General Terms of Use

Last updated: May 1, 2026
Provider: Claimity AG, Wisentalstrasse 7a, 8185 Winkel, Switzerland
(hereinafter “Claimity”)

These General Terms of Use (“GTU”) govern the use of the digital platform provided by Claimity for the structured handling, coordination and documentation of insurance cases, in particular for case intake, assignment to external experts, communication, document management, status tracking and billing.

The platform is intended exclusively for businesses and professional users, in particular insurance companies, claims organisations, assessors, expert appraisers and other professional service providers. Use by consumers is not envisaged.

1. Scope and Contractual Basis

• These GTU apply to all access to the Claimity platform as well as to all services provided by Claimity in connection with the platform vis-à-vis insurers, experts or other business customers, unless individual written agreements provide otherwise.
• In addition, the following contractual components may apply in particular:
  • individual offers, framework agreements or service descriptions,
  • price lists or case-based remuneration models,
  • data processing agreements or data protection arrangements,
  • technical documentation, security concepts or service descriptions.
• In the event of conflicts, individual written agreements take precedence over these GTU. Specific data protection or security agreements take precedence next, followed by these GTU.
• General terms and conditions of the customer or an expert apply only if Claimity has expressly agreed to them in writing.

2. Definitions

• Platform refers to the software solution provided by Claimity, including the web interface, interfaces, communication functions, document storage, case management, role and permission system, notifications, reporting and billing functions.
• Insurer refers to an insurance company or other organisation that records, processes, coordinates or assigns insurance cases to experts via the platform.
• Experts refers to external assessors, expert appraisers, claims experts or other professional service providers who take on, process or document cases via the platform.
• Users refers to natural persons who are granted access to the platform on behalf of an insurer, expert or other customer.
• Case refers to an individual claims, insurance, review or assessment matter that is created, processed, assigned or documented via the platform.
• Case Records refers to all data, documents, photos, reports, communications, metadata and other content uploaded or transmitted by users in connection with a case.
• Work Results refers in particular to expert opinions, reports, assessments, bases for decisions, protocols, documentation or other professional results created or provided by experts or Claimity in the course of a case.

3. Scope of Services and Role of Claimity

• Claimity provides a digital platform through which insurers can record cases, structure them, assign experts, exchange documents, communicate, track processing status and coordinate billing.
• Depending on the contractual arrangement, Claimity may in particular provide the following services:
  • technical provision and operation of the platform,
  • case creation and case coordination,
  • placement, instruction or coordination of experts,
  • provision of communication and documentation features,
  • billing of cases to insurers,
  • processing or forwarding of remuneration to experts,
  • reporting, status overviews and quality assurance.
• As a rule, Claimity does not owe any insurance decision, coverage decision, legal advice or final professional assessment of a claim, unless this has been expressly agreed in writing. Professional assessments by experts fall within their area of responsibility.
• To the extent that Claimity places or coordinates experts, Claimity selects them according to appropriate criteria. A specific person or a specific expert is owed only if expressly agreed.
• Claimity is entitled to continuously develop the platform and to change, supplement or remove features, provided that the essential contractual usage options are not unreasonably restricted as a result.

4. Registration, User Accounts and Access Rights

• Use of the platform requires an activated user account. There is no entitlement to registration or activation.
• The respective customer is responsible for ensuring that only authorised persons gain access to the platform and that roles, permissions and access rights are assigned appropriately and kept up to date.
• Users are obliged to keep access credentials confidential, not to disclose them to third parties and to inform Claimity without delay if misuse or unauthorised access is suspected.
• Actions taken via a user account are attributed to the respective customer if the customer initiated, enabled or did not adequately prevent the access.
• Claimity may temporarily suspend access if there are concrete indications of misuse, security risks, legal violations, payment default or other significant breaches of contract.

