258 Service Terms

1. Parties and acceptance

“258” is a brand of Lüthi Group Sàrl (“we”, “us”); it is not a separate legal entity. “Client” means the business identified in the proposal and checkout record. The agreement consists of the accepted proposal, these Service Terms, any expressly incorporated data processing agreement and later written change orders. The Client accepts the agreement through the checkout acceptance control and initial payment, or another recorded method expressly agreed by both parties. The person accepting for the Client confirms authority to bind it. We will retain the accepted proposal and terms version with the transaction record. These terms apply to business engagements, subject to mandatory law.

2. Scope and standard

We provide the 258 digital growth, lead management, commerce, automation and optimisation services described in the accepted proposal. Depending on that scope, work may include audit and planning; capture, qualification and follow-up journeys; platform integration; lifecycle communications; analytics and reporting; testing; and ongoing optimisation. The proposal, rather than this general page, determines the selected plan and specific deliverables. Priorities may be adjusted within the agreed scope in response to technical findings, data availability and Client needs; material changes require written acceptance by both parties. We will perform with reasonable skill, care and diligence. No particular lead volume, sales result, revenue, ranking, conversion rate, return on investment or uninterrupted third-party availability is guaranteed unless expressly stated in the proposal.

3. Client responsibilities and exclusions

The Client will provide accurate information, timely access, required approvals, lawful data and content, and a contact authorised to make operational decisions. The Client maintains its own accounts, licences, access controls and backups unless the proposal states otherwise, and remains responsible for reviewing business-critical outputs where appropriate. Client-caused delays do not automatically change the agreed payment dates or the 90-day term. Advertising spend; third-party software, hosting, API, messaging and licence fees; major custom software development; extensive creative production; legal, tax and accounting advice; and work outside the selected plan are excluded unless expressly included in the proposal. We will seek approval before incurring separately billable third-party costs on the Client's behalf.

4. Initial 90-day implementation and payments

The initial implementation phase runs for 90 calendar days from the commencement date stated in the accepted proposal or our written commencement confirmation. The total implementation price is the amount in the accepted proposal, exclusive of VAT unless expressly stated otherwise. Unless that proposal specifies another schedule, 50% is due before commencement, 25% on day 30 and 25% on day 60, measured from the commencement date. The day-30 and day-60 instalments are due on those dates and do not depend on acceptance of a particular deliverable. We are not obliged to begin until the first payment clears. Invoices are payable within seven calendar days unless the accepted proposal or checkout states otherwise. The accepted proposal must show the actual amounts and dates before checkout.

5. Automatic continuation and cancellation

Unless the accepted proposal expressly states otherwise, the services continue automatically immediately after the initial 90 days at the monthly fee stated in that proposal, billed monthly in advance. For the proposed Growth plan, the intended ongoing fee is CHF 3,500 per month, exclusive of VAT unless expressly stated otherwise; only the fee shown in the Client's accepted proposal is binding. To stop at the end of the initial 90 days, the Client must send written cancellation notice at least 14 calendar days before that phase ends. We aim to send a reminder around day 60, but the cancellation deadline applies even if a reminder is delayed or not received. After the initial phase, either party may end the continuing services with 30 calendar days' written notice unless the proposal states a different period. Fees falling due during that notice period remain payable; cancellation stops future service and billing when the notice period ends. A cancellation request must be sent to the service contact email stated in the accepted proposal or by replying to the proposal email, and is effective when received without an automated delivery failure, subject to proof to the contrary. We will acknowledge receipt in writing. The Client may ask for cancellation at any time; the applicable notice period still governs the effective end date.

