General Terms and Conditions
for the use of Vemido
Version dated: March 10, 2026
1. Provider
The provider of Vemido is:
Thomas Sokolowski
Niederlenzerstrasse 79
5600 Lenzburg
Switzerland
Vemido is operated under the designation “Vemido” and is accessible via the website www.vemido.com.
2. Scope of Application
2.1 These General Terms and Conditions govern the conclusion, content, and performance of all contractual relationships between the Provider and its customers relating to the use of the Vemido software solution and any related services.
2.2 Vemido is intended exclusively for businesses, self-employed persons, associations, foundations, public-law entities, and other organizations. The conclusion of contracts with consumers for private purposes is excluded unless expressly agreed otherwise in writing.
2.3 Any conflicting, supplementary, or deviating terms and conditions of the Customer shall not apply unless the Provider has expressly agreed to their validity in writing.
2.4 In the event of any conflict, individual quotations, service descriptions, price lists, supplementary agreements, data processing agreements, service descriptions, or other contractual documents shall take precedence over these GTC.
3. Conclusion of Contract
3.1 The contract is concluded through acceptance of a quotation, an online order, registration, activation of a customer account, or use of Vemido’s services.
3.2 Upon conclusion of the contract, the Customer acknowledges these GTC as a binding part of the contract.
3.3 The Provider is entitled to reject registrations, orders, or contract conclusions without stating reasons.
4. Subject Matter of the Contract
4.1 Vemido is a digital software solution for the management, organization, and execution of booking, appointment, resource, and related administrative processes.
4.2 The specific scope of services is determined by the package booked in each case, the current service description, the quotation, and any supplementary agreements.
4.3 The Provider owes the provision of the contractually agreed functions in accordance with the current technical and operational standard. Any particular economic success, specific increase in revenue, specific cost saving, or suitability for a special purpose assumed by the Customer shall only be owed if expressly warranted in writing.
4.4 The standard scope of services does not include, in particular, individual legal advice, tax advice, business consulting, industry-specific compliance reviews, custom developments, migrations, interface customizations, data cleansing, content reviews, or customer-specific special solutions, unless expressly agreed.
4.5 The Provider is entitled to further develop Vemido technically and functionally, to modify, expand, restrict, or replace functions with equivalent functions, provided that the essential contractual benefit is not unreasonably impaired as a result.
4.6 Vemido may be used free of charge for a period of 30 days. The trial period begins when the account is activated and ends automatically after 30 days unless a paid continuation is agreed. If no continuation is agreed, all data of the trial account will be irreversibly deleted after the trial period ends. It is the user’s responsibility to arrange a continuation in due time before the trial period ends or to secure the data by other means. Vemido shall not be liable for data losses resulting from the user failing to arrange a timely continuation or failing to perform their own data backup. The free trial period may only be used once per user, per company, and per account. Separately designated paid service packages, in particular our SMS messaging, are not part of the free trial period and will be charged separately if used, including during the trial period.
5. Right of Use
5.1 For the duration of the contract, the Provider grants the Customer a non-exclusive, non-transferable, non-sublicensable, and revocable right to use Vemido within the contractually agreed scope.
5.2 All rights in and to Vemido, in particular copyrights, trademark rights, distinctive signs, database rights, rights in software, source code, user interfaces, layouts, designs, configurations, documentation, concepts, modules, and further developments, shall remain exclusively with the Provider or the respective rights holders.
5.3 In particular, the Customer is prohibited from:
- reproducing Vemido in whole or in part, renting, leasing, reselling, or making it available to third parties, whether for consideration or free of charge;
- modifying, reverse engineering, decompiling, or reconstructing the source code of Vemido, except to the extent mandatorily permitted by law;
- disclosing access credentials to unauthorized third parties;
- using or having Vemido analyzed for the purpose of building or operating competing systems.
6. Customer Obligations
6.1 The Customer is solely responsible for the use of Vemido, for all content entered, uploaded, stored, processed, transmitted, or published, and for the conduct of its employees, agents, administrators, and end users.
6.2 The Customer undertakes to use Vemido exclusively in a lawful, proper, and contractually compliant manner.
6.3 In particular, the Customer shall ensure that no content is processed, stored, or published via Vemido that:
- violates applicable law;
- infringes the rights of third parties, in particular copyright, trademark, design, name, personality, or data protection rights;
- is misleading, deceptive, insulting, discriminatory, immoral, extremist, or criminal in nature;
- contains malware, malicious scripts, viruses, trojans, or other elements that endanger security.
