GTC

The General Terms and Conditions including the annexes (hereinafter referred to as "GTC" or "AGREEMENT") apply to the use of MySimpleLog and all legal transactions conducted via www.mysimplelog.ch are concluded. The customer (hereinafter "User" or individually "PARTY" and together with MySimpleLog AG "PARTIES") agrees to the following GTC for MySimpleLog without reservation by clicking on the corresponding checkbox.
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The latest version of the GTC and the privacy policy, which is available at any time on the MySimpleLog website (https://mysimplelog.ch/legal), shall apply.

1st area of application

1.1 These GTC shall govern the contractual relationship between the USER and MySimpleLog AG (hereinafter "MySimpleLog").The GTC shall apply to all agreements between the USER and MySimpleLog for the products and services offered by MySimpleLog, unless the respective agreement explicitly deviates from them.

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2. general

2.1.1 MySimpleLog operates the software "MySimpleLog" (hereinafter "SOFTWARE" or "PRODUCT") as described in these GTC and in this context provides the USER with certain software-as-a-service services (hereinafter "SAAS SERVICES"), which are described in more detail in these GTC.

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2.1.2 The PRODUCT offers the following functionalities in particular, which can be changed or improved by MySimpleLog on an ongoing basis:

• a) The SOFTWARE enables effective assignment of practice assignments to learners. Core features include notification and instant access, standardized assignment format with comprehensive information, assignment processing with resource assessment, review and feedback process, and the option to accept or reject the assignment. This iterative process encourages active learning and continuous improvement, accompanied by the person responsible for training.
• b) The SOFTWARE facilitates the creation of educational reports through automatic pre-filling based on reflected practice assignments. The report includes assessment rationale, references to assignments and allows for adjustments. This saves time, organizes the reporting process and ensures accurate assessments based on actual performance.
• c) The learning journal function enables monthly entries, analyzes them for competencies using AI, enables self-assessment and external assessment by vocational trainers. The function supports the identification, reflection and improvement of competencies and offers comprehensive reporting and analysis options.
• d) The teaching material chatbot provides precise information from the teaching material, automatically generates quiz questions, enables interactive learning, relieves the burden on vocational trainers and promotes motivation. Progress tracking provides insights into learning progress, while integration is seamless.
• e) The evaluation and quality improvement functions enable the detailed analysis of competencies, the review of practical assignments and teaching materials, chatbot evaluation and the provision of anonymized data. The software creates a feedback loop for continuous adaptation and improvement of training.

2.1.3 As part of the SAAS SERVICES, MySimpleLog is responsible for the following actions:

• a) MySimpleLog operates the PRODUCT and provides the SUPPORT SERVICES in accordance with the Service Level Agreement (hereinafter "SLA") in Annex 1 (hereinafter "SUPPORT SERVICES"); and
• b) grants the USER access to the SOFTWARE in its latest version so that the USER can use the PRODUCT and receive the SUPPORT SERVICES.

2.1.4 For this purpose, MySimpleLog stores the SOFTWARE on a server that is accessible to the USER via the Internet.

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2.1.5 The SAAS SERVICES are subject to these GTC and the timely payment by the USER of the licenses, products or services (hereinafter "FEES") purchased via MySimpleLog or via the SOFTWARE.

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2.1.6 The FEES of certain USERS can also be paid by other USERS (e.g. the training company pays the FEES for its students).

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2.2 Support services and upgrades

2.2.1 During the TERM OF THE AGREEMENT (for definition see clause 13 of these GTC), MySimpleLog shall continuously monitor the functionality of the SOFTWARE and shall immediately rectify all software errors, insofar as this is technically possible. It shall make the SUPPORT SERVICES available to the USER.

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2.2.2 MySimpleLog may engage third parties to provide the SAAS SERVICES, including support services, at its own discretion (hereinafter "SUBCONTRACTORS") without the consent of the USER being required.

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3. rights and obligations of the USER

3.1.1 Subject to compliance with these GTC and payment of the FEES by the USER, MySimpleLog grants the USER a worldwide, non-exclusive, non-transferable and limited license to use the PRODUCT for the purposes specified in these GTC (in particular in sections 2.1.2 and 3.1.2) (hereinafter the "PERMITTED PURPOSES OF USE") during the TERM OF THE AGREEMENT.

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3.1.2 The use of the PRODUCT by the USER is subject to the following license terms:

• a) The USER may only use the PRODUCT for the PERMITTED PURPOSE OF USE;
• b) The PRODUCT may only be used by the registered USER;
• c) The USER may not and undertakes not to grant any sublicenses for his right to access and use the PRODUCT or to allow unauthorized persons to access or use the PRODUCT.

