General Terms and Conditions

These general terms and conditions ("GTC") regulate the contractual relationship between manaxo ("Provider") and its customers (hereinafter referred to as "Customer"). By completing the registration form and ordering a user account ("manaxo account") on the provider's website, the customer accepts the following provisions without restriction. The provider reserves the right to subsequently change or supplement the GTC. These changes will only become part of the contract if the customer does not object within 14 days of becoming aware of them. The current version of the GTC will be published on the provider's website ( https://auth.manaxo.com/terms-and-conditions ).

manaxo offers companies and agencies the provision of services in the field of information and communication technology (consulting, development, production, sales, support, IT services, training, maintenance); brokering of business relationships and orders in the field of digital communication, graphics and IT services; investments; asset management, in particular acquisition, financing, construction, management and sale of real estate; acquisition, management and exploitation of intellectual property rights.

1. Subject of the contract

With the manaxo software (hereinafter referred to as "manaxo"), the provider primarily offers software as a service (SaaS) services over the Internet in the area of ​​business software. In addition, the provider provides other services in various areas (hereinafter referred to jointly as "services"). The exact scope and conditions of the services are set out in the current service description on the provider's website. The contract includes in particular:

a) the provision of the manaxo software for use over the Internet;
b) the storage of customer data ("data hosting");
c) the provision of various add-ons as a supplement to the manaxo software. Some add-ons are offered by the provider itself, others by third parties. The add-ons can be ordered or set up either directly in the manaxo account or in the provider's app marketplace.

2. Licensing of software

2.1. During the term of this contract, the provider allows the customer to use the current version of the manaxo software over the Internet for a fee. The software is stored on a server that is accessible to the customer over the Internet.
2.2. The provider will continuously develop the software and improve it through regular updates. The exact range of functions of the current version is described in the service description on the provider's website.
2.3. The provider regularly monitors the functionality of the software and corrects any software errors if technically possible.

3. Granting of licenses to use the software

3.1. During the term of the contract, the provider grants the customer the non-exclusive and non-transferable right to use the manaxo software properly in accordance with the agreed scope of services.
3.2. The customer may not copy or edit the software unless this is expressly permitted in the current service description on the website or approved in writing by the provider. In particular, it is prohibited to temporarily install the software or to save it on data carriers (with the exception of the main memory) of the hardware used by the customer.
3.3. The customer is not entitled to make the software available to third parties for a fee or free of charge. Any form of making the software available to third parties is expressly prohibited unless this is expressly permitted in the current service description on the website or approved in writing by the provider.
3.4. The customer undertakes to structure his contractual relationships with third parties in such a way that unauthorized use of the software by third parties is effectively prevented.

4. Hosting of data

4.1. The provider provides the customer with a certain amount of storage space on a server (see service description) to store their data on. If the existing storage space is insufficient, the provider will inform the customer in good time. If the customer does not order additional storage space for a fee, no further data will be stored that exceeds the available storage space.
4.2. The provider guarantees that the stored data can be accessed via the Internet in accordance with the technical possibilities.
4.3. The customer may not pass on the storage space provided, either partially or completely, to third parties for use against payment or free of charge. 4.4. The
customer undertakes not to store any content on the storage space that violates applicable law or contracts with third parties.
4.5. The provider takes suitable measures in accordance with the technical possibilities to prevent data loss and prevent unauthorized access to customer data by third parties. For this purpose, backup copies are regularly created, data is checked for viruses and firewalls are installed.
4.6. The customer remains the sole owner of the data and can demand that the provider release individual or all data during the term of the contract without the provider having a right of retention. The data is transmitted to the customer via a data network in the format used by the provider. The customer has no right to the software required to use the data. The provider can demand appropriate compensation for the release of the data.
4.7. After the end of the contract, the customer has the right to demand the release of his data for one month in accordance with point 4.6. The provider is not obliged to store the customer data beyond this period or to guarantee its release. If a customer requests the release of data after the expiry of the one-month period and the data is still available to the provider, the provider will release the data as soon as the actual costs incurred have been paid.

