AGB

Scope:

1. These general terms and conditions (GTC) determine and regulate the contractual relationship between the customer (hereinafter referred to as the customer) and Semoto GmbH.
2. By signing the present contract with Semoto GmbH, the customer accepts the general terms and conditions of Semoto GmbH. If the customer also uses services, offers, and products from Google (all offers from Google, Google Business Profile), the corresponding conditions of Google apply.

Conclusion of the Contract:

1. The contract with Semoto GmbH comes into effect by signing the present contract or through electronic order confirmation, where the customer acknowledges and claims to have read the terms and conditions.
2. By ordering services, offers, and products from Google, the customer authorizes Semoto GmbH to conclude a corresponding contract with Google. The terms and conditions of Google apply in this case (see Clause 1 Scope).
3. The contract requires approval and consent from the managing director of Semoto GmbH. Any rejection should be communicated to the customer, if possible, within 7 working days from the contract conclusion.

Commencement and Duration:

1. The term begins with the signing or confirmation of the contract.
2. Terminations before the expiration of the agreed contract duration do not entitle to a reduction or waiver of the contractually determined sum.
3. The contract is concluded for a predetermined duration. If the contract is not terminated in writing 2 months before the expiration of the contract period, it automatically extends for the agreed term.

Services:

1. Semoto GmbH provides the services booked by the customer through the contract, allowing the customer to present themselves on the Internet or according to the selected products and services of Semoto GmbH.
2. The customer is responsible for notifying Semoto GmbH promptly if a linked website is no longer active. Semoto GmbH will make this change within a reasonable period.
3. For the agreed service provision by Semoto GmbH, it is the customer's responsibility to provide the necessary publication content such as texts, images, logos, films, and graphic representations, etc. These publication contents must comply with the guidelines and defined design specifications of Semoto GmbH and Google. The customer bears full responsibility for the publication content in the technical and legal aspects. The customer has the task and responsibility to check the services booked through the contract, or if the same data is no longer visible online, the customer must promptly report this to Semoto GmbH on their own initiative. In this regard, no customer claims can be retroactively offset against claims to Semoto GmbH.

Execution:

1. For a fee, the customer can adjust or change the publication content of their company entry (texts, images, logos, films, graphic representations, etc.) on the publication pages of mylokalesucheAG and Google Business Profile at any time.
2. Semoto GmbH is not obligated to check the publication content of customers for technical and legal suitability.
3. Semoto GmbH cannot guarantee a specific functionality of its own services or those of third-party providers (e.g., Google) but resolves technical disruptions as quickly as possible.
4. However, Semoto GmbH reserves the right to reject, modify, remove, or delete publication content even during ongoing contracts for legal, moral, ethical, political, or other reasons. This is especially applicable if the publication content does not comply with the present terms and conditions or the guidelines.

Usage Rights:

1. The customer confirms that the publication content provided to Semoto GmbH does not violate legal, immoral, competition law/copyright regulations.
2. The customer confirms that they have the necessary rights for the publication of advertisements and publication content by Semoto GmbH and Google.
3. Semoto GmbH assumes no liability for any claims by third parties related to the publication of content by Semoto GmbH for the contracting party. Upon becoming aware of such claims by third parties, the customer must promptly inform Semoto GmbH. If third parties make claims directly against Semoto GmbH, the customer agrees to fully indemnify Semoto GmbH (including payment of any damages) within 10 days from the termination.
4. The customer consents to the use of production content and general data, as well as personal information, provided to Semoto GmbH within the framework of the concluded contract.

Data Protection:

1. Semoto GmbH complies with the provisions of Swiss data protection legislation and its guidelines when collecting and processing data provided to it.
2. Semoto GmbH is particularly entitled to capture, process, and publish the production content and advertisements of customers for its own advertising purposes and to other third parties.
3. To develop market-oriented offers, the customer agrees to the collection and processing of customer data for market research, consulting, and advertising purposes.

Prices and Payment Conditions:

1. The price agreed upon in the contract for products and services is to be paid within 15 days of receiving the corresponding invoice.
2. In the event of non-compliance with payment deadlines (Clause 1), if the customer defaults, Semoto GmbH is entitled to suspend or remove the published production content, including Google entries, without prior notice and without consequences for damages. In this case, if the customer fails to meet the payment deadlines (Clause 1), no customer claims can be offset against claims to mylokalesucheAG.

Liability:

1. Semoto GmbH is only liable for gross negligence and only for direct or intentionally caused damages. The liability for auxiliary persons of Semoto GmbH is generally excluded. The liability for intentionally caused damages is limited in amount to a maximum of the reimbursement of the services booked through the contract.
2. Semoto GmbH assumes no liability for lost profits, consequential damages, interruptions, maintenance work, etc., or in relation to other third parties such as Google.

Changes and Additions:

1. Changes and additions to the contract must be made in writing and signed by both parties.
2. Semoto GmbH reserves the right to change the terms and conditions at any time. The customer must be informed about changes. The customer is entitled to terminate the contract on the effective date of the amended terms and conditions, taking into account a notice period of 1 month in writing. The right of termination expires with the entry into force of the amended terms and conditions.
3. Semoto GmbH is entitled to transfer this contract to any third parties for the provision of its services.

Jurisdiction:

1. For customers with a foreign place of residence or business, the registered office of Semoto GmbH is the place of execution and the exclusive place of jurisdiction for all proceedings.
2. The place of jurisdiction is the registered office of Semoto GmbH.

Applicable Law:

1. The contract between the parties is subject exclusively to Swiss law.