General Terms and Conditions for the Use of the App Versions of the Products of SwissSalary Ltd.

1 General
SwissSalary Ltd. offers its customers products for payroll and time management. The products of SwissSalary Ltd. can be configured by the customer according to individual requirements without programming knowledge being required. SwissSalary Ltd. licenses the SwissSalary-App exclusively to business customers in Switzerland. By installing or using the SwissSalary-App, the customer agrees to these terms of use. This agreement exists exclusively between the customer and SwissSalary Ltd. and not between the customer and Microsoft. The customer receives a temporary, non-exclusive, non-transferable right to use the SwissSalary-App; he has no right to technical changes (modification of the source code) and the reuse of the results.

2 Duty to cooperate
The customer is responsible for obtaining and maintaining all permits, declarations of consent or other confirmations that are needed to use all SwissSalary Ltd. services in compliance with the legal requirements, in particular those concerning data protection and the use of employee data. The customer is solely responsible for adhering to and enforcing the required data classification and security guidelines when using the SwissSalary-App and its options. All preparation and support work in connection with the licensing and installation of the SwissSalary-App can be obtained from SwissSalary Ltd. by the customer. The customer is solely responsible for the use of payment information and passwords. The customer shall take effective measures to prevent misuse. Suitable passwords must be chosen, changed regularly and stored carefully. The customer is responsible for all activities performed after obtaining authorised access to the system. The customer is obliged to inform SwissSalary Ltd. immediately of any potential misuse of the accounts or any security-relevant incidents relating to an online service. The customer bears full liability for incorrect information provided during registration and indemnifies SwissSalary Ltd. against all claims by third parties. The customer is obliged to manage the usage rights in accordance with the purchased volumes and periods. The customer shall actively prevent any use beyond the authorised volumes and periods. The customer is responsible for the selection, installation and use of the licence material and for the data processing solution achieved through use. In addition, the customer is solely responsible for the selection, acquisition and use of other programs, data systems and any underlying infrastructure, such as hardware, network components, operating systems, browsers and office software tools.

3 Scope of usage right/protection of licence material
3.1 Intended purpose
SwissSalary Ltd. hereby grants the customer the right to use the licence material for the intended purpose free of charge for 30 days. This right includes a non-exclusive, non-transferable right to use the delivered license material solely for your own purposes, without time or place restrictions. The customer is entitled to adapt the Licensed Material to his specific requirements ("parameterization") or to equip it with interoperable programs at his own risk and within the scope of the intended use. Any other changes, such as the reconstruction of the source code from the machine-readable code (object code), are not permitted and constitute an infringement of the intellectual property rights of SwissSalary Ltd.

3.2 Ownership and protection of intellectual property rights
The Customer is only entitled to the agreed right to use the Licensed Material for the intended purpose as defined in paragraphs 1 and 2 above. All other rights, in particular the ownership, the commercial rights and the copyright to the licence material as well as all other rights of use not expressly granted remain exclusively with SwissSalary Ltd. The Customer acknowledges that the Licensed Material contains ideas, information, concepts and processes that constitute trade secrets of SwissSalary Ltd. or third parties. The customer is therefore obliged not to make these accessible to unauthorised third parties. The customer must ensure by appropriate instructions, agreements and other suitable organisational and technical measures that all persons who have access to the licence material use it only for the intended purpose and do not infringe the intellectual property rights of SwissSalary Ltd. or other authorised third parties. The customer may not change, remove or delete copyright or trademark notices of SwissSalary Ltd. or authorized third parties that are on the license material.

3.3 Misuse
If SwissSalary Ltd. is made aware that the customer or a third party has used the service illegally, if such use is confirmed by a court ruling or is obvious due to the circumstances, or if the use of the service leads to a situation unreasonable for SwissSalary Ltd., e.g. endangerment of integrity, SwissSalary Ltd. may demand that the customer use the service in accordance with the contract, temporarily suspend the service immediately without written or verbal warning or terminate the contract without notice. SwissSalary Ltd. can take the same measures if the customer violates the terms of the contract, including providing false information during registration.

