1. Scope

These Terms and Conditions govern the legal relationship between FirstMedia Solutions GmbH, Lerchenfeldstrasse 3, CH-9014 St. Gallen (hereinafter “Saley,” “we,” “us,” or “our”) and its contractual partners (hereinafter “Customer”) with respect to the use of the Software-as-a-Service platform offered by Saley, as well as all related services.
These Terms and Conditions are intended exclusively for businesses (B2B). Consumers as defined in Art. 3(a) of the Unfair Competition Act (UWG) are excluded from use.

2. Subject Matter of the Contract and Services

2.1 Saley operates a cloud-based online platform (“Platform”) through which the customer can, among other things, create, edit, send, analyze, and electronically sign digital sales and presentation documents (“Documents”).
2.2 The Platform is provided exclusively via remote access (Software as a Service, “SaaS”); local installation is not provided for.
2.3 The scope of functions and services is determined by the selected subscription plan (“Subscription”) and the service description published on the Platform at the time of the order.
2.4 Saley is entitled to improve the platform, add features, or remove features at any time, provided that this does not significantly impair the essential scope of services.
2.5 Interfaces (API) & Third-Party Integration: The customer may connect third-party applications (e.g., Bexio) via the interfaces documented by Saley. Saley is solely responsible for providing the API. Saley assumes no liability for the availability, functionality, security, or support of third-party applications. The customer shall ensure that they are authorized to establish the connection and comply with the third-party provider’s contractual terms and privacy policy.

3. Registration, Contract Formation, and User Accounts

3.1 The contract is concluded as soon as the customer checks the box “I accept the Terms and Conditions” during registration or uses the platform.
3.2 The customer agrees to provide truthful and complete information during registration and to keep this information up to date throughout the term of the contract.
3.3 Each user receives a personal login. Disclosing login credentials to third parties is prohibited.
3.4 The customer is liable for all activities carried out under their user accounts.

4. Customer Obligations

4.1 The customer is obligated to use the platform only in accordance with applicable laws and these Terms and Conditions.
4.2 The customer shall ensure that all content uploaded to the platform by the customer or its authorized users (“Customer Content”) does not infringe on the rights of third parties and is free of malware.
4.3 The customer must set up appropriate backup solutions and regularly create backup copies of their data.

5. Grant of Rights and Responsibility for Customer Content

5.1 The customer retains ownership of all customer content.
5.2 The customer grants Saley a non-exclusive, worldwide, royalty-free right, limited to the term of the agreement, to use the customer content for the purposes of fulfilling the agreement, maintaining, improving, securing, and analyzing the platform.
5.3 The Customer shall indemnify Saley against all claims by third parties arising from the unlawful use or provision of Customer Content (in particular, infringements of copyright, trademark rights, personality rights, or data protection).

6. Prohibited Content and Activities

The customer may not post any content or take any actions that

• violate applicable law, in particular by distributing pornographic, racist, violence-glorifying, or defamatory content,
• infringe on the intellectual property rights or personality rights of third parties,
• contain malware or other malicious code,
• impair the operation or security of the platform.
  Saley reserves the right to delete content that is unlawful or violates these Terms and Conditions without prior notice and to suspend the account in question.

7. Compensation and Payment Terms

7.1 Use of the platform is subject to a fee, unless otherwise agreed. The amount of the fees is determined by the pricing plan selected upon conclusion of the contract.
7.2 All prices are net, plus applicable value-added tax.
7.3 Billing: Billing occurs exclusively on a monthly basis in advance via credit card through Stripe; the billing period is thirty (30) calendar days.
7.4 If the customer falls behind on a payment or if the registered credit card cannot be charged, access to the platform will be automatically blocked immediately. Access will not be restored until full payment has been received.

8. Availability, Maintenance, and Service Levels

8.1 Saley aims for an average annual target platform availability of 99.5%. This does not constitute a representation or warranty.
8.2 Scheduled maintenance windows and periods of force majeure are not considered downtime.
8.3 Saley is entitled to perform regular maintenance and security updates. Maintenance work will be announced 48 hours in advance, to the extent reasonably possible.

9. Warranty (Disclaimer of Warranties)

9.1 The Platform is provided to the Customer “as is” and without any express or implied warranty, to the extent permitted by law.
9.2 Saley specifically disclaims any warranty regarding quality, fitness for a particular purpose, availability, security, or freedom from errors, to the extent permitted by law. Contractually warranted characteristics exist only if they are expressly designated as such in writing.

10. Liability

10.1 Saley shall have unlimited liability for damages caused by willful misconduct or gross negligence, as well as for injury to life, body, or health.
10.2 In cases of slight negligence, Saley shall be liable only for breaches of material contractual obligations (cardinal obligations) and limited to the foreseeable damages typical for this type of contract; but in any case, liability shall not exceed the net fees paid by the customer in the twelve (12) months prior to the occurrence of the damaging event.
10.3 Saley shall not be liable for indirect damages, consequential damages, lost profits, or data loss.
10.4 Saley assumes no liability whatsoever for the legality or freedom from licensing restrictions of customer content, including uploaded images. The customer bears sole responsibility and indemnifies Saley against all claims.
10.5 Saley is not liable for disruptions, data loss, or other damages resulting from third-party integrations.

11. Intellectual Property Rights to the Platform

11.1 All rights to the platform, including software, designs, databases, and documentation, remain exclusively with Saley or its licensors.
11.2 The customer is granted only a non-exclusive, non-transferable, and non-sublicensable right of use for the term of the contract.

12. Data Protection

12.1 Saley processes the customer’s personal data in accordance with the revised Federal Act on Data Protection (DSG) and, where applicable, the EU General Data Protection Regulation (GDPR).
12.2 Further details can be found in the separate privacy policy at
12.3 By default, documents are made available via a unique, cryptographically generated link. These links are generally publicly accessible to anyone who has the link. The customer is responsible for the secure sharing and management of the links. Saley recommends sharing links only with authorized recipients
12.4 All data is encrypted during transmission (TLS) and stored in encrypted form at rest.

13. Confidentiality

Both parties agree to keep all confidential information obtained under this agreement confidential and not to disclose it to third parties.

14. Term of the Agreement and Termination

14.1 The contract is entered into for an indefinite term.
14.2 The customer may cancel the subscription at any time through the account settings, effective at the end of the current 30-day billing period.
14.3 The right to terminate the contract without notice for good cause remains unaffected.

15. Changes to the Terms and Conditions

Saley may amend these Terms and Conditions at any time. The customer will be notified of any changes in writing at least 30 days before they take effect. If the customer does not object within this period,

18. Governing Law and Jurisdiction

18.1 This Agreement is governed exclusively by Swiss substantive law, to the exclusion of the Swiss International Private Law Act (IPRG) and international conventions.

18.2 The exclusive venue for all disputes arising out of or in connection with this contract is St. Gallen, Switzerland.

Last updated: June 22, 2025