General Terms and Conditions (GTC) of bivy
Effective date: March 12, 2026
Note: These General Terms and Conditions are provided in German and English. In the event of any discrepancy between the two language versions, the German version shall prevail.
Section 1 — Scope of Application
1.1 These General Terms and Conditions (hereinafter "GTC") govern the contractual relationship between bivy, Switzerland (hereinafter "bivy" or "we"), and the users (hereinafter "User" or "you") of the SaaS platform bivy, accessible at bivy.ch.
1.2 By creating a user account or using the platform, you agree to be bound by these GTC. If you do not agree to these GTC, you are not permitted to use the platform.
1.3 Any deviating or conflicting terms of the User shall not be recognised unless bivy has expressly agreed to their applicability in writing.
1.4 These GTC are available in German and English. In the event of any discrepancy between the language versions, the German version shall prevail.
1.5 bivy reserves the right to amend these GTC in accordance with Section 15.
Section 2 — Subject of the Contract
2.1 bivy is a web-based Software-as-a-Service (SaaS) platform for the management of private construction projects ("Construction Project Cockpit"). The platform is designed primarily for private builders in Switzerland and the EU.
2.2 The platform includes, in particular, the following features:
a) Project overview with task management, decision tracking, contact management, and budget tracking;
b) Document and photo management;
c) AI-powered features, including: - Inspiration & Decision: AI-powered construction advice and decision support; - Email Extraction: Automatic task recognition from forwarded construction emails; - Construction Log (Bautagebuch): AI-assisted daily construction documentation;
d) Inbound email processing (forwarding emails to bivy for automatic task creation);
e) Site visit management.
2.3 The AI-powered features are assistive tools and do not constitute professional construction, legal, financial, or other specialist advice. Users should always consult a qualified professional for specialist advice. Further details are set out in Section 10.
2.4 bivy makes reasonable efforts to ensure high availability of the platform. However, 100% availability is not guaranteed. Further details are set out in Section 4.
2.5 The specific scope of services depends on the subscription plan selected by the User (free tier or paid tier) and the service descriptions published on bivy.ch at the time of contract conclusion.
Section 3 — Registration and User Account
3.1 Use of the platform requires the creation of a personal user account.
3.2 When registering, you must provide truthful and complete information. Any changes to your data must be updated in your user account without delay.
3.3 Each natural person may only create one user account. Use of the platform is restricted to natural persons who have reached the age of 16. Minors require the consent of a legal guardian.
3.4 You are solely responsible for maintaining the confidentiality of your login credentials (in particular your password). All activities carried out through your user account are attributable to you. If you suspect any unauthorised access, you must notify bivy immediately at hello@bivy.ch.
3.5 bivy is entitled to suspend or delete user accounts if there is a reasonable suspicion of a breach of these GTC or if the information provided is manifestly inaccurate.
Section 4 — Scope of Service and Availability
4.1 Free Tier: The free tier includes a limited scope of features as published on bivy.ch. bivy may adjust the scope of the free tier at any time.
4.2 Paid Tier: Paid subscriptions include enhanced features as published on bivy.ch and in accordance with the respective subscription plan.
4.3 bivy strives for high platform availability. Scheduled maintenance will be performed outside regular business hours (CET/CEST) wherever possible and, where foreseeable, announced with reasonable advance notice.
4.4 bivy shall not be liable for unavailability caused by force majeure (Section 14), maintenance, disruptions to third-party services (e.g. cloud infrastructure, payment processors), or circumstances beyond bivy's reasonable control.
4.5 bivy is entitled to develop and modify the platform's features (including adding, changing, or removing features) provided that this does not materially impair the core of the contractually owed service. Material changes will be announced with at least 30 days' notice.
4.6 bivy may temporarily restrict the platform in whole or in part where this is necessary for security reasons, technical requirements, or compliance with legal obligations.
Section 5 — Pricing and Payment
5.1 Use of the free tier is free of charge. Paid subscriptions are subject to the prices published on bivy.ch at the time of subscription.
5.2 Prices are stated in Swiss francs (CHF) inclusive of the applicable Swiss value added tax (VAT) at the current rate of 8.1%. For Users in the EU, prices are additionally displayed in euros (EUR) inclusive of the applicable VAT.
