Terms & Conditions
Caturix app
These terms and conditions (”TERMS AND CONDITIONS“) regulate the contractual relationship between Caturix App AG, Bern, (”Provider“) and its customers (”Customer“). By completing the login form to register and open a user account (”Caturix account“) on the provider's website or via the Caturix app, the customer unconditionally accepts the following provisions. The provider reserves the right to make subsequent changes or additions to the terms and conditions at any time. These updated terms and conditions will be notified to the customer in an appropriate manner and will become part of the contract, unless the customer opt's out within 14 days of becoming aware of them. The latest version is available on the provider's website (https://caturix.app/).
1. Subject of the contract
With the Caturix app and the corresponding web platform (hereinafter ”Caturix“ or ”softwares“), the provider primarily provides software as a service for its customers (”SaaS“) services via the Internet in the area of business software. In addition, the provider provides further services in various areas (hereinafter referred to as a total of”Services“). For the respective scope of services and conditions, reference is made to the current service description on the provider's website. The subject matter of the contract is in particular:
a. the provision of the Caturix app for download from Apple or Google app stores and for appropriate use via the Internet;
b. the storage of customer data (”data hosting“);
c. the provision of various add-ons in addition to the Caturix app. Some of the add-ons are offered by the provider itself, partly by third parties.
2. Software transfer
2.1 For the duration of this contract, the provider provides the customer with the latest version of the Caturix app for use via the Internet for a fee. For this purpose, the provider stores the software on a server that is accessible to the customer via the Internet or is made available for download in the Google PlayStore or Apple AppStore. Alternatively, the customer is provided with a login via the web application.
2.2. The provider is constantly developing the software and will improve it through regular updates and upgrades. The current range of features is based on the service description on the provider's website.
2.3 The provider constantly monitors the functionality of the software and, in accordance with the technical possibilities, fixes critical software errors affecting the functionality.
3. Right to use the software
3.1. The provider grants the customer the non-exclusive and non-transferable right to use the Caturix app as intended during the duration of the contract within the scope of the respective services.
3.2 The customer may neither reproduce nor edit the software unless this has been approved in writing in the current service description or by the provider. In particular, even temporary installation or storage of the software on data carriers (hard drives, etc.) of the hardware used by the customer (RAM excluded) is prohibited.
3.3 The customer is not entitled to make this software available for use by unauthorised third parties for payment or free of charge. The customer is expressly prohibited from making the software available to third parties unless this has been approved in writing by the provider.
3.4 The customer undertakes to structure any contractual relationships with third parties in such a way that unlawful use of the software by third parties is effectively prevented.
4. Data hosting
4.1 The provider provides the customer with a defined storage space (see service description) on a server to store his data. If there is insufficient storage space to store the data, the provider will inform the customer in good time. Unless the customer subsequently orders additional storage space for a fee, data that exceeds the available storage space will no longer be stored.
4.2 The provider ensures that the stored data can be retrieved via the Internet within the scope of technical possibilities.
4.3 The customer is not entitled to transfer this storage space to a third party in part or in full, for a fee or free of charge.
4.4 The customer undertakes not to store any content on the storage space whose provision, publication and use violates applicable laws or agreements with third parties.
4.5 Within the scope of technical possibilities, the provider takes suitable and reasonable precautions against data loss and to prevent unauthorized access by third parties to the customer's data. For this purpose, the provider will regularly make backups, check the customer's data for viruses and install firewalls.
4.6 In any case, the customer remains the sole owner of the data and can therefore demand that the provider surrender individual or all data during the term of the contract without the provider having any right of retention. The data is released by transmission via a data network in the format used by the provider. The customer is not entitled to claim software suitable for using the data. The provider is entitled to demand compensation for the release of the data.
4.7 After termination of the contract, the customer is entitled to demand the surrender of his data in accordance with Section 4.6 for a period of one month. The provider is not obliged to store the customer's data beyond this period of time or to ensure that it is released. Should a customer request the release of data after the one-month period and if the provider still has this data, the provider will release the data to the customer after payment of the actual costs incurred for this.
5. Subcontractors
5.1 The provider may involve subcontractors/third parties to fulfill the contractual service, in particular for software programming. In the event of authorized collection, the provider is responsible for careful instruction from those involved.
5.2 Warranty and liability for subcontractors/third parties are excluded in accordance with Section 11 to the extent permitted by law.
6. Interface
6.1 The provider provides an interface (”API“) available to communicate with third-party software. In addition to the Caturix app, the customer has the option of offering various offers from third-party providers (”Add-ons“) by granting other third parties permission to use the interface to their Caturix account. Unless otherwise expressly agreed, a contractual relationship for the use of third-party add-ons is concluded exclusively between the customer and the third-party provider.
6.2 If access rights are required to use an add-on, by integrating the add-on, the customer expressly agrees to grant all necessary access rights for this purpose. The provider is then entitled to provide or allow access to all of the customer's data necessary to use the add-on. The customer always has full control over the third-party provider's access rights to their data and can restrict or deny access at any time. The customer agrees that the provider or the third party provider may exchange data with this third party provider when using further add-ons.
