Terms

1. Definitions

1.1. Subscription/Plan

The various offer variants as described on the easydoo website www.easydoo.com. A distinction is made between subscriptions subject to a fee and subscriptions free of charge.

1.2. Offer

The Services as available and as described on the easydoo website easydoo.com.

1.3. Subscription Price

Usage fee for a subscription subject to a fee.

1.4. User Name

Access name chosen by the Customer.

1.5. easydoo

easydoo AG, with its registered office in Egnach, Switzerland (CHE-356.903.335), or the easydoo application.

1.6. Customer Data

The data generated by and/or required for the Customer’s use of the easydoo Services.

1.7. Customer

User/contracting party/user. Every user (Member, Administrator, Super Administrator, Owner) of the Software who has registered with «easydoo».

1.8. Workspace

Virtual workspace made available by easydoo on the «easydoo» Software.

1.9. Team

May be formed from Members of the Workspace in order to collaborate more directly.

1.10. Storage Folder

May be created by an Administrator or Super Administrator and shared with individual Members or entire Teams. Every element on easydoo is stored in at least one folder to which at least one Member has access.

1.11. Owner

Every Customer who has created their own Workspace or has been appointed Owner in a Workspace holds all subscription rights and obligations, is always at the same time a Super Administrator, may appoint further Super Administrators, may transfer the Owner role to another Member, and is the only person who may delete the Workspace. The Owner holds licensing rights, deposits credit card details, etc.

1.12. Super Administrator

There may be several Super Administrators in a Workspace. One of them is always the Owner. They are designated by the Owner or by another Super Administrator and have all the rights and obligations of the Owner. However, a Super Administrator may not transfer ownership of the Workspace to another Super Administrator and may not delete the Workspace.

1.13. Administrator

Any Member of the Workspace may be appointed Administrator by a Super Administrator and thereby receives additional rights. The Administrator has access to the general settings and may view the member management. The Administrator may invite or remove further Members, create Teams and create folders, provided that the Quota under the Subscription permits this.

1.14. Member

Is invited to the Workspace by the Administrator or Super Administrator. The Member may collaborate in the Workspace.

1.15. Supervisor

The Supervisor is responsible for the Work Item. The Supervisor has either created it personally or has been assigned as Supervisor by a Member. The Supervisor is informed of all actions taken on the Work Item.

1.16. easydoo Elements

Every element on easydoo, e.g. Work Item, meeting, document, chat, etc.

1.17. Work Item

Every work element that is created in a Workspace and requires an action, e.g. agenda item, task, decision, etc. Every Work Item belongs to the Workspace, is stored in at least one folder and has a Supervisor.

1.18. File Hosting Links

External files that are linked to Work Items on easydoo by means of a link, so that other Members can work on the same file via the link and have all information available to them.

1.19. Custom Branding

Own logo on the meeting minutes.

1.20. Meeting

Meetings which can be represented on easydoo from their preparation through to the complete minutes.

1.21. Documents/Files

External files (Word, PowerPoint, e-mails, images, videos, etc.) that are uploaded to easydoo in order to link them to Work Items and make them accessible to other Members.

1.22. Assign

A Work Item may be assigned to someone. The Member to whom a Work Item is assigned is responsible for its execution. A Work Item is only ever assigned to one Member.

1.23. Conversation/Chat

A conversation may be started on files, Work Items, etc. in easydoo in order to communicate with other Members directly in the right context.

1.24. External/Third-Party Systems/Connector

Possibility of connecting external systems to easydoo (e.g. CRM tools) in order to upload data records from them to easydoo and link them to other elements on easydoo. (This feature is not included in the Subscription.)

1.25. Password

Individually chosen password/passcode for authentication.

1.26. Server

Central data processing system(s) used by easydoo.

1.27. Services

The products made available and the services rendered by easydoo in accordance with clause 5.1 of these GTC.

1.28. Software

«easydoo» Software for collaborative working and task management.

1.29. Quota

Storage space made available for a Workspace, which is shared among the Members. This also includes the number of work elements.

