Terms of Service

1. Scope and definitions

These Terms of Service ("Terms") govern access to and use of the Raika web application, related websites, APIs, and optional support or professional services (together, the "Service") offered by the legal entity named on our website or in your order confirmation ("Raika", "we", "us").

"Customer" means the company or other legal entity that registers for or subscribes to the Service. "User" means any person (e.g. administrator or employee) whom the Customer authorises to use the Service. "Customer Data" means data submitted to the Service by Customer or Users, including personal data relating to staff or third parties.

By creating an account, clicking to accept these Terms, or using the Service, Customer agrees to these Terms on behalf of itself and its Users. If you do not agree, do not use the Service.

Deviating or conflicting terms of Customer apply only if we expressly accept them in writing (including e-mail).

2. Contract language and changes

The contract language is English unless we agree otherwise in writing. We may update these Terms. We will notify Customer of material changes (e.g. by e-mail or in-app notice). Continued use after the effective date constitutes acceptance, except where mandatory law requires a different procedure. If Customer objects to material changes, Customer may terminate the subscription as set out below.

3. Service description and accounts

Raika provides cloud software for staff planning, availability, scheduling, and related workflows as described on our website and in your plan. We may deploy updates, modify features, or discontinue non-essential parts of the Service where reasonable, provided the core functionality of your plan is not unreasonably impaired.

Customer must provide accurate registration information and keep it current. Customer is responsible for all activity under its accounts and for safeguarding credentials. Customer must notify us promptly of unauthorised use.

Free trials or pilots, if offered, are governed by these Terms unless we specify otherwise. We may limit or end trials at any time.

4. Personal data and privacy

The Service processes personal data (for example names, contact details, availability, and scheduling information) that Customer and Users submit. Processing is described in our Privacy Policy. Customer acknowledges that it typically acts as controller for Customer Data about its employees and collaborators, and that Raika processes such data on documented instructions as processor where applicable under the Swiss Federal Act on Data Protection (FADP) and, where relevant, the EU/EEA General Data Protection Regulation (GDPR).

Customer warrants that it has a lawful basis for processing and transferring personal data to us and will inform data subjects as required. Customer will not submit special categories of personal data unless strictly necessary and with appropriate safeguards agreed in writing.

We implement appropriate technical and organisational measures. Sub-processors may be used as described in our Privacy Policy or a data processing agreement where required.

5. Acceptable use

Customer and Users must not:

• use the Service unlawfully or in a way that infringes third-party rights;
• attempt to probe, scan, or test vulnerabilities, or bypass security or access controls;
• reverse engineer, decompile, or circumvent technical limitations except where mandatory law allows;
• overload the Service, introduce malware, or use automated means to access the Service without our consent;
• resell or time-share the Service without our written agreement.

We may suspend or restrict access if we reasonably believe there is a breach, a security risk, or a legal obligation. We will inform Customer where practicable unless notice would frustrate the purpose of the measure.

6. Intellectual property

Raika and its licensors retain all rights in the Service, software, branding, and documentation. Subject to these Terms and payment of fees, we grant Customer a non-exclusive, non-transferable right for the subscription term for Users to access and use the Service for Customer's internal business purposes.

Customer retains its rights in Customer Data. Customer grants us a limited licence to host, process, transmit, and display Customer Data solely to provide, secure, and improve the Service and as required by law.

7. Fees, taxes, and payment

Fees, billing cycle, and payment method are set out in the applicable order, checkout, or agreement. Unless stated otherwise, fees are in Swiss francs (CHF) excluding VAT or other taxes, which Customer shall pay where applicable. Late payments may bear statutory default interest and lead to suspension after notice.

8. Term, termination, and data export

The subscription runs for the term selected (e.g. monthly or annual) and renews automatically unless cancelled in accordance with the product terms. Either party may terminate for cause if the other party materially breaches these Terms and fails to cure within thirty (30) days of written notice (where cure is possible).

On expiry or termination, access to the Service may end. We will delete or return Customer Data in line with our Privacy Policy and statutory retention duties. Customer is responsible for exporting data before termination where the Service offers export tools.

9. Warranties and disclaimer

We strive to provide a reliable Service but do not guarantee uninterrupted or error-free operation. The Service is provided "as is" and "as available" to the extent permitted by law. Customer remains responsible for decisions made using the Service (e.g. staffing and legal compliance with labour law).

Mandatory statutory warranties under Swiss law remain reserved where they cannot be validly excluded.

10. Liability

To the fullest extent permitted by applicable law, Raika is liable only for damages caused by intentional misconduct or gross negligence. Liability for slight or moderate negligence, indirect or consequential damages, loss of profit, loss of data (except where we have failed mandatory backup or security duties), and claims of third parties is excluded to the extent permitted.

Where liability is not excluded, our aggregate liability per contract year is limited to the fees Customer paid to us for the Service in the twelve (12) months preceding the event giving rise to liability, except for liability that cannot be limited under mandatory law.

For business customers (B2B), liability — where legally permissible — is further limited to typical, foreseeable damage of the kind that the contract envisages.

11. Confidentiality

Each party will protect the other's confidential information with reasonable care and use it only for the purpose of the Service. This obligation does not apply to information that is public, independently developed, or rightfully received from a third party without duty of confidence.

12. Force majeure

Neither party is liable for delay or failure due to events beyond reasonable control, including infrastructure outages of third-party providers, strikes, natural events, or actions of authorities, provided the affected party uses reasonable efforts to mitigate and notify the other party.

13. Governing law and venue

These Terms are governed by substantive Swiss law, excluding its conflict-of-law rules. The exclusive place of jurisdiction for all disputes arising from or in connection with these Terms is the ordinary courts at the registered seat of Raika, subject to mandatory consumer protections or statutory jurisdiction rules that cannot be waived.

14. Miscellaneous

If a provision is invalid, the remainder remains effective. We may assign the contract to an affiliate or in connection with a merger or sale of assets; Customer may not assign without our consent except to a successor of all or substantially all of its business.

Notices to Customer may be sent to the e-mail address on the account. Notices to Raika should be sent to the contact address published on the website or in the Service.