1. Introduction

Welcome to Buildrs CRM, a product of Elyon GmbH. These Terms of Service (“ToS”) govern your use of our CRM services. By accessing or using our services, you agree to be bound by these terms.

2. Service Description

Buildrs CRM is a cloud-based Customer Relationship Management (CRM) platform designed to help businesses manage customer data, sales processes, and marketing campaigns. Our platform offers features such as automated data entry, Web3 customer insights, predictive analytics, and seamless integration with both traditional and blockchain-based customer touchpoints.

3. Registration and Account

To use Buildrs CRM, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

4. Trial Period

We offer a trial period for our services. The duration of the trial period may vary. No special conditions apply during the trial period. After the trial period, regular charges will apply unless the service is terminated.

5. Payment and Fees

Fees for our services are as described on our platform. Payments can be made via credit card, invoice, or cryptocurrency. There are no late payment fees. All payments are due as per the chosen subscription plan.

6. Service Level Agreement (SLA)

• Availability: Buildrs CRM commits to a service uptime of 99.9%.
• Support: Standard support is available via email at [email protected]. Response times are within 24 hours on business days.
• Maintenance: Scheduled maintenance will be communicated at least 48 hours in advance. Unscheduled maintenance will be communicated as soon as possible.
• Data Backup: Daily backups are performed, with data retained for 30 days.
• Security: Regular security assessments are conducted in compliance with ISO and OWASP guidelines.

7. Termination

You may terminate your subscription at any time. Termination will take effect at the expiry of the paid period. No refunds will be provided for any unused portion of the subscription period.

8. Liability

In accordance with Swiss law, Buildrs CRM’s liability is limited to direct damages and excludes any indirect damages, including but not limited to lost profits. We serve enterprises and not consumers. The provisions of Article 101(2) of the Swiss Code of Obligations (OR) are expressly excluded from this agreement.

Limitation of Liability: 

To the fullest extent permitted by applicable law, Buildrs CRM shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the services; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; or (c) any other matter relating to the services.

Exclusion of Liability for Slight Negligence: 

Buildrs CRM excludes all liability for damages caused by slight negligence. This exclusion applies to all claims, whether based on contract, tort, or any other legal grounds.

No Exclusion for Gross Negligence or Intentional Misconduct: 

Notwithstanding the above, Buildrs CRM does not exclude or limit its liability for gross negligence or intentional misconduct, as such exclusions are not permissible under Swiss law.

Cap on Liability: 

In no event shall Buildrs CRM’s total liability for all claims related to the services exceed the amount of fees you paid to Buildrs CRM for the use of the services in the twelve (12) months preceding the event giving rise to the liability.

Essential Purpose: 

The limitations set out in this section shall apply even if a remedy set forth herein is found to have failed its essential purpose.

Mandatory Provisions: 

Nothing in this liability section is intended to limit any rights or remedies you may have under mandatory provisions of Swiss law.

9. Changes to the Terms

Buildrs CRM reserves the right to modify these ToS. Changes will be effective upon posting of the updated terms on our platform. Continued use of the service after such changes will constitute your consent to the changes.

10. Data Protection

Please refer to our Privacy Policy for information on how we collect, use, and disclose your personal data.

11. Governing Law and Jurisdiction

These ToS are governed by Swiss law, without regard to its conflict of laws rules. Any disputes arising out of or in connection with these ToS shall be subject to the exclusive jurisdiction of the courts of Switzerland.

12. Contact

For any questions or concerns regarding these ToS, please contact us at [email protected].