1.30. Features (non-exhaustive)

Web application, chat, documents, meetings, calendar (optionally with synchronisation), documentation, external data/Connector (third-party systems), calendar and calendar synchronisation.

2. Scope/Amendment of the GTC

2.1. Scope

These General Terms and Conditions (GTC) apply to the contractual relationship between easydoo and the Customer as well as to all users of the easydoo Services. The GTC cover all Services of easydoo in connection with the provision of the Software and of storage space for the use of the Services via the internet by the Customer as described in clause 5.1 below and on the website www.easydoo.com, app.easydoo.com.

Upon registration, every Customer (contracting party) must read and accept the General Terms and Conditions and the Privacy Policy.

2.2. Amendments to the GTC/Application when Obtaining New Services

easydoo is entitled to amend or adapt the GTC at any time. easydoo shall inform Customers of the amendments reasonably in advance of the entry into force of the new GTC. If the GTC are not accepted by the Customer, the Subscription shall be deemed terminated. The contract thereby ends in accordance with clause 4.

Unless expressly stated otherwise, additional future services that extend or improve the current service, including the release of new tools and resources, are also subject to the then current version of the GTC.

2.3. Exclusion of the Customer’s GTC

The Customer’s general terms and conditions expressly do not apply to the contractual relationship between easydoo and the Customer.

2.4. Beta Access

The Customer may be invited to participate in the review and testing of pre-release versions, new beneficial tools and improvements to the easydoo Services, which may be designated to the Customer as “alpha”, “beta”, “preview”, “pre-release”, “early access” or “evaluation” products or services (collectively “Beta Tests”, and the pre-release feature is the “Beta Product”). The Customer acknowledges and is aware that their participation in Beta Tests is not required and is at the Customer’s own risk, and that Beta Products are made available “as is” without warranties or guarantees of any kind (whether express or implied) and may be discontinued or modified at any time.

Beta Products serve evaluation and testing purposes and are not generally intended for use in production, do not include support, are not subject to any availability or security commitments and may be subject to further terms. easydoo accepts no liability for impairments or damage arising from or in connection with Beta Products. The Beta Products, including, among other things, the Customer’s assessment of a Beta Product, are confidential information of easydoo.

3. Conclusion of the Contractual Relationship

The contractual relationship between easydoo and the Customer is validly concluded upon the Customer’s registration and confirmation of these GTC. By registering, the Customer declares their agreement to these GTC.

Unless otherwise provided, the Customer’s claims to performance arise only upon full payment of the contractually agreed remuneration.

4. Contract Term, Termination and Consequences of Termination/Contract Adjustment

4.1. Contract or Subscription Term

Subscriptions subject to a fee are concluded on a fixed basis for the contract term selected by the Customer. Upon expiry of this initial term, the contract is automatically renewed for the same duration on the terms applicable at the time of renewal. If the Customer does not wish to renew the contract, the Customer must terminate it in the Workspace settings no later than 30 days before its expiry.

Upon the first conclusion of a contract, a credit card must be deposited for the charging of the usage fee for the duration of the contractual relationship, unless otherwise specifically agreed between the parties.

If it is not possible to charge the deposited credit card or if the deposited credit card is invalid, the Owner shall be informed thereof and access to the Workspace shall be blocked until the Owner has deposited a valid credit card via the link received from easydoo.

Once payment has been made, access shall be restored. All Members (incl. Super Administrators and Administrators) only regain access to the data once the Workspace has been released and may then export it or initiate a change of Subscription in compliance with the notice periods. Subject to clause 4.2, early termination of Services subject to a fee is excluded. Subscriptions free of charge may be terminated by either party at any time.

4.2. Extraordinary Termination and Blocking

The right to early, extraordinary termination of the contract for good cause is reserved. Good cause entitling easydoo to terminate without notice shall include, in particular but not exhaustively:

• the opening of bankruptcy proceedings against the Customer, or the opening of bankruptcy proceedings against the Customer has been refused for lack of assets
• non-payment of the agreed remuneration
• infringement by the Customer of statutory provisions, copyrights, industrial property rights or name rights of third parties
• use of the Services made available by easydoo to promote unlawful matters or matters in breach of contract by the Customer or by the users invited by the Customer
• non-acceptance of amended GTC by the Customer or by the users invited by the Customer

In such cases, easydoo is furthermore entitled to delete all data storage of the Customer and of any members, or to block access for individual Members or to the entire Workspace. The setting of any grace period by easydoo for the restoration of the contractual state does not mean that easydoo waives its right to terminate without notice.