6. Payment method and taxes

All fees are exclusive of VAT and applicable taxes unless the accepted proposal states otherwise. Checkout collects the initial payment. Later instalments and recurring monthly fees may be collected from a saved payment method only where the checkout separately and expressly authorises the specified future charges and their timing; otherwise we will invoice the Client and provide a payment method. The payment service provider's terms also apply to payment processing. A failed payment does not itself cancel the agreement. We may suspend work on overdue accounts after giving notice. Late payments may bear interest at the lesser of 8% per annum or the maximum permitted by law. Paid or accrued fees for a commenced service period, reserved capacity or completed implementation work are non-refundable to the extent permitted by applicable law.

7. Technology, automation and AI

The Client authorises reasonable use of third-party software, cloud platforms, APIs, communication providers, automation and AI systems to deliver the agreed services, subject to our confidentiality and data protection obligations. Such providers have their own terms, prices and technical limits. AI-generated or automated outputs can be inaccurate and require appropriate human review. We may pause a workflow presenting a material security, legal or reputational risk.

8. Data and marketing compliance

The Client retains rights in its data, brand and materials and permits us to use them only as reasonably needed for the services. Each party will comply with applicable data protection law, including the Swiss FADP and, where applicable, GDPR. Where required, the parties will enter into a separate data processing agreement before relevant processing begins. The Client is responsible for the lawful collection and use of its prospect and customer data and for required permissions for marketing messages it instructs us to send. We may decline instructions that present a material compliance risk.

9. Confidentiality and publicity

Each party will protect the other's non-public business, customer, financial, technical and strategic information and use it only for the engagement. Access may be given to personnel, advisers and providers who reasonably need it and are subject to appropriate confidentiality duties. This duty survives termination, except for information lawfully public or required to be disclosed by law. Neither party may publicly use the other's name, logo or project as a case study without prior written permission. We may use aggregated or anonymised learnings that do not identify the Client or disclose its confidential information.

10. Intellectual property

Each party retains its pre-existing intellectual property. Our methods, templates, frameworks, prompts, reusable workflows, code components and know-how remain ours. Once all applicable fees are paid, the Client may use its client-specific deliverables internally, subject to third-party licence terms. Any broader transfer or licence must be agreed in writing.

11. Changes, suspension and termination

Material changes to scope, price, timetable or risk allocation require written acceptance by both parties, including recorded electronic acceptance. We may suspend or end services for unpaid fees, unlawful instructions, fraud, material security or compliance risk, or a material breach not remedied within 10 business days of written notice where remedy is possible. Ending the services does not cancel fees already due or rights and duties intended to survive. Subject to payment of outstanding sums, we will reasonably assist with removal of our access and provision of client-specific deliverables held by us. Extensive migration or reconstruction may be quoted separately.

12. Liability

To the fullest extent permitted by applicable law, our total liability arising from the services is limited to fees paid by the Client in the 12 months before the event giving rise to the claim. Neither party is liable for indirect or consequential losses, including lost profits or opportunity, where such exclusion is legally permitted. Nothing in these terms limits liability that cannot be excluded under mandatory law. The Client will indemnify us against third-party claims arising from unlawful or inaccurate materials or instructions supplied by the Client, or the Client's unlawful marketing or data practices, except to the extent caused by our own unlawful conduct or non-excludable liability.

13. General terms

The engagement is non-exclusive and we act as an independent contractor. Neither party is responsible for delay caused by events outside its reasonable control if it makes reasonable efforts to limit the effect. Neither party may assign the agreement without the other's written consent, except that we may assign it to a successor in a merger or sale of the business. If one provision is invalid, the remainder remains effective. A failure to enforce a provision is not a waiver. The accepted proposal prevails for client-specific scope, price, dates and any clause that expressly overrides these terms; these terms otherwise govern. Changes to these terms do not apply retrospectively to an existing accepted engagement without the Client's agreement.

14. Law and disputes

Swiss substantive law governs the agreement, excluding conflict-of-law rules. The parties will first seek a good-faith resolution and may attempt confidential mediation in Geneva. Subject to mandatory jurisdiction rules, the competent courts of Geneva, Switzerland have exclusive jurisdiction.