5. Use of subcontractors

5.1. To fulfill the contractual services, the provider may engage subcontractors or third parties, in particular for software programming. If such engagement is permitted, the provider shall ensure that the agents are carefully instructed.
5.2. The warranty and liability for subcontractors or third parties is excluded by law as far as possible.

6. Collaboration with third-party providers/trustee partners

6.1. The customer can grant a third party, such as his trustee, access to his manaxo account to enable data exchange. The customer retains full control over the access rights and can restrict or deny the third party's access at any time.
6.2. The provider also enables the trustee to open a manaxo account and manage access rights. The trustee can grant, restrict or deny these rights to any third party. In exceptional cases, however, the provider reserves the right to pass on certain data to authorized third parties.
6.3. By granting access rights to third parties, the customer agrees that the provider may make all released data available to the authorized person. The provider assumes no responsibility for data processing by the authorized person, e.g. the trustee.

7. Third-party add-ons

7.1. The provider provides an interface ("API") for communication with third-party software. This gives the customer the opportunity to integrate various additional packages or offers from third parties ("add-ons") via the manaxo software. The customer can order the add-ons in the provider's app marketplace. The customer can also grant other third-party providers permission to use the interface to their manaxo account. A contractual relationship regarding the use of third-party add-ons is established exclusively between the customer and the third-party provider, unless expressly agreed otherwise.
7.2. If access rights are required to use an add-on, the customer expressly agrees to grant all necessary access rights by ordering or integrating the add-on. The provider is then entitled to make all necessary customer data available to the third-party provider or to enable access to it. The customer retains full control over the third-party provider's access rights to their data at all times and can restrict or deny access at any time. The customer also agrees that the provider or the third party exchanges data when using other add-ons.
7.3. Any warranty and liability for the third-party add-ons is expressly excluded. The provider assumes no responsibility for data processing by the third party.
7.4. Irrespective of other assurances, the provider reserves the right to partially or completely restrict access to the API for individual or all customers for important reasons. An important reason exists in particular if data is migrated via the interface that damages the provider or overloads the infrastructure.
7.5. By ordering the add-on, the customer declares his consent to the terms and conditions and the privacy policy of the respective third-party provider.

8. Advice from third parties

8.1. The provider offers its customers the opportunity to use consulting services from third parties. The authorization to use these services is based on the current service description on the provider's website. The consulting services can be offered on the basis of insurance contracts between the provider and the third-party providers, but not exclusively.
8.2. In order to verify the customer's authorization and to provide the third party with the necessary contact details, the following data is transmitted to the third party:

a) Name/company of the company,
b) address (street, postal code, city, address details),
c) concluded contracts between the provider and the customer,
d) telephone number(s),
e) e-mail address(es).

8.3. Customers are obliged to provide proof of their entitlement to use the consulting services at any time upon request from the third-party provider. They are responsible for ensuring that access to the consulting services is only available to employees who are authorized to do so (e.g. by providing the third-party provider's telephone number).
8.4. The customer receives the consulting services exclusively from the third-party provider. Any claim to service on the part of the customer exists exclusively against the third-party provider. There is never a consulting or insurance contract between the provider and the customer.
8.5. The provider reserves the right to restrict or terminate the consulting services for individual customers at any time for important reasons. An important reason exists in particular if the offer is used in a contentious or excessive manner.
8.6. By accepting the terms and conditions, customers declare their consent to the general terms and conditions and the privacy policy of the respective third-party provider.

9. Support

9.1. The provider will respond to customer inquiries regarding the manaxo software and other services as quickly as possible within the business hours published on its website, either by telephone or in writing via email. Please note that support for third-party software and services (e.g. add-ons) is excluded from this.

10. Impairment of accessibility

10.1. Adjustments, changes and additions to the provider's SaaS services as well as measures to identify and resolve malfunctions only lead to a temporary interruption or impairment of availability if this is necessary for technical reasons.
10.2. The basic functions of the manaxo software are regularly monitored and maintained. In the event of serious errors (e.g. if the use of the manaxo software is no longer possible or is significantly restricted), maintenance is usually carried out within 2 hours after the customer has become aware of it or has been notified. The provider will inform the customer in good time about planned maintenance work and carry it out as quickly as possible. The provider endeavors to ensure a high level of availability of the manaxo software.
10.3. The third-party services discussed in this section are excluded from the availability guarantees. In particular, the provider cannot guarantee the availability of add-ons that are the responsibility of third parties.