4.3. Consequences of Termination

Termination of this contractual relationship, for whatever reason, has in particular the following effects:

The Subscription Price already paid by the Customer is forfeited and shall not be refunded by easydoo to the Customer. The Customer acknowledges that easydoo and its subcontractors are entitled and obliged to delete the Customer Data after the termination of the relevant service, in particular Quota.

In the event of termination, easydoo shall release the Customer’s account or the corresponding Quota on the online storage within 30 days of the termination of the contract and shall delete the data stored therein. The Customer is aware that it is responsible for the backup and migration of the Customer Data as at the termination date of the relevant service. The Customer has no claim to receive software suitable for using the Customer Data.

The Customer alone is responsible for ensuring that the data uploaded by the Customer is available to the Customer elsewhere in good time. easydoo has no notification obligations in this respect. In particular, easydoo is not obliged to notify the Customer, prior to the expiry of the contract or the termination of this contractual relationship for any other reason, that the data will be deleted after the termination of the contractual relationship.

If a Member deletes their account, this has the consequence that they are also no longer available for other Workspaces in which they were a Member. If the Member is the Owner of a Workspace, they must appoint another Member as Owner of the Workspace concerned before they wish to leave it.

4.4. Consequences of a Contract Adjustment

In the event of a contract adjustment in compliance with the agreed notice period for Subscriptions subject to a fee, the following applies: if the Customer, in compliance with the notice period, switches to a lower-cost plan (cheaper Subscription variant), the number of Members shall be reduced to the corresponding number of Members of the selected plan. Features that are no longer subscribed to remain in the Workspace but can no longer be used; for example, files can no longer be downloaded or edited.

5. Services of easydoo/Intellectual Property

5.1. Description of the Services Rendered by easydoo

The Software is an online collaboration tool which enables the Customer to collaborate in an online Workspace via a web application (app.easydoo.com) or a mobile application. The Services may contain information, data, texts, photos, videos, audio clips, written contributions and comments, software, scripts, graphics, calendar entries and interactive functions that are generated or provided on or through the easydoo Offer. The Software furthermore enables the Customer to manage their electronic data online in a data storage made available to them by easydoo and, where applicable, to share it with other authorised Members. Within easydoo, the user may communicate with other users in their own Workspace via a chat function. easydoo communicates with the Customer directly in the Software or via e-mail. Information on, for example, new tasks is also provided in the application. If the Customer does not read it, they receive a notification via e-mail.

easydoo provides the Customer with the Services in accordance with the Offer for a defined period, a specific number of Members and one Workspace by means of a browser and an internet connection. easydoo transmits to the Customer the data for accessing the Server. In the case of Subscriptions subject to a fee, the Customer does not receive access to the additional Features before payment of the Subscription Price due for the period of use. Use is limited to one Workspace. Any use beyond this is not permitted to the Customer.

easydoo keeps storage space available on the Server for the Customer Data for a contractually defined period. The capacity and use of the storage space are determined by the selected Subscription.

easydoo is entitled to engage subcontractors for the provision of its Services.

Where possible, easydoo offers its Customers onboardings and coachings subject to a fee, which can be booked online. The offers and prices valid at the time of booking apply, which must be paid directly upon booking by credit card.

5.2. Intellectual Property

easydoo exclusively and comprehensively retains all rights (copyrights, administration rights, domain rights, trademark rights, patent rights, etc.) as well as all know-how in its website, its Services and the «easydoo» Software.

The contracting party thereby acknowledges all intellectual property rights of easydoo, in particular its copyright in programs or software, software documentation, templates and other deliverables created.

With regard to intellectual property rights of third parties, in particular software licences of third-party manufacturers, the Customer acknowledges the terms of use and licence terms of such third parties; easydoo shall make the relevant terms of use and licence terms available to the Customer upon request.

