Terms of Use oneclick Platform of oneclick AG, CH-8008 Zurich (hereinafter “oneclick”) Version 2017-04-24 1. Agreement with the Terms & Conditions These Terms of Use apply to the website https://oneclick.services, https://oneclick-cloud.com and all associated websites linked to it (hereinafter “oneclick.services”). By using oneclick.services, you consent to these Terms of Use. oneclick reserves the right, at its own discretion, to amend these Terms of Use at any time. We will inform you in time about such amendments and will announce the date from which these amendments will be effective. Amendments are deemed as accepted by you, when you continue to use the website after the amendments have come into force. In case of substantial amendments of these Terms of Use you will be informed at least 30 days prior to enactment of such amendments. In case you don’t contradict to the new Terms of Use within 30 days, this will be considered your explicit approval to the amendments made. Relevant messages will be sent by oneclick to the email address provided in each account. 2. Intellectual Property All content available on oneclick.services, such as text, graphics, code etc. are the intellectual property of oneclick or that of our partners. This content is protected by trade dress, copyright, patent and trademark laws, and other similar intellectual property rights and unfair competition laws. If rights are made available by a third party, then those rights are reserved for them. As long as we have not given expressive and written agreement, no part of the website and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, another website or other medium for publication or distribution or other commercial enterprise. This does not apply to open source software components which are not subject to oneclick’s restrictions of use. 3. Website Use Provided that you comply with these Terms of Use, oneclick grants you a personal, single, non-transferrable, limited right to enter and use the website oneclick.services with different devices. You are not allowed to use functions such as deep links, page scrape, robot, spider or any other automatic devices, programmes, algorithms or methodologies or any similar or equivalent manual processes to access, acquire, copy or monitor any portion of the website or to reproduce or circumvent the navigational structure or presentation of the website. You are not allowed to attempt to gain unauthorised access to any part or feature of the website, or to any other systems or networks connected to the website, nor to any servers or any of the services offered, by hacking, password mining or any other illegitimate means. You are not permitted to probe, scan or test the vulnerability of the website or any networks connected to the website, or to breach the security or the authentication measures of the website or any of the networks connected to the website. You may not reverse look-up, trace, use or publish information on any other users or visitors of the website, including all accounts not owned by you. You will not take any action that imposes a disproportionately large load on the infrastructure of the website. You will not use any devices, software or programmes that will interfere with the proper working of the website, any of the transactions conducted via the website or the use of the website by another person. When using the website, you will observe all current laws and regulations and not infringe the rights of oneclick and its associated organisations. 4. Links to other Websites The website oneclick.services may contain links to other independent third party websites. These linked websites are not under oneclick’s control, and oneclick is not responsible for the content of such linked websites, including any information contained on such linked websites. You will need to make your own independent judgement if and how you will use these linked websites. 5. Changes to the Offer oneclick reserves the right to revise, change, improve or discontinue in part or completely the website, the offered software applications and infrastructure for their supply, at any time, without notice, and to adjust applicable prices for all products or services. In such cases, already leased software applications and infrastructure can then continue to be used until the end of the current leasing period. If continued use is not possible due to technical or other reasons, then, on demand, the customer is reimbursed proportionately the overpaid amount. The information provided on the website may be out of date. oneclick is not obliged to update the information on the website. 6. Maintenance Work Without prior notice, oneclick may at any time perform maintenance work, error correction or other changes. This can interrupt the operation or access to the website. oneclick limits unannounced business interruptions to a minimum. 7. User Accounts, Passwords and Security It is necessary to open a user account for the use of the services offered at oneclick.services. You are responsible for the confidentiality of the information you hold for your account, including your user name, password, as well as for any activity that occurs under your account. You will inform oneclick immediately of any unauthorised use of your user account and/or any other breach of security that you become aware of. You may not use, without the expressive permission of the individual account owner, the user name, password or user account of another person. 