Terms

General Terms and Conditions (GTC)

1. Scope of Application
1.1 These General Terms and Conditions (hereinafter “GTC”) govern all legal relationships between Tithonos GmbH, Ruhsitzstrasse 15, 9000 St. Gallen, Switzerland (hereinafter “Tithonos”) and its customers.
1.2 These GTC apply to all paid and unpaid services, products, digital content, licenses, and consulting services provided by Tithonos, regardless of whether they are rendered online, in writing, verbally, or on-site.
1.3 Any deviating or supplementary terms and conditions of the customer shall not apply unless expressly agreed to in writing by Tithonos.
1.4 Additional contractual conditions may apply to individual services and shall take precedence over these GTC.
2. Conclusion of Contract
2.1 A contract is concluded upon:
written or verbal acceptance of an oPer, signing of a contract, use of a service, usesugage of products, platforms, software, or licenses provided by Tithonos.
2.2 Tithonos reserves the right to reject contractual agreements without stating reasons.
3. Services of Tithonos
3.1 Tithonos provides its services in accordance with the individually agreed scope of services.
3.2 Services are provided with due professional care and to the best of Tithonos’ knowledge. No specific economic or technical success is owed unless expressly guaranteed in writing.
3.3 Tithonos is entitled to engage third parties or auxiliary persons to perform its contractual obligations.
3.4 Planned maintenance work or operational interruptions will be communicated in advance where reasonably possible.
3.5 Tithonos may adapt, modify, or further develop its services for technical, legal, operational, or objective reasons.
4. Prices and Payment Terms
4.1 All prices are stated in Swiss Francs (CHF) and are exclusive of value-added tax (VAT), unless expressly stated otherwise.
4.2 Invoices are payable within 30 days from the invoice date without deduction, unless otherwise agreed.
4.3 In the event of late payment:
default interest of 5% per annum may be charged, reminder fees may be applied, Tithonos is entitled to suspend or discontinue services.
4.4 Objections to invoices must be submitted in writing within 10 days. Otherwise, the invoice shall be deemed accepted.
4.5 Set-oP against claims of the customer is excluded.
4.6 Tithonos may require advance payments or securities at any time.
5. Customer’s Cooperation Obligations
5.1 The customer undertakes to provide all information, content, access data, and documents required for the performance of services in a complete, correct, and timely manner.
5.2 Delays or additional costs resulting from insuPicient or incorrect cooperation shall be borne entirely by the customer.
5.3 The customer confirms that they hold all necessary rights to the content provided (texts, images, data, trademarks, etc.).
6. Responsibility for Content and Use
6.1 The customer bears sole responsibility for all content processed, stored, or published by Tithonos.
6.2 The use of services for unlawful purposes is prohibited, in particular:
violations of copyright, trademark, or personal rights, criminal or unlawful content, spam, phishing, or malicious software.
6.3 In the event of violations, Tithonos is entitled to immediately suspend services and terminate contracts without notice.
7. Access Data and Security
7.1 The customer is solely responsible for the secure storage of all access data, passwords, and login credentials.
7.2 Any damage resulting from misuse by third parties shall be borne by the customer.
8. Licenses and Rights of Use
8.1 All intellectual property rights remain with Tithonos or its licensors unless otherwise agreed.
8.2 The customer receives a non-exclusive, non-transferable right of use for the agreed purpose and duration only.
8.3 Any transfer, reproduction, modification, or sublicensing requires the prior written consent of Tithonos.
9. Term and Termination
9.1 Unless otherwise agreed, contracts are concluded for a minimum term of 12 months.
9.2 Contracts are automatically renewed for successive periods of 12 months unless terminated in writing at least 60 days prior to the end of the current term.
9.3 Termination must be made in writing by registered mail.
9.4 In the event of premature termination, no refund shall be granted.
9.5 Tithonos is entitled to terminate contracts without notice in the event of contractual breaches or payment defaults.
10. Liability
10.1 Tithonos shall only be liable for damages caused intentionally or by gross negligence.
10.2 Liability for slight negligence, indirect damages, consequential damages, loss of profit, or data loss is excluded to the extent permitted by law.
10.3 In all cases, liability is limited to the order value of the last 12 months.
11. Force Majeure
11.1 In the event of force majeure (including but not limited to natural disasters, power outages, cyberattacks, or oPicial orders), Tithonos shall be released from its performance obligations.
11.2 If the force majeure event lasts longer than 30 days, Tithonos is entitled to withdraw from the contract.
12. Data Protection
12.1 Tithonos processes personal data in accordance with Swiss data protection law.
12.2 Further details are governed by the applicable privacy policy.
13. Amendments to the GTC
13.1 Tithonos reserves the right to amend these GTC at any time.
13.2 Unless otherwise agreed, the version valid at the time of contract conclusion shall apply.
14. Severability Clause
If any provision of these GTC is or becomes invalid, the validity of the remaining provisions shall remain unaPected.
15. Applicable Law and Jurisdiction
15.1 These GTC are governed exclusively by Swiss law.
15.2 The place of jurisdiction shall be St. Gallen, Switzerland, unless mandatory statutory provisions provide otherwise.

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