5. Licence of Use, Platform Rights and Case Records

• Claimity grants the customer and the activated users a simple, non-exclusive, non-transferable and revocable right, for the term of the contract, to use the platform within the agreed scope for their own business purposes.
• The platform, including software, user interfaces, workflows, database structure, documentation, trademarks, logos, designs, texts, templates, system logic and other Claimity-owned content, remains the property of Claimity or the respective rights holders.
• Without the prior written consent of Claimity, it is in particular prohibited to:
  • copy, reproduce, rent, sell, sublicense or make available the platform or parts of it to third parties outside the agreed user group,
  • examine, decompile, reverse engineer or circumvent the source code, system architecture or security mechanisms,
  • carry out automated mass access, scraping, crawling or load testing without consent,
  • commercially reuse Claimity-owned templates, interfaces, workflows or documentation outside the platform.
• The above restrictions do not apply to case records that the customer, an insurer, an expert or other authorised users themselves bring into the platform or create within the scope of a case. Such case records may be displayed, downloaded, copied, supplemented, processed, commented on, exported, shared and archived in the context of legitimate case handling, to the extent contractually permitted, professionally required and legally permissible.
• The respective rights to case records introduced by the customer or its users remain with the customer, the relevant insurer, the expert or the other authorised rights holder. Claimity receives only those rights necessary to provide the platform, process cases, store, transmit, display, secure, export and technically analyse records, and provide the contractually agreed services.
• The customer ensures that it is entitled to transmit, store, process and pass on the case records via the platform and that this does not infringe any rights of third parties or statutory requirements.

6. Case Creation, Instruction and Cooperation with Experts

• Insurers can create cases via the platform and, depending on the agreed process, instruct Claimity or an expert to handle them further.
• The specific instruction of an expert, the scope of services, processing deadlines, quality requirements and remuneration are governed by the relevant framework agreement, the case order, the platform specification or a separate agreement.
• Claimity may engage experts in its own name, in the name of the insurer or as a placing or coordinating entity. The respective allocation of roles results from the individual agreement and the specific case process.
• Experts are obliged to handle cases professionally, with due care, independently and in compliance with the relevant professional, legal and contractual requirements.
• Insurers and experts are obliged to provide all information required for case handling completely, correctly and in good time. Delays or errors due to incomplete or incorrect information shall not be at the expense of Claimity.
• Claimity may log case-related communication, status changes, document uploads and other processing steps to support traceability, quality assurance, billing and compliance.

7. Remuneration, Payment Terms and Billing

• Remuneration for the use and services of Claimity is primarily case-based. The number and type of cases handled via the platform, the case flat fees agreed in each instance, expert fees, service charges, surcharges or other price components are decisive.
• Subscriptions, minimum fees, platform fees, setup fees, integration costs, support packages or monthly base fees may additionally be agreed. In the absence of such an agreement, mere use of the platform does not establish a flat-rate subscription model.
• Claimity is entitled to bill the insurer for individual cases immediately upon completion, after defined milestones or in periodic collective invoices, in particular monthly.
• To the extent that Claimity remunerates experts, Claimity may pass through the expert fees to the insurer and additionally charge its own platform, coordination, service or margin fee. The specific pricing logic results from the relevant offer, framework agreement or agreed price list.
• Unless otherwise stated, all prices are exclusive of statutory value-added tax, levies, fees and expenses.
• Invoices are payable within 30 days of the invoice date without deduction, unless otherwise agreed in writing.
• In the event of payment default, Claimity is entitled to assert default interest, reminder fees and collection costs to the extent permitted by law and, after prior reminder, to withhold further services or restrict access to the platform.
• Objections to invoices must be raised in writing and with reasons within 14 days of receipt of the invoice. Undisputed invoice components remain payable on time.
• Set-off against counterclaims is permitted only if such claims are undisputed or have been established by final court decision.
• Services already rendered, cases already processed or expert costs already incurred remain subject to remuneration even if a case is later cancelled, no longer pursued internally or otherwise decided by the insurer, unless Claimity or the expert is responsible for non-performance.

