Terms & Conditions
These General Terms and Conditions ("Terms") govern the use of the Custal platform and services provided by Nsix Digital GmbH. By using our services, you agree to these Terms.
1. Definitions
"Service": The Custal SaaS platform, a client portal management solution for businesses, including secure messaging, secure document sharing, and project tracking features.
"Provider": Nsix Digital GmbH, CHE-243.761.396, headquartered at Panoramastrasse 26, 8903 Birmensdorf, Switzerland.
"User": Any natural or legal person who creates an account and uses the Service.
"Organization": A business entity that subscribes to the Service to manage its client relationships.
"End Client": A client of an Organization who accesses the portal created by the Organization.
"Subscription": The paid or free plan chosen by the User to access the Service.
2. Acceptance of Terms
By creating an account or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
We reserve the right to modify these Terms at any time. Users will be notified of any material changes by email or through the Service. Continued use of the Service after such modifications constitutes acceptance of the updated Terms.
3. Description of Service
Custal is a client portal management platform designed for businesses. The Service provides:
- Secure messaging between Organizations and their clients
- Secure document sharing and storage
- Project tracking and collaboration tools
- Customizable branded client portals
The Service is offered through two subscription tiers:
- Free Plan: Basic features available at no cost, indefinitely
- Pro Plan: Advanced features available through a paid monthly subscription
4. Account Registration
To use the Service, you must create an account by providing accurate and complete information. You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Notifying us immediately of any unauthorized use of your account
- Keeping your account information up to date
5. Pricing and Payment
5.1 Pricing
Prices for paid subscriptions are displayed on our website and are quoted exclusive of VAT (HT). Applicable taxes will be added at checkout where required.
5.2 Payment Methods
We accept payment by credit card. All payments are processed securely through Stripe, our third-party payment processor. We do not store your complete payment card information.
5.3 Billing Cycle
Paid subscriptions are billed monthly. The first payment is processed at the time of subscription, and subsequent payments are processed automatically on the same day each month.
5.4 Price Changes
We reserve the right to modify our prices. Any price changes will be communicated to you at least 30 days in advance and will apply to the next billing cycle following the notice period.
6. Renewal and Cancellation
6.1 Automatic Renewal
Paid subscriptions are automatically renewed at the end of each billing period unless cancelled before the renewal date.
6.2 Cancellation
You may cancel your subscription at any time through your account settings or by contacting us. Cancellation must be made before the start of the next billing period to avoid being charged for that period.
6.3 No Refunds
Payments are non-refundable. In case of cancellation, you will retain access to the Service until the end of the current billing period, but no prorated refund will be issued.
6.4 No Cancellation Fees
There are no fees or penalties for cancelling your subscription.
7. Prohibited Uses
You agree not to use the Service for any unlawful or prohibited purpose, including but not limited to:
- Any illegal activity or violation of applicable laws and regulations
- Fraud, money laundering, or financing of terrorism
- Distribution of malware, viruses, or harmful code
- Unauthorized access to systems or data (hacking)
- Harassment, defamation, or threats against others
- Distribution of illegal content (pornography, violence, hate speech)
- Infringement of intellectual property rights
- Spamming or unsolicited mass communications
- Activities related to illegal drugs, weapons, or contraband
- Any activity that could damage, disable, or impair the Service
- Reselling or redistributing the Service without authorization
- Any grey market or black market activities
We reserve the right to immediately suspend or terminate accounts engaged in prohibited activities, without refund and without prior notice.
8. Intellectual Property
8.1 Our Property
The Service, including all software, design, trademarks, and content, is the exclusive property of Nsix Digital GmbH and is protected by Swiss and international intellectual property laws.
8.2 Your Content
You retain ownership of all data, documents, and content that you upload or create within the Service ("User Content"). By using the Service, you grant us a limited license to process, store, and display your User Content solely for the purpose of providing the Service.
8.3 Anonymized Data
We may use anonymized and aggregated data derived from your use of the Service to improve our products and services. This data cannot be used to identify you or your clients.
8.4 Data Export
The Service does not currently include a data export feature.
9. Service Availability
9.1 No Guaranteed Uptime
While we strive to provide reliable access to the Service, we do not guarantee any specific level of availability or uptime (no SLA).
9.2 Planned Maintenance
We may perform scheduled maintenance that could temporarily affect access to the Service. We will endeavor to provide advance notice of planned maintenance when possible.
9.3 No Compensation
No compensation or credits will be provided for service interruptions or unavailability.
10. Limitation of Liability
10.1 Disclaimer
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
10.2 Limitation
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NSIX DIGITAL GMBH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL.
10.3 Maximum Liability
Our total liability for any claims arising from or related to the Service shall not exceed the total amount paid by you to us during the twelve (12) months preceding the claim.
11. Customer Support
Customer support is available via the in-app messaging system or by email at nicolas@nsixdigital.com.
We aim to respond to support requests within one (1) week during business days. The same level of support is provided to all users regardless of subscription tier.
12. Termination
12.1 Termination by You
You may terminate your account at any time by cancelling your subscription and requesting account deletion.
12.2 Termination by Us
We may suspend or terminate your account immediately and without notice if you:
- Violate these Terms
- Engage in prohibited activities
- Fail to pay applicable fees
- Provide false or misleading information
12.3 Effect of Termination
Upon termination, your right to use the Service will immediately cease. We may delete your data in accordance with our Privacy Policy.
13. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of law provisions.
Any disputes arising from or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Zurich, Switzerland.
14. Miscellaneous
14.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Nsix Digital GmbH regarding the Service.
14.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
14.3 No Waiver
Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
14.4 Assignment
You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
15. Contact
For any questions regarding these Terms, please contact us:
Nsix Digital GmbH
Panoramastrasse 26
8903 Birmensdorf
Switzerland
Email: nicolas@nsixdigital.com
Last updated: December 2024