5.3 Billing occurs monthly or annually, depending on the selected subscription, in each case in advance. The billing period begins on the date the paid subscription is activated.
5.4 Payment processing is handled by the payment service provider Stripe (Stripe Payments Europe, Ltd.). Stripe's terms of service apply additionally. bivy does not store complete credit card data.
5.5 Paid subscriptions renew automatically for the selected billing period (monthly or annually) unless the subscription is cancelled before the end of the current period (Section 6).
5.6 bivy is entitled to change the prices for paid subscriptions. Price changes will be notified to Users by email at least 30 days before they take effect. The new prices apply from the next renewal period. If the User does not agree to the price change, the User may cancel the subscription before the new prices take effect in accordance with Section 6.
5.7 In the event of late payment, bivy is entitled to restrict or suspend access to paid features after a reasonable grace period of at least 14 days and written reminder. The obligation to pay the outstanding amount remains unaffected. bivy is entitled to charge default interest of 5% per annum in accordance with Art. 104 CO (Swiss Code of Obligations).
5.8 Refunds for billing periods that have already commenced are generally not provided, unless the User is entitled to extraordinary termination pursuant to Section 6.7 or a refund is required by law.
Section 6 — Term and Termination
6.1 The contract is concluded upon creation of a user account and applies for an indefinite term.
6.2 Free Tier: The contractual relationship for the free tier may be terminated by either party at any time, without stating reasons and without observing a notice period.
6.3 Paid Tier: Paid subscriptions may be terminated by either party effective at the end of the current billing period (monthly or annually). Cancellation must be made before the start of the next renewal period. After cancellation, paid features remain available until the end of the already paid-for period.
6.4 Cancellation by the User may be made: a) via the account settings on the platform (self-service); or b) by email to hello@bivy.ch.
6.5 Cancellation by bivy is made by email to the email address registered in the User's account.
6.6 Effects of Termination: Upon termination of the contractual relationship: a) access to paid features is deactivated; b) the User has 30 days from the date of termination to export their data; c) after the 30-day export period, all personal user data will be irreversibly deleted, except where a statutory retention obligation applies.
6.7 Extraordinary Termination: Either party is entitled to terminate the contractual relationship with immediate effect for good cause. Good cause exists in particular where: a) the other party fails to fulfil material contractual obligations despite written warning and a reasonable grace period; b) insolvency proceedings are commenced against the other party's assets or the opening of such proceedings is refused for lack of assets; c) the User violates statutory provisions or the rights of third parties and this creates an untenable situation for bivy; d) the User uses the platform for unlawful, fraudulent, or platform-damaging purposes.
6.8 In the event of extraordinary termination by the User due to a good cause attributable to bivy, the User is entitled to a pro rata refund of prepaid subscription fees for the remaining unused period.
Section 7 — Right of Withdrawal
7.1 Swiss Law
Under Swiss law, there is generally no statutory right of withdrawal for contracts concluded online. By creating a user account and activating a paid subscription, the contract is binding.
7.2 Right of Withdrawal for EU Consumers
If you are a consumer residing in the European Union, you have a statutory right of withdrawal pursuant to Directive 2011/83/EU.
Withdrawal Information:
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the date of the conclusion of the contract. To exercise your right of withdrawal, you must inform us
bivy Switzerland Email: hello@bivy.ch
of your decision to withdraw from this contract by means of a clear statement (e.g. by email). You may use the attached model withdrawal form (Annex) for this purpose, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of Withdrawal:
If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed of your decision to withdraw from this contract. We shall carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested that the provision of services begin during the withdrawal period, you shall pay us an amount proportional to the services provided up to the time you informed us of the exercise of your right of withdrawal, in comparison with the full scope of services provided for in the contract.
7.3 Exceptions to the Right of Withdrawal
The right of withdrawal shall expire for contracts for the supply of digital content which is not supplied on a tangible medium if performance has begun and the consumer:
a) has given prior express consent for performance to begin before the end of the withdrawal period; b) has acknowledged that they thereby lose their right of withdrawal; and c) bivy has provided the consumer with confirmation pursuant to Art. 7(2) or Art. 8(7) of Directive 2011/83/EU.