6.4 The Customer is solely responsible for complying with all legal, regulatory, contractual, and professional requirements necessary for its activities. This applies in particular to regulations relating to data protection, unfair competition law, employment law, tax law, consumer protection law, health law, professional regulations, and industry-specific special regulations.
6.5 The Customer is obliged to keep all access credentials, passwords, authentication features, administrative access credentials, and other security features confidential, to protect them against access by unauthorized third parties, and to make them available only to authorized persons.
6.6 The Customer is solely responsible for the security of its user accounts, access credentials, and authentication features within its own organizational and sphere of responsibility. The Customer shall implement appropriate technical and organizational protective measures, in particular:
- the use of sufficiently secure, individual, and confidential passwords;
- the secure storage and management of access credentials;
- the restriction of access rights to actually authorized persons;
- the immediate modification, withdrawal, or blocking of authorizations upon departure, change of function, or loss of authorization;
- the protection of the end devices, browsers, email accounts, and internal systems used against unauthorized access;
- the immediate change of compromised or suspected compromised access credentials;
- the use of additional security mechanisms where such are provided by the Provider or are reasonable for the Customer under the circumstances.
6.7 The Customer shall ensure that access credentials are not stored, documented, transmitted, or disclosed jointly, unencrypted, carelessly, or otherwise in a manner susceptible to misuse.
6.8 All actions performed using the Customer’s valid access credentials, user accounts, or authentication features shall be attributed to the Customer unless the Customer proves that such use was caused exclusively by circumstances lying exclusively within the Provider’s sphere of responsibility.
6.9 The Customer shall notify the Provider without undue delay of any suspicion of loss, theft, disclosure, misuse, or other compromise of access credentials and shall take all reasonable measures to mitigate damage.
6.10 In the event of suspected misuse, a security risk, or unauthorized access, the Provider is entitled to temporarily block user accounts or access, reset passwords, deactivate authentication means, or take other appropriate security measures.
6.11 Unless a separate backup or restore service has been expressly agreed in writing, the Customer is obliged to independently back up all data essential to its business operations outside Vemido at appropriate intervals and under its own responsibility. In particular, the Customer must ensure that data exports are performed, backups are verified, and, where necessary, data can be restored or otherwise used independently of the Provider.
6.12 The Customer is obliged to notify the Provider without undue delay of any recognizable defects, malfunctions, security incidents, or cases of misuse and to cooperate to a reasonable extent in error analysis and remediation.
6.13 The Customer acknowledges that the protection of its user accounts, access credentials, and authentication features forms an essential part of its own operational security organization.
6.14 The Provider assumes no responsibility for how the Customer internally manages, stores, documents, discloses, or organizationally safeguards access credentials, unless this is expressly the subject of a separate written security or administration agreement.
6.15 The Customer bears the risk of damage, data loss, incorrect bookings, unauthorized modifications, deletions, disclosures, or other disadvantages resulting from insufficient protection, disclosure, revelation, theft, or misuse of its access credentials within its sphere of influence, organization, or responsibility.
6.16 The Customer is obliged to design its internal processes in such a way that unauthorized access, privilege escalation, password sharing, shared user accounts, and misuse of administrative rights are prevented as far as possible.
7. Prices and Payment Terms
7.1 The prices agreed at the time of conclusion of the contract shall apply.
7.2 Unless stated otherwise, all prices are quoted in Swiss francs (CHF) and exclude any applicable statutory charges, in particular value added tax.
7.3 Recurring fees are payable in advance. One-time services, additional services, expenses for support, training, setup, data migration, custom developments, or third-party integrations shall be invoiced separately unless otherwise agreed in writing.
7.4 Invoices are payable without deduction within the payment period stated on the invoice.
7.5 In the event of default in payment, the Customer owes statutory default interest as well as reminder fees, collection costs, debt enforcement costs, and other reasonable enforcement costs.
7.6 Set-off against counterclaims is permitted only if such counterclaims are undisputed or have been finally adjudicated.
