Terms of Service

Power Manufaktur GmbH, UID CHE-153.237.765, Mettenwilstrasse 1, 6203 Sempach Station, Switzerland, info@powermanufaktur.com. The company is domiciled in Switzerland; the software is intended for companies and public bodies throughout the DACH region (Germany, Austria and Switzerland).

This English version is a convenience translation. In case of discrepancies the German version prevails.

1. Scope

1.1 These terms govern the commercial framework agreement for the provision and use of the software products of the Power IMS family (including Power Risk, Power Audit, Power Safety, Power Maintenance, Power QMS, Power CI, Power Knowledge, Power Energy, Power SRM, Power Hub and further modules, the «software») by Power Manufaktur GmbH (the «provider») to companies and public bodies (the «customer»). Contracting parties may be organisations domiciled in Germany, Austria or Switzerland. The technical licence scope, rights of use and usage restrictions are governed by the End User Licence Agreement (EULA); the processing of personal data is governed by the Data Processing Agreement (DPA). The EULA and DPA are integral parts of every contract. In case of conflict, these terms prevail over the EULA and the DPA prevails over these terms; individual written agreements always take precedence.

1.2 The software is intended exclusively for business use in the DACH region. No contracts are concluded with natural persons acting as consumers.

1.3 Deviating or additional customer terms require the provider's express written consent to be valid.

2. Scope of services

2.1 The software is provided as a web application integrated into Microsoft 365 / Microsoft Teams.

2.2 The customer's business data is stored in the customer's own Microsoft 365 tenant (SharePoint). The provider operates the application logic and delivery.

2.3 A valid Microsoft 365 tenant with the required licences and the granting of the Microsoft Graph permissions listed in the documentation by a tenant administrator are prerequisites.

2.4 The functional scope follows from the product description valid when the contract is concluded. Further development is permitted as long as the agreed core benefit is preserved.

3. Trial

3.1 The provider may grant time-limited trial access. Duration and scope follow from the registration form or the licence confirmation.

3.2 Trial access is provided without warranty and without any availability commitment.

3.3 After expiry, write functions are disabled; read access remains as long as the customer keeps the software installed. Data remains in the customer's tenant.

4. Licence and reference to the EULA

4.1 The customer receives a non-exclusive, non-transferable right of use for the agreed number of users: for the contract term under a subscription, and perpetually for the purchased major version under a purchase. Details of the licence scope, authorised users, usage restrictions, rights in the software and trial installations are governed by the EULA.

4.2 The licence is validated technically. If the licence is invalid or expired, write functions are disabled.

4.3 All rights in the software, concepts, templates and documentation remain with the provider. The provider acquires no rights in the customer's content.

5. Pricing models, prices and payment

5.1 The price list agreed at conclusion of contract applies, subject to price changes under clause 5.7. Current prices are published on the pricing page. Prices are in CHF plus statutory VAT.

5.2 Subscription (rental): time-limited right of use against a recurring fee. Billing annually in advance, payment term 30 days net. Version updates of the respective module are included during the paid term. When the contract ends, the right of use ends (clause 14).

5.3 Purchase (perpetual licence, where offered for a module): perpetual right of use for the major version current at the time of purchase, for the agreed number of users. The fee is due once on delivery, payment term 30 days net. Not included are upgrades to new major versions, maintenance and support; these require a maintenance contract under clause 5.5. The functionality of the purchased version may depend on Microsoft 365 and other third-party services. Without a maintenance contract there is no entitlement to adaptations of the software following changes to those services; statutory warranty rights remain unaffected.

5.4 Power Hub is provided free of charge when at least one Teams-based chargeable module is licensed. There is no standalone entitlement to Power Hub without a Teams-based chargeable module.

5.5 Maintenance and support are never included in the module price – neither for rental nor for purchase – and Basic Support is mandatory when licensing a module. It is charged separately at 15% of the respective module price per year via a maintenance contract. The extended tier and additional hour packages with volume discounts are optional. Without a maintenance contract, services beyond the statutory warranty (clause 10) are provided on a time-and-materials basis at the applicable hourly rates.

5.6 Additional services such as onboarding, configuration, data migration, training and customisations are likewise not included in the module price and are billed on a time-and-materials basis or per separate quote.

5.7 Price changes for recurring fees (rental, maintenance) are announced 90 days before the next renewal date. The customer may terminate as of the effective date.

5.8 In case of payment default, the provider may suspend access after a written reminder and a reasonable grace period. Payment obligations continue during suspension.

5.9 Payment processing and refund policy: Orders placed through our website are processed by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all such orders. Paddle provides payment processing, tax, invoicing, customer service and returns. For online purchases and annual subscriptions, a 14-day refund guarantee applies from the order date, subject to the exclusions and deductions in the refund policy. Refunds are handled by Paddle; the customer may submit the request directly with Paddle within this period. After the 14-day period, the ordinary termination provisions under clause 14 remain reserved.

