Terms of Service

Version: 2026-08-30 · Language: English

1. Scope

These General Terms and Conditions ("GTC") apply to all agreements concerning the use of the SaaS platform Formdia Property between the operator of Formdia Property (hereinafter "Formdia Property") and businesses as customers (B2B). Consumer contracts are not the subject of these GTC. Deviating terms proposed by the customer apply only if Formdia Property has expressly agreed to them in writing.

2. Contracting Party

The contracting party and operator of Formdia Property is Formdia GmbH, Frohheimstrasse 8, 9325 Roggwil TG, Switzerland. Formdia Property is offered as a product of Formdia GmbH. VAT No. (UID): CHE-220.558.499. Legal and data-protection-related inquiries may be addressed to `legal@formdiaproperty.com`.

3. Definitions

• Company account/Tenant: the organizational customer unit under which a business uses Formdia Property.
• User: a natural person with access to a company account, distinguished by role (Owner, Admin, Employee).
• Case: a digital handover, acceptance, or inspection record within a company account.
• Customer Data: all data and content that the customer or its users enter, upload, or generate in Formdia Property, in particular case, property, photo, signature, and document data.
• Package: the combination of feature scope and usage limits booked by the customer pursuant to Section 10.

4. Subject Matter of the Agreement

Formdia Property provides a browser-based B2B SaaS platform for digital handovers, acceptances, and inspections. Its core covers cases, property and participant information, modules/sections, findings/defects, key management, photo capture, digital signatures, case finalization, PDF documentation, and user and role management, each within the scope of the booked package. Formdia Property does not provide legal, tax, or other professional advice; the factual accuracy and legal assessment of the recorded cases is the customer's responsibility.

5. SaaS Service Model

Formdia Property is operated as Software-as-a-Service; no locally installed software is provided. Access takes place via a current web browser. Formdia Property continuously develops the platform further (see Section 24) and provides feature scope and availability within the scope of the respectively booked package.

6. Registration and Company Account

Upon conclusion of the agreement, a company account (tenant) is set up for the customer. The first user is assigned the Administrator role upon successful email confirmation and may manage further users and their roles. The customer is responsible for the accuracy of the company and contact information provided upon registration. Registration records company/admin master data, stores a hashed (never plaintext) email verification token, and records the time, language, and version identifier of the explicit, versioned acceptance of the GTC and Privacy Policy; trial access begins only after successful email verification.

7. Users and Roles

Formdia Property distinguishes at least the roles Owner, Admin, and Employee with server-side enforced, differentiated permissions. Employee users receive only the rights assigned to them and no access to package, billing, or administration functions reserved for the Owner/Admin role. The customer is responsible for the correct assignment of roles to its users.

8. Credentials and Security

Each user receives individual credentials. Credentials may not be disclosed to third parties or shared among multiple persons. Formdia Property provides optional security features such as two-factor authentication (2FA) and management of trusted devices. The customer is responsible for deactivating the access of departed users and for promptly reporting security incidents (e.g., suspected compromised credentials) to Formdia Property via the contact channels specified on the platform.

9. Scope of Services

The specific feature scope depends on the booked package pursuant to the then-current service description. Formdia Property is entitled to adjust the feature scope in the course of further development (Section 24), provided that the core benefit of the booked package is not materially impaired thereby.

10. Packages and Add-ons

Formdia Property offers the packages Solo, Team, Business, and Enterprise with differing scope of features and limits (including number of users, active cases, storage space, original photo retention period) as well as optional add-ons to extend individual limits. The commercial base decision on package prices pursuant to Section 27 and the Price and Service Terms has been made; the server-maintained product catalog basis displayed in the customer portal remains authoritative for limits and package contents in individual cases. Public self-service purchase becomes available only once checkout and payment processing are technically active (see Section 29).

Enterprise. No public fixed price and no self-service checkout apply to the Enterprise package. Prices, limits, and optional individual SLA, support, and retention arrangements are expressly agreed individually between Formdia Property and the Enterprise customer. Deviations from these GTC and the Price and Service Terms apply to an Enterprise customer only insofar as expressly set out in writing in the respective Enterprise agreement; otherwise these GTC apply unchanged.

