Serverless Computing Service (FaaS)
evrtng functions, Dorfstrasse 1, CH-8934 Knonau (hereinafter “Provider”)
1. Scope of Application and Subject Matter of the Contract
1.1 These GTC apply exclusively to contracts with businesses (B2B) within the meaning of the Swiss Code of Obligations (CO). They govern the provision and use of the Serverless Computing Service (“Service”).
1.2 The Service is a cloud-based Function-as-a-Service (FaaS) platform featuring event-driven execution of code (“Functions”), automatic scaling within system-defined limits, and usage-based billing (pay-per-use).
1.3 Any deviating terms and conditions of the Customer shall not apply unless their validity is expressly agreed to in writing (text form suffices).
1.4 In addition, the current Service Description, the Service Level Agreement (SLA), the Acceptable Use Policy (AUP), the Price List, and the Data Processing Agreement (DPA) shall apply. In the event of any conflicts, these specific documents shall take precedence over the General Terms and Conditions.
2. Scope of Services and Shared Responsibility
2.1 The Provider provides the Service in accordance with the current Service Description. 2.2 The Service includes, in particular, the execution of functions, automatic scaling within system-defined limits, and integration with supported services.
2.3 The Provider is not obligated to provide, in particular, permanent data persistence (unless agreed separately), individual customizations, or customer-specific developments.
2.4 The Provider is entitled to further develop the Service technically, provided that the contractually agreed main services are not significantly impaired.
2.5 Shared Responsibility Model: The Provider is responsible for the operational capability of the underlying infrastructure. The Customer bears sole responsibility for its code, its security, configuration, data storage, backups, and the legally compliant use of the Service.
3. Service Levels (SLA)
3.1 Availability and other service levels are set forth in the separate SLA.
3.2 Excluded from the SLA calculation are, in particular, scheduled maintenance windows, technically necessary cold starts, short-term scaling delays, system-imposed limits, and disruptions beyond the Provider’s control.
3.3 If the agreed availability is not met, the customer receives the service credits defined in the SLA. These constitute the primary and final remedy for SLA violations and are offset against any claims for damages.
4. Customer Obligations
4.1 The customer shall use the service exclusively in compliance with the contract and applicable law.
4.2 In particular, the customer is prohibited from: distributing malware or illegal content, abusively overloading the Service (over-invocation), circumventing technical safeguards or limits, and any use that infringes the rights of third parties.
4.3 The Customer is responsible for the development, operation, and security of its code, the correct configuration, backup, and restoration of its data, and compliance with all legal requirements (including data protection and export controls).
4.4 The Customer must maintain appropriate data backup measures (backups).
4.5 Disruptions or security incidents must be reported to the Provider immediately, at the latest within 24 hours of becoming known.
5. Fees and Payment Terms
5.1 Use is based on the pay-per-use model in accordance with the current price list.
5.2 The Provider is entitled to adjust prices with 30 days’ notice. In the event of a price increase, the Customer has a special right of termination effective upon the change taking effect.
5.3 Invoices must be paid net within 30 days. In the event of late payment, statutory default interest applies.
6. Term and Termination
6.1 The contract is concluded for an indefinite period.
6.2 It may be terminated by either party with three months’ notice to the end of a quarter.
6.3 The right to terminate the contract for cause remains unaffected.
6.4 For customers based in the EU, the switching provisions of the EU Data Act set forth in Section 7 also apply.
7. Data, Contract Termination, and Switching (Exit)
7.1 The customer remains the sole owner of all rights to their data and digital assets (“exportable data”). The Provider receives only the revocable license necessary for the provision of services.
7.2 Upon termination of the contract (for any reason), the Provider shall provide the Customer with the option to export the exportable data in a common, machine-readable format for at least 90 days.
7.3 Additional provision for EU customers (EU Data Act, Chapter VI): The Customer has the right to terminate the contract at any time with a notice period of up to two months in order to switch to another provider or to port the data on-premise. The provider undertakes to remove all pre-commercial, commercial, technical, contractual, and organizational obstacles and to cooperate in good faith. The switching process shall take place without undue delay and within a maximum transitional period of 30 calendar days following the expiration of the notice period (extendable only in cases of demonstrable technical impracticability). The Provider shall provide reasonable assistance with the export and migration. Until January 12, 2027, switching charges may only be agreed upon in advance on a cost-recovery basis and in a transparent manner; as of that date, they shall no longer apply (except for early termination penalties, to the extent permitted). The Provider shall provide a detailed list of exportable data and any exceptions (e.g., trade secrets).
7.4 Upon expiration of the export period, the Provider is entitled to delete the data in its entirety, provided that no statutory retention obligations preclude this.
