📜 Equipment Subscription, Maintenance & SaaS Terms
Hagrec SA (“the Company”)
English is the sole legally binding version. Translations are provided only for convenience.
1. DEFINITIONS
These Terms govern the rental, maintenance, and use of physical equipment (“Equipment”) and complementary digital services (“SaaS”) provided by Hagrec SA. Equipment is the primary subject; SaaS features (e.g., dashboards, AI, APIs) are secondary and optional.
These Terms form an integral part of the Master Terms & Conditions.
2. DEFINITIONS
“Equipment” – Physical devices, tools, or machinery provided under rental or maintenance subscription, including but not limited to: sensors, servers, IoT devices, diagnostic tools, and any attached components.
“Maintenance Subscription” – Recurring service covering repairs, calibrations, firmware updates, and technical support for Equipment.
“SaaS Services” – Cloud platforms, dashboards, APIs, AI features, analytics modules, and hosted applications.
“Subscription” – A paid plan granting access to Equipment, Maintenance, and/or SaaS Services.
“User” – Any individual, company, or organisation accessing or using the Equipment or SaaS Services.
“Account” – Credentials enabling access to SaaS Services.
“Content” – Data, files, analytics, dashboards, outputs (including AI outputs), and physical Equipment provided under the Subscription.
3. ACCEPTANCE OF
TERMS
3.1 By creating an Account or using the Equipment or SaaS Services, the User agrees to be bound by these Terms.
3.2 If the User does not agree, they must not access or use the Equipment or SaaS Services.
3.3 Use of the Services additionally requires acceptance of:
- the Master Terms & Conditions
- the Privacy Policy
- the AI Safety Notice
- the Product Risk & Safety Statement
- the Warranty Policy (where applicable)
- the Refund Return Policy (where applicable)
4. ACCESS &
ACCOUNT MANAGEMENT
4.1 Users must provide accurate information when creating an Account.
4.2 Users are responsible for:
- Maintaining confidentiality of login credentials
- All activity conducted under their Account
- Preventing unauthorized access to SaaS Services
4.3 The Company may suspend or terminate access if:
- Fraudulent, abusive, or suspicious activity is detected
- Policy violations, hacking, or misuse occur
- Payment is overdue or chargebacks occur
- Security or regulatory risks arise
4.4 The Company may update, modify, restrict, or discontinue SaaS features without liability.
5.
SUBSCRIPTIONS, FEES & BILLING
5.1 Subscriptions may be:
- Equipment Rental (monthly/yearly, with or without maintenance)
- Maintenance-Only (for customer-owned Equipment)
- Usage-Based (e.g., per hour, per cycle, per data point)
- Hybrid (Equipment + SaaS features)
- Enterprise Agreements (custom terms for bulk Equipment or long-term leases)
5.2 Prices are shown at checkout or in the customer portal, for both Equipment and SaaS Services.
5.3 Subscriptions renew automatically unless cancelled before the renewal date.
5.4 Price adjustments may occur; Users will be notified in advance.
5.5 Payment failures may result in suspension or termination of access to both Equipment and SaaS Services.
5.6 Fees already paid are non-refundable, except where mandatory law requires otherwise.
6. FREE TRIALS
6.1 Free trials may be offered at the Company’s discretion.
6.2 Trials automatically convert to paid plans unless cancelled before expiration.
6.3 Trial features (including SaaS or limited Equipment access) are provided “as is”, without warranty or performance guarantees.
7. LICENSE GRANT (SaaS ONLY)
7.1 The Company grants the User a limited, non-exclusive, non-transferable, revocable license to use the SaaS Services.
7.2 Users may not:
- Copy, modify, reverse engineer, or decompile the SaaS Services
- Resell, sublicense, distribute, or commercially exploit the SaaS Services
- Circumvent technical restrictions or security
- Use the SaaS Services for illegal, harmful, or competitive purposes
7.3 All rights not expressly granted remain with the Company.
8. ACCEPTABLE
USE POLICY (AUP)
Users must not use the SaaS Services to:
- Generate harmful, unsafe, misleading, discriminatory, or illegal content
- Attack networks, exploit vulnerabilities, or create malware
- Automate excessive scraping or abusive API calls
- Impersonate individuals or solicit credentials
- Violate intellectual property or privacy rights
Violations may result in immediate suspension or termination without refund.
9. EQUIPMENT MAINTENANCE & SUPPORT
9.1 Hagrec will provide maintenance as specified in the Subscription plan (e.g., remote support, on-site repairs, firmware updates).
9.2 Scheduled maintenance will be communicated at least 48 hours in advance.
9.3 Emergency repairs (e.g., critical failure) will be prioritized; response time depends on Subscription tier.
9.4 Customer must grant physical/logistical access for maintenance. Denial may void warranty or trigger fees.
9.5 Customer must maintain insurance covering Equipment against theft, damage, or loss. Proof of insurance may be requested.
10. SERVICE
AVAILABILITY (SaaS & EQUIPMENT)
10.1 The Company strives for high uptime but does not guarantee uninterrupted service unless covered by a written SLA.
10.2 Maintenance, updates, outages, force majeure events, or third-party failures may temporarily affect access to SaaS Services or Equipment functionality.
10.3 Hagrec is not liable for:
- Downtime or access interruptions
- Performance degradation
- Delays due to network or third-party failures
- Data loss arising from external or user actions
- Equipment downtime due to maintenance, repairs, or force majeure
- Performance degradation caused by Customer’s environment (e.g., power, network, physical damage)
Mandatory consumer rights remain unaffected.
