General Terms and Conditions

These General Terms and Conditions (‘T&Cs’) govern what applies between you and Balio GmbH. They have three parts:

• Part A, General provisions: applies to everyone.
• Part B, Subscription: applies to the subscription to the application app.balio.ch, which Balio offers to businesses and professionals.
• Part C, Single dossier: applies to the purchase of an individual parcel analysis via balio.ch, including by private individuals. Part C takes precedence over Parts A and B. What applies differently to consumers is set out in clause 24.

1. Scope

These T&Cs apply between Balio GmbH, Rennweg 63, 8704 Herrliberg, UID CHE-260.027.044 (‘Balio’), and its customers (‘you’) for the website balio.ch, the application app.balio.ch, the parcel analyses and all related services. A written offer from Balio takes precedence over these T&Cs to the extent that it provides otherwise. Your own terms and conditions apply only if Balio agrees to them in writing.

2. Customer groups

Business customers are companies, authorities and professionals acting in the course of their professional or commercial activity. Consumers are persons who obtain a service for personal or family purposes, for example as an owner, heir or prospective buyer.

The subscription (Part B) is available only to business customers. Single dossiers (Part C) may be purchased by business customers and consumers who are resident or have their registered office in Switzerland. Anyone ordering as a private individual must be of age and have capacity to act.

3. Conclusion of contract and acceptance

These T&Cs become part of the contract when you actively accept them: when purchasing a single dossier, by ticking a box that is not pre-ticked before payment; for the subscription, by accepting the offer; and on first login to the application. Balio records which version you accepted and when. The current version is published at balio.ch/agb; earlier versions are available on request.

4. Services

Balio processes official data on plots, combines it and uses it to calculate model values: applicable building law with reference, building envelope, existing buildings, building reserve, restrictions, estimated market value and a score for the potential, together with a 3D model of the surroundings. Balio compiles the results for a parcel in a parcel analysis, called a ‘dossier’ in the application, as a PDF and as a link.

Balio reads the building regulations municipality by municipality. Balio shows building law with reference only for municipalities whose building regulations Balio has read. Where building regulations are missing or a value has not been read, the application says so, as does the preview before a purchase.

Balio owes careful work, not a particular economic, legal or factual result.

5. Model values, no advice

Balio's values are model calculations based on third-party data. They are not binding information, a building permit, a preliminary decision, a valuation report or legal, tax, financial or investment advice. The market value is a statistical estimate. It is not intended as a basis for a bank, a tax authority, a court or the division of an estate and does not replace a valuation by a professional. Balio is not an architecture or planning firm, a building authority, a valuation firm or a law firm.

Only the building regulations, the zoning plan, the PLR cadastre, the land register, the other official sources and the information provided by the competent authority are authoritative. Check the values against the official source before using them for a decision that has legal consequences or causes costs, such as a purchase, an offer, project planning, a building permit application or financing.

Balio indicates where a rule has not been read, a value is uncertain or a source is out of date. These indications are part of the result.

6. What Balio does not check

Unless a parcel analysis expressly states otherwise, Balio does not check:

• the land register: ownership, easements such as rights to build closer to the boundary, rights of way or building prohibitions, real burdens, notes, priority notices and liens;
• private-law agreements and claims, such as building rights agreements, condominium regulations, agreements with neighbours and neighbour law;
• the practice and discretion of the permitting authority, as well as exemptions and objections;
• special land-use plans such as design plans or land readjustment plans that the parcel analysis does not mention, and revisions not yet in force; if Balio shows a revision, this is for information;
• the condition of buildings, ground conditions, contamination not recorded in the official cadastres and protection inventories not included in the PLR cadastre.

7. Third-party data and data status

Balio obtains data from the Confederation, cantons, municipalities and other bodies. Balio does not warrant that this data is correct, complete or up to date. Balio continuously tracks changes to building regulations; Balio owes complete or immediate updating only if this has been expressly agreed in writing. A parcel analysis shows the data status on the day it was prepared and is not updated afterwards.

8. Reporting errors

If you find a value that does not match the official source, write to info@balio.ch, stating the address or EGRID and the point you noticed. Balio examines every report, corrects its own errors and reports errors in official sources to the competent body. Your claims in respect of a single dossier are governed by clause 30.