8. Liability and Warranty
8.1 The Provider shall be liable without limitation for damages resulting from intent, gross negligence, and for injuries to life, limb, or health.
8.2 In cases of slight negligence, the Provider shall be liable only to the extent that essential contractual obligations are breached, the fulfillment of which is essential for the proper performance of the contract and on whose compliance the Customer may regularly rely. In such cases, liability is limited to typical, foreseeable damages and capped at the amount of fees paid by the customer in the last twelve months.
8.3 Liability for data loss is excluded provided the customer has fulfilled their backup obligation (Section 4.4) or the loss would have been unavoidable even with proper data backup.
8.4 Liability for indirect damages, in particular lost profits, loss of use, or consequential damages, is excluded to the extent permitted by law.
8.5 Service credits in accordance with the SLA constitute the exclusive remedy for breaches of availability. Mandatory statutory liability provisions (e.g., product liability) remain unaffected.
8.6 The Provider shall not be liable for any damages arising from or in connection with the use of the Service, including but not limited to business interruption, loss of revenue, data corruption, security incidents, or other damages resulting from the execution, malfunction, delay, or unavailability of Customer’s Functions. The Customer acknowledges that the Service is provided on an “as-is” basis and bears sole responsibility for testing and validating their Functions before production use. The exclusion pursuant to Sentences 1 and 2 does not apply to damages caused by intent or gross negligence on the part of the Provider.
9. Data Protection and Data Processing
9.1 The Provider processes personal data exclusively on behalf of and in accordance with the Customer’s instructions, in compliance with the Revised Federal Act on Data Protection (revDSG).
9.2 The parties shall enter into a separate Data Processing Agreement (DPA) for this purpose, which forms an integral part of the Contract.
9.3 The Provider shall implement appropriate technical and organizational measures (TOMs) to protect the data. The Customer remains the data controller; the Provider is the data processor.
9.4 The engagement of sub-processors requires the prior consent of the Customer (general or case-specific consent is possible; right to object). For international transfers, appropriate safeguards (e.g., standard contractual clauses) shall be implemented.
9.5 In the event of a data breach, the Provider shall notify the Customer immediately.
10. Intellectual Property and Confidentiality
10.1 All rights to content, code, and data provided by the Customer remain with the Customer. The Provider receives a non-exclusive right of use limited to the term of the contract, to the extent necessary for the provision of the Service.
10.2 Both parties undertake to treat all non-publicly accessible information as confidential. This obligation shall remain in effect for a further three years after the termination of the contract.
11. Changes to the Terms and Conditions and the Service
11.1 The Provider is entitled to amend these Terms and Conditions and the Service with future effect, provided there is a valid reason (e.g., technical advancements, legal changes) and the changes are reasonable for the Customer.
11.2 Changes will be notified to the Customer in writing at least 30 days prior to their effective date. The Customer has the right to object to the change. In the event of an objection or in the case of material changes, the Customer is entitled to a special right of termination upon the change taking effect.
12. Final Provisions
12.1 Swiss law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory provisions of EU law (in particular the EU Data Act for EU customers) remain unaffected.
12.2 The exclusive place of jurisdiction is Zurich, to the extent permitted by law. In the event of mandatory EU jurisdiction law, the legally prescribed forum shall apply.
12.3 Should individual provisions be invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The parties undertake to replace the invalid provision with a valid one that most closely approximates the economic purpose.
12.4 Amendments and supplements to this contract must be in writing (email is sufficient).
evrtng functions, Knonau, March 2026
B2C Addendum to the General Terms and Conditions
This addendum extends the existing General Terms and Conditions (AGB) of evrtng functions, Dorfstrasse 1, CH-8934 Knonau (“Provider”) to include consumers (“Konsumenten” as defined in the Swiss Unfair Competition Act, UWG) as customers. The existing B2B clauses remain in full force; the following clauses supplement them for consumer contracts.
§1.1 Scope of Customers (amended)
The Service is directed at entrepreneurs (B2B) and consumers (B2C). For consumer contracts, the consumer protection provisions of the Swiss Code of Obligations (OR) Art. 219c to 219i apply, in addition to these Terms and Conditions. Where B2B and B2C provisions conflict, the more consumer-protective provision shall prevail for consumer customers.
§2 Definitions
“Consumer” means a natural person who concludes a contract for a purpose that is neither attributable to their commercial nor to their self-employed professional activity (OR Art. 2 lit. c). “Digital service” means a service supplied in digital form, including the serverless computing platform, function execution, and related API access provided by evrtng functions.
