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Last updated: 7 September 2026
1. Scope and Parties
These Terms and Conditions (“Terms”) govern the use of our website at bimover.ch and its subdomains, and the use of our software.
Our software falls into two groups, and much of what follows applies to one group only:
- Paid Products: software licensed against payment, currently Cloya, Locus and Filum. These are professional tools for the architecture, engineering and construction industry.
- Free Apps: software we publish at no charge, currently Cuolma, a tour planning app for the Swiss mountains. A Free App costs nothing, requires no account, is not sold, and is not part of our professional offering. Cuolma has no connection to the AEC business around Cloya, Locus and Filum.
“Products” means both groups together.
Where each app’s own texts are
Every app has its own privacy page, because every app has its own exceptions. These Terms cover the contract; the app page covers what the app does with data. Where an app page and a general text could be read differently, the app page wins for that app: it is the more specific text and the one written for it.
| App | Privacy | Licence | Sections here that are about this app |
|---|---|---|---|
| Cloya | Cloya Privacy | these Terms; Apple’s standard EULA for the Apple versions | 3.3 |
| Locus | Locus Privacy | these Terms and the Locus Licence Terms, one per building project | 4.1, 6 |
| Filum | Filum Privacy | these Terms; Apple’s standard EULA for the App Store download | 3.3, 5.1, 8.1, 8.2, 11.1 |
| Cuolma | Cuolma Privacy | Apple’s standard EULA | 3.2, 3.3 |
| Vadum | Vadum Privacy | Apple’s standard EULA | 3.2, 3.3 |
The last column exists so nobody has to read a contract end to end to find the four paragraphs that concern them. Everything not listed there applies to every product alike.
Every one of those texts exists in English only. bimover keeps one version of each legal text: two versions can be read two ways, and that is the one thing a legal text may not do. The website itself speaks English, German, French and Italian; the legal texts do not follow it.
Filum is a Paid Product, even though the app itself costs nothing. You download Filum from an app store at no charge. The app shows no price and contains no purchase. What you pay for is the licence, and you buy it on bimover.ch. A free download does not make Filum a Free App, and the rules for Free Apps in Section 3.2 do not apply to it. It is for that reason that Filum is not in the table of Free Apps in Section 3.2, although its download costs nothing.
Anyone can download Filum. We license it to business customers only, as set out in Section 1.1.
Provider and contracting party:
bimover GmbH
Hammer 19
5000 Aarau
Switzerland
UID: CHE-132.862.302
Managing Director: Michael Huber
Email: support@bimover.ch
By creating an account, subscribing, or using a Product, you agree to these Terms.
1.1 Who our offering is for
Paid Products are directed exclusively at businesses, self-employed professionals, public bodies and other organisations acting in a professional capacity (B2B). They are not directed at consumers.
Free Apps may be used by anyone, including consumers. Where a consumer uses a Free App, mandatory Swiss consumer law applies and prevails over these Terms wherever the two differ. This concerns in particular the content control of Art. 8 UWG (Section 11) and the consumer’s statutory place of jurisdiction (Section 13).
Swiss law provides no general right of withdrawal for contracts concluded online. The statutory right of withdrawal under Art. 40a ff. CO covers door-to-door and telephone contracts; our contracts are concluded on our website and are therefore not covered by it.
1.2 Use of the website
You may use the website for lawful purposes, including obtaining information about our Products, subscribing, and contacting support. You may not misuse the website, interfere with its technical operation, attempt unauthorised access, or create unreasonable technical load through automated methods.
2. Contract, Account and Activation
You subscribe on bimover.ch. The contract for a subscription is concluded directly with bimover GmbH; we are the seller and issue the invoice.
Free Apps require no contract of this kind, no account and no payment; Section 3.2 applies to them. Access to paid features requires a bimover account. You sign in to the Products with that account (Sign in with Apple or Microsoft). Activation is automatic once payment is confirmed. We do not send licence keys.
Filum licences are bought on this website, never in the app. You sign in to Filum with Microsoft, and the same sign-in both fetches the mail Filum archives and connects your bimover account. If you created your bimover account with Sign in with Apple, link the two once in your bimover account before the first run. If your organisation only admits outside applications after approval, your Microsoft administrator approves Filum once; the app shows the link for that when a sign-in fails for that reason.