9. Payment processing

Payments by card, TWINT or other electronic payment methods are processed by the payment service Stripe (Stripe Payments Europe, Limited, Ireland). Balio receives from Stripe only what is necessary for accounting and customer service, such as the amount, payment type and payment status, and does not see full card details. The terms of the chosen payment method also apply to the payment.

10. Rights and protection of the service

All rights to the application, the data, calculations, presentations and the brand remain with Balio and the data suppliers. What you may do with results is governed by clause 19 for the subscription and clause 32 for the single dossier. Source attributions applied by Balio must remain in place.

Systematic or automated extraction, copying or disclosure of data from the service, use to build a comparable offering, circumvention of protective measures and any use for unlawful purposes are not permitted. Data that Balio obtains under third-party terms of use may only be used in the form prepared by Balio.

11. Liability

Balio is liable without limitation for damage it causes intentionally or through gross negligence and for personal injury. For consumers, clause 31 applies in all other respects.

Towards business customers, liability for slight and moderate negligence is excluded to the extent permitted by law, as is liability for auxiliaries, including employees, agents and data suppliers (Art. 101 para. 2 CO). In particular, liability is excluded for decisions that you or third parties base on Balio's results, such as purchase, sale, investment, financing and planning decisions; for errors, gaps or delays in third-party data; for indirect and consequential loss, loss of profit and financial loss; for data loss that proper backup would have prevented; and for interruptions of the service.

If Balio is nevertheless liable to a business customer for slight or moderate negligence, liability is limited in total to the fees the business customer paid to Balio in the twelve months before the event giving rise to the damage and, for a single dossier, to its price.

Mandatory statutory liability, for example under the Federal Act on Product Liability, remains reserved. The limitations of liability also apply in favour of Balio's governing bodies, employees and auxiliaries.

12. Data protection

Balio's Privacy Policy applies.

13. Changes to these T&Cs

Balio may amend these T&Cs. Balio notifies changes affecting the subscription at least 30 days before they take effect, by email or in the application. If you do not agree, you may cancel the subscription with effect from the date the changes take effect. Balio may obtain your consent to the new version at your next login. If, as a business customer, you continue to use the service after the changes take effect, the new version is deemed accepted.

For a single dossier, the version you accepted at purchase applies. Later changes do not apply to it.

14. Final provisions

If a provision is invalid, the remaining provisions remain valid. Towards business customers, it is replaced by a valid rule that comes closest to its purpose; towards consumers, the law applies in its place. Where these T&Cs require written form, an email is sufficient.

Swiss law applies, excluding the conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods. For business customers, the place of jurisdiction is the registered office of Balio GmbH; Balio may also sue business customers at their registered office. Consumers may bring proceedings at their place of residence or at Balio's registered office; Balio sues them at their place of residence (Art. 32 CPC). Where there are several language versions, the German version is authoritative.

15. Offer and conclusion of contract

You take out the subscription on the basis of an individual offer from Balio. The offer states the price, the number of seats, the billing period and the payment type. The contract is concluded when you accept the offer, by email or via the payment link Balio sends you. A trial period exists only if the offer provides for one; the offer also states whether it then converts into a paid subscription.

16. Account and seats

The application can only be used with an account. Each seat belongs to a named person; an account is personal and may not be shared. Whoever manages the office in the application invites the members and is responsible for their use. You agree additional seats with Balio; Balio charges for them from their activation.

Provide true and complete information in the account and keep it up to date. Protect access from third parties and report any misuse to Balio immediately.

17. Subscription services and availability

The subscription comprises the application app.balio.ch with the results under clause 4, the parcel search, the monitor for revisions of building regulations and parcel analyses as PDF and link. It covers the whole of Switzerland, to the extent covered by Balio, unless the offer states otherwise.

Balio continuously develops the service and may change, add or discontinue functions as long as the core purpose is preserved. Balio aims for high availability but does not guarantee any particular availability unless otherwise agreed in writing. Interruptions for maintenance, further development, bug fixing and protection of the infrastructure are possible; Balio announces planned interruptions where possible.

18. Prices and payment

The price is set by the offer. Prices are exclusive of VAT, where VAT is payable. The fees are payable in advance for each billing period.

You pay by card or another payment method that Stripe offers for subscriptions or, if the offer provides for it, by invoice within the period stated on the invoice, otherwise within 30 days. If you choose an electronic payment method, you authorise Balio to collect the fees for each period via Stripe. In Stripe's customer portal, which you reach from the application, you change the payment method, download invoices and cancel the subscription.

