Terms and conditions

These terms apply to the use of Fristo. Your contracting party is Hoang Nguyen, Hohfurristrasse 24, 8408 Winterthur (sole proprietorship; the formation of Fristo GmbH is planned).

Fristo is intended exclusively for businesses, not for consumers. Whoever opens an account confirms that they are acting on behalf of a business. Anyone who claims to be a business without being one cannot invoke consumer law against us; we may close such an account.

The following order of precedence applies: an individual contract (subscription agreement, Enterprise agreement), the data processing agreement, these terms and conditions, the terms of use. The customer’s terms and conditions do not apply, even if we do not object to them.

By opening an account, in the course of which you accept these terms. Whoever opens an account for a business warrants that they are entitled to do so.

One building with up to 100 active assets is permanently free of charge — with no time limit, no trial period and no payment details — as long as your business does not exceed one building and 100 active assets. We will not change this commitment to your disadvantage, not even under § 12. Additional services are not part of the software and are charged at their own stated prices.

We only terminate a free account if it breaches these terms, if no one has signed in for 24 months — after an announcement giving 60 days’ notice — or if we discontinue Fristo as a whole; we announce this six months in advance.

A paid subscription only starts when you expressly choose one. You can try paid plans for 30 days without payment details. If you do not take out a subscription, your business then falls back to the free plan: buildings beyond the first are deactivated, not deleted, and assets above the quota remain usable; new ones can only be added with a plan.

Fristo is software for managing buildings, assets, work orders and inspection deadlines, provided over the internet. Its scope depends on the plan you choose. We keep developing Fristo; we do not remove existing features without prior notice. We may have parts of the service performed by service providers.

Fristo reminds you of deadlines; it does not give legal advice. Every template names its legal basis and its source, and it only creates dates once you have confirmed that it applies to your business. Whether a regulation applies to your asset, what interval the competent body requires and who may inspect is not decided by Fristo. Responsibility for compliance stays with the business.

We maintain the templates with care, but give no warranty as to their completeness, accuracy or currency. Regulations change, and we reflect changes with a delay; this applies in particular to templates outside Switzerland.

What Fristo reads from documents or floor plans is a proposal. You check it before saving; after that it counts as information provided by you.

Correct information about your business and your assets — a deadline can only be as good as the building it hangs on. Care with your employees’ access. And a notification when someone leaves the business: you deactivate accounts yourself, under Administration.

You ensure that the persons to whom you give access — employees, external contractors — comply with the terms of use, and you are answerable for them. You hold the necessary rights to the content you upload — photos, documents, plans.

The prices in the price list apply: for the plan and for the asset packs that your portfolio needs above the plan’s quota, in the cheapest combination. Prices are in Swiss francs; amounts in other currencies are a conversion for guidance.

For customers in Switzerland, VAT is added. We do not charge Swiss VAT to customers outside Switzerland; they themselves owe the tax in their country (reverse charge), and we may require their VAT number for this purpose.

Billing is monthly or yearly in advance, by card or by QR invoice. QR invoices are available to companies based in Switzerland with a valid UID number; we check it in the federal UID register. We may refuse QR invoicing or withdraw it for future invoices, in particular after repeated late payment — you then pay by card. Invoices are payable within 30 days unless the invoice states a different period. After that, you are in default without a formal reminder and owe default interest of 5% (Art. 104 CO). We send reminders; 60 days after the due date, we may block the creation of new buildings and users. Reading, records and export always remain possible.

You may set off against our claims only claims that are undisputed or have been established by a final and binding decision. If you charge back a card payment without a legitimate reason instead of requesting a refund from us, we will invoice you for the fees this incurs.

We announce price increases at least 30 days in advance. They apply from the next billing period, and you may cancel before they take effect. Reductions apply immediately.

A subscription runs indefinitely and is renewed in each case for the chosen billing period. You can cancel at any time effective at the end of the current billing period — in the application, with no reason and no form to fill in.

We may terminate a subscription with three months’ notice effective at the end of a billing period; we refund pro rata anything paid in advance for the period thereafter. We end the free plan only for the reasons in § 2. For good cause — in particular default in payment despite a reminder or a serious breach of the terms of use — either party may terminate with immediate effect.

