Kadastra Pro terms and conditions

Version of 13 October 2026 — replaces the version of 4 October 2026

Translation. These Pro terms have been translated from French. In the event of any discrepancy, the French version is binding (Art. 13.1).

1. Parties and scope

1.1 Kadastra Pro (hereinafter “the Service”) is a private land monitoring service for professionals, published and operated by PMAX SA, a public limited company under Swiss law, Chemin des Quiess 12, 1907 Saxon, Switzerland, registered in the commercial register of the Canton of Valais under number CH-621.3.006.895-2 (UID/VAT: CHE-112.203.929), hereinafter “PMAX”. Contact: pro@kadastra.ch.

1.2 These terms and conditions (hereinafter “the Pro Terms”) govern the relationship between PMAX and the business that subscribes to the Service (hereinafter “the Client”), for example a property management company, an estate agency, an architecture or engineering practice, an accountancy firm or a law or notary firm.

1.3 The Service is reserved for businesses and for persons acting in the course of their professional or commercial activity. By accepting the Pro Terms, the Client confirms that it is acting in that capacity. The Pro Service is not offered to public-law bodies and institutions; a specific agreement is required for those.

1.4 The appendix “Data processing agreement” forms an integral part of the Pro Terms. It constitutes the processing contract within the meaning of Article 9 of the Federal Act on Data Protection (FADP).

1.5 The contract consists, in decreasing order of precedence, of:

1. any agreement signed separately between the parties;
2. the offer accepted by the Client;
3. the appendix “Data processing agreement”;
4. these Pro Terms.

For everything relating to data protection, however, the appendix prevails over the offer; only a separately signed agreement may depart from it. The Client's own terms and conditions do not apply, even if attached to an order, unless accepted in writing by PMAX.

1.6 The Client accepts the Pro Terms and their appendix by accepting PMAX's offer, and at the latest by ticking the acceptance box displayed on first signing in to the Pro console. PMAX keeps a record of that acceptance: the account that accepted, the version of the text accepted, the date and time. The text of each version remains available on request. The person who accepts on behalf of the Client declares that they have the necessary authority.

1.7 Communications. Communications relating to the contract are made in writing; an email is enough. PMAX writes to the Client at the address of its Pro console access or at the address stated in the offer; the Client writes to PMAX at pro@kadastra.ch. An email constitutes written form between the parties.

2. Description of the Service

2.1 The Service monitors the official notices published on the Swiss Official Gazettes Portal (amtsblattportal.ch, operated by the State Secretariat for Economic Affairs SECO), on which the Official Gazette of the Canton of Valais is published. It reports to the Client those that may concern the parcels in its portfolio:

• building permit applications concerning a parcel, a neighbouring parcel or the surrounding area;
• certain notices with municipality-wide scope.

2.2 The Pro console makes it possible in particular:

• to import and enter a portfolio of parcels;
• to attach them to file references;
• to consult the alerts by parcel or by notice;
• to receive summaries by email.

2.3 The Service relies on data from third-party official sources: the Swiss Official Gazettes Portal, the official cadastral survey and the federal geoinformation services (swisstopo). PMAX is not their author and does not warrant their completeness, accuracy or availability.

2.4 The Service currently covers the Canton of Valais. Its scope and the types of notices monitored may change. A substantial reduction of the scope is treated as an amendment to the Pro Terms (Article 12).

2.5 The Service only processes what is published on the Swiss Official Gazettes Portal. In particular, it does not report:

• works exempt from public consultation (Art. 42 para. 3 of the Valais construction act);
• notices displayed only on the municipal public noticeboard or served personally;
• notices from other publication bodies, unless the Service states otherwise;
• notices in which the authority has misstated or omitted the parcel or the location.

2.6 Alerts are as a rule detected and sent on the working day following the moment the notice is made available on the Swiss Official Gazettes Portal. No time limit is guaranteed, unless a service-level commitment is expressly stated in the offer.

3. Prices and invoicing

3.1 The price, the number of parcels included and any tiers are set out in the offer accepted by the Client. They are understood in Swiss francs (CHF), excluding VAT.

3.2 The Service is invoiced annually and in advance. Invoices are payable within 30 days of their date. The Service is activated upon receipt of payment of the first invoice; access to the Pro console is then opened to the Client.

3.3 In the event of late payment, PMAX sends the Client a reminder. If the invoice remains unpaid 14 days after that reminder, PMAX may suspend the sending of alerts until full payment, after having warned the Client. Suspension does not release the Client from its obligation to pay and does not extend the duration of the contract. PMAX is not liable for the consequences of the suspension.