11. Customer obligations

11.1. The customer may only use the SaaS services for the intended purpose. He is solely responsible for the content that he and his users create, transmit or use with the help of the SaaS services. The customer is responsible for the necessary system requirements (in particular hardware and software) for using the manaxo software. The customer is responsible for entering and maintaining the data and information required to use the SaaS services, without prejudice to the provider's responsibility for data backup.
11.2. The customer is obliged to check his data and information for viruses and other harmful components before entering them and to use suitable virus protection programs.
11.3. The customer must take appropriate measures to prevent unauthorized access to the software by third parties. The customer is obliged to inform his employees about existing intellectual property rights and to work towards ensuring that these are observed. In particular, employees are instructed not to make copies of the software or to pass on access data to third parties.
11.4. Before the Customer uses the SaaS Services for the first time, he must generate a "User ID" and password required to access the manaxo account. The Customer is obliged to keep his "User ID" and password secret and not to make them accessible to third parties. The Customer must immediately inform the Provider of any unauthorized use or security breach. In such cases, the Provider will reset the Customer's "User ID" and password.
11.5. The Customer is obliged to take all measures he deems necessary to ensure the security of data, software and network connections. In particular, the Customer should change his password regularly, at least every sixty (60) days.
11.6. The Customer must always keep the information in his manaxo account up to date, in particular personal information such as home address, email address and telephone number(s).
11.7. After termination of the contractual relationship, the Customer is responsible for backing up his data. The Provider is entitled to irrevocably delete all data one month after the end of the contract.
11.8. If the customer violates his obligations under the General Terms and Conditions or other contractual provisions, the provider has the right to temporarily or permanently restrict or block the manaxo account and access to all services.

12. Fees

12.1. The customer is obliged to pay the provider the agreed fee plus/incl. VAT according to his subscription or the corresponding service description.
12.2. Unless otherwise agreed in writing, the fee must be paid in advance.
12.3. The provider will send the customer an invoice for the agreed fee to the email address provided for the billing address.
12.4. The provider reserves the right to adjust the fees and/or the content of the service at any time by written notification to the customer. Reasons for these changes may be technical progress and the further development of the software. If the customer cannot accept the changes to the changed tariffs and if they represent a deterioration of the conditions from the customer's point of view, he has the right to terminate the contract for good cause. Termination must take place within 14 days of the changes coming into effect.
12.5. In the event of late payment, the provider is entitled to temporarily block the manaxo account and restrict access to the services. During the blocking period, the agreed fee remains due in full. Access will be reactivated as soon as outstanding invoices have been paid.

13. Warranty / Liability

13.1. The provider guarantees the functionality and operational readiness of the SaaS services in accordance with the provisions of these terms and conditions.
13.2. The customer undertakes to indemnify the provider against all claims by third parties based on the data stored by him and to reimburse the provider for all costs incurred due to possible violations of law.
13.3. The provider has the right to block the storage space immediately if there is reasonable suspicion that the stored data is illegal or violates the rights of third parties. Such suspicion exists in particular if courts, authorities or other third parties inform the provider of this. The provider immediately informs the customer about the blocking and the reason for it. The ban will be lifted as soon as the suspicion has been completely dispelled.
13.4. Within the framework of the legal provisions, the provider excludes any liability towards the customer or third parties, including the fulfillment of contractual and non-contractual obligations and the loss of data, even in the event of negligence. This exclusion of liability also applies to damages that arise directly or indirectly from the use of the manaxo software.
13.5. If the provider calls in assistants to fulfill its contractual obligations, it ensures that they are appropriately instructed. Otherwise, the warranty and liability are excluded to the extent permitted by law, including intent and gross negligence.
13.6. In all cases, regardless of the basis of liability, the provider's liability is limited to the amount of the monthly license fee for the last twelve months before the damage occurred.
13.7. The warranty and liability for software and services from third-party providers, such as add-ons, consulting services or banking interfaces, are excluded to the extent permitted by law.

