General Terms and Conditions (GTC) for the brickit operating system

1. Scope and contract bases

1.1.These General Terms and Conditions (GTC) govern the contractual relationship between brickit AG (hereinafter "brickit") and its customers regarding the use of the brickit operating system and the associated services. The offer is exclusively addressed to companies and self-employed persons who, at the time of conclusion of the contract, act in the exercise of their commercial or professional activity (hereinafter “Customer”).

1.2.These GTC also apply to free trial access and pre-contractual use phases, unless expressly agreed otherwise.

1.3.The nature, scope and conditions of the services result from the individual offer, the order, the order confirmation and the service description applicable at the conclusion of the contract. Individually agreed provisions take precedence over these GTC.

1.4.Deviating terms and conditions of the customer apply only if brickit has expressly agreed to them in writing.

2. Contract conclusion and test access

2.1.A paid contract is concluded if the customer accepts an individual offer from brickit, brickit expressly confirms an electronic order of the customer or unlocks the paid subscription, or the customer pays the amount of a prepayment bill delivered by brickit in full. With the payment, the customer confirms the acceptance of the services specified in the advance calculation and the general terms and conditions listed there. In this form of contract conclusion, the receipt of the full payment at brickit is decisive.

2.2.In the case of free test access, a free use relationship limited to the test duration is established. The test access is not automatically charged, unless the customer orders a paid subscription or expressly agreed otherwise.

2.3.Registration requests and electronic orders of the customer constitute requests for access or conclusion of contracts. brickit is entitled to refuse this until express confirmation or activation, in particular if there are legitimate doubts about the identity, ability to pay or legitimate use.

3. Contract subject matter

3.1.brickit provides the customer with the brickit operating system as a web- and mobile-based software-as-a-service solution for the duration of the contract. The software supports in particular the management of customers, orders, planning, execution, time recording, documentation, offers, invoices and evaluations.

3.2.The specific functional scope, the number and type of user licenses, the billing period and any additional services result from the order or the individual offer.

3.3.Services not expressly agreed, in particular individual adjustments, data processing, training or consulting services, are not part of the subscription and can be agreed and charged separately.

3.4.The Internet connection required for access as well as suitable terminals, operating systems and browsers are to be provided by the customer at his own expense.

3.5.brickit is entitled to continuously develop the software and to change it through updates or upgrades, provided that the contractual use is not significantly impaired without objective reason.

4. Rights of use and intellectual property

4.1.brickit grants the customer a non-exclusive, non-transferable and non-sublicensable right for the duration of the contract to use the brickit operating system to the agreed extent for its own business purposes.

4.2.The use is limited to the employees and other authorized users named by the customer as well as the booked number of user licenses. User accounts must not be shared by several people. A reallocation in the event of a change of staff remains permissible.

4.3.In particular, the customer may not duplicate, rent, sell, sublicense, make available to third parties, circumvent security mechanisms or investigate by means of reverse engineering, unless this is expressly permitted by mandatory law.

4.4.All intellectual property rights in the brickit operating system, documentation, templates and further developments and general adjustments remain with brickit or the respective rights holders. Deviating regulations for individually developed work results require an explicit agreement.

5. User accounts and security

5.1.The customer is obliged to provide complete and correct information during registration and to keep it up-to-date during the duration of the contract.

5.2.Access data and authentication means shall be treated confidentially and protected against unauthorised access by appropriate organisational and technical measures. The customer is responsible for managing and deactivating the user accounts of its users.

5.3.Actions carried out through a Customer’s user account shall be deemed to be attributable to the Customer unless the Customer proves that the access was made without his fault by an unauthorized person.

5.4.The customer immediately informs brickit about suspected or detected security incidents, improper access or compromised access data.

6. Responsibility for submissions and business documents

6.1.The customer is responsible for the accuracy, completeness, legality and timely collection of all data that he or his users enter, import, transmit or process in the brickit operating system.

6.2.This applies in particular to working hours, breaks, absences, reports, employee and order assignments as well as other pay, billing or proof-based information. brickit is not obliged to check the content of such information, approve it or compare it with the actual circumstances.

6.3.The customer is obliged to check the offers, invoices, reports, evaluations, reminders and other documents created with the software for correctness, completeness and legal, tax and labour compliance before use.

6.4.Templates, calculations, key figures, price information and other assistance do not replace professional, legal or tax advice. The customer remains responsible for his legal storage, documentation, billing and control obligations.

6.5.If an incorrect result is demonstrably due to a software error for which brickit is responsible despite correct and complete input, the provisions on warranty and liability in accordance with paragraphs 15 and 16 apply.

7. Further obligations of the customer

7.1.The customer uses the services exclusively in accordance with the contract and law. In particular, he may not store or transmit any illegal, harmful or infringing rights of third parties content.

7.2.The customer provides the information and cooperation actions required for the provision of services in good time. In the case of error messages, he describes the problem in a comprehensible manner and supports brickit as far as reasonable in the reproduction and repair.

