These General Terms and Conditions (GTC) apply to all commercial transactions between cyway GmbH ("Provider") and its customers ("Customer"), unless otherwise agreed in writing. In the event of any conflict between these GTC and specific contractual documents, the Terms of Service shall prevail.
The Provider may use or provide third-party software, hardware, or services in connection with its offerings. Such components are subject to the respective third-party terms. The Provider assumes no additional warranty or liability beyond those terms and will assign any enforceable rights to the Customer where possible.
All intellectual property rights relating to the Provider's tools, software, and methodologies remain with the Provider or its licensors. The Customer is granted usage rights solely as required to use the contracted services.
Both parties agree to keep all non-public, business-relevant information received during the business relationship confidential, even after contract termination. This excludes information that was already lawfully known or becomes public without breach.
Each party is responsible for complying with applicable data protection laws, including the Swiss FADP and EU GDPR where applicable.
Service Deliverables are defined exclusively in the Service Description, in the Service Order and respective Statements of Work, where applicable. The Service Description takes precendence in resolving any conflicts with other documents as to the scope of service deliverables.
These GTC apply for the duration of the business relationship. Specific contract durations and termination terms are defined in the Service Order or applicable Terms of Service.
Rights and obligations under the contract may not be assigned or transferred without written consent from the other party.
All legal relations are governed by Swiss law. The exclusive place of jurisdiction is Zurich, Switzerland.
Should any provision of these GTC be held invalid, the remaining provisions remain unaffected. The invalid clause shall be replaced by a valid one that most closely reflects the intended purpose.