If your bimover account belongs to an organisation, that organisation holds the Filum licences and receives the invoice, and the mailboxes archived by its members count together.
You are responsible for keeping your sign-in credentials confidential and for the use of your account. If a subscription covers several users, you are responsible for ensuring that each user complies with these Terms.
3. Products and Subscription Tiers
Cloya is offered as a subscription per user, in tiers (currently Free, Stratus, Cumulus, Alto and Cirrus). Each tier includes a defined set of features; the current scope and prices are shown on our pricing page and in the Cloya handbook. Participating in shared sessions hosted by someone else is free and does not require a paid tier.
Nimbus Pass is a one-off, time-limited unlock (12 hours) of the highest tier’s scope. It is not a subscription and does not renew.
Locus is licensed per building project and billed directly in CHF, in three price classes based on the construction cost of the project (Small, Medium, Large), as stated by the customer. A reduced licence is available for students. Licences are one-off purchases and do not renew.
Filum archives project email into a folder on storage you choose, for example your own NAS. It is licensed per archived mailbox and per year. What counts is the mailbox that was archived from, not the person who starts a run. One run collects the filed project mail of several people, and the same mailbox counts once per office and year even if it appears in several projects. The rate is graduated like a tax scale, so each rate applies only to the mailboxes in its own range, and a minimum amount applies per year. The current rates and the minimum are shown on the Filum product page. Support is included in the rate; Section 9 says what that does and does not mean.
A Filum licence is a subscription. You buy it in advance, for a number of mailboxes and for one year. The year starts on the day you buy, not on 1 January, and it renews for another year unless you end it before the current one runs out. What you pay at each renewal is the rate then in force for the mailboxes you archive from. Section 5.1 sets out the detail.
A run needs a valid licence. Reading an archive does not. Archives already written stay on storage of your own. We hold no copy of them, we have no access to them, and we do not lock them. Section 8.1 states this as a right.
The sample project needs no licence. Filum comes with a sample project of fictional mail, so you can see the result before you sign in. It needs no bimover account, no licence, and no access to your mailboxes.
3.1 Changes to features
We continuously develop the Products. We may add, change or discontinue individual features, in particular for legal, security, technical or product reasons. Where a change materially reduces the scope of a paid tier or licence, we inform affected customers in advance; if the reduction is substantial, you may terminate the affected subscription with effect from the date the change takes effect.
Where a licence has been paid for a fixed term, terminating it is no remedy. If a change materially reduces what such a licence covers before its term has run out, write to support@bimover.ch; Section 6 applies.
3.2 Free Apps
We publish some software at no charge (“Free Apps”). A Free App costs nothing, contains no purchases, no subscription and no advertising, requires no bimover account, and is provided independently of any Paid Product. Currently:
| Free App | Where you get it | What it needs |
|---|---|---|
| Cuolma | App Store | nothing; no account at all |
| Vadum | App Store | your own account at skybriefing.com, which is not ours |
| bimover (support app) | bimover.ch | a bimover account and an open ticket |
| CloyaBridge | GitHub | nothing; no account at all |
We provide Free Apps as they are. We may change, limit or discontinue a Free App at any time; no claim to continued availability arises.
A Free App is not a safety device. That sentence is not boilerplate here, because two of them are used where a wrong answer costs something:
- Cuolma measures terrain and works out distances, times and the position of the sun from public swisstopo data. It is not an avalanche assessment, it carries no weather information, it does not call for help, and its times contain no reserve. Decisions in the mountains are yours.
- Vadum reads the weather products of your own skybriefing.com account and says them in plain sentences. It is not an official flight preparation and does not replace one. What skybriefing.com itself issues is what counts, and the responsibility that rests with the pilot in command stays there.
Support for Free Apps is voluntary. We read every message sent to support@bimover.ch and answer as well as we can, but we owe no response time, no answer and no fix.
