GF Digital service terms
1 Parties to these terms
1.1 You, as the customer or user of the Digital Services are entering into these Digital Service Terms with GF.
1.2 By accessing or using the Digital Services, or executing an Order Form, you agree to be bound by these Digital Service Terms.
2 Access and Use
2.1 Subject to your compliance with the terms of the Agreement, you are granted a non-exclusive, non-transferable right to access and use our Digital Services solely for the purposes outlined in the Agreement.
2.2 You must ensure that your device meets the necessary specifications and requirements to run our Digital Services, including any updates that may be released. It is your responsibility to maintain your device's compatibility to ensure uninterrupted access and functionality.
2.3 You must offer all the cooperation and assistance we may reasonably ask for to enforce our rights and fulfil our obligations under the Agreement.
3 Acceptable Use and Cyber Security
3.1 You agree to use our Digital Services responsibly and in compliance with all applicable laws, regulations, and the Agreement. You shall not use the Digital Services for any unlawful, abusive, or malicious activities, nor attempt to compromise the integrity or security of our systems or the systems of other users.
3.2 You must take precautions to protect your account information, devices and systems against unauthorized access, viruses, and other cyber threats that could affect the security or functionality of our Digital Services.
3.3 You may not reverse engineer, disassemble or decompile, or otherwise attempt to derive the Digital Services, in whole or in part, unless specifically allowed by the applicable law.
3.4 You agree not to interfere with the normal functioning of our Digital Services, nor attempt to circumvent any security measures we have implemented to protect our systems.
3.5 You are responsible for all activities that occur under your account, regardless of whether these activities are undertaken by you, your employees or a third party, unless the activities are caused by our breach of these Terms. You must contact us immediately if you believe an unauthorized third party may be using your account or if your account information is lost or stolen. We will contact you by email regarding the provisions of Digital Services and changes to the Digital Services or this Agreement.
4 Changes
4.1 We reserve the right to make changes to these Digital Service Terms from time to time to reflect operational, legal, or regulatory changes. We aim to communicate any material changes to you at least 30 days prior to their effective date.
4.2 If you do not agree to the changes, you may terminate your use of the Digital Services before the changes become effective, following the termination procedure outlined in Section 6.
4.3 By continuing to use or access the Digital Services, you are deemed to accept any modifications made to these Digital Service Terms.
4.4 We reserve the right to update, modify, or enhance the Digital Services from time to time as we deem appropriate. However, we do not guarantee that any such updates, modifications, or enhancements will be made, nor that they will be made available within any specific timeframe.
5 Termination and Phase-Out
5.1 You may terminate your subscription to our Digital Services by providing us with 30 days' written notice unless otherwise agreed in the Order Form or the Service-Specific Terms.
5.2 We may terminate or phase out the provision of the Digital Services by providing you with 30 days' written notice.
5.3 We may terminate the Agreement with a written notice effective immediately if you:
a) neglect to pay any amount owed more than 14 days past the due date,
b) materially breach the Agreement, and such breach either (i) cannot be remedied, or (ii) though it is remediable, remains unrectified for more than 14 days after you have received written notice of the breach,
c) violate any applicable laws in the access to or use of the Digital Services,
d) become the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors, or an administrator is appointed over any of your business or assets or
e) you have not used the services for more than 12 months.
5.4 Upon termination, you must cease using the Digital Services and uninstall or delete any related software or content.
6 Data Sharing
6.1 We may collect, access, or receive data from connected devices for the purpose of providing, maintaining, or improving the Digital Services or developing our other services and share de-identified and aggregated data with third parties for these purposes.
7 Privacy
7.1 Our privacy practices, including how we collect, use, and share personal data, are described in the Privacy Statement referred to in the Service-Specific Terms.
8 Intellectual Property Rights (IPR)
8.1 We and our licensors retain all intellectual property rights in the Digital Services, including but not limited to software, content, and documentation provided as part of the services.
8.2 If you provide any ideas, suggestions, or feedback ("Feedback") to us regarding our Digital Services, you hereby assign all rights, title, and interest in and to the Feedback to us. You agree that we shall be entitled to use, modify, and exploit the Feedback without restriction and without any obligation to provide you with any compensation or acknowledgment.
9 Indemnities
9.1 We will indemnify you against any claims, damages, or costs arising out of any third-party claim that your use of the Digital Services, as provided and authorized under these terms, infringes on their intellectual property rights in the, provided that you: (i) promptly notify us of such claims, (ii) allow us to control the defense and settlement of the claim, and (iii) provide reasonable assistance in defending the claim. The indemnities do not apply if the claim arises from:
a) third-party materials or data inputted by you,
b) modification of the Digital Services other than: (i) by our behalf, or (ii) with our written approval in accordance any accompanying specifications,
c) failure to timely implement any updates or other modifications made available to you, or
d) your use of the Digital Services in breach of the terms of the Agreement,
9.2 You will indemnify us against any claims, damages, or costs arising out of any third-party claim relating in any way to any violation of your obligations set out in Section 3 or 11.
