General Terms and Conditions

General Terms and Conditions job.rocks AG

By filling out the registration form for ordering job.rocks on the homepage of job.rocks AG (the "Provider"), the ("Customer") unconditionally accepts the following General Terms and Conditions ("General Terms and Conditions" or "GTC"). Customers are the employers who use the job.rocks software.

The Provider reserves the right to amend these terms and conditions at any time. The amended terms and conditions shall enter into force upon publication on the website.

I. Software as a Service (SaaS) contract
1. the Provider provides SaaS services for its customers via the Internet in the field of business software.
2. is the subject of the contract:
1. the provision of the Provider's software for use via the Internet and 2. the storage of the Customer's data (data hosting)

II Software licensing
1. for the duration of this contract, the Provider shall provide the Customer with the software solution
job.rocks in the current version is available for use via the Internet for a fee.
available. For this purpose, the provider stores the software on a server that is accessible to the customer via the Internet.
2. the Provider shall continue to develop the software and improve it through continuous updates and upgrades. The current scope of functions can be found in the service description on the Provider's website (www.job.rocks).
3. the Provider shall continue to develop the software and improve it through continuous updates and upgrades. The current range of functions can be found in the service description on the Provider's website (www.job.rocks).

III. Rights of use to the software
1. 1 The Provider grants the Customer the non-exclusive and non-transferable right to use the "job.rocks" software as intended for the duration of the contract.
use.
2. the customer may neither reproduce nor edit the software unless this is expressly permitted in the current service description on the website. In particular, even temporary installation or storage of the software on data carriers (hard disks or similar) of the hardware used by the customer (excluding RAM) is prohibited.
3. the customer is not entitled to make this software available to third parties for use against payment or free of charge. The customer is expressly prohibited from making the software available to third parties in any form.
4. the customer undertakes to structure any contractual relationships with third parties in such a way that the free use of the software by third parties is effectively prevented. In addition to the "job.rocks" software, the customer has the option of using various
5. to order additional packages ("add-ons") from the provider. Such add-ons may in particular enable integration with third-party software. If access rights are required for the use of such an add-on, the customer agrees to the following
Ordering the add-on, you expressly agree to provide all necessary
Access rights. job.rocks assumes no responsibility for providers of these add-ons or other programs with which job.rocks exchanges or downloads data. (e.g. MS Excel, PDF).

IV. Data hosting
1. the Provider shall provide the Customer with a defined storage space on a server to store its data. If the storage space is not sufficient to store the data, the Provider shall inform the Customer in good time. Unless the customer subsequently orders additional storage space for a fee, data that exceeds the available storage space will no longer be stored.
2. the Provider shall ensure that the stored data can be retrieved via the Internet within the scope of the technical possibilities.
3. the customer is not entitled to transfer this storage space to a third party for use in part or in full, for a fee or free of charge.
4 The customer undertakes not to store any content on the storage space whose provision, publication and use violates applicable law or agreements with third parties.
5. the Provider is obliged to take suitable and reasonable precautions against data loss and to prevent unauthorized access by third parties to the Customer's data within the scope of technical possibilities. To this end, the Provider shall make regular backups, check the Customer's data for viruses and install firewalls.
6. the Customer shall in any case remain the sole owner of the data and may therefore demand that the Provider return some or all of the data during the term of the contract, without the Provider having a right of retention. The data shall be returned at the customer's discretion either by handing over data carriers or by sending them via a data network. The customer has no claim to the software suitable for the use/utilization of the data.
7. after termination of the contract, the customer is still entitled for one month (from
termination date) is entitled to demand the surrender of his data under the provisions of Clause 6 above. The Provider is not obliged to store the Customer's data beyond this period. Should a customer request the release of data after the expiry of the one-month period and if this data is still available at the Provider, the Provider shall release the data to the customer after payment of the costs actually incurred for this.

V. Support & customer service
1. the provider will answer customer inquiries (by e-mail or telephone) about the job.rocks software and other SaaS services within the business hours published on the website www.job.rocks as soon as possible after receipt of the respective question by telephone or in writing.

VI Impairment of accessibility
1. adjustments, changes and additions to the contractual SaaS services as well as measures that serve to identify and rectify malfunctions will only lead to a temporary interruption or impairment of accessibility if this is necessary for technical reasons.
2. the basic functions of the SaaS services are monitored on a daily basis. The maintenance of the
SaaS services are generally provided from Monday to Friday 08:00 - 19:00. For heavy
In the event of errors - the use of the SaaS services is no longer possible or is significantly restricted - maintenance is generally carried out within 2 hours of the customer becoming aware of or being notified of the error. The Provider shall notify the Customer of the maintenance work in good time and carry it out as quickly as possible.
3. job.rocks' planning view, the web portal for the customer's employees and the web portal for the customer's end customers can only be operated via a web browser. job.rocks is optimized for the Chrome browser, which is available free of charge. job.rocks cannot guarantee the correct display or execution of all functionalities on all available browsers or all available end devices (PCs, mobile devices). The customer acknowledges that the planning view is not suitable for use on tablets in particular.