14. Duration of the agreement

14.1. The contractual relationship begins with the customer's registration and order.
14.2. The contractual relationship is concluded for an indefinite period. Therefore, the respective subscription (monthly subscription, annual subscription, etc.) is automatically extended for a further billing period as long as the contractual relationship has not been terminated in accordance with the provisions of this section.
14.3. The parties have the right to terminate the contractual relationship with one month's notice to the end of the current billing period of the respective subscription (monthly subscription, annual subscription, etc.). We reserve the right to make other agreements regarding the notice period (particularly in the context of special offers).
14.4. Form of termination: Termination must be made online in the customer's manaxo account. After termination, the customer will receive an email from the provider with a confirmation link. As soon as this confirmation has been received by the provider, the manaxo account will be blocked after the one-month notice period at the end of the respective billing period. The time of termination is determined by the receipt of the confirmation of termination by the provider.
14.5. The parties reserve the right to terminate the contract immediately for important reasons. An important reason for the provider may exist in particular if:

a) the customer becomes insolvent or the insolvency proceedings are discontinued due to lack of assets;
b) the customer is in arrears with payment obligations from this contractual relationship amounting to at least one month's salary and has been reminded without success after a reminder with a period of notice of two weeks;
c) the customer intentionally violates legal regulations or infringes the copyrights, industrial property rights or name rights of third parties;
d) the customer seriously violates obligations under the General Terms and Conditions or other contractual provisions;
e) the customer uses the services for criminal, illegal or ethically questionable activities.

14.6. In the event of the death of the owner of a sole proprietorship, the provider is generally entitled to release the data of the sole proprietorship to authorized persons (in particular family members, trustees). This release depends on proof of a legitimate interest (e.g. succession planning, inheritance distribution, etc.). The provider can also grant an authorized person access to the manaxo account of the sole proprietorship concerned or transfer the account to this person (e.g. heirs) upon presentation of suitable evidence. However, if the authorization is doubtful or several parties assert different claims, the provider can refuse to release the data or take further steps.

15. Notes

15.1. Unless otherwise provided by law, all notices must be given in writing or by email to the address provided by the Customer in the manaxo account or to the (email) address provided on the Provider's website. The Customer is obliged to immediately report any change of address (including email address) or update it in the manaxo account. Otherwise, notices sent to the last address provided will be deemed to have been effectively delivered.

16. Data protection

16.1. By accepting these terms and conditions, the customer declares his consent to the privacy policy and the processing agreement of the provider in their currently valid version. These documents are permanently available on the provider's website. The customer confirms that he is aware of these documents.
16.2. The customer hereby expressly consents to the exchange of data between the provider manaxo. manaxo undertakes to maintain confidentiality and to comply with the applicable data protection laws.

17. Intellectual Property Rights

17.1 All rights to intangible assets, in particular to the manaxo software and the website in connection with the SaaS services, remain the property of the provider.

18. Confidentiality obligation

18.1. The provider will treat information that becomes known to it in the course of the preparation, implementation and fulfillment of this contract, in particular the customer's business or trade secrets, as confidential and will not pass this information on to unauthorized third parties without the customer's consent. This obligation applies to all third parties unless the disclosure of information is necessary for the proper fulfillment of the provider's contractual obligations.
18.2. The customer authorizes the provider to name the customer as a reference and to use general information about the agreed contract in an appropriate manner for marketing, PR and sales purposes. However, the provider will contact the customer before publication and the customer can only revoke the consent for important reasons.