3.4 PMAX may adjust its prices for a future period. The new price is communicated to the Client at least 4 months before the expiry of the current term, so that the Client can terminate within the period of Article 4.2.

3.5 Any dispute about an invoice must be sent in writing within 30 days of its receipt. The undisputed part remains due on the due date.

4. Duration and termination

4.1 The contract is concluded for a duration of twelve months from the activation of the Service, upon receipt of payment of the first invoice (Article 3.2).

4.2 It renews automatically for successive periods of twelve months, unless terminated in writing (an email is enough) by either party at the latest 3 months before the expiry of the current term.

4.3 Either party may terminate the contract with immediate effect for good cause. Good cause includes in particular:

• a serious breach of the Pro Terms not remedied within 30 days of a written warning;
• the bankruptcy, the opening of composition proceedings or the liquidation of the other party.

4.4 Should PMAX discontinue operation of the Service, it would inform the Client at least 60 days in advance and refund it the unused part of the period paid for.

5. End of the contract

5.1 At the end of the contract, monitoring stops. The Client has 30 days to export the data of its portfolio from the Pro console or to ask PMAX to export it.

5.2 At the end of that period, PMAX deletes the portfolio data and the Client's access account. Copies may remain in the encrypted backups until they rotate, for six months at most, before disappearing definitively.

5.3 Accounting documents are kept for ten years in accordance with the law (Art. 958f of the Code of Obligations).

5.4 Articles 8 (liability), 10 (confidentiality), 13 (applicable law and jurisdiction) and the appendix, as regards the end of the processing, survive the end of the contract.

6. Obligations of the Client

6.1 The Client has access to the Pro console, opened under the email address it designates; a team address is recommended. The Client:

• determines the persons in its organisation authorised to use that access;
• ensures the confidentiality of the password;
• is liable for the use made of it as for its own acts;
• informs PMAX without delay of any unauthorised use.

6.2 The Client checks the accuracy of the parcels in its portfolio. The Service reports to it the references it was unable to resolve; parcel numbers repeat from one municipality to another.

6.3 The Client identifies its files by reference numbers and not by persons' names. It does not transmit to the Service any personal data that the Service does not need, nor any sensitive data within the meaning of Article 5 FADP.

6.4 The Client uses the Service in accordance with the applicable law and the terms of use of the third-party data sources, in particular those of the Swiss Official Gazettes Portal. The following are prohibited:

• any automated extraction;
• any resale;
• any making available of the Service to third parties;
• any use aimed at monitoring specific persons or at building up records on them.

6.5 The Client is the controller of the processing of the data of its portfolio under the FADP and, where applicable, under other applicable law, in particular as regards informing the persons concerned where that duty falls on it.

6.6 If the Client is subject to professional secrecy (in particular Art. 321 of the Criminal Code), it is for the Client to ensure that its use of the Service is compatible with that secrecy.

6.7 Relations with principals. The Service is provided to the Client alone. The Client does not present the Service to its principals or to third parties as a guarantee that notices will be detected. PMAX assumes no obligation towards the Client's principals or towards other third parties.

6.8 Warranty and indemnity. The Client warrants that it is entitled to entrust the data of its portfolio to PMAX. It indemnifies PMAX against any third-party claim, including from its principals or from an authority, arising from:

• a breach of its obligations under the Pro Terms or the appendix;
• a use of the Service that does not comply with the contract.

This indemnity covers reasonable defence costs. PMAX informs the Client without delay of any such claim and allows it to conduct the defence.

7. Indicative nature of the information

7.1 Kadastra is a private service and is not an official service. The information provided by the Service does not constitute an official publication and has no legal effect.

7.2 Only the official electronic notice is binding: since 1 March 2023, these are the notices of the Official Gazette of the Canton of Valais on the Swiss Official Gazettes Portal. In the event of a discrepancy, it prevails over any information displayed by the Service.

7.3 Appeal deadlines run independently of the Service. The Service displays the publication date and the official text of the appeal instructions; any countdown it presents is indicative. It is for the Client to check the applicable deadlines in the official notice. The date on which an alert is received has no bearing on when a deadline starts to run.

7.4 The Service may fail to detect a notice, report one that does not concern the portfolio, or contain errors, in particular in the cases described in Article 2.5. It is a monitoring aid and does not relieve the Client of the vigilance needed to safeguard its own rights and those of its principals.