Add-ons. Add-ons extend individual limits of a booked package (e.g., extended original photo retention period, additional storage space). A standalone self-service purchase of add-ons does not currently exist. Activation takes place at the customer's request via `billing@formdiaproperty.com` (in future alternatively via the customer portal, once technically available) and is carried out administratively by Formdia Property; add-ons are paid in advance. If an add-on is activated during a running, already-paid base package period, it is invoiced pro rata for the remainder of that period. An add-on ends at the end of the respective paid add-on period; no pro-rata refund is made. A standalone self-service purchase of add-ons is envisaged only once a genuine billing/checkout function has been technically implemented.

Additional Services. Additional services beyond the base scope of a package (e.g., individual onboarding, data migration, training, customer-specific configuration, integration/project work, and, where applicable, on-site support) are not included in the standard subscription. They are provided only upon express separate engagement, on the basis of a separate offer, billed either at a fixed price or based on actual effort. Additional services do not renew automatically and do not create any entitlement under the regular SaaS subscription.

11. Trial

Formdia Property provides a free trial period of a maximum of 14 days, which additionally ends as soon as two cases have been finalized in the trial account — whichever limit is reached first. The number of actually finalized, not merely created, cases is decisive. A trial account is generally available once per company account. The trial account is started via self-service registration with email verification (see Section 6); it is a dedicated internal trial plan not publicly marketed as a package and is not a reuse of the Solo/Team/Business/Enterprise packages. Formdia Property may alternatively offer larger prospective customers an individually activated pilot access. Upon expiry of the trial (by time or case limit), no automatic conversion into a paid contract and no automatic charge occurs; existing data remains viewable, but operational use is restricted until a paid package is selected and paid for.

12. Usage and System Requirements

Use requires a current, JavaScript-capable web browser and an internet connection. Formdia Property makes no assurance of compatibility with outdated or no-longer-supported browser versions.

13. Customer Data

Customer Data remains attributed to the customer. Formdia Property processes Customer Data exclusively to provide the contractually owed service (storage, display, image optimization, PDF creation, export, provision to authorized users) and within the scope of processing pursuant to the separate DPA.

14. Rights to Customer Data

The substantive rights to Customer Data recorded by the customer remain with the customer. A blanket statement regarding "ownership" of personal data is deliberately not made, as personal data is not subject to a property-like right; the data-protection roles pursuant to the DPA are determinative.

15. Necessary Usage Rights for Formdia Property

The customer grants Formdia Property the non-exclusive rights technically necessary for contract performance to store, process, and display Customer Data, to process it for image and PDF generation, and to provide it within the scope of functions triggered by the customer (e.g., tenant export). Customer Data is not used for Formdia Property's own purposes outside of contract performance.

16. Customer Responsibility

The customer is responsible for the accuracy and completeness of the data it records, the authorization to process photos and third-party personal data, the correct assignment of roles to its users, the lawfulness of uploaded content, the required information to data subjects, and compliance with its own statutory retention and documentation obligations.

17. Third-Party Personal Data

If a user records third-party personal data in the course of a case (e.g., of owners, landlords, property managers, tenants, buyers, experts, or other participants), the customer ensures that a sufficient legal basis exists for this and that data subjects are informed where required. Formdia Property processes such data as a processor pursuant to the DPA to this extent.

18. Photos

The customer may capture photos in the course of a case. Photos are processed server-side as an original and as an optimized display and preview variant and are stored privately with tenant isolation. A package-dependent retention period pursuant to Section 22 applies to original photos. The customer is responsible for the lawfulness of photographing the persons and spaces depicted.

19. Signatures

Formdia Property enables the capture of digital signatures in the course of a case to document the consent of the participating persons. A qualified electronic signature within the meaning of applicable signature legislation is not assured unless expressly agreed otherwise.

20. Documents and PDFs

Completed cases are generated as a PDF document and made available to the customer for retrieval. Formdia Property maintains versioning and revision logic that documents reopenings and refinalizations in a traceable manner.

21. Storage and Limits

Each package includes defined limits for number of users, active cases, and storage space. Upon reaching a limit, Formdia Property may refuse the affected capacity-increasing action (e.g., creating a further user, a further active case, or further storage consumption) until the customer increases the limit or reduces existing usage.

