Company:
Dreamlink Solutions GmbH
Im Halbiacker 5, 8352 Elsau, Switzerland
UID: CHE-461.111.760
1. General Provisions
1.1 These General Terms and Conditions (“GTC”) govern the use of all offers, subscriptions, and services provided by Dreamlink Solutions GmbH (“Dreamlink Solutions”, “Provider”) to its clients (“Customer”, “User”).
1.2 By registering, subscribing, or otherwise using Dreamlink Solutions’ ERP platform MyDolphin, the Customer accepts these GTC and authorizes Dreamlink Solutions to process certain data in accordance with the respective service.
1.3 For specific modules, add-ons, or services, additional terms may apply. In the event of a conflict, those specific provisions shall prevail.
2. Scope of Services
2.1 Dreamlink Solutions offers its services in the form of Software-as-a-Service (SaaS), enabling automation and digitalization of business processes in areas such as sales, purchasing, warehouse and inventory management, accounting, time reporting, customer relations, and document automation.
2.2 Services are subscription-based and subject to fees. Additional functionalities (“Add-Ons”) may be activated separately.
2.3 The Customer is granted a non-exclusive, non-transferable right of use for the duration of the contract. Sub-licensing or transfer is prohibited.
2.4 Dreamlink Solutions may involve third parties in the provision of services, provided this does not diminish the agreed level of service.
2.5 Dreamlink Solutions reserves the right to further develop and adapt its services in line with technological progress, provided this does not materially impair the agreed functionality.
3. Registration and Customer Obligations
3.1 The Customer must register an account to access services. Dreamlink Solutions may require additional verification (e.g. identity checks for payment services).
3.2 The Customer undertakes to provide accurate and up-to-date information, to maintain confidentiality of login data, and to ensure that only authorized individuals use the account.
3.3 The Customer shall provide Dreamlink Solutions with all data necessary for implementation, onboarding, or migration in the form requested by Dreamlink Solutions, at their own cost and responsibility.
3.4 If the Customer provides incomplete, delayed, or defective data, Dreamlink Solutions may:
a. request immediate correction,
b. perform the service based on the data provided and retain the fee, or
c. terminate the contract and claim compensation for incurred expenses.
3.5 The Customer remains responsible for data accuracy, lawful content, and compliance with third-party intellectual property rights.
4. Fees and Payment
4.1 Subscription fees and module prices are published on Dreamlink Solutions’ website and in the customer portal.
4.2 Fees are payable in advance at the beginning of each subscription period.
4.3 Invoices must be paid within 10 days of issue unless otherwise agreed.
4.4 Default in payment may result in:
- interest of 5% per annum,
- reminder fees (CHF 20 per reminder),
- suspension of services or access,
- termination of contract without compensation.
4.5 Dreamlink Solutions may adjust prices at the end of a subscription term, in particular due to increased costs, technical progress, or further development of services.
5. Implementation and Support Services
5.1 If implementation or onboarding services are ordered, the Customer is obliged to cooperate actively, provide necessary data in due time, and be available for scheduled sessions.
5.2 Postponements, non-attendance, or late cancellations of agreed appointments may be invoiced up to 100% of the agreed service fee.
5.3 Complaints regarding implementation services must be submitted within 30 days of completion. After this period, claims are excluded.
5.4 Support is provided in accordance with the chosen subscription plan.
6. Data Protection and Confidentiality
6.1 Dreamlink Solutions processes personal data in accordance with the Swiss Data Protection Act (FADP) and the EU GDPR.
6.2 The Customer remains the sole owner of its data. Dreamlink Solutions will only process Customer data for contractual purposes.
6.3 Both parties are obliged to maintain confidentiality regarding trade secrets and sensitive information obtained in the course of the business relationship.
7. Intellectual Property
7.1 All rights to the software, source code, brands, and methodologies remain exclusively with Dreamlink Solutions.
7.2 The Customer acquires no rights beyond the limited right of use during the subscription term.
7.3 Reverse engineering, decompilation, or circumvention of technical protection measures is strictly prohibited.
8. Liability and Warranty
8.1 Dreamlink Solutions ensures that the software substantially conforms to the agreed specifications.
8.2 No warranty is given that the software will be entirely error-free or available without interruption. Minor defects that do not significantly impair functionality shall not be deemed contractual breaches.
8.3 Dreamlink Solutions shall only be liable for damages caused intentionally or through gross negligence.
8.4 Liability for indirect damages, consequential losses, loss of data, or lost profits is excluded to the maximum extent permitted by law.
8.5 Mandatory liability under Swiss law, including product liability and personal injury, remains unaffected.
9. Contract Duration and Termination
9.1 Contracts commence upon activation or order confirmation.
9.2 Unless terminated in accordance with the applicable notice periods, contracts renew automatically for the same duration.
9.3 Either party may terminate the contract with immediate effect for good cause, in particular in the event of:
- insolvency,
- unlawful use of the services,
- serious breach of these GTC.
9.4 After termination, the Customer may export its data within 30 days. Thereafter, Dreamlink Solutions may delete the data.
10. Amendments to the GTC and Services
10.1 Dreamlink Solutions may adapt these GTC at any time. Customers will be informed in writing or electronically. Continued use of services after notification constitutes acceptance.
10.2 Dreamlink Solutions may adapt or discontinue services. In the event of significant deterioration for the Customer, the Customer may terminate the affected service with one month’s notice.
11. Severability Clause
If any provision of these GTC is invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced with a valid one that best reflects its intended purpose.
12. Applicable Law and Jurisdiction
12.1 These GTC are governed exclusively by Swiss law, excluding conflict-of-law provisions and the UN Convention on Contracts for the International Sale of Goods (CISG).
12.2 The exclusive place of jurisdiction is Winterthur, Canton Zurich, Switzerland, unless mandatory law provides otherwise.
Dreamlink Solutions GmbH
Elsau, Switzerland