Balio may change prices with effect from the start of a new billing period and announces this at least 30 days in advance. In this case you may cancel with effect from the date the new prices take effect.

19. Right of use, disclosure and reference

You may use the results (figures, maps, 3D views, parcel analyses) for your own business purposes and pass them on to your own customers, with the source attributions applied by Balio. The right is non-exclusive, non-transferable and non-sublicensable.

If you pass on results, state that they are model values within the meaning of clause 5. A contractual relationship exists only between Balio and you; Balio has no contractual liability towards third parties. You indemnify Balio against third-party claims based on results passed on by you, to the extent that Balio did not act intentionally or with gross negligence.

Balio may name you as a customer, with your name and logo, as long as you do not object in writing.

20. Term and termination

The subscription runs for one month at a time and renews automatically for a further month unless the offer states a different billing period. Either party may cancel it at any time with effect from the end of the current period, in the customer portal or by email. Fees already paid are not refunded.

Either party may terminate without notice for good cause. For Balio, this is the case in particular in the event of late payment under clause 21, sharing of access, unauthorised extraction of data (clause 10) and any other material breach of these T&Cs. In these cases, Balio may block access immediately.

21. Late payment and suspension

If you do not pay fees when due, you are in default upon receipt of a reminder. If collection via Stripe fails, the notification of this counts as a reminder. Balio may then block access wholly or partly until the fees are paid and charge default interest of 5 per cent and the costs of collection. During a suspension, the office's data is retained.

22. End of contract

Access to the application ends when the contract ends. Save the parcel analyses and information you wish to keep beforehand. Balio may deactivate links to parcel analyses you have shared after the contract ends. Balio deletes the account data in accordance with the Privacy Policy and is not obliged to retain or hand it over; statutory retention obligations remain reserved.

23. Scope and precedence

Part C applies when you purchase an individual parcel analysis via balio.ch (‘single dossier’), whether as a consumer or as a business customer. It takes precedence over Parts A and B. Part B does not apply to single dossiers. You do not need an account for a single dossier.

24. What applies differently to consumers

If you purchase as a consumer, the following also applies to you:

• You do not have to indemnify Balio against third-party claims.
• Balio is also liable to you for slight and moderate negligence, up to the price of the single dossier, including for its auxiliaries (clause 31). The exclusions for business customers in clause 11 do not apply.
• Balio never names you as a reference and does not charge you collection costs.
• Later changes to these T&Cs do not apply to your purchase. Continued use never counts as consent (clause 13).
• If a provision is invalid, the law applies in its place (clause 14).
• You may bring proceedings at your place of residence, and Balio sues you only there (clause 14).
• Mandatory provisions for the protection of consumers take precedence over these T&Cs.

25. Coverage and preview

Single dossiers are available for parcels in municipalities whose building regulations Balio has read. Before you pay, the preview shows you for the selected parcel which parts the single dossier contains and which are missing, for example because an official service does not provide a piece of information. If a parcel is not covered, you cannot order it.

The preview forms part of the offer: the single dossier contains at least the parts that the preview shows as covered.

26. Order and conclusion of contract

The order has these steps:

1. You select an address or parcel on balio.ch.
2. The preview shows what the single dossier contains for this parcel (clause 25).
3. Before payment, you see a summary with the address, municipality, parcel number and EGRID, the location on the map, the price and the email address for delivery. Check these details; by going back one step you can correct any of them.
4. The summary highlights the most important restrictions: the values are model values and not an appraisal (clause 5), and for slight and moderate negligence Balio is liable at most up to the purchase price (clause 31).
5. You confirm that you are resident or have your registered office in Switzerland and accept these T&Cs by ticking a box that is not pre-ticked. The Privacy Policy is linked.
6. You pay on Stripe's payment page. The contract is concluded when you authorise the payment. If the payment fails, no contract is concluded.

Immediately after payment you receive a confirmation by email with the order number, parcel, price, payment type and these T&Cs in the version you accepted. Balio stores the order with the version and time of your acceptance.

27. Content of the single dossier

The single dossier is a parcel analysis of the parcel you ordered. To the extent that the preview shows the parts as covered, it contains:

• a profile with address, parcel number, EGRID and area;
• the existing buildings according to the Federal Register of Buildings and Dwellings;
• the zone and applicable building law with reference in the building regulations (article and page);
• the building envelope and building reserve as a model calculation;
• restrictions from the PLR cadastre and other official maps;
• location and environment, such as noise, public transport class and travel times;
• the market value as an estimate;
• a conclusion with the score for the potential and an annex listing the sources.

