Terms and Conditions for Software-as-a-Service (SaaS)
By registering (creating an account), you accept the following Terms and Conditions.
1. Introduction
1.1 Contracting Parties
This contract governs the relationship between hundertzehn GmbH (hereinafter the “Operator”) and the account creator (hereinafter the “Client”) of the online and mobile service offering mocoapp.com (hereinafter also referred to as MOCO). A Client is any natural or legal person who has registered for the above-mentioned service. The Client may, in turn, register users for MOCO (hereinafter “Users”), who may use MOCO in accordance with the rights assigned to them by the Client. This contract governs the relationship between the Operator and the Client.
1.2 Acceptance of the Terms and Conditions
By registering on mocoapp.com and using the associated services, the Client and Users agree to these Terms and Conditions.
1.3 Changes
The Operator reserves the right to amend these Terms and Conditions at any time and without stating reasons. Changes will be communicated 60 days before they take effect. By continuing to use mocoapp.com after the amended Terms and Conditions take effect, the Client agrees to them.
2. Entering into the Contract
2.1 Subject Matter of the Contract
The Operator provides SaaS services to its Clients via the internet in the field of business software. The subject matter of this contract is the provision of the Operator’s software for use via the internet and the storage of the Client’s data (data hosting). All offers are subject to change and non-binding. The Operator expressly reserves the right to change, supplement, delete, or temporarily or permanently discontinue publication of parts of, or the entire, offering without separate notice.
2.2 Registration and Updating Data
After registering on mocoapp.com, the Client receives a personal account consisting of an email address and password. These, as well as any other access data, must not be shared. The Client is responsible for keeping them secure. Registration under a false first name and surname, false address, false date of birth, or fictitious email accounts is not permitted. In the event of clearly fictitious information, the Operator reserves the right to delete the account. The Client ensures that all account data is kept up to date. In particular, the Client ensures that payment information is current and that they are able to meet their payment obligations. If the Client fails to meet their payment obligations because their information is insufficient, the Operator may suspend its services in accordance with the provisions of section 2.10.
2.3 Client Obligations
The Client undertakes not to misuse the mocoapp.com platform, in particular not to introduce any data into the system that could compromise the security of the platform. The Client ensures that their end devices are up to date and that operating systems are updated regularly. The Client undertakes to use security systems to detect malicious software and tampering. The Client undertakes not to take any actions that negatively affect the availability of the platform for themselves or other Clients. The Client undertakes to indemnify the Operator against any damage, including third-party claims, and any consequential costs of any kind, if the Client breaches these Terms and Conditions.
The Client undertakes to prevent unauthorised third-party access to the software by taking appropriate measures. This includes, in particular, keeping the “User ID” (email address) and password, as well as other authentication methods, confidential and not making them accessible to third parties. The Client must also inform their Users accordingly. The Client is responsible for entering and maintaining the data and information required to use the SaaS service. This includes, in particular, creating and maintaining paid user accounts.
2.4 Free Trial Period
Each Client may use mocoapp.com free of charge 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 asked by email before the end of the free trial period to enter their billing details via mocoapp.com. If they do not comply with this request, their Client account will be blocked and deleted no earlier than after 30 days. When entering into the contract, the Client will also be asked to conclude the Data Processing Agreement, which is mandatory under data protection law when processing personal data.
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 has entered their billing address and payment method via mocoapp.com by the end of the free trial period as set out in 2.3, the Client enters into a paid monthly subscription from that point.
2.7 Provision of the Software
2.7.1 The Operator provides the Client, for the duration of the subscription, with the MOCO® software solution in the respective current version for use via the internet, subject to payment. For this purpose, the Operator stores the software on a server that is accessible to the Client via the internet. Updates or upgrades are included in the subscription.
2.7.2 Following further development, the current scope of functions of the software is set out in 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, within the limits of technical feasibility, promptly remedies any software errors that restrict or prevent use of the software.
2.7.4 Browser extensions and mobile apps are not part of the paid subscription and constitute a non-binding additional service.
2.8 Fees
The Client undertakes to pay the Operator the agreed monthly fee plus VAT for the provision of the software and data hosting. Payment is made by credit card or direct debit. The corresponding invoice is made available in the account under Settings / Subscription. A fee of EUR 20 will be charged for each returned direct debit.
2.9 Prices
The prices currently applicable to the Client can be viewed at any time in MOCO in the menu: Settings / Subscription. The currency depends on the national currency of the Client’s registered office. The decisive factors for calculating the fee are the selected plan, the average number of active users per month in the Client account, and any activated paid additional functions. Any country-specific additional taxes or fees may increase the subscription price retrospectively. 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 amended prices take effect, the Client agrees to them.
2.10 Termination
2.10.1 The SaaS contract is concluded for an indefinite period. You may end your use of mocoapp.com at any time at the end of the current month without notice, directly in the relevant account (Settings / Subscription). Ending use also constitutes termination of this contractual relationship. Termination results in 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). Employees can join or leave at any time and will be charged pro rata for the current month.