19. Newseltter Tools "Principles for the provision of our services"

19.1 With our software and its functions, we only provide you with a technical basis for the purposes to be covered by you within the scope of the services purchased (see in particular the service description at https://www.marketing-mailing.com). We assume no responsibility for the actions carried out with our software or for the content processed with our software. All actions you carry out with our software and the content processed are subject exclusively to the legal provisions, agreements and contracts that you conclude with your customers, partners, employees, etc. with whom you use our software or for whom you use our software.
19.2 You may not allow third parties to use our services for commercial purposes.
19.3 We reserve the right to change or adapt our services and the associated documents and attachments taking your interests into account, provided that we do not violate our contractually assumed main performance obligations towards you. We will only make significant changes and settings that negatively affect the contractual relationship with you with your consent. If this is not achieved and we have to make the corresponding change or adjustment because we are changing our business model or this is necessary for technical reasons, both parties have the right to terminate this contract with immediate effect.
19.4 In the event of force majeure, we are released from our obligation to provide the services for the corresponding period if it is actually not possible for us to provide the service. Force majeure includes fire, explosion, flood, war, blockade, embargo, pandemic and industrial action, for which we or a subcontractor are not responsible.
19.5 You are responsible for the actions of your users and are liable for them as for your own actions.
19.6 Links or functions in our software may take you to third-party websites and software that are not operated by us and for which we are not responsible. Such links or functions are either clearly marked or recognizable by a change in the browser's address line or a change in the user interface.
19.7 We are entitled, if we have legitimate grounds, to refuse access to our software and to block or exclude you as a customer or your users or to terminate the contract for good cause if we receive repeated complaints about you or if you repeatedly disregard the provisions of the contract and these Terms and Conditions, other requirements communicated by us or compliance with legal regulations. We will inform you of this immediately and give you the opportunity to comment. Before completely blocking or excluding you, we will inform you of this 10 days in advance, stating the relevant reasons. If you remove the reason that led to the rejection, blocking or exclusion, we will consider resuming your services on our platform.

20. Hosting und Mailing

20.1. If the customer does not pay his last reminder, his hosting account will be blocked for 10 days. An advance payment of CHF 200 is required to reactivate the account. If the customer does not leave a written message with manaxo after a further 10 days (a total of 20 days after the first blocking), the data will be permanently deleted and cannot be restored. In this case, manaxo is not liable for any damage that could arise from the loss of data.
20.2. It is not permitted to send mass emails (newsletters) from the manaxo management server. If this rule is violated, the affected domain hosting will be blocked immediately. An advance payment of CHF 200 is required to reactivate the hosting. If this rule is violated repeatedly, the domain hosting will be completely blocked from the manaxo server and all data will be removed from the server. In this case, manaxo is not liable for any damage resulting from the loss of data.

21. Severance clause

21.1 Should any provisions in this contract be or become invalid or void, the validity of the remaining provisions shall remain unaffected. The invalid or void provision shall be replaced by a new provision that is as close as possible to the invalid or void provision in a legally permissible manner and has a comparable economic significance and effect. The same procedure applies if a gap in the contract arises.

22. Applicable law and place of jurisdiction

22.1 This contract is governed by Swiss law, excluding conflict of law rules and international agreements, including questions of formation and validity. The exclusive place of jurisdiction for all disputes in connection with this contract, including questions of formation, validity, invalidity, binding nature, implementation, modification or addition, breach or termination of this contract, is the registered office of the provider.

Last updated: February 12, 2024

**************

Order processing contract manaxo

The contract for order processing regulates the data protection obligations between manaxo (provider) and its customers (clients) and refers to the general terms and conditions and the DSE. It applies to all activities in which employees of the provider or commissioned third parties process the client's personal data. The provider's data protection officer can be contacted at support@manaxo.com for all questions relating to data protection.

1. Subject of the order, duration and specification of order processing

1.1. The subject matter and duration of the order as well as the type and purpose of the processing are generally governed by the General Terms and Conditions (GTC), unless further obligations arise from the following provisions.
1.2. The exact subject matter, type and purpose of the order processing are specified in the order processing contract.

2. Responsibility & Scope

2.1. The provider processes personal data on behalf of the customer. The scope of this processing is specified in the general terms and conditions on the provider's website.
2.2. The customer is solely responsible for compliance with the statutory provisions on data protection, in particular with regard to the legality of the data transfer to the provider and the legality of the data processing.
2.3. By completing the registration form and ordering a user account ("manaxo account") on the provider's website, the customer gives the provider the appropriate instructions for data processing. The customer can add to, change or revoke his instructions via his manaxo account or by notifying the provider. Instructions that are not provided for in the general terms and conditions will be treated as a request to change the service. Verbal instructions must be confirmed immediately in writing or followed by corresponding actions in the customer's manaxo account.