3.3 Apps obtained from Apple
For an app obtained through Apple, the licence agreement is chosen per app in App Store Connect, and that choice decides what governs your licence. We have chosen Apple’s standard agreement for every one of our apps: Cuolma, Vadum, Filum, Cloya and the bimover Cockpit all run under Apple’s Licensed Application End User License Agreement. We provide no custom licence agreement for any of them, and nothing in these Terms replaces or overrides Apple’s.
What these Terms add is what Apple’s agreement does not say: what an app is and what we do not promise (Section 3.2 for the free ones), what a paid licence covers (Sections 3, 5 and 7), and how we handle personal data (Section 10).
The points below are part of Apple’s agreement. We restate them because they decide who you are actually dealing with, and because that should not be a surprise you discover in a dispute. They apply whether you got the app from the App Store or as a pre-release version through TestFlight, and whether or not the app carries a price. Where anything elsewhere in these Terms contradicts them, they win.
- These Terms are concluded between you and bimover GmbH only, and not with Apple. bimover GmbH alone is responsible for the app and its content.
- Scope of licence. You receive a non-transferable licence to use the app on any Apple-branded product that you own or control, as permitted by the App Store Terms of Service, including through Family Sharing or volume purchasing.
- Maintenance and support. bimover GmbH is solely responsible for any maintenance and support. Apple has no obligation whatsoever to furnish any maintenance and support services.
- Warranty. bimover GmbH is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any; beyond that, Apple has no warranty obligation whatsoever with respect to the app.
- Product claims. bimover GmbH, not Apple, is responsible for addressing any claims relating to the app or your use of it, including product liability claims, claims that the app fails to conform to a legal or regulatory requirement, and claims under consumer protection or similar legislation.
- Intellectual property. In the event of a third-party claim that the app infringes intellectual property rights, bimover GmbH, not Apple, is responsible for the defence, settlement and discharge of that claim.
- Legal compliance. You represent that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
- Contact. Questions, complaints and claims relating to the app go to bimover GmbH, Hammer 19, 5000 Aarau, Switzerland, support@bimover.ch.
- Third-party terms. You must comply with applicable third-party terms when using the app.
- Apple as third-party beneficiary. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms as they apply to your licence of the app, and Apple has the right to enforce these Terms against you as a third-party beneficiary.
The Apple licence and a Filum licence are two different things. The licence above lets you install and run the app on Apple devices you own or control. It does not cover archive runs. Those need a Filum licence bought from us; Sections 3, 5 and 7 set out what it covers.
What Apple can refund. The warranty point above concerns the price you paid Apple for the app. For Filum that price is nothing: the download carries no price, and the licence is bought from us. A licence fee can only be refunded by us, and Section 6 applies to it.
3.4 Pre-release versions
Before an app appears in a store, and alongside a released version, we may give you a pre-release version: through Apple’s TestFlight, or as an installer we deliver to you directly.
A pre-release version is not the finished product. We provide it as it is, for testing and evaluation. It may be incomplete, it may change without notice, it may stop working when the test period ends, and we may withdraw it at any time. We owe no availability, no service level and no particular result for it, and no claim to a later release arises from it.
Do not let a pre-release version become the only place your project email exists. Leave the mail in the mailbox it came from and keep your own backups until you work with a released version.
A pre-release version does not replace a licence. What needs a licence needs one whichever way the app reached you. Where we grant a licence free of charge for a test, we say so and we say for how long; such a licence is limited in time, expires by itself, produces no invoice and gives no claim to a purchased licence.
Where the pre-release version comes through TestFlight, Section 3.3 applies to it as well, and Apple’s own TestFlight terms apply between you and Apple. Where we deliver an app to you directly, no store is involved: any updates come from us, and the contract, the licence and the payment run with bimover GmbH as described in Sections 4 to 7.
Our liability for a pre-release version is limited to damages caused intentionally or by gross negligence. Section 11 applies otherwise.
4. Prices, Payment and Invoicing
This Section 4 concerns Paid Products only. Free Apps cost nothing; see Section 3.2.
