1. Download and use of the app
1.1. The app can be downloaded for free from Google Play and Apple AppStore The use of the app and all services offered in it is subject to the following terms and conditions.
1.2. All rights and obligations in connection with the app apply exclusively to the sole proprietorship of Bruno Augustoni, Industriemarketing und Kommunikationstraining, Rorschacherberg (hereinafter referred to as "AUGUSTONI"), and the user (hereinafter referred to as "CUSTOMER"). By accepting the General Terms and Conditions, the CUSTOMER accepts and agrees to all terms contained in these General Terms and Conditions.
1.3. AUGUSTONI may, in its sole discretion, update, modify and add features to the app. However, there is no obligation applying to AUGUSTONI to regularly further develop the app and provide updates.
2.1. AUGUSTONI has developed a unique sales and communication method. This makes it possible to achieve successful sales more quickly through systematic and efficient action and behaviour. To this end, AUGUSTONI provides training films (for example for sales coaching, customer service, project management, management) via the app for preparing for negotiations and customer discussions, some of which are freely available. In addition, the app opens contact options for Bruno AUGUSTONI against a fee, to be able to ask specific questions by means of writing, word or video (interactiveCOACH). The app also offers the option of ordering additional training material, especially practice cards, using the order form. Through the businessBOX division, AUGUSTONI offers customized training and communication tools by means of a separate agreement, which in addition to the areas of mobileCOACH and interactive communication options (interactiveCOACH) also provide customer-specific training films and practice options (practiceCOACH). An extension of the scope of service remains reserved.
For full use of the mobileCOACH area, the acquisition of a paid license, which is priced either by duration (for example, annual license) or by the number and type of prepared and educational videos retrieved, is required. On the condition that the CUSTOMER has accepted these General Terms and Conditions and observes them on a permanent and complete basis, AUGUSTONI grants him the non-exclusive, non-transferable and non-sub-licensable license to use the app. The access can be made dependent on a previous registration by means of password and user name. The passing on of these identification features to third parties is prohibited. All payment modalities such as payments, refunds or cancellations are subject to the terms of the respective app store.
The use of the area interactiveCOACH requires the purchase of a paid ticket, which is priced according to the duration and/or the number of contacts. Billing takes place via the respective app store. All payment modalities such as payments, refunds or cancellations are subject to the terms of the respective app store. AUGUSTONI makes every effort to answer the questions asked as promptly as possible. However, accessibility at any time and immediate responses cannot be guaranteed. As a rule, an answer to the requests is given within one working day.
The use of the area businessBOX requires a separate written contractual agreement between the CUSTOMER and AUGUSTONI, in which also the exact scope of services and the remuneration modalities are regulated. AUGUSTONI provides for the use of a special company login for the app for using the separately agreed scope of services. The services are invoiced to the CUSTOMER directly via AUGUSTONI.
2.5. Acquisition of training material
AUGUSTONI uses the app to provide a form for acquiring training material, especially practice cards. Completing and submitting the order form merely constitutes a corresponding application to conclude the contract. A contract is only concluded when AUGUSTONI accepts the order without reservation and confirms it in writing, usually by email. Invoicing is made on prepayment or on account at the discretion of AUGUSTONI. Shipping is at the expense of the CUSTOMER. Any customs duties incurred are to be borne by the CUSTOMER. Delivery will take place as soon as possible, usually within four weeks. Exceeding this delivery period does not entitle the CUSTOMER to withdraw from the contract.
3.1. If use based on a fixed duration of time is agreed, the contract automatically renews after expiration of the agreed or already extended duration by the same contract period, unless the CUSTOMER has terminated the contractual relationship in advance in observation of a notice period of one month to the end of a contract period. Termination must be made by means of the termination option provided in the app. Upon termination of the contract, the CUSTOMER's right of use for the corresponding fee-based services expires.
3.2. The termination of the use of the businessBOX area is governed exclusively by the separate contractual agreement between the CUSTOMER and AUGUSTONI.
3.3. AUGUSTONI is entitled at any time to discontinue or prematurely terminate the app and/or the services rendered through it. In the event of cessation of access to the paid services or termination by AUGUSTONI, the CUSTOMER with whom use has been agreed on a periodic basis shall receive a pro-rata refund for any advance payments made for the remaining unused contract period, except if the suspension of access was due to a breach of the provisions of these General Terms and Conditions by the customer.
4. Property rights
4.1. The CUSTOMER is prohibited to make any copies or transfer any other rights to the app in any way to third parties. Neither the content of the app nor the underlying material that forms part of the content may be modified, adapted, corrected or otherwise altered. The CUSTOMER recognizes that by the installation of the app no rights are permanently transferred to him.
4.2. All property rights remain with AUGUSTONI or authorized third parties. All elements contained in the app, especially information, images, videos, audio files, layouts, etc., are the intellectual property of AUGUSTONI or its authorized third parties. By exercising the rights of use, the CUSTOMER acquires no rights to the named elements.
