General Terms and Conditions (GTC)

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Scope of Application
These General Terms and Conditions ("GTC") apply to the self-employed business activities of Dr. Fabian Muhly (hereinafter "Owner") through the initiative DRMUHLY.  c/o Leo & Muhly Ltd., Blaufahnenstrasse 10, 8001 Zürich (hereinafter "Company"). The Owner provides paid and unpaid services in the fields of cybersecurity, risk management, coaching and affiliate marketing, as well as related services, particularly in consulting, training and research.

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These GTC apply to the above-mentioned services as well as to other services provided directly or indirectly by the Owner to the client. However, for all services and products purchased through third-party collaborating brands, the general terms and conditions, as well as data protection regulations of the respective third party, shall apply. The Owner assumes no responsibility for contracts made between the client and such third-party providers. For all other services offered directly through this website under DRMUHLY. (see section ACCELERATE.), the GTC of DRMUHLY. and the Company shall apply.

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Conclusion of Contract
A contract is concluded upon the client's acceptance of the Owner's offer concerning the purchase of services, products, or licenses.

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A contract is also deemed concluded when the client makes use of the Owner's services, products, or licenses.

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Prices
Unless otherwise stated, all prices are in Swiss francs (CHF) and exclusive of any applicable value-added tax (VAT) and other taxes.

The Owner reserves the right to change prices at any time. The price valid at the time of contract conclusion applies to the customer.

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Payment
The customer must pay the invoiced amount within 30 days of the invoice date. If payment is not received within this period, the customer will be reminded. Failure to pay within the reminder period results in default, and the customer will owe default interest at a rate of 5%. The Owber reserves the right to demand advance payment at any time without providing reasons.

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Offsetting against the invoiced amount is not permitted. The Owner reserves the right to withhold services, products, or licenses in case of non-payment.

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Duties of the Owner

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Provision of Services
Unless otherwise agreed, the Owner fulfills its contractual obligations by providing the agreed service, either at the client’s premises or as contractually determined. In all other cases, the Owner's registered office is considered the place of performance.

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Auxiliaries
Both parties may engage auxiliaries to fulfill contractual duties, ensuring compliance with all legal provisions and agreements.

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Duties of the Customer

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Exercise of Rights of Use
The customer may only exercise granted rights of use within the agreed scope. The customer must make all necessary arrangements to enable the Owner to provide its services.

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By accepting these GTC, the client confirms having full legal capacity and being of legal age. The client also guarantees that provided information is accurate, up-to-date, and lawful.

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Duties to Cooperate
The client must promptly provide necessary documents and information for service provision. The Owner assumes that such information is correct and complete unless otherwise agreed in writing.

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Withdrawal

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Services
Both parties may withdraw from the contract at any time. However, withdrawal at an inopportune time is not permitted, and any costs incurred up to the point of withdrawal shall be borne by the client. If cancellation occurs less than 30 days before a defined delivery date, the full contract amount remains payable.

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Products
Exchanges of products such as research reports and studies are excluded.

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Retention of Title
Ownership of products remains with the Owner until full payment is received. Until then, resale, rental, or pledging of products is prohibited.

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Warranty
The Owner endeavors to ensure the availability and security of www.drmuhly.com but does not guarantee uninterrupted functionality or virus-free files. The Owner is not liable for inaccuracies or damages resulting from system failures, hacking, or malware. Any defects must be reported immediately.

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Liability
Liability for indirect and consequential damages is excluded. Direct damages are limited to the value of the purchased service, product, or license, except in cases of gross negligence or intentional misconduct. The Owner assumes no liability for auxiliaries.

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Intellectual Property Rights
The Owner retains all intellectual property rights related to its services, products, and trademarks. No rights are transferred unless explicitly agreed.

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The use, publication, or distribution of Owner's content without explicit approval is prohibited. Clients must ensure that third-party property rights are not infringed when using such content.

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Data Protection
The Owner may process and use client data for contract fulfillment, taking necessary security measures. By accepting these GTC, the client consents to data storage and usage. If not explicitly prohibited, the Owner may use data for marketing and share it with partners for advertising. Data necessary for service provision may be shared with third parties.

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The Owner's data protection regulations apply.

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Changes
These GTC may be amended at any time. The latest version published on the Owner’s website applies unless the client has agreed to a newer version.

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Priority
These GTC take precedence over previous versions and contracts, except where specific provisions in individual agreements deviate from these terms.

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Severability Clause
If any provision of these GTC is found to be invalid, the remaining provisions remain unaffected. The invalid provision will be replaced with one that most closely aligns with the intended economic purpose.

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Confidentiality
Both parties and their auxiliaries shall treat all exchanged information confidentially, even after contract termination.

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Force Majeure
The Owner is relieved from its obligations in cases of force majeure, including pandemics, natural disasters, wars, strikes, and cyberattacks. If force majeure lasts longer than 30 days, the Owner may terminate the contract, reimbursing any payments made. Additional claims for damages are excluded.

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Applicable Law / Place of Jurisdiction
These GTC are governed by Swiss law. The competent court at the Company’s registered office has jurisdiction unless mandatory legal provisions dictate otherwise. The United Nations Convention on Contracts for the International Sale of Goods (SR 0.221.221.1) is explicitly excluded.