1. DEFINITIONS

For the purposes of this Agreement, the following terms shall have the meanings set forth below:

• “Agreement” means these general terms, the order form, and any annexed document signed between the Parties.
  
• “Client” refers to the legal or natural person subscribing to the services of LAMAP SA.
  
• “Service” means access to the platform, features, data, and tools provided by LAMAP SA.
  
• “Software” refers to all code, structures, algorithms, interfaces, systems, and technological components related to the Service.
  
• “Fees” refers to the amounts payable by the Client to LAMAP SA for use of the Service, as defined in the Order Form.
  
• “Equipment” refers to all technical means necessary to access the Service.
  
  

2. SUPPORT

2.1 Subject to the provisions of this Agreement, LAMAP SA agrees to provide the Service to the Client using commercially reasonable efforts. Technical support is available by email and through the online support system. The Client may submit support requests at any time via email or phone. LAMAP SA will make every effort to respond to requests as quickly as possible.

3. RESTRICTIONS AND RESPONSIBILITIES

3.1 The Client shall not, directly or indirectly, attempt to discover, reproduce, or modify the source code, object code, algorithms, models, know-how, or underlying structure of the Service and Software; create derivative works without prior written consent from LAMAP SA; use the Service for the benefit of third parties; remove proprietary notices; or capture or download data and analyses provided.

3.2 The Client guarantees to use the Service in compliance with LAMAP SA’s current Policy and all applicable laws and regulations. The Client agrees to indemnify LAMAP SA against any losses, damages, or expenses (including attorney fees) resulting from a breach of these commitments or misuse of the Service. LAMAP SA reserves the right to monitor use of the Service and prohibit any use it deems to be in violation of these terms.

3.3 The Client is responsible for obtaining and maintaining the Equipment required to access the Service. The Client is also responsible for the security of their account, passwords (including administrative), and any use of their account, with or without their consent.

4. CONFIDENTIALITY AND INTELLECTUAL PROPERTY

4.1 The Client acknowledges that LAMAP SA may share commercial, technical, or financial confidential information (“Confidential Information”), including non-public details regarding the functionality, performance, and specifications of the Service. The Client agrees to (i) take reasonable measures to protect this information, and (ii) not disclose or use it for purposes other than those provided for in this Agreement.

LAMAP SA acknowledges that this obligation does not apply to information that (a) is publicly available, (b) was already known to the Client, (c) was lawfully obtained from a third party, (d) was independently developed, or (e) must be disclosed by law.

4.2 The Client retains all rights to their own data, including data derived from or resulting from their use of the Service. LAMAP SA retains all rights to (a) the Service and Software, including enhancements, (b) any software or technology related to the Service or support, (c) the intellectual property rights thereof, and (d) any analytics, scores, and indexes generated by the Service.

4.3 LAMAP SA is authorized to collect and analyze aggregated and anonymized usage data for diagnostic, continuous improvement, and product development purposes.

5. PERSONAL DATA

5.1 LAMAP SA agrees to process the personal data of the Client and its users in accordance with applicable laws, including the Swiss Federal Data Protection Act (LPD) and, where applicable, the General Data Protection Regulation (GDPR).

6. PAYMENT AND FEES

6.1 The Client agrees to pay the Fees as stated in the Order Form, according to the terms specified therein. LAMAP SA reserves the right to adjust its pricing or introduce new fees after the initial period. In case of billing disputes, the Client must notify LAMAP SA within 60 days of the invoice date; otherwise, the invoice will be considered accepted.

7. TERM AND TERMINATION

7.1 This Agreement is concluded for the initial duration specified in the Order Form.

7.2 For monthly subscriptions, the Agreement is automatically renewed for successive one (1) month periods unless terminated in writing at least ten (10) days before the end of the current period.

7.3 For annual subscriptions, the Client commits to a firm period of one (1) year. The Agreement cannot be terminated before the end of the annual term. It is then automatically renewed for an identical period unless terminated in writing at least thirty (30) days before the renewal date.

7.4 In the event of a breach by either party of the clauses relating to payment, responsibilities, or confidentiality, the other party may terminate the Agreement by right, thirty (30) days after formal written notice remains unanswered. Confidentiality, payment obligations, liability limitations, and any clause which by nature survives termination shall remain in effect.

8. WARRANTY AND DISCLAIMER

LAMAP SA commits to maintaining a professional level of service and minimizing disruptions. The Service may be temporarily unavailable for scheduled or urgent maintenance or due to events beyond LAMAP SA’s control. Where possible, advance notice will be provided.

The Service is provided “as is”. No warranties are given regarding error-free or uninterrupted operation or the results derived from using the Service. All express or implied warranties, including merchantability or fitness for a particular purpose, are expressly disclaimed.

9. LIMITATION OF LIABILITY

LAMAP SA, ses employés et sous-traitants ne pourront être tenus responsables:

LAMAP SA, its employees, and subcontractors shall not be held liable: 

(a) for indirect, incidental, special, or consequential damages related to the use of the Service; 

(b) for events beyond their reasonable control; 

(c) for any amount exceeding the Fees paid by the Client in the twelve (12) months prior to the event giving rise to liability.

10. FORCE MAJEURE

Neither party shall be held liable for failure to perform its contractual obligations due to force majeure, including but not limited to: natural disasters, wars, strikes, government acts, widespread internet outages, or any other unforeseeable and unavoidable event.

11. MISCELLANEOUS

If any provision of this Agreement is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect. This Agreement may not be assigned or transferred by the Client without the prior written consent of LAMAP SA. LAMAP SA may freely assign this Agreement.

This Agreement constitutes the entire agreement between the Parties and supersedes all prior agreements. Any modification must be made in writing and signed by both Parties.

No agency, joint venture, or partnership is created by this Agreement. The Client may not bind LAMAP SA in any way.

All notices shall be in writing and deemed received as follows:

• Hand delivery: upon receipt

• Email or fax: upon confirmation of receipt

• Express courier: the day after dispatch

• Registered mail: upon receipt with acknowledgment
  
  

This Agreement is governed exclusively by Swiss law. In case of discrepancies in interpretation, the French version shall prevail.