10 Limitation of Liability
10.1 The Digital Services are provided on an "as is" basis. We make no warranties or representations, either express or implied, regarding the suitability, reliability, availability, or accuracy of the Digital Services. For the avoidance of doubt, we do not warrant that the Digital Services will be error free nor that any errors will be corrected.
10.2 To the fullest extent permitted by law, our liability for damages arising out of or in connection with your use of the Digital Services is limited to direct damages and shall not exceed the fees you have paid for the services over the preceding twelve months, or 50 CHF, whichever is greater.
10.3 We are not liable for any indirect, incidental, or consequential damages, including but not limited to loss of profit, data loss, or business interruption.
10.4 We are not liable for any damages caused by software provided by third parties.
11 Export Control
11.1 You agree to comply with all applicable export control, embargoes and trade sanctions laws and regulations in connection with your use of the Digital Services, including those of the United Nations, Switzerland, the European Union and its member states, and the United States.
11.2 You represent and warrant that you are not located in, under the control of, or a national or resident of any country or territory that is subject to trade sanctions or comprehensive embargoes, and that you are not a prohibited end-user under applicable export control laws.
11.3 You shall not use, export, re-export, transfer, or disclose any part of the Digital Services in violation of applicable export control laws and regulations.
12 Governing Law and Dispute Resolution
12.1 This Agreement shall be governed by and construed in accordance with the applicable laws of the country GF has its registered seat in. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
12.2 Any dispute arising out of or in connection with this Agreement shall be subject to the jurisdiction of the courts of GF’s registered seat.
12.3 Notwithstanding the foregoing, nothing in this Agreement shall limit the GF’s rights to seek interim injunctive relief in any court of law.
4 Force Majeure
We shall not be liable for any failure or delay in performing our obligations under these terms due to circumstances beyond our reasonable control, including but not limited to acts of nature, government restrictions, strikes, or other events of force majeure.
14 Miscellaneous
14.1 If any provision of these terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
14.2 These Digital Service Terms, together with the Service-Specific Terms and Order Form, represent the entire agreement between us regarding your use of our Digital Services. In case of conflict the order following order of precedence shall apply: 1) Order Form, 2) Service-Specific Terms, 3) Digital Service Terms.
15 EU / EEA Specific terms
15.1 This section 15 applies to you only if you are located in the EU or the EEA.
15.2 Applicable as of 12 September 2025: In accordance with the EU Data Act, you have the right to request access to the data generated by your Connected Devices. We will make the relevant data available to you in a structured, commonly used, and machine-readable format within a reasonable time. The data will be available 30 days after the termination of the agreement, after which it will be deleted.
15.3 As of 12 September 2025: Upon your request, in accordance with the EU Data Act, we will also share data generated by your Connected Devices with a third party of your choice, provided that the request is lawful, feasible, and the third party meets reasonable security and privacy standards.
As a limited exception to section 12, if you are a consumer and a resident in the European Union or the EEA, the laws of the member state in which you are the resident shall govern this Agreement, as well as any disputes potentially arising in connection with it. The courts of the consumer user's place of residence shall have non-exclusive jurisdiction over any such dispute. Consumer users in the European Union and EEA may also bring any such dispute before a local consumer dispute resolution body.
16 Definitions
Agreement: These Digital Service Terms, the Service-Specific Terms, and the Order Form.
Connected Devices: Devices that are capable of transmitting data to and receiving data from our Digital Services.
Digital Services: Services provided by us that involve digital components, such as software, cloud-based platforms, or connected device functionality.
EU Data Act: Regulation (EU) 2023/2854 of the European Parliament and of the Council of 13 December 2023 on harmonised rules on fair access to and use of data and amending Regulation (EU) 2017/2394 and Directive (EU) 2020/1828 (Data Act)
Force Majeure: Events or circumstances beyond our reasonable control that prevent ordelay the performance of our obligations, including but not limited to natural disasters, government actions, and labor strikes.
Intellectual Property Rights or IPR: Copyright, design rights, patents, trademarks, trade secrets, utility models and other forms of intellectual property rights, whether registered or not.
Order Form: The document through which you subscribe to Digital Services, specifying the scope, fees, and any other terms of the subscription.
Privacy Statement: The document outlining our practices regarding the collection, use, and sharing of personal data linked to in the Service-Specific Terms.
GF or we: The legal entity defined in the Service-Specific Terms or in the Order Form.
Service-Specific Terms: Terms that apply specifically to a particular Digital Service provided by us.