11. AI FEATURES (OPTIONAL / SECONDARY)
11.1 AI features (if enabled) are governed by the AI Safety Notice.
11.2 AI outputs may be incomplete, inaccurate, outdated, or exhibit “hallucinations.”
11.3 Users must independently verify all AI outputs before relying on them.
11.4 AI outputs may not be used:
- As medical, nutritional, legal, or professional advice
- To assess safety for allergies, pregnancy, or vulnerable individuals
- To train other AI systems
- For high-risk or safety-critical decisions
→ Note: Use of AI does not alter Equipment rental or maintenance obligations.
12.
USER-GENERATED CONTENT
12.1 Users retain ownership of the content they upload into the SaaS Services.
12.2 By using the Services, Users grant the Company a limited license to:
- Store, process, transmit, analyze, and display such content
- Solely for the purpose of providing and securing the SaaS Services.
12.3 Users represent that they have all necessary rights to content they upload and that it does not violate third-party rights or laws.
13. DATA
PROCESSING & PRIVACY
13.1 Personal data is processed according to the Privacy Policy, GDPR, UK GDPR, and Swiss nFADP.
13.2 Users acknowledge that data may be transferred internationally under lawful safeguards.
13.3 Professional/B2B Users must ensure they have a lawful basis to process third-party data within the Services.
13.4 For Equipment with embedded data storage (e.g., logs, analytics), data will be erased upon return or termination, unless required for legal/audit purposes.
14. INTELLECTUAL
PROPERTY
14.1 All software, algorithms, interfaces, documentation, AI models, platform designs, and features remain the exclusive property of the Company.
14.2 Users may not replicate, emulate, clone, or create competing services using the Company’s technologies.
15. LIMITATION
OF LIABILITY
To the maximum extent permitted by Swiss and EU law, the Company is not liable for:
- Indirect, incidental, punitive, or consequential damages
- Loss of profits, revenue, business, or reputation
- Errors in AI outputs or analytics
- Downtime, outages, or service disruptions
- User misconfiguration, misuse, or unauthorized access
- Equipment damage, loss, or downtime due to Customer’s environment or negligence
Total liability is limited to the lesser of:
- The cost of repair/replacement of the affected Equipment, or
- One month’s Subscription fee for the affected Equipment or SaaS Service.
Mandatory consumer rights remain unaffected.
16. CANCELLATION
& TERMINATION
16.1 Users may cancel Subscriptions to Equipment and/or SaaS Services at any time via their account dashboard.
16.2 Cancellation of Equipment Subscription becomes effective at the end of the current billing cycle.
16.3 Upon cancellation or termination:
- Access to SaaS Services ceases immediately
- Equipment must be returned within 7 days of termination notice
- Customer must provide proof of shipment (tracking number)
- Customer bears all return shipping costs unless otherwise agreed
16.4 No refunds are issued for unused time or partial billing periods.
16.5 The Company may suspend or terminate access for: - Violation of these Terms
- Non-payment
- Fraudulent or abusive activity
- Security or regulatory reasons
16.6 Upon termination:
- Access to all Services ceases immediately
- User data may be deleted after lawful retention periods
- No further refunds will be issued unless required by law
17. EQUIPMENT DAMAGE & RETURN
17.1 Customer is liable for damage caused by:
- Negligence, misuse, or unauthorized modifications
- Failure to follow operating instructions
- Environmental factors (e.g., moisture, extreme temperatures) if not mitigated
17.2 Hagrec will assess damage and invoice repair/replacement costs.
17.3 Customer may dispute charges within 14 days of invoice.
17.4 Equipment must be returned in working condition, excluding normal wear and tear. Damage beyond normal use may incur fees.
18. DATA
RETENTION & ACCOUNT DELETION
18.1 The Company retains data only as necessary for billing, legal compliance, fraud detection, and service provision.
18.2 Upon account deletion request, the Company will:
- Delete or anonymize personal data unless retention is legally required
- Retain minimal logs for security or auditing purposes
- Delete AI interaction data after retention periods
19.
MODIFICATIONS TO TERMS
19.1 The Company may update these Terms at any time.
19.2 Changes take effect upon publication.
19.3 Continued use of the Services constitutes acceptance of the updated Terms.
20. GOVERNING
LAW & JURISDICTION
These Terms are governed exclusively by Swiss substantive law.
Unless mandatory consumer law specifies otherwise, disputes fall under the exclusive jurisdiction of Fribourg, Switzerland.
Disputes related to Equipment recovery or damage shall be resolved in the courts of Fribourg.
21. RETENTION OF TITLE (EQUIPMENT)
21.1 Ownership and Right of Retention:
The Equipment remains the exclusive property of the Company until all amounts due — including fees, penalties, and any other claims — have been fully paid.
21.2 Recovery in Case of Default or Bankruptcy:
If the Customer fails to make payments or enters into bankruptcy, the Company may recover the Equipment immediately, without delay or the need for judicial procedures, by exercising its right of retention.
This right applies even if the Customer is undergoing bankruptcy proceedings or if a liquidator is appointed.
21.3 Cancellation of the Agreement:
In case of prolonged non-payment or bankruptcy, the agreement shall be automatically terminated, and the Company shall exercise its right of retention to recover the Equipment.
21.4 Return of Equipment:
The Customer agrees to immediately return the Equipment to the Company upon request if payment is not made or if the Customer becomes subject to bankruptcy. All costs incurred in the recovery of the Equipment will be borne by the Customer.
22. ENTIRE
AGREEMENT
These Terms, together with:
- Master Terms & Conditions
- Privacy Policy
- AI Safety Notice
- Product Risk & Safety Statement
- Warranty Policy
- Refund & Return Policy
constitute the full legal framework governing use of the Services.