6. Availability and support

6.1 The provider targets 99.00 % availability on a monthly average, measured outside announced maintenance windows. Outages of Microsoft 365, the customer's network or other third-party services are not counted.

6.2 Support requires a valid maintenance contract (clause 5.5). Scope, response and service times follow from the selected maintenance tier; without a maintenance contract, support is provided on a time-and-materials basis with no committed response time. Contact: info@powermanufaktur.com, business days Mon–Fri, 08:00–17:00.

6.3 Maintenance work is announced in advance where possible.

7. Customer obligations

7.1 The customer administers its users, roles and permissions and protects access credentials.

7.2 The customer is responsible for the lawfulness of the content it records and ensures that individuals whose data it records are appropriately informed.

7.3 The customer is responsible for backing up its data in its own tenant (including retention policies and recycle bin settings).

7.4 The customer reports identified security incidents or malfunctions without delay.

8. AI features

8.1 The software contains optional AI-assisted features (report drafts, summaries, translations and others).

8.2 The AI provider is configurable; the default is Azure OpenAI in the West Europe region. If the customer selects a different provider, the customer is responsible for the resulting data transfer.

8.3 AI output constitutes drafts without any guarantee of accuracy. The customer reviews it before use. Liability for the factual accuracy of AI output is excluded to the extent permitted by law.

9. Data protection

9.1 Where the provider processes personal data on behalf of the customer, the data processing agreement (DPA) forms an integral part of this contract.

9.2 The customer consents to the use of the subprocessors listed in the subprocessor register; changes are announced in accordance with the DPA.

9.3 Details on data processing within the modules are set out in the privacy notice for the Power IMS apps. Use of our websites is governed by the separate website privacy notice, which is not part of the services under these terms.

10. Warranty

10.1 The provider warrants that the software substantially conforms to the product description valid when the contract is concluded. For purchases, defects in the delivered major version may be claimed within 12 months of delivery, regardless of whether a maintenance contract exists.

10.2 The provider begins remedying a reported defect within 30 calendar days. If remediation fails after two unsuccessful attempts, under a subscription the customer may extraordinarily terminate the affected contract and receive a pro-rata refund of prepaid, unused fees. For a purchase, the customer may rescind the purchase of the affected module within the warranty period and receive its purchase price back in exchange for relinquishing the right of use. Mandatory statutory rights remain unaffected.

10.3 Any further warranty is excluded to the extent permitted by law.

11. Liability

11.1 The provider is liable without limitation for intent and gross negligence, and for personal injury under mandatory law.

11.2 Otherwise liability is limited to direct damage, per damage event and in aggregate for all damage events in a contract year, to one times the annual net order value of the affected module. For a one-time purchase, the net purchase price of the affected module is the order value. Any additional recurring fees due for the affected module in that contract year are taken into account. No fixed minimum liability amount applies. Statutory liability rules apply to free trials.

11.3 Liability and related damage claims for lost profit and for indirect or consequential damage are excluded. For data loss, the provider is liable only for the cost of restoring data from a reasonable customer backup, to the extent permitted by law.

11.4 The limitations of liability do not apply where mandatory law provides otherwise.

11.5 The provider is not liable for damage caused by force majeure to the extent permitted by law.

12. Confidentiality

Both parties keep the other party's confidential information confidential during the contract term and for 3 years thereafter, and disclose it only to persons who need it to perform the contract.

13. Use as a reference

The provider may name the customer and use its logo as a reference only with the customer's prior written consent.

14. Term and termination

14.1 Rental: term of 12 months, renewed by 12 months at a time unless terminated with 3 months' notice to the end of the term.

14.1a Purchase: the purchase contract is fulfilled on delivery and payment; the right of use for the acquired major version is perpetual. Any maintenance contract runs for 12 months and renews by 12 months at a time unless terminated with 3 months' notice; it can be terminated independently of the purchase contract.

14.2 The right to extraordinary termination for good cause remains reserved.

14.3 When a rental contract ends, the right of use ends; with a purchase it persists. In either case business data remains in the customer's tenant and can continue to be used or exported by the customer. The provider deletes data remaining in its area of responsibility in accordance with the DPA.

15. Changes to these terms

Changes are communicated in text form at least 90 days in advance. If the customer does not object within this period or continues to use the software, the changes are deemed accepted for ongoing and future services. In case of material disadvantages the customer may terminate an ongoing subscription or maintenance contract as of the effective date. An existing perpetual right of use for a purchased major version remains unaffected.

16. Final provisions

16.1 Place of performance and jurisdiction: Lucerne, Switzerland.

16.2 Governing law: Swiss law, excluding the CISG and conflict-of-law rules.

16.3 If a provision is invalid, the remainder of the contract remains valid; the invalid provision is replaced by an economically equivalent one.