7.5 The Service provides no legal advice.

8. Availability and liability

8.1 PMAX uses reasonable means to ensure the availability and proper functioning of the Service. This is an obligation of means, with no guarantee of result. The Service may be interrupted, in particular for maintenance or where the third-party data sources, over which PMAX has no control, are unavailable.

8.2 PMAX's liability, for all damage and on all legal grounds taken together, is limited to the amount paid by the Client for the twelve months preceding the damaging event.

8.3 PMAX is not liable for indirect or consequential damage, in particular:

• loss of profit;
• the loss of a mandate or of clientele;
• loss of data attributable to the Client;
• the loss of a right or a deadline because a notice was not reported, was reported late or was reported inaccurately.

8.4 The limitations of Articles 8.2 and 8.3 also apply to PMAX's liability for its auxiliaries and subcontractors (Art. 101 para. 2 of the Code of Obligations).

8.5 PMAX is not liable for non-performance or delay due to force majeure or an event beyond its reasonable control, in particular:

• a failure or a change of the third-party data sources;
• a failure of the networks or of the hosting provider;
• a cyber-attack despite appropriate security measures;
• a decision of an authority.

8.6 The Client reports in writing to PMAX any malfunction observed, within 30 days of discovering it, so as to allow PMAX to remedy it.

8.7 PMAX's liability remains reserved for damage caused intentionally or by gross negligence, and in the other cases where the law prohibits excluding or limiting it.

9. Intellectual property, data and source of the data

9.1 The data of the official notices comes from the Swiss Official Gazettes Portal, operated by SECO, and from the authorities that issue them. It is re-used in accordance with the terms of that portal. The map data comes from swisstopo (“© swisstopo”) and the parcel data from the official cadastral survey of the Canton of Valais; it is used in accordance with the terms of its providers.

9.2 The name “Kadastra”, the interface, the texts and the code of the Service are the property of PMAX or of its licensors. The Client has a non-exclusive, non-transferable and non-sublicensable right of use for the duration of the contract.

9.3 The Client retains all rights in the data of its portfolio. PMAX acquires no right in it other than that of processing it in order to provide the Service, in accordance with the appendix.

9.4 PMAX may produce and use anonymised and aggregated statistics, which make it possible to identify neither the Client nor any person, in order to operate and improve the Service.

10. Confidentiality

10.1 Each party treats as confidential the information of the other party of which it becomes aware in connection with the contract, in particular the composition of the Client's portfolio and the commercial terms.

10.2 This obligation does not apply to information:

• that is or becomes public through no fault of the receiving party;
• that it already lawfully knew;
• whose disclosure is required by law or by an authority; in that case, the party concerned informs the other, to the extent permitted.

10.3 PMAX mentions the Client's name as a reference only with its prior written agreement.

10.4 This obligation survives the end of the contract.

11. Transfer of the contract

PMAX may transfer the contract to an entity taking over operation of the Service, provided the Client is informed in writing at least 30 days in advance. The Client may then terminate the contract as of the date of the transfer, with a refund of the unused part of the period paid for. The Client may transfer the contract only with PMAX's written agreement.

12. Amendment of the Pro Terms

12.1 PMAX may amend these Pro Terms and their appendix. Any amendment is announced to the Client by email at least 30 days before it enters into force.

12.2 If an amendment is unfavourable to the Client, the Client may terminate the contract as of the date the amendment enters into force; the unused part of the period paid for is then refunded to it. Failing that, the amendment is deemed accepted.

13. Applicable law and jurisdiction

13.1 These Pro Terms are drawn up in French and translated into German and English. In the event of any discrepancy, the French version is binding.

13.2 The contract is governed by Swiss law, excluding its conflict-of-laws rules and the United Nations Convention on Contracts for the International Sale of Goods.

13.3 The exclusive place of jurisdiction is PMAX's registered office, in Saxon (Canton of Valais). PMAX may also bring proceedings at the Client's registered office or domicile.

13.4 If a provision is invalid, the other provisions remain applicable. The invalid provision is replaced by a valid provision whose effect comes as close as possible to the intended purpose.

Appendix — Data processing agreement

An integral part of the Kadastra Pro terms and conditions

A1. Subject matter and roles

A1.1 This agreement governs the processing of personal data carried out by PMAX on behalf of the Client in connection with the Service, in accordance with Article 9 FADP.

A1.2 For the data of its portfolio, the Client is the controller and PMAX is the processor. The Client warrants that the processing it entrusts to PMAX is lawful and that it would itself be entitled to carry it out (Art. 9 para. 1 let. a FADP).

A1.3 For the data of the Client's access account (email address, preferences, sessions, security logs), PMAX acts as controller, in accordance with its privacy policy.