7.3.The customer checks files for malware before transmission and applies appropriate security measures in accordance with the recognized state of the art.

7.4.For emails and other communications sent from the software, the customer is responsible. In particular, it ensures the correct addressing, the necessary legal bases and consents as well as compliance with business-critical deadlines.

8. Availability, maintenance and support

8.1.brickit strives to make the brickit operating system available around the clock. A certain minimum availability is only owed if it was expressly agreed in a separate performance agreement.

8.2.Temporary restrictions may occur in particular due to maintenance work, safety measures, technical failures, force majeure or failures of third parties. Plannable maintenance work is announced in advance and kept as short as possible.

8.3.The standard support included in the subscription is provided via the channels announced by brickit during published business hours. Where possible, requests shall be processed within a reasonable period of time. Certain reaction or solution times apply only if they have been expressly agreed.

8.4.Individual training, set-up work, data cleaning, customer-specific adjustments and support for third-party products can be charged separately by prior agreement.

9. Customer data and data protection

9.1.All rights to the customer data provided by the customer or generated with the software remain with the customer. brickit only receives the usage and processing rights required for the performance of the contract.

9.2.Insofar as brickit processes personal data on behalf of the customer, the customer remains the data protection controller and brickit acts as a processor. Where necessary, the parties shall additionally conclude an agreement for order processing, which becomes part of the contract.

9.3.brickit is entitled to involve carefully selected subcontractors for hosting, communication, support, payment processing and other technical services. When processing data abroad, brickit ensures compliance with the applicable data protection requirements.

9.4.brickit only accesses customer data to the extent that this is necessary for the performance of the contract, support, security, troubleshooting or the fulfilment of legal obligations.

9.5.brickit may use anonymized and aggregated usage and statistical data for the analysis, security and further development of the services, as long as neither the customer nor individual persons can be identified from them.

10. Data backup, data export and deletion

10.1.brickit takes appropriate technical and organizational measures to secure operations and carries out regular data backups. Certain recovery times, backup intervals or retention periods will only be owed if expressly agreed.

10.2.The customer remains responsible for his own legal storage and archiving obligations. He must export the documents and data required for his business operations at reasonable intervals via the available functions and keep them outside the software.

10.3.During the duration of the contract, the customer may request the disclosure of his customer data in a customary format supported by brickit. This also applies during an account suspension. For exports outside of existing self-service functions, brickit may request appropriate compensation for expenses after prior information.

10.4.After the end of the contract, the customer can request the disclosure of his customer data for 30 days. Thereafter, brickit is entitled to delete or anonymize the customer data, as far as no statutory storage obligations or overriding legitimate interests conflict. Data in backup copies is deleted as part of the usual backup cycles.

10.5.There is no claim to the provision of additional software or to the transfer to a third-party system desired by the customer.

11. Third party providers and communications services

11.1.Certain functions may depend on third party services, in particular hosting, email, payment, card, signature or interface providers. Conditions of a third party only apply to the customer in addition if the customer selects or activates the relevant third party service himself and the conditions were made available to him before the activation.

11.2.brickit assumes no guarantee for the uninterrupted availability or unchanged continuation of third-party services, insofar as their failure or change is outside the sphere of influence of brickit.

11.3.For e-mails sent from the software and other electronic messages there is no delivery guarantee. brickit may temporarily restrict or block the shipment in the event of specific signs of spam, abuse, rights violations or security risks.

11.4.In the case of interfaces to third-party providers, brickit does not guarantee complete, error-free or delay-free data transmission at any time, as far as faults are due to the third-party provider, its interface, changes to third-party systems, incorrect initial data, customer-side configurations or other circumstances outside the influence of brickit. The customer is obliged to check transmitted, imported and exported data as well as business documents generated therefrom for accuracy and completeness. For errors of the own interfaces for which brickit is responsible, paragraphs 15 and 16 apply.

12. Remuneration and terms of payment

12.1.The customer owes the compensation indicated in the order or individual offer plus the statutory VAT. If no individual agreement has been made, the prices displayed to the customer when submitting the order or concluding the contract are decisive.

12.2.The remuneration will be charged in advance for the chosen monthly or annual billing period, unless otherwise agreed. Invoices must be paid without deduction within 20 days from the invoice date.

12.3.Additional user licenses and upgrades can be activated and charged proportionally during the contract period. Reductions and downgrades are effective at the end of the current contract period.

12.4.In case of late payment, brickit is entitled after unsuccessful reminder and a reasonable grace period to block access until full payment. The payment obligation for the agreed contract period remains.

12.5.The customer may set off claims against brickit only with undisputed or legally established claims.

13. Duration of the contract and ordinary termination

13.1.The contract begins at the time specified in the order or individual offer. If such an indication is missing, it begins with the activation of the paid subscription.

13.2.The contract is concluded for the selected monthly or annual contract period and is automatically renewed for a further period of equal length, unless terminated on time.

13.3.Both parties can terminate the contract with a period of one month until the end of the current contract period. The termination can be made via the provided function in the user account or by e-mail.

