As of August 28, 2026
These General Terms and Conditions (hereinafter referred to as "GTC") govern the use of the Software-as-a-Service solution "klarum.ch" (hereinafter referred to as "App" or "Service") and the associated contractual relationship between Immohay AG, Cheerstrasse 16, 6014 Lucerne, Switzerland (hereinafter referred to as "Provider" or "we") and the users or customers of the App (hereinafter referred to as "Customer" or "you").
1.1. These Terms and Conditions apply to all contracts concluded between the provider and you regarding the use of the app.
1.2. The contract is concluded as soon as you register in the app, subscribe online, or accept these Terms and Conditions by clicking a checkbox.
1.3. Any differing terms and conditions on your part will not be recognized unless the provider expressly agrees to their validity in writing.
2.1. The provider makes the app available to you as a cloud-based software solution (SaaS) via the internet. The app enables the digital management of facility management processes for property management companies, municipalities, and building maintenance departments – in particular, the recording, planning, and documentation of property maintenance and tasks. (Please review and clarify if necessary – I have formulated this based on Klarum's approach.)
2.2. The provider strives to ensure the highest possible availability of the app. However, service interruptions due to maintenance work, system updates, or circumstances beyond the provider's control (e.g., failures of the hosting infrastructure at AWS Frankfurt, force majeure) cannot be completely ruled out and do not give rise to any claims on your part. The app is provided "as is."
3.1. You are obligated to provide truthful and complete information during registration and to keep this information up to date in case of changes.
3.2. You are responsible for the secure storage of your login data (password). The provider is not liable for damages resulting from unauthorized access to your account by third parties.
3.3. You agree not to misuse the app or use it for unlawful purposes. In particular, the following is prohibited:
4.1. Provider's Rights: Immohay AG (or its licensors) retains all copyrights, trademarks, and other intellectual property rights to the app, its design, software, and underlying technology. For the duration of the contract, you receive a non-exclusive, non-transferable right to use the app, limited to your own personal use.
4.2. Your Rights (User Content): All data, documents, and information that you upload to or create in the app ("User Content") remain your sole property. However, you grant the provider the necessary, worldwide, and royalty-free right to store, process, and display this data to the extent necessary for providing the service.
5.1. Depending on the chosen model, use of the app may be free (e.g., freemium/trial period) or subject to a fee (subscription). Current prices and services are listed on the website. All prices are exclusive of VAT unless otherwise stated.
5.2. Subscription fees are due in advance (e.g., monthly or annually) and will be charged to your chosen payment provider (e.g., credit card, Stripe).
5.3. If you default on payment, the provider is entitled to block access to the app until full payment is received.
6.1. You can terminate your free account at any time by deleting it in the app settings.
6.2. Paid subscriptions are for an indefinite period. They can be terminated by you or the provider at any time at the end of the current billing period (e.g., the end of the month or year). Termination can be done directly in your account.
6.3. Both parties reserve the right to terminate the contract without notice for good cause (e.g., a serious breach of these Terms and Conditions). 6.4.
After termination of the contract, you will no longer have access to your data stored in the app. The provider is entitled to permanently delete this data after 30 days, unless there are legal retention obligations.
7.1. The provider is liable for damages resulting from an intentional or grossly negligent breach of contract by the provider or its agents.
7.2. Disclaimer: Any further liability of the provider for slight negligence, indirect damages, consequential damages, lost profits, or data loss is expressly excluded to the extent permitted by law.
7.3. The provider does not guarantee the uninterrupted availability of the app or that the app is suitable for your individual needs.
8.1. The collection and processing of personal data by the provider is governed by the separate privacy policy. This policy forms part of the contractual agreement and can be viewed at www.klarum.ch/datenschutz.
8.2. If you, as a customer, process personal data of third parties within the app (e.g., data of tenants, property owners, or other staff), you are considered the data controller in this respect. The provider processes this data on your behalf and within the scope of providing the service. The details of this data processing can be regulated in a separate data processing agreement (DPA) upon request. (Newly added – recommended, as your customers, such as property management companies/municipalities, process personal data of third parties via the app. For a legally compliant DPA, I recommend a brief legal review.)
The provider reserves the right to amend these Terms and Conditions at any time. You will be informed of any significant changes in a timely manner (e.g., by email or a notification in the app). If you do not object to the new Terms and Conditions within 30 days, they will be deemed accepted. In the event of an objection, the provider reserves the right to terminate the contract.
10.1. Should any provision of these Terms and Conditions be invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a provision that most closely approximates the economic purpose of the original provision.
10.2. This contract shall be governed exclusively by substantive Swiss law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict of laws rules of private international law.
10.3. The exclusive place of jurisdiction for all disputes arising from or in connection with this contract shall be Lucerne, Switzerland. Mandatory places of jurisdiction for consumers remain reserved.