GTC
1. Scope and general information
These General Terms and Conditions (GTC) of Mentron KLG, Alpsteinstrasse 35, 9240 Uzwil (hereinafter referred to as “Mentron”) apply to all business relationships between Mentron and its customers. Mentron offers its customers services in the field of online software (machine learning and optimisation). It owns and operates the website www.mentron.ch and several subdomains for this purpose. A customer is defined as any natural or legal person who maintains business relations with Mentron. These GTC apply exclusively. Any terms and conditions that conflict with, supplement, or deviate from these GTC require the express written confirmation of Mentron in order to be valid. By using Mentron's services and www.mentron.ch or by concluding a contract, the customer confirms that they fully accept these GTC. For reasons of better readability, the masculine form is used in these GTC for personal designations and specific nouns. Corresponding terms apply to all genders in the sense of equal treatment. The abbreviated form is used for editorial reasons only and does not imply any value judgment.
2. Information from Mentron
Mentron brochures and advertising material, as well as the website www.mentron.ch and posts on social media channels, contain information about services. Prices and offers are subject to change, as are technical specifications. All information (service descriptions, illustrations, films, dimensions, weights, technical specifications, and other details, as well as prices) is non-binding and does not constitute a guarantee of characteristics or warranties, unless explicitly stated otherwise. Mentron endeavors to provide all information and details correctly, completely, up-to-date, and clearly, but Mentron cannot guarantee this either explicitly or implicitly. All information is provided without guarantee and may change at any time without notice prior to the conclusion of a contract.
3. Prices
Unless otherwise stated, all prices are net prices in Swiss francs (CHF), excluding value added tax (VAT). The applicable statutory value added tax will be added to the prices quoted.
4. Conclusion of contract
Mentron's offers and quotations constitute an invitation to the customer to make use of its services. The offers and quotations are not binding on Mentron. Offers, dates, and deadlines announced by Mentron prior to the conclusion of the contract are subject to change and non-binding. The contract is concluded upon written order confirmation by Mentron. Mentron has the right to suspend or terminate the ordered service or parts thereof at any time and to withdraw from the contract in whole or in part. Services already rendered up to this point in time must be remunerated by the customer. In the event of partial or complete termination of the contract, Mentron is not obliged to provide a replacement delivery or service, nor is it obliged to pay compensation.
5. Payment methods
The customer can choose from the payment methods specified during the ordering process. By selecting an online payment method, the customer authorizes Mentron to collect payment using the corresponding method. When paying by invoice, the customer is obliged to pay the amounts invoiced by Mentron within the period specified on the respective invoice, but no later than 30 days after the invoice date. If the invoice is not paid within the aforementioned payment period, the customer is automatically in default and owes default interest at the statutory rate of 5% as well as further default damages (collection costs, etc.). For each written reminder (by email or post), the customer will be charged a reminder fee of CHF 30. Mentron reserves the right to demand payment in advance at any time without giving reasons. If payment is not made within the deadline, Mentron is entitled to refuse any further services and/or withdraw from the contract. Offsetting the invoiced amount against any claims the customer may have against Mentron is not permitted.
6. Mentron's obligations
Unless otherwise agreed, Mentron shall fulfill its obligations by providing the agreed service. Mentron shall perform regular data backups. Mentron shall grant the customer access to their uploaded data and results at any time. Mentron shall provide the customer with support (during business hours).
7. Obligations of the customer
The customer is obliged to take all necessary precautions for the provision of the service by Mentron immediately and at their own expense. In particular, they must upload their data themselves and carry out the appropriate configuration.
8. Subscriptions
Subscriptions with a fixed term are automatically extended for the same term unless terminated in writing by one of the parties before expiry.
9. Warranty
Mentron undertakes to provide the agreed services with due care and to the best of its knowledge and belief. The service specified in the contract or in the service description shall be decisive. The customer is obliged to report any recognizable defects in writing immediately, at the latest within seven days of discovery. Hidden defects must be reported immediately after their discovery. In the event of a justified and timely notification of defects, Mentron has the right to subsequent performance. If the subsequent performance fails, the customer may demand a reasonable reduction in remuneration or, in the case of significant defects, withdraw from the contract. No warranty is provided for damage caused by improper use or unauthorized modifications by the customer. Warranty claims expire one year after the start of the statutory limitation period, unless a longer period is prescribed by law.
