hypt Report — Banking 2025
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General terms and conditions

By signing the license agreement or filling out the registration form to order hypt on the hypt homepage (the “provider”), the customer (“customer”) unconditionally accepts the following general terms and conditions (“General Terms and Conditions” or “Terms and Conditions”).

hypt reserves the right to change these terms at any time. The amended conditions come into force when they are published on the website.

1. Software as a Service (SaaS) contract

  • 1.1 The provider provides SaaS services to its customers via the Internet medium in the area of business software.‍
  • 1.2. The subject of the contract is: ‍
  • 1.2.1. the provision of software from the provider for use via the Internet and
  • ‍1.2.2. the storage of customer data (data hosting)

2. Software release

  • 2.1. For the duration of this contract, the provider provides the customer with the latest version of the “hypt” software solution via the Internet for use at a fee. For this purpose, the provider stores the software on a server that is accessible to the customer via the Internet.
  • 2.2. The provider is constantly developing the software and will improve it through ongoing updates and upgrades. The current range of functions is set out in the service description on the provider's website (www.join-hypt.com).
  • 2.3. The provider constantly monitors the functionality of the software and fixes software errors in accordance with technical possibilities. In particular, an error exists if the software, which does not fulfill the functions specified in the service description, delivers incorrect results or does not function properly in any other way, so that the use of the software is impossible or significantly restricted.

3. Rights to use the software

  • 3.1. The provider grants the customer the non-exclusive and non-transferable right to use the software “hypt” as intended during the duration of the contract as part of the SaaS services.
  • 3.2. The customer may neither reproduce nor edit the software unless this is expressly permitted in the contractually agreed service description. In particular, even temporary installation or storage of the software on data carriers (hard drives, etc.) of the hardware used by the customer (excluding working memory) is prohibited.
  • 3.3. The customer is not entitled to make this software available to third parties for use against or free of charge. The customer is expressly prohibited from making the software available to third parties.
  • 3.4. The customer undertakes to structure any contractual relationships with third parties in such a way that free use of the software by third parties is effectively prevented. 3.5. In addition to the “hypt” software, the customer has the option of ordering various additional packages (“add-ons”) from the provider. In particular, such add-ons can enable integrations with third-party software. If access rights are required to use such an add-on, the customer expressly agrees to grant all necessary access rights by ordering the add-on.

4. Data hosting

4.2.
  • 4.1. The provider gives the customer a defined storage space on a server to store their data. If there is insufficient storage space to store the data, the provider will inform the customer in good time. Unless the customer subsequently orders additional storage space for a fee, data that exceeds the available storage space will no longer be stored.
  • 4.2. The provider ensures that the stored data can be retrieved via the Internet within the scope of technical possibilities.
  • 4.3. The customer is not entitled to transfer this storage space to a third party in part or in full, for a fee or free of charge.
  • 4.4. The customer undertakes not to store any content on the storage space whose provision, publication and use violates applicable law or agreements with third parties.
  • 4.5. The provider is obliged, within the scope of technical possibilities, to take suitable and reasonable precautions against data loss and to prevent unauthorized access by third parties to the customer's data. For this purpose, the provider will regularly make backups, check the customer's data for viruses and install firewalls.
  • 4.6. In any case, the customer remains the sole owner of the data and can therefore demand that the provider provide individual or all data during the term of the contract, without the provider having any right of retention. The data is released, at the customer's discretion, either by handing over data carriers or by transmission via a data network. The customer is not entitled to software suitable for use/use of the data.
  • 4.7. After termination of the contract, the customer is still entitled to demand the release of his data for one month (from the date of termination) under the provisions of Section 6 above. The provider is not obliged to store the customer's data beyond this period. Should a customer request the release of data after the one-month period and if the provider still has it, the provider will release the data to the customer after payment of the actual costs incurred for this.

5. Support & customer service

  • The provider will answer inquiries (by e-mail or telephone) from the customer about the “hypt” software and other SaaS services by telephone or in writing as quickly as possible after receipt of the respective question within the business hours published on the website www.join-hypt.com.

