General Terms and Conditions
1. Contracting party
The contracting party is Marco Gomez Bitolykou, operating under the trade name "Orvayo" (a sole proprietorship under Swiss law, not entered in the commercial register). "Orvayo" is not a separate legal entity — all rights and obligations arising from a contract fall to the owner personally. See the Legal Notice for full details.
2. Scope of application
These terms apply to projects agreed between Orvayo and a client following an individual proposal. Deviating individual agreements take precedence.
3. Offers and prices
Service descriptions given on this website are non-binding. Prices are deliberately not disclosed publicly. A binding offer with scope, price and timeline only arises after an individual assessment (discovery/scoping) and a written proposal.
4. Client cooperation duties
The client provides the information, access and feedback required for the project within a reasonable timeframe. Delays on the client's side may affect the timeline.
5. Changes to project scope
Changes to the agreed scope are discussed before implementation and, if necessary, recorded in an updated proposal — never automatically or retroactively without consent.
6. Ownership and usage rights
Rights in delivered work pass to the client only upon full payment. Until then they remain with Orvayo.
What is transferred is a non-exclusive right of use, unlimited in time and territory, in the specific deliverable for the agreed purpose. Any broader or exclusive transfer requires an express written agreement.
Rights in reusable building blocks are not transferred: Orvayo's own libraries, templates, components, methods and the general know-how gained remain with Orvayo and may continue to be used, including for other clients. This does not apply to the client's own content and data.
Content, data and trademarks supplied by the client remain the client's. The client warrants holding the necessary rights in them.
Orvayo may name the client as a reference only with the client's prior consent.
7. Data protection
The Privacy Policy additionally applies.
8. Liability
Orvayo is liable without limitation for damage caused by intent or gross negligence, and for personal injury. Excluding that liability in advance would be void under Art. 100 para. 1 of the Swiss Code of Obligations, and no attempt to do so is made here.
Beyond that, Orvayo's liability is excluded to the extent permitted by law. This covers in particular slight negligence, indirect and consequential damage, lost profit, loss of data, and third-party claims.
Where Orvayo is nonetheless liable, liability per incident is limited to the fee the client paid for the affected engagement in the twelve months preceding the damaging event.
Liability for auxiliary persons is excluded within the scope of Art. 101 of the Swiss Code of Obligations, to the extent permitted.
Orvayo does not owe uninterrupted availability. Maintenance windows, disruptions at upstream providers and force majeure give rise to no claim for damages or price reduction.
Demos, previews, configurators and estimates on this website are non-binding examples. They are not a warranty of properties, prices or outcomes. Only an individually agreed written proposal is binding.
The client remains responsible for their own backups, and for ensuring that the content and data they supply is lawful and infringes no third-party rights. The client indemnifies Orvayo against third-party claims in that respect.
Towards consumers, these limitations apply only so far as mandatory law does not provide otherwise.
9. Governing law and jurisdiction
Swiss law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and excluding conflict-of-law rules.
The exclusive place of jurisdiction is Zurich, Switzerland. Mandatory places of jurisdiction — in particular the forums available to consumers under the Swiss Civil Procedure Code — are reserved.
10. Severability
Should any provision of these terms be or become invalid, the remaining provisions stay in force. The invalid provision is replaced by an arrangement that comes closest to its economic purpose.