radicant business services ag
The following Terms of Use (“Terms”) govern the relationship between radicant business services ag (‘RBS’) and users (“user’, or collectively the “ Users”) of the website and its subpages (the “Website’).
These Terms apply to the use of the Website, including but not limited to all content made available therein such as text, graphics, interactive features, logos, photographs, videos, software and any other content or materials (“Content”). They also apply to all features, tools, functionalities, products and services accessible via or offered through the Website ( “Services”).
The Website provides general information about RBS and its business activities. It offers access to the RBS Software-as-a-Service (“RBS SaaS Solution”) solution, a cloud-based platform available via web and mobile applications (“RBS Web/Mobile App”). Depending on the selected subscription plan, the RBS SaaS Solution enables Users to manage certain Services digitally, including but not limited to accounting, fiduciary services, payroll processing, consulting, and related administrative services.
The Services may further include applications for document management, workflow automation, communication with RBS team, and integrations with third-party platforms.
In accordance with Art. 3 Abs. 1 lit. s of the Swiss Unfair Competition Act (UCA), RBS is responsible for the content published on this Website.
RBS processes Users’ personal data in accordance with the data privacy policy published and periodically updated on the RBS website.
a) By accessing our Website or signing up to certain Services, the User confirms that they have read, understood and be bound by these Terms. For specific Services offered on the Website, the User have to provide their consent to the respective supplementary terms of use or general terms and conditions. The User’s consent will be logged.
b) These Terms, other legal notices, and all information on the Website may be changed at any time without prior notice. Changes will be published on our Website. If a User does not agree with one or more changes, they must refrain from accessing the Website. Continued access to the Website following any modification in these Terms or other legal notices shall be deemed acceptance of the updated Terms and legal notices.
a) Access to certain Services offered via the Website, including the use of features available through the RBS SaaS Solution, requires prior registration and the creation of a user account (“User Account”). During the registration process, the User is required to provide accurate, current, and complete information.
b) Upon successful registration and acceptance of the applicable Terms and conditions, RBS will create a User Account for you. The User can access the User Account via the RBS Web/Mobile App using the designated username and password.
c) If multiple service levels, access types, or subscription options are available during registration, the User must select the desired option during the sign-up process and accept the corresponding terms and conditions.
d) RBS reserves the right to temporarily or permanently block or disable access to the RBS Web/Mobile App at its own discretion in the event of unauthorized use or misuse of the User Account, username, or password.
a) The Website and its content are not intended for use by or distribution to Users who are located and/or residing outside of Switzerland.
b) Except as explicitly provided for in these Terms, RBS does not transfer or grant any rights, ownership, or claim regarding the Website and its Services,, including, without limitation to their Content. RBS grants Users a non-exclusive, revocable, non-transferrable, non-sublicensable right to use the Website, its Services and its Content limited to the extent necessary to access the Website and make use of the Services in accordance with the applicable Terms.
c) RBS will not treat Users of its Website to be customers solely by virtue of accessing the Website. If you would like to become a customer of RBS, you must complete the registration process within the RBS Web/Mobile app, enterinto a separate agreement with RBS, and agree to the applicable terms and conditions.
d) The User represents and warrants that they will:
i) not use the Website, Services and Content for any purpose other than accessing the Services and Content as offered by RBS;
ii) not bypass, disable or otherwise interfere with any security related features or access restrictions;
iii) not delete or modify copyright notices or other proprietary rights notices associated with the Content or Services;
iv) not use the Services for any illegal purpose under Swiss laws or any applicable jurisdiction;
v) not collect personal information about other users or third parties without RBS’s explicit consent
vi) not attempt to determine the source code through reverse engineering, decompiling, disassembling, or by any other means;
vii) not impair the functionality of the Services or the user experience of other Users.
5.1. Content
All information and Content on this Website is, unless otherwise indicated, subject to the copyright of RBS or third parties.
Users are not permitted not copy, modify, distribute, publicly display, reproduce, republish, or create derivative works from any part of the Website without RBS’s prior written consent. Downloading, copying, or printing pages is permitted for personal, non-commercial use only and does not transfer any rights or title to you.
No information or Content on this Website shall be construed as granting any license or right to use any trademark, logo, image or other Content protected by any intellectual property rights.
Any reproduction, re-publication or distribution of the Content requires the explicit written consent of RBS.
The RBS SaaS Solution provided via the RBS Web/Mobile App is based on proprietary software and intellectual property, including but not limited to source code, functionalities, configurations, and business logic. All rights, title, and interest in the RBS SaaS Solution, including updates, enhancements, and associated documentation, remain with RBS.
Subject to a valid registration and active User Account, RBS grants the User a limited (for the duration of the subscription), non-exclusive, non-transferable, and non-sublicensable license to access and use the RBS SaaS Solution for its intended purposes and strictly in accordance with the applicable terms and conditions and any related service agreements.
