Terms And Conditions
1. Identification of the Providers
This management software ("Brushy" or "Platform") is independently developed, operated, and provided by two freelance developers based in Switzerland (hereinafter "Providers"). The service is not provided by an incorporated corporate entity.
2. Scope of Service and License Grant
The Providers grant the Salon a non-exclusive, personal, temporary, and revocable license to access the Platform features (appointment scheduling, customer records, internal cash records, inventory, and reporting).
3. "AS IS" Clause and Disclaimer of Warranties
The Platform is provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, express or implied. The Providers do not guarantee uninterrupted uptime or permanent data integrity. The Platform does not constitute certified accounting or fiscal software under Arts. 957 et seq. of the Swiss Code of Obligations (CO); the Salon remains exclusively responsible for its own accounting and tax compliance.
4. Limitation and Exclusion of Liability (Art. 100 CO)
To the maximum extent permitted by Swiss substantive law, excluding only cases of intent and gross negligence (Art. 100 para. 1 CO), the Providers are not liable for accidental data loss, lost profits, business interruption, or tax/administrative penalties. During the free Beta phase, maximum total liability is agreed at CHF 0.00; in the event of paid use of the service, this limit shall under no circumstances exceed the amount of the last monthly fee actually paid by the Salon.
5. Exclusive Duty of Verification and Independent Backup
The Salon assumes full responsibility for verifying all entered data and cash records. It is the exclusive, mandatory duty of the Salon to maintain independent external backups (paper or external digital media) of all data required for its operations and statutory obligations.
6. Appointment as Data Processor (Art. 9 FADP) and Sub-processors
Acceptance of these Terms constitutes the formal appointment of the Providers as Data Processors on behalf of the Salon (Data Controller) pursuant to Art. 9 of the Swiss Federal Act on Data Protection (FADP). The Salon grants general authorization to engage technical sub-processors (hosting servers in Germany/EU and automated GitHub Actions build pipelines).
7. Modification, Suspension, Termination, and Data Deletion
The Providers reserve the right to update features, suspend access, or terminate the Platform at any time without compensation. Upon service termination, the Salon has a strict period of 30 (thirty) days to export its data, after which all databases will be permanently and irreversibly deleted.
8. Account Security and Credentials
The Salon is solely responsible for maintaining the confidentiality of its login credentials. Any action carried out using the Salon's credentials shall be deemed performed directly by the Salon.
9. Feedback and Intellectual Property
Any suggestions, ideas, or feature improvement requests submitted by the Salon during the use of the Platform shall become the exclusive intellectual property of the Providers free of charge, with no entitlement to royalties or compensation.
10. Governing Law and Exclusive Jurisdiction
These Terms are governed exclusively by Swiss substantive law. Any dispute arising from the use of the Platform shall be subject to the exclusive jurisdiction of the courts at the domicile of one of the Providers in Switzerland (Canton of Ticino).