5.3. Use as a Reference

The Customer grants easydoo AG the non-exclusive, royalty-free right to use the Customer’s name and logo as a customer reference on the website of easydoo AG and in presentations, offers and other marketing materials for the duration of the business relationship.

The Customer may object to such use in writing at any time. easydoo AG shall thereupon cease the relevant use and remove the reference from its own digital channels within a reasonable period.

The publication of further information, in particular customer statements, detailed project descriptions or case studies, requires the prior consent of the Customer.

6. Rights and Obligations of the Customer

6.1. Registration, User Name and Password

As part of the registration, the Customer chooses a user name and password. Registration is only permitted for Customers who are of age and have full legal capacity. Login takes place with the access data created during registration (user name/password) or via a third-party platform or identity provider chosen by the Customer. Login by means of access data is equivalent to login via an identity provider.

The Customer is obliged, upon registration, to provide truthful, accurate, current and complete information about themselves as requested by the easydoo registration form, and to maintain and promptly update the registration data and keep it accurate, current and complete at all times.

easydoo assumes no obligation to verify such information.

6.2. Access

The Customer shall take appropriate precautions to prevent unauthorised access to the easydoo Services, in particular to protect the Services against unauthorised use. The Customer is obliged to keep user IDs and passwords secret and to protect them from unauthorised third parties.

The Customer acknowledges that easydoo has no access to the password set by the Customer. In the event of loss of the password, easydoo shall assign a temporary password to the Customer.

easydoo takes precautions to protect its application against unauthorised interference by third parties. However, absolute protection does not exist. easydoo cannot be held liable for the consequences of unauthorised interference. easydoo is not obliged to verify the identity details of users. Nor is easydoo obliged to take any copy protection measures. easydoo may regard any access with the correct access data (user name/password) as authorised access.

6.3. Permitted Use/Provision of Software

Upon conclusion of the contract, or, in the case of use of Services subject to a fee, after payment of the relevant Subscription Price, easydoo grants the Customer a non-exclusive, non-transferable and time-limited right to install and use the Software in accordance with these GTC. Upon termination of the contractual relationship, this right of use shall lapse automatically.

The Customer is entitled to use the Software in accordance with the selected Subscription for a specific number of Members and one Workspace. The Customer is entitled to view, modify or delete the Customer Data uploaded by the Customer during the term of the Subscription.

The amount of the usage fee for the Subscriptions subject to a fee and the Subscription variants are set out on the easydoo website («easydoo.com»). The Subscriptions and prices published on the easydoo website at the time of conclusion or renewal of the contract are relevant.

The corresponding information on the easydoo website forms an integral part of this contractual relationship.

6.4. Obligations of the Customer/Unauthorised Use

In the context of the use of the easydoo Services, the Customer undertakes to comply with both the law of Switzerland and the law of the Customer’s state of domicile or residence and that of the users invited by the Customer. In particular, the Customer undertakes to upload only such data for which the Customer holds the necessary rights and which does not violate Swiss law or other applicable law or infringe the rights (in particular, but not exhaustively, personality rights and copyrights) of third parties or easydoo.

The Customer further ensures that the easydoo Services are used only for lawful purposes and not in an abusive manner. In particular, the Customer is prohibited from uploading to the Server, or referring to, content that is unlawful or immoral and/or content that incites hatred, instructs in the commission of criminal offences or glorifies or trivialises violence, is sexually offensive or pornographic, is liable to morally endanger children or young persons or impair their well-being, or may damage the reputation of easydoo. The Customer further declares that they will at no time upload content that is contrary to the contract or the law, glorifies violence or is pornographic.

The Customer furthermore undertakes to ensure that the data in their Workspace does not contain any malware that damages or could damage easydoo, other customers or third parties. Prior to using the Services, the Customer checks their data for viruses and uses virus protection programs corresponding to the state of the art.

If the Customer detects unlawful content or other misuse of the Services, the Customer shall inform easydoo without delay.