3.4 General exclusions
No warranty, guarantee or liability to the extent permitted by law is assumed for licensed material that has not been released by SwissSalary Ltd. for the corresponding purposes. SwissSalary Ltd. does not guarantee that the software created or delivered by it can be used without interruptions or errors in all combinations desired by the customer and with all data, IT systems and programs. In this respect, no warranty, guarantee and/or liability is assumed to the extent permitted by law. SwissSalary Ltd. accepts no liability for software errors caused by circumstances for which it is not responsible, in particular unauthorised software changes, incorrect installation of the software or interventions and other influences for which SwissSalary Ltd. is not responsible, whether by the customer itself, by third parties or by third-party software. Here too, no warranty, guarantee and/or liability is assumed to the extent permitted by law. Unauthorized manipulations or adaptations of the software by the customer lead to the expiration of the guarantee.

4 Download and installation of the SwissSalary-App
After downloading the SwissSalary-App from the online shop, the customer has 30 days to test the SwissSalary-App free of charge. If the customer then decides to implement the SwissSalary-App., the customer must register by entering the required parameters in the registration form. After successful registration, the customer is requested to download and install SwissSalary-App according to the instructions. Costs/payment The products of SwissSalary Ltd. can be tested by the customer for 30 days free of charge. After registration, the customer receives an e-mail with a link to a secure portal for entering payment information (Visa, Master Card, etc.). The price depends on the number of users and is charged monthly. If SwissSalary Ltd. determines that payment is outstanding after a reminder has been issued, SwissSalary Ltd. is entitled to immediately cease use without prior notice or compensation. The blocking will be lifted immediately after payment of the outstanding payment by the customer within 30 days.

5 Duration/cancellation of the SwissSalary-App
The SwissSalary-App can be cancelled at any time with effect from the end of the month via the admin portal. The database can be made available to the customer for an additional charge. The database will be deleted immediately after receipt of the termination.

6 Support
The customer receives the SwissSalary-App as seen. The customer can obtain services and support from SwissSalary Ltd. against payment.

7 Changes and settings for the SwissSalary-App
The SwissSalary-App is continuously developed and improved. By purchasing a license, the customer automatically benefits from these improvements. SwissSalary Ltd. may change the SwissSalary-App at any time without notice, integrate new services from third parties or remove services from third parties. It may also change these terms of use at any time. Changes will be displayed in an appropriate manner.

8 Data protection
SwissSalary Ltd. neither tracks the user behaviour of the customer in the SwissSalary-App (e.g. pages called up and frequency) nor evaluates the information in any form. With the help of the SwissSalary-App, the data is transferred in encrypted form (SSL) to the central storage of the provider on Azure and stored in the special customer database. The transferred data includes content and comments. No files such as lists, documents, etc. are stored on a SwissSalary server. In all other respects, the data protection regulations on the homepage of SwissSalary Ltd. apply.

9 SwissSalary warranty/disclaimer
The customer is solely responsible for the safe use of the SwissSalary-App. SwissSalary Ltd. hereby disclaims all responsibility. SwissSalary Ltd. recommends that mobile and stationary devices used to access the SwissSalary-App be protected with a password; in the event of loss or theft of the device, the personal files that can be viewed with the SwissSalary-App are protected. Liability towards the customer is borne by SwissSalary Ltd. and not by the online app shop; however, this liability is limited to gross negligence and intent. SwissSalary Ltd. is in no way liable for possible damages to the customer due to the loss of unsecured data or software programs. The liability for external services is borne by the parties themselves. The customer is liable for breaches of contract and resulting claims by third parties.

10 Place of jurisdiction, applicable law
All questions and disputes relating to this SwissSalary-App are subject exclusively to Swiss law. The exclusive place of jurisdiction is Bern; compulsory places of jurisdiction are reserved.

September 2019