Terms and Conditions

1. Purpose and scope of these General Terms and Conditions

1.1. These General Terms and Conditions (hereinafter: “Software Terms and Conditions”) form an integral part of the contractual relationship between walkingtoyou GmbH, Obsthaldenstrasse 187, CH 8046 Zurich, mail@walkingtoyou.com, (hereinafter: walkingtoyou), and the customer, insofar as they relate to one or more of the following matters:

1.1.1. Licences for the blue. software (see section 5 below)
1.1.2. Support for the blue. software. (see section 8 below)
1.1.3. customised developments based on the blue. software (see sections 3.2 and 17 et seq.) The General Terms and Conditions of walkingtoweb GmbH apply to contractual relationships relating to hosting services.

1.2. The Software Terms and Conditions are divided into
• general provisions which apply to all contractual relationships within the meaning of clause 1.1 above, and in
• additional provisions which apply in addition to those set out in clause 1.1.3 above in the case of customer-specific developments.

1.3. The customer’s general terms and conditions are expressly excluded.

1.4. Any deviating agreements shall only be valid if they are expressly incorporated into the contract. In the event of any conflict between the contract and the Software Terms and Conditions, the provisions of the contract shall take precedence.

2. Conclusion of the contract

2.1. The quotes on the website www.walkingtoyou.com, operated by walkingtoyou, including those generated using the licence calculator integrated into the website, are non-binding. Customers who request a quote by email, telephone, in writing or via the form on the website are also making a non-binding offer.

2.2. walkingtoyou submits a binding offer by providing a specific quotation based on the information provided by the customer. If the customer accepts this offer, which incorporates these Software Terms and Conditions, the contract is concluded. Failure by the customer to respond to the offer shall be deemed a rejection.

2.3. The customer has the option of downloading a demo version of the desired software from the website before requesting a specific quotation. In this case too, the customer must accept these Software Terms and Conditions before downloading. The customer will then receive a provisional licence code, which allows them to test the software free of charge for 30 days. If the customer subsequently requests a specific quotation, the conclusion of the contract shall be governed by clauses 2.1 and 2.2. If no contract is concluded after the trial period has expired, the customer’s right of use shall end upon expiry of the 30 days.

3. Subject matter of the contract

3.1. The blue. products presented on the website www.walkingtoyou.com are standard software. Upon conclusion of the contract and receipt of the licence fee, the customer shall receive a licence as defined in clause 5 and shall be entitled to the support services ordered in the specific case.

3.2. If the customer requests specific customisations to the blue. software, they will be provided with a corresponding quotation that sets out in detail the customisations to be carried out, based on the information provided by the customer. The conclusion of the contract is governed by clauses 2.1 and 2.2; in addition, the provisions under section B of these General Terms and Conditions for Software shall apply.

4. Training courses

walkingtoyou offers training courses tailored to the specific needs of the client. These services are subject to a separate charge and are quoted on a case-by-case basis.

5. Nature and scope of the customer’s right of use (licence)

5.1. Right to use in accordance with the contract By granting the right of use, the customer is granted the non-exclusive, perpetual (except as provided for in clause 2.3), geographically unrestricted, non-transferable and non-sublicensable right to install a copy of the software covered by the contract on their computer and to use it in accordance with the contract. The licence code will be activated upon receipt of the licence fee. Use takes place through installation on a permanent storage device (hard drive) or in temporary storage (RAM) on the computer. This right of use applies both to the standard blue. software and to any customer-specific developments (see clause 17.3).

5.2. Scope of the licence
The licence applies to the number of concurrent users specified in the contract.

5.3. Right of reproduction
The customer is entitled to make a copy of the software covered by the contract for backup purposes. Furthermore, the customer is permitted to create a backup copy for the purpose of rapid recovery following a system failure, as well as to use that copy on a fallback system. Any further reproduction is not permitted.