14. Suspension and extraordinary termination

14.1.brickit may temporarily block access in whole or in part if the customer violates these GTC or applicable law, does not make payments despite a reminder, endangers the security of the systems or there is a reasonable suspicion of abuse.

14.2.As far as the urgency permits, brickit informs the customer in advance about the block and gives him the opportunity to eliminate the reason within a reasonable time. Immediate safety measures are reserved.

14.3.Both parties may terminate the contract for good cause with immediate effect. An important reason for brickit is in particular if the customer violates an essential contractual obligation despite a reasonable grace period, repeatedly defaults in payment or uses the services for unlawful purposes.

14.4.At the end of the contract, the customer’s rights of use expire. Already paid compensation will not be refunded, as far as the termination of the contract is to be represented by the customer. The right to data disclosure in accordance with Section 10 remains reserved.

15. Guarantee

15.1.brickit guarantees that the brickit operating system essentially fulfils the agreed functions when used in accordance with the contract. A completely uninterrupted and error-free use is not guaranteed.

15.2.The customer immediately reports detected defects and describes them in such detail that brickit can trace and reproduce them.

15.3.brickit initially has the right to remedy a defect within a reasonable period of time by repair, update, replacement solution or a reasonable workaround.

15.4.No warranty exists for faults that are due in particular to non-contractual use, incorrect or incomplete inputs, unsuitable terminals, missing Internet connections, changes by the customer or third-party services.

16. Liability

16.1.brickit is liable without limitation for damages caused by unlawful intent or gross negligence of brickit, as well as in other cases where limitation of liability is not permitted by law.

16.2.For direct damages caused by slight negligence, the liability of brickit, as far as permitted by law, is limited to the compensation paid by the customer in the twelve months before the occurrence of the event giving rise to the damage. In the case of a shorter contract duration, the remuneration paid during this period is decisive.

16.3.As far as legally permissible, liability for indirect damages and consequential damages, in particular lost profit, production and use losses, unrealized savings, claims of third parties and avoidable data losses, is excluded. The exclusion of claims of third parties does not apply insofar as brickit has to represent the underlying circumstance.

16.4.In particular, brickit is not liable for damages or claims arising from incorrect, incomplete or delayed entries by the customer or his users. This also applies expressly to incorrectly reported working hours, breaks, absences, employee assignments or other pay and billing relevant information.

16.5.Similarly, as far as legally permissible, liability for damages due to breach of cooperation, control, security or storage obligations of the customer, due to force majeure, due to disturbances of the Internet or due to third-party services outside the sphere of influence of brickit is excluded.

16.6.The customer keeps brickit free of legitimate claims of third parties based on unlawful customer data, unlawful communications or any other uncontractual use by the customer or his users.

16.7.The above limitations of liability apply to the same extent to bodies, employees, auxiliary persons and subcontractors of brickit.

17. Confidentiality and reference

17.1.The Parties shall treat any non-publicly known commercial, technical and organisational information of the other Party as confidential and use it exclusively for the execution of the Agreement.

17.2.The obligation of confidentiality shall not apply to information that has been proven to be already known or publicly available, independently developed or disclosed under a legal or regulatory obligation.

17.3.brickit may only use the name, logo or success stories of the customer as a reference with his prior consent. A given consent can be revoked for the future.

17.4.The confidentiality obligations shall continue to apply after the end of the contract.

18. Changes in services, prices and GTC

18.1.brickit is entitled to adjust services, prices and these GTC for the future if there are factual reasons, in particular due to legal or technical changes, further developments, security requirements or changed costs of third parties.

18.2.Substantial changes will be notified to the customer at least 60 days before their entry into force by e-mail, within the software or in other suitable text form.

18.3.If a change leads to a significant deterioration for the customer, he can terminate the contract exceptionally until the change enters into force at this time. If there is no termination and the customer continues to use the services after the entry into force, the changes are deemed to be accepted.

18.4.Price changes shall take effect at the earliest at the beginning of the next contract period. The right of termination in accordance with Section 18.3 remains reserved.

19 Final provisions

19.1.The customer may only transfer the contract or individual rights therefrom to third parties with the prior consent of brickit. brickit may transfer the contract to an affiliated company or a legal successor, provided that the customer does not suffer any significant disadvantages.

19.2.If individual provisions of these GTC are wholly or partially ineffective or unenforceable, the other provisions remain unaffected. The ineffective provision is replaced by a permissible regulation which is as close as possible to its economic purpose.

19.3.Notifications can be made by e-mail, via the user account or to the last postal address announced. The customer is obliged to keep his contact data up-to-date.

19.4.The contractual relationship is exclusively governed by Swiss law to the exclusion of conflict-of-law and Vienna Sales Law.

19.5.The exclusive place of jurisdiction is Rotkreuz, Canton of Zug, Switzerland.

19.6.In the case of interpretation questions between different language versions, the German version is decisive.

Last Updated: 18.08.2026