3. Duties and obligations of the provider

3.1. The provider processes personal data of data subjects within the framework of the contractual relationship only in accordance with the General Terms and Conditions and the AVV, unless there is a legally regulated exception.
3.2. The provider designs its internal organization in such a way that it meets the requirements of data protection. It takes technical and organizational measures to protect the client's data that meet the legal requirements. These measures guarantee the confidentiality, integrity, availability and resilience of the systems and services associated with the processing. The client is informed of these measures and is responsible for ensuring that an appropriate level of protection is guaranteed for the data to be processed.
3.3. The specific measures may alternatively include appropriate measures in the sense of technical progress and further development, as long as the agreed security level of this AVV is not undercut.
3.4. The provider supports the client as far as possible in fulfilling data protection requirements and claims of data subjects and in complying with data protection obligations, if this has been agreed.
According to the General Terms and Conditions, the provider has the right to demand an appropriate flat-rate fee for this. 3.5. The provider's employees commissioned to process the data and other third parties working for the provider process the data exclusively within the framework of the contractual relationship in accordance with the General Terms and Conditions and the AVV and are obliged to maintain confidentiality.
3.6. If the provider becomes aware of a breach of the protection of personal data, it will take appropriate measures to protect the data and to reduce possible adverse consequences for the persons concerned. The provider also fully complies with all applicable reporting obligations in the event of data protection violations.
3.7. The provider guarantees compliance with all applicable data protection regulations and regularly checks the effectiveness of the technical and organizational measures to ensure the security of processing.
3.8. The provider processes and stores personal data only for the duration of the existing contractual relationship between it and the client. The contract data will be corrected or deleted at the customer's instruction and within the framework of the instructions. This does not apply to data that must be further processed due to legal regulations or compelling internal purposes. The provision and corresponding remuneration of the data are regulated in the General Terms and Conditions.

4. Duties and obligations of the customer

4.1. The customer should immediately inform the provider in writing or via the manaxo account of any errors or irregularities in relation to data protection regulations in the order results.
4.2. The customer will inform the provider of the contact person for data protection issues during the contractual relationship if this differs from the named contact person.
4.3. The customer is solely responsible for informing the persons affected by the data processing of any possible data use, processing and transfer by the provider in accordance with the provisions of the General Terms and Conditions and this AVV. If the persons affected do not consent to the planned data processing, it is the customer's responsibility to delete the data in question from their manaxo account.
4.4. By accepting the General Terms and Conditions, the customer expressly agrees to the transfer of his data to manaxo and the provider. The customer releases the provider from any possible claims. The consent of the persons affected to the data transfer is the responsibility of the customer.

5. Requests from data subjects

5.1. If data subjects send requests for correction, deletion or information to the provider, the provider will refer the data subject to the customer if it is possible to assign the data subject's request to the customer. The provider will forward the data subject's request to the customer within a reasonable period of time. The provider can support the customer to the best of its ability with data protection claims of a data subject. In this case, the provider has the right to demand an appropriate flat-rate fee for expenses. The provider is not liable if the customer does not answer the data subject's request, does not answer it correctly or does not answer it in a timely manner.

6. Verification options

6.1. The provider proves that the obligations specified in section 1 have been fulfilled by the customer by submitting suitable evidence, e.g. through a self-audit and/or certification.
6.2. If investigations are required by the customer or an auditor commissioned by the customer (e.g. within the framework of the DSG), these will take place during normal business hours, with prior notice and with an appropriate lead time in order not to disrupt operations. The provider can make the conduct of such investigations dependent on timely registration and the signing of a confidentiality agreement regarding the data of other customers and the technical and organizational measures implemented. If the auditor commissioned by the customer is in a competitive relationship with the provider, the provider can reject him and suggest a neutral person. If necessary, the customer can be charged for the costs associated with the audit, especially if no irregularities were found.
6.3. If a data protection supervisory authority or another official supervisory authority of the customer wishes to carry out an audit, the provisions in section 6.2 apply accordingly. In this case, the signing of a confidentiality agreement is not required if that supervisory authority is subject to a professional obligation of confidentiality or a legal obligation of secrecy, the breach of which constitutes a criminal offence.