8. Default in Payment, Blocking, and Refusal of Performance
8.1 If the Customer is in whole or partial default with due payments, the Provider is entitled, at its sole discretion and without any obligation to compensate the Customer, to:
- refuse services in whole or in part;
- temporarily or permanently block access to Vemido;
- restrict functions;
- deactivate accounts;
- declare outstanding claims immediately due and payable, to the extent permitted by law.
8.2 The blocking or discontinuation of services does not release the Customer from its existing payment obligations.
8.3 The Provider is also entitled to block, restrict, or discontinue services in whole or in part with immediate effect if:
- there is a violation of these GTC;
- there is suspicion of unlawful or abusive use;
- the use poses a risk to the stability, integrity, or security of Vemido, third parties, or the Provider’s IT infrastructure;
- official, judicial, or other legal reasons require such action.
8.4 The Provider is not obliged to conclusively clarify all factual or legal issues before implementing a suspension, provided that, from an objective perspective, there is a factual reason for a precautionary measure.
9. Prohibited Content and Unlawful Use
9.1 The Customer may not use Vemido to publish, distribute, store, or process unlawful content.
9.2 The Provider is entitled to block, deactivate, or restrict the availability of content if there are concrete indications of a legal violation, a breach of these GTC, or a risk to third parties.
9.3 The Provider is not obliged to generally or proactively review or continuously monitor the legality of content posted or processed by the Customer.
9.4 The Customer shall be fully liable to the Provider for all disadvantages, damages, costs, and claims incurred by the Provider as a result of unlawful or contractually non-compliant content or use by the Customer.
10. Availability, Maintenance, and Technical Requirements
10.1 The Provider will endeavor to operate Vemido with as few disruptions as possible.
10.2 Unless a separate service level agreement has been expressly concluded, the Provider does not owe any specific minimum availability, uninterrupted accessibility, continuous operational readiness, or completely error-free functioning of Vemido.
10.3 The Provider is entitled to temporarily take Vemido out of operation in whole or in part, or to restrict its functionality, for maintenance, security updates, patches, upgrades, migrations, releases, bug fixes, performance optimizations, load balancing, backups, tests, or other technical work.
10.4 Disruptions, interruptions, delays, data loss, performance reductions, or functional impairments may in particular be caused by:
- failures of servers, data centers, hosting providers, or telecommunications networks;
- power outages or hardware defects;
- software errors;
- cyberattacks, malware, or security incidents;
- overloads;
- interference by third parties;
- lack of or insufficient compatibility of end devices, browsers, operating systems, or third-party systems;
- force majeure.
10.5 The Provider gives no warranty as to the compatibility of Vemido with all browsers, end devices, operating systems, APIs, plug-ins, email services, payment services, SMS services, third-party modules, or other third-party systems, unless expressly agreed in writing.
11. Data Backup and Backups
11.1 To the extent that technical options for data backup, backups, exports, or restoration exist within Vemido, they serve exclusively as a supporting function and, absent an express written supplementary agreement, do not establish any obligation of the Provider to perform complete, gapless, continuously available, or always successful data backup or data restoration.
11.2 The Customer is solely responsible for data backup in accordance with its business, legal, and operational requirements. The Customer shall regularly secure data essential to its business operations in an appropriate form, use export options, periodically verify the readability and completeness of its backups, and implement appropriate organizational emergency measures.
11.3 The Provider gives no warranty that backups, backup states, or export files will be available at all times, complete, current, error-free, or suitable for every purpose of the Customer.
11.4 Data restoration shall, where technically possible, be performed exclusively on the basis of the backup states available at the relevant time. There is no entitlement to restoration of any particular data set, version, or point in time.
11.5 To the extent permitted by law, the Provider shall not be liable for damage resulting from the Customer’s failure to back up, export, verify, archive, or otherwise keep its data available independently of Vemido, or from doing so insufficiently. This also applies to damage resulting from the Customer’s insufficient protection of its access credentials, thereby enabling unauthorized third parties to gain direct or indirect access to data, functions, bookings, or systems.
12. Liability
12.1 The Provider shall be liable only for direct damage demonstrably caused to the Customer by intentional misconduct or gross negligence on the part of the Provider. To the extent permitted by law, the Provider’s liability for slight negligence is excluded.