Users may not copy, reproduce, decompile, reverse engineer, disassemble, modify, or create derivative works for the RBS SaaS Solution, nor allow third parties to access or use it unless expressly authorized in writing by RBS.
a) The Website and its Content are provided “as is” and “as available” to the extent permitted by applicable law. RBS makes not warranties to the correctness, accuracy, timeliness, reliability or completeness of the Content. All Content is preliminary and non-binding. RBS is under no obligation to update, or mark outdated information. RBS accepts no liability for any errors, omissions, or interruptions.
b) RBS reserves the right to suspend, discontinue or to prevent access to any aspect of the Website or related Services, including linked or embedded Content, at any time. This includes the right to fully or partially discontinue the Website, its Content, or the Services, or to prevent access from specific territories (geo-blocking).
c) Without limitation RBS does not, explicitly or implied, make any representations or warranties with regard to the website and the Services as to (i) fitness for a particular purpose or certain functionalities; (ii) delays, interruptions, errors or omissions in the Services, particularly in any unannounced suspension of the Services, (iii) the transmission or delivery of the Services; (iv) accuracy, completeness or compliance with any laws applicable to information or data provided by third parties; or (vi) other warranties relating to performance, non-performance or other acts or omissions of RBS (including without limitation its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers or licensors).
a) To the extent legally permitted, RBS excludes all liability arising from access to information on the website or links to third party websites or arising because the access is not possible.
b) RBS shall not be liable for any direct and indirect losses, costs or consequential damages incurred for Users. This exclusion of liability shall also apply to any damage resulting from third parties having manipulated the Website. In addition, RBS excludes any liability for manipulation of your computer systems by third parties.
c) RBS shall not be liable for any acts or omissions of its subcontractors. RBS shall further not be liable for any delays or failures caused by circumstances beyond its reasonable control, including, without limitations, acts of God, acts of civil or military authorities, pandemic, epidemic, fires, floods, and earthquakes.
The Content and information provided on the Website are for general informational purposes only and do not constitute a binding offer to provide Services. Any description of Services, pricing, or solutions are non-binding and subject to change at any time without prior notice.
a) Notwithstanding anything to the contrary in these Terms, the User shall indemnify, defend and hold harmless RBS from any damages, losses, expenses or other costs incurred (including reasonable attorneys’ fees) arising out of any claims or threatened claims by third parties in connection with a breach of any representation or warranty under these Terms.
b) RBS reserve the right, at the User’s expense, to assume the exclusive defence and control of any matter for which the User is required to indemnify RBS in accordance with these Terms. The User agrees to cooperate with RBS’s defence of such claims.
The Website may contain links to websites or Services operated by other providers than RBS and its affiliates (collectively the ‘Third-party Services’).
Third-party Services may have their own terms of use and privacy policy.
RBS does not endorse, control or assume responsibility for Third-party Services or for any information, materials, products, or services contained offered through them. RBS expressly disclaims all liability arising from youruse of or reliance on any content, data handling practices, or Services provided by third parties.
Apart from linking to Third-party Services on the Website, RBS does not provide any additional Services on their behalf to Users. RBS disclaims all liability for any potential offers made or Services provided by respective third parties.
RBS shall be entitled at any time and without prior notice to suspend or permanently disable your access to the Website and the Services, particularly in cases of actual or suspected unauthorized use of the Website and/or Services.
If this occurs:
i) the User shall cease to use the Services immediately;
ii) All licenses granted by RBS to the User shall cease and fall back to RBS immediately;
iii) All provisions of these Terms that, expressly or by nature, survives suspension or termination shall remain in force.
RBS shall not be liable for any damages, losses, expenses, or costs incurred by you as a result or in connection with a termination or suspension.
These Terms are governed exclusively by the substantive laws of Switzerland, excluding the provisions of private international law and any conflict-of-law rules.
In the event of disputes arising out of or in connection with these Terms, the competent courts of the city of Zurich, Switzerland, shall have exclusive jurisdiction, unless mandatory legal provisions provide otherwise.
The Website and Services are intended exclusively for Users who reside or are located in Switzerland. However, if a legal relationship is established with a User residing abroad, the above choice of law and place of jurisdiction shall apply. RBS reserves the right to take legal action against the User at their place of habitual residence or domicile or before any other competent court.
The foregoing choice of law and jurisdiction shall not apply if and to the extent that the User (i) is a consumer and (ii) is entitled under mandatory law to rely on the application of different laws and/or the jurisdiction of a different court.
13.1. Notices and agreement
Unless otherwise explicitly stated in these Terms, all notices to RBS under these Terms, shall be in English or German and be sent to the following e-mail address: hello@radicant-treuhand.ch.
13.2. Assignment
Users may not assign any or all rights and obligations under these Terms, in whole or in part, without the prior written consent of RBS. Nothing in these Terms, however, limits the right of RBS to assign its rights and obligations under these Terms to third parties or affiliated companies.
13.3. No Waiver / No Warranty
Any failure or delay by RBS in exercising a right or remedy under these Terms shall not constitute a waiver of such (or any other) right or remedy. Unless expressly stated otherwise in these Terms, nothing shall amount to any representation or warranty of RBS in connection to provision of the Website, Content and Services.
13.4. Severability
If one or more provisions of these Terms are invalid, incomplete, or void, the validity of the remaining provisions shall not be affected. In place of the invalid/void provision, a valid provision shall apply that most closely reflects the intended purpose of the invalid/void provision. This also applies to the filling of any gaps in the Terms of Use.
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