Status: June 28, 2026
1. Scope of Application
These General Terms and Conditions (hereinafter "Terms" or "AGB") of Panthea Group AG (hereinafter "Panthea Group" or "Contractor") apply to all services, software developments, and other digital services provided to clients (hereinafter "Client") in the B2B sector. Deviating, conflicting, or supplementary terms and conditions of the Client shall not become part of the contract unless their validity is expressly agreed to in writing by Panthea Group.
2. Conclusion of Contract and Scope of Services
A contract is concluded upon the signing of an individual service agreement, a framework agreement, a Statement of Work (SOW), or by written acceptance of an offer. The exact scope of services results from the respective contractual agreements. Panthea Group provides services to the best of its knowledge and belief and according to the current state of technology.
3. Liability and Limitation of Liability
As a digital product studio for software development, MVPs, and web applications, Panthea Group primarily provides services (mandate law according to Art. 394 et seq. of the Swiss Code of Obligations). Panthea Group does not guarantee any specific economic, commercial, or operational success through the provision of its services. The responsibility for the implementation of recommendations, strategic concepts, or the use of developed software prototypes (MVP) lies entirely with the Client.
Panthea Group is liable only for direct damages caused intentionally or by gross negligence. Any liability for slight negligence, indirect damages, consequential damages, lost profits, data loss, or damages caused by third parties is excluded to the maximum extent permitted by law.
4. Client's Obligations to Cooperate
The Client is obliged to provide Panthea Group in a timely manner with all information, data, and access necessary for the provision of services. If the Client fails to meet its obligations to cooperate, it shall bear the resulting consequences (such as delays or additional effort) itself. Panthea Group declines any liability for defects or delays attributable to insufficient cooperation.
5. Intellectual Property and Rights of Use
Unless otherwise agreed, all intellectual property rights (copyrights, patents, concepts, methodologies, source codes of prototypes) developed by Panthea Group before or during the project shall remain with Panthea Group. Upon full payment of the agreed remuneration, the Client receives a non-exclusive, non-transferable right to use the work result for the contractually intended purpose.
6. Confidentiality (NDA)
Both parties commit to treating all confidential information made accessible to them within the framework of the cooperation with strict confidentiality and not disclosing it to unauthorized third parties. This obligation continues to exist after the termination of the contract.
7. Fees and Payment Terms
Remuneration is based on the contractual agreement or the selected package. Unless explicitly agreed otherwise in writing, the following standardized payment terms apply: Initial audits and analyses (e.g. digital website audits) require 100% advance payment. Web and prototyping projects (e.g. Premium Website, Automation Prototype) are invoiced at 50% upon project kickoff and 50% upon completion / go-live. Larger MVP developments (e.g. MVP Sprint) are structured as 40% upon kickoff, 30% upon intermediate milestone, and 30% upon final acceptance. Invoices are payable without deduction within 14 days of the invoice date.
8. Termination
Service contracts can be terminated by either party at any time in accordance with the provisions of the Swiss Code of Obligations (Art. 404 CO). Services already rendered as well as demonstrably incurred expenses with regard to the mandate must be remunerated by the Client in any case. A claim for damages for lost profits in the event of termination at an inopportune time is reserved.
9. Applicable Law and Jurisdiction
The legal relationship between Panthea Group and the Client is exclusively governed by substantive Swiss law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the conflict of laws rules of the PILA. The exclusive place of jurisdiction for all disputes arising out of or in connection with these Terms or the underlying contracts is the registered office of Panthea Group (Herisau, AR).