6. Impairment of accessibility

  • 6.1. Adjustments, changes and additions to the contractual SaaS services as well as measures aimed at identifying and remedying functional disorders will only result in a temporary interruption or impairment of availability if this is necessary for technical reasons.
  • 6.2. The basic functions of the SaaS services are monitored daily. The maintenance of SaaS services is generally carried out from Monday to Friday 8:00 a.m. to 7:00 p.m. In the event of serious errors - the use of SaaS services is no longer possible or significantly restricted - maintenance is usually carried out within 24 hours of knowledge or notification by the customer. The provider will inform the customer about the maintenance work in good time and carry it out as quickly as possible.

7. Customer obligations

  • 7.1. The customer is obliged to prevent unauthorized access to the software by third parties by taking appropriate measures. For this purpose, the customer will, if necessary, inform his employees of compliance with copyright law. In particular, the customer will instruct his employees not to make copies of the software or to pass on access data to third parties.
  • 7.2. The customer himself is responsible for entering and maintaining the data and information required to use the SaaS services, without prejudice to the provider's obligation to back up data.
  • 7.3. The customer is obliged to check his data and information for viruses or other harmful components before entering them and to use state-of-the-art virus protection programs for this purpose.
  • 7.4. When using the SaaS services for the first time, the customer may be asked to generate a user ID and password himself, which are required to continue using the SaaS services. The customer is obliged to keep the user ID and password secret and not to make them available to third parties.
  • 7.5. The customer must immediately inform the provider of any unauthorized use of user ID and password or other attacks on security. In such cases, the provider will change the customer's user ID and password in agreement with the customer.
  • 7.6. The customer must take all measures that, in accordance with the provider's due discretion, are necessary to maintain or improve the security of the data, software and network connections. For example, the user undertakes to change the password regularly, but at least every sixty (60) days.

8. Payment

  • 8.1. The customer undertakes to pay the provider for software provision and data hosting the fee agreed in accordance with his subscription/license plus statutory VAT.
  • 8.2. The provider sends the customer an invoice for the contractually owed fee.
  • 8.3. The provider is entitled to adjust the fees and service content by means of written notification to the customer at the next possible termination date. The reasons for such a change in services are, in particular, technical progress and the development of software. If the customer does not wish to continue the contract at the changed rates, he is entitled to extraordinary termination with a notice period of 14 days from the time of change.
  • 8.4. In the event of late payment, Hypt is entitled to temporarily restrict or block the customer's access. In this case, the agreed fee remains due in full even during the restriction. Access will be reactivated after payment of outstanding invoices. Section 11.7.2 is reserved.

9. Warranty/liability

  • 9.1. The provider guarantees the functionality and operational readiness of the SaaS services in accordance with the provisions of these terms and conditions.
  • 9.2. The customer undertakes to indemnify the provider from all claims made by third parties based on the data stored by him and to reimburse the provider for any costs that it may incur as a result of possible violations of rights.
  • 9.3. The provider is entitled to immediately block storage space if there is reasonable suspicion that the stored data is illegal and/or infringes the rights of third parties. There is a reasonable suspicion of illegality and/or infringement of law in particular when courts, authorities and/or other third parties inform the provider of this. The provider must immediately inform the customer of the removal and the reason for it. The suspension must be lifted as soon as the suspicion has been fully resolved.
  • 9.4. Within the framework of legal provisions, the provider excludes any liability towards the customer (or any third party), in particular for the fulfilment of its contractual and non-contractual obligations and for loss of data and loss of profit (including for negligence). This disclaimer also applies to damage caused directly or indirectly by using the “hypt” software.
  • 9.5. In all cases, irrespective of the liability basis, the mutual liability of the contracting parties is limited to the amount of the monthly access fees in the last twelve months before the damage occurred.

