Terms of Use

1. Provider / Operator

Legal entity responsible for the platform:

Hamerly AG, Herbergstrasse 31, 9524 Zuzwil (SG), Switzerland, hello@hamerly.co

2. Purpose of the Platform

HAMERLY is a digital platform for the coordination of construction projects.

The platform enables task management, snag tracking, photo documentation, project communication, document management with version control, time tracking and HR management, automatic translation of project content, audit and workflow history, and export functions such as PDF, CSV, and ZIP exports.

HAMERLY is solely a software tool. HAMERLY does not provide site management, technical inspection, or legal assessment of project data.

3. Registration and User Accounts

• Users must provide accurate and up-to-date information.
• Users are responsible for protecting their login credentials.
• Google Sign-in may be offered as an authentication method.
• Accounts may be suspended or restricted in cases of misuse or security concerns.

4. Project Workspaces

A project is created by a responsible project owner or administrator. This person may invite additional participants and assign roles within the project workspace.

Project administrators are responsible for managing participants and permissions within their projects.

5. Roles and Access Rights

HAMERLY may provide roles such as administrator, project lead, and participant.

Project administrators are solely responsible for assigning access rights correctly. HAMERLY assumes no responsibility for incorrectly assigned permissions.

6. User Content

Users are solely responsible for all content they upload, store, or publish on the platform.

• This applies in particular to photos, documents, comments, and project data.
• No content may infringe third-party rights.
• No content may include personal data of uninvolved persons without proper authorization.
• No content may violate applicable law.

7. Time Tracking and HR Functions

The platform includes optional time tracking and HR functionality. Workers may clock in and out via mobile device. Companies can track, approve, and export working hours per employee as CSV or PDF.

When Bauleitung (general contractors) access time tracking data, they see company-level hour totals only — never individual employee names, clock-in/out times, or approval history. This design is intended to comply with GDPR data minimisation principles and Swiss DSG.

Time tracking is an optional paid add-on and requires an active Base plan.

8. Translation Functions

The platform may offer automatic translation of project content using third-party translation services (currently DeepL). When translation is used, the relevant text content is transmitted to the translation provider for processing.

Users should not translate content that includes confidential personal data of third parties. Users are responsible for assessing whether use of the translation function is appropriate for their content.

9. Upload Location Data

When uploading photos or documents, the platform may capture the approximate device location (latitude, longitude, and accuracy) to document where work took place. This data is stored alongside the upload and is visible to project members only.

Users may decline location capture at any time within the app. Deletion of location data may be requested by contacting hello@hamerly.co.

10. Platform Availability

HAMERLY aims to provide a high level of platform availability. However, uninterrupted and error-free availability at all times cannot be guaranteed.

11. Data Storage, Versioning and Backups

Project data is stored within the platform. The platform maintains version history for documents where supported. HAMERLY may perform backups but does not guarantee complete data recovery in every case.

12. Export Functions

Exported files may contain project details, comments, photos, documents, workflow history, time tracking records, and timestamps.

Users are responsible for the secure storage, sharing, and onward transmission of exported files.

13. Account Data Export and Deletion

Users may request an export of their personal account data or request account deletion via the platform settings or by contacting hello@hamerly.co.

Upon account deletion, personal account data is removed subject to applicable retention obligations. Project data associated with shared workspaces may be retained for the applicable project retention period.

14. Data Processing Agreement for Business Customers

Business customers who process personal data of employees or project participants via the Hamerly platform may enter into a Data Processing Agreement (DPA) with HAMERLY through the platform's company settings.

The DPA governs the processing of personal data in accordance with applicable data protection law, including the GDPR and Swiss DSG.

15. Payment Terms

The current pricing structure is shown on the platform or website. Payment processing is carried out via Stripe. Stripe's own terms and conditions also apply where relevant.

Paid project access may be limited to the agreed term and may require renewal in order to maintain active use of a project.

16. Limitation of Liability

HAMERLY is not liable for project decisions, construction defects, project delays, user-entered data, or damages resulting from improper use of the platform.

HAMERLY also does not provide legal advice or construction engineering advice.

17. Project and Data Lifecycle

Projects may be archived by the user or may expire after the agreed subscription term. Archived or expired projects enter a 90-day retention period during which project data remains accessible for download.

After this 90-day period, project content is generally deleted and recovery cannot be guaranteed. Certain records such as audit logs or system event history may be retained where necessary for legal, security or operational reasons. Trial-expired projects follow the same retention logic. Users receive advance notification before a project expires.

18. Termination of Accounts

Users may stop using the platform at any time. HAMERLY may suspend or terminate accounts in cases of misuse, legal violations, or security concerns.

19. Changes to the Platform

HAMERLY may modify, expand, limit, or discontinue platform functions at any time.

20. Applicable Law and Jurisdiction

Swiss law applies. The place of jurisdiction is St. Gallen, Switzerland.

21. Contact

Hamerly AG, Herbergstrasse 31, 9524 Zuzwil (SG), Switzerland, hello@hamerly.co

Additional Provisions

• Project administrators are responsible for inviting only authorized persons to projects.
• When uploading photos, users must ensure that no personal data of uninvolved persons is published without consent.
• When using translation functions, users are responsible for the suitability and confidentiality of translated content.
• HAMERLY does not constitute legal or construction-technical advice.