Section 8 — Usage Rights and Intellectual Property
8.1 User Content: The User retains full ownership of and all rights to content uploaded, entered, or created on the platform (hereinafter "User Content").
8.2 Licence to bivy: The User grants bivy a non-exclusive, non-transferable, revocable licence to process User Content to the extent necessary for the provision and improvement of the contractually owed service. This licence includes, in particular, the technical storage, processing, and display of content within the platform.
8.3 AI Processing: User Content submitted to AI features is processed in real time and is not used for training AI models. User Content is not shared with third parties for purposes other than those agreed under this contract (e.g. transmission to the AI infrastructure provider as part of the processing). All processing takes place within the EU (eu-central-1, Frankfurt). Further details are set out in Section 10.
8.4 bivy's Intellectual Property: The platform, including the software, design, texts, graphics, logos, the brand name "bivy", and all associated intellectual property rights, is owned by bivy or its licensors and is protected by copyright and trademark law.
8.5 Prohibited Actions: The User may not, in particular: a) decompile, reverse engineer, or attempt to extract the source code of the platform or parts thereof; b) systematically read (scrape) or make automated queries to the platform or its content, unless bivy has expressly authorised this; c) resell, sublicence, or make the platform or its features available to third parties for a fee; d) create derivative works based on the platform; e) circumvent or attempt to circumvent security measures, technical protection mechanisms, or access restrictions.
Section 9 — User Obligations
9.1 The User undertakes to use the platform exclusively in accordance with these GTC, applicable law, and accepted standards of conduct.
9.2 The User undertakes in particular: a) not to upload content that is unlawful, offensive, discriminatory, glorifying violence, pornographic, or otherwise objectionable; b) not to upload content that infringes the rights of third parties (in particular copyright, trademark, or personal rights); c) not to transmit malware, viruses, or other harmful code to the platform; d) not to perform automated access (bots, crawlers, scrapers) to the platform, unless expressly authorised by bivy; e) not to circumvent security measures or technical protection mechanisms of the platform; f) not to misuse the platform for spam, phishing, or other unsolicited mass communications; g) to ensure, to the best of their knowledge, that data and information entered on the platform are accurate and complete.
9.3 The User bears sole responsibility for the accuracy, completeness, and legality of their User Content.
9.4 bivy is entitled to remove User Content or suspend access if there is a reasonable suspicion of a breach of these GTC or applicable law. bivy will inform the User of such a measure to the extent legally permissible and reasonably possible.
9.5 Third-Party Personal Data: The User represents that they have a valid legal basis (consent, contract, or legitimate interest) before uploading personal data of third parties (in particular contractors, tradespeople, architects, construction managers) to the platform or forwarding it to bivy by email.
9.6 Information Obligation Towards Third Parties: The User is solely responsible for informing affected third parties that their personal data is being processed via bivy, including AI-powered processing. The User shall provide affected third parties with bivy's Privacy Policy (available at bivy.ch/datenschutz). bivy provides the User with a template clause for construction contracts for this purpose, available in the Data Processing Agreement at bivy.ch/avv.
9.7 Indemnification: The User shall indemnify and hold bivy harmless against all claims from third parties arising from the User having uploaded or forwarded personal data of third parties to the platform or to bivy without a valid legal basis or without fulfilling their information obligations. This includes reasonable costs of legal defence.
Section 10 — AI Features
10.1 bivy uses artificial intelligence (AI) for certain features. The AI features use AWS Bedrock with models from Anthropic (Claude). Processing takes place exclusively within the European Union (data centres in eu-central-1, Frankfurt).
10.2 No Professional Advice: AI-generated content constitutes suggestions and assistive information only. It does not under any circumstances replace advice from qualified professionals (architects, engineers, construction managers, lawyers, financial advisors, or other specialists). The User is required to independently verify AI-generated content before relying on it for decisions.
10.3 No Guarantee of Accuracy: bivy makes no warranty as to the accuracy, completeness, timeliness, or suitability of AI-generated content. AI models may produce incorrect, incomplete, or outdated results (so-called "hallucinations"). The User uses AI outputs at their own risk.
10.4 Data Processing: User inputs to AI features are used exclusively for real-time processing and generating the requested results. User inputs are not used for training the underlying AI models and are not shared with third parties for purposes other than those contractually agreed.