6.3 Any warranty and liability are expressly excluded in accordance with Section 11.7. In particular, the provider assumes no responsibility for the third-party provider's data processing.
6.4 Notwithstanding any assurances to the contrary, the provider has the right in any case to partially or completely restrict access to the provider's API for individual or all customers at any time for good cause. One important reason is in particular when data is migrated via the interface to the detriment of the provider or if the infrastructure is overloaded due to requests via this interface.
6.5 By integrating add-ons, the customer agrees to the terms and conditions and the privacy policy of the respective third-party provider.
7. Support
The provider will answer inquiries (by e-mail or telephone) from the customer about the Caturix app and other services provided by the provider within the business hours published on the provider's website by telephone or in writing as soon as possible after receipt of the respective question. Support for third-party software and services (e.g. add-ons) is excluded.
8. Impaired accessibility
8.1 Adjustments, changes and additions to the provider's contractual SaaS services as well as measures aimed at identifying and correcting functional disorders will only lead to a temporary interruption or impairment of availability if this is necessary for technical reasons.
8.2 The basic functions and maintenance of the Caturix app are regularly monitored. In the event of serious errors (i.e. the use of the Caturix app is no longer possible or significantly restricted), maintenance will be carried out as soon as possible after knowledge or notification by the customer. The provider will inform the customer about the maintenance work in good time and carry it out as quickly as possible. The provider strives to ensure the highest possible availability of the Caturix app.
8.3 Services provided by third parties are excluded from this chapter. In particular, the provider cannot guarantee availability for add-ons or interfaces that are the responsibility of third parties.
9. Duties of the customer
9.1. The customer undertakes to use the SaaS services exclusively for the purpose in accordance with the contract. He is solely responsible for the content that he and the users set up by him create, transmit or use using the SaaS services. The customer is responsible for the necessary system requirements (in particular hardware and software) to use the Caturix app. The customer himself is responsible for entering and maintaining the data and information required to use the SaaS services — without prejudice to the provider's obligation to back up data.
9.2 The customer is obliged to check his data and information for viruses or other harmful components before entering them and to use state-of-the-art virus protection programs for this purpose.
9.3 The customer is obliged to prevent unauthorized access to the software by third parties by taking appropriate measures. The customer is obliged to instruct his employees about the existing intellectual property rights and to ensure compliance with them. In particular, the customer will instruct his employees not to make copies of the software or to pass on access data to third parties.
9.4 The customer is responsible for keeping their passwords confidential.
9.5 The customer is obliged to keep his information in his Caturix account, in particular the personal details stored such as residential and domicile address, e-mail address for notifications and billing deliveries and telephone number (es), up to date at all times.
9.6 After termination of the contractual relationship, the customer himself is responsible for securing his data. The provider is entitled to irrevocably delete all data one month after termination of the contract.
9.7 If the customer breaches any obligations under these terms and conditions or other contractual provisions, the provider is authorized to temporarily or permanently restrict or block the Caturix account and thus access to all services provided by the provider.
10. Fee
10.1 The customer undertakes to pay the provider the fee agreed in accordance with his subscription/corresponding service description plus VAT. Unless otherwise agreed, the prices stored in Google PlayStore or Apple AppStore apply automatically.
10.2 Unless otherwise agreed in writing, the fee must be paid in advance.
10.3 The provider will send the customer an invoice for the contractually owed fee to the email address stored at the billing address or debit it using the credit card details provided by the customer.
10.4 The provider is entitled to adjust the fees and/or service content at any time by written notification to the customer. The reasons for such a change in performance include in particular technical progress and the development of the software. If the customer does not wish to continue the contract at the changed rates and the changes represent a worsening of the conditions from the customer's point of view, he is entitled to extraordinary termination with a notice period of 14 days from the time of change.
10.5 In the event of a delay in payment, the provider is entitled to temporarily block the Caturix account and thus access to all services provided by the provider. In this case, the agreed fee remains due in full even during the suspension. Access will be reactivated after payment of outstanding invoices. Section 11.5 is reserved.
11. Warranty and liability
11.1 The provider guarantees the functionality and operational readiness of the SaaS services in accordance with the provisions in these terms and conditions.
11.2 The customer undertakes to indemnify the provider from all claims by third parties based on the data stored by him and to reimburse the provider for all costs that the provider may incur as a result of possible violations of rights.
11.3 The provider is entitled to immediately block storage space if there is reasonable suspicion that the stored data is illegal and/or infringes the rights of third parties. There is a reasonable suspicion of illegality and/or infringement of law in particular when courts, authorities and/or other third parties inform the provider of this. The provider must immediately inform the customer of the removal and the reason for it. The suspension must be lifted as soon as the suspicion has been fully dispelled.
11.4 Within the framework of legal provisions, the provider excludes any liability towards the customer (or any third party), in particular for the fulfilment of its contractual and non-contractual obligations and for the loss of data (excluding gross negligence and intent). This disclaimer also applies to damage caused directly or indirectly by using the Caturix app, for example when the app is temporarily unavailable or unable to connect to the servers or due to a software error in the app (”Bug“) Reports, invoices or other data and information are calculated incorrectly.
