Terms and Conditions

4.1 Account Creation

You must provide accurate, complete, and current information during registration. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities under your account
• Notifying us immediately of unauthorized access

4.2 Organization Accounts

For business accounts, you represent that you have authority to bind your organization to these Terms.

5.1 Prohibited Activities

You may not:

• Violate any applicable laws or regulations
• Infringe intellectual property rights
• Transmit malware, viruses, or harmful code
• Attempt unauthorized access to the Service or related systems
• Interfere with Service operation or other users
• Use the Service for competitive analysis or benchmarking
• Resell or redistribute the Service without authorization
• Reverse engineer, decompile, or disassemble the Service

6.1 Pricing

Subscription fees are specified on our website or in your service agreement. Prices are subject to change with 30 days' notice.

6.2 Payment Terms

• Fees are billed in advance on a monthly or annual basis
• Payment is due upon invoice receipt
• Late payments may result in service suspension
• All fees are non-refundable except as required by law

6.3 Taxes

Fees exclude applicable taxes (VAT, sales tax, etc.), which are your responsibility.

7.1 Uptime Commitment

We strive to maintain 99.9% uptime, subject to scheduled maintenance and circumstances beyond our control.

7.2 Maintenance

We may perform scheduled maintenance with advance notice. Emergency maintenance may occur without notice.

7.3 No Warranty

The Service is provided "as is" and "as available" without warranties of any kind, express or implied.

8.1 Your Data

You retain ownership of all data you submit to the Service ("Customer Data"). You grant us a license to process Customer Data solely to provide the Service.

8.2 Data Security

We implement reasonable security measures as described in our Privacy Policy. However, no system is completely secure.

8.3 Data Processing Agreement

For GDPR compliance, a separate Data Processing Agreement (DPA) is available upon request.

8.4 Microsoft Integration

The Service integrates with Microsoft services. You are responsible for compliance with Microsoft's terms and your Microsoft licensing agreements.

9.1 Our Rights

WorkSphere365, including all software, designs, trademarks, and content, is owned by dotCLOUD and protected by intellectual property laws.

9.2 License Grant

We grant you a limited, non-exclusive, non-transferable license to access and use the Service during your subscription term.

9.3 Restrictions

You may not copy, modify, distribute, or create derivative works based on the Service.

12.1 Term

These Terms remain in effect while you use the Service.

12.2 Termination by You

You may terminate your account at any time through the Service settings or by contacting support.

12.3 Termination by Us

We may suspend or terminate your access if you:

• Breach these Terms
• Fail to pay fees
• Engage in fraudulent or illegal activity
• Pose a security risk

12.4 Effect of Termination

Upon termination:

• Your access to the Service will cease
• You remain responsible for unpaid fees
• We may delete your data after a reasonable retention period
• You must cease using the Service

12.5 Data Retrieval

You may request a copy of your data within 30 days of termination.

13.1 Exclusion of Damages

We are not liable for indirect, incidental, consequential, special, or punitive damages, including:

• Lost profits or revenue
• Data loss
• Business interruption
• Loss of goodwill

13.2 Liability Cap

Our total liability shall not exceed the fees paid by you in the 12 months preceding the claim.

13.3 Exceptions

These limitations do not apply to:

• Gross negligence or willful misconduct
• Death or personal injury caused by our negligence
• Liability that cannot be excluded under applicable law

15.1 Your Warranties

You warrant that:

• You have authority to enter these Terms
• Your use complies with applicable laws
• Your Customer Data does not infringe third-party rights

15.2 Disclaimer

17.1 Governing Law

These Terms are governed by the laws of Switzerland, without regard to conflict of law principles.

17.2 Jurisdiction

Any disputes shall be resolved in the courts of Zug, Switzerland.

17.3 Arbitration (Optional)

Parties may agree to resolve disputes through binding arbitration under Swiss Arbitration Rules.

18.1 Entire Agreement

These Terms, together with the Privacy Policy and any service agreements, constitute the entire agreement between you and dotCLOUD.

18.2 Severability

If any provision is found unenforceable, the remaining provisions remain in effect.

18.3 Waiver

Failure to enforce any provision does not constitute a waiver.

18.4 Assignment

You may not assign these Terms without our written consent. We may assign these Terms without restriction.

18.5 Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control.

18.6 Notices

Notices must be sent to:

• To dotCLOUD: contact@dotcloud.ch
• To You: The email address associated with your account