General Terms and Conditions Valid from 30.09.2023
These General Terms and Conditions govern the rights and obligations in connection with the use of the services offered on the "SOMMI" app.

1 Introduction
1.1 Scope of application and validity of these GTCs
Validity
These General Terms and Conditions (GTC) of Sommi, c/o Marcel Schopfer, Chrüzacherstrasse 4, 8340 Hinwil, Switzerland, as well as the provisions declared binding by these GTC and recorded alongside the GTC, in particular the data protection declaration, govern the rights and obligations associated with the use of the products offered via the SOMMI app and the contractual relationship between SOMMI users. Furthermore, the interface terms of use apply when using the interface.
Confirmation and amendment of these GTC
The user confirms these GTC when registering on the SOMMI app. Sommi reserves the right to make changes to these GTC at any time and to publish the current version in the SOMMI app, under the heading "Settings, Information, GTC". Users will also be notified of significant changes within a reasonable period of time before they come into force.

1.2 Service provided by Sommi
Sommi makes the SOMMI app available to its registered and logged-in users on demand as a platform for the creation of a digital declaration of intent as a result of the contractual agreement (hereinafter: "digital contract").

1.3 Principles for the use of the SOMMI app
1.3.1 Independent use
On the SOMMI app, users can autonomously conclude digital contracts among themselves and on their own responsibility. The simple creation of digital contracts makes it possible for users to digitally represent their inner will with their outwardly recognisable will. Thus, no doubt or interpretation is necessary for the users to recognise that the inner will and what is declared correspond.

1.3.2 Legal status of Sommi
Sommi is not a party to the digital contracts concluded between users of the SOMMI app. Sommi's representatives, employees and auxiliary persons are not responsible in any way for the agreements (content) that users use to create a digital contract. Sommi does not assume any risks arising in relation to the digital contracts and is in no way liable for any damages that may arise as a result. Sommi is not obliged to monitor the behaviour of its users of the SOMMI app.

1.3.3 No right of use
There is no entitlement to registration and use of the SOMMI app. In particular, Sommi is free to refuse a registration at any time, or to exclude a user, prohibit a use or discontinue a service in accordance with section 2.4.

2 Users
2.1 User
By registering, by providing the personal information requested and by agreeing to these GTC, the interested party becomes a "user" of the SOMMI app. Sommi may provide additional information and/or verification or waive it. Registration and use of the SOMMI app are free of charge in due course.

2.2 Purpose
In order to use the SOMMI app and password-protected areas (in particular the personal account), the user must be a registered user. In order to be able to use all functions of the app as a user (in particular the service of digital contracts), various verification levels are provided for or may be required (e.g. the entry of an activation code sent by post).

2.3 Description
Registration and use of the SOMMI app are free of charge in due course. The password-protected area is personal and non-transferable.

2.4 Minimum requirements for the right of use
2.4.1 Capacity for judgement
The use of the SOMMI app is open to all natural persons who are capable of judgement. Non-judgmental, natural persons under the age of 12 are excluded from use.

2.4.2 Personal details
The information to be entered during registration must be complete and correct at all times and must include the following: Gender, first and last name, date of birth, username, valid e-mail address, password, language preferences.
Sommi may at any time provide for or waive additional information and/or verification for specific functions.
The username to be chosen by the user must not be obscene, derogatory or otherwise offensive. Furthermore, the username must not contain any reference to an e-mail or Internet address or infringe the rights of third parties.

2.4.3 Persons domiciled abroad
Persons domiciled/registered abroad may use the SOMMI app without restriction in accordance with the applicable GTC and data protection provisions of Sommi.

2.5 Commencement and termination of the right of use
2.5.1 Commencement
The right to use the SOMMI app begins after the user has registered and agreed to these GTC.

2.5.2 Termination by the member
The right to use the SOMMI app can be terminated at any time by deleting the account or by sending an e-mail to info@sommi.io.

2.5.3 Termination by Sommi
Sommi is entitled to exclude a user at any time (i.e. to terminate the right to use the SOMMI app), to prohibit use, or to discontinue the service for factual reasons, in particular in the event of disregard of the GTC, without the user concerned being entitled to any claims against Sommi as a result. Sommi is entitled to temporarily block or definitively exclude a user if it appears likely that another user who has already been blocked or excluded (such as family members or housemates) is using the services of the SOMMI app via this account, or if there is a reasonable suspicion that the user has violated the rights of third parties.
Excluded users have no right to register again as a user, either under their own name or under the name of another person, without the prior consent of Sommi. Violations of this provision will be charged at CHF 200.00.

3 General user obligations
3.1 Confidentiality of access data
The user is obliged to keep secret at all times the personal password given to him by Sommi as part of his registration or created by himself as well as any activation code received by post and never to disclose or make it accessible to third parties.

