Terms of Service

The Service is provided by Marco Berger, Talgut 425, 3123 Belp, Schweiz (email: info@brushledger.com, phone: +41 79 707 70 96).

These Terms apply to all contracts concluded through the Service and to the use of all BrushLedger features. Deviating terms of the Customer apply only if the Provider agrees to them in writing.

BrushLedger is web-based software (software as a service) for managing artworks, projects, materials, colours, customers and exhibitions.

The Provider makes the Service available for use over the internet. No software is provided for local installation. The specific scope of functions depends on the chosen subscription and the service description in force at the time.

The Provider is entitled to further develop the Service and to modify or replace individual features, provided the essential scope of services is maintained.

Use of the Service requires a user account. The Customer provides truthful and complete information and keeps it up to date.

Access credentials must be kept confidential and protected from third-party access. The Customer is responsible for all activity under their account.

The offering is directed at adults with legal capacity as well as at businesses.

The Service is provided under a paid subscription. The subscription is concluded for the term selected at the time of order (e.g. monthly or annually).

The subscription renews automatically for an equally long period at the end of each term unless cancelled in due time (see Section 7).

Where offered, the Service may be used during a free trial period of 7 days. If the subscription is not cancelled before the end of the trial period, it converts into a paid subscription.

The prices shown in the Service at the time of order, in USD, apply. The current price list is decisive.

Insofar as the Provider is subject to VAT, prices are inclusive of statutory VAT; otherwise no VAT is shown.

Payment is made in advance for the respective billing period via the payment service provider offered in the Service. The Customer authorises the Provider to charge the amounts due to the stored payment method.

In the event of late payment, the Provider is entitled to suspend access to the Service after prior reminder. Further statutory claims remain reserved.

The Provider may adjust prices with effect from the start of the next term. The Customer will be informed of price changes at least 30 days in advance and may otherwise cancel the subscription as of the effective date.

The Customer uses the Service within the framework of the applicable laws and these Terms.

•No unlawful, infringing or harmful content may be uploaded or distributed.

•The security and functionality of the Service must not be impaired (e.g. through malware or automated mass access).

•The Customer is responsible for the lawfulness of the content and data they submit.

The Customer may cancel the subscription at any time via the user account, effective at the end of the current billing period. Fees already paid are not refunded unless mandatory law provides otherwise.

The Provider may cancel the subscription with 30 days’ notice as of the end of a term.

The right to extraordinary termination for good cause remains reserved for both parties, in particular in the event of a material breach of these Terms.

The Provider is entitled to discontinue the Service in whole or in part at any time. The Provider will notify Customers by email at least 30 days in advance.

Fees prepaid for a period extending beyond the discontinuation date will be refunded on a pro rata basis.

From the announcement until discontinuation, Customers have the opportunity to export their data; thereafter it may be deleted. Any further claims of the Customer arising from the discontinuation are excluded to the extent permitted by law.

The Provider endeavours to ensure high availability of the Service but does not owe uninterrupted availability. Maintenance, disruptions at the hosting provider and circumstances beyond the Provider’s control (force majeure) may lead to interruptions.

Planned maintenance is announced in advance where possible and scheduled for low-usage periods.

The Provider processes personal data in accordance with the Swiss Federal Act on Data Protection (FADP) and the Service’s privacy policy, which forms an integral part of the contractual relationship.

Content submitted by the Customer remains the Customer’s property. The Provider processes it solely to deliver the Service.

The Provider creates regular backups but this does not replace the Customer’s own data backup. After termination of the contract, the Customer’s data may be deleted after a reasonable period.

All rights to the Service, the software, the design and the trademarks remain with the Provider or its licensors. For the duration of the subscription, the Customer receives a non-exclusive, non-transferable right of use.

Reproduction, modification or distribution of the Service beyond contractual use is not permitted.

The Service is provided with reasonable care. The Provider does not warrant that the Service is fit for the Customer’s specific purposes, error-free or available without interruption.

The Provider’s liability for slight negligence is excluded to the extent permitted by law. In particular, the Provider is not liable for indirect damage, consequential damage, lost profit or data loss.

Liability for personal injury and for gross negligence and intent remains reserved to the statutory extent. Mandatory statutory liability provisions remain unaffected.

The Provider may amend these Terms, in particular in the event of changes to the Service or the legal situation. The Customer will be informed of material changes at least 30 days before they take effect.

If the Customer does not object within the period set or continues to use the Service after the changes take effect, the amended Terms are deemed accepted. Otherwise, the subscription may be cancelled as of the effective date.

Should individual provisions of these Terms be invalid, the validity of the remaining provisions remains unaffected. The invalid provision is replaced by a provision that comes closest to its economic purpose.

These Terms are governed exclusively by Swiss law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction is — to the extent permitted by law — the Provider’s domicile in Switzerland.

For questions regarding these Terms: info@brushledger.com.