Company: Dreamlink Solutions GmbH
Im Halbiacker 5, 8352 Elsau, Switzerland
UID: CHE-461.111.760

Last updated: 3 September 2026

1. General Provisions

1.1 These General Terms and Conditions (“GTC”) govern all offers, subscriptions, and services provided by Dreamlink Solutions GmbH (“Dreamlink Solutions”, “Provider”) to business customers (“Customer”). They apply exclusively to B2B relationships.

1.2 By registering, placing an order, subscribing, or using the ERP platforms MyDolphin and CloudBook, the Customer accepts these GTC. If the Customer does not agree, the services may not be used.

1.3 Individual written agreements (including offers accepted in writing) prevail over these GTC. Additional terms may apply to specific modules or services. In case of conflict, the more specific provision prevails.

1.4 The Customer’s own terms and conditions are excluded unless Dreamlink Solutions has accepted them expressly in writing.

2. Scope of Services

2.1 Dreamlink Solutions provides MyDolphin and related products as Software-as-a-Service (SaaS) for the digitalization and automation of business processes (including sales, purchasing, warehouse and inventory, accounting, time reporting, CRM, and document automation), as described in the applicable offer, plan, or customer portal.

2.2 Services are subscription-based and subject to fees. Descriptions on the website are indicative; the binding scope is the confirmed order or selected plan.

2.3 The Customer receives a non-exclusive, non-transferable, non-sublicensable right to use the software during the contract term, solely for the Customer’s own internal business purposes and within the licensed user/company volume.

2.4 Dreamlink Solutions may involve subcontractors, provided the agreed service level is not materially diminished and confidentiality and data-protection obligations are imposed on such third parties.

2.5 Dreamlink Solutions may further develop, maintain, and reasonably adapt the services, provided the agreed core functionality is not materially impaired. Scheduled maintenance may cause temporary unavailability.

2.6 Production data is hosted in Switzerland. A change of data centre within Switzerland is permitted. A transfer abroad takes place only where legally allowed and as described in the privacy policy and the data-processing agreement.

2.7 Where Dreamlink Solutions offers a free trial (currently 30 days, unless the website or the offer states otherwise), the trial starts on account activation. It does not create a paid subscription unless the Customer places an order or expressly converts the trial. The Customer may cancel during the trial at any time (e-mail is sufficient). After expiry without an order, Dreamlink Solutions may suspend access and delete trial data after thirty (30) days, subject to statutory retention. These GTC apply mutatis mutandis during the trial.

3. Registration and Customer Obligations

3.1 Access requires a customer account and, where applicable, named users.

3.2 The Customer must provide complete and accurate information, keep login credentials confidential, and ensure that only authorized persons use the account. The Customer is responsible for all activity under its accounts.

3.3 The Customer provides, at its own cost, the data, access, and cooperation reasonably required for implementation, onboarding, or migration.

3.4 If data or cooperation is incomplete, delayed, or defective, Dreamlink Solutions may request correction, perform the service based on the information provided, postpone go-live, or terminate the implementation engagement and invoice proven expenses.

3.5 The Customer remains solely responsible for the lawfulness, accuracy, and quality of uploaded content, for third-party rights, and for compliance with applicable accounting, tax, and industry rules.

4. Fees and Payment; Default; Suspension

4.1 Prices are those stated on the website, in the customer portal, in the offer, or in the order confirmation. Unless expressly stated otherwise, prices are in Swiss francs (CHF) and exclusive of statutory VAT.

4.2 Subscription fees are payable in advance at the beginning of each subscription period, unless otherwise agreed. One-off services (implementation, training, custom development) are invoiced as set out in the offer.

4.3 Invoices are payable by the due date stated on the invoice (“zahlbar bis” / payable by). If no due date is stated, payment is due within ten (10) days of the invoice date. Payment is deemed received when credited to the account indicated on the invoice.

4.4 The Customer is entitled to pay up to and including the due date. Upon expiry of that date, the Customer is in default without a reminder if the invoice states a calendar due date (art. 102 para. 2 of the Swiss Code of Obligations). No reminder is required on or before the due date.

4.5 Continued use after the due date does not create a free licence. Open subscription periods, services already rendered, and accrued fees remain fully payable.

4.6 In default, the Customer owes default interest of five percent (5%) per annum. Dreamlink Solutions may also claim reasonable reminder and collection costs.

4.7 After default has occurred, Dreamlink Solutions will remind the Customer (e-mail to the address on file is sufficient). Reminders may be sent automatically. For a first default, Dreamlink Solutions will grant a grace period of at least seven (7) days for full payment.

4.8 If the grace period expires unused, Dreamlink Solutions may temporarily suspend access (licence inactive) until all amounts then due are paid. Suspension is not termination: the contract remains in force, the payment obligation continues, and customer data is not deleted during suspension. The Customer may request a data export within thirty (30) days of notice of suspension.

