Terms of Service

Parties and Scope

These Terms of Service ("Terms") govern the use of the ARCHBiT MSP platform ("Service") provided by ARCHBiT GmbH, 6343 Rotkreuz, Switzerland ("ARCHBiT", "we", "us"). By registering for or using the Service, the Customer agrees to these Terms. These Terms form a binding contract under Swiss law.

Service Description

ARCHBiT provides an IT Service Management (ITSM) and Managed Service Provider (MSP) platform, including ticket management, SLA tracking, customer portal, billing, and related features. The Service is delivered as self-hosted software deployed on the Customer's own infrastructure. ARCHBiT GmbH does not operate shared hosting and has no access to Customer data or systems.

Subscription and Payment

3.1 The Service is billed monthly per seat. Pricing is as agreed in the subscription order or as displayed at time of registration.

3.2 Payment is due within 30 days of invoice. Late payments accrue interest at 5% per annum under OR Art. 104.

3.3 ARCHBiT reserves the right to suspend access for overdue accounts after 14 days written notice.

3.4 All prices are exclusive of VAT (MWST). Swiss VAT at the applicable rate will be added to invoices where required by law.

Data Processing

4.1 ARCHBiT processes personal data solely on behalf of the Customer as a data processor under Swiss nDSG and, where applicable, EU GDPR.

4.2 A Data Processing Agreement (DPA) is available upon request and forms part of these Terms when executed.

4.3 As the Service is self-hosted, Customer data resides exclusively on the Customer's own infrastructure. ARCHBiT GmbH has no access to this data.

4.4 ARCHBiT implements technical and organisational security measures including encryption in transit (TLS 1.3), role-based access controls, and full audit logging on its own systems.

Availability and SLA

ARCHBiT targets 99.5% monthly uptime of its licensing and authentication infrastructure, excluding scheduled maintenance (announced 48 hours in advance) and force majeure. As a self-hosted product, application uptime is the Customer's own responsibility.

Acceptable Use

Customer shall not use the Service to:

• Violate any applicable law or regulation
• Transmit malicious code or interfere with the Service's integrity
• Attempt unauthorised access to systems or other Customer tenants
• Resell or sublicense the Service without a written reseller agreement with ARCHBiT

Intellectual Property

ARCHBiT retains all intellectual property rights in the Service and its underlying software. Customer retains all rights in their data. Customer grants ARCHBiT a limited, non-exclusive licence to process their data solely to provide the Service.

Limitation of Liability

To the maximum extent permitted by Swiss law, ARCHBiT's total liability for any claim arising from these Terms shall not exceed the fees paid by Customer in the three months preceding the claim. ARCHBiT is not liable for indirect, incidental, or consequential losses.

Termination

Either party may terminate with 30 days written notice. ARCHBiT may terminate immediately for material breach. Upon termination, any account and billing data held by ARCHBiT is retained for 30 days, then deleted, unless earlier export is requested in writing.

Governing Law and Jurisdiction

These Terms are governed exclusively by Swiss law, excluding conflict of law rules and the UN Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction is Zug, Switzerland.

Changes to These Terms

ARCHBiT may update these Terms with 30 days notice by email. Continued use of the Service after the effective date constitutes acceptance of the updated Terms. If Customer objects, they may terminate without penalty within the notice period.