Serverless Computing Service (FaaS)
evrtng functions, Dorfstrasse 1, CH-8934 Knonau (hereinafter “Provider”)
1. Scope of Application and Subject Matter of the Contract
1.1 These GTC apply exclusively to contracts with businesses (B2B) within the meaning of the Swiss Code of Obligations (CO). They govern the provision and use of the Serverless Computing Service (“Service”).
1.2 The Service is a cloud-based Function-as-a-Service (FaaS) platform featuring event-driven execution of code (“Functions”), automatic scaling within system-defined limits, and usage-based billing (pay-per-use).
1.3 Any deviating terms and conditions of the Customer shall not apply unless their validity is expressly agreed to in writing (text form suffices).
1.4 In addition, the current Service Description, the Service Level Agreement (SLA), the Acceptable Use Policy (AUP), the Price List, and the Data Processing Agreement (DPA) shall apply. In the event of any conflicts, these specific documents shall take precedence over the General Terms and Conditions.
2. Scope of Services and Shared Responsibility
2.1 The Provider provides the Service in accordance with the current Service Description. 2.2 The Service includes, in particular, the execution of functions, automatic scaling within system-defined limits, and integration with supported services.
2.3 The Provider is not obligated to provide, in particular, permanent data persistence (unless agreed separately), individual customizations, or customer-specific developments.
2.4 The Provider is entitled to further develop the Service technically, provided that the contractually agreed main services are not significantly impaired.
2.5 Shared Responsibility Model: The Provider is responsible for the operational capability of the underlying infrastructure. The Customer bears sole responsibility for its code, its security, configuration, data storage, backups, and the legally compliant use of the Service.
3. Service Levels (SLA)
3.1 Availability and other service levels are set forth in the separate SLA.
3.2 Excluded from the SLA calculation are, in particular, scheduled maintenance windows, technically necessary cold starts, short-term scaling delays, system-imposed limits, and disruptions beyond the Provider’s control.
3.3 If the agreed availability is not met, the customer receives the service credits defined in the SLA. These constitute the primary and final remedy for SLA violations and are offset against any claims for damages.
4. Customer Obligations
4.1 The customer shall use the service exclusively in compliance with the contract and applicable law.
4.2 In particular, the customer is prohibited from: distributing malware or illegal content, abusively overloading the Service (over-invocation), circumventing technical safeguards or limits, and any use that infringes the rights of third parties.
4.3 The Customer is responsible for the development, operation, and security of its code, the correct configuration, backup, and restoration of its data, and compliance with all legal requirements (including data protection and export controls).
4.4 The Customer must maintain appropriate data backup measures (backups).
4.5 Disruptions or security incidents must be reported to the Provider immediately, at the latest within 24 hours of becoming known.
5. Fees and Payment Terms
5.1 Use is based on the pay-per-use model in accordance with the current price list.
5.2 The Provider is entitled to adjust prices with 30 days’ notice. In the event of a price increase, the Customer has a special right of termination effective upon the change taking effect.
5.3 Invoices must be paid net within 30 days. In the event of late payment, statutory default interest applies.
6. Term and Termination
6.1 The contract is concluded for an indefinite period.
6.2 It may be terminated by either party with three months’ notice to the end of a quarter.
6.3 The right to terminate the contract for cause remains unaffected.
6.4 For customers based in the EU, the switching provisions of the EU Data Act set forth in Section 7 also apply.
7. Data, Contract Termination, and Switching (Exit)
7.1 The customer remains the sole owner of all rights to their data and digital assets (“exportable data”). The Provider receives only the revocable license necessary for the provision of services.
7.2 Upon termination of the contract (for any reason), the Provider shall provide the Customer with the option to export the exportable data in a common, machine-readable format for at least 90 days.
7.3 Additional provision for EU customers (EU Data Act, Chapter VI): The Customer has the right to terminate the contract at any time with a notice period of up to two months in order to switch to another provider or to port the data on-premise. The provider undertakes to remove all pre-commercial, commercial, technical, contractual, and organizational obstacles and to cooperate in good faith. The switching process shall take place without undue delay and within a maximum transitional period of 30 calendar days following the expiration of the notice period (extendable only in cases of demonstrable technical impracticability). The Provider shall provide reasonable assistance with the export and migration. Until January 12, 2027, switching charges may only be agreed upon in advance on a cost-recovery basis and in a transparent manner; as of that date, they shall no longer apply (except for early termination penalties, to the extent permitted). The Provider shall provide a detailed list of exportable data and any exceptions (e.g., trade secrets).
7.4 Upon expiration of the export period, the Provider is entitled to delete the data in its entirety, provided that no statutory retention obligations preclude this.
8. Liability and Warranty
8.1 The Provider shall be liable without limitation for damages resulting from intent, gross negligence, and for injuries to life, limb, or health.
8.2 In cases of slight negligence, the Provider shall be liable only to the extent that essential contractual obligations are breached, the fulfillment of which is essential for the proper performance of the contract and on whose compliance the Customer may regularly rely. In such cases, liability is limited to typical, foreseeable damages and capped at the amount of fees paid by the customer in the last twelve months.
8.3 Liability for data loss is excluded provided the customer has fulfilled their backup obligation (Section 4.4) or the loss would have been unavoidable even with proper data backup.
8.4 Liability for indirect damages, in particular lost profits, loss of use, or consequential damages, is excluded to the extent permitted by law.
8.5 Service credits in accordance with the SLA constitute the exclusive remedy for breaches of availability. Mandatory statutory liability provisions (e.g., product liability) remain unaffected.
9. Data Protection and Data Processing
9.1 The Provider processes personal data exclusively on behalf of and in accordance with the Customer’s instructions, in compliance with the Revised Federal Act on Data Protection (revDSG) or the GDPR (for EU data).
9.2 The parties shall enter into a separate Data Processing Agreement (DPA) for this purpose, which forms an integral part of the Contract.
9.3 The Provider shall implement appropriate technical and organizational measures (TOMs) to protect the data. The Customer remains the data controller; the Provider is the data processor.
9.4 The engagement of sub-processors requires the prior consent of the Customer (general or case-specific consent is possible; right to object). For international transfers, appropriate safeguards (e.g., standard contractual clauses) shall be implemented.
9.5 In the event of a data breach, the Provider shall notify the Customer immediately.
10. Intellectual Property and Confidentiality
10.1 All rights to content, code, and data provided by the Customer remain with the Customer. The Provider receives a non-exclusive right of use limited to the term of the contract, to the extent necessary for the provision of the Service.
10.2 Both parties undertake to treat all non-publicly accessible information as confidential. This obligation shall remain in effect for a further three years after the termination of the contract.
11. Changes to the Terms and Conditions and the Service
11.1 The Provider is entitled to amend these Terms and Conditions and the Service with future effect, provided there is a valid reason (e.g., technical advancements, legal changes) and the changes are reasonable for the Customer.
11.2 Changes will be notified to the Customer in writing at least 30 days prior to their effective date. The Customer has the right to object to the change. In the event of an objection or in the case of material changes, the Customer is entitled to a special right of termination upon the change taking effect.
12. Final Provisions
12.1 Swiss law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory provisions of EU law (in particular the EU Data Act for EU customers) remain unaffected.
12.2 The exclusive place of jurisdiction is Zurich, to the extent permitted by law. In the event of mandatory EU jurisdiction law, the legally prescribed forum shall apply.
12.3 Should individual provisions be invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The parties undertake to replace the invalid provision with a valid one that most closely approximates the economic purpose.
12.4 Amendments and supplements to this contract must be in writing (email is sufficient).
evrtng functions, Knonau, March 2026