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3.1.3 Neither during nor after the TERM OF THE CONTRACT shall the USER have any right of direct or indirect access to the source code of the PRODUCT.

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3.1.4 The USER must make all reasonable efforts to ensure that no unauthorized persons have access to the USER's account.

will or can access the PRODUCT.

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3.1.5 It is the responsibility of the USER to ensure and comply with internal guidelines, trade union agreements and the legal requirements of the respective countries with regard to the data protection of individual employees.

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3.1.6 The USER undertakes to ensure that access to the PRODUCT is restricted only to persons who are authorized to use the PRODUCT.

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3.2 Duty to cooperate

3.2.1 It is the sole responsibility of the USER to provide the IT systems required for data processing with the PRODUCT.

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3.2.2 The USER shall ensure that all instructions relating to the AGREEMENT and use of the SAAS SERVICES by the USER are given to MySimpleLog by a duly authorized representative of the USER.

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3.2.3 MySimpleLog:

a) may treat all such instructions as the USER's fully authorized instructions; and

b) will not follow any other instructions in relation to the AGREEMENT without first obtaining the consent of a representative of the USER.

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4. licenses

4.1 The USER has the option of acquiring licenses for certain content via MySimpleLog. The contract shall be concluded directly between the USER and the third-party company offering the content, unless MySimpleLog is explicitly identified as the contractual partner.

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4.2 Unless otherwise specified at the time of purchase, the USER acquires a worldwide, non-exclusive, non-transferable and limited license to use the product for which the license was purchased by purchasing a license during the TERM OF THE CONTRACT.

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5. fees

5.1 The USER agrees to pay the FEES for licenses, products and services ordered from MySimpleLog or via the SOFTWARE. The USER acknowledges that another USER (e.g. the teaching company) may be responsible for payment of the FEES.

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5.2 All FEES are payable within thirty (30) days of the invoice date or within the period specified on the invoice.

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5.3 MySimpleLog may suspend and refuse access to the PRODUCT and the provision of the SAAS SERVICES if the FEES payable by the USER to MySimpleLog are more than thirty (30) days overdue. In the event of suspension of the SAAS SERVICES, the USER shall remain fully obliged to pay the FEES. At the same time, however, he is no longer entitled to claim refunds or damages.

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5.4 MySimpleLog may suspend and refuse access to the PRODUCT and the provision of the SAAS SERVICES in the event of overdue payment of the FEES, including for USERS associated with the USER responsible for payment (e.g. for students if their teaching company has not paid the FEES).

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5.5 MySimpleLog reserves the right to offer the CUSTOMER a 30-day test phase, depending on the offer and availability. No FEES shall be owed during the test phase. The CUSTOMER may declare within the trial period that he does not wish to use the PRODUCT. Accordingly, the CUSTOMER does not have to pay any FEES, but the corresponding USER and associated USERS lose access to the PRODUCT after the trial period has expired. If the CUSTOMER does not declare within the trial period that he does not wish to use the PRODUCT, the usual FEES are due and payable.

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6. property

6.1 No ownership of the PRODUCT shall be transferred to the USER. The PRODUCT remains the sole property of MySimpleLog. The PRODUCT is protected by Swiss copyright law and international copyright treaties. Unauthorized copying of the PRODUCT is expressly prohibited. Under no circumstances may the USER reverse engineer, decompile or disassemble the PRODUCT.

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7 Intellectual property

7.1 All intellectual property rights relating to the SAAS SERVICES and the PRODUCT shall be the exclusive property of MySimpleLog as between the PARTIES.

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8. ownership of the data

8.1 The USER is the owner of the data and content that he uploads to the PRODUCT. The USER hereby grants MySimpleLog a worldwide, non-exclusive, perpetual, transferable and unrestricted license to use, edit and reproduce the relevant data and content with respect to all data and content that the USER uploads to the PRODUCT or links to the PRODUCT. The USER confirms to MySimpleLog that he is the owner of this data and content and that he can and may freely dispose of the data and content.

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8.2 MySimpleLog shall in particular be entitled to analyze, check, edit, change and publish (also unchanged) the data and content under its own name in or in connection with the PRODUCT.

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8.3 The USER acknowledges that all data models and algorithms generated by MySimpleLog on the basis of the USER's use of the SAAS SERVICES and the USER's data are the sole property of MySimpleLog and may be used by MySimpleLog for any purpose at its sole discretion, including disclosure to third parties.