Prices are stated in Swiss francs (CHF) on the page of the product concerned. What a price is measured against depends on the product: per user and billing period for Cloya, per building project for Locus, per archived mailbox and year for Filum. We are currently not registered for Swiss VAT; no VAT is shown or charged, and the price shown is the price invoiced. Should we become liable for VAT, prices will be shown accordingly from that point onwards.
4.1 Payment methods
Every payment is made by card and is processed by our payment service provider Payrexx AG (Switzerland). Payrexx processes payment data on our behalf; the contract for the subscription remains with bimover GmbH.
Payment on account is available to business customers we have unlocked for it: for Cloya for the subscription period, for Locus for the project licence, for Filum for the licence term. You then receive an invoice and settle it by card through Payrexx, using the payment link on the invoice. Invoices are payable within 30 days of the invoice date unless agreed otherwise.
We do not issue paper invoices. An invoice is a document you receive electronically and pay by card; nothing is sent by post, and no other payment channel is offered.
4.2 Recurring payments
Subscriptions are charged in advance for the chosen billing period (monthly or yearly). Where you pay by card, you authorise us and our payment service provider to charge the applicable amount for each subsequent period until the subscription ends.
A standing authorisation to charge your card exists only where the purchase page stated that the licence renews. Where a licence is bought for a fixed term without renewal, nothing is charged after that purchase.
4.3 Failed payments
If a payment fails, we may retry it and will notify you. If payment is not received within a reasonable grace period, we may suspend access to paid features until payment is completed.
4.4 App stores
Free Apps are published in the Apple App Store. Nothing is sold there: they are free, and they contain no purchases and no subscriptions. Cuolma runs there under Apple’s standard licence agreement; Section 3.3 sets out which agreement governs which app.
Cloya is also distributed through app stores and add-in marketplaces, currently the Microsoft Teams Store and Microsoft Marketplace (AppSource). Subscriptions are never sold through those stores. Where an app-store listing links to a purchase, that link leads to our own website (www.bimover.ch), where the purchase is completed with our payment service provider Payrexx AG (Switzerland) or by invoice, as described in 4.1. The contract is concluded with bimover GmbH; Microsoft (or any other store operator) is not a party to it, does not process the payment, and does not manage your subscription or licences. The free tier requires no purchase at all.
Filum is a Paid Product whose app is downloaded free of charge. Where you obtain it from an app store, on macOS through the Apple App Store and on Windows through the Microsoft Store, the download carries no price. The app shows no prices and offers no way to buy anything. Licences are never sold there. They are bought on our own website (www.bimover.ch), as described in 4.1, and the contract for them is concluded with bimover GmbH. A store operator is not a party to that contract, does not process the payment, and does not manage, renew or end your licence. In practice this matters in three places:
- Refunds. A store refunds what you paid the store, which for the Filum app is nothing. A licence fee can only be refunded by us; Section 6 applies.
- Ending the licence. You end a Filum licence in your bimover account or by writing to support@bimover.ch, as set out in Section 5. Removing the app from a device does not end the licence, and ending the licence removes neither the app nor the archives you have already written.
- Support. Support for Filum is owed by us, as set out in Section 9. No store operator owes you support, maintenance or a fix.
4.5 Price changes
We may change prices for future billing periods. We announce changes at least 30 days before they take effect. If you do not accept a price change, you may terminate the subscription with effect from the date the new price would apply.
A price change does not affect a licence already paid for. For a licence bought for a fixed term, it applies to the next purchase. The Filum scale lives in the program and can change with a new version of it; what applies to you is the scale shown when you bought.
5. Term, Renewal and Termination
Sections 5 and 6 concern Paid Products only. A Free App has no term and nothing to terminate: you stop using it, or you delete it.
Subscriptions run for the chosen billing period and renew automatically for the same period unless terminated before the end of the current period.
You can terminate a subscription at any time with effect from the end of the current billing period, through your bimover account or by writing to support@bimover.ch. Access to paid features remains until the end of the paid period; no partial refunds are made for the remaining period unless mandatory law requires otherwise.
5.1 Filum licences
A Filum licence runs for the term you bought. When the term ends, no new run starts for the mailboxes it covered. Everything already archived stays where it is and stays readable; see Section 8.1.
