Complex terms and conditions in lawyer-speak are not friendly to us. We have therefore summarized the most important aspects of our cooperation in the simplest possible language.
1. Subject
- Friendly LLC (“Friendly”) provides to its customers (“Customers”) software (”Software”) for use over the Internet (“Subscriptions”) and charges a recurring fee for such use (“Subscription Fee”).
2. Term
- No minimum terms apply. The Customer may cancel any Subscription with 30 days’ notice.
- The Customer can pause any Subscription if they cannot use it at the moment. A pause is possible up to two times per year for a total of up to six months per year.
3. Billing
- The Subscription Fee is due on the first day of the term.
- The Subscription Fee depends on the number of Contacts for Friendly Automate and on the number of Hits for Friendly Analytics (“Usage Limit”).
- A “Contact” is a person for whom contact information such as name, email addresses or telephone numbers are stored. So-called “anonymous contacts” are not included – these are profiles of website visitors for whom no contact information has yet been recorded. Also excluded from the calculation are contacts who cannot receive marketing messages due to the “Do no contact” (DNC) setting (“inactive contacts”).
- A “Hit” is a request to the Analytics server. This includes, for example, the tracking of a page view, an event, a download, an outlink click, an onsite search, or a content call. The Usage Limit is considered exceeded when the number of Hits is above the limit for two consecutive months. The Usage Limit is considered to be undercut if the number of Hits is below the limit for two consecutive months.
- If the Customer exceeds the Usage Limit, Friendly is permitted to adjust the Subscription Fee with immediate effect and to invoice the difference to the Subscription Fee already paid for the current service period.
- If the Customer falls below the Usage Limit, the Customer is permitted to request an adjustment of the Subscription Fee from Friendly.
- Upon cancellation, Friendly will refund unused months on an annual billing term upon request.
4. Support and consulting
- We answer general questions by e-mail about using the software free of charge as part of our support service.
- If we solve individual problems or implement things on behalf of the Customer, we charge for this as consulting on an hourly basis or at a fixed price.
5. Additional provisions
- For any disputes, Swiss law is exclusively applicable. The place of jurisdiction is the registered office of Friendly.
As of: August 31, 2024