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9 Limitations and exclusions of liability

9.1 MySimpleLog shall only be liable for direct damage if this was demonstrably caused by gross negligence or intent on the part of MySimpleLog. Any further liability for damages of any kind shall be excluded. In particular, MySimpleLog shall not be liable:

• a) in respect of any loss of profits, income, revenue, benefits, business, contracts, business opportunities, production or anticipated savings;
• b) for any loss. damage or harm to goodwill, reputation, data, databases or software; and
• c) for any loss or interruption in the availability of the SOFTWARE resulting from a force majeure event beyond the reasonable control of the affected PARTY (including, for example, Internet outages or problems, hacker attacks, power outages, labor disputes involving third parties, changes in the law, disasters, explosions, riots, wars, etc.) and which the affected PARTY could not prevent by exercising reasonable care (heretofore and hereinafter "FORCE MAJEURE").
• d) Nothing in this AGREEMENT shall limit or exclude the liability of any PARTY for death or personal injury resulting from negligence;

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9.2 In particular, MySimpleLog shall not be liable for any damages arising from an offer and/or the resulting order between a USER and a MySimpleLog user.

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10. data protection

10.1 MySimpleLog and the USER shall comply with the applicable data protection regulations with regard to the processing of personal data. The USER hereby agrees to MySimpleLog's privacy policy where consent is required. The privacy policy is available on the MySimpleLog website. www.mysimplelog.ch/data

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10.2 The USER acknowledges that MySimpleLog shall retain the data made available on MySimpleLog and any analyses thereof even after the termination of this AGREEMENT in the interests of lifelong tracking of learning progress. The USER may request MySimpleLog to delete the data.

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10.3 The USER guarantees MySimpleLog that he will comply with the data protection provisions and will not use or make accessible any personal data of third parties on the SOFTWARE. The USER shall indemnify MySimpleLog in the event of a culpable breach of the data protection provisions.

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10.4 The USER warrants that he has the right to disclose all data that is protected by applicable data protection regulations (hereinafter and heretofore "PERSONAL DATA") and that he actually discloses to MySimpleLog within the scope of or in connection with the AGREEMENT.

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11 Confidentiality and publicity

11.1 The PARTIES agree to keep confidential and not to disclose any information they disclose to the other PARTY (whether in writing, orally or otherwise) (hereinafter "CONFIDENTIAL INFORMATION"), except as expressly permitted in the AGREEMENT. Nothing in this Section 11. shall restrict MySimpleLog in the commissioning of SUBCONTRACTORS (e.g. third-party providers of internet services) or the publication of content in accordance with Section 8.

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11.2 CONFIDENTIAL INFORMATION of one PARTY may be disclosed by the other PARTY to its officers, employees, agents, insurers and professional advisors, provided that the recipient is bound in writing to maintain the confidentiality of the disclosed CONFIDENTIAL INFORMATION.

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11.3 Neither PARTY shall make any public announcements relating to the terms of the AGREEMENT (including press releases, public announcements and marketing materials) without the prior written consent of the other PARTY. Notwithstanding the foregoing, MySimpleLog shall be entitled to identify and name the USER in any public disclosure for reference purposes.

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12 Contract term and termination

12.1 The GTC shall apply until the deletion of the USER's account ("TERMINATION") with MySimpleLog (hereinafter and previously "TERM OF CONTRACT").

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12.2 The licenses, products and services purchased via MySimpleLog or the SOFTWARE shall be concluded for the specified limited term (hereinafter and previously "TERM OF CONTRACT").

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13. effects of termination

13.1 Upon TERMINATION, all provisions of these GTC shall cease to have effect, except that the following provisions of the AGREEMENT shall survive and continue in effect (in accordance with their terms or otherwise indefinitely): Clauses 8, 10, 11 and 15.7 of these GTC.

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13.2 Termination shall not affect the accrued liabilities and rights of either PARTY at the time of termination.

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13.3 Items and data owned by MySimpleLog shall be returned to MySimleLog.

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13.4 After termination of the AGREEMENT, MySimpleLog shall make the data created by the USER available to the USER on request within three (3) weeks for downloading. The data shall be made available in a secure format.

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13.5 Within one (1) week after the USER has downloaded the data, but no later than three (3) months after MySimpleLog has given notice (e-mail is sufficient) to delete the USER's data, MySimpleLog shall be entitled, but not obliged, to completely delete all data stored by the USER on its servers.

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14 Amendments and applicable legislation

14.1 MySimpleLog may change the format or nature of the PRODUCT at any time. MySimpleLog shall use commercially reasonable efforts to notify the USER in writing (e-mail shall suffice) of any material functional changes to the PRODUCT. If such a change impairs the functionality of the PRODUCT, the USER may terminate this AGREEMENT in writing with 30 days' notice.

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14.2 The USER must ensure that its use of the PRODUCT complies with all applicable laws, rules and regulations, in particular data protection regulations.

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15. miscellaneous

15.1 Unless expressly provided otherwise, all notices given by either PARTY under this AGREEMENT shall be in writing and shall only be deemed to have been duly served if delivered to the other PARTY by post (registered mail) or by e-mail.