10. Liability
The use of Mentron's services is at the customer's own risk. Accordingly, Mentron excludes any liability, regardless of its legal basis, as well as claims for damages against Mentron and any auxiliary persons and vicarious agents. In particular, Mentron is not liable for failures in the services of cloud providers, nor for indirect damage and consequential damage, loss of profit, or other personal injury, property damage, or pure financial loss suffered by the customer or third parties. Further mandatory legal liability, for example for gross negligence or unlawful intent, remains reserved.
11. Intellectual property rights
All copyrights and other property rights to the services provided by Mentron are exclusively reserved to Mentron without any restrictions in terms of time, subject matter, or location. These services constitute the intellectual property of Mentron and include, in particular, all texts, photographs, graphics, and other works created by Mentron. Any further use requires the express written consent of Mentron. Mentron reserves the right to charge additional costs for corresponding usage licenses. Neither these GTC nor any associated individual agreements contain the transfer of intellectual property rights, unless this is explicitly mentioned. If the customer uses content, texts, or visual material in connection with Mentron to which third parties have property rights, the customer must ensure that no third-party property rights are infringed, otherwise they must indemnify Mentron in full.
12. Changes
These General Terms and Conditions may be changed by Mentron at any time. The customer will be informed of the change in advance by email or post. The new version shall come into force if the customer does not object within 14 calendar days.
13. Confidentiality
Both parties undertake to treat all information submitted or acquired in connection with Mentron's services (hereinafter referred to as "confidential information") as strictly confidential. Confidential information includes, but is not limited to, technical, commercial, financial, legal, operational, and other information, as well as trade secrets, regardless of whether this information is disclosed verbally, in writing, electronically, in physical form, or in any other form. The receiving party may only use confidential information for the purpose of cooperation between the parties. Disclosure to third parties is only permitted with the prior written consent of the disclosing party. The receiving party undertakes to take all reasonable measures to maintain the confidentiality of the information. Excluded from the confidentiality obligation is information that was already lawfully known to the receiving party, that becomes generally known without breach of this agreement, that is lawfully obtained from an authorized third party, and that must be disclosed due to legal requirements, official or court order, in which case the receiving party shall, to the extent legally permissible, immediately inform the disclosing party of such disclosure obligation.This confidentiality obligation shall apply for the duration of the contract between the parties and for a period of three years after its termination. Upon termination of the contract between the parties, the receiving party shall, at the request of the disclosing party, immediately return all confidential information and copies thereof or destroy them in a verifiable manner, unless this conflicts with any statutory retention obligations.
14. Force majeure
If Mentron is unable to fulfill its obligations within the specified time due to force majeure, such as natural disasters, earthquakes, volcanic eruptions, avalanches, pandemics, storms, thunderstorms, wars, unrest, civil wars, revolutions and uprisings, terrorism, sabotage, strikes, nuclear accidents or reactor damage, Mentron shall be released from the performance of the affected obligations for the duration of the force majeure and a reasonable start-up period after its end. If the force majeure lasts longer than 30 days, Mentron may withdraw from the contract. Mentron shall reimburse the customer in full for any payments already made for services not yet rendered. Any further claims, in particular claims for damages as a result of force majeure, are excluded.
15. Data Protection
The protection of your customers' personal data is important to Mentron. Mentron takes the issue of data protection seriously and ensures appropriate security. Mentron processes and maintains personal data in accordance with the provisions of the Federal Data Protection Act (DSG), the Ordinance on the Federal Data Protection Act (VDSG), and, where applicable, other data protection regulations, particularly the General Data Protection Regulation of the European Union (GDPR). The customer acknowledges and agrees that Mentron processes their personal data for the purpose of providing its services and also shares it with third parties. The customer can withdraw this consent at any time in writing (an email is sufficient). The customer agrees that Mentron may use their data for advertising measures (online or print), in particular to provide them with information about offers. The customer has the option to object to these advertising purposes at any time by notifying Mentron. Furthermore, reference is made to Mentron's privacy policy, available at www.mentron.ch.
16. Additional Provisions
Should individual provisions of these GTC be wholly or partially null and/or ineffective, the validity and/or effectiveness of the remaining provisions or parts thereof shall remain unaffected. The invalid and/or ineffective provisions will be replaced by those that come closest in a legally effective manner to the meaning and purpose of the invalid and/or ineffective provisions. apply. The same applies in the event of any gaps in the regulation. regulation. In the event of disputes, only substantive Swiss law shall apply, excluding conflict of laws norms. application. The place of jurisdiction is Will SG, unless the law provides for mandatory places of jurisdiction. provides. These GTCs will be translated into various languages. translated. Legally binding is only the German version.
Last update: Uzwil, November 20, 2025