10. Duration/Termination/Resolution

  • 10.1. The contractual relationship begins when the license agreement is signed or when the customer logs in and registers.
  • 10.2. The contract period corresponds to the term agreed between the end customer and Hypt.
  • 10.3. Monthly subscriptions, especially in the catering and hotel sector, are concluded for an indefinite period of time unless otherwise agreed and can be cancelled by both parties at the end of each month, subject to a one-month notice period.
  • 10.4. Due to higher initial costs, publishers have the exclusive option of termination at the end of a calendar year after the minimum term of 12 months has elapsed.
  • 10.5. Annual subscriptions are concluded for a period of one year. Unless the customer cancels at least 30 days before the end of the one-year period, the subscription is automatically extended by another year.
  • 10.6. Subscriptions with different terms are concluded for the agreed term (e.g. three or six months). Unless the customer cancels at least 30 days before the end of the respective term (3 or 6 months), the subscription is automatically extended for a further period (of 3 or 6 months). Unless otherwise agreed, invoices are issued in advance for the respective term (3 or 6 months).
  • 10.7. Form of cancellation: The cancellation must be made by e-mail to hello@hypt.ch or directly online in the customer's HYPT account. Following the cancellation, Hypt sends an email with a confirmation link to the customer. When this confirmation has been received, the customer account will be terminated after the termination period.
  • 10.8. When canceling and terminating the subscription/licence/contract agreement, the customer login and the associated dashboards are blocked by the provider. The forwarding of the QR codes to the respective pages set up is thus interrupted and all maintenance of the continuing links is omitted.
  • 10.9. The parties remain free to immediately terminate the contract for good cause. There is an important reason for the provider to immediately terminate this contract, in particular if
  • 10.9.1. if the customer is bankrupt or the bankruptcy opening has been discontinued due to lack of assets;
  • 10.9.2. if the customer is in default with payment obligations arising from this contractual relationship to the extent of at least one month's fee and he has been warned unsuccessfully with a grace period of two weeks and under threat of termination of the contract;
  • 10.9.3. if the customer culpably violates legal regulations or interferes with copyrights, industrial property rights or naming rights of third parties when using the services subject to the contract;
  • 10.9.4. when using the distributed services for the purpose of promoting criminal, illegal and ethically questionable acts by the customer.

11. Confidentiality

  • 11.1. The provider undertakes to maintain confidentiality about all confidential transactions that come to its knowledge in the course of preparing, executing and fulfilling this contract, in particular business or trade secrets of the customer, and not to pass on this information to external third parties without the customer's authorization. This applies to any unauthorized third party, unless the transfer of information is necessary to properly fulfill the provider's contractual obligations.
  • 11.2. The customer authorizes the provider to publicly name the customer as a reference and to use general information about the agreed contract in an appropriate manner for marketing and sales purposes.

12. data protection

  • By accepting these terms and conditions, the customer simultaneously declares his agreement to the hypt privacy policy (https://join-hypt.com/datenschutz/) in the currently valid version. This is permanently posted on the hypt homepage. The customer declares that they know the document.

13. Intellectual property rights

  • All intellectual property rights to the services, the “hypt” software, the website and the documentation relating to the services remain the property of the provider.

14. Notices

  • 14.1. Unless a stricter form is required in this contract or by law, all notifications must be sent in writing to the addresses specified when the customer registered or on the provider's homepage. Sending via e-mail meets the written requirement in each case. Notices from the provider to the email address provided by the customer during registration are in any case considered a written communication.
  • 14.2. The contract partners are obliged to immediately notify the other contractual partner of changes of address (including e-mail); otherwise, notifications received at the address last announced in writing will be considered legally effective.

15. Salvatory clause

  • In the event that individual clauses of this agreement are ineffective in whole or in part, any invalid provisions must be reinterpreted, supplemented or replaced in such a way that the economic purpose pursued by the ineffective provision is achieved. The same applies in the event that there are regulatory gaps in this agreement.

16. Jurisdiction & choice of law

  • 16.1. With regard to all legal relationships arising from this contractual relationship, the parties agree to apply the law of the Swiss Confederation to the exclusion of the rules of international private law (IPR) and the uniform UN sales law (CiSG).
  • 16.2. Bern is agreed as the exclusive place of jurisdiction for all disputes that arise as part of the execution of this contractual relationship.

Bern, August 2021

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hypt is an Internet service from:

hypt AG

Worblaufenstrasse 147

3048 Worblauen

Switzerland