A licence is needed for every mailbox archived from. Before a run, Filum asks us which mailboxes are covered and leaves out the ones that are not. Where we cannot be reached, the run goes ahead, because a server of ours must not stop you archiving. Holding enough licences for the mailboxes you archive from therefore remains your responsibility, and where more mailboxes are archived than licences held, we may invoice the difference at the rate then in force.
The licence year runs from the day you bought it. Buy on 14 March and the year runs to 13 March. It renews on that day for another year, and we charge the card or send the invoice then. We tell you before each renewal what it will cost.
You can end it at any time, in your bimover account or by writing to support@bimover.ch. Ending it stops the next renewal. The year already paid runs to its end, and it is not refunded (Section 6). Runs keep working until then.
Mailboxes are counted within your licence year. A mailbox counts as soon as one run has archived from it, and it counts once, whoever started that run and in however many projects it appears. A mailbox nobody archives from any more still counts for the licence year in which it was archived; in the next one it is no longer counted. A licence is not tied to a particular mailbox, so there is nothing to move or hand over when someone leaves the office.
Joining a company does not make you pay twice. If your account becomes part of an organisation part way through a licence year, the mailboxes already counted move with it. They are not counted a second time, and what you already paid for that year is set against the organisation’s invoice.
We may terminate or suspend a subscription or a licence for good cause, in particular for material breach of these Terms, misuse, or non-payment after a reminder. Suspending a Filum licence stops new runs. It does not touch archives already written, and we could not touch them if we wanted to; see Section 8.1.
6. Refunds
Payments already made are non-refundable, except where mandatory law provides otherwise or where we grant a refund at our discretion, for example if a paid feature was materially unavailable for a prolonged period for reasons attributable to us. Where we grant a refund for a subscription period, the corresponding entitlement ends immediately.
Locus licences are one-off purchases for a specific project; once the licence has been used for imports, it is non-refundable except where mandatory law provides otherwise.
Filum licences are paid in advance, for a number of mailboxes and for a term. They are non-refundable once bought, except where mandatory law provides otherwise or where we grant a refund at our discretion. Once a mailbox has been archived under a licence, its place is used for that term. Licences you did not use are not paid out at the end of the term and do not carry over into the next one.
7. Licence Scope and Restrictions
For the duration of a paid subscription or licence, we grant you a non-exclusive, non-transferable, non-sublicensable right to use the Products for your internal business purposes, within the scope you have paid for: the subscribed tier and the number of users for Cloya, the licensed building project for Locus, and the archived mailboxes and the term for Filum.
Filum, after the licence ends. The right to keep, open, read, search and export an archive Filum has written does not end with the licence. It has no time limit and it needs no server of ours, and you may read the archive with any program you like. An expired licence stops new runs. It does not stop Filum from opening an archive that already exists.
You may not:
- pass on, rent out, or make your access available to third parties outside your organisation, except for participants in shared sessions within the intended functionality
- reverse-engineer, decompile or disassemble the Products, except to the extent such acts are permitted by mandatory law
- remove or alter proprietary notices
- use the Products to build a competing product
For Free Apps we grant you a non-exclusive, non-transferable right to use the app for your own purposes, private or professional, for as long as we publish it. The restrictions listed above apply to Free Apps as well, with the exception of the first, which concerns access to a subscription.
These restrictions concern the Products, not what they produce. The archive Filum writes is yours. It needs no licence to be read, copied, moved, backed up or handed to a third party, and nothing in this Section restricts what you do with it. See Section 8.1.
All rights not expressly granted remain with us.
8. Your Content
You retain all rights to the documents, plans and other content you use with the Products (“Your Content”). We claim no ownership of it.
We process Your Content only to the extent necessary to provide the Products, for example to store documents you deliberately save on our infrastructure, or to relay data during a shared session. Live collaboration sessions are end-to-end encrypted; the session key travels only in the invitation link, and our relay cannot read session content.
You are responsible for holding the rights required for Your Content and for complying with applicable law when using it.