7. Subcontractors (other processors)

7.1. The provider may use subcontractors to fulfill the contractual services. The provider may engage subcontractors as data processors provided that they meet the requirements of this AVV. The provider will make suitable agreements with the subcontractors to ensure appropriate data protection and information security measures. Excluded from this section are subcontractors who do not have access to customer data or who do not process personal data as data processors. A current list of subcontractors acting as data processors can be viewed on the following website: https://www.manaxo.com/commissioning-contract/
7.2. The customer agrees that the provider may use the subcontractors specified on the provider's website. Before further subcontractors are brought in, the provider will inform the customer by updating its website. The overview on the website must be updated at least 14 days before use. The customer checks the overview regularly. The customer can object to the change within 14 days of becoming aware of it for important reasons. If no objection is received within this period, consent to the change is deemed to have been given. If there is a relevant data protection reason and if an amicable solution between the parties is not possible, the provider has a special right of termination.

8. Information obligations

8.1. If the customer's data is at risk due to seizure, attachment, insolvency or composition proceedings or other events or measures by third parties, the provider must inform the customer immediately. The provider will also immediately inform the parties concerned that the data is the exclusive property and possession of the customer.

9. Liability

9.1 Sealing requirements are defined in accordance with the relevant provisions in the General Terms and Conditions.

10. Miscellaneous

10.1 Otherwise, the provisions of the General Terms and Conditions apply. In the event of any contradictions between the AVV and the T&Cs, the provisions in the T&Cs take precedence. Should individual parts of the AVV be invalid, this will have no effect on the validity of the T&Cs and the remaining provisions of the AVV.

11. Subject, purpose and scope

Purpose and scope of the order:
Processing of the customer's personal data in the course of using the provider's services within the framework of Software as a Service.

Type of purpose of the intended data processing:
The personal data transmitted by the customer will be processed by the provider as part of the software as a service. The provider processes this data in accordance with the terms and conditions and the corresponding service descriptions on the provider's website, including order management, contact management (CRM), project management, accounting, warehouse management, etc.

Type of personal data:
The exact details are based on the information provided by the customer. This may include in particular (depending on the order):

• Name, contact details and address
• Gender and date of birth
• Financial information and payment details - professional and educational information
• Communication history and correspondence
• Usage data and activities on the platform
• Other information necessary to provide the services

Categories of data subjects:
The specific categories of data subjects depend on the data provided by the customer. These may include in particular (depending on the order):

• Customer employees (including applicants and former employees)
• Customer's service provider
• Customers of the customer
• Contact details of contact persons
• Customers’ prospects

Deletion, blocking and correction of data:
Requests for deletion, blocking and correction should be addressed to the customer. Further provisions on this topic can be found in the General Terms and Conditions and this AVV.

12. Technical and organizational measures (TOM)

The following technical and organizational measures (TOM) are crucial for data processing.

01. Relocation of security areas

• Implementation of effective access protection
• Definition of authorized persons
• Management and documentation of personal access authorizations throughout the entire life cycle
• Access logging
• Monitoring of rooms outside closing times

02. Access control

• Definition of authorized persons
• Management and documentation of personal authentication media and access authorizations
• Automatic and manual access lock
• Secure transmission of verification secrets (credentials) over the network
• Access logging
• Assignment of minimum permissions
• Verification and documentation of access authorizations for individuals
• Logging of data access

03. Transmission Control

• Secured interfaces, non-transferable security of the oldest security gates on the network devices of the systems
• Data protection guidelines and objects of destruction
• Data protection compliant deletion or destruction procedure

04. Input control

• Automatic recording of entry authorizations
  Logging of entries

05. Order control

• Documentation of authorizations to the data
• Logging of entries made

06. Availability control

• Backup and recovery concept
• Storing and managing backups
• Emergency planning and preparation
• Review of emergency measures

07. Separation requirement

• Ensuring data-saving data collection
• Ensuring separate processing of data

Last updated: February 12, 2024

**************

General terms of use for licensees for communication via the manaxo platform

1. User account

Registration for a user account to communicate with the licensees takes place via the manaxo platform. For this purpose, the user needs his email account and possibly also his mobile phone in order to be able to use two-factor authentication.