8. Obligations of Customers and Users

• Customers and users may use the platform only in a lawful and contractual manner and in compliance with all applicable laws, regulatory requirements, data protection rules and internal authorisation concepts.
• In particular, it is prohibited to:
  • upload incorrect, misleading, unlawful or unlawfully obtained information,
  • upload malware, manipulated files or content that endangers security,
  • attempt unauthorised access to data, accounts, systems or interfaces,
  • circumvent security, role or access restrictions,
  • use the platform for unlawful, discriminatory, fraudulent or otherwise abusive purposes.
• Customers are responsible for the professional review, release and use of the information and work results provided via the platform within their own business processes.
• Insurers in particular remain responsible for their insurance contract decisions, coverage reviews, benefit decisions, communication with policyholders and regulatory obligations, unless expressly agreed otherwise.
• Experts remain responsible for the professional accuracy, completeness and traceability of their expert opinions, reports and assessments.

9. Availability, Maintenance and Support

• Claimity strives to ensure high availability of the platform. A specific availability is owed only if expressly agreed in a Service Level Agreement.
• Temporary restrictions may arise in particular due to maintenance, updates, security measures, disruptions at infrastructure or communication service providers, force majeure or other circumstances outside Claimity's sphere of influence.
• Claimity is entitled to carry out scheduled maintenance work and to temporarily restrict the platform for necessary security or stability measures.
• Support services, response times, availability hours and escalation paths are governed by the applicable service description or the respective support package.

10. Confidentiality

• The parties undertake to treat as confidential all non-public business, technical, financial, personal, insurance-related or other confidential information of the other party.
• Confidential information may only be used for the performance of the contract and only disclosed to persons who require this information for performance of the contract and are bound by confidentiality obligations.
• The confidentiality obligation does not apply to information that is demonstrably publicly known, becomes known without breach of contract, has been lawfully obtained from third parties or must be disclosed due to statutory, regulatory or judicial obligations.
• The confidentiality obligation continues to apply after termination of the contract.

11. Data Protection and Information Security

• The parties comply with the applicable data protection laws, in particular the Swiss Federal Act on Data Protection and, where applicable, the General Data Protection Regulation of the European Union.
• Claimity's role under data protection law depends on the specific service and processing activity. Where Claimity processes personal data on behalf of an insurer or customer, this is done on the basis of a separate data processing agreement.
• Where Claimity pursues its own purposes, in particular for contract administration, billing, security, abuse prevention, system administration or statutory record-keeping, Claimity acts as an independent controller in accordance with the privacy policy.
• Customers and users are responsible for ensuring that the transmission of personal data and particularly sensitive personal data to Claimity or via the platform takes place lawfully and that the necessary information, legal bases, consents or other prerequisites are in place.
• Claimity takes appropriate technical and organisational measures to protect the platform and the data processed. Details may be set out in a separate security documentation, data processing agreement or service description.
• Claimity may engage subcontractors and technical service providers insofar as this is necessary for the performance of the contract and the data protection requirements are complied with.
• Customers are responsible for the lawful configuration of roles, access rights, retention periods, exports and disclosures within their area of responsibility.

12. Interfaces, Integrations and Third-Party Providers

• The platform may provide interfaces to systems of insurers, experts or third-party providers, in particular to ERP, claims, document management, communication or authentication systems.
• The customer is responsible for the lawfulness, security and functionality of the systems, access credentials and data transmissions connected by it.
• Claimity is not liable for disruptions, data errors, outages or security incidents caused by systems, services or interfaces outside Claimity's area of responsibility.
• Additional terms, licence conditions or data protection information may apply to third-party services.

13. Work Results and Professional Responsibility

• Work results created in the course of a case may be used by the authorised insurer and the authorised users for the handling, review, documentation and decision of the respective case.
• Unless otherwise agreed, no exclusive intellectual property rights are transferred in respect of work results. The insurer, however, receives the rights of use required for case handling.
• Claimity may use anonymised or aggregated information from the platform to improve the platform, carry out quality assurance, generate statistics or develop benchmarking features, provided that no conclusions can be drawn about identified or identifiable persons, insurers, experts or specific cases, unless expressly agreed otherwise.
• The use of personal or customer-specifically identifiable data for benchmarking, product development or analyses takes place only if there is a sufficient contractual and data protection basis for this.

