Trial Agreement Template for Switzerland

A Trial Agreement lets companies test products or services before making a full commitment. It's a short-term contract that sets clear rules for trying out software, equipment, or solutions under Swiss law - usually lasting 30 to 90 days.

These agreements protect both sides during the trial period by spelling out key details like data handling, confidentiality, and liability limits. Swiss businesses often use them to evaluate enterprise software or complex machinery while staying compliant with federal data protection requirements. Once the trial ends, parties can either move forward with a full contract or walk away without further obligations.

Use a Trial Agreement when evaluating complex or high-value products before making a major purchase commitment. This agreement becomes essential for Swiss companies testing enterprise software, manufacturing equipment, or specialized business solutions that require significant investment or integration with existing systems.

The agreement proves particularly valuable when testing involves sensitive data transfers, technical infrastructure access, or potential intellectual property exposure. It helps companies comply with Swiss data protection laws while evaluating solutions, especially in regulated industries like banking, healthcare, or telecommunications where data security and privacy requirements are strict.

• Basic Software Trial: Commonly used for testing SaaS products, with focus on data privacy and access limitations under Swiss law
• Equipment Testing: Designed for industrial machinery trials, emphasizing safety protocols and liability coverage
• Service Evaluation: Structured for professional service testing periods, outlining deliverables and performance metrics
• Proof of Concept: Tailored for innovative technology trials, protecting intellectual property rights and confidential information
• Limited Production Run: Used in manufacturing contexts to test production capabilities with specific output targets

• Technology Vendors: Provide products or services for trial, set technical parameters, and offer support during testing phase
• Corporate Clients: Test solutions under controlled conditions, evaluate performance, and assess fit with business needs
• Legal Departments: Draft and review agreements, ensure compliance with Swiss data protection laws, manage liability risks
• IT Teams: Coordinate technical implementation, monitor system integration, and evaluate performance metrics
• Data Protection Officers: Oversee privacy compliance, especially when trials involve personal data processing

• Product Details: Document exact specifications, features, and scope of what's being tested
• Trial Parameters: Define duration, success metrics, and any technical requirements or limitations
• Data Handling: Map out what data will be processed, how it's protected, and compliance with Swiss privacy laws
• Access Rights: List who needs system access, their roles, and security clearance levels
• Exit Strategy: Plan termination procedures, data deletion protocols, and transition requirements
• Cost Structure: Outline any trial fees, support costs, and potential full implementation pricing

• Parties: Full legal names and addresses of both trial provider and user
• Trial Scope: Detailed description of products/services, testing parameters, and usage limitations
• Duration: Clear start and end dates, extension conditions, and termination rights
• Data Protection: Compliance with Swiss Federal Data Protection Act, data handling procedures
• Confidentiality: Protection of trade secrets and sensitive information during trial period
• Liability: Risk allocation, warranty disclaimers, and insurance requirements
• Governing Law: Swiss law application and jurisdiction specifications

A Trial Agreement differs significantly from a Consultancy Agreement, though both involve temporary business relationships. While Trial Agreements focus on testing specific products or services before purchase, Consultancy Agreements establish longer-term professional service relationships.

• Duration and Purpose: Trial Agreements typically run 30-90 days for product evaluation, while Consultancy Agreements often span months or years for ongoing expert advice
• Payment Structure: Trial Agreements may be free or have minimal costs, whereas Consultancy Agreements include detailed fee schedules and payment terms
• Deliverables: Trial Agreements focus on product testing and evaluation metrics, while Consultancy Agreements outline specific professional services and expertise
• Legal Obligations: Trial Agreements emphasize limited liability and temporary access rights, while Consultancy Agreements create more substantial professional obligations under Swiss law