T&Cs Software-as-a-Service (SaaS)
By signing up (creating an account), you accept the following General Terms and Conditions.
1. Introduction
1.1 Business Partners
This contract governs the relationship between the company hundertzehn GmbH (hereinafter referred to as "Operator") and the account creator (hereinafter referred to as "Client") of the online and mobile service offering mocoapp.com (also referred to as MOCO). A Client is any natural or legal person who registers for the aforementioned offering. The Client can register users (hereinafter referred to as "Clients") for MOCO, who can use MOCO according to the rights granted by the Client. This contract governs the relationship between the Operator and the Client.
1.2 Acceptance of the T&Cs
By registering on mocoapp.com and using the associated services, the Client and users agree to the T&Cs.
1.3 Changes
The Operators reserve the right to change these T&Cs at any time without stating reasons. Changes will be communicated 60 days before they take effect. By continuing to use mocoapp.com after the amended T&Cs take effect, the Client agrees to them.
2. Conclusion of Contract
2.1 Subject of the Contract
The Operator provides SaaS services for its Clients via the Internet in the field of business software. The subject of the contract is the provision of the Operator's software for use over the Internet and the storage of the Client's data (data hosting). All offers are non-binding and without obligation. The Operator expressly reserves the right to change, supplement, delete parts of or the entire offer without separate announcement or to temporarily or permanently cease publication.
2.2 Registration and Data Update
After registering on mocoapp.com, the Client receives a personal account consisting of an email address and password. These and any other access data must not be shared. The Client is responsible for their safe storage. Registration under a false name, address, birth date, and fictitious email accounts is not permitted. In the case of obviously fictitious information, the Operator reserves the right to delete the account. The Client ensures that all their account data is kept up to date. They particularly ensure that their payment information is current and that they can fulfill their payment obligations. If the Client fails to meet their payment obligations due to insufficient information, the Operator may suspend their services in accordance with the provisions of section 2.10.
2.3 Client Obligations
The Client agrees not to misuse the mocoapp.com platform, particularly not to introduce data into the system that could compromise the platform's security. They ensure that their devices are up to date with the latest technology and that operating systems are regularly updated. They commit to using security systems to detect harmful software and manipulations. They agree not to undertake any actions that negatively affect the platform's availability for themselves and other Clients. The Client agrees to indemnify the Operators for any damages, including third-party claims and any consequential costs, if they violate these T&Cs.
The Client agrees to prevent unauthorized third-party access to the software through appropriate measures. This includes keeping "User ID" (email address) and password, as well as other authentication means, confidential and inaccessible to third parties. The Client must also inform their users about this. The Client is responsible for entering and maintaining the data and information required to use the SaaS service. This particularly includes creating and maintaining paid user accounts.
2.4 Free Trial Period
Each Client can use mocoapp.com for free for 30 days after registration. After this trial period, the Client does not automatically enter into a paid subscription. If the Client wishes to continue using mocoapp.com, they will be prompted via email before the end of the free trial period to enter their billing information on mocoapp.com. If they do not comply with this request, their Client account will be suspended and deleted at the earliest after 30 days. Upon concluding the contract, the Client is also prompted to complete the Data Processing Agreement, which is mandatory for processing personal data in compliance with data protection laws.
2.5 Commercial Use
The platform is intended for commercial Clients (B2B). By activating the subscription, the user confirms that they will use mocoapp.com exclusively for commercial purposes.
2.6 Subscription
If the Client enters their billing address and payment method on mocoapp.com by the end of the free trial period as described in 2.3, they will enter into a monthly paid subscription from that point onward.
2.7 Software Provision
2.7.1 The provider offers the Client the MOCO® software solution in its current version over the internet for a fee during the subscription period. For this purpose, the provider stores the software on a server accessible to the Client via the internet. Updates or upgrades are included in the subscription.
2.7.2 The current functionality of the software, following further development, is detailed in the service description on the provider's website at www.mocoapp.com.
2.7.3 The provider continuously monitors the functionality of the software and promptly rectifies any software errors that limit or prevent the use of the software, in accordance with technical possibilities.
2.7.4 Browser extensions and mobile apps are not part of the paid subscription and are considered non-binding additional services.
2.8 Fees
The Client agrees to pay the provider the agreed monthly fee plus VAT for the software provision and data hosting. Payment is made via credit card or direct debit. The corresponding invoice is available in the account under Settings / Subscription. A fee of 20 EUR will be charged for each returned direct debit.
2.9 Pricing
The current valid prices for the Client are always visible in Moco under Menu: Settings / Subscription. The currency depends on the respective national currency of the Client's location. The calculation of the fee is determined by the chosen plan and the average number of active users per month in the Client account, as well as activated paid additional features. Any country-specific additional taxes or fees may increase the subscription price retroactively. The provider reserves the right to change prices at any time. Changes will be communicated 60 days before they take effect. By continuing to use mocoapp.com after the new prices take effect, the Client agrees to them.
2.10 Termination
2.10.1 The SaaS contract is concluded for an indefinite period. Termination of the use of mocoapp.com is possible at any time at the end of the current month without notice directly in the respective account (Settings / Subscription). Termination also constitutes the cancellation of this contractual relationship. Termination results in the deletion of the account, including all data. Termination can only be carried out by the account owner. If owners wish to request data provision, they must contact the provider directly via email (info@mocoapp.com). The entry and exit of employees are possible at any time and will be calculated proportionally in the current month.