8. Limitation of Liability and Disclaimer oneclick does not promise, express or implied, that the website or any content, services or features of the website will be error-free or uninterrupted, or that your use of the website will provide specific results. The website and its content are provided as available, without guaranteeing accuracy, non-infringement, merchantability and suitability for a specific purpose. All information provided on the website is subject to change without notice. oneclick cannot guarantee that all files or any other data that you download from the website will be free of viruses or contamination or destructive features. You confirm and agree that the access to the websites, their content and services and/or their use is at your own risk and that oneclick is not liable for any errors or omissions relating to content, services or availability. oneclick disclaims any liability for all acts, omissions and conduct of any third parties in connection with or related to your use of the website and/or any services. You assume full responsibility for your use of the website and any linked websites. If you are dissatisfied with the website or any content, stop using the website or such content. oneclick, their employees, directors, distribution companies, sales organisations, licensers, as well as associated organisations are not liable for the loss of orders, opportunities, usages, (projected) profit, contracts, income, savings, goodwill and any consequent damages, which result from the use of the website. The same applies to the loss of data and content. This applies regardless of whether in relation to direct, indirect or consequent damages and if these damages occur in connection with the use of the website, the content and services, or the impossibility of their use. This also implies in case you have been informed about the possibility of the occurrence of such damages. Under applicable law to the fullest permittable extent, oneclick is not liable for direct, or indirect damages or losses that may be caused to you if we were unable, for any reason, to provide the content or services due to failure, error, omission, interruption, deletion, defect, delay in operation or transmission, also if this is based on a computer virus, communication line failure, theft or destruction, unauthorised access, unauthorised changes or usage, or an event of force majeure, such as natural catastrophe, war or terrorism. This disclaimer also applies if we were able to foresee the losses or damages incurred or should have foreseen them, and/or if you informed us about the possibility of the occurrence of such losses or damages. Notwithstanding the preceding provisions, oneclick is liable for performing its services as contracted as well as for legally binding liabilities. If oneclick is found liable to you for any damage or loss which arises out of or is in any way connected with your use of the oneclick.services website, then oneclick’s liability shall in no event exceed the amount of the total sum of a subscription or a similar fee with respect to all products, services and features of the website in the six months prior to the date of the initial claim made against oneclick. The maximum amount of liability is limited to €500.00. Some jurisdictions do not allow such exclusion of liability, so the foregoing limitation may not apply to you. Any liability is excluded for products of third party providers, which oneclick makes available as an intermediary. In the event of damage you have to contact the respective provider directly and their licence conditions and business terms will apply. 9. Indemnity You agree to indemnify and hold harmless oneclick, their connected organisations, company bodies, directors, employees and representatives, from any demands, losses, claims or expenses, made against oneclick due to violations or infringements of these Terms of Use or your contractual obligations. 10. Violation of These Terms of Use oneclick can terminate your access to the website and/or block or limit your future access to the website, if it is determined that you have violated these Terms of Use or other agreements or applicable guidelines, rules or laws. We advise you that oneclick has taken technical security precautions to protect the website from unauthorised access and that in the event of an unauthorised access your access may be blocked. oneclick is not liable to you or a third party if the blocking of your access to the website is the result of a violation of the Terms of Use. 11. International Access oneclick administers and operates the website oneclick.services from Zurich, Switzerland. Even though the website is accessible worldwide, not all features, products or services treated on the website, referenced, provided or offered through or on the website are available to all persons or in all geographical locations, or appropriate or available for use outside Switzerland. oneclick reserves the right to limit the provision and quantity of any feature, product or service to any person or geographic area. All offers for all features, products or services made on the website are void where legally prohibited. If you access the website from outside Switzerland, then this access is on your own initiative and you are solely responsible for complying with applicable local laws. 12. Unsolicited Ideas oneclick or their employees do not accept unsolicited ideas. That includes for example ideas for marketing campaigns, product names, new or improved products or technologies, processes or materials as well as ideas regarding an optimised operational management. Please do not submit unsolicited ideas, creative work, suggestions or any other drafts to oneclick or their employees. The purpose of this term of use is to avoid that misunderstandings or disputes arise when the offer of oneclick shows similarity with a submitted idea. However, if you submit an unsolicited idea despite this to oneclick, then the transmission and its content becomes automatically the property of oneclick, without you receiving any compensation for this. oneclick may use and sell your transmission and its content for any purpose and in any way. There is no obligation on the part of oneclick, to check your transmission and to treat it confidentially. Nonetheless we look forward to your feedback with regards to our provided services as we would like to continuously optimise our product offer for our customers. 13. Applicable Law and Jurisdiction These Terms of Use are subject to Swiss Law and are interpreted accordingly. The courts at oneclick‘s location are exclusively responsible for all disputes arising from or in connection with these Terms of Use, including all questions relating to the existence, validity or termination of contractual relationship. Notwithstanding the above provisions German law shall by applied for Users with residence or registered office in Germany and jurisdiction shall be at the User’s residence or registered office. 14. Severability Clause Should individual formulations or clauses in these Terms of Use be considered as invalid or unenforceable by a court, then such statements will be limited to a minimum or removed or replaced by a legally effective statement that expresses the intention of these Terms of Use so that these Terms of Use continue to remain in force in their entirety.