§3 Right of Withdrawal (Widerrufsrecht)
§3.1 Statutory Right of Withdrawal
Consumers have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the day of conclusion of the contract (OR Art. 219c Abs. 1).
To exercise the right of withdrawal, the consumer must inform the Provider (evrtng functions, Dorfstrasse 1, CH-8934 Knonau, email: legal@evrtng.cloud) by means of a clear statement (e.g. a letter sent by post or email) of their decision to withdraw from this contract. The consumer may use the model withdrawal form provided in the Annex to this addendum, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for the consumer to send their communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
§3.2 Effects of Withdrawal
If the consumer withdraws from this contract, the Provider shall reimburse all payments received from the consumer, without undue delay and in any event not later than 14 days from the day on which the Provider is informed of the consumer’s decision to withdraw from this contract. The Provider will carry out such reimbursement using the same means of payment as the consumer used for the initial transaction, unless the consumer has expressly agreed otherwise; in any event, the consumer will not incur any fees as a result of such reimbursement.
§3.3 Exception: Loss of Withdrawal Right for Digital Services
The Provider draws the consumer’s express attention to OR Art. 219c Abs. 3 lit. b: the right of withdrawal does not apply to contracts for the supply of digital content or digital services where the Provider has begun performance of the contract, after the consumer has expressly requested that performance begin, and has acknowledged that they thereby lose their right of withdrawal.
The serverless computing platform provided by evrtng functions constitutes a digital service within the meaning of this provision. By signing up for the Service and deploying functions or invoking actions for the first time, the consumer expressly requests that performance of the digital service begin and acknowledges that the right of withdrawal under OR Art. 219c expires once performance has commenced.
Specifically, the right of withdrawal expires when any of the following occurs, whichever happens first:
- The consumer creates their first namespace on the platform;
- The consumer deploys a function or action to the platform;
- The consumer invokes a function or action via the API or web interface;
- The consumer acknowledges the loss of withdrawal right during the signup flow.
The consumer confirms at signup, by checking a dedicated checkbox and clicking “Acknowledge”, that they have read and understood that the digital service (serverless function execution) will begin immediately upon first use and that the right of withdrawal expires once performance has begun.
§3.4 Pre-contractual Information
Before the consumer is bound by a contract, the Provider provides the following information in accordance with OR Art. 219d:
- The identity of the Provider: evrtng functions, Dorfstrasse 1, CH-8934 Knonau;
- The characteristics of the digital service (serverless computing platform based on Apache OpenWhisk);
- The total price of the digital service, or, where the price cannot reasonably be calculated in advance, the manner in which the price is to be calculated;
- The existence and conditions of the right of withdrawal, including the cases referred to in OR Art. 219c Abs. 3;
- The minimum duration of the contract, where applicable (monthly subscriptions until cancelled);
- The functionality and relevant interoperability of the digital content, where applicable.
§4 Model Withdrawal Form
(complete and return this form only if you wish to withdraw from the contract)
To: evrtng functions, Dorfstrasse 1, CH-8934 Knonzu, email: legal@evrtng.cloud
I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
Ordered on (*)/received on (*): _______________
Name of consumer(s): _______________
Address of consumer(s): _______________
Signature of consumer(s) (only if this form is notified on paper): _______________
Date: _______________
(*) Delete as appropriate.
§5 Consumer Warranty Rights
Consumers retain the statutory warranty rights under OR Art. 197 et seq. and Art. 219g. The Provider warrants that the Service will substantially conform to the description provided at the time of conclusion of the contract. For consumer contracts, the warranty period is two years (OR Art. 219g Abs. 1).
§6 Changes to the Service for Consumers
For consumer contracts, changes to the Service or to these Terms and Conditions that affect the essential characteristics of the digital service require the consumer’s consent (OR Art. 219i). The Provider will notify consumers of any such changes at least 30 days before they take effect. If the consumer does not agree to the changes, they may terminate the contract without notice and receive a pro-rata refund of any prepaid fees.
§7 Applicable Law and Jurisdiction (Consumer)
For consumer contracts, Swiss law applies exclusively. The place of jurisdiction is at the consumer’s domicile (OR Art. 219h). The Provider may bring proceedings only in the court of the consumer’s domicile.
Nothing in these Terms and Conditions deprives the consumer of the protection afforded by mandatory provisions of Swiss law that cannot be derogated from by contract.
§8 Language
These Terms and Conditions are available in German and English. In the event of any inconsistency between the two language versions, the German version shall prevail.
Annex: Model Withdrawal Form is provided in §4 above.
evrtng functions, Dorfstrasse 1, CH-8934 Knonau. Version 1.0. Swiss law applies.