5.4. Limitations on the right of use
Apart from the rights of use granted in these Terms and Conditions, the Customer shall have no other rights to the Software. In particular, the Customer is not entitled to modify, decompile or analyse the Software, or to have any of these actions carried out by third parties, although the right to decrypt the Software is reserved under Section 21 of the Copyright Act. In particular, the customer is also not entitled to remove any copyright notices and/or to develop derivative works based on the software. Furthermore, the customer is not entitled to sell the software to third parties or to make it available to them in any other way, whether for a fee or free of charge, on a temporary or permanent basis. The use of the software within the framework of Application Service Providing (ASP) or the provision of the software to third parties is not permitted.

6. Customer obligations

6.1. Payment of fees
The customer is obliged to pay the licence and support fees (see clause 7).

6.2. Hardware and operating system requirements
The customer undertakes to use the software solely in accordance with the technical specifications provided by walkingtyoyou.com. The current specifications regarding operating systems and hardware can be found at.

6.3. Backing up data and programmes
The customer is solely responsible for regularly backing up their data and programmes. walkingtoyou accepts no liability in this regard. In particular, no obligation on the part of walkingtoyou to provide backups may be inferred from any assistance provided by walkingtoyou during the installation of the server or from remote access set up for support purposes.

6.4. Use in accordance with the contract
The customer undertakes to use the software solely in accordance with the terms of the contract (see in particular clauses 5 and 6.2).

7. Payment and invoicing

7.1. The prices applicable are, in principle, those in force at the time the contract is concluded. Any conversion into foreign currencies is carried out at the exchange rate prevailing on the date the invoice is issued.

7.2. walkingtoyou expressly reserves the right to change prices. It will notify the customer of such changes with reasonable notice prior to their coming into effect. Should these changes result in additional costs for the customer, the customer is entitled to terminate the support contract early, effective from the date the price increase comes into effect. If no response is received from the customer by the time the changes come into effect, the increases shall be deemed to have been approved.

7.3. The fees are exclusive of VAT and any other taxes and duties. Invoices are issued annually, and the fees must be paid in full within 10 days of receipt of the invoice. Once the payment deadline has passed, the customer shall be in default without the need for a reminder.

7.4. In the event of non-payment or incomplete payment of the fees, walkingtoyou shall be entitled to terminate the contract without notice in accordance with clause 14.2.

8. Maintenance / Support

8.1. walkingtoyou offers a support and update programme for the standard blue. software. For the solutions specified in clause 8.3, this includes free updates for blue. Support for blue. depends on the version selected (see clauses 8.2 and 8.3). In addition, walkingtoyou also offers direct server support for FileMaker Server. Support is not provided for training purposes (see clause 4). Maintenance is provided for the current version of the blue. software.

8.2. The licence fee includes basic support for the standard blue software. This service comprises support via email on working days.

8.3. The customer has the option of ordering additional support services (including via remote access, subject to the customer’s consent) for a separate fee in accordance with the rates published on the website at the time of ordering.

8.4. Under no circumstances will support be provided for matters not relating to the software covered by the contract.

9. Intellectual property

9.1. All rights to the blue. software and the user documentation are vested in walkingtoyou. The customer is granted only a right of use within the meaning of clause 5.9.2. If the customer requests specific adaptations to the standard software for their own purposes, the copyright in such adaptations shall also remain with walkingtoyou (see also clause 17.3.). The customer is granted a right of use in such adaptations within the meaning of clause 5.

10. Secrecy / Confidentiality

Unless otherwise expressly agreed, the customer undertakes to treat as confidential any information received from or via walkingtoyou that is not in the public domain.

11. Data protection

11.1. The parties undertake to comply with the provisions of Swiss data protection legislation.

11.2. The customer bears sole responsibility for ensuring that their data is processed in accordance with data protection regulations and, in particular, for the lawfulness of any remote access that may form part of the support contract.

12. Warranty

12.1. walkingtoyou warrants that, when used correctly by the customer, the blue. software will perform the functions specified in the user documentation. Clause 12.4 remains expressly reserved. The warranty period is one year.

