This Gleeo business agreement regulates the business relationship between Gridvision Engineering GmbH (“Gridvision”) based in Switzerland and the organization that agrees to these conditions (“customer”). This agreement replaces the general business relationships of Gridvision for the use of the Gleeo Time Tracker Sync&Team service together with the Gleeo Time Tracker app, the Gleeo Time Tracker web application and all associated beta programs (generally referred to in this agreement as "Gleeo services"). By using the Gleeo services you agree to this business agreement as a “customer” of Gridvision.
| 1. | Gleeo services |
| 1.1 | Provision: Gridvision makes the Gleeo services available to the customer for use as seen and is responsible for ensuring that the Gleeo services have a very high level of availability. In principle, interruptions in availability can occur due to maintenance work or technical problems. |
| 1.2 | Changes: Gridvision continuously updates the Gleeo services to correct any misconduct and add extensions. If Gridvision changes the Gleeo services and thereby significantly reduces the functionality, Gridvision will notify the customer in good time via the user account e-mail address or as a note directly in the Gleeo services. |
| 1.3 | Software license: The customer is hereby granted a non-exclusive license to use the Gleeo services for the trial period or the currently paid term. This license is not transferable to third parties and is fully paid when the customer pays the fees. |
| 1.4 |
Limitation of the Gleeo services: In order to be able
to provide a stable system for all customers in the long term, the
scope of use of the Gleeo services per user is regulated as follows:
|
| 2. | Customer engagement |
| 2.1 | Administration by the customer:The customer can invite domain users for his Gleeo data and assign them various authorizations. The customer is responsible for this authorization assignment. The customer must set a password for data encryption. This password remains in the local systems and is never transmitted to the servers operated by Gridvision. The customer is responsible for the confidentiality and disclosure of the passwords to the domain users. Gridvision cannot decrypt encrypted data without explicitly providing the password by the customer. |
| 2.2 | Restrictions:The customer may not resell or sublet the Gleeo services or software or sell support for the Gleeo services. Use of individual parts of the Gleeo services e.g. by reverse engineering and making your own adjustments and extensions is not allowed. |
| 3. | Payments |
| 3.1 | Fees: Payment for the use of the Gleeo services is made by a service provider involved in the payment process in the currency listed on the order form. |
| 3.2 | Payment: Payment for the use of the Gleeo services is automatically requested according to the payment interval specified on the order form. If the fees are not paid, the customer is automatically denied access to the Gleeo services. |
| 3.3 | Taxes: The fees do not include taxes. If taxes are incurred according to the law of the customer's country for the use of the Gleeo services, these must be paid by the customer. |
| 4. | Termination |
| 4.1 | General: This agreement can be terminated by both parties. |
| 4.2 | Termination of the subscription: The customer can stop using the Gleeo services at any time by using the "Cancel subscription" function or by stopping periodic payments. If the payments are stopped, the subscription is terminated. The Gleeo services are still available for the paid period after the subscription has been terminated. The customer is responsible for this, as long as he still has access to the Gleeo services, to export his data if necessary via the app or the web application and to save it with himself. Gridvision can delete the data six months after the subscription has ended without informing the customer. If the data should be deleted immediately, the customer must inform Gridvision in writing by email. |
| 5. | Intellectual property rights |
| 5.1 | Limited authorization: The customer allows Gridvision the use of his data exclusively within the scope of the provision of the Gleeo services for the customer. This restriction is also subject to subcontractors or subcontractors from Gridvision. |
| 5.2 | Suggestions: The customer gives Gridvision the right to use its evaluations, descriptions and suggestions for the Gleeo services and to integrate them into the Gleeo services and other products at its own discretion, without entering into any obligation towards the customer. |
| 6. | Liability |
| 6.1 | Limitation of indirect liability: Gridvision assumes no liability for damage of any kind that may arise from the use, incorrect use, failures or errors in the Gleeo services. The customer has to judge for himself whether the Gleeo services meet his requirements. |
| 6.2 | Disclaimer: Gridvision is only liable to customers if Gridvision is guilty of willful intent or gross negligence. The liability sum is limited to a maximum of the amount paid by the customer for the Gleeo services. In addition, all claims for damages, reduction, rectification, change, cancellation or withdrawal from the contract that are not expressly mentioned are excluded. In no case are the customer entitled to compensation for consequential damage due to loss of production, loss of use, lost profit or loss of data. |
| 7. | Other provisions |
| 7.1 | Changes to the conditions: Gridvision can change this agreement if necessary according to the current circumstances. The current version is available on the Gridvision Business websites. If the changes are significant at our own discretion, a notification is sent to the user account email address or as a note directly in the Gleeo services. It is the customer's responsibility to check the publications. |
| 7.2 | Failure of the Gleeo services: Gridvision cannot be held liable for the failure of the Gleeo services due to force majeure such as natural disasters, acts of war or the malicious influence of third parties. |
| 7.3 | Involvement of third parties: Gridvision is entitled to involve third parties for the provision of the Gleeo services or to transfer the Gleeo services to a third party. |
| 7.4 | Fees for mobile service providers: You agree that you are aware that using the Gleeo services may result in charges for you from your mobile service provider. |
| 7.5 | Applicable law: This agreement is subject exclusively to Swiss law. The place of jurisdiction is Aarau in Switzerland. |
| 8. | Severability clause |
| 8.1 | Should individual provisions of this agreement become invalid or be or become impracticable, the validity of the remaining provisions remains unaffected. Both parties are obliged to replace invalid or ineffective provisions with those that come as close as possible to the economic purpose and which can be assumed that both parties to have also agreed to these provisions of this agreement. If such a provision cannot be found, the ineffectiveness or impracticability of one or more provisions does not affect the validity of the agreement as a whole, unless the ineffective or impracticable provisions are so essential to the agreement that it can be assumed that Parties would not have entered into the agreement without the ineffective or unenforceable provisions. The same applies to the existence of a loophole. |