22. Retention

A package-dependent retention period applies to original photos: Solo 90 days, Team 180 days, Business 365 days; no fixed cap is set for Enterprise (individual). This period may be extended by a valid retention add-on. Upon expiry of the period, only the original image is removed from private object storage, while the display and preview version and all PDF documents remain unchanged. If no retention period is defined for a package, or if it is unlimited, no automatic deletion takes place.

23. Downgrade

A change to a package with lower limits (downgrade) takes effect only at the end of the current paid billing period; the higher features/limits of the previous package remain fully in place until that time. No pro-rata refund is made for the current period. The smaller package applies from the beginning of the next period. A downgrade does not result in automatic deletion of existing Customer Data. Existing users, cases, photos, documents, and other Customer Data remain fully preserved and readable; individual photos and PDF documents remain individually retrievable and downloadable within the scope of the applicable lifecycle, and the structured tenant export pursuant to Section 35 remains available. If existing usage exceeds the new limit, Formdia Property may refuse only new, capacity-increasing actions (e.g., creating further users or cases, further storage consumption) until usage is reduced below the limit or the package is upgraded again.

24. Further Development

Formdia Property continuously develops the platform further and may add, adapt, or replace features with equivalent features. Material changes that noticeably restrict the agreed core scope of the booked package are generally announced to the customer at least 30 days in advance, in particular via in-app notices or email; the exceptions pursuant to Section 45 (statutory/regulatory requirement, acute security need, abuse prevention, purely technical changes without material adverse effect) apply accordingly.

25. Maintenance and Availability

No contractually guaranteed percentage availability SLA exists for the Solo, Team, and Business packages. Formdia Property endeavors to ensure high availability of the platform (best effort) but does not assure any specific percentage availability (e.g., "99.x%") or 24/7 availability. The target support response time pursuant to Section 26 (1–2 business days, best effort) remains unchanged; critical security or access issues are prioritized. For Enterprise customers, an individual SLA may be expressly agreed as a deviation; only then does the metric specifically set out in the respective Enterprise agreement apply. Maintenance work and security measures may temporarily restrict availability; Formdia Property endeavors to announce plannable maintenance windows appropriately. The target procedure for planned maintenance is: a notice approximately 30 minutes in advance, a countdown starting 10 minutes in advance, a heightened warning starting 2 minutes in advance, a server-side write lock upon reaching the maintenance time, and prior automatic saving (autosave) of in-progress input.

26. Support

Formdia Property provides standard support via `support@formdiaproperty.com` and, once publicly activated, via the web form. Processing generally takes place on business days; a target response time of 1–2 business days is aimed for regular inquiries, and critical security or access issues are prioritized. This is a target figure in the sense of a best-effort commitment and not a guaranteed round-the-clock availability and not a warranted SLA for the Solo, Team, and Business packages. Individual support and SLA arrangements may be agreed for Enterprise customers. A dedicated in-app support system and a public status page are planned but are not yet available (Coming Soon).

27. Prices

The package prices valid at the time of contract conclusion, as shown in the customer portal pursuant to the Price and Service Terms, apply (current commercial basis: Solo CHF 15.–/month or CHF 150.–/year, Team CHF 39.–/month or CHF 390.–/year, Business CHF 79.–/month or CHF 790.–/year, Enterprise individual; alongside Single Protocol as a one-time, no-subscription product for CHF 7.50). Published prices are exclusive of VAT. For annual billing, the customer receives twelve months of use for the price of ten monthly installments; this may be communicated as "save 2 months with annual payment." This pricing structure has been commercially resolved; however, public bookability is linked to the technical availability of checkout and payment processing pursuant to Section 29 and is not yet in place.

28. Invoicing

Formdia Property subscriptions are generally billed in advance: for monthly billing, for the coming monthly period; for annual billing, for the coming annual period. The invoice is issued before the start or renewal, respectively, of the coming usage period; `billing@formdiaproperty.com` applies for billing inquiries. There remains no automated self-service checkout, invoicing run, or payment process.