You receive the single dossier as a PDF attached to an email and as a link to the online version. The link remains accessible for twelve months from delivery and shows the same status as the PDF. You may keep the PDF indefinitely; save it.

The single dossier shows the data status on the day it was prepared (reference date). Balio does not update it; later changes to the building regulations or the official data are not included. A more recent single dossier is a new purchase.

Not included is what clause 6 lists, in particular the land register, easements, private-law agreements, the practice of the authority and exemptions. The single dossier is neither a building permit nor a preliminary decision. The market value is not a valuation report and is not intended for a bank, a tax authority or a court (clause 5).

28. Price and payment

The price shown in the ordering process before payment applies. It is a final price in Swiss francs; no taxes, fees or shipping costs are added. Balio is not registered for VAT and does not show VAT.

The price is due on ordering. You pay with one of the payment methods offered on Stripe's payment page, such as card or TWINT (clause 9). You receive a receipt by email.

If you reverse a payment without being entitled to a refund under clause 30, Balio may block the link and continue to claim the price.

29. Delivery

Balio prepares the single dossier automatically and delivers it to the email address you gave in the order, usually within a few minutes. Before sending, Balio automatically checks each single dossier for completeness. If it fails this check, Balio checks it manually, informs you by email and delivers the complete single dossier later. If Balio cannot deliver in full, Balio refunds the full price. No later than two working days after payment, you have either the complete single dossier or your money back, without having to ask for it.

If you do not receive an email within an hour, check your spam folder and write to info@balio.ch. If you gave an incorrect email address, Balio delivers again after correction.

30. Defects, replacement and refund

A defect exists if

• the PDF cannot be opened, the link does not work or the single dossier relates to a parcel other than the one ordered;
• you have not received the single dossier although the email address given is correct;
• a part is missing that the preview showed as covered, such as zone and building law with reference, building reserve or market value;
• a value deviates from the official source because of an error by Balio, for example because Balio misread a provision of the building regulations.

Report a defect to info@balio.ch within 14 days of delivery or, in the case of non-receipt, within 14 days of ordering, stating the order number. In the case of a technical defect or non-receipt, Balio delivers a defect-free single dossier or, if this is not successful or you prefer, refunds the full price. If a part shown as covered is missing, Balio refunds the full price. In the case of an incorrectly adopted value, Balio corrects the single dossier and delivers it again; if this is not achieved within ten days of your report, Balio refunds the full price. Balio initiates every refund within five working days to the original payment method.

The following are not defects: values that Balio has correctly adopted from an official source, even if the source itself is wrong; a deviation of the market value from a later price or appraisal; parts that the preview showed as missing; changes after the reference date; and an incorrectly selected parcel if the summary before payment showed it correctly. Further warranty claims are excluded to the extent permitted by law. Liability under clause 31 or clause 11 remains reserved.

Swiss law does not provide a statutory right of withdrawal for online purchases. Except in the cases set out in this clause, you therefore cannot return a single dossier after ordering.

31. Liability towards consumers

If you purchase as a consumer, Balio is liable to you without limitation for intent, gross negligence and personal injury. For slight and moderate negligence, including that of its auxiliaries, Balio is liable up to the price you paid for the single dossier concerned. Balio is not liable for errors in official sources that Balio reproduces correctly, as they are not Balio's fault. Mandatory statutory liability remains reserved.

If you purchase as a business customer, clause 11 applies.

32. Right of use and link

As a consumer, you may use the single dossier for yourself and pass it on to persons directly involved in your project, such as your bank, your architect, your notary, your fiduciary, co-heirs or individual prospective buyers. As a business customer, you may use it for your business purposes and pass it on to your own customers; the indemnity under clause 19 also applies here. It is not permitted to publish the single dossier or the link, for example in an advertisement or on social media, to resell it or to incorporate its content into an offering of your own.

Anyone who knows the link can open the single dossier without logging in. Therefore share it only with chosen recipients. Balio may block a link that is published or misused; as long as the twelve months are running, you will receive a new one on request. Inform recipients that these are model values within the meaning of clause 5; the source attributions must remain in place.