14. Warranty

• Claimity provides the platform services with reasonable care and in accordance with the current state of its own technical and organisational possibilities.
• Claimity does not warrant that the platform will be uninterrupted, error-free or suitable for every purpose desired by the customer at all times, unless expressly assured.
• The customer must report identifiable disruptions, errors or defects without delay and in a comprehensible manner. Claimity will examine and remedy justified disruptions within a reasonable period of time or provide a reasonable workaround.
• Claimity is liable for professional services provided by experts only insofar as Claimity expressly owes such service itself or has to answer for the relevant expert under mandatory law.

15. Liability

• Claimity is liable without limitation for damages caused by intentional or grossly negligent conduct on the part of Claimity, as well as in cases of mandatory statutory liability.
• In the case of slight negligence, Claimity is liable only for the breach of essential contractual obligations and only for damages typically foreseeable and directly arising therefrom.
• To the extent permitted by law, Claimity's overall liability is limited to the fees paid by the affected customer to Claimity in the twelve months preceding the damaging event, but no more than CHF 5,000. For case-related claims, an additional limitation to the fee paid for the affected case may be agreed.
• Claimity is not liable for indirect damages, consequential damages, lost profits, reputational damages, data losses, production losses, business interruptions or claims by third parties, to the extent that such liability can be excluded by law.
• Claimity is not liable for damages caused by:
  • incorrect or incomplete information from the customer, insurer, expert or user,
  • improper use of the platform,
  • missing or faulty internal review of work results,
  • third-party systems, services or interfaces,
  • unauthorised disclosure of access credentials,
  • events of force majeure.
• The limitations of liability apply accordingly in favour of Claimity's officers, employees, agents, subcontractors and vicarious agents.

16. Term, Termination and Ending of the Contract

• The contract term and notice periods are governed by the respective individual agreement. Case-based services generally end with the conclusion, billing or cancellation of the respective case. If no individual agreement has been made, there is no defined termination date. The parties may terminate the contract on their own initiative.
• Platform access may be deactivated after termination of the contract or after the underlying authorisation no longer applies.
• The right to extraordinary termination for cause remains reserved. Cause exists in particular in the event of significant breaches of contract, misuse of the platform, serious security risks, ongoing payment default or breach of essential data protection or confidentiality obligations.
• After the end of the contract, Claimity will make existing case records available to the customer in the contractually agreed or technically customary format, provided that no statutory, regulatory or contractual retention obligations conflict with this.
• After the expiry of agreed retention periods, Claimity is entitled to delete or anonymise data, provided that there are no statutory or contractual obligations for further storage.

17. Changes to the GTU

• Claimity may amend these GTU if this is necessary or appropriate due to legal, technical, economic or organisational developments and customers are not unreasonably disadvantaged thereby.
• Claimity will inform customers in an appropriate form of material changes. If a customer does not object to the changes within 30 days of notification, the changes are deemed accepted, provided that Claimity has expressly drawn attention to this consequence.
• If the customer objects in good time, the previous GTU continue to apply. In this case, Claimity is entitled to terminate the contract by observing a reasonable period of notice if continuation on the previous terms is not reasonable for Claimity.

18. Final Provisions

• The customer may transfer rights and obligations from the contractual relationship to third parties only with the prior written consent of Claimity. Claimity may transfer rights and obligations to affiliated companies or legal successors, provided that the legitimate interests of the customer are not unreasonably impaired thereby.
• Amendments and supplements to individual contracts must be in text form or in writing, unless mandatory law requires a stricter form.
• Should individual provisions of these GTU be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The parties shall replace the invalid or unenforceable provision with a valid arrangement that comes as close as possible to the economic purpose.
• Substantive Swiss law shall apply, excluding conflict-of-law provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
• The exclusive place of jurisdiction for all disputes arising out of or in connection with these GTU is, to the extent permitted by law, the registered office of Claimity. Claimity is also entitled to assert claims at the registered office of the customer.