General Terms and Conditions beyond BI
1. Scope and contracting parties
1.1 These General Terms and Conditions (GTC) apply to all consulting services provided by beyond BI, Urmiberg 18, 6423 Seewen, Switzerland ("beyond BI") to its business customers ("Customer").
1.2 Use of the digital tool "beyond Navigator" (beyondnavigator.com) is an integral part of the consulting services and is also subject to these GTC.
1.3 Deviating, conflicting or supplementary terms of the Customer do not become part of the contract unless their validity is expressly agreed to in writing.
2. Subject matter and description of services
2.1 beyond BI provides consulting services in the field of finance, in particular analysis, strategy development and implementation recommendations.
2.2 As part of the consulting, the tool "beyond Navigator" is used for data analysis and decision support.
2.3 The exact scope of services results from the respective individual contract or offer.
3. Conclusion of contract and inclusion of the GTC
3.1 A contract is concluded by written acceptance of an offer from beyond BI or by signing a consulting agreement.
3.2 These GTC form part of every consulting agreement and are made available to the Customer before the contract is concluded.
4. Remuneration and payment terms
4.1 The remuneration is based on the fee agreed in the individual contract.
4.2 All prices are exclusive of statutory value added tax, where applicable.
4.3 Invoices are payable within 30 days of the invoice date without deduction.
5. Contract term and termination
5.1 The contract term results from the individual contract.
5.2 The right of ordinary termination exists with a notice period of 3 months to the end of the year, unless agreed otherwise.
5.3 The right to extraordinary termination for good cause remains unaffected.
6. Use of beyond Navigator and third-party providers
6.1 As part of the consulting, the Customer receives a non-exclusive, non-transferable right to use "beyond Navigator" for the duration of the contract under the conditions agreed in the contract.
6.2 beyond BI uses third-party providers to deliver its services, in particular in the field of artificial intelligence (AI). These third-party providers meet the data protection standards of the EU and Switzerland.
6.3 Personal data is processed exclusively on servers within Europe.
7. Data protection and data processing
7.1 beyond BI processes the Customer's personal data exclusively within the framework of the statutory provisions of the Swiss Federal Act on Data Protection (nFADP) and, where applicable, the EU GDPR.
7.2 The details of data processing are governed by a separate data processing agreement (DPA), which forms part of these GTC or is expressly referred to.
7.3 Third-party providers (in particular AI services) are used only on the basis of corresponding data processing agreements. Use of Customer data for AI training purposes is excluded unless the Customer has given express consent.
7.4 The Customer is informed about the nature, scope and purpose of the data processing, the categories of data processed, the subcontractors used and the rights of the data subjects.
7.5 Further information can be found in the current privacy policy of beyond BI.
8. Confidentiality
8.1 Both parties undertake to treat all confidential information obtained in the course of the cooperation as strictly confidential and not to make it accessible to third parties.
8.2 This obligation continues after the termination of the contract.
9. Rights to work results and intellectual property
9.1 All rights to the work results created as part of the consulting remain with beyond BI, unless expressly agreed otherwise.
9.2 The Customer receives a non-exclusive right to use the results for internal purposes.
10. Liability and limitation of liability
10.1 beyond BI is liable for damages arising from the breach of contractual or statutory obligations only in cases of intent or gross negligence.
10.2 Liability for slight negligence, indirect damages, consequential damages or lost profits is excluded, to the extent permitted by law.
10.3 beyond BI accepts no liability for data loss, data leaks or security incidents that occur despite compliance with statutory and technical standards, unless they were caused intentionally or through gross negligence.
10.4 Liability for auxiliary persons and subcontractors is limited to the same extent.
11. Force majeure
11.1 beyond BI is not liable for non-performance or delayed performance of obligations attributable to events of force majeure (e.g. natural disasters, war, strikes, official orders, failure of communication networks).
12. Changes to the GTC
12.1 beyond BI reserves the right to amend these GTC at any time.
12.2 Changes will be communicated to the Customer in writing or by email at least 30 days before they take effect.
12.3 If the Customer does not object to the changes within 14 days of receipt of the notification, the changes are deemed accepted.
13. Severability clause
13.1 Should individual provisions of these GTC be or become invalid in whole or in part, the validity of the remaining provisions remains unaffected.
13.2 The parties undertake to replace the invalid provision with a valid one that comes closest to its economic purpose.
14. Governing law and place of jurisdiction
14.1 Swiss law applies exclusively, excluding conflict-of-law rules.
14.2 The exclusive place of jurisdiction is the registered office of beyond BI in 6423 Seewen, Switzerland.
15. Final provisions
15.1 Collateral agreements, amendments and supplements must be made in writing.
15.2 The current version of the GTC is available at https://beyond.bi/agb.