1 General Section
1.1 Fundamentals

Atlanto (Atlanto Ltd, Dufourstrasse 40, 9001 St. Gallen, Switzerland) is made available to users in accordance with the present Atlanto Terms of Use and the Atlanto Data Protection Provisions. Atlanto’s objective is to make day-to-day business as easy as possible for small-business owners. By completing the registration form on the website, the customer unconditionally acknowledges the following terms of use. The current version will be published on the Atlanto website, and Atlanto may publish a new version at any time. The customer agrees to the updated version. Atlanto is a service for SMEs that comprises various components such as ‘information’, ‘planning’ and ‘management’ (list is not exhaustive):

• Information: blogs, checklists and guides to setting up business, succession planning, pensions, IT security and business risks.
• Plan: business plan tool and a simple CRM solution to manage customer and supplier data and enter corresponding tasks.
• Manage: a simple accounting software solution, e.g. to enter orders, write and book invoices, and perform payroll accounting.

1.2 General Legal Provisions
Atlanto reserves the right to update, amend or supplement these Conditions whenever it is considered necessary. In the event that one of the following conditions is or becomes null and void, that will not affect the validity of the agreement as a whole. In addition to the following Terms of Use and for the purposes of this contract, the provisions of the relevant laws apply, even if not stated explicitly in these Terms of Use, along with the conditions of use of providers of tools or modules offered and/or used on Atlanto.

The present Atlanto Conditions of Use set down the legal framework for users.

2 Limitation of Liability; Misuse
Any general or specific liability on the part of Atlanto is excluded.

The user confirms that he/she will not utilize the application for any of the following purposes:
a) in order to engage in illegal activities;
b) to perform acts that disrupt, damage or reduce the effectiveness of the application;
c) to transfer data or files containing viruses, Trojans or other malware.

Atlanto will make all reasonable effort to ensure the optimum functionality of Atlanto, but is neither responsible nor accepts any liability for any imprecise information that users receive via Atlanto.

3 Special Section
3.1 Application and Use
By utilizing Atlanto, the user consents to the following:
a) The user will provide true, exact, complete and up-to-date information and notify Atlanto of any changes to that information. Atlanto is not obliged to monitor or check the accuracy of the information provided by the user. If the information provided by the user does not meet the above conditions, or if we have reason to assume the information is incorrect, we reserve the right to block the user’s access to Atlanto with immediate effect and without prior notice, and to refuse the user the right to utilize Atlanto now and in the future.

b) The user is willing to receive notifications about the information that we wish to share with him/her.

3.2 How can I use Atlanto?
a) Registration is the basic prerequisite for using Atlanto.
b) By using Atlanto, the user grants access to the data they share on Atlanto or on the platform.

3.3 Recording of Data
a) In particular, using Atlanto means the user has logged on.
b) The data is recorded in accordance with the data protection provisions.

3.4 User’s Obligations
a) The user must observe all technical limitations of the application that permit use only as intended.
b) For example, the user must not do any of the following (list is not exhaustive):
1. override any technical limitations in the application software
2. reverse engineer, decompile or disassemble the application software’s source code or object code
3. make copies of the application
4. publish the application for others to copy
5. rent, lease, sub-let, translate or loan the application
6. transfer the application to a third party
7. use the application for commercial application hosting services.

3.5 Term, Termination and Cancellation
a) The user is bound to the contract on activation of the service on Atlanto.
b) The contract is concluded for the period of use selected on the Marketplace.
c) If a free trial period is offered by Atlanto, the user is entitled to cancel the contract free of charge within this period.
d) Monthly subscriptions are open-ended and can be terminated by either party with one month’s notice, effective as of the end of the month (by no later than 10 pm CET).
e) Annual subscriptions have a term of one year and can be terminated by either party with one month’s notice, effective as of the end of the contract year (by no later than 10 pm CET).
f) Form of termination: The contract must be terminated directly online on Atlanto in the order overview. After termination, Atlanto will send the user an email with confirmation of the termination. After termination of the contract, the customer has one month to request the disclosure of his data. Atlanto is not obliged to store data of the customer beyond this period or to secure the release. If a customer requests the return of data after the one-month period has expired and these are still available at Atlanto, Atlanto will return the data to the customer after payment of the actual costs incurred for this.

