T&Cs Software-as-a-Service (SaaS)
By signing up (creating an account), you accept the following 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 offer. 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 to 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 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 passed on. The Client is responsible for their safe storage. Registration under a false name and first 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 Client ensures that all their account data is kept up to date. They ensure in particular that their payment information is current and that they can meet their payment obligations. If the Client fails to meet their payment obligation 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 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. They ensure that their devices are up to date with the latest technology and that operating systems are regularly updated. They undertake to use security systems to detect harmful software and manipulations. They undertake not to take any actions that negatively affect the availability of the platform for themselves and other Clients. The Client undertakes to indemnify the Operators for any damages, including third-party claims and consequential costs of any kind, if they violate these T&Cs.
The Client undertakes to prevent unauthorized third-party access to the software through appropriate precautions. This includes keeping "User ID" (email address) and password as well as other authentication means secret and not accessible 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 includes in particular the creation and maintenance of paid user accounts.
2.4 Free Trial Period
Each Client can 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 prompted via email to enter their billing information on mocoapp.com before the free trial period expires. If they do not comply with this request, their Client account will be suspended and deleted no earlier than 30 days later. Upon conclusion of the contract, the Client is also required to complete the Data Processing Agreement, which is mandatory for the processing of 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 described in 2.3, the Client enters into a monthly paid subscription from that point onwards.
2.7 Software Provision
2.7.1 The Operator provides the Client with the MOCO® software solution in the respective current version for use over the Internet for the duration of the subscription for a fee. 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 After further development, the current functionality of the software is described on the Operator's website at www.mocoapp.com.
2.7.3 The Operator continuously monitors the functionality of the software and promptly rectifies any software errors that restrict or prevent the use of the software, as far as technically possible.
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 Client undertakes 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 associated invoice is available in the account under Settings / Subscription. A fee of 20 EUR 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 under Menu: Settings / Subscription. The currency depends on the respective national currency of the Client's location. The chosen plan and the average number of active users per month in the Client account, as well as activated paid additional features, are 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 amended 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 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 via email (info@mocoapp.com). The entry and exit of employees are possible at any time and are calculated proportionally in the current month.
2.10.2 The immediate termination of the contract for good cause remains unaffected for the parties. A good cause for the Operator 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 copyrights, industrial property rights, or third-party naming rights when using the service subject to the contract
- 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 complies with 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 Client
3.2 Confidentiality
The Operator undertakes to maintain strict confidentiality about all confidential processes that come to their knowledge in the course of preparing, executing, and fulfilling the contract, particularly business or trade secrets of the Client, and not to disclose or exploit them in any other way.
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 Data Provision
The Operator is obliged to take appropriate precautions against data loss and to prevent unauthorized third-party access to the Client's data.
To secure all 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 security against system failures. The Client has no right to data restoration. When and if 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 termination of the contract, without the Operator having a right of retention. The release of the data is carried out by transmission over the data network. This data provision and release and billing are carried out by arrangement and effort. The Client has no claim to also receive the software suitable for using the data.
Special provisions apply to the transfer of personal data. These are contained in the privacy policy and described in the DPA.
4. Warranty/Availability
4.1 Warranty
The Operator provides a warranty for 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, platform outages may occur. In this case, the Operator guarantees to do everything possible 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 relating to material or immaterial damage 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 Acquisition
The Operator is not liable for unauthorized acquisition of personal Client data by third parties, provided they have fulfilled their 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 has made accessible to third parties being misused by them.
5.2 Stored Content
The Client bears sole responsibility for stored content and files that are subject to licensing (e.g., fonts and images). They ensure that the processing of personal data they have collected complies with the requirements of the applicable data protection law.
5.3 Third-Party Claims
The Client undertakes 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 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 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 of this. The Operator must inform the Client of the removal and the reason for it without delay. The block is to be lifted as soon as the suspicion is dispelled.
6. Support and Customer Service
6.1 Via In-App Support or Email
The Operator will respond to inquiries (via In-App Support or email) from the Client regarding the use of the contractual software as quickly as possible after receipt.
7. Notifications
All notifications must be addressed in writing to the specified addresses in accordance with section 2.11. Sending via email satisfies the requirement for written form. The Client must ensure that their contact details are always up to date and is obliged to promptly notify the Operator of any address changes (physical, email, other), otherwise notifications sent to the last recorded addresses are deemed to have been received legally.
8. Final Provisions
8.1 Severability Clause
If a competent authority deems one or more provisions of these T&Cs to be void or ineffective, the validity of the remaining provisions remains 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 applies exclusively. The place of jurisdiction is Zurich.
8.3 Date
These T&Cs are valid from 01.02.2025.