After the end, your data remains available read-only for at least 30 days so that you can export all of it; we tell you the exact period upon cancellation. After that we delete it.

Customers in the EU may, under the EU Data Act, also switch to another provider during a current billing period: with a notice period of at most two months, followed by at most 30 days during which Fristo continues to run and the complete export is available. We refund pro rata anything paid in advance for the period after the switch.

What you record in Fristo remains yours. You can export all of it at any time — including after the end, as long as the period under § 7 is running.

Insofar as we process personal data in doing so, we do so on your behalf and on your instructions. The details are governed by the data processing agreement; it forms part of these terms and fulfils Art. 9 FADP and Art. 28 GDPR.

For the term of the contract you receive the non-exclusive, non-transferable right to use Fristo for your business. The software itself remains ours. Not permitted are: reselling or renting out access, reverse engineering the software, automated harvesting of content — in particular of the inspection library — and any use that disrupts the service for others or breaks the law.

We may use ideas and suggestions you send us freely and without remuneration.

We run Fristo with care, but cannot guarantee uninterrupted availability. We announce maintenance where possible and schedule it in off-peak hours. We give no commitment to a specific availability in per cent — we would rather promise nothing we do not measure and evidence.

We are not liable for outages due to causes beyond our control — disruptions to the network, power or data centres of third parties, attacks, orders by authorities.

(1) We are liable without limitation for damage we cause intentionally or through gross negligence.

(2) For slight negligence we are liable only for direct damage, and at most up to the amount you paid us in the twelve months before the event causing the damage. On the free plan, liability for slight negligence is excluded.

(3) To the extent permitted by law, we are not liable for indirect and consequential damage, in particular lost profit, business interruption, fines and administrative sanctions, third-party claims and the loss of data beyond the last backup.

(4) Liability for auxiliaries and service providers we engage — hosting, network, email delivery, payment processing, language model — is excluded to the extent permitted by law (Art. 101(2) CO). Excepted are the obligations of our sub-processors under the data processing agreement: for these we are answerable as for our own conduct, within the limits of paragraphs (2) and (3).

(5) Fristo reminds; the duty remains with the business. We are not liable for the consequences of an inspection, maintenance or repair that was not carried out, or not carried out in time — not even if a reminder was not sent or a template was incomplete, outdated or incorrect — except in the case of intent or gross negligence. The overview of dates in the application is authoritative. Emails and notifications are an additional aid, for whose delivery we are not answerable.

(6) You indemnify us against third-party claims based on a duty your business failed to fulfil, on your content or on use contrary to these terms.

(7) For personal injury that we ourselves directly cause, the limitations in paragraphs (2) and (3) do not apply. This is without prejudice to paragraph (5).

We announce changes at least 30 days in advance, in text form — by email to the administrators or in the application. If you do not agree, you can cancel before they take effect. Silence counts as agreement — we point this out expressly in the announcement. Changes that operate solely in your favour or that are required by law apply immediately. We will not change the commitment regarding the free plan in § 2 to your disadvantage.

If a provision is invalid, the remaining provisions stay valid; it is replaced by what comes closest to what was intended. You may transfer rights under this contract only with our consent; we may transfer the contract to a company that continues our business — in particular to Fristo GmbH once it has been formed. Amendments and additions require written form or an email.

These terms are available in several languages. The German version is binding; the others are translations for your information.

Swiss law applies, excluding the Vienna Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction is Winterthur. We may also bring proceedings against you at your registered office.

Both parties treat as confidential any non-public information they learn about the other — including after the end of the contract. We impose equivalent obligations on the service providers we engage.

Add-on modules extend Fristo with a specialist area of its own, such as medical technology for hospitals and care homes. No plan includes a module; each costs the same on every plan, as a flat monthly fee according to the price list, and § 6 applies. On a yearly subscription, a module costs the yearly price in advance from the renewal; months added during the term are charged at the monthly price at the end of the term.

You can try each module once for 30 days without payment details; we remind you before the trial ends. After that it continues and is charged if your business has a paid subscription — otherwise it ends by itself.

You book and cancel a module in the application. Once cancelled, it ends at the end of the trial during the trial, otherwise at the end of the month; what has been paid for on a yearly subscription runs until the end of the term. If the subscription ends, the modules end too.