12.2. Notice of defect
If defects in the blue. software arise during the warranty period, these must be reported in writing (email is sufficient) and documented within 10 days of their first occurrence. If the reporting deadline is not met, walkingtoyou’s warranty shall lapse and the software shall be deemed to have been accepted.

12.3. Rights in respect of defects
Defects reported in a timely and clear manner will be rectified by walkingtoyou through rectification. walkingtoyou.com is free to rectify defects as part of an update. If the update is carried out within one month of receipt of the notification of defects, the defect shall be deemed to have been rectified in good time. If the defect cannot be rectified even after repeated rectification attempts, the customer shall be entitled to withdraw from the contract. From this point onwards, they shall no longer be entitled to use the software. In return, the fees already paid will be refunded, subject to a deduction of compensation payable to walkingtoyou for the use of the blue. software up to the point of withdrawal. Further warranty claims by the customer (in particular the right to a reduction in price and to compensation for damages) are excluded.

12.4. Exclusion of warranty
walkingtoyou accepts no liability for defects attributable to circumstances for which it is not responsible and/or over which it has no control (including the disruption of blue. functions due to system-level updates carried out by the customer). The warranty is excluded in particular for defects attributable to incorrect or unauthorised use of the software (see in particular clauses 5, 6.2 and 6.4) by the customer, to errors in the customer’s operating system, to errors in third-party products or to force majeure.

13. Liability

13.1. walkingtoyou shall be liable for any direct or immediate losses suffered by the licensee up to a maximum of the total fees paid during the term of the contract, provided that such losses were caused by walkingtoyou through wilful misconduct or gross negligence.

13.2. Liability for slight negligence and liability for agents is excluded to the extent permitted by law.

13.3. walkingtoyou accepts no liability for indirect or consequential damages, such as loss of profit, loss of data, damage to image or reputation, or data corruption, nor for claims by third parties, for example arising from the customer’s failure to fulfil their contractual obligations. Furthermore, walkingtoyou shall not be liable if the damage is wholly or partly attributable to the customer’s conduct, in particular if the customer has failed to fulfil their duty to mitigate loss and/or their contractual obligations.

13.4. All disclaimers apply to both contractual and non-contractual claims.

14. Term and termination of the contract

14.1. The support contract is valid for one year from the date the licence code is activated. It is automatically renewed for a further year unless either party gives one month’s written notice of termination prior to the end of the contract term.

14.2. Both parties are entitled to terminate any support contract without notice for good cause. Good cause includes, in particular but not exclusively, the following:
• Unauthorised use of the software by the customer (see clauses 5 and 6)
• Non-payment of support fees (clauses 6.1 and 7.4).In the latter case, extraordinary termination is only possible if payment is not made within ten days of receipt of the first written reminder.

15. Amendments to the contract, partial invalidity and assignment

15.1. Any amendments or additions to the licence and/or support agreement must be made in writing.

15.2. Should any individual provisions of the contract and/or the Software Terms and Conditions be or become invalid or incomplete, this shall not affect the validity of the contract. In such cases, the provision in question shall be replaced by a valid provision, or the gap shall be filled by a provision that most closely corresponds to the original economic purpose.

15.3. The Customer may only assign the licence and/or support agreement, or individual rights and obligations contained therein, to third parties with the prior written consent of walkingtoyou. Should walkingtoyou be sold and/or transferred in whole or in part to another company, the contractual relationship shall be transferred to the legal successor. In such a case, the customer shall not be entitled to an extraordinary right of termination within the meaning of clause 14.2.

16. Governing law and jurisdiction

16.1. Swiss law shall apply exclusively. The provisions of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (Vienna Sales Convention) are excluded.

16.2. The place of jurisdiction is Zurich. We reserve the right to invoke mandatory places of jurisdiction.

ADDITIONAL PROVISIONS FOR SERVICES OF A CONTRACT-FOR-WORK NATURE (CUSTOMISED DEVELOPMENTS)

17. Subject matter and rights

17.1. If the customer requests specific customisations to the blue. software tailored to their specific needs, as referred to in clause 3.2 above, walkingtoyou will provide a separate quotation for this and for any support required for these developments. The conclusion of the contract is governed by clause 2 above.

