30) days before the start of the next subscription period. If the new price is not accepted, the subscription can be cancelled at the end of the current contract period.

8. Consumers have the right to cancel the annual subscription within fourteen (14) days without giving reasons. The cancellation period begins on the day the contract is concluded. In the event of an effective cancellation, we will refund the subscription amount paid within fourteen (14) days of receipt of the notice of cancellation.

16. Final Provisions

16.1 Amendements to the terms of use

Changes to these terms of use are possible at any time and will be communicated to you. Without your written objection, the changes will come into force within one month.

16.2 Severability Clause

Should contractual provisions applicable between the parties be or become invalid, this shall not affect the validity of the remaining content of the contract. 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 loophole.

16.3 Applicable Law

The Terms of Use are subject to substantive Swiss law to the exclusion of any references to foreign law. The negotiating language is German.

16.4 Settlement of disputes

In the event of differences of opinion in connection with this contractual relationship, the parties undertake to endeavour in good faith to reach an amicable settlement. They shall endeavour to reach an amicable settlement on at least one occasion. If no agreement can be reached, only the ordinary judge at the registered office of SUNNYCLOCK may be called upon. Mandatory statutory consumer jurisdictions remain reserved.

The current version of the terms of use is available at www.sunnyclock.com.

Version 19th August 2024