2.10.2 The parties remain entitled to terminate the contract with immediate effect for good cause. For the Operator, good cause exists in particular if the Client:
- becomes insolvent or insolvency proceedings are rejected due to insufficient assets
- is in arrears with payment obligations under this contractual relationship in the amount of at least one monthly fee and, after being reminded with a grace period of at least 20 days and threatened with termination of the contract, has failed to pay; notifications and the setting of the grace period may be made in a legally binding manner via the means agreed in section 2.11 or section 7; additional notifications are not necessary.
- culpably violates legal provisions when using the contractual service, or infringes copyrights, industrial property rights, or name rights of third parties
- carries out or supports criminal, unlawful, or ethically questionable actions when using the platform, impairs the security of the platform through excessive use (impairment of availability) or other actions that materially endanger the confidentiality or integrity of the data stored on the platform.
2.11 Communication Between the Parties
Communication between the parties may take place via the methods offered by the platform. These include use of the chat function, exchange via email, or other means offered by the platform. Section 7 applies accordingly to notifications.
3. Data Protection and Data Security
3.1 Data Protection
The Operator complies with the provisions of the Swiss Data Protection Act and the EU General Data Protection Regulation. In order 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 Client
3.2 Confidentiality
The Operator undertakes to maintain strict confidentiality regarding all confidential matters that become known to it in the course of preparing, performing, and fulfilling the contract, in particular the Client’s business or trade secrets, and neither to disclose them nor to exploit them in any other way.
3.3 Data Encryption
The data security measures (TOMs, technical and organisational measures) on MOCO’s side are described in the Data Processing Agreement.
3.4 Data Backup and Data Provision
The Operator is obliged to take appropriate precautions against data loss and to prevent unauthorised third-party access to the Client’s data.
To back up all 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 restoration of their data. Whether and when the Operator restores data is at the Operator’s discretion. The Client ensures that they export their data regularly.
Individual reconstruction of data is possible on request and will be charged according to the effort involved.
In all cases, the Client remains the sole entitled party to the data and may therefore request from the Operator at any time, in particular after termination of the contract, the release of individual or all data, without any right of retention on the part of the Operator. The data will be provided by transmission via the data network. This data provision and release, and any charging, will be agreed based on scope and effort. The Client has no entitlement to receive the software suitable for using the data.
Special provisions apply to the transfer of personal data. These are contained in the data protection 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 provisions below. The Operator provides no warranty whatsoever for the availability and correct functioning of third-party services.
4.2 Availability
For technical reasons beyond the Operator’s control, the platform may experience outages. 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 section 3.4.
5. Liability
The Operator provides no warranty whatsoever for the timeliness, correctness, completeness, or quality of the service provided. Liability claims against the Operator relating to material or non-material damage caused by the use or non-use of the service, or by the use of incorrect or incomplete information, are generally excluded, unless there is proven wilful intent or gross negligence on the part of the Operator.
5.1 Unauthorised Access
The Operator is not liable for unauthorised access by third parties to personal Client data, provided it has fulfilled its duty of care (e.g. unauthorised access by hackers to the database). The Operator also cannot be held liable if details and information that the Client has made accessible to third parties are misused by them.
5.2 Stored Content
The Client bears sole responsibility for stored content and files that require licences (for example, fonts and images). The Client ensures that the processing of personal data recorded by them complies with the requirements of the applicable data protection law.
5.3 Third-Party Claims
The Client undertakes to indemnify the Operator against all third-party claims based on the data stored by the Client and to reimburse the Operator for costs incurred as a result of possible legal infringements.
5.4 Suspicion of Unlawfulness
The Operator is entitled to block the account immediately if there is reasonable suspicion that the stored data is unlawful and/or infringes third-party rights. Reasonable suspicion of unlawfulness and/or infringement exists in particular if courts, authorities, and/or other third parties inform the Operator accordingly. The Operator must inform the Client without delay of the removal and the reason for it. The block must be lifted as soon as the suspicion has been dispelled.
6. Support and Customer Service
6.1 Via In-App Support or Email
The Operator will respond to the Client’s enquiries (via in-app support or email) regarding use of the contractual software as quickly as possible after receipt.
7. Notices
All notices must be sent in writing to the addresses provided in accordance with section 2.11. Sending by email satisfies the requirement for written form. The Client must ensure that their contact details are always up to date and is obliged to notify the Operator of any change of address (postal, email, or other) without delay; otherwise, notices sent to the most recently recorded addresses shall be deemed legally received.
8. Final Provisions
8.1 Severability Clause
If a competent authority considers one or more provisions of these Terms and Conditions to be void or ineffective, the binding nature of the remaining provisions shall remain unaffected. In such a case, the void or ineffective provision will be replaced by a lawful provision that is as economically equivalent as possible. The same applies to any gaps.
8.2 Jurisdiction
Swiss law applies exclusively. The place of jurisdiction is Zurich.
8.3 Date
These Terms and Conditions are valid from 01/02/2025.
