1. Scope
These General Terms and Conditions (Terms) govern the contractual relationship between the operator (hereinafter „Baurapport" or „we") and the users (hereinafter „customer" or „you") of the Software-as-a-Service platform provided at baurapport.ch. By registering an account you accept these Terms in the version applicable at the time of registration.
2. Description of services
Baurapport provides a web-based platform on which Swiss trade businesses can use the following functions:
- Site management with status, progress and period tracking
- Mobile time tracking for workers (start/stop, overtime, travel time, on-call)
- Digital daily reports with hours, material (consumed/reorder), photos, notes
- Warehouse and item management with stock control and reorder list
- Document/plan upload per site
- Worker management with email invitations and roles
- PDF export of reports and CSV/Excel export of weekly hours
- Installable Progressive Web App (PWA) for iOS and Android
The functional scope is continuously developed. The customer has no claim to a specific scope of features at the time of contract conclusion.
3. Registration & user account
Use of Baurapport requires registration. The customer undertakes to provide truthful and complete information at registration (in particular company name, email and contact).
Access credentials (email and password) must be kept confidential. The customer is liable for all activities carried out via their account. The operator must be notified immediately upon suspicion of misuse.
4. Trial & subscription
Free trial: Every new account receives 30 days of free full access from registration, without entering payment data. After expiry the account will be restricted unless a paid subscription has been chosen.
Paid subscriptions: After the trial the customer can take out a subscription. The current prices and services are shown on baurapport.ch and/or communicated to the customer before conclusion. Billing is monthly or yearly in advance. The subscription renews automatically for the selected term (month or year) unless it is cancelled before the end of the current period.
Payment processing: is handled by Stripe (credit card). We do not store any payment data.
Cancellation: Subscriptions can be cancelled at any time via the account, effective at the end of the current billing period. Amounts already paid will not be refunded.
5. User obligations
The customer undertakes:
- • To use the platform only for lawful purposes within the scope of their business activity
- • Not to upload content that violates applicable law, copyright or third-party personality rights
- • Not to deploy malware, scripts or measures that interfere with the operation of the platform
- • Not to reverse-engineer or decompile the platform or build their own services on top of it
- • To comply with their data protection obligations towards their own employees (e.g. notice on time tracking)
- • To intervene in case of misuse by employees and inform us
6. Customer data & data loss
All data entered by the customer (sites, reports, workers, warehouse etc.) belong to the customer. The operator only receives a simple usage right to the extent necessary for operating the platform.
Upon cancellation or expiry of the account, the customer has 30 days to export their data (PDF, CSV). After that the data will be irrevocably deleted, unless a statutory retention obligation applies.
Backup strategy: We create daily automatic backups of all customer data. Backups are kept for 30 days and are stored at the server location Switzerland (Infomaniak). Target values are a maximum data loss of one business day (Recovery Point Objective) and a recovery time of 48 hours after damage detection (Recovery Time Objective). There is no legally binding entitlement to compliance with these target values.
Customer's joint responsibility: Despite careful backups, the customer is required to regularly create their own copies of business-critical data (in particular reports and hour statements relevant for accounting, GAV, SUVA) as PDF or Excel exports and store them safely externally.
Limits of recoverability: In case of data loss due to force majeure (see clause 8), cyber attacks, third-party fault or gross negligence of the customer (e.g. sharing of credentials, accidental deletion of own data), full recovery is not guaranteed. Recovery of individual records deleted by the customer themselves from the backup is only possible within the 30-day retention period and against reasonable cost reimbursement.
7. Availability & maintenance
We strive to ensure availability of 99% on annual average. Excluded are announced maintenance windows as well as force majeure, disruptions at the hosting provider or at internet service providers.
Maintenance work is, where possible, carried out at off-peak times (weekend, night) and announced in advance. There is no entitlement to a specific level of availability.
8. Force majeure
The operator is not liable for delays in performance, service outages or data losses caused by force majeure or events outside its reasonable sphere of influence. Force majeure includes in particular:
- • Natural disasters, fire, flood, lightning strike, earthquake
- • War, riots, acts of terror, official orders and sanctions
- • Pandemics, epidemics, quarantine and lockdown measures
- • Strikes, lock-outs, labour disputes at service providers or suppliers
- • Large-scale disruptions of power, telecommunications or internet infrastructure
- • Outages, attacks (DDoS, ransomware) or data losses at the hosting provider or at deployed third-party services (e.g. Stripe, Infomaniak)
- • Legal or regulatory changes that make the operation of the platform more difficult or impossible
The operator informs the customer immediately about the occurrence of such an event, as far as technically possible, and endeavours to keep the impact as low as possible.
If a force majeure event lasts longer than 30 days, both contractual parties are entitled to terminate the contract with immediate effect. Amounts already paid in advance for the remaining billing period are refunded pro rata.
9. Liability
We are only liable for intent and gross negligence. Liability for slight negligence is excluded to the extent permitted by law.
In particular we are not liable for indirect damages, consequential damages, lost profits, business interruption or data loss — also not if we have been pointed out to the possibility of such damages.
Total liability under this contract is limited to the sum of subscription fees paid by the customer in the last 12 months. During the free trial there is no liability.
Baurapport does not replace proper accounting or SUVA/GAV compliance. The customer is responsible for correct time tracking and reporting in accordance with applicable labour law.
10. Termination & account suspension
We reserve the right to suspend or delete accounts without prior notice in case of:
- • Serious or repeated breach of these Terms
- • Misuse of the platform for unlawful purposes
- • Default of payment for paid subscriptions
- • 90 days after the contract ends without reactivation (with prior warning by email)
Ordinary termination by the customer is possible at any time via the account or by email to info@baurapport.ch.
11. Changes to the Terms
We reserve the right to adapt these Terms at any time. Changes will be announced by email at least 30 days before they take effect. If the customer does not object within this period, the new Terms shall be deemed accepted. In case of objection, the customer can terminate the contract effective at the time the changes take effect.
12. Applicable law & place of jurisdiction
Swiss law applies exclusively, with the exception of the provisions of the UN Convention on Contracts for the International Sale of Goods and conflict-of-laws rules.
Exclusive place of jurisdiction for all disputes arising from or in connection with this contract is 9470 Buchs SG, Switzerland.
13. Severability clause
Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a regulation that comes as close as possible to the economic purpose of the original provision.