Terms of Service

These Terms apply to all contractual relationships between the Client and Booksquare regarding the use of the Booksquare platform, including any associated services. The Terms are accepted upon registration or first use and remain in effect for the duration of use. Any terms and conditions of the Client that deviate from or supplement these Terms shall not apply unless expressly agreed to in writing.

Booksquare is a cloud-based software solution developed for antiquarian, rare, and second-hand booksellers to manage their inventory, orders, contacts, consignment workflows, catalogues, and marketplace synchronization. Access is provided via the internet as Software-as-a-Service (SaaS). The Service is hosted in Switzerland (Microsoft Azure, Switzerland North) and continuously developed.

The core functions are described at www.booksquare.ch. New features may be added and existing ones adjusted. Booksquare reserves the right to adapt functionality to improve the product, correct errors, or comply with legal requirements. The Client has no claim to the maintenance of specific features.

The Service is provided on an "as is" and "as available" basis. Booksquare does not guarantee that the Service will be uninterrupted, error-free, or free of harmful components. No express or implied warranties are made regarding the suitability of the Service for any particular purpose.

The use of the Service requires the creation of a user account. Upon registration, a legally binding contract is concluded between Booksquare and the Client. Only businesses may register. Booksquare reserves the right to refuse or terminate registrations without stating reasons.

The person registering must be at least 18 years of age and authorized to enter into binding agreements on behalf of the business entity. By registering, the Client confirms that the Service will be used exclusively for commercial purposes.

The Client is responsible for maintaining the confidentiality of all login credentials and for all activities that occur under their account. Booksquare must be notified immediately if unauthorized access is suspected. Booksquare accepts no liability for damages arising from the misuse of login credentials.

The Service is subject to payment. Current subscription models are described on the website. Booksquare may adjust pricing with at least 30 days' advance notice. The applicable version is the one published at the time of subscription renewal.

Fees are charged in advance. Invoices are issued electronically. Access may be restricted if payment obligations are not met. No refunds are granted for partial months or unused services.

Unless otherwise agreed, contracts are concluded for the duration of the selected subscription period and renew automatically unless cancelled by either party with effect from the end of the current billing cycle. Cancellation may be submitted directly via the platform or in writing.

Booksquare reserves the right to terminate access with immediate effect in case of violations of these Terms or legal obligations. After termination, access to the account is blocked. The Client may request a data export within 30 days. Data will be permanently deleted no later than 90 days after termination unless retention is required by law.

Booksquare may suspend access to the Service without prior notice if: (a) the Client is in material breach of these Terms; (b) payment remains overdue after a reminder; (c) there is reasonable suspicion that stored data violates applicable laws or third-party rights; or (d) the Client's activities pose a security risk to the platform or other users. Booksquare will inform the Client of the suspension and its reasons. Access will be restored once the underlying issue is resolved.

Clients are responsible for the accuracy and legality of all data entered into the platform, including personal and bibliographic data. The Client is responsible for managing user accounts and access rights within their organization.

Misuse of the Service, such as unauthorized use, reselling, manipulation of the system, or reverse engineering is prohibited. In case of security risks or violations, Booksquare may suspend access.

The Client warrants that all data, content, and material uploaded to the platform does not infringe any third-party rights, including intellectual property rights, privacy rights, or data protection regulations, and complies with all applicable laws in the jurisdictions where the Client operates.

The Client agrees to indemnify and hold harmless Booksquare, its directors, employees, and agents against any claims, demands, losses, damages, costs, and expenses (including reasonable legal fees) arising from or related to: (a) the Client's breach of these Terms; (b) the Client's data or content; (c) any infringement of third-party rights; or (d) any violation of applicable laws by the Client.

Booksquare strives for high system availability (target: 99.5% annually). This target excludes scheduled maintenance windows, emergency maintenance, and circumstances beyond Booksquare's reasonable control. Maintenance and necessary downtime will be announced in advance where possible. Support is provided electronically and in accordance with the subscription tier.

Booksquare does not guarantee uninterrupted or error-free operation of the Service. Temporary unavailability due to technical issues, updates, or external factors does not constitute a breach of contract and does not entitle the Client to compensation.