11.5 If the provider has brought in assistants to fulfill its contractual obligations, it is responsible for careful instruction from those involved. In addition, warranty and liability are excluded in full to the extent permitted by law. This exclusion of warranty and liability applies in particular to intent and gross negligence.
11.6 In all cases, regardless of the liability basis, the provider's liability is limited to the amount of the monthly license fee in the last twelve months before the damage occurred.
11.7 The warranty for functional and operational readiness as well as liability with regard to software and services from third-party providers (in particular add-ons, consulting services) is excluded in full to the extent permitted by law.
11.8 Certain links in the Caturix app lead to third-party websites. These are completely beyond the control of the provider, which is why the provider assumes no responsibility for the accuracy, completeness and legality of the content of such websites and for any offers and (services) contained therein.
12. Contract duration
12.1 The contractual relationship begins when the customer registers in the Caturix app.
12.2 The contractual relationship is concluded for an indefinite period of time. As a result, the respective subscription (monthly subscription, annual subscription, etc.) is automatically extended for a further billing period as long as the contractual relationship has not been terminated in accordance with this chapter or via the Google PlayStore or Apple AppStore.
12.3 The parties are entitled to terminate the contractual relationship subject to a one-month notice period at the end of the current billing period of the respective subscription (monthly subscription, annual subscription, etc.). We reserve the right to make different agreements regarding notice periods (in particular as part of special promotions or changes to the conditions in the Google PlayStore or Apple AppStore).
12.4 Form of termination: The cancellation must be made online in the customer's Caturix account. Following the cancellation, the customer receives an email from the provider with a confirmation link. Once this confirmation has been received by the provider, the Caturix account will be blocked at the end of the respective billing period after the one-month notice period has elapsed. The date of termination is the receipt of the cancellation confirmation by the provider.
12.5 The parties remain free to terminate the contract immediately for good cause. There is an important reason for the provider to immediately terminate this contract, in particular if
a. if the customer goes bankrupt or the opening of bankruptcy has been discontinued due to lack of assets;
b. if the customer is in default with payment obligations arising from this contractual relationship to the extent of at least one month's fee and he has been reminded without success with a grace period of two weeks;
c. if the customer culpably violates legal provisions or interferes with copyrights, industrial property rights or naming rights of third parties when using the services subject to the contract;
d. if the customer seriously breaches obligations under these terms and conditions or other contractual provisions;
e. when using the distributed services for the purpose of promoting criminal, illegal and ethically questionable acts by the customer.
13. Notifications
Unless a stricter form is required in this contract or by law, all notifications must be sent in writing or by e-mail to the (e-mail) addresses provided by the customer in the Caturix account or provided on the provider's website. The customer is obliged to immediately notify the provider of changes of address (including e-mail) or to adjust them in the Caturix account, otherwise messages sent to the last address provided will be considered legally effective.
14. Data protection
14.1 The customer is aware and agrees that the user and application data obtained from the use of the software can be used to develop the software and other services provided by the provider.
14.2 The customer also grants the provider the unrestricted right to use the data collected and insights obtained during the provision of the services on an anonymized basis for its own commercial purposes — even after termination of the contractual relationship. In particular, the customer agrees that all customer data prepared from the software may be processed for commercial use and used in anonymized/aggregated form — even after termination of this agreement.
14.3 By accepting these terms and conditions, the customer simultaneously declares his consent to Privacy statement from the provider in the currently valid version. This is permanently posted on the provider's website. The customer declares that he is aware of these documents.
15. Intellectual property rights
All intellectual property rights to the provider's SaaS services, in particular to the Caturix app and the website, remain the property of the provider.
16. Confidentiality
16.1 The provider undertakes to maintain secrecy about all confidential processes that come to its knowledge in the course of preparing, executing and fulfilling this contract, in particular business or trade secrets of the customer, and not to pass on this information to outside third parties without the customer's authorization. This applies to any unauthorized third party, unless the transfer of information is necessary to properly fulfill the provider's contractual obligations.
16.2 The customer authorizes the provider to publicly name the customer as a reference and to use general information about the agreed contract in an appropriate manner for marketing, public relations and sales purposes. However, the provider will contact the customer before publication, and the customer can only withdraw his consent for important reasons.
17. Salvatory clause
Should individual provisions of this contract be or become invalid or void, this shall not affect the effectiveness of the remaining provisions. In this case, the invalid or void provision must be replaced by a new, legally admissible provision which comes closest to the ineffective or void provision in its economic significance and effect. The same procedure must be followed if a breach of contract becomes apparent.
18. Applicable Law and Jurisdiction
18.1 This contract, including its conclusion and validity, is subject to Swiss law, excluding conflict of law rules and international agreements.
18.2 The exclusive place of jurisdiction for all disputes arising from or in connection with this contract and with regard to the subject matter of this contract, including issues of the formation, validity, invalidity, liability, implementation, amendment or addition, breach or termination of this contract, is on Seat of the provider.
These terms and conditions have been translated from german to the best of our knowledge.