General terms and conditions

01Scope

These general terms and conditions (terms) apply to all contracts between Mitro Solutions GmbH, Spreitenbach ("Mitro") and its customers for the Curamitro software and for the distribution of the Vellastock software in Switzerland.

Different terms of the customer only apply if Mitro agrees to them in writing. In case of conflict, the individual contract (quote, contract, service description) takes precedence over these terms.

02Conclusion of contract

Mitro’s quotes are valid for 30 days unless stated otherwise. A contract is concluded when the individual contract is signed or when Mitro confirms the order in writing. Email satisfies the written form.

03Services: Curamitro

The scope of services is set out in the individual contract. It usually includes:

• delivery of two devices (operating device and standby device) and an uninterruptible power supply (UPS)
• installation and commissioning on the customer’s premises
• the right to use the Curamitro software for the agreed number of users
• maintenance, updates, backup to a data centre in Switzerland and support as per the individual contract
• introduction and training of staff, if agreed

An optional pilot phase, its duration and its acceptance criteria are set out in the individual contract.

04Services: Vellastock

Vellastock is developed by Nenad Arbutina. Mitro is the authorised distributor for Switzerland and provides advice, quotes, contract handling, introduction and training.

The right to use Vellastock is additionally governed by the manufacturer’s licence terms, which the customer receives with the quote. Operation, hosting and support of the customer instance are governed by the individual contract.

05Right of use

For the term of the contract, the customer receives a non-exclusive, non-transferable right to use the software for its own purposes. All rights to the software, the documentation and their further development remain with Mitro or with the manufacturer.

The customer may not copy, modify, reverse engineer or make the software available to third parties unless mandatory law permits it.

06Hardware

The delivered devices become the customer’s property upon full payment. The manufacturer’s warranty applies to the hardware; Mitro supports the customer in making claims under it.

The customer provides a suitable, lockable location with power and network connection and protects the devices against unauthorised physical access.

07Prices and payment

All prices are in Swiss francs (CHF) plus statutory VAT. Invoices are payable net within 30 days unless the individual contract provides otherwise. An agreed setup fee is due before installation begins.

If the customer is in default, Mitro may, after an unsuccessful reminder, charge default interest of 5% per year and suspend support and updates until payment. The customer’s access to its own data is not affected.

Mitro may adjust recurring fees with three months’ notice as of the start of a new contract year. If the customer does not agree, it may terminate the contract as of that date.

08Customer’s cooperation

The customer

• provides an internet connection for outbound connections and, if agreed, a static IP address on the local network
• manages the user accounts and ensures that credentials, two-factor devices and PINs do not reach unauthorised persons
• reports faults and security incidents without delay
• provides Mitro with the information needed for installation and support

09AI-generated content

Curamitro uses a local language model to produce drafts of reports and translations. These drafts may contain errors. The customer is responsible for having them reviewed, corrected and approved by a qualified professional before they are used.

Curamitro serves planning and documentation. It does not make diagnostic or treatment decisions.

10Support, maintenance and updates

Support is provided through the channels and at the times agreed in the individual contract. Remote access to a Curamitro device only takes place when the customer requests it. It is time-limited, logged and restricted to system and diagnostic data.

Updates are delivered signed and installed at a scheduled time. If the check after an update fails, the previous state is restored automatically.

11Data protection

The customer is the controller within the meaning of the Data Protection Act for the personal data it processes with the software. With Curamitro, this data is stored on the customer’s devices; Mitro has no access to this data or to the keys.

Where Mitro processes personal data on behalf of the customer, in particular when operating a Vellastock instance, the parties conclude a data processing agreement.

12Warranty

Mitro warrants that, when used properly, the software essentially corresponds to the service description. The customer reports defects in writing and in a reproducible way. Mitro remedies reported defects within a reasonable period by correction, update or workaround.

If the defect is not remedied within a reasonable grace period, the customer may request an appropriate reduction of the fees or, for material defects, terminate the contract. Further warranty claims are excluded to the extent permitted by law.

Mitro does not guarantee uninterrupted operation. There is no warranty for defects caused by changes made by the customer or third parties, improper use or the customer’s environment.

13Liability

Mitro is liable without limitation for damage caused intentionally or through gross negligence and for personal injury. Otherwise, to the extent permitted by law, liability is limited to the fees paid by the customer in the twelve months before the damaging event.

Liability for indirect and consequential damage, in particular lost profit, is excluded to the extent permitted by law. In the event of data loss, Mitro is only liable for the cost of restoring from the last agreed backup.

14Confidentiality

The parties treat all non-public information of the other party as confidential and use it only to perform the contract. This obligation continues after the contract ends.

15Term and termination

The term and notice periods are set out in the individual contract. Both parties retain the right to terminate the contract without notice for good cause.

16End of contract

When the contract ends, the customer receives, on request, a complete export of its data in a common format within 30 days. The keys are then destroyed and the devices’ drives wiped; Mitro confirms this in writing.

The hardware remains the customer’s property. The right to use the software ends with the contract.

17Final provisions

Amendments and additions must be in writing. If a provision is invalid, the rest of the contract remains valid; the invalid provision is replaced by one that comes closest to its purpose.

Swiss law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Place of jurisdiction is the registered office of Mitro Solutions GmbH in Spreitenbach.