The user is expected to always provide complete and correct information when registering and during other user actions, to keep their user account information up to date and to correct errors promptly. By registering, the user confirms that he or she is capable of acting or is acting with the consent of his or her legal representative.

After confirming the email address, the user is registered and the user account is created.

2. Rights and obligations of the user

2.1. Authentication tools
The user is responsible for keeping the authentication tools (e.g. user name, password, code, mobile phone, etc.) carefully and securely to prevent third parties from gaining access to their user account. In particular, these authentication tools must not be passed on to third parties. Should the user nevertheless grant third parties access to their account, they are solely responsible for their actions.

After successful authentication, the user remains logged in to his manaxo account until he logs out manually or the online service automatically logs him out after a long period of inactivity.

On the manaxo platform, the user has access to a digital signature for communication with licensees. By using the digital signature, the user acknowledges the legal consequences that are equivalent to a handwritten signature.

2.2. User systems
The user is responsible for Internet access and the necessary hardware and/or software components (including configuration). He must ensure that his systems are adequately protected against malicious software (viruses, malware, etc.) and unauthorized access.

The user must ensure that the devices and systems he uses to access the login and the online services available via the manaxo platform are protected against unauthorized access and manipulation.

2.3. Reporting obligation
If the user has reason to believe that third parties know the authentication features or have access to the user account or the online services available via the manaxo platform, he must immediately report this to the licensee and immediately change his password.

2.4. Place of performance and receipt of messages
The user's electronic mailbox within the manaxo platform is considered the place of performance for the electronic delivery of correspondence, invoices, etc. However, the licensee is entitled to deliver the correspondence by other means (e.g. in paper form or by email) at any time without stating reasons.

The Licensee's electronic communications sent via the manaxo platform are deemed to have been duly delivered on the day they are made available on the manaxo platform. The respective deadlines, in particular complaint and payment deadlines, begin upon receipt of each communication.

3. Rights and obligations of the licensee

3.1. Security
The licensee protects its infrastructure and user data with appropriate measures and treats the data entrusted to it confidentially. The infrastructure and processes relevant to manaxo (e.g. architecture, network, systems) are regularly checked both internally and externally; any deficiencies are remedied immediately.

3.2. Availability
The licensee endeavors to ensure continuous availability of the services via the manaxo platform. However, the licensee and manaxo do not guarantee the uninterrupted availability of their services and do not accept any responsibility for the availability or trouble-free functioning of the manaxo platform. Nor can the licensee guarantee unlimited operational availability of the Internet and the transmission of data within a reasonable period of time via email, SMS, etc.

The Licensee and manaxo will keep interruptions to rectify faults, carry out maintenance windows, introduce new technologies, etc. as short as possible and, whenever possible, schedule them during low-traffic times.

3.3. Recording and storage of receipts
Within the framework of legal regulations, the user is responsible for the content, recording and storage of electronic receipts. The user acknowledges that the individual receipt will be made available to the user in his electronic mailbox on the manaxo platform for 5 years after access and will no longer be available after this period has expired.

3.4. Switching to analogue correspondence
The customer can instruct the licensee at any time to deliver the receipts exclusively in paper form. The user acknowledges that the receipts already delivered via the manaxo platform are deemed to have been delivered. Ordering additional receipts in paper form or electronically is subject to a fee. The licensee is entitled to invoice all services ordered by the user according to the amount of work involved.

3.5. Access blocking
The licensee is entitled to block the user's access to the manaxo platform without notice and without incurring costs if the user violates these general terms and conditions, if there is suspicion of misuse or if the security of the system is or could be at risk. To have the block lifted, the user can contact the licensee and must prove his identity. The licensee can take further measures to prevent misuse.

3.6. Involvement of third parties
The user expressly agrees that the licensee may involve third parties in the provision of its services and that user data may be passed on to the extent necessary to provide and improve the service. The third party may process the user data exclusively on behalf of and in accordance with the instructions of the licensee.

4. Intellectual property

The termination of the contract with the licensee simultaneously results in the loss of the right to use the user account and functions on the manaxo platform. The user hereby authorizes the licensee to delete or request the deletion of his user account on the manaxo platform.

Last updated: March 10, 2024