g) Both parties retain the right of immediate cancellation of the contract on justified grounds. A justified ground for immediate cancellation of the contract exists for Atlanto:
1. if the user becomes bankrupt or bankruptcy proceedings are discontinued due to lack of assets;
2. if the user is in arrears of payment obligations under this contractual relationship to the amount of at least one invoice for services, and the user has been asked unsuccessfully to pay the owed amount within an extension period of 10 days and under penalty of termination of contract;

3. if the user culpably violates legal regulations or infringes copyright, industrial property rights or naming rights of third parties in the course of use of the contractual services;
4. if the user uses the services for the purposes of furthering criminal, illegal or ethically questionable acts.

3.6 Fee, Price, Payment Terms
a) The user agrees to pay the fee to Atlanto as per a monthly invoice for services within 20 days of the invoice date.
b) All prices are understood to be in CHF and exclusive of VAT. Prices can be viewed on Atlanto’s website and the Atlanto Marketplace.
c) At the end of each month, Atlanto sends the user an invoice for services for the contractually owed fee. Use is billed pro rata temporis for the first chargeable month of use.
d) The user cannot offset claims of the user against claims of Atlanto.
e) If third-party providers are contracted to process the payments, their terms and conditions apply.
f) Atlanto is entitled to adjust fees and services with effect as of the next possible date of termination, subject to written notification of the user. Reasons for such a change in the services include, in particular, technological progress and further development of the software. If the user does not wish to continue the contract at the changed rates, the user is entitled to extraordinary termination with 14 days’ notice, effective as of the date the change goes into effect.
g) In the event of arrears, the user is granted an extension period of 10 days. If the amount owed pursuant to the invoice for services is not paid within the extension period, Atlanto is entitled to temporarily limit or suspend the user’s access to the chargeable services. In such a case, the overdue amount still remains owed in full during the period of restriction. Access will be restored after payment of the overdue amount. In addition, the user cannot obtain any new services. The corresponding access and the purchase of new services will be reactivated once the overdue amount has been paid.
h) Atlanto reserves the right to deactivate a user’s active paid services if no payment has been received for that user for more than 60 days. The overdue amount still remains owed in full.

3.7 Voucher
a) A voucher for Atlanto can only be redeemed during the order process for the relevant module in the order overview on Atlanto. If the module has already been ordered beforehand, the voucher cannot subsequently be redeemed.
b) A voucher for Atlanto can only be used once and cannot be combined with other vouchers.
c) The value of the voucher cannot be paid out.

3.8 Services of Atlanto
d) In return for the fee, the user is granted the right to use the selected services for the term of the contract.
e) Rights of use under this contract cannot be transferred or sub-licensed.
f) Detailed service, product and price information can be viewed on Atlanto’s website and the Atlanto Marketplace.
g) Atlanto may engage third parties to provide and render these services. Third-party services are governed by the terms and conditions of the third party.

3.9 Banking Features

When using Atlanto’s optional banking features or when connecting your own accounts to a bank, data is exchanged between Atlanto and that bank. This includes payment and bank- specific information such as the IBAN, account details, etc.

3.10. Marketplace / Third Party Add-Ons

Atlanto provides an interface (“API”) for communication with third-party softwares. This enables the customer to integrate various third-party offers (add-ons) beyond the Atlanto software. The customer has the possibility to order various add-ons in the marketplace of Atlanto. In addition, the customer may grant third-party providers the right to use the interface to his Atlanto account. Unless expressly agreed otherwise, a contractual relationship for the use of third-party add-ons is concluded exclusively between the customer and the third-party provider.