Any use beyond clause 6.3 is not permitted to the Customer. In particular, the Customer is not entitled to perform the following acts:

• modification, adaptation, translation, editing, arrangement or other transformation of the «easydoo» Software, as well as the reproduction of the results obtained thereby. Excluded from this are acts that correspond to the intended use of the Software, including error correction required by the person entitled to use the program, as well as cases in which the Customer is instructed by easydoo within a reasonable period to remove obstacles to the intended use;
• disassembly, decompilation, reverse engineering or the application of any other procedure to obtain the source code, insofar as these acts are not necessary to achieve the interoperability of an independently created computer program with other programs and easydoo has not made the information required for this purpose available within a reasonable period;
• removal or modification of trademarks, copyright or other proprietary notices from the Software;
• lending, renting, leasing or other temporary provision of the Software to unauthorised third parties.

The Customer acknowledges that, in the event of misuse of the Services, easydoo is entitled to terminate all contracts with immediate effect.

6.5. Deletion of the Account/Leaving a Workspace

Every member may leave a Workspace, irrespective of their role. However, if the Member is the Owner, they must first transfer ownership of the Workspace to another Super Administrator.

If they wish to delete their account, they may initiate this in the settings after having transferred their role accordingly. The data from the Workspace belongs to the respective Workspace. It is not deleted when a Customer account is deleted or a Member is removed.

If a Customer wishes to delete their account while still being the Owner of a Workspace, they must either transfer the Workspace to a new Owner or first delete the Workspace and only then, in a second step, delete their account.

If they delete the entire Workspace, they delete all content, data, documents, etc. The Members of that Workspace no longer have access to the deleted Workspace. Before leaving a Workspace, every Supervisor of a Work Item has the possibility of transferring their Work Items to another Member.

In addition, the provisions of clause 4.3 Consequences of Termination apply.

7. Subscription Prices and Terms of Payment

7.1. Due Date of the Subscription Price/Default

The Subscription Price becomes due in the Customer’s account upon conclusion of the Subscription subject to a fee and must be paid immediately by the Customer for the initial contract term. Unless explicitly agreed otherwise between the parties, the Customer must deposit a credit card for the duration of the contractual relationship.

The Subscription Price for the further period of use is charged in advance in each case in accordance with the Subscription variant.

The usage fee is owed even if the services of easydoo are not used.

In the event of the Customer revoking the transaction vis-à-vis the credit card issuer, or after expiry of any payment period in the case of invoicing, the Customer shall be in default without any further reminder from easydoo. If it is not possible to charge the subscription fee in good time, access to the Workspace shall be blocked.

7.2. Amount of the Subscription Price

The amount of the Subscription Price for the Subscriptions subject to a fee and the Subscription variants are set out on the easydoo website («easydoo.com»). The Subscriptions and prices published on the easydoo website at the time of conclusion or renewal of the contract are relevant.

The corresponding information on the easydoo website forms an integral part of this contractual relationship.

8. Liability of the Customer and Indemnification

8.1. Transmitted Content and Customer Data

easydoo does not review the content and data transmitted by Customers for their lawfulness. The Customer is solely responsible for the data uploaded by the Customer. easydoo accordingly disclaims any responsibility for the content of the uploaded data.

8.2. Handover of the Services and Internet Connection

The handover of the Services takes place at the router output of the data centre in which the easydoo Server is located. The Customer is responsible for the internet connection between the Customer and the data centre and for the hardware and software required for this purpose (e.g. PC, network connection, browser).

8.3. Indemnification

The Customer hereby undertakes to fully indemnify and hold easydoo harmless against any liability for damages, claims (in particular also third-party claims), demands and costs, as well as reasonable attorneys’ fees, asserted against easydoo on the basis of the use of the Services by the Customer and/or by users invited by the Customer. easydoo is free to conduct the relevant proceedings itself or to require the Customer to immediately join and take over proceedings and disputes while at the same time fully indemnifying easydoo.

easydoo is furthermore free to hold liable the Member responsible for the uploaded content or the Supervisor of the relevant Work Item.

