GTC Software-as-a-Service (SaaS)
By registering (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 "Customer") of the online and mobile service offering mocoapp.com (hereinafter also referred to as MOCO). A customer is any natural or legal person who has registered for the above-mentioned offer. The customer can, in turn, register users (hereinafter referred to as "Customers") for MOCO, who can use MOCO according to the rights granted by the customer. This contract governs the relationship between the operator and the customer.
1.2 Acceptance of the GTC
By registering on mocoapp.com and the associated services, the customer and user agree to the GTC.
1.3 Changes
The operators reserve the right to change these GTC at any time and without stating reasons. Changes will be communicated 60 days before they come into effect. By continuing to use mocoapp.com after the amended GTC come into effect, the customer agrees to them.
2. Conclusion of Contract
2.1 Subject of the Contract
The operator provides SaaS services for its customers 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 customer data (data hosting). All offers are non-binding and without obligation. The operator expressly reserves the right to change, supplement, delete parts or the entire offer without separate announcement or to cease publication temporarily or permanently.
2.2 Registration and Data Update
After registering on mocoapp.com, the customer receives a personal account consisting of an email address and password. These and any other access data must not be passed on. The customer is responsible for their safe storage. Registration under a false name, false address, false date of birth, and fictitious email accounts is not permitted. In the case of obviously fictitious information, the operator reserves the right to delete the account. The customer ensures that all of his account data is kept up to date. He particularly ensures that his payment information is current and that he can meet his payment obligations. If the customer fails to meet his payment obligation because his information is insufficient, the operator may suspend his services in accordance with the provisions of section 2.10.
2.3 Customer Obligations
The customer undertakes not to misuse the mocoapp.com platform, particularly not to introduce any data into the system that could compromise the security of the platform. He ensures that his end devices are up to date with the latest technology and that the operating systems are regularly updated. He undertakes to use security systems to detect harmful software and manipulations. He undertakes not to take any actions that negatively affect the availability of the platform for himself and other customers. The customer undertakes to indemnify the operators for any damages, including third-party claims and any consequential costs, if he violates these GTC.
The customer undertakes to prevent unauthorized third-party access to the software through appropriate measures. This includes, in particular, keeping "User ID" (email address) and password as well as other authentication means secret and not making them accessible to third parties. The customer must also inform his users about this. The customer is responsible for entering and maintaining the data and information required to use the SaaS service. This includes, in particular, the creation and maintenance of paid user accounts.
2.4 Free Trial Period
Each customer can use mocoapp.com for 30 days free of charge after registration. After this trial period, the customer does not automatically enter into a paid subscription. If the customer wishes to continue using mocoapp.com, he will be asked via email to enter his billing information on mocoapp.com before the end of the free trial period. If he does not comply with this request, his customer account will be blocked and deleted no earlier than 30 days later. Upon conclusion of the contract, the customer will also be asked to complete the Data Processing Agreement, which is mandatory for the processing of personal data in compliance with data protection laws.
2.5 Commercial Use
The platform is intended for commercial customers (B2B). By activating the subscription, the user confirms that he will use mocoapp.com exclusively for commercial purposes.
2.6 Subscription
If the customer has entered his billing address and payment method on mocoapp.com by the end of the free trial period as described in 2.3, the customer will enter into a monthly paid subscription from that point on.
2.7 Software Provision
2.7.1 The operator provides the customer with the MOCO® software solution in the respective current version via the internet for use during the subscription period for a fee. For this purpose, the operator stores the software on a server that is accessible to the customer via the internet. Updates or upgrades are included in the subscription.
2.7.2 After further development, the current functionality of the software is derived from the service description on the operator's website at www.mocoapp.com.
2.7.3 The operator continuously monitors the functionality of the software and promptly rectifies all software errors that restrict or make the use of the software impossible, according to technical possibilities.
2.7.4 Browser extensions and mobile apps are not part of the paid subscription and represent a non-binding additional service.
2.8 Fee
The customer agrees to pay the operator the agreed monthly fee plus VAT for the software provision and data hosting. Payment is made by credit card or direct debit. The corresponding invoice is provided in the account under Settings / Subscription. A fee of 20 EUR will be charged for each returned direct debit.