2.10.2 The immediate termination of the contract for a significant reason remains unaffected for the parties. A significant reason for the provider exists, in particular, if the Client:
- becomes insolvent or the opening of insolvency proceedings is rejected due to lack of assets
- is in arrears with payment obligations from this contractual relationship to the extent of at least one month's fees and has been unsuccessfully reminded with a grace period of at least 20 days and under threat of contract termination; notifications and setting of the grace period can be legally binding via the means agreed in Section 2.11 or Section 7, additional notifications are not necessary.
- culpably violates legal regulations or infringes third-party copyrights, industrial property rights, or naming rights when using the contractual service
- engages in or supports criminal, illegal, or ethically questionable actions when using the platform, impairs the security of the platform through excessive use (affecting availability) or other actions that significantly endanger the confidentiality or integrity of the data stored on the platform.
2.11 Communication between the Parties
Communication between the parties can occur via the methods offered by the platform. These include using the chat function, exchanging via email, or other means provided by the platform. For notifications, Section 7 applies accordingly.
3. Data Protection and Data Security
3.1 Data Protection
The provider adheres to the provisions of the Swiss Data Protection Act and the EU General Data Protection Regulation. To meet these requirements, the following agreements are additionally concluded for the contractual use of the Moco service:
- A privacy policy that all MOCO users must agree to when opening an account. Without this agreement, no account can be opened.
- A data processing agreement (DPA) between hundertzehn GmbH and the Client
3.2 Confidentiality
The provider commits to maintaining strict confidentiality about all confidential processes, especially business or trade secrets of the Client, that become known to him in the course of preparing, executing, and fulfilling the contract, and not to disclose or otherwise exploit them.
3.3 Data Encryption
Moco's data security measures (TOMs, Technical-Organizational Measures) are described in the Data Processing Agreement.
3.4 Data Backup and Provision
The operator is obligated to take appropriate precautions against data loss and to prevent unauthorized third-party access to the client's data.
To secure all client data generated during use, the operator creates a backup twice a day. This backup is stored on other servers that are secured with multiple redundancies. This backup provides protection against system failures. The client has no right to data restoration. Whether and when the operator restores data is at the operator's discretion. The client ensures that they regularly export their data.
An individual reconstruction of data is possible upon request and will be charged based on effort.
The client remains the sole owner of the data in any case and can therefore request the release of individual or all data from the operator at any time, especially after contract termination, without the operator having any right of retention. The release of data is carried out by transmission over the data network. This data provision and release and billing occur by arrangement and effort. The client has no claim to receive software suitable for using the data.
Special provisions apply to the transfer of personal data. These are included in the Privacy Policy and described in the DPA.
4. Warranty/Availability
4.1 Warranty
The operator warrants the functionality and operational readiness of the SaaS service exclusively according to the following provisions. The operator assumes no warranty for the availability and correct function of third-party services.
4.2 Availability
For technical reasons beyond the operator's control, platform outages may occur. In such cases, the operator guarantees to do everything within its power to restore availability as quickly as possible. Preventive measures have been taken by the operator under 3.4.
5. Liability
The operator assumes no warranty for the timeliness, correctness, completeness, or quality of the provided services. Liability claims against the operator relating to material or immaterial damages caused by the use or non-use of the services or by the use of incorrect and incomplete information are generally excluded, unless there is proven intentional or grossly negligent fault on the part of the operator.
5.1 Unauthorized Knowledge Acquisition
The operator is not liable for unauthorized acquisition of personal client data by third parties, provided it has fulfilled its duty of care (e.g., through unauthorized access by hackers to the database). The operator cannot be held liable for information and data that the client themselves have made accessible to third parties being misused by them.
5.2 Stored Content
The client bears sole responsibility for stored content and files that require licensing (e.g., fonts and images). They ensure that the processing of personal data they collect complies with the requirements of the applicable data protection laws.
5.3 Third-Party Claims
The client agrees to indemnify the operator from all third-party claims based on the data they have stored and to reimburse the operator for costs incurred due to potential legal violations.
5.4 Suspicion of Illegality
The operator is entitled to immediately block the account if there is a justified suspicion that the stored data is illegal and/or infringes on third-party rights. A justified suspicion of illegality and/or infringement exists, in particular, if courts, authorities, and/or other third parties inform the operator. The operator must promptly inform the client of the removal and the reason for it. The block is to be lifted as soon as the suspicion is refuted.
6. Support and Customer Service
6.1 Via In-App Support or Email
The operator will respond to client inquiries (via In-App Support or Email) regarding the application of the contractual software as quickly as possible after receipt.
7. Notifications
All notifications must be addressed in writing to the specified addresses as per section 2.11. Sending via email satisfies the requirement for written form. The Client must ensure that their contact information is always up-to-date and is obligated to promptly inform the operator of any address changes (physical, email, or other); otherwise, notifications sent to the last recorded addresses are considered legally received.
8. Final Provisions
8.1 Severability Clause
If a competent authority deems one or more provisions of these terms and conditions to be void or ineffective, the validity of the remaining provisions shall remain unaffected. In such a case, the void or ineffective provision will be replaced by a legally permissible provision that is as economically equivalent as possible. The same applies to any potential gaps.
8.2 Jurisdiction
Swiss law exclusively applies. The place of jurisdiction is Zurich.
8.3 Date
These terms and conditions are valid from January 10, 2024.
