General Terms and Conditions of Sale

These general terms and conditions of sale (« Terms ») govern the contractual relationship between Vergasta Digital, 2610 Saint-Imier, Switzerland (« the Publisher ») and any natural or legal person acquiring or using Axolot (« the Customer »).

Subject matter

Axolot is an online SaaS accounting platform intended for sole proprietors and sole proprietorships in Switzerland. It notably enables QR invoicing, expense management, VAT return preparation and fiduciary export.

Licence and free trial

Full access is unlocked by the Axolot Perpetual Licence™, acquired through a one-time payment. A limited free trial precedes purchase and does not, on its own, constitute a licence. Each licence is linked to a distinct business (workspace) in the application.

The Publisher reserves the right to change its commercial and pricing model for future acquisitions (for example a move to a periodic subscription). Any such change has no effect on Axolot Perpetual Licences™ already acquired, which remain governed by the conditions in force on the day of their purchase.

Licence warranty

The Axolot Perpetual Licence™ comes with a three (3) year warranty from the date of purchase. During this period, the Publisher undertakes to keep the service running and functional, and to provide maintenance, defect correction and updates. Beyond these three years, access to the licence and its existing features remains perpetual; the Publisher is, however, no longer required to continue providing updates and does not guarantee that the licence will receive the new features offered to licences acquired later. This continuity warranty does not constitute a quantified availability commitment (SLA) within the meaning of the « Service availability » section.

Price and payment

• Prices are stated in Swiss francs (CHF), VAT included where applicable.
• Payment is processed by Stripe, a third-party payment provider.
• The licence is activated upon payment confirmation by the provider.
• Optional modules (extensions) may be subject to separate pricing.

Satisfaction guarantee

Upon simple request sent to contact@vergasta.ch within 14 days of purchase, the Publisher will fully refund the amount paid, without justification. After this period, the licence is no longer refundable. The refund results in revocation of the licence.

Service availability

The Publisher endeavours to ensure high service availability. Interruptions may occur for maintenance, updates or force majeure. No guaranteed availability SLA is contractually promised, unless separately agreed in writing.

Customer responsibility

The Customer is solely responsible for the accuracy, completeness and lawfulness of the data they enter or upload in Axolot. Axolot is an accounting assistance tool; it does not replace the advice of a fiduciary or chartered accountant. The Customer remains responsible for compliance with their legal, tax and social obligations.

Limitation of Publisher liability

• The Publisher is not liable for accounting entry errors, tax interpretation or decisions made by the Customer based on data displayed in the application.
• The Publisher is not liable for indirect damages, loss of profit or loss of data resulting from inappropriate use of the service.
• The Publisher's total liability is limited to the amount actually paid by the Customer for the licence concerned in the preceding twelve months.
• This limitation does not apply in the event of intentional misconduct or gross negligence on the part of the Publisher.

Data ownership

The Customer retains ownership of all data they enter in Axolot. The Publisher acquires no ownership rights over the Customer's accounting data. Upon termination, the Customer may export their data in accordance with the DPA and the privacy policy.

Data protection

The processing of personal data is governed by the privacy policy and the data processing agreement (DPA), available on this site. By creating a business in Axolot, the Customer accepts the DPA. By purchasing a licence, the Customer accepts these Terms.

Termination

The Customer may stop using the service at any time. Deletion of the business is possible provided there is no active licence. The Publisher may suspend or terminate access in the event of a serious breach of these Terms or fraudulent use.

Applicable law and jurisdiction

These Terms are governed by Swiss law. The place of jurisdiction is Saint-Imier (canton of Bern), subject to mandatory provisions applicable to consumers.