If access rights are required for the use of an add-on, the customer expressly agrees to grant all necessary access rights by ordering or integrating the add-on. Atlanto is then entitled to provide all data of the customer necessary for the use of the add-on, or to allow access to it. The customer retains full control of the third-party provider’s access rights to his data and can restrict or deny access at any time. The customer agrees that Atlanto or the third-party provider will exchange data with this third-party provider when using further add-ons.

Any warranty and liability are expressly excluded. In particular, Atlanto assumes no responsibility for the data processing of the third-party provider.

3.11. Referral – Declaration of Consent

The user acknowledges and accepts that an from Atlanto in the event of a possible referral by the will receive a commission payment upon the conclusion of this

legally valid contract. The user expressly waives any claims against the intermediary for the commission payment due. Furthermore, the user has no entitlement to partial or full forwarding, crediting, or offsetting of this payment in relation to to products or services of the intermediary. By accepting these terms of use, the user confirms that he/she has received and understood this information.

3.12. Courses
a) Registration
1. Course registration, which exclusively takes place online, is binding and requires the user to pay the course amount for paid-for courses.
2. If the number of course participants is limited, registration is on a first-come, first- served basis.
b) Prices and Benefits
1. The benefits and prices of a course are listed in the corresponding announcement on the Atlanto website.
2. For paid-for courses, the prices listed are exclusive of VAT.
3. Short-term modifications to the description of benefits may be made at any time, taking into account the course objective.
c) Procedure
1. Atlanto reserves the right to postpone the course if there are not enough participants or for unforeseeable reasons, such as the course instructor being ill or in an accident.
2. For paid-for courses, fees already paid will be offset against a later course date. The person registered will be notified of the postponement as early as possible. Further claims are excluded.
d) Changes and Adjustments
1. Atlanto reserves the right to make programme changes to a course event, e.g. with respect to content or staff changes.
2. Instructors are responsible for designing the course content. The content is subject to short-term changes.
e) Payment Methods
1. For paid-for courses, course costs must be paid by credit card when registering for the course, unless otherwise agreed.
f) Cancellation or No-Show
1. Cancellations must be made in writing by email and are free of charge up to 7 days before the start of the course for paid-for courses.

2. If the user does not cancel up to 7 days before the event date or does not take part in the event without cancelling, the user is obliged to pay the full participation fee for paid-for courses.
g) Insurance
1. Insurance is the responsibility of course participants.
h) Liability
1. Atlanto accepts no liability. Your use of the courses is at your own risk. Atlanto is not liable for how successful the training is or for any consequences that may result from using the courses.
2. For online courses, the users themselves must ensure that they meet the technical requirements for participating in the online course (audio and video connection, stable data connection) and for data security.

3.13 Videos

The following stock medium is being used: https://stable.stock.adobe.com/ Licensing code: ASLC-13348607-61769CBD8B

4 Data Protection and Confidentiality
a) Atlanto is entitled to use, in compliance with the data protection provisions, all the data it stores or enters in Atlanto at any time and without prior notice to the user.
b) When processing this data, Atlanto must observe high ethical standards and the respect the user’s privacy. With the exception of disclosures made to public authorities or law enforcement agencies that are required or permitted in accordance with the applicable laws, Atlanto will not disclose personal data to third parties without your consent. However, Atlanto reserves the right to disclose your personal data to related entities and trusted processors in compliance with all applicable laws and regulations and with the provisions of the agreement if such disclosure is necessary or if said entities or processors need to access such information in order to perform services, including customer service and external audits, to your advantage and to continuously improve those services.
c) Atlanto’s data protection provisions, and the data protection provisions of providers of tools or modules offered and/or used on Atlanto, also apply.

5 Termination of Use
a) Atlanto may terminate use of the services at any time without giving reasons. Any and all liability arising from such termination is excluded.
b) After deletion of the company by the user, order data will be irretrievably deleted after a total of 7 days, unless otherwise instructed by the user.

6 Applicable Law and Legal Venue
Any disputes arising from or in connection with this agreement are subject to Swiss law and to the jurisdiction of the Swiss courts.