Effective date: 16.02.2026

These Terms of Service ("Terms") govern access to and use of the SimpleDMS hosted cloud service ("Service"). By creating an account, starting a trial, or using the Service, you agree to these Terms.

1. Provider and contact

Provider (Service owner): Marco Beierer Oberlandstrasse 78, 3700 Spiez, Switzerland
Email: email@marcobeierer.ch
VAT: CHE-295.503.789 MWST

2. Scope and audience

The Service is offered primarily to organizations (B2B) in Switzerland and the EU/EFTA. Direct use by individuals (B2C) is offered only to individuals located in Switzerland.

These Terms apply only to the hosted cloud Service. Use of the open source/self-hosted version of SimpleDMS is governed by the applicable open source license and/or a separate agreement, not by these Terms.

3. Key documents and order of precedence

The following documents apply:

If a DPA is executed, the DPA prevails over these Terms for data-processing specifics. For fees, plan limits, and support scope, the pricing and plan details pages prevail.

4. Definitions

  • "Customer" means the organization or individual that signs up for the Service and pays fees (if any).
  • "Tenant" means an organization workspace within the Service.
  • "Authorized Users" means users invited or managed by a Customer within a Tenant.
  • "Customer Content" means any files, documents, data, and metadata uploaded or created by Customer/Authorized Users in the Service.

5. Accounts and tenant administration

  • You must provide accurate information when registering and keep it up to date.
  • You are responsible for maintaining the confidentiality of credentials and for all activities under your accounts.
  • Tenant administrators manage user access, roles, permissions, and Tenant settings.

6. Trial, subscription term, cancellation, and deletion

6.1 Free trial

The Service can be tested free of charge for 30 days. No credit card is required to start the trial.

If a Customer does not switch to a paid plan by the end of the trial, the Provider may suspend access and terminate the trial account/tenant.

6.2 Term and cancellation

Subscriptions are month-to-month and renew automatically for one month at a time unless cancelled.

Cancellation is available via the Service (where available) and is effective at the end of the current billing period if completed no later than the last day of that period.

6.3 Deletion after termination

After cancellation/termination, Customer Content is deleted after 30 days. Deleted data may remain in backups for up to 365 days until overwritten, as described in the Privacy Policy.

Customers must export/download any required data and backups before cancellation or trial end. The Provider has no obligation to retain Customer Content beyond the deletion timelines described in these Terms and the Privacy Policy.

7. Fees, invoicing, payment processing, and taxes

7.1 Pricing, currency, and plan limits

Current fees, plan limits, included support scope, and other plan details are published at https://simpledms.ch/en/pricing and https://simpledms.eu/en/pricing.

Fees are stated in CHF or EUR, depending on the Customer's billing country.

7.2 Invoicing and non-payment

In the beginning, fees are billed by invoice.

Payment by bank transfer (including SEPA) is supported; payment details are shown on the invoice.

Unless stated otherwise on an invoice or in a separate agreement, invoices are due within 30 days.

Invoice disputes must be submitted in writing within 10 days of the invoice date.

If an invoice remains unpaid after the due date, the Provider may (after reminder/notice) suspend access to the Service until payment is received.

7.3 Later card payments (Stripe)

Later, card payments may be offered via Stripe. If enabled, Stripe's terms may apply to payment processing.

7.4 Taxes (including reverse charge) and payment fees

Unless stated otherwise, fees are exclusive of applicable taxes.

Swiss VAT is charged where required.

For business customers in the EU/EEA, VAT is generally handled under the reverse-charge mechanism where applicable. The Customer must provide a valid VAT identification number and is responsible for VAT reporting and payment obligations.

The Customer is responsible for bank, transfer, and foreign-exchange fees charged by the Customer's payment providers.

7.5 Price changes (including inflation)

The Provider may change fees, including due to increased costs or inflation. Fee changes will be communicated at least 30 days in advance and apply from the next billing period/renewal. If the Customer does not agree with the change, the Customer may cancel the subscription effective at the end of the current billing period.

8. Acceptable use

You must not (and must not allow others to):

  • use the Service for unlawful purposes or upload illegal content;
  • attempt unauthorized access, circumvent security, probe, scan, or test vulnerabilities without permission;
  • interfere with or disrupt the Service (including excessive load, automated scraping, or abuse);
  • upload malware or content designed to harm systems or data.

The Provider may suspend, restrict, or terminate access to protect the Service, other customers, or third parties.

9. Customer Content

  • The Customer retains all rights in Customer Content.
  • The Customer is responsible for Customer Content, including legality and having the required rights and permissions.
  • The Customer grants the Provider a limited, non-exclusive right to host, process, transmit, and display Customer Content solely to provide, secure, and improve the Service, and to provide support as permitted by Tenant configuration and applicable agreements (including any DPA).

10. Backups, exports, and restore with the open source version

  • The Customer is responsible for regularly exporting and downloading backups of Customer Content and configurations.
  • Provider-side backups (if any) are for operational purposes and disaster recovery and are not a substitute for the Customer's own backups.
  • Exports can be restored using the open source version of SimpleDMS. Any assistance with restoring an export is provided only on request and may require a separate support arrangement.

11. Support, availability, and changes

Support scope (including any end-user support limits) is described on the pricing and plan details pages.

The Service may be updated, changed, or temporarily unavailable for maintenance or technical reasons. Unless expressly agreed in writing, no specific uptime or service-level commitment is provided.

12. Intellectual property

The Service, including its software, design, and branding (excluding Customer Content), is owned by the Provider or its licensors. Subject to these Terms, the Customer receives a limited, non-transferable right to use the Service during the term.

13. Disclaimer of warranties

To the maximum extent permitted by applicable law, the Service is provided "as is" and "as available". The Provider disclaims all warranties, whether express or implied, including fitness for a particular purpose and non-infringement.

14. Limitation of liability

To the maximum extent permitted by applicable law:

  • The Provider is not liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, goodwill, or data.
  • The Provider's total aggregate liability arising out of or related to the Service or these Terms is limited to the fees actually paid by the Customer for the Service in the 12 months preceding the event giving rise to the claim.

Nothing in these Terms limits liability where it cannot be limited under applicable law.

15. Indemnification (B2B)

For business customers, the Customer will indemnify and hold the Provider harmless from third-party claims arising out of Customer Content or the Customer's breach of these Terms, to the extent permitted by law.

16. Governing law, jurisdiction, and language

These Terms are governed by Swiss law, excluding conflict-of-law rules.

The competent courts at the Provider's seat in Spiez (Canton of Bern), Switzerland, have exclusive jurisdiction, subject to mandatory provisions for consumers (where applicable).

Translations may be provided for convenience. If the English and German versions conflict, the English version prevails.

17. Changes to these Terms

The Provider may update these Terms. The effective date at the top indicates the current version. Material changes will be communicated in an appropriate way (e.g., in-app notice or email). Continued use of the Service after the effective date of an update constitutes acceptance of the updated Terms.

18. Miscellaneous

  • If any provision is held invalid, the remaining provisions remain in effect.
  • These Terms (together with referenced documents such as the Privacy Policy and any agreed DPA) form the entire agreement regarding the Service, unless replaced or supplemented by a written agreement signed by both parties.