3.2 Technical interventions
The use of mechanisms, software or other scripts that could disrupt the proper operation of the SOMMI app or the website is prohibited.
Users may not take any measures that could result in an unreasonable or excessive load on the infrastructure of the SOMMI app.
Users are prohibited from blocking, overwriting, modifying or otherwise interfering with content generated by Sommi or third parties on the App SOMMI.

4 App SOMMI
4.1 Adaptation of the service and offer  
Sommi has the right to rename, split, merge, cancel, move, delete or reintroduce services and offers on the App SOMMI at any time without notice or justification.

4.2 Violations of the GTC by a User
Sommi is authorised to warn a user if there are credible, concrete indications that this user has violated these GTC.
The right to exclude a user from the right to use the SOMMI app remains reserved (see: Right of use / Termination by Sommi).
5 Relationship of the users

5.1 General
Sommi does not guarantee that the users who enter into digital contracts with each other via the SOMMI app comply with the principles of good faith. In particular, Sommi does not guarantee that the users will comply with any declaration of intent that may arise or exist between them.

5.2 Procedure for the creation of a digital contract
5.2.1 Physical meeting
In the event of a physical meeting of two natural persons and the same expression of will, these persons can create a digital contract via the SOMMI app for security purposes.
 
5.2.2 Successful login
To create a digital contract on the SOMMI app, both natural persons and persons with capacity to judge must create an account. As registered and logged in users, they thus have the right of use to create a digital contract on the SOMMI app.

5.2.3 Digital expression of will
Through the simple menu of the SOMMI app, with a few clicks and the confirmation of both users, the internal and external apparent will is digitised and is displayed digitally to both in the menu, overview.

5.2.4 Confirmation of the digital expression of the will  
In the menu, overview of the individual users, each digital contract can be viewed and exported at any time or can be deleted by additional, repeated confirmation.

6 Data protection
Sommi processes the personal data collected from users in accordance with the privacy policy.

7 Transfer of rights and obligations to third parties
Sommi reserves the right to transfer individual or all rights and obligations arising from these GTC to a third party or to have them exercised by a third party.
The registration and therefore all rights and obligations of the current or former user towards Sommi cannot be transferred by the user.

8 Exclusions of liability Sommi
8.1 General
Sommi is only liable for direct damage caused by Sommi's own intentional or grossly negligent actions. Any liability on the part of Sommi for direct damage in the event of slight negligence - irrespective of the legal grounds - is expressly excluded, subject to mandatory legal provisions. Any liability on the part of Sommi for indirect or consequential damages - for whatever legal reason - is fully and expressly excluded.

8.2 Technical faults, maintenance
Sommi is only liable for temporary unavailability of the SOMMI app or the website, failure of individual or all functions or malfunctions of the SOMMI app or the website caused by gross negligence or intent. In particular, Sommi is not liable for technical problems due to the unavailability of the service in the event of slight negligence. The Sommi SOMMI app may be temporarily unavailable or only available to a limited extent due to maintenance work or other reasons, without the user being entitled to any claims against Sommi as a result.
Actions, such as the creation of digital contracts, which were significantly affected by system interruptions may have to be created again.

8.3 Contents of the digital contracts
Sommi is not obliged to check the content, evaluations and other content chosen by the users of the digital contracts created on the SOMMI app and, in particular, does not accept any responsibility for:
●    the truthfulness of the statements made by the users to each other
●    the security of the execution of wills, or any other circumstances during or after the performance of the digital contract.  

8.4 Users and third parties
In particular, Sommi shall not be liable for any damage caused to users or third parties by the conduct of other users or third parties in connection with the use or misuse of the SOMMI app.
8.5 Linked websites
Sommi does not guarantee the up-to-dateness, correctness, legality, completeness or quality of the content of websites that can be accessed via links on the SOMMI app or the website and excludes any liability in this context.

9 Indemnification
If other users or third parties assert claims against Sommi due to infringement of their rights by information or content published by a user or due to other use of the SOMMI app by other users, this user will indemnify Sommi against all claims and will also bear the costs of Sommi's legal defence (including court costs and lawyers' fees).

10 Severability clause
Should individual provisions of these GTC be wholly or partially invalid and/or ineffective, the validity and/or effectiveness of the remaining provisions or parts of such provisions will remain unaffected. The invalid and/or ineffective provisions shall be replaced by provisions that come as close as possible in economic terms to the meaning and purpose of the invalid and/or ineffective provisions in a legally effective manner. The same shall apply in the event of any loopholes in the provisions.

11 Applicable law and place of jurisdiction
All disputes between Sommi and a (current or former) user in connection with these GTC are subject to Swiss law.
The place of jurisdiction is Hinwil, Switzerland, subject to any statutory provisions to the contrary.