Terms of use

1. Provider

avendo AG Hardturmstrasse 161 8005 Zurich, Switzerland UID: CHE-220.539.869 (VAT) Phone: +41 62 842 27 26 E-mail: immo@avendo.ch

2. Scope of services

The App provides users with functions for managing real estate objects, contacts, appointments and tasks in professional real estate business. The specific feature set is described in the App itself and on avendo.ch and may change as the App evolves.

3. User account

• Use of the App requires a personal account. You must provide truthful information on registration and keep it up to date.
• You are responsible for keeping your credentials confidential and for any actions taken through your account.
• An account may only be used by the registered person or, under a company subscription, by authorised employees.
• If unauthorised access is suspected, you must notify us immediately.

4. Permitted use

You agree to use the App exclusively in compliance with applicable law and for its intended professional purpose. In particular the following is prohibited:

• circumventing security measures or access restrictions
• automated scraping or crawling of the App (scraping, bots) without our written consent
• uploading unlawful, infringing or third-party-rights-violating content
• reverse engineering, decompiling or modifying the App, except where permitted by mandatory law
• using the App for mass distribution of unsolicited communication

5. Data and content you enter

You retain all rights to the content you enter in the App (contacts, documents, images, notes). You grant us a non-exclusive right, limited to the term of the agreement, to store, process and display this content on your authorised devices for the purpose of providing the services.

If you enter personal data of third parties, you are responsible for ensuring that you are entitled to do so and that you comply with all data protection obligations. We act as a processor within the meaning of Art. 9 revFADP; details are set out in our privacy policy.

6. Intellectual property

All rights to the App, including source code, design, logos, trademarks and avendo AG content, belong to us or our licensors. We grant you a simple, non-transferable, revocable right to use the App for personal or internal company use during the term of these Terms. No further rights are granted.

7. Prices and payment terms

Use of the App may be paid (subscription or one-time payment) or free in limited scope. Current prices and conditions are shown to you before contract conclusion or at in-app purchase. Subscriptions through the Apple App Store or Google Play are additionally subject to the terms of the respective store, including its cancellation and refund rules.

8. Availability

We strive for high availability of the App but cannot guarantee uninterrupted or error-free availability. Maintenance, security updates or technical disruptions may cause temporary restrictions. We notify scheduled maintenance windows in advance where possible.

9. Updates

We may update the App at any time to fix bugs, increase security or add features. Older versions, features or operating system versions may no longer be supported as part of updates.

10. Liability

We are liable exclusively for damages caused intentionally or by gross negligence by us or our auxiliary persons. Liability for slight negligence is excluded to the extent permitted by law. We accept no liability for indirect, consequential damage, lost profits or data loss, except in cases of intent or gross negligence.

Mandatory liability provisions of Swiss law (Art. 100 para. 1 CO, Product Liability Act) are reserved.

11. Termination

• You may terminate or delete your account at any time without giving reasons, in the App or by e-mail to immo@avendo.ch.
• We may terminate the contractual relationship with 30 days' notice to the end of a month.
• In case of serious breaches of these Terms (in particular section 4) we may suspend or delete accounts immediately and without prior notice.
• After termination, the retention and deletion periods described in our privacy policy apply.

12. Data protection

Processing of personal data is governed by our privacy policy, which is part of these Terms.

13. Changes to the Terms

We may amend these Terms for good cause (e.g. new legal requirements, changed feature set, adjustments by payment providers). We will notify you of material changes at least 14 days in advance by e-mail or in the App. Continued use after the changes take effect constitutes acceptance. If you do not agree to a change, you have a right to terminate.

14. Apple App Store provisions

If you obtain the App via the Apple App Store, the following additional notes apply: These Terms are concluded between you and avendo AG, not with Apple Inc. Apple is not responsible for the App or its content and provides no warranty. Apple is a third-party beneficiary of these Terms and may enforce them against you upon your acceptance. Apart from that, the Apple Media Services Terms and Conditions apply.

15. Governing law and venue

These Terms are exclusively governed by Swiss law, excluding conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. Exclusive venue for all disputes is Zurich, Switzerland. Mandatory consumer venues are reserved.

16. Severability

If individual provisions of these Terms are or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the valid rule that most closely matches its economic purpose.

17. Contact

avendo AG Hardturmstrasse 161, 8005 Zurich E-mail: immo@avendo.ch