Version: 24-12-17
1.1 You, as the customer or user of the Digital Services are entering into these Digital Service Terms with GF.
1.2 By accessing or using the Digital Services, or executing an Order Form, you agree to be bound by these Digital Service Terms.
2 Access and Use
2.1 Subject to your compliance with the terms of the Agreement, you are granted a non-exclusive, non-transferable right to access and use our Digital Services solely for the purposes outlined in the Agreement.
2.2 You must ensure that your device meets the necessary specifications and requirements to run our Digital Services, including any updates that may be released. It is your responsibility to maintain your device's compatibility to ensure uninterrupted access and functionality.
2.3 You must offer all the cooperation and assistance we may reasonably ask for to enforce our rights and fulfil our obligations under the Agreement.
3 Acceptable Use and Cyber Security
3.1 You agree to use our Digital Services responsibly and in compliance with all applicable laws, regulations, and the Agreement. You shall not use the Digital Services for any unlawful, abusive, or malicious activities, nor attempt to compromise the integrity or security of our systems or the systems of other users.
3.2 You must take precautions to protect your account information, devices and systems against unauthorized access, viruses, and other cyber threats that could affect the security or functionality of our Digital Services.
3.3 You may not reverse engineer, disassemble or decompile, or otherwise attempt to derive the Digital Services, in whole or in part, unless specifically allowed by the applicable law.
3.4 You agree not to interfere with the normal functioning of our Digital Services, nor attempt to circumvent any security measures we have implemented to protect our systems.
3.5 You are responsible for all activities that occur under your account, regardless of whether these activities are undertaken by you, your employees or a third party, unless the activities are caused by our breach of these Terms. You must contact us immediately if you believe an unauthorized third party may be using your account or if your account information is lost or stolen. We will contact you by email regarding the provisions of Digital Services and changes to the Digital Services or this Agreement.
4 Changes
4.1 We reserve the right to make changes to these Digital Service Terms from time to time to reflect operational, legal, or regulatory changes. We aim to communicate any material changes to you at least 30 days prior to their effective date.
4.2 If you do not agree to the changes, you may terminate your use of the Digital Services before the changes become effective, following the termination procedure outlined in Section 6.
4.3 By continuing to use or access the Digital Services, you are deemed to accept any modifications made to these Digital Service Terms.
4.4 We reserve the right to update, modify, or enhance the Digital Services from time to time as we deem appropriate. However, we do not guarantee that any such updates, modifications, or enhancements will be made, nor that they will be made available within any specific timeframe.
5 Termination and Phase-Out
5.1 You may terminate your subscription to our Digital Services by providing us with 30 days' written notice unless otherwise agreed in the Order Form or the Service-Specific Terms.
5.2 We may terminate or phase out the provision of the Digital Services by providing you with 30 days' written notice.
5.3 We may terminate the Agreement with a written notice effective immediately if you:
a) neglect to pay any amount owed more than 14 days past the due date,
b) materially breach the Agreement, and such breach either (i) cannot be remedied, or (ii) though it is remediable, remains unrectified for more than 14 days after you have received written notice of the breach,
c) violate any applicable laws in the access to or use of the Digital Services,
d) become the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors, or an administrator is appointed over any of your business or assets or
e) you have not used the services for more than 12 months.
5.4 Upon termination, you must cease using the Digital Services and uninstall or delete any related software or content.
6 Data Sharing
6.1 We may collect, access, or receive data from connected devices for the purpose of providing, maintaining, or improving the Digital Services or developing our other services and share de-identified and aggregated data with third parties for these purposes.
7 Privacy
7.1 Our privacy practices, including how we collect, use, and share personal data, are described in the Privacy Statement referred to in the Service-Specific Terms.
8 Intellectual Property Rights (IPR)
8.1 We and our licensors retain all intellectual property rights in the Digital Services, including but not limited to software, content, and documentation provided as part of the services.
8.2 If you provide any ideas, suggestions, or feedback ("Feedback") to us regarding our Digital Services, you hereby assign all rights, title, and interest in and to the Feedback to us. You agree that we shall be entitled to use, modify, and exploit the Feedback without restriction and without any obligation to provide you with any compensation or acknowledgment.
9 Indemnities
9.1 We will indemnify you against any claims, damages, or costs arising out of any third-party claim that your use of the Digital Services, as provided and authorized under these terms, infringes on their intellectual property rights in the, provided that you: (i) promptly notify us of such claims, (ii) allow us to control the defense and settlement of the claim, and (iii) provide reasonable assistance in defending the claim. The indemnities do not apply if the claim arises from:
a) third-party materials or data inputted by you,
b) modification of the Digital Services other than: (i) by our behalf, or (ii) with our written approval in accordance any accompanying specifications,
c) failure to timely implement any updates or other modifications made available to you, or
d) your use of the Digital Services in breach of the terms of the Agreement,
9.2 You will indemnify us against any claims, damages, or costs arising out of any third-party claim relating in any way to any violation of your obligations set out in Section 3 or 11.