8.1 The Filum archive stays with you
Filum writes into storage you choose yourself, and we never hold the archive. The path is yours, for example a folder on your own NAS or server. In the Filum apps for macOS and Windows the messages travel from Microsoft to the computer running Filum and from there to that storage. They do not pass through our servers, and we never receive a copy.
What Filum writes there is a folder of ordinary files: a readable file per message, the original mail unchanged, attachments as files, an index, and a page to search with. It opens with a file manager and a browser, without Filum and without us.
Because we never hold it, we cannot switch it off, hold it back or lose it. An expired, suspended or unpaid licence does not touch it. What is archived stays readable, searchable and exportable. Only a new run needs a licence.
Whether that storage is available, backed up and protected against unauthorised access is in your hands. The archive is not backed up by us. See Section 11.
8.2 What Filum reports to us after a run
After each archive run Filum sends us what we need in order to bill, and nothing else: a hash of each archived mailbox address, an identifier of the archive, the identifier of the run, the time, the checksum of the run record, and two numbers, namely how many messages the archive holds and which run in order it was. No address in clear text, no subject line, no file name, no content. The sample project reports nothing.
A hash of a mailbox address is pseudonymous, not anonymous. The same mailbox always produces the same hash, and anyone who already holds an address can compute it and compare. We use it to count mailboxes, and for nothing else. Our Privacy Policy sets out the details.
If we cannot be reached, the run still happens. Reporting does not block archiving.
9. Availability, Support and Changes
We aim for high availability but do not warrant uninterrupted or error-free operation. Maintenance, updates, third-party outages and force majeure may lead to temporary interruptions. No specific service level is owed unless expressly agreed in writing.
Support for Paid Products is provided by email at support@bimover.ch during ordinary Swiss business hours. Support for Free Apps is voluntary and owed to nobody; see Section 3.2.
Products depend on authentication and licence verification via bimover servers. Product-related server components may be changed, limited or discontinued; where this materially affects a paid subscription, Section 3.1 applies.
Where a rate is described as including support, that means support costs you nothing on top of the licence. It is not a service level. No response time and no fix within a given time are owed unless expressly agreed in writing.
Filum needs our servers only for signing in and for licensing. Reading, searching and exporting an existing archive needs neither our servers nor Microsoft’s. The archive is a folder of files on your own storage, and the page you read it with works offline. Starting a new run does need the sign-in and the licence check.
9.1 In-app notices (bimover app)
The bimover app is our channel for informing you inside the app. We do not send marketing emails on this basis. Notices fall into three categories:
- Operational and security notices (service status, maintenance windows, security advisories, known issues). These are part of operating the Products and are always shown; they cannot be disabled.
- Product news (new applications, features and releases).
- Offers and promotions.
Product news and offers are shown to existing customers by default and can be disabled at any time in the settings of the bimover app (“Mitteilungen von bimover”), per category and with immediate effect. Disabling them has no impact on your contract, support or the functioning of the Products.
Notices appear only within the app; they are not sent by email, and no push notifications are used for advertising. Details on the data processed for this feature are set out in our Privacy Policy.
9.2 Feature requests and other submissions
The bimover app lets you submit feature requests (“Ideas”) and vote on requests submitted by others.
Review before publication. Every submission is reviewed by us before it becomes visible to other users. We may decline, shorten or remove a submission, in particular if it contains third-party or personal data, confidential project information, unlawful or offensive content, advertising, or is otherwise unsuitable. You will see the status of your own submission in the app; if we decline it, we tell you so in the app.
Only submit what you may share. Do not include personal data of others, client or project information subject to confidentiality, credentials, or material you do not hold the rights to (this expressly includes screenshots of third-party plans or documents).
Rights you grant us. You grant us a non-exclusive, worldwide, royalty-free and transferable right to store your submission, display it to other users of the app and our website, and to use the ideas contained in it for the development of our products, without time limit and without any obligation to pay. Ideas as such are not protected by copyright; a submission therefore does not create any claim to compensation, attribution or to a feature being implemented. You may ask us at any time to remove your submission from public display.
Anonymity. Submissions are shown to other users without your name or email address.
Reporting. If you consider a published submission unlawful or inappropriate, write to support@bimover.ch. We will review it promptly and remove it where required, and inform you of the outcome.