12.2 To the extent permitted by law, any liability of the Provider is excluded for:
- indirect and consequential damage;
- loss of profit;
- loss of revenue, loss of earnings, loss of income, and loss of business;
- business interruptions, production outages, missed deadlines, and loss of productivity;
- data loss, data corruption, data inconsistencies, and restoration costs;
- reputational damage;
- claims by third parties against the Customer;
- damage resulting from system failures, unavailability, malfunctions, miscalculations, incorrect processing of bookings, delayed or omitted notifications, transmission errors, interface errors, input errors, or configuration errors;
- damage resulting from failures or disruptions of hosting, cloud, data center, network, domain, browser, payment, SMS, email, API, or other third-party services;
- damage resulting from incorrect, incomplete, delayed, or unlawful data or content of the Customer;
- damage resulting from insufficient data backup by the Customer;
- damage resulting from force majeure;
- damage resulting from loss, theft, disclosure, transmission, insufficient safeguarding, or misuse of the Customer’s access credentials, user accounts, or authentication features, insofar as the cause lies wholly or partly within the Customer’s sphere of influence, organization, or responsibility.
12.3 In particular, the Provider shall not be liable for damage, financial losses, or lost income arising from the temporary or permanent unavailability of Vemido, from bookings not being processed, being processed late, or being processed incorrectly, from data being lost or corrupted in whole or in part, from data not being restorable in time, or from third parties gaining access to Vemido or to data processed therein as a result of insufficient protection of the Customer’s access credentials.
12.4 To the extent permitted by law, the Provider shall in particular not be liable for damage, data loss, incorrect bookings, unauthorized data alterations, unauthorized bookings, financial losses, or other disadvantages arising from third parties gaining access to Vemido or to data processed therein as a result of insufficient protection of the Customer’s access credentials.
12.5 The Customer acknowledges that Vemido is an internet-based software system whose operation depends on technical infrastructure and third-party services. Temporary unavailability, disruptions, delays, data loss, or data corruption cannot be ruled out with absolute certainty even where the standard of care customary in the industry is applied.
12.6 To the extent permitted by law, the Provider’s total liability per event of damage and per contract year is limited to the amount of remuneration actually paid by the Customer during the twelve months preceding the event giving rise to the damage.
12.7 Any further contractual or non-contractual liability of the Provider is excluded.
12.8 Mandatory statutory liability provisions remain reserved.
13. Warranty
13.1 The Provider warrants that Vemido will be provided substantially in accordance with the agreed service description.
13.2 Insignificant deviations, purely visual defects, temporary disruptions, maintenance interruptions, or impairments that do not materially frustrate contractual use shall not give rise to warranty claims.
13.3 In the event of material defects, the Provider shall have the right, at its discretion and within a reasonable period, to remedy the defect, provide a workaround, provide a replacement, or adjust the affected function.
13.4 Any further claims of the Customer, in particular for price reduction, rescission, self-remedy, or damages, are excluded to the extent permitted by law.
14. Data, Data Protection, and Data Processing
14.1 To the extent that the Provider processes personal data on behalf of the Customer within the framework of Vemido, the Provider shall act as a processor within the meaning of the applicable data protection law.
14.2 The Customer remains responsible for the lawfulness of the data processing initiated by it. This applies in particular to the permissibility of the processing purposes, compliance with information obligations, obtaining any necessary consents, safeguarding data subject rights, and the permissibility of any disclosures.
14.3 The Provider shall implement appropriate technical and organizational measures to protect the processed data. Absolute data security is not owed.
14.4 The Provider is entitled to involve third parties and subprocessors in Switzerland and abroad in the performance of services to the extent legally permissible.
14.5 Upon conclusion of the contract, the parties shall enter into a data processing agreement (hereinafter referred to as the “DPA”). The DPA shall be made available to the Customer in its respectively applicable version during the electronic ordering, registration, or onboarding process. Before concluding the contract, the Customer shall have the opportunity to review the DPA in a storable format.
14.6 The DPA shall be deemed validly concluded when the Customer expressly agrees to it during the electronic ordering, registration, or onboarding process, in particular by clicking an appropriately designated checkbox or by completing the ordering process after having been expressly informed of the applicability of the DPA.
14.7 The relevant version of the DPA shall be the version displayed to the Customer at the time of its consent or otherwise made available in a storable format. For documentation and evidentiary purposes, the Provider is entitled to store the date, time, user account, contract or order ID, version status of the DPA, and the time of consent.
14.8 After conclusion of the contract, the Provider shall transmit to the Customer an electronic confirmation in text form, in particular by email, enclosing or linking to the version of the DPA applicable at the time of conclusion of the contract.
