Terms and Conditions

1. Scope

These Terms and Conditions ("Terms") govern the contractual relationship between

Nexana GmbH
Gewerbestrasse 10
6330 Cham
Switzerland

hereinafter "Kernas" or the "Provider", and the customers of the Kernas software platform.

The offering is primarily aimed at businesses, sole proprietors, associations, organisations and public-law entities.

By registering or entering into a paid subscription, the customer accepts these Terms.

2. Services provided by Kernas

Kernas provides cloud-based software for managing operational objects, inspections, maintenance, documents, people, contracts and other operational information.

The specific scope of features depends on the selected plan and the activated modules.

Kernas may develop, add to or change features, provided that the essential functions of the booked offering are not materially impaired as a result.

3. Registration and user accounts

The customer is responsible for the accuracy of the information provided and for the secure use of their user accounts.

Access credentials must not be shared with unauthorised third parties. The customer must notify Kernas without delay if they suspect misuse of their user account.

The customer is responsible for all users they create as well as for their permissions.

4. Support and consulting services

Regular Kernas support is free of charge for customers.

Free support includes in particular assistance with technical issues, software errors, and questions about the operation and use of Kernas's existing features.

Support may be provided in writing or by phone, depending on the contact channel offered. Phone support is available in German and English only.

Free support does not include, in particular, individual consulting and project services such as:

• individual process or organisational consulting;
• extensive support with initial setup;
• data preparation or data migration;
• individual training or workshops;
• customer-specific concepts or analyses;
• extensive configuration work;
• other services that go beyond the usual support for using Kernas.

Unless otherwise agreed, such consulting services are billed at CHF 210 per hour, excluding VAT.

Consulting services are offered in German and English only.

Paid consulting services are only provided following a corresponding agreement with the customer.

Custom software development, interfaces or larger project work may be offered separately and agreed on different terms.

Free support does not give rise to any entitlement to specific response or resolution times unless a separate service level agreement has been explicitly concluded.

5. Trial period, pricing and payment

Kernas may offer a free trial period, currently 14 days.

After the trial period ends, continued use of paid features requires a corresponding subscription.

The prices shown on the website at the time the contract is concluded apply. Unless stated otherwise, prices are exclusive of legally owed taxes.

Billing occurs according to the selected monthly or annual billing period via the offered payment methods.

Additional consulting, development or project services are billed separately.

6. Contract term and termination

Paid subscriptions run for the selected billing period and automatically renew for a further period of the same length unless terminated before expiry.

Termination may be declared via the user account or to Kernas directly.

Fees already paid for a billing period that has started are generally not refunded, unless required otherwise by law.

7. Availability

Kernas strives for high availability and reliable operation of the platform.

Uninterrupted or error-free availability at all times cannot be guaranteed. In particular, maintenance work, security updates, disruptions at internet or infrastructure providers, and events beyond Kernas's control may lead to limitations.

Planned major maintenance work is announced in advance where possible.

8. Customer data

Data entered or uploaded by the customer into Kernas remains the customer's data.

The customer is responsible for ensuring they are authorised to collect and process this data and that the use of Kernas complies with the legal requirements applicable to them.

Kernas processes customer data generally only to the extent required for the provision, safeguarding and further development of the agreed services.

Insofar as Kernas processes personal data on behalf of the customer, the provisions of the data processing agreement apply in addition.

After the contract ends, customer data may be deleted, provided no statutory retention obligations prevent this. It is the customer's responsibility to export any data they need before the contract ends.

9. Inspection obligations, deadlines and AI features

Kernas helps customers organise inspections, maintenance, deadlines, and legal or operational obligations.

Suggestions, deadlines, obligations, AI-generated content or notices provided by Kernas are for support purposes only and do not constitute legal, safety or professional advice.

The customer remains responsible for determining, reviewing and complying with the legal and technical requirements as well as inspection and maintenance intervals applicable to their operations.

This applies in particular also where Kernas automatically derives recommendations or information from documents or other data.

10. Rights to the software

All rights to Kernas, in particular to the software, user interfaces, data models, trademarks, texts and other content of the platform, remain with Nexana GmbH or the respective rights holders.

For the duration of the contract, the customer receives a non-exclusive, non-transferable right to use the booked features.

Copying, reselling, reverse engineering or other unauthorised exploitation of the software is prohibited insofar as legally permissible.

11. Liability

Kernas is liable without limitation for damages caused intentionally or through gross negligence, as well as in cases of mandatory statutory liability.

Insofar as legally permissible, liability for slight negligence as well as for indirect damages, consequential damages, loss of profit, production downtime or other indirect financial losses is excluded.

Insofar as liability exists and a limitation is legally permissible, it is limited to the fees paid by the customer concerned to Kernas during the twelve months preceding the event giving rise to the damage.

12. Suspension

Kernas may temporarily restrict or suspend access if

• there is a material breach of these Terms;
• amounts due are not paid despite a reminder;
• the security of the platform or other users is at risk; or
• Kernas is used unlawfully.

13. Changes to these Terms

Kernas may amend these Terms where objective reasons such as legal changes, new features or changes to the business model make this necessary.

Customers will be notified of material changes in a suitable manner.

14. Final provisions

Should any provision of these Terms be or become invalid or unenforceable, the remaining provisions shall remain unaffected.

Swiss law applies, excluding the UN Convention on Contracts for the International Sale of Goods and, insofar as permissible, international conflict-of-law rules.

The exclusive place of jurisdiction is, insofar as legally permissible, the registered seat of Nexana GmbH.