Booksquare uses reliable third-party providers for service delivery, including Microsoft Azure (hosting), SendGrid (email dispatch), and Stripe (payment processing).

Booksquare is not liable for any failures, service interruptions, or data issues caused by third-party providers, provided Booksquare has exercised reasonable care in selecting and monitoring such providers.

The Client's use of third-party marketplace integrations (such as Abebooks, Biblio or similar platforms) is subject to those platforms' own terms and conditions. Booksquare facilitates data synchronization but is not responsible for the availability, accuracy, or functionality of external marketplace APIs. Any disputes arising from marketplace transactions are between the Client and the respective marketplace.

Booksquare processes personal data in accordance with the Swiss Federal Act on Data Protection (FADP) and the EU General Data Protection Regulation (GDPR). The Privacy Policy available at www.booksquare.ch is part of these Terms.

Upon request, Booksquare provides a Data Processing Agreement (DPA) in compliance with Art. 28 GDPR. Personal data is stored in Switzerland. For detailed information on data processing, subcontractors, security measures, and analytics tools used, please refer to the Privacy Policy.

Booksquare retains all rights to the platform, source code, design, and content. Clients receive a non-exclusive, non-transferable right to use the Service for the duration of their subscription. All data entered by the Client remains their property.

The Client may not copy, modify, distribute, sell, or lease any part of the Service, nor may the Client reverse engineer or attempt to extract the source code, except where such restrictions are prohibited by applicable law.

Booksquare is liable only for damages caused by gross negligence or wilful intent. Any liability for slight negligence is excluded to the maximum extent permitted by applicable law.

Liability for indirect damages, consequential harm, loss of profit, loss of data, loss of business opportunities, reputational damage, or claims brought by third parties is excluded in all cases, regardless of whether such damages were foreseeable.

Booksquare provides no warranty for the accuracy, completeness, or timeliness of data entered by the Client or data received from third-party integrations and marketplaces.

Booksquare is not liable for unauthorized access to client data by third parties (such as cyberattacks or hacking attempts), provided Booksquare has implemented reasonable security measures as described in the Privacy Policy.

The Client bears sole responsibility for all data, content, and files stored on the platform, including ensuring compliance with applicable laws, licensing requirements, and third-party rights.

In all cases, Booksquare's total aggregate liability is limited to the amount of fees paid by the Client in the 12 months prior to the incident.

The limitations set forth in this section do not apply to liability for death or personal injury caused by negligence, or for fraudulent misrepresentation, to the extent such exclusions are prohibited by law.

Neither party shall be liable for any failure or delay in performing its obligations under these Terms if such failure or delay results from circumstances beyond that party's reasonable control. Such circumstances include, but are not limited to: natural disasters, acts of war or terrorism, pandemics, government actions or regulations, power outages, telecommunications failures, cyberattacks, or disruptions to internet infrastructure. The affected party shall notify the other party promptly and make reasonable efforts to mitigate the impact.

These Terms are subject to Swiss law. The exclusive place of jurisdiction is Zurich, Switzerland.

Should any provision of these Terms be invalid or unenforceable, the validity of the remaining provisions remains unaffected. The invalid provision shall be replaced by a valid provision that most closely achieves the original commercial intent.

Booksquare reserves the right to amend these Terms at any time. Changes will be communicated at least 30 days before they take effect via email to the address on file. Continued use of the Service after the effective date constitutes acceptance of the amended Terms. It is the Client's responsibility to maintain accurate contact information.

The Client may not assign or transfer any rights or obligations under these Terms to a third party without Booksquare's prior written consent. Booksquare may assign its rights and obligations to a successor entity in connection with a merger, acquisition, or sale of substantially all of its assets.

The failure of Booksquare to enforce any provision of these Terms shall not constitute a waiver of that provision or the right to enforce it at a later time.

Amendments must be made in writing.

Privacy Policy (www.booksquare.ch/privacy-policy) forms an integral part of these Terms. A Data Processing Agreement (DPA) is available upon request.