14.9 In the event of conflicts between these GTC and the DPA, the DPA shall take precedence for data protection issues relating to commissioned data processing. In all other respects, these GTC shall remain unaffected.
15. Indemnification
15.1 The Customer shall indemnify and hold harmless the Provider, its auxiliaries, and engaged third parties from and against all claims, demands, proceedings, damages, losses, fines, costs, and expenses arising out of or in connection with:
- any unlawful or contractually non-compliant use of Vemido by the Customer;
- the Customer’s content or data;
- infringements of third-party rights;
- violations of data protection, unfair competition, professional, or other regulatory obligations.
15.2 The indemnification also includes reasonable attorneys’ fees, consulting costs, court costs, investigation costs, settlement costs, and enforcement costs.
16. Support
16.1 Support services shall be provided only to the extent agreed.
16.2 Unless expressly agreed otherwise in writing, there are no guaranteed response, intervention, remediation, or restoration times.
16.3 The Provider is entitled to refuse support requests or invoice them separately if they:
- fall outside the agreed scope of services;
- are based on operator errors or configuration errors on the Customer’s side;
- cannot be reproduced;
- concern third-party software, third-party systems, or the Customer’s own infrastructure.
17. Term and Termination
17.1 Unless agreed otherwise, the contract is concluded for an indefinite period.
17.2 Recurring subscriptions or usage agreements may be terminated by either party with 30 days’ notice to the end of a current billing period, unless otherwise contractually agreed.
17.3 The right to terminate without notice for good cause remains reserved.
17.4 Good cause for the Provider exists in particular if:
- the Customer is in default with payments;
- the Customer violates these GTC;
- unlawful content or uses exist;
- system security is endangered;
- official or judicial requirements make continuation unreasonable.
17.5 Upon termination of the contract, the Customer’s right of use shall automatically end.
17.6 After the end of the contract, the Provider is entitled to block access and delete data upon expiry of any statutory or contractual retention periods.
17.7 It is the Customer’s responsibility to ensure, in good time before termination of the contract, that its data is exported or otherwise secured.
18. Changes to Services, Prices, and GTC
18.1 The Provider is entitled to amend services, functions, prices, and these GTC with effect for the future, provided there is an objective reason for doing so. Objective reasons include in particular:
- technical developments;
- security requirements;
- changes in legal or regulatory requirements;
- changes involving third-party providers;
- operational or economic necessities.
18.2 Changes shall be communicated to the Customer in an appropriate manner.
18.3 If the Customer does not object to a material change in text form within 30 days of notification, the change shall be deemed approved.
18.4 If the Customer objects in due time, the Provider is entitled to terminate the contract ordinarily or extraordinarily as of the effective date of the change.
19. Confidentiality
19.1 Both parties undertake to treat as confidential all commercial, technical, organizational, and operational information of the other party that is not generally known.
19.2 The confidentiality obligation shall not apply to information that:
- is generally known or becomes generally accessible without breach of contract;
- was lawfully obtained from third parties;
- must be disclosed due to a legal obligation or an official order.
20. Force Majeure
20.1 Neither party shall be liable for non-performance or delayed performance of its obligations to the extent caused by events beyond its reasonable control.
20.2 Cases of force majeure include in particular natural events, war, civil unrest, terrorism, pandemics, official orders, strikes, power outages, cyberattacks, failures of telecommunications or hosting infrastructures, and other unforeseeable and unavoidable events.
20.3 For the duration of an event of force majeure, the affected performance obligations shall be suspended.
21. Final Provisions
21.1 Should individual provisions of these GTC be or become wholly or partially invalid, void, or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a legally permissible provision that comes as close as possible to the economic purpose of the invalid provision.
21.2 Side agreements, amendments, and supplements must be made at least in text form in order to be valid, unless mandatory law requires a stricter form.
21.3 The Provider is entitled to assign rights and obligations arising from the contractual relationship, in whole or in part, to third parties.
21.4 The Customer may assign rights and obligations arising from the contractual relationship to third parties only with the Provider’s prior written consent.
21.5 Swiss substantive law shall apply exclusively, to the exclusion of conflict of laws rules.
21.6 The exclusive place of jurisdiction shall be Lenzburg, Switzerland, unless a mandatory statutory place of jurisdiction takes precedence.
