This English version is a translation for convenience. In the event of any discrepancy, the German version prevails.
1. Scope
1.1 These General Terms and Conditions (hereinafter “Terms”) govern the use of the software-as-a-service solution Varmo (hereinafter “Service”) by organisations (hereinafter “Customer”). The provider is miller IT-Solutions, Bahnhofstrasse 18, 3312 Fraubrunnen (hereinafter “Provider”).
1.2 The Service is intended exclusively for businesses and public bodies, not for consumers.
1.3 Any terms and conditions of the Customer that deviate from these Terms apply only if the Provider has acknowledged them in writing.
2. Conclusion of the contract and account
2.1 The contract is concluded upon completion of the registration, upon placing an order on invoice or upon successful card payment, as the case may be. On opening, an account with a first organisation and a first person with the role “Tenant Admin” are created.
2.2 The Customer determines which persons are given access and assigns their roles. The Customer ensures that access credentials are kept confidential and that persons who leave no longer have access.
2.3 Persons with the role “Tenant Admin” are required to sign in with a second factor (authenticator app).
2.4 Trial: After registration, the Customer may use the Service free of charge for 30 days with all functions of the Pro plan. Each organisation or domain of the e-mail address is entitled to one trial within 12 months; the Provider may extend it once. A Customer ordering on invoice uses the trial until receipt of payment, but no longer than until the trial ends. If the Customer has not ordered a plan by the end of the trial, the Customer thereafter uses the Service under the free offering (Free). The data are retained; anything not included in Free is frozen or suspended until a purchase is made and becomes active again upon receipt of payment. The Provider gives notice by e-mail before the trial ends.
3. Services
3.1 The Provider makes the Service available for use via the internet. The scope of functions is set out in the current service description or the selected offering, as applicable.
3.2 The Service supports the Customer in establishing and operating an information security management system. It replaces neither the Customer’s own assessment nor a certification or legal advice. The Customer is responsible for content and decisions in the Service (e.g. risk assessments, Statement of Applicability).
3.3 The Provider continues to develop the Service. It may change functions, provided that the contractually agreed core of the service is preserved.
3.4 Availability: The Provider endeavours to achieve high availability but does not guarantee any particular level. The Provider announces planned maintenance in advance where possible.
4. Support
4.1 The Provider accepts requests by e-mail to info@varmo.ch. It responds within one working day (Monday to Friday, excluding public holidays). It deals with malfunctions that prevent use as quickly as possible.
4.2 If the Provider needs to view the Customer’s data for support purposes, it requires authorisation from a Tenant Admin of the Customer. The authorisation is time-limited (no more than 24 hours), permits read access only and is recorded in the Customer’s log (authorisation, start and end of access and every page viewed).
5. Obligations of the Customer
5.1 The Customer uses the Service only lawfully and for its intended purpose. The Customer does not enter any content whose processing infringes the law or the rights of third parties.
5.2 The Customer verifies on its own responsibility whether it is permitted to process sensitive personal data, or data subject to official or professional secrecy, in the Service.
5.3 The Customer reports malfunctions and security incidents it becomes aware of without delay.
6. Data and data protection
6.1 The Customer’s data remain the Customer’s data. The Provider processes them only in order to provide the Service and only in accordance with the data processing agreement (DPA), which forms part of this contract.
6.2 The Customer may export its data at any time: a Tenant Admin requests the export for each organisation, the organisation’s ISMS manager confirms it, and the file is then available for download for 7 days.
7. Fees and payment
7.1 The fees are based on the agreed offering. They are payable in advance for the respective billing interval (monthly or annually).
7.2 Payment by credit card: charged at the beginning of each interval. Payment on invoice: payable within 30 days.
7.3 In the event of late payment, the Provider sends a payment reminder once the payment period has expired and, ten days later, a formal reminder setting a grace period. If the formal reminder is unsuccessful, the Provider may downgrade the account to the free offering (Free) once the grace period has expired. The data are retained; functions outside Free are blocked until payment is made. Upon receipt of payment, the Provider restores the previous plan for the period paid.
7.4 The Provider announces price changes at least 60 days in advance; the Customer may terminate with effect from the date the change takes effect.
8. Term and termination
8.1 The contract is concluded for an indefinite period.
8.2 The Customer may terminate at any time; a Tenant Admin does so in the Service under Administration › Account & contacts. Termination takes effect immediately as of the end of the current billing interval; no further charge or invoice is made thereafter. The Service can be used as normal up to and including that day. Termination cannot be withdrawn; all Tenant Admins receive a confirmation by e-mail.
8.3 The Provider may terminate with three months’ notice to the end of a month, and without notice for good cause.
8.4 After the end of the contract, sign-in is blocked. After the account’s deletion period has expired (30 days, adjustable between 30 and 365 days), the Provider permanently deletes all of the Customer’s data, including uploaded files and sign-in accounts. Backups are overwritten after 7 days. The Customer carries out the export before the end of the contract.
9. Warranty and liability
9.1 The Provider provides the Service with due care in accordance with the state of the art. It does not warrant that the Service is free of errors or available without interruption at all times.
9.2 To the extent permitted by law, the Provider’s liability is limited to the fees paid by the Customer in the last 12 months. Liability for slight negligence, for indirect damage, loss of profit and loss of data is excluded to the extent permitted by law.
9.3 Liability for wilful intent and gross negligence remains unaffected.
10. Confidentiality
Both parties treat confidential information of the other party as confidential, including after the end of the contract.
11. Amendments to these Terms
The Provider may amend these Terms. It gives notice of amendments at least 30 days before they take effect. If the Customer does not object within this period, the amendments are deemed accepted; if the Customer objects, it may terminate with effect from the date the amendments take effect.
12. Final provisions
12.1 These Terms are governed by Swiss law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
12.2 The place of jurisdiction is Bern, Switzerland.
12.3 Should any provision be invalid, the remainder of the contract remains valid.