2.9 Prices
The currently valid prices for the customer are always visible in Moco in the menu: Settings / Subscription. The currency depends on the respective national currency of the customer's location. The average number of active users per month in the customer account is decisive for the calculation of the fee. Any country-specific additional taxes or fees may increase the subscription price retroactively. The operator 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 changed prices take effect, the customer agrees to these changes.
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 corresponds to the termination 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 operator directly by 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 good cause remains unaffected for both parties. Good cause for the operator exists in particular if the customer:
- goes bankrupt or the opening of bankruptcy 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 the 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 copyrights, industrial property rights, or third-party naming rights when using the contractual service
- carries out or supports criminal, illegal, or ethically questionable actions when using the platform, impairs the security of the platform through excessive use (impairment of 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 take place via the methods offered by the platform. These include the use of the chat function, exchange via email, or other means offered by the platform. For notifications, Section 7 applies accordingly.
3. Data Protection and Data Security
3.1 Data Protection
The operator 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, which all MOCO users must agree to when opening an account. Without this consent, no account can be opened.
- A data processing agreement (DPA) between hundertzehn GmbH and the customer
3.2 Confidentiality
The operator undertakes to maintain the strictest confidentiality about all confidential processes, particularly business or trade secrets of the customer, which become known to him in the course of preparing, executing, and fulfilling the contract, and not to pass them on or otherwise exploit them.
3.3 Data Encryption
The data security measures (TOMs, Technical-Organizational Measures) by Moco are described in the Data Processing Agreement.
3.4 Data Backup and Provision
The operator is obliged to take appropriate precautions against data loss and to prevent unauthorized access by third parties to the customer's data.
To secure all customer data generated during use, the operator creates a backup twice a day. This backup is stored on other servers that are redundantly secured multiple times. This backup provides protection against system failures. The customer has no right to restore their data. When and if the operator restores data is at the operator's discretion. The customer ensures that they regularly export their data.
An individual reconstruction of data is possible upon request and will be charged based on effort.
The customer remains the sole owner of the data in any case and can therefore demand the release of individual or all data from the operator at any time, especially after termination of the contract, without the operator having a right of retention. The release of the data is done by transmission over the data network. This data provision and release and invoicing is done by agreement and effort. The customer has no right 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 in accordance with the following provisions. The operator assumes no warranty for the availability and correct functioning of third-party services.
4.2 Availability
For technical reasons beyond the operator's control, there may be outages of the platform. In this case, the operator guarantees to do everything in his 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 service. Liability claims against the operator, which refer to material or immaterial damages caused by the use or non-use of the service or by the use of incorrect and incomplete information, are generally excluded, provided there is no demonstrably intentional or grossly negligent fault on the part of the operator.
5.1 Unauthorized Knowledge
The operator is not liable for the unauthorized acquisition of personal customer data by third parties, provided he has fulfilled his duty of care (e.g., through unauthorized access by hackers to the database). The operator can also not be held liable for information and data that the customer has made accessible to third parties being misused by them.
5.2 Stored Content
The customer bears sole responsibility for stored content and files that are subject to licensing (e.g., fonts and images). He ensures that the processing of personal data he has collected complies with the requirements of the applicable data protection law.
5.3 Third-Party Claims
The customer undertakes to indemnify the operator from all third-party claims based on the data he has stored and to reimburse the operator for the costs incurred due to possible 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 the rights of third parties. A justified suspicion of illegality and/or infringement of rights exists in particular if courts, authorities, and/or other third parties inform the operator thereof. The operator must inform the customer of the removal and the reason for it without delay. 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 customer inquiries (via in-app support or email) regarding the use of the contractual software as quickly as possible after receipt.
7. Notifications
All notifications must be sent in writing to the specified addresses in accordance with section 2.11. Sending via email meets the requirement for written form. The customer must ensure that their contact details are always up to date and is obliged to inform the operator of any address changes (physical, email, other) without delay, otherwise notifications sent to the last recorded addresses shall be deemed legally effective.
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 this 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 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.