4.9 Repeated default (a further default within twelve months after a previous default) constitutes good cause. In that case Dreamlink Solutions may require prepayment, apply shorter payment terms, or suspend access after a shortened grace period of three (3) days.

4.10 After a further grace period of at least seven (7) days following suspension, Dreamlink Solutions may terminate the contract for good cause with immediate effect. If the contract is still in force, access will be restored after full settlement of outstanding amounts and any agreed reactivation costs.

4.11 Prices may be adjusted with effect from the end of a subscription period, subject to at least thirty (30) days’ prior notice. If the Customer does not terminate as of the period end, the new prices are deemed accepted.

5. Implementation and Support

5.1 Implementation and onboarding require the Customer’s active, timely cooperation. Dates are agreed in good faith and may be postponed if the Customer is not ready.

5.2 Sessions cancelled or missed by the Customer on short notice (less than two working days) may be invoiced up to 100% of the agreed fee, unless the Customer proves that Dreamlink Solutions suffered no or a lesser loss.

5.3 Complaints regarding implementation services must be notified in writing within thirty (30) days of the relevant session or delivery.

5.4 Support is provided according to the selected plan (channels, hours, and response targets as published or agreed). Support does not include custom development unless ordered separately.

6. Data Protection and Confidentiality

6.1 Personal data is processed in accordance with the Swiss Federal Act on Data Protection (FADP) and, where applicable, the EU GDPR, as further described in the privacy policy.

6.2 The Customer remains the owner and, as a rule, the controller of customer data. Dreamlink Solutions processes such data as processor for the performance of the contract. Processing is based on a data-processing agreement (DPA), which forms part of the contract or is provided in its current version on request. Sub-processors are engaged only in accordance with section 2.4.

6.3 Both parties shall keep confidential the other party’s trade secrets and non-public information and use them only for the contract. This obligation survives termination for three (3) years, and indefinitely for trade secrets.

7. Intellectual Property

7.1 All rights in the software, source code, databases (other than customer data), documentation, brands, and know-how remain with Dreamlink Solutions or its licensors.

7.2 No rights are granted beyond the limited right of use in section 2.3.

7.3 Reverse engineering, decompilation, circumvention of technical protection, benchmarking for competing products, or removal of copyright notices is prohibited except where mandatory law permits it.

8. Liability and Warranty

8.1 Dreamlink Solutions warrants that the software substantially conforms to the agreed specifications when used as intended.

8.2 No warranty is given for uninterrupted availability, complete freedom from defects, or fitness for a particular result not expressly agreed. The Customer is responsible for backups of data it can export.

8.3 Dreamlink Solutions is liable without limitation for intent and gross negligence, and for mandatory liability (including under the Product Liability Act and for injury to life, body, or health).

8.4 In all other cases, liability is excluded to the extent permitted by law for indirect and consequential damage, lost profit, loss of data, and pure economic loss. Where liability cannot be fully excluded, it is limited in aggregate to the subscription fees paid by the Customer in the twelve (12) months preceding the event giving rise to the claim.

8.5 Mandatory statutory rights remain reserved.

9. Term, Termination, and Suspension

9.1 The contract starts on activation of access or on written order confirmation, whichever is earlier.

9.2 Subscriptions run for the agreed period (monthly or yearly unless otherwise agreed) and renew automatically for the same period unless terminated in writing (e-mail sufficient) with thirty (30) days’ notice to the end of the current period.

9.3 Either party may terminate for good cause with immediate effect. Good cause includes in particular payment default after an unused grace period under section 4, insolvency or composition proceedings, abusive or unlawful use, infringement of intellectual property, or any other material breach that is not cured within a reasonable period after written notice.

9.4 Suspension under section 4.8 does not end the contract. After termination, the Customer may export its data within thirty (30) days. Thereafter Dreamlink Solutions may delete the data, subject to statutory retention duties.

9.5 Fees already paid for the current period are not refunded on ordinary termination, to the extent permitted by law. On termination for good cause by Dreamlink Solutions, outstanding amounts remain due.

10. Amendments to the GTC and Services

10.1 Dreamlink Solutions may amend these GTC. Material changes will be notified at least thirty (30) days in advance (e-mail sufficient). The Customer may terminate as of the effective date. Continued use after that date constitutes acceptance.

10.2 Services may be adapted or, for important reasons, discontinued. If a change materially reduces the agreed core functionality, the Customer may terminate the affected subscription as of the change date.

11. Severability

If any provision is invalid or unenforceable, the remaining provisions remain in effect. The invalid provision shall be replaced by a valid one that comes as close as possible to the economic purpose of the original.

12. Applicable Law and Jurisdiction

12.1 These GTC and the contract are governed exclusively by Swiss substantive law, excluding conflict-of-law rules and the CISG.

12.2 Exclusive place of jurisdiction is Winterthur, Canton of Zurich, Switzerland, unless mandatory law provides otherwise.