17.2. The scope of the obligation to perform is determined by the individual contract, which, in the event of any inconsistencies, takes precedence over the provisions in the General Terms and Conditions for Software.

17.3. All rights to customised developments shall remain with walkingtoyou (see clause 9.2). walkingtoyou shall in any event be entitled to further develop or modify the services covered by the contract, to provide the same or similar services to third parties, and to incorporate the services into its own standard software and make them available to its customers.

17.4.Under no circumstances shall support for customised developments be deemed to be included in the support provided for the standard blue. software.

18. The customer’s obligations to cooperate

The customer is obliged to provide walkingtoyou with all information and/or data necessary and useful for the performance of the contract, in full and in a timely manner, so that walkingtoyou can deliver the services correctly and on time. Should the customer fail to fulfil these obligations, any delays and/or additional costs incurred in the project shall be borne by the customer.

19. Changes to services

19.1. Either party may at any time request in writing an amendment to the original terms of the contract in accordance with clause 17.1.

19.2. If the customer requests a change to the service, walkingtoyou will inform them within 10 days of the implications of the requested change on the agreed schedule and costs. It will then provide the customer with a supplementary or new quotation accordingly. If the customer accepts this quotation, it shall form part of the contract from the date of acceptance. If the customer rejects the quotation or fails to respond to the new quotation within 10 days, the existing contract remains in force and walkingtoyou shall continue the work accordingly.

19.3. Unless otherwise agreed in individual cases, walkingtoyou will continue to carry out the work whilst the request for a change in services is being processed, in accordance with the original agreement.

20. Acceptance

20.1. The responsibility for the acceptance testing, which is intended to verify that the individual software functions correctly, lies with the customer. This includes, in particular, the provision of any necessary test data. walkingtouyou is obliged to cooperate.

20.2. The parties are free to agree on partial acceptance in the contract or at a later date. Should the final acceptance fail, this shall not affect any successful partial acceptances that have taken place previously.

20.3. The date for acceptance shall be specified in the contract or agreed upon at a later date. The same applies to the acceptance criteria. If walkingtoyou indicates that the software is ready for acceptance, the customer is obliged to carry out the acceptance within one month. If this period expires without the customer having provided valid reasons for postponing the acceptance before the deadline, the software shall be deemed to have been accepted. The productive use of the software shall be deemed acceptance. The obligation to remedy defects in accordance with clause 20.5 remains reserved.

20.4. The customer may only refuse acceptance if the software has serious defects that render it unusable or impair its functionality to an extent that is unreasonable. In such cases, a new acceptance date will be agreed.

20.5. If the defects are not considered serious within the meaning of clause 20.4, the work shall be deemed to have been accepted. However, walkingtoyou must remedy any remaining defects free of charge within a reasonable period of time.

21. Warranty

21.1. walkingtoyou guarantees that, when used correctly by the customer, the software covered by the contract will perform as promised. The warranty period is one year.

21.2. Notice of defect
If defects arise during the warranty period, they must be reported in writing (email is sufficient) and documented within 10 days of their first occurrence. If the reporting deadline is not met, walkingtoyou’s warranty shall lapse and the software shall be deemed to have been accepted.

21.3. Rights in respect of defects
Defects reported in a timely and clear manner will be rectified by walkingtoyou. Any further warranty claims by the customer (in particular the right to a price reduction and to compensation) are excluded..

21.4. Exclusion of warranty
walkingtoyou accepts no liability for defects attributable to circumstances for which it is not responsible and/or over which it has no control. The warranty is excluded in particular for defects attributable to unauthorised or incorrect use of the software (see in particular clauses 5, 6.2 and 6.4) by the customer, to errors in the customer’s operating system, to errors in third-party products or to force majeure.

May 2026