The Supervisor of the relevant Work Item or the user who uploaded the content (hereinafter referred to as the “Responsible Member”) is responsible for the content and the activities. The Responsible Member shall immediately arrange for the infringement to be remedied. Several Responsible Members are liable towards easydoo and shall each individually fully indemnify and hold easydoo harmless against any damages, claims, demands, costs and reasonable attorneys’ fees that are connected with the data uploaded by the Responsible Member or that easydoo suffers because the Responsible Member violates these GTC or applicable law.

9. Representations and Warranty of easydoo

9.1. Principle

The Customer is aware that, in view of the wide range of possible applications and with regard to its complexity, software may under certain circumstances not be delivered or installed free of errors. easydoo does not guarantee that the Software is available free of errors on all browsers. According to the current state of the art, it is generally not possible to guarantee that software is completely free of errors. easydoo is answerable to the Customer for the careful performance of the agreed services in accordance with the contract.

easydoo is only subject to a warranty obligation if deviations from published or contractually agreed specifications are identified, whereby such deviations (e.g. in the case of software functions) must be reproducible and must result in a material impairment of functionality.

The Customer acknowledges that, when using the Software and other Services, they may be exposed to content that they consider offensive, hurtful or otherwise unpleasant. The Customer waives vis-à-vis easydoo any claim based on the content of the data stored or disseminated through the use of the services.

9.2. Exclusion of Warranty

The warranty obligation of easydoo generally lapses in the event of any kind of interference by the Customer with the source code, application scripts, data tables and their content, as well as in the event of unauthorised changes to the set-up and parameterisation of the application.

easydoo cannot warrant that the easydoo Software can be used permanently, without interruption and free of errors in all combinations desired by the Customer, nor that the correction of a program error precludes the occurrence of other program errors.

For third-party products, i.e. all hardware as well as third-party software which easydoo provides separately or integrates into its own services or Services, the warranty is governed exclusively by the terms granted by the respective manufacturers/suppliers or licensors. This applies to the scope of services, the warranty period, the conditions for asserting the warranty and all other rights of the Customer. Vis-à-vis easydoo, the warranty rights for third-party products consist exclusively in easydoo asserting them against the manufacturer, supplier or licensor on behalf of the Customer. If the manufacturer, supplier or licensing partner does not voluntarily fulfil its warranty obligation, easydoo shall assign the warranty rights to the Customer for legal enforcement.

Furthermore, easydoo provides no warranty for the completeness, correctness, accuracy or timeliness of the texts, graphics, links or other information on the website and/or in the Services. easydoo reserves the right to adapt the content of the website and/or of the Services at any time without prior notice.

easydoo does not warrant that the Services can be accessed free of errors at all times or that a specific level of availability is achieved. easydoo further does not guarantee that all data types can be reproduced in future with the hardware and software then available.

9.3. Remedy

In the event of a warranty claim, easydoo is entitled to remedy the defect (repeatedly).

If a defect cannot be remedied, the Customer is entitled to a price reduction in proportion to the reduced value compared with the agreed deliverable.

9.4. Notice Period for Defects

The Customer undertakes to report an error in the Software or a deviation from the contractually agreed services immediately after discovery or commissioning. The notification must be made immediately, with a detailed description of the error, and in writing by e-mail to info@easydoo.com or via easydoo.userecho.com. If the Customer fails to make such immediate notification, the Customer is deemed to have accepted the deviation or the error.

10. Liability and Limitation of Liability as well as Extent of Liability of easydoo

10.1. Liability and Limitation of Liability

easydoo is liable only in the event of intent or gross negligence. Otherwise, liability is excluded to the extent permitted by law.

Any further liability of easydoo is excluded, in particular liability:

• for indirect damage;
• for consequential damage arising from work performed by easydoo or from its products;
• for loss of profit or costs of procuring substitute goods or services;
• in the event of delay in delivery due to circumstances beyond the control of easydoo, such as: reasons attributable to the contracting party, natural events, illness and accidents of key employees, labour disputes, late or defective supplies from third parties, official measures;
• for damage of any kind attributable to fault on the part of the contracting party, such as incorrect operation of the software, modification of delivered software functions, provision of incorrect or incomplete information and documents by the Customer;
• for the conduct of auxiliary persons engaged by easydoo;
• for interruptions or damage caused by computer viruses, disruption and/or interruption of the internet connection or by denial-of-service attacks;
• for any unauthorised access to your data or other content, any modification, deletion, destruction, damage or loss of your data or other content, or the failure to store your data or other content.