29. Payment

Payment of the respective invoice issued in advance is a precondition for the regular continuation of the coming usage period; a period already paid for remains usable in any case until its end. The payment term is 10 days from the invoice date. Payment of the invoice by bank transfer has been resolved as the starting payment method. Payment processing via a payment provider has not yet been technically implemented; QR-bill, credit card, and TWINT are planned or possible in the future but are not currently active.

30. Default of Payment

After the fruitless expiry of the 10-day payment term pursuant to Section 29, Formdia Property sends a first, free-of-charge payment reminder. If payment remains outstanding, a second reminder follows, noting an impending restriction of access. If payment remains outstanding thereafter, Formdia Property may place the company account into a restricted state: login as well as invoice, payment, and account management remain possible, but operational use (e.g., new cases, new uploads) is restricted. Default of payment and a resulting restriction do not constitute termination of the agreement; upon full settlement of payment, the account is reactivated without restriction. No immediate deletion of Customer Data occurs due to default of payment. The first payment reminder and the second reminder are free of charge; no reminder, default, or collection fees and no reactivation fee are charged. This freedom from fees is resolved as a binding business rule; the introduction of such fees in the future requires a new, express business decision as well as compliance with the notice rule pursuant to Section 45. Statutory claims of Formdia Property (e.g., default interest under applicable law) are not thereby excluded on a blanket basis.

31. Upgrade

A change to a package with higher limits (upgrade) takes effect immediately; the higher features/limits are available to the customer without delay. For the remaining term of the current paid period, the price difference between the previous and new package is recalculated pro rata. From the next contract renewal (Section 32) onward, the full price of the new package applies. An upgrade may be initiated by the customer via account management, provided and once the corresponding self-service function is available; otherwise the change takes place upon request. Upgrades have no adverse effect on existing Customer Data.

32. Termination

A paid subscription renews automatically: a monthly subscription by a further month at a time, an annual subscription by a further year at a time, unless effectively terminated by the end of the respectively current paid period. Billing continues to take place in advance (Section 28); price changes are governed by Section 27, the Price and Service Terms, and Section 45 (at least 30 days' advance notice), and an already-paid current period remains unaffected thereby. This automatic renewal applies exclusively to already-paid subscriptions. The trial pursuant to Section 11 does not renew automatically, does not automatically convert into a paid subscription, and does not lead to any automatic charge; a paid package must be consciously selected and agreed by the customer.

For monthly billing, a termination takes effect at the end of the current paid monthly period; for annual billing, at the end of the current paid annual period. No pro-rata refund of already-paid periods is made. Termination does not end access immediately during an already-paid period; the 30-day grace period pursuant to Section 34 begins only after its end. Termination shall be effected electronically via the customer account once this function is technically available; until then, termination is possible via `billing@formdiaproperty.com` or `support@formdiaproperty.com`. Termination by letter is not required. Extraordinary statutory rights of termination remain reserved. Deviating, individually agreed termination arrangements may apply for Enterprise customers.

33. End of Contract

Upon reaching the agreed or effectively terminated end of contract (`ends_at`), the 30-day grace period described in Section 34 begins automatically; no separate trigger by the customer is required.

34. 30-Day Grace Period and Further Contract Wind-Down

After the end of the contract, Formdia Property grants a 30-day transition period (grace period, day 0–30) with read and export access. During this period, the following remain possible: login, reading existing case, account, and company data, retrieval of individual photos and PDF documents, downloads, the tenant export pursuant to Section 35, and personal security/account functions (e.g., password change, 2FA management). No longer possible are new cases, new uploads, content changes to existing cases, and finalizations or reopenings, to the extent the platform's then-current lifecycle logic already provides for this.

After expiry of the grace period (day 31–90), a restricted internal retention phase follows: operational customer access remains restricted or locked, while the data itself remains internally preserved during this phase to enable a recovery, reactivation, and wind-down window.

From day 90 after the end of the contract, operational tenant and case data is intended to be deleted. Statutorily required contract, invoice, or tax/accounting data is retained separately and, where applicable, longer, independently of this and in accordance with the respectively applicable statutory retention obligations; the specific statutory periods are not stated numerically here. After deletion of operational Customer Data, residual data may, for technical reasons, still exist for up to a further 30 days (in total, at most until day 120 after the end of the contract) in technical backup copies, which serve exclusively for technical disaster recovery, do not constitute a customer archive, are not subject to normal productive access, and are overwritten or removed in the regular backup cycle.

