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1. Scope
These General Terms and Conditions (GTC) govern the contractual relationship between Arber Gashi, a self-employed software developer in Lucerne (hereinafter "Provider"), and legal entities or sole proprietorships domiciled in Switzerland or the Principality of Liechtenstein (hereinafter "Customer") regarding the use of the ewws ERP platform.
The GTC apply in the version valid at the time of the order. Deviating or supplementary terms of the Customer apply only if the Provider expressly agrees to their validity in writing.
Contracts are concluded exclusively with business customers. Private individuals are excluded.
These terms do not apply to Takt Pro or Industrie Charts. Separate licence and service terms communicated for each product apply instead.
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2. Subject of the contract
The subject of the contract is the time-limited granting of a non-exclusive right of use to the ewws ERP platform in the edition chosen by the Customer (Start, SME, SME Pro, Fiduciary) for a term of twelve months from activation.
The ewws platform comprises native apps for Mac, Windows, iPhone and iPad and the ewws server. The server is operated by the Customer on infrastructure it provides (its own hardware or a hosting provider of its choice).
Updates within the agreed edition during the contract term are included in the license price and are delivered via the standard update channel.
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3. Order and conclusion of contract
The order is placed via the online order form at pro-business.ch/de/order or in writing by e-mail. By submitting the order, the Customer makes a binding offer to conclude a license agreement.
The contract is concluded when the QR-bill reaches the Customer. The QR-bill is delivered by e-mail without delay after the order.
The Customer undertakes to pay the full annual amount within the payment period stated on the invoice. Upon receipt of payment, the Provider activates the license for the full contract term and delivers the signed license file (.ewwslic) by e-mail.
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4. Prices and payment
The prices are based on the edition matrix at pro-business.ch/de/editions in the version valid at the time of the order. All prices are in Swiss francs (CHF) including statutory value added tax.
Payment is made annually in advance by QR-bill (annual upfront). Accepted means of payment are Twint, e-banking QR scan, classic bank transfer and SEPA transfers from the EU area to the Swiss account stated on the invoice.
The payment period is thirty days after the invoice date. In the event of late payment, default interest of five percent per year is due. Dunning fees from the second reminder are CHF 30.-, from the third reminder CHF 50.-.
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5. License terms and right of use
The Customer receives a simple, non-exclusive, non-transferable and non-sublicensable right of use to the ewws platform for the duration of the contract term.
The license is bound to the parameters stored in the license file (.ewwslic): customer name, edition, number of tenants and validity period. A switch to a higher edition during the term is possible; the difference amount is invoiced pro rata for the remaining term.
Reverse engineering, decompilation or modification of the software without the express written consent of the Provider is prohibited. Passing the software on to third parties is not permitted, except within the scope of the Fiduciary edition for the care of the fiduciary's own clients.
The ewws platform contains open source components under their respective licenses (in particular Java 25, PostgreSQL, Apache 2.0, MIT and comparable licenses). The Customer finds a complete list in the NOTICE file delivered with the software. The OSS license terms apply in addition to this agreement and are to be observed by the Customer during use.
The Customer bears sole responsibility for the professional correctness of all data entered in ewws, including postings, tax rates, payroll data, VAT codes and chart-of-accounts assignments. The Provider is not liable for the consequences of incorrectly entered data, faulty configurations or improper use of the software.
If ewws is operated without a valid license file, the software runs for thirty calendar days in trial mode with the full feature set of all editions. After this period, the feature set reduces to the level of the Start edition. The customer data remains fully preserved and accessible in any case.
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6. Data storage and self-hosted operation
ewws runs self-hosted on the infrastructure provided by the Customer. The PostgreSQL database, all document data, master data and postings remain physically with the Customer. The Provider has no technical access to the customer data.
The Customer is solely responsible for securing the data, operating the database, setting up regular data backup and complying with statutory retention periods (in particular GeBüV).
Upon termination of the contract, the full database remains the property and possession of the Customer. Data exports in open formats (SQL dump, ISO 20022, CSV) are possible at any time via the software. No migration fees or lock-in costs arise.
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7. Availability and support
Since ewws runs self-hosted at the Customer, the availability of the software depends primarily on the customer infrastructure. The Provider does not guarantee any uptime for the running software.
The Provider provides support for functional questions, error correction and updates in accordance with the severity levels defined at pro-business.ch/de/support. Response times and escalation procedures are bindingly described there.
Updates and security patches are made available free of charge via the update channel. The installation of the updates is the responsibility of the Customer.
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8. Customer obligations
The Customer undertakes to treat the license file confidentially and not to pass it on to third parties. In the event of loss or compromise of the license file, the Provider must be informed without delay.
The Customer operates the ewws platform at its own responsibility. In particular, the correct commissioning of the PostgreSQL database, regular data backup, the management of user and role permissions and compliance with the compliance requirements applicable to it (GeBüV, VAT reporting, salary reporting, nDSG) are its responsibility.
The Provider is not liable for damages arising from improper use, inadequate data backup or missing updates on the customer side.
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9. Data protection
Within the scope of the order and support process, the Provider processes personal data of the Customer (company name, contact person, e-mail, phone, address, VAT number). The processing is carried out exclusively for contract handling and communication.
Detailed information on data processing is available in the privacy policy at pro-business.ch/de/privacy.
Should a data processing agreement (DPA) per nDSG be required for the Customer, the Provider concludes one on request.
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10. Liability
The Provider is liable without limitation in cases of intent and gross negligence. In cases of slight negligence, the Provider is liable only for the breach of essential contractual obligations and limited to the foreseeable damage typical for the contract.
The Provider's liability for financial losses, lost profit, data losses or consequential damages is limited to the amount of the license fee paid by the Customer for the current contract period.
Expressly excluded from the Provider's liability are consequential damages of third parties, in particular additional claims or penalties from tax authorities, social insurance or other public bodies, claims for damages from employees due to faulty payroll, as well as claims of third parties from incorrectly created invoices, documents or contracts. The professional correctness of these processes lies solely with the Customer.
The Provider is not liable for data loss or data corruption at the Customer. The Customer is solely responsible for a suitable backup strategy, regular data backups and the verification of recoverability. A data backup routine is not part of the ewws software.
The limitation of liability does not apply to personal injury or claims under the Product Liability Act.
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11. Contract term and termination
The contract is concluded for a fixed term of twelve months from activation of the license and ends automatically without termination.
If the Customer wishes an extension by a further twelve months, the Provider sends a new QR-bill in good time before the end of the contract. Upon its payment, the contract is extended by the corresponding term.
Ordinary termination during the term is not provided for. Extraordinary termination for good cause (e.g. material breach of contract by the other party) remains reserved for each party. Prepaid license fees are not refunded in the event of extraordinary termination, unless the Provider is responsible for the reason for termination.
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12. Final provisions
Amendments or supplements to this contract require written form by e-mail or letter. Verbal side agreements are invalid.
Should a provision of these GTC be or become invalid, the validity of the remaining provisions remains unaffected. The invalid provision is to be replaced by a valid one that comes closest to the economic purpose.
Swiss law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction for all disputes arising from this contract is Lucerne, Switzerland. Otherwise, the provisions of the Swiss Code of Obligations (CO) apply.
Terms and conditions for ewws.
These terms apply to all contracts between Arber Gashi, a self-employed software developer in Lucerne, and his business customers regarding the use of the ewws ERP platform. Version v1.1, as of 23.09.2026.