10 Limitation of Liability
10.1 The Digital Services are provided on an "as is" basis. We make no warranties or representations, either express or implied, regarding the suitability, reliability, availability, or accuracy of the Digital Services. For the avoidance of doubt, we do not warrant that the Digital Services will be error free nor that any errors will be corrected.
10.2 To the fullest extent permitted by law, our liability for damages arising out of or in connection with your use of the Digital Services is limited to direct damages and shall not exceed the fees you have paid for the services over the preceding twelve months, or 50 CHF, whichever is greater.
10.3 We are not liable for any indirect, incidental, or consequential damages, including but not limited to loss of profit, data loss, or business interruption.
10.4 We are not liable for any damages caused by software provided by third parties.
11 Export Control
11.1 You agree to comply with all applicable export control, embargoes and trade sanctions laws and regulations in connection with your use of the Digital Services, including those of the United Nations, Switzerland, the European Union and its member states, and the United States.
11.2 You represent and warrant that you are not located in, under the control of, or a national or resident of any country or territory that is subject to trade sanctions or comprehensive embargoes, and that you are not a prohibited end-user under applicable export control laws.
11.3 You shall not use, export, re-export, transfer, or disclose any part of the Digital Services in violation of applicable export control laws and regulations.
12 Governing Law and Dispute Resolution
12.1 This Agreement shall be governed by and construed in accordance with the applicable laws of the country GF has its registered seat in. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
12.2 Any dispute arising out of or in connection with this Agreement shall be subject to the jurisdiction of the courts of GF’s registered seat.
12.3 Notwithstanding the foregoing, nothing in this Agreement shall limit the GF’s rights to seek interim injunctive relief in any court of law.
4 Force Majeure
We shall not be liable for any failure or delay in performing our obligations under these terms due to circumstances beyond our reasonable control, including but not limited to acts of nature, government restrictions, strikes, or other events of force majeure.
14 Miscellaneous
14.1 If any provision of these terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
14.2 These Digital Service Terms, together with the Service-Specific Terms and Order Form, represent the entire agreement between us regarding your use of our Digital Services. In case of conflict the order following order of precedence shall apply: 1) Order Form, 2) Service-Specific Terms, 3) Digital Service Terms.
15 EU / EEA Specific terms
15.1 This section 15 applies to you only if you are located in the EU or the EEA.
15.2 Applicable as of 12 September 2025: In accordance with the EU Data Act, you have the right to request access to the data generated by your Connected Devices. We will make the relevant data available to you in a structured, commonly used, and machine-readable format within a reasonable time. The data will be available 30 days after the termination of the agreement, after which it will be deleted.
15.3 As of 12 September 2025: Upon your request, in accordance with the EU Data Act, we will also share data generated by your Connected Devices with a third party of your choice, provided that the request is lawful, feasible, and the third party meets reasonable security and privacy standards.
As a limited exception to section 12, if you are a consumer and a resident in the European Union or the EEA, the laws of the member state in which you are the resident shall govern this Agreement, as well as any disputes potentially arising in connection with it. The courts of the consumer user's place of residence shall have non-exclusive jurisdiction over any such dispute. Consumer users in the European Union and EEA may also bring any such dispute before a local consumer dispute resolution body.
16 Definitions
Agreement: These Digital Service Terms, the Service-Specific Terms, and the Order Form.
Connected Devices: Devices that are capable of transmitting data to and receiving data from our Digital Services.
Digital Services: Services provided by us that involve digital components, such as software, cloud-based platforms, or connected device functionality.
EU Data Act: Regulation (EU) 2023/2854 of the European Parliament and of the Council of 13 December 2023 on harmonised rules on fair access to and use of data and amending Regulation (EU) 2017/2394 and Directive (EU) 2020/1828 (Data Act)
Force Majeure: Events or circumstances beyond our reasonable control that prevent ordelay the performance of our obligations, including but not limited to natural disasters, government actions, and labor strikes.
Intellectual Property Rights or IPR: Copyright, design rights, patents, trademarks, trade secrets, utility models and other forms of intellectual property rights, whether registered or not.
Order Form: The document through which you subscribe to Digital Services, specifying the scope, fees, and any other terms of the subscription.
Privacy Statement: The document outlining our practices regarding the collection, use, and sharing of personal data linked to in the Service-Specific Terms.
GF or we: The legal entity defined in the Service-Specific Terms or in the Order Form.
Service-Specific Terms: Terms that apply specifically to a particular Digital Service provided by us.
Version: 24-12-17