Terms and Conditions

This English version is provided for convenience only. The German version is legally binding.

General Terms and Conditions (GTC) for the use of the "Saley" platform

1. Scope

These GTC govern the legal relationship between FirstMedia Solutions GmbH, Lerchenfeldstrasse 3, CH-9014 St. Gallen (hereinafter "Saley", "we", "us" or "our") and its contractual partners (hereinafter "Customer") with regard to the use of the software-as-a-service platform offered by Saley and all related services.

These GTC are addressed exclusively to businesses (B2B). Consumers within the meaning of Art. 3 let. a of the Swiss Federal Act against Unfair Competition (UWG) are excluded from use.

2. Subject matter of the contract and services

2.1 Saley operates a cloud-based online platform ("Platform") through which the Customer can, among other things, create, edit, send, analyse and have electronically signed digital sales and presentation documents ("Documents").

2.2 The Platform is provided exclusively by way of remote access (software as a service, "SaaS"); local installation is not provided for.

2.3 The scope of functions and services is determined by the subscription plan selected ("Subscription") and the service description published on the Platform at the time of the order.

2.4 Saley is entitled to improve the Platform at any time and to add or remove features, provided that this does not significantly impair the essential scope of services.

2.5 Interfaces (API) & third-party integration: The Customer may connect third-party applications (e.g. Bexio) via the interfaces documented by Saley. Saley is only obliged to provide the API. Saley accepts no liability for the availability, functionality, security or support of third-party applications. The Customer shall ensure that it is authorised to make the connection and that it complies with the third-party provider’s contractual and data protection terms.

3. Registration, conclusion of contract and user accounts

3.1 The contract is concluded as soon as the Customer ticks the checkbox "I accept the GTC" during registration or uses the Platform.

3.2 The Customer undertakes to provide truthful and complete information during registration and to keep this data up to date for the duration of the contract.

3.3 Each user receives a personal login. Passing on access data to third parties is prohibited.

3.4 The Customer is liable for all activities carried out under its user accounts.

4. Obligations of the Customer

4.1 The Customer is obliged to use the Platform only within the scope of applicable law and these GTC.

4.2 The Customer shall ensure that all content uploaded to the Platform by it or its authorised users ("Customer Content") does not infringe any third-party rights and is free of malware.

4.3 The Customer shall set up suitable backup solutions and make regular backup copies of its data.

5. Grant of rights and responsibility for Customer Content

5.1 The Customer remains the owner of all Customer Content.

5.2 The Customer grants Saley a non-exclusive, worldwide, royalty-free right, limited to the term of the contract, to use the Customer Content for the purposes of performing the contract and of maintaining, improving, securing and analysing the Platform.

5.3 The Customer shall indemnify Saley against all third-party claims arising from the unlawful use or provision of Customer Content (in particular infringements of copyright, trademark, personality or data protection rights).

6. Prohibited content and activities

The Customer may not post any content or carry out any actions that

violate applicable law, in particular by disseminating pornographic, racist, violence-glorifying or defamatory content,

infringe the intellectual property rights or personality rights of third parties,

contain malware or other harmful code,

impair the operation or security of the Platform.

Saley reserves the right to delete unlawful content or content that violates these GTC without prior notice and to block the account concerned.

7. Fees and terms of payment

7.1 Use of the Platform is subject to a charge unless otherwise agreed. The amount of the fees is determined by the plan selected when the contract is concluded.

7.2 All prices are net, plus statutory value added tax (VAT).

7.3 Billing: Billing takes place exclusively monthly in advance by credit card via Stripe; each billing period is thirty (30) calendar days.

7.4 If the Customer is in default of payment or the credit card on file cannot be charged, access to the Platform is automatically blocked with immediate effect. Access is restored only once payment has been received in full.

8. Availability, maintenance and service levels

8.1 Saley aims for an average annual target availability of the Platform of 99.5%. This does not constitute an assurance or guarantee.

8.2 Scheduled maintenance windows and periods of force majeure do not count as unavailability.

8.3 Saley is entitled to carry out regular maintenance and security updates. Maintenance work is announced 48 hours in advance where reasonable.

9. Warranty (disclaimer of warranties)

9.1 The Platform is provided to the Customer "as is" and without any express or implied warranty, to the extent permitted by law.

9.2 In particular, Saley disclaims any warranty as to quality, fitness for a particular purpose, availability, security or freedom from errors, to the extent legally possible. Contractually assured characteristics exist only if they are expressly designated as such in writing.

10. Liability

10.1 Saley has unlimited liability for damage caused intentionally or through gross negligence and for injury to life, body or health.

10.2 In the case of slight negligence, Saley is liable only for breach of material contractual obligations (cardinal obligations) and limited to the damage typically foreseeable under the contract; in any event, however, to no more than the net fees paid by the Customer in the twelve (12) months preceding the event giving rise to the damage.

10.3 Saley is not liable for indirect damage, consequential damage, loss of profit or loss of data.

10.4 Saley accepts no liability whatsoever for the lawfulness or licence-free status of Customer Content, including uploaded images. The Customer bears sole responsibility and shall indemnify Saley against all claims.

10.5 Saley is not liable for disruptions, loss of data or other damage caused by third-party integrations.

11. Intellectual property in the Platform

11.1 All rights in the Platform, including software, designs, databases and documentation, remain exclusively with Saley or its licensors.

11.2 The Customer receives only a simple, non-transferable, non-sublicensable right of use for the term of the contract.

12. Data protection

12.1 Saley processes the Customer’s personal data in accordance with the revised Swiss Federal Act on Data Protection (FADP) and, where applicable, the EU General Data Protection Regulation (GDPR).

12.2 Further details can be found in the separate privacy policy

12.3 By default, Documents are made available via a unique, cryptographically generated link. These links are in principle publicly accessible to anyone who has the link. The Customer is responsible for sharing and managing the links securely. Saley recommends sharing links only with authorised recipients

12.4 All data is stored encrypted in transit (TLS) and at rest.

13. Confidentiality

Both parties undertake to keep confidential all confidential information obtained in connection with this contract and not to make it accessible to third parties.

14. Term and termination

14.1 The contract is concluded for an indefinite period.

14.2 The Customer may cancel the subscription at any time with effect from the end of the current 30-day billing period via the account settings.

14.3 The right to terminate without notice for good cause remains unaffected.

15. Amendments to the GTC

Saley may amend these GTC at any time. Amendments will be notified to the Customer in text form at least 30 days before they take effect. If the Customer does not object within this period

18. Applicable law and place of jurisdiction

18.1 This contract is governed exclusively by substantive Swiss law, excluding the Swiss Federal Act on Private International Law (PILA) and international conventions.

18.2 The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is St. Gallen, Switzerland.

Last updated: 22 June 2025