A1.4 The data from the official notices is not part of the portfolio data. Its content is a matter for the authorities that issue it. Its collection, its limited retention and its matching against the parcels are PMAX's own processing, described in its privacy policy, and not processing carried out on behalf of the Client. It is therefore neither returned nor deleted under Article A10. The Client's alerts, which link a notice to a parcel in its portfolio, are by contrast part of its data.

A1.5 If the Client is subject to Regulation (EU) 2016/679 (GDPR), this agreement serves as the contract within the meaning of Article 28 GDPR, and references to the FADP are to be understood as including the corresponding provisions of the GDPR.

A2. Description of the processing

A3. Instructions of the Client

A3.1 PMAX processes the portfolio data only on the documented instruction of the Client. The Pro Terms, the offer and the Client's use of the Pro console constitute its instructions. Any additional instruction is given in writing; if it entails additional work, it may be invoiced as agreed.

A3.2 PMAX uses the portfolio data for no purpose other than providing the Service to the Client. It does not sell it, does not disclose it to any other client and does not exploit it for its own account. Only the anonymised statistics of Article 9.4 of the Pro Terms are reserved.

A3.3 If PMAX considers that an instruction infringes the applicable law, it informs the Client without delay and may suspend its execution.

A3.4 If PMAX is required by law or by an authority to disclose portfolio data, it informs the Client beforehand, unless prohibited by law.

A4. Confidentiality

PMAX ensures that the persons authorised to access the portfolio data are limited in number, individually designated and bound to confidentiality by contract or by law, including after they leave their position.

A5. Security

PMAX implements technical and organisational measures appropriate to the risk, in accordance with Article 8 FADP and Articles 1 to 6 of the Data Protection Ordinance (DPO), in particular:

• hosting of the Service and its data in Switzerland;
• encryption of communications (HTTPS);
• separation of each client's data within the Service;
• irreversible hashing of passwords and limitation of sign-in attempts;
• server access restricted to individually designated persons, by cryptographic key;
• daily encrypted backups, kept in Switzerland, off the server;
• regular application of security updates.

PMAX may develop these measures further, provided the level of protection is not lowered.

A6. Sub-processors

A6.1 The Client authorises PMAX to use the following sub-processors:

A6.2 PMAX informs the Client by email at least 30 days before adding or replacing a sub-processor. The Client may object on a legitimate ground relating to data protection. Failing agreement, it may terminate the contract as of the date of the change, with a refund of the unused part of the period paid for.

A6.3 PMAX imposes on each sub-processor data protection obligations equivalent to those of this agreement and is liable to the Client for compliance with them, within the limits of Article 8 of the Pro Terms.

A6.4 The federal geoinformation services (swisstopo) and the Swiss Official Gazettes Portal (SECO) are not sub-processors: they are providers of public data. The location requests sent to swisstopo contain only cadastral references, with no identifier of the Client.

A6.5 No portfolio data is transferred outside Switzerland.

A7. Assistance to the Client

A7.1 PMAX assists the Client, as far as it is able, in responding to the requests of the persons concerned (access, rectification, erasure, objection). It forwards to the Client without delay any such request that reaches it directly, without answering it itself, unless instructed otherwise by the Client.

A7.2 PMAX provides the Client, on request, with the information needed for an impact assessment or for a consultation of the Federal Data Protection and Information Commissioner (FDPIC).

A8. Breach of data security

PMAX notifies the Client as soon as possible (Art. 24 para. 3 FADP), and as a rule within 72 hours of becoming aware of it, of any breach of data security affecting its portfolio. It communicates to the Client:

• the nature of the breach;
• its likely consequences;
• the measures taken or envisaged.

This information must enable the Client to fulfil its own notification obligations.

A9. Audit

A9.1 PMAX makes available to the Client, on request, the information needed to demonstrate compliance with this agreement.

A9.2 The Client may, once a year and with 30 days' notice, have an audit carried out, by itself or by a third party bound by secrecy who is not a competitor of PMAX. The audit is carried out primarily on the basis of documents, during business hours and without disrupting operations; its costs are borne by the Client. An additional audit is possible in the event of a breach of data security or at the request of an authority.

A10. End of the processing

At the end of the contract, PMAX returns the portfolio data by export, then deletes it, in accordance with Article 5 of the Pro Terms. It confirms the deletion to the Client on request.

PMAX SA — Chemin des Quiess 12 — 1907 Saxon — Commercial register: CH-621.3.006.895-2 — UID/VAT: CHE-112.203.929

Contact: pro@kadastra.ch