Rental Agreement for the use of the platform gipfeli-abo.ch

1. Subject of the Agreement

The Lessor provides the Lessee with the online platform xx.gipfeli-abo.ch for processing croissant subscription orders. The Lessee is entitled to use the platform to process orders from their customers.

2. Rental Model and Warranty

This is a rental relationship for the use of the online platform. There is no purchase or permanent transfer of software. The Lessor assumes no warranty for a minimum availability or error-free operation of the platform.

3. Data Protection and Payment Processing

• Role Distribution: The Lessee is responsible for processing the data of their end customers (subscribers). The Lessor acts as a technical service provider (processor) and provides the platform.
• Payment Processing via Stripe: Payments from end customers are processed via the payment service provider Stripe directly to the Lessee's Stripe account. The commission for the Lessor is automatically deducted.
• Lessor's Data Access: The Lessor has administrative insight into the transaction data via their Stripe platform account to ensure technical operation, provide support, and check commission statements. This data may also include personal data of the end customers (e.g., name, email, transaction details).
• Lessor's Obligations: The Lessor undertakes to use this data only for the purposes mentioned. No further processing or storage of end customer data will take place.

4. Commission and Costs

The Lessee pays the Lessor a commission of ... (plus Stripe transaction fees) on the total price of the subscription orders generated via the platform xx.gipfeli-abo.ch. The total price is calculated from the base price of the croissant subscriptions, including discounts, but excluding VAT.

The commission and the fees of the payment service provider Stripe are automatically deducted when the end customer pays via Stripe. The exact breakdown is transparently visible to the Lessee in their own Stripe account at any time.

Apart from the commission, there are no further costs for the Lessee for using the platform, with the exception of the usual fees for using the payment service provider Stripe. If no subscription orders are generated, the Lessee incurs no costs for using the platform.

5. Stripe Account

The Lessee undertakes to create their own Stripe account (if not already existing) and to transmit the necessary data for the technical connection to the Lessor.

6. Changes and Disclaimer

The Lessor may change, improve, or add new functions to the web application at any time at its own discretion. The web application is provided "as is". Feedback from the Lessee is welcome but does not constitute a claim for implementation.

The Lessor disclaims any liability for direct, indirect, incidental, special, or consequential damages resulting from the use or inability to use the platform gipfeli-abo.ch, including loss of data, lost profits, or business interruptions. This also applies to damages caused by technical malfunctions, failures, or maintenance work.

7. Right of Rescission

Both parties can withdraw from this contract at any time and with immediate effect. The rescission must be made in writing to the other party. In the event of a rescission by the Lessee, the subdomain xx.gipfeli-abo.ch will be removed immediately and access to the platform for the Lessee will be blocked.

8. Applicable Law and Jurisdiction

This agreement is subject to Swiss law. The place of jurisdiction is Interlaken, Switzerland.