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15.2 If any provision of the AGREEMENT is found by any court or other competent authority to be illegal, invalid and/or unenforceable, the remaining provisions of the AGREEMENT shall remain in force. If any illegal and/or unenforceable provision would be legal or enforceable if part of it were deleted, that part shall be deemed deleted and the remainder of the provision shall remain in effect (unless this would be contrary to the clear intent of the PARTIES, in which case the entire provision in question shall be deemed deleted). The PARTIES undertake to replace the invalid provision with a provision that comes as close as possible to the economic purpose of the invalid provision. The same applies to unintended gaps in the AGREEMENT.

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15.3 Nothing in the AGREEMENT shall create a partnership, agency relationship or employment contract between the PARTIES.

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15.4 MySimpleLog may amend the GTC at any time, but must inform the USER in writing. The changes shall be deemed accepted if the USER does not object within 7 days of receipt, stating the reasons.

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15.5 The USER may not assign its contractual rights and/or obligations in whole or in part without the prior written consent of MySimpleLog.

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15.6 This AGREEMENT constitutes the entire AGREEMENT between the PARTIES with respect to the ordered service products and in particular the SOFTWARE and supersedes all prior agreements, arrangements and understandings between the PARTIES in this regard.

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15.7 This AGREEMENT shall be governed by Swiss substantive law, excluding conflict of laws rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction is Lucerne, Canton of Lucerne.

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Appendix 1 - Service Level Agreement (SLA)

1. availability of the service

1.1 MySimpleLog shall use commercially reasonable efforts to ensure that the PRODUCT is available 98% of the time on all days of the year, calculated on a monthly basis. "DOWNTIME" (calculated as the difference between 100% of the time in a month and the actual percentage of time in that month that the PRODUCT is available) excludes unavailability due to (i) scheduled maintenance; (ii) technical failures in MySimpleLog's website operating systems or other circumstances beyond MySimpleLog's reasonable control (e.g. internet delays, network congestion and ISP disruptions).

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2. helpdesk

2.1 MySimpleLog shall make commercially reasonable efforts to provide an e-mail helpdesk (hereinafter "HELPDESK") with a ticket system in German, English, French and Italian. The USER must submit all requests for SUPPORT SERVICES via the HELPDESK at support@mysimplelog.ch .

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3. reaction time

3.1 MySimpleLog will use reasonable endeavors to respond to requests for SUPPORT SERVICES made through the HELPDESK as quickly as possible and within the following response times. All requests relating to the PRODUCT will be prioritized according to the severity of the problem:

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3.1.1 Level 1

• Description: The problem affects all or at least the core functionality of the software and prevents the user from executing core business processes related to the service.
• Service time: Office hours: 08:00 - 17:00 on working days
• Response time: 24-48 hours

3.1.2 Level 2

• Description: All other problems with the SOFTWARE, whereby the core functionalities are usable.
• Service time: Office hours: 08:00 - 17:00 on working days
• Response time: 24-48 hours*Working day means Monday-Friday, excluding Swiss public holidays and public holidays in the Canton of Lucerne, Switzerland.

3.2 Time to solve the problem

3.2.1 MySimpleLog shall make reasonable efforts to resolve issues raised by the USER via the HELPDESK as quickly as possible, taking into account the severity of the problem, although MySimpleLog cannot guarantee any resolution times.

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4. measurements

4.1 The operating time is measured over each month using MySimpleLog's automated systems. It is calculated to the minute based on the number of minutes in the respective month (e.g. a 31-day month contains 44,640 minutes).

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5. limitations of the SUPPORT SERVICES

5.1 MySimpleLog shall have no obligation under the AGREEMENT to provide SUPPORT SERVICES with respect to errors or malfunctions caused by:a) improper use of the PRODUCT by the USER; orb) use of the PRODUCT other than in accordance with the terms of the AGREEMENT.

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6. maintenance work

6.1 MySimpleLog may suspend its SAAS SERVICES (including access to the PRODUCT) in order to carry out scheduled maintenance work, such maintenance work to be carried out outside office hours where possible (in accordance with Section 2.1 of this Annex 2).

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6.2 If possible, MySimpleLog shall carry out maintenance work every weekday from 22:00 to 04:00 and on Sunday from 12:00 to 16:00.

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6.3 MySimpleLog shall notify the USER in writing at least two (2) days in advance of any planned maintenance outside the maintenance window communicated above, including full details of the expected DOWNTIME.

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6.4 MySimpleLog shall make every effort to ensure that there is no interruption during maintenance. Nevertheless, access to the PRODUCT may be restricted or even suspended.

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