5.1. The CUSTOMER can use the paid services in accordance with the respective valid tariffs of AUGUSTONI at the time of the conclusion of the contract and to the extent intended for this purpose. The relevant contract is concluded with invoicing, confirmation of the (credit card) payment or the first access to the paid products.
5.2. The prices are available via the app or are published on the website www.augustoni.swiss. For the businessBOX area, the price conditions agreed separately with the CUSTOMER apply.
5.3. The currency depends on the currency specified in the app store in question. If no currency is specified, the payment must be made in CHF (Swiss francs). For the businessBOX area, the price conditions agreed separately with the CUSTOMER apply.
5.4. Unless explicitly stated otherwise, prices are displayed without the legally applicable VAT. The effective VAT will be charged at the time of the order.
5.5. The use will only be activated for the CUSTOMER from the date of receipt of the payment or the release of the payment.
5.6. AUGUSTONI reserves the right to change prices at any time.
6.1. The use of the app is at the sole risk of the customer. The liability of AUGUSTONI is excluded to the extent permitted by law.
6.2. Any liability of AUGUSTONI for damage (including indirect damage such as consequential damage as well as indirect damage or loss of profit) arising from access to the app and/or its use is excluded. A warranty for the accuracy, timeliness, appropriateness or completeness of the information made available by the app and the advice and services provided and practices recommended is excluded to the extent permitted by law. Also, there is no liability for the success of the services offered.
6.3. AUGUSTONI is committed to provide the highest possible and uninterrupted availability of app services. However, there is no guarantee of uninterrupted service, service at any given time, or completeness.
7. Changes to services and blocking of access
7.1. AUGUSTONI may change, update or revise the services provided through the app at any time.
7.2. AUGUSTONI may also discontinue all or part of the operation of the app or the CUSTOMER's access to the app at any time and without notice, or limit the availability for technical or legal reasons (e.g. due to legal or regulatory requirements, on official request or for security reasons).
8. Data protection
Mobile communication within the app requires the transmission of certain personal data. The protection and legally compliant collection, processing and use of the data of the CUSTOMER is an important concern of AUGUSTONI. The processing of CUSTOMER's data strictly complies with the legal provisions.
8.2. Collection of personal data
AUGUSTONI may collect personal data (names, mailing addresses, email addresses or telephone numbers provided as part of inquiries) from the CUSTOMER when administering the app. Any further personal data will not be recorded unless the user voluntarily provides this information.
The collection, storage and use of this data by AUGUSTONI is in accordance with the applicable data protection law. They are used only for the respective purpose. AUGUSTONI takes the necessary precautions to protect the CUSTOMER's personal data from loss, theft and misuse.
8.3. Use of personal data
Insofar as the CUSTOMER has provided AUGUSTONI with personal data, these will be used for app administration and for fulfilling the wishes and requirements of the CUSTOMER, especially for answering their inquiries. Personal data can also be used for customer care, to improve the offer, for statistical purposes and to evaluate the individual user behaviour. The user agrees to the collection, storage and use of personal data in the intended scope.
8.4. Transfer of personal data to third parties
AUGUSTONI does not disclose personal data to third parties who are not part of or affiliated to AUGUSTONI, except this is required by law or otherwise directed by a court order, or required to protect the CUSTOMER's rights. Especially, no sale or other paid transfer of personal data is made to third parties.
8.5. External links
AUGUSTONI assumes no liability and responsibility for external links to external content. Websites of other providers, which can be accessed via the AUGUSTONI website, are not subject to the data protection regulations stated herein.
8.6. Information, amendment, revocation, cancellation and blocking right
The CUSTOMER has the right to request information about the data stored about him or to revoke his consent to the processing and storage of the personal data at any time.
The CUSTOMER has the right to terminate the use of the app at any time and to delete the app from his Smartphone.
8.8. Information and Information Law
For questions regarding the processing of personal data, the CUSTOMER can contact AUGUSTONI at the following address: email@example.com
9. Severability clause
9.1. Should any provision of these General Terms and Conditions be wholly or partially invalid or ineffective, this shall not affect the validity of the remaining provisions. In this case, AUGUSTONI and the CUSTOMER undertake to replace the ineffective provision by a provision which is as close as possible to its purpose.
10. Applicable law and place of jurisdiction
10.1. The relations between AUGUSTONI and the CUSTOMER are, to the extent permitted by law, exclusively subject to Swiss substantive law, to the exclusion of collision law and to the exclusion of international treaties.
10.2. The app is for personal use only. Any use for trainings and coachings as well as further public and company internal purposes is strictly forbidden. Any violation will be prosecuted.
10.3. Subject to conflicting mandatory statutory provisions, Rorschacherberg, Switzerland, is the exclusive place of jurisdiction for all disputes between AUGUSTONI and the CUSTOMER. However, AUGUSTONI is free to put the CUSTOMER in law at any other place of jurisdiction.