10.5 AI Model Updates: bivy is entitled to update or replace the AI models used at any time to improve quality. Material changes to AI features that significantly alter the scope or nature of the results will be communicated to Users with reasonable advance notice.
10.6 Usage Limits: Use of the AI features may be subject to quantitative restrictions depending on the subscription plan (e.g. number of queries per month). The current limits are available on bivy.ch.
Section 11 — Data Protection
11.1 bivy processes personal data of Users in accordance with the Swiss Federal Act on Data Protection (FADP, SR 235.1) and, where applicable, the EU General Data Protection Regulation (GDPR).
11.2 Details regarding the collection, processing, and use of personal data are set out in the separate Privacy Policy, available at bivy.ch/datenschutz, which forms an integral part of this contractual relationship.
11.3 All user data is stored and processed within the European Union (eu-central-1, Frankfurt am Main). No data transfers outside the EU/EEA take place unless legally required and safeguarded by appropriate measures.
11.4 The User has the right at any time to access, rectify, delete, and request the portability of their personal data in accordance with applicable data protection laws. Please direct such requests to datenschutz@bivy.ch.
11.5 Data Processing Agreement (DPA): The processing of personal data by bivy on behalf of the User is governed by the Data Processing Agreement (DPA), available at bivy.ch/avv. The DPA governs, in particular, bivy's obligations as Processor, the User's obligations as Controller, the sub-processors used, and the technical and organisational measures in place. The DPA forms an integral part of this contractual relationship.
Section 12 — Liability
12.1 bivy shall have unlimited liability for damages caused by wilful misconduct or gross negligence, as well as for damages resulting from injury to life, body, or health.
12.2 In cases of slight negligence, bivy shall be liable only for breaches of material contractual obligations (cardinal obligations), i.e. obligations the fulfilment of which is essential for the proper performance of the contract and on the observance of which the User may regularly rely. In such cases, liability shall be limited in amount to the subscription fees actually paid by the User in the preceding 12 months, but in any event not less than CHF 100.
12.3 bivy shall not be liable, in particular, for: a) indirect damages, consequential damages, lost profits, lost savings, or damages arising from business interruption; b) damages arising from the use of or reliance on AI-generated content (Section 10); c) data loss to the extent the User has failed to take reasonable data backup measures; d) disruptions, failures, or errors of third-party services (in particular cloud infrastructure, payment processors, email services); e) damages from breaches of ancillary obligations in cases of slight negligence; f) damages resulting from force majeure pursuant to Section 14.
12.4 The foregoing limitations of liability shall not apply to the extent that mandatory law prescribes more extensive liability.
12.5 The User is obliged to take reasonable measures to mitigate damage. This includes, in particular, regular backups of their own data. bivy recommends that Users additionally back up important project data outside the platform.
12.6 Any damage claims by the User shall become time-barred within one (1) year of becoming aware of the damage, unless mandatory law provides for a longer limitation period. Mandatory statutory limitation periods shall remain unaffected in all cases.
Section 13 — Warranty
13.1 bivy provides the platform services with reasonable care and in accordance with the state of the art. bivy warrants that the essential features of the platform substantially conform to the applicable service description.
13.2 bivy does not owe uninterrupted, error-free, or always-available service. To the extent permitted by law, services are provided "as is".
13.3 The User is obliged to report defects within a reasonable period after discovery, in writing (by email to hello@bivy.ch). The report should describe the defect as precisely as possible and include relevant information (e.g. error messages, screenshots).
13.4 In the case of justified defect notifications, bivy will use reasonable efforts to remedy material defects within a reasonable timeframe. bivy shall choose the method of remedy at its own discretion (e.g. bug fix, workaround, update).
13.5 No warranty claim exists if the defect is attributable to circumstances for which bivy is not responsible, in particular: a) improper or non-contractual use by the User; b) interventions or modifications by the User or third parties; c) technical problems on the User's side (e.g. outdated browser, inadequate internet connection); d) disruptions at third-party providers.
Section 14 — Force Majeure
14.1 Neither party shall be liable for failure to perform or delay in performing its contractual obligations to the extent that the failure is caused by circumstances beyond its reasonable control (force majeure).