At no point during the grace period itself does an automatic, complete deletion of all tenant data occur.

35. Export

Owner and Admin users may trigger a structured data export (tenant export) of the company account during an active contract as well as during the grace period. The export in the current version (V1) comprises structured company, user, case, and metadata as JSON as well as references to photos and documents, but not yet a bundled ZIP file containing all image files and PDF binary data. A complete binary overall export is planned as a further development but is not currently the subject of the agreement.

36. Suspension and Abuse

Formdia Property may temporarily restrict access upon reasonable suspicion of abuse, security incidents, or violation of these GTC, to the extent necessary to safeguard the security of other customers or the platform. The customer is informed of this where possible. Such a restriction, as well as a restriction due to default of payment pursuant to Section 30, is to be distinguished from the end of contract pursuant to Section 33: they do not in themselves constitute an end of contract and do not trigger the grace period pursuant to Section 34.

37. Data Protection / DPA

The Privacy Policy and the separately concluded Data Processing Agreement (DPA), which becomes part of this agreement once concluded, apply in addition to the processing of personal data on behalf of the customer.

38. Subprocessors

Formdia Property engages subprocessors to provide the service. The current, binding list of subprocessors engaged is maintained on the dynamic "Subprocessors" page and forms part of the DPA (Annex A). If Formdia Property engages a new or replacement subprocessor with access to Customer Data, Formdia Property informs the customer at least 30 days in advance. The customer may object within this period on legitimate data-protection grounds; there is no blanket, groundless right of veto. In such a case, Formdia Property will first examine a practicable alternative; if no reasonable alternative is possible, the affected service, or, absent agreement, the agreement with respect to the affected service, may be terminated for cause.

39. Confidentiality

Both parties treat information of the other party that is not publicly available as confidential and use it exclusively to perform the agreement.

40. Intellectual Property

All rights to the Formdia Property software, its structure, design, and documentation remain with Formdia Property or the respective rights holders. The customer receives a simple, non-transferable right of use for the term of the agreement within the scope of the booked package.

41. Warranty

Formdia Property endeavors to operate the platform functionally and free of serious defects. No assurance of absolute freedom from errors or uninterrupted availability is given.

42. Liability

Formdia Property is not liable for the content, lawfulness, or legal effect of the case data recorded by the customer.

43. No Legal, Tax, or Professional Advice

Formdia Property is a technical documentation platform. It does not replace legal, tax, or other professional advice. The legal effect of handover, acceptance, or inspection documentation, as well as signatures, recorded in Formdia Property is subject to the customer's own responsible assessment.

44. Notices

Legally relevant notices are generally given electronically, in particular by email to the contact address stored in the company account or as an in-app notice.

45. Amendments to the Terms

Formdia Property may amend these GTC, in particular to adapt to changes in law, technical development, or changed business terms. Material amendments are generally announced at least 30 days in advance; an already-paid current service period is not retroactively changed by such an amendment. A shorter notice period is organizationally provided for where the amendment is mandatorily required due to a statutory or regulatory requirement, an acute security need, measures to prevent abuse, or purely technical changes without material adverse effect on the customer. Price changes are additionally governed by Section 27 and the Price and Service Terms (at least 30 days' advance notice, already-paid current periods unchanged in price, customer's right of termination before the change takes effect).

46. Language

These GTC are provided in German and English; both versions are intended to be substantively equivalent. In the event of contradictions or differences in interpretation between the versions, the German version is authoritative.

47. Governing Law

It is envisaged as a commercial target decision to agree Swiss law as the governing law.

48. Jurisdiction

It is envisaged as a commercial target decision to agree the registered seat of the Formdia Property contracting party as the place of jurisdiction, subject to mandatory statutory places of jurisdiction.

49. Final Provisions

Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions is unaffected. An effective provision that comes as close as possible to the economic purpose of the invalid provision shall apply in its place. Individual written agreements take precedence over these GTC.