10.2. Extent of Liability

Where easydoo is liable, such liability is in all cases limited in amount to the proven damage, but at most to the contract value in the calendar year concerned.

11. Data Protection and Data Processing

11.1. Applicability of the Data Protection Provisions

All parties undertake to comply with all applicable data protection provisions. At this point, we refer to the easydoo Privacy Policy.

The Customer may view the current version of the data protection provisions on the easydoo website, easydoo.com.

easydoo is entitled to make public the contracting party as a customer of easydoo as well as the nature of the cooperation and to use this in an appropriate manner for marketing and sales purposes.

11.2. Engagement of Subcontractors/Supplementary Provisions on Data Protection and Data Export

easydoo is free to engage subcontractors for the provision of the Services, in particular also for the «Quota» service.

If a subcontractor is engaged, easydoo shall remain available to the Customer as contact person. The parties agree that any personal data of the Customer or data of its contracting partners (collectively «Customer Data») transmitted to easydoo or its subcontractors in the course of the Customer’s use of the Services shall be collected, processed and used by easydoo or its subcontractors exclusively as data processors. In relation to easydoo, the Customer remains the sole controller within the meaning of data protection law and is responsible for the lawfulness of the collection, processing and use of the Customer Data in accordance with the statutory provisions. The Customer must therefore ensure that it is entitled to engage easydoo and to transmit the Customer Data to easydoo in this connection.

The parties further agree that easydoo is entitled to use the data provided to it in the course of the commissioned data processing for its own internal purposes, in particular for statistical evaluations and for the purposes of quality assurance and further development of the Services provided, insofar as this customarily serves the performance of the contract. The Customer shall take any measures and steps required for this purpose, including providing appropriate information to and obtaining the consent of its contracting partners.

easydoo supports the Customer with regard to the obligations incumbent upon the Customer under applicable data protection law, for example Art. 19 to Art. 24 FADP or the corresponding provisions of the GDPR (Art. 32 to 36 GDPR). easydoo shall inform the Customer without delay of any data protection breach within easydoo’s area of responsibility. easydoo is entitled to invoice the Customer for the costs and expenses arising from the provision of such services.

The Customer acknowledges that easydoo and its subcontractors are entitled and obliged to delete the Customer Data after the termination of the contract or upon cancellation of the relevant Subscription (cf. clause 4.3). The Customer acknowledges that expenses incurred by easydoo shall be charged directly to the Customer and that hours spent shall be invoiced to the Customer at the currently applicable rate of CHF 280.00 (plus VAT, if applicable).

12. Final Provisions

12.1. Prohibition of Set-off

The Customer’s right to withhold payments or to set off against counterclaims of the Customer not acknowledged by easydoo is excluded.

12.2. Written Form

For the purposes of this contractual relationship, the written form requirement for notices is also satisfied in the case of e-mails or a notice in the Customer’s account.

12.3. Severability Clause

Should one or more of the provisions of the contractual relationship be or become null and void or ineffective, the remaining parts of this contractual relationship shall not be affected thereby. In the event of the nullity or ineffectiveness of a clause, it shall be replaced by a clause that comes closest to the economic purpose of the ineffective provision.

12.4. Prevailing Version

In the event of contradictions or questions of interpretation between the German version of these GTC and its translations, the German version shall prevail.

12.5. Place of Jurisdiction and Applicable Law

The contractual relationship between the Customer and easydoo is governed by substantive Swiss law, to the exclusion of the conflict-of-law rules and of international treaties.

For all disputes arising in connection with the provision of services by easydoo to the Customer, the court at the registered office of easydoo (currently: Egnach TG) is agreed as the competent court. easydoo may bring an action before the competent court at the Customer’s registered office; mandatory places of jurisdiction are reserved.

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easydoo AG Moosholzzelg 9 CH-9322 Egnach