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Terms and conditions of Bluestar Solutions Sàrl

Terms and conditions applicable to the use of the « Optera » software​

Edition of January 2023

1 Object​

1.1 The purpose of these terms and conditions is to define the rules of use of the « Optera » software developed by Bluestar Solutions Sàrl.

1.2 This is a « Software-as-a-Service » project management web application for all areas that operates under the SCRUM model.

1.3 A « Software-as-a-Service » solution is a software that operates 100% online and is provided by the service provider via a data network and which can be used by different users.

2 Scope​

2.1 The purpose of these terms and conditions is to determine the rights and obligations which govern the contract concluded between Bluestar Solutions Sàrl (hereinafter: « the service provider ») and any client wishing to use the "Optera" software (hereinafter : « the customer »).

2.2 These terms and conditions cover the provision of the « Optera » online application by Bluestar Solutions Sàrl, subject to the prior payment of a periodic fee by the customer.

2.3 Bluestar Solutions Sàrl will endeavor for its part to guarantee the proper functioning of the application according to the « best efforts » policy.

3 Service provider's obligations​

3.1 The service provider is authorized to provide the « Optera » solution in accordance with the contract. It offers the software, together with the basic software necessary for its operation, for the purpose of use by the customer via a data network.

3.2 The service provider provides the « Optera » solution within the agreed scope and taking into account the data protection and information security regulations.

3.3 The service provider is obliged to provide services and support in accordance with the contract.

3.4 During the term of the contract, the service provider grants the customer the simple, geographically unlimited and, unless otherwise provided, non-transferable right to use the « Optera » solution within the agreed scope. The customer may allow authorized users to use the « Optera » solution within the agreed scope.

3.5 During the term of the contract, the service provider undertakes to provide customers with a functional application.

3.6 The service provider offers the customer limited and non-contractually guaranteed technical assistance according to the « best efforts » policy.

4 Determination of the services and conclusion of the contract​

4.1 The « Optera » solution provides two categories of services, namely a « Starter » package and a « Premium » package.

4.2 The « Starter » plan includes a user license for a maximum of 5 users (and 10 users with « read only » use), for a price of CHF 10.- per month or CHF 100.- per year.

4.3 The « Premium » plan includes a user license for a number of users from 6 to 250 (and 20 users with « read only » use per user), for a price of CHF 6.- per user per month, or of CHF 60.- per user per year.

4.4 A contract is deemed concluded by online registration and payment by the customer. The customer has been made aware of the content of these general conditions and confirms, by its validation and payment, to have read and accept them.

5 Prices and payment terms​

5.1 The prices of the royalties provided for in the packages above are inclusive of VAT.

5.2 The prices are the same for Swiss, European or worldwide customers. The prices expressed in CHF are also valid in EUR and USD.

5.3 The use of the software is subject to the prepayment of the monthly or annual fee corresponding to the package chosen. In case of non-payment of the following fee, the contract ends.

6 Limitation and exclusion of liability​

6.1 The service provider excludes all liability on its part or on the part of its employees and auxiliaries, in accordance with art. 100 and 101 par. 2 CO, art. 100 para. 1 CO being reserved.

6.2 The service provider cannot in any way be held liable for damages resulting in particular from one of the following events:

  • A temporary failure of the servers;
  • An intrusion on the servers;
  • A virus ;
  • An incident, disturbance or interruption of services due to an unforeseeable event;
  • An unlawful act, fraudulent use or intentional damage to the service provider's equipment and/or materials;
  • A case of force majeure.

6.3 When the service provider's liability is engaged, it is in all cases limited to the amount of the annual fee paid by the customer.

6.4 The service provider expressly excludes all liability for consequential, mediate, special, punitive or incidental damages such as loss of profit, loss of profit, operating loss, non-profit, unrealized savings and all other consequential damages as well as third-party claims against the customer. This exclusion of liability extends to any subcontractors and auxiliaries of the service provider.

7 Data protection​

7.1 The data of the software itself, as well as the data provided by the customer in the software are hosted by the service provider on servers in Europe (in any case when the user is European. For use outside Europe, hosting is potentially provided outside Europe as well).

7.2 The service provider ensures that the processing of this data on the servers is protected against misuse by taking appropriate measures with its subcontractors. However, it cannot be held responsible for any misuse of customer data by third parties.

7.3 The service provider ensures the integrity, availability and confidentiality of data by appropriate measures with its subcontractors.

7.4 The service provider makes a daily backup of the data stored on the servers rented by the service provider.

7.5 When the customer deletes data from the software, without anything else being provided for the storage of this information with the service provider, this data is definitively and irretrievably lost 96 hours after its deletion. The service provider has a back-up of 96 hours maximum on the data stored on the server. It is therefore up to the customer to call on the service provider within a maximum of 48 hours from the loss or deletion of data. Failing this, this data will be permanently lost and any liability of the service provider is excluded.

7.6 The payment data concerning the external service provider “Stripe” are stored with this service provider according to their own terms of use.

8 Modification of the terms and conditions​

8.1 These terms and conditions replace all previous terms and conditions as well as all conditions resulting from previous contracts concluded between the parties.

8.2 The service provider reserves the right to modify these terms and conditions at any time. Any changes will be made available to the customer in writing at least 30 days before their planned entry into force and will be deemed accepted by the customer without written objection from him within 30 days, any written objection being considered as a termination of the contract.

9 Beginning and end of the contract​

9.1 The contract and the terms and conditions come into force immediately upon conclusion of the contract by the customer and the first online payment of the corresponding fee.

9.2 It ends as soon as a monthly or annual fee has not been paid or in the event of termination by one of the parties.

9.3 The service provider may terminate the contract, without any particular reason, by written termination within 30 days for the end of a month or for the end of the contractual year.

9.4 The customer can terminate the contract at any time directly online or by deleting his account from the application. However, he remains bound by his obligation to pay the fee due until the end of the current contractual period (monthly or annual).

10 Applicable law and forum​

10.1 These terms and conditions and the contract, as well as any dispute relating to or in connection with their interpretation or application, are exclusively subject to Swiss law.

10.2 In the event of a dispute, the judicial authorities of the Republic and canton of Neuchâtel have exclusive jurisdiction.