14.2 Force majeure includes, in particular: natural disasters, epidemics and pandemics, wars, terrorist acts, uprisings, government orders, sanctions, embargoes, strikes and lockouts (unless caused by the affected party itself), failure of critical infrastructure (electricity, telecommunications, internet), serious cyberattacks, and failures of essential third-party services that could not have been avoided by reasonable measures.
14.3 The affected party shall promptly notify the other party of the occurrence and expected duration of the force majeure event and take reasonable measures to mitigate the impact.
14.4 If a force majeure event persists for more than 90 days, either party may terminate the contract with 30 days' notice without giving rise to any claim for damages. Prepaid amounts shall be refunded on a pro rata basis in such cases.
Section 15 — Amendments to the GTC
15.1 bivy is entitled to amend these GTC at any time to reflect changes in legal requirements, technical developments, new features, or changed business practices.
15.2 Amendments will be notified to Users by email to the email address registered in the user account at least 30 days before they take effect. Material changes will be highlighted in the notification.
15.3 If the User does not object to the amended GTC within the 30-day notice period and continues to use the platform after that period, the amended GTC shall be deemed accepted.
15.4 In the event of an objection, the User has the right to terminate the contractual relationship before the amendments take effect without any penalties (in particular without any termination fee). For paid subscriptions, a pro rata refund of prepaid amounts for the period after the effective date of termination will be provided.
15.5 bivy will expressly inform the User in the amendment notification of the right to object and terminate, as well as the legal consequences of silence (deemed acceptance).
15.6 For users resident in the EU/EEA: To the extent that mandatory consumer protection provisions require express consent for contractual amendments, we will obtain such consent separately.
Section 16 — Final Provisions
16.1 Severability: If any provision of these GTC is or becomes invalid or unenforceable in whole or in part, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision.
16.2 Entire Agreement: These GTC, together with the Privacy Policy, constitute the entire agreement between bivy and the User regarding the use of the platform. Any prior or contemporaneous agreements, assurances, or representations not contained in these GTC do not form part of the contractual relationship.
16.3 No Waiver: Failure to exercise or enforce any right provided for in these GTC shall not constitute a waiver of that right.
16.4 Assignment: bivy is entitled to transfer its rights and obligations under this contract in whole or in part to third parties, in particular in the context of a business transfer, merger, or restructuring. The User will be informed accordingly. The User may not assign their rights and obligations under this contract without the prior written consent of bivy.
16.5 Governing Law: This contractual relationship shall be governed by Swiss law, excluding the rules on conflict of laws (PILA) and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
16.6 Jurisdiction: The exclusive place of jurisdiction for all disputes arising out of or in connection with these GTC shall be Zürich, Switzerland. Any other mandatory statutory place of jurisdiction is reserved.
16.7 EU Consumers: For consumers residing in the EU, the mandatory consumer protection provisions of their country of habitual residence shall additionally apply to the extent that they provide a higher level of protection. In such cases, the mandatory provisions of the country of habitual residence shall take precedence over the foregoing provisions. EU consumers may also bring claims before the courts of their place of residence.
16.8 Alternative Dispute Resolution: We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board. The European Online Dispute Resolution (ODR) platform was discontinued on 20 July 2025.
16.9 Communications: Communication between bivy and the User shall generally be conducted electronically (by email). The User shall ensure that the email address registered in the user account is current. Notices from bivy shall be deemed received when sent to the registered email address.
16.10 Language: These GTC have been drafted in German and English. In the event of discrepancies between the language versions, the German version shall prevail.
Annex: Model Withdrawal Form (for EU consumers only)
Pursuant to Annex I Part B of Directive 2011/83/EU
Model Withdrawal Form
(Complete and return this form only if you wish to withdraw from the contract.)
To:
bivy Switzerland Email: hello@bivy.ch
I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract for the provision of the following service (*) / the supply of the following goods (*):
Ordered on (*) / received on (*): _______________
Name of consumer(s): _______________
Address of consumer(s): _______________
Date: _______________
Signature of consumer(s) (only if this form is notified on paper): _______________
(*) Delete as applicable.
Contact: bivy Switzerland Email: hello@bivy.ch Web: bivy.ch