10. Data Protection
Information on how we process personal data is set out in our Privacy Policy. For Cloya specifically, see the Cloya privacy notice; for Cuolma, the Cuolma privacy notice. For Filum, Section 8.2 above lists exactly what leaves your office after a run, and the Privacy Policy sets out how we handle it.
11. Warranty and Liability
The Products are provided with the care customary in the industry. We do not warrant that the Products are fit for a particular purpose beyond the described functionality, or that they are free of all defects.
To the extent permitted by law, our liability is limited to damages caused intentionally or by gross negligence. Liability for slight negligence, for indirect or consequential damages, for lost profits, for loss of data and for claims by third parties is excluded. Where liability is not excluded, it is limited per case to the amount paid by you for the affected Product in the twelve months preceding the event.
For Free Apps you receive software at no charge, and a cap measured against amounts paid is meaningless because nothing is paid. Our liability for a Free App is limited to damages caused intentionally or by gross negligence. This limit is the floor that Art. 100 CO leaves in any case; we do not attempt to go below it.
Where you use a Free App as a consumer, the content control of Art. 8 UWG applies: a term of these Terms that creates a significant and unjustified imbalance between rights and obligations to your detriment does not apply to you, whatever it says.
Mandatory statutory liability, in particular for personal injury, remains unaffected in every case.
You are responsible for maintaining your own backups of Your Content. An archive is not a backup. A Filum archive sits on your own storage and we hold no copy of it. Backing it up, and checking that the backup works, is yours to do.
11.1 What Filum does not promise
Filum does not prevent changes, it makes them detectable. The archive sits on your storage, and anyone with write access to that folder can change or delete files in it. Each run writes a record: a checksum over the whole holding, chained to the record before it, with a timestamp from an independent service. That is what shows afterwards that something is different. It is a means of proof, not a lock, and we warrant no more than that. There is no seal, no write-protected drive and no blockchain.
We do not warrant that any retention setup meets a legal or regulatory requirement. Whether records are kept in a way that satisfies the rules is decided by the procedure in your office, not by a program. We describe what Filum does. Nothing in the Products, on our website or in these Terms is legal advice.
Filum archives what was filed. It archives the mailbox folders the signed-in person names, through that person’s own Microsoft sign-in, so it sees only what that person may see anyway. It does not find what nobody filed. Teams chats and drafts are not captured as messages, and a cloud attachment that arrives as a link is archived as that link. The readable file Filum writes for each message reproduces the content, not the look; the original message sits next to it, unchanged. What is not captured is described on the product page.
The retention period and the deletion hold are your settings. Filum records them, keeps a log of every hold set and lifted, and refuses deletion through Filum while a hold is in place. The retention period informs, it does not act: nothing leaves an archive because a period ran out. Filum cannot prevent deletion by other means, because anyone with write access to the folder can delete files outside Filum. Deciding whether something may be deleted is yours, and Filum never decides it.
A deletion through Filum leaves a trace on purpose. The message is replaced by a record of what was removed, when, by whom and on what basis. The content is gone; the gap stays visible. Take that into account before you tell anyone that nothing remains.
12. Changes to these Terms
We may amend these Terms with effect for the future, for example to reflect changes to our services, our payment processes, or the legal framework. We announce material changes at least 30 days before they take effect. If you do not accept the change, you may terminate the affected subscription with effect from the date the change takes effect. For a Free App there is nothing to terminate: if you do not accept the change, stop using the app.
Where a licence has been paid for a fixed term, there is nothing to terminate either. A change applies to licences bought after it takes effect. A licence already paid for runs on under the Terms that applied when you bought it, for the remainder of its term, unless the change is required by law.
13. Governing Law and Jurisdiction
These Terms are governed by Swiss law, excluding its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The exclusive place of jurisdiction is Aarau, Switzerland, to the extent permitted by law.
This does not bind consumers. A consumer using a Free App keeps the statutory place of jurisdiction for consumer contracts under Art. 32 CPC. That forum cannot be waived in advance, and nothing in these Terms attempts to.
Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions is unaffected.