When a module ends, we hide it but delete nothing in it; if you book it again, everything is back. The data is only deleted together with the rest of your business’s data (§ 7).

For the medical technology module, the following also applies: Fristo keeps records of devices, trainings and incidents and shows reporting deadlines, but does not itself report anything to authorities or manufacturers. Whether and by when an incident must be reported is decided by the business under the applicable regulations; the deadline shown is an aid. What Fristo outputs as a PDF for this arranges your information and is not an official form. § 4 and § 11(5) apply accordingly.

For the accounting interface module, the following also applies: Fristo suggests the account and VAT code and transfers supplier invoices when you trigger a transfer — as a file for Abacus or another accounting system, or as a draft in your Bexio. Booking takes place in your accounting: whether account, tax and cost centre are correct is checked and answered for by your business; Fristo does not replace a fiduciary or a tax adviser, and § 4 applies accordingly to the suggestions. Abacus and Bexio are services of your business, subject to their own terms; we do not warrant that they are available or keep their interfaces. You can disconnect Bexio at any time.

For the access & keys module, the following also applies: Fristo manages the master key plan, keys, pre-registrations of external companies and work permits, and shows who is working where and when. Whether a job requires a permit, a fire watch or further measures, and whether it is approved, is decided by your business in accordance with its own instructions, the requirements of its insurer and the applicable regulations; the suggestions and notes in Fristo are an aid and not legal advice, and § 4 applies accordingly. Fristo does not open any doors and does not control any locking system; a pass with a QR code shows the status of the registration and does not replace access control.

For the AI document capture module, the following also applies: Fristo uses a language model to read inspection reports that you upload or send to your business’s address, and suggests the completion, result and defects. What is read is a proposal; it only applies once a person in your business confirms it. Whether asset, date and result are correct is checked and answered for by your business; § 4 applies accordingly. The price includes a number of pages read per month (price list); beyond that, Fristo does not read any further in the current month.

For the planning & budget module, the following also applies: from the information provided by your business — year built, commissioning, values, budgets — and from service lives whose source it names, Fristo calculates when assets need to be replaced and what this will cost, and compares the budget with the recorded costs. These are planning aids, not an expert opinion on the condition of an asset and not financial or investment advice. Whether and when an asset is replaced and which budget applies is decided by your business; § 4 applies accordingly.

For the cleaning module, the following also applies: Fristo plans on the basis of the information on your rooms, records confirmations, feedback and spot checks, and uses them to calculate the specification of services, fulfilment and rate. What a cleaning company owes is determined by your contract with it; Fristo is not a party to that contract and does not check whether a confirmed cleaning was actually and properly carried out. The specification of services and the record are a basis for tendering and for checking invoices, not a billing statement; the quality rate is an assessment based on your checklist, not a measurement according to a standard. It is you who hands a company its pass and revokes it; Fristo is not answerable for the company’s use of it. § 4 applies accordingly.

For the occupational safety module, the following also applies: Fristo manages risk assessments, measures, accidents and first aid cases, a hazardous substances register and safety briefings, and uses them to calculate risk, deadlines and due dates. Whether your assessment is complete and correct and which measures are sufficient is decided by your business in accordance with the applicable regulations and the instructions of authorities and the accident insurer; the risk matrix, the suggestions and notes in Fristo are an aid and not legal advice, and § 4 applies accordingly. Fristo does not report accidents to insurers or authorities. Health data on accidents can only be seen by the accounts you authorise for this; your business is responsible for choosing these accounts and for the retention period. You record safety data sheets and hazard statements yourself; Fristo does not check them for accuracy or currency.

For the test instruments module, the following also applies: Fristo reads export files from your test instruments according to the profile your business sets up, assigns the measurements to your assets and compares the readings with limit values under the relevant standards. What Fristo suggests — device, result, defects — only applies once a person in your business confirms it. Fristo replaces neither the verdict of the test instrument nor that of the qualified electrician carrying out the test; whether a device may be used safely is checked and answered for by your business. The templates for files from particular manufacturers are aids, with no guarantee that the manufacturers’ software will keep its format. § 4 applies accordingly.