VII Obligations of the customer
1. the customer is obliged to take suitable precautions to prevent unauthorized access to the software by third parties. To this end, the customer shall, where necessary, instruct its employees to comply with copyright law. In particular, the customer shall instruct its employees not to make any copies of the software or to pass on access data to third parties.
2. the customer is responsible for entering and maintaining the data and information required to use the SaaS services - notwithstanding the provider's obligation to back up data.
3. the customer is obliged to check his data and information for viruses or other harmful components before entering them and to use state-of-the-art virus protection programs for this purpose.
4. when using the SaaS Services for the first time, the Customer must generate a "User ID" and a password himself, which are required for further use of the SaaS Services. The customer is obliged to keep the "User ID" and password secret and not to make them accessible to third parties.
5. the customer must inform the provider immediately of any unauthorized use of "User ID" and
password or other attacks on security. In such cases
the provider will change the customer's "User ID" and password in agreement with the customer.
6. the customer shall take all measures that the provider deems necessary to maintain or improve the security of the data, software and network connections. For example, the user undertakes to change the password regularly, but at least every sixty (60) days.
7. the responsibility for the correct employment of its employees lies exclusively with the customer, in particular also for all employees managed or planned using the job.rocks software. All liability under labor law lies exclusively with the customer. In no case does a labor law relationship arise between the provider and the customer's employees.

VIII. Financial regulation
1. the customer undertakes to pay the fee (plus statutory VAT) to the provider for the provision of software and data hosting in accordance with the agreed scope of use. The corresponding days of use shall be credited immediately after receipt of payment.
2. if there is no more credit for days of use, the scope of services is automatically limited to the scope of free use.

IX. Warranty/Liability
1. the Provider warrants the functionality and operational readiness of the SaaS services in accordance with the provisions of these GTC.
2. the customer undertakes to indemnify the Provider against all claims of third parties based on the data stored by him and to reimburse the Provider for all costs incurred by the Provider due to possible infringements of rights. The provider is not liable for damages to third parties caused to the customer through the use of job.rocks.
3. the Provider is entitled to immediately block the storage space if there is reasonable suspicion that the stored data is illegal and/or infringes the rights of third parties. Reasonable suspicion of illegality and/or infringement
Infringement of rights occurs in particular when courts, authorities and/or other
third parties inform the Provider of this. The provider must inform the customer immediately of the removal and the reason for it. The block must be lifted as soon as the suspicion has been fully dispelled.
4. within the framework of the statutory provisions, the provider excludes any liability towards the customer (or any third party), in particular for the fulfillment of its contractual and non-contractual obligations and for the loss of data and loss of profit (including for negligence). This exclusion of liability also applies to damage caused directly or indirectly by the use of the "job.rocks" software.
5. in all cases, irrespective of the basis of liability, the mutual liability of the contracting parties shall be limited to the amount of the booked days of use in the last twelve months prior to the occurrence of the damage.

X. Term/termination/dissolution
1. the contractual relationship begins with the application and registration by the customer.
2. registrations and subscriptions are concluded for an indefinite period and can be deactivated by either party at the end of each month subject to one month's notice.
3. days of use already paid for will not be refunded if the account is deactivated and will expire.
4. form of termination: The termination must be sent to the e-mail address contact@job.rocks. Following the termination, job.rocks will send an e-mail with a confirmation link to the customer. Once this confirmation has been received, the customer account will be deactivated after the notice period has expired.
5. the parties reserve the right to terminate the contract immediately for good cause. Good cause for immediate termination of this contract shall be deemed to exist for the
providers in particular,
1. if the customer becomes bankrupt or the bankruptcy proceedings are discontinued due to a lack of assets;
2. if the customer has been inactive for 12 months.
3. if, when using the contractual services, the customer culpably
violates legal provisions or interferes with copyrights, industrial property rights or naming rights of third parties;
4. if the customer uses the marketed services for the purpose of promoting criminal, illegal and ethically questionable activities.

XI. Confidentiality
1. the Provider undertakes to keep confidential all confidential processes of which it becomes aware during the preparation, execution and fulfillment of this contract, in particular
business or trade secrets of the customer and not to disclose this information to outside third parties without the authorization of the customer. This applies to any unauthorized third parties, unless the disclosure of information is necessary for the proper fulfilment of the Provider's contractual obligations.
2. the Customer authorizes the Provider to name the Customer publicly as a reference and to use general information about the agreed contract in a suitable manner for marketing and sales purposes.

XII. Data protection
1. by accepting these GTC, the customer simultaneously agrees to the job.rocks data protection declaration (Annex 1), the order processing agreement (Annex 2) and the end user service conditions (Annex 3), each in the currently valid version. These are permanently available on the job.rocks homepage. The customer declares to be familiar with all three documents.

XIII Intellectual property rights
1. all intellectual property rights to the services, the job.rocks software, the website
and the documentation on the services remain the property of the provider.

XIV Communications
1. unless a stricter form is provided for in this agreement or by law, all notices shall be given in writing to the address given at the time of registration of the
customers or the addresses given on the provider's homepage. The
Transmission via e-mail satisfies the written form requirement in each case. Communications sent by the Provider to the e-mail address provided by the Customer during registration shall in any case be deemed to be written communication.
2. the contracting parties are obliged to notify the other contracting party of changes of address (including e-mail) without delay, otherwise notifications sent to the last address notified in writing shall be deemed to have been received with legal effect.

XV. severability clause
1. in the event that individual clauses of this agreement are invalid in whole or in part, any invalid provisions shall be reinterpreted, supplemented or replaced in such a way that the economic purpose pursued by the invalid provision is achieved. The same applies in the event that there are any loopholes in this agreement.

XVI Place of jurisdiction & choice of law
1. the parties agree that the law of the Swiss Confederation shall apply to all legal relationships arising from this contractual relationship, to the exclusion of the provisions of international private law (IPR) and the uniform UN Convention on Contracts for the International Sale of Goods (CiSG).
2 Zurich is agreed as the exclusive place of jurisdiction for all disputes arising in connection with the execution of this contractual relationship.

Zurich, 14.03.2024

job.rocks is an internet service from:

job.rocks AG

Hagenholzstrasse 81a

8050 Zurich

Switzerland

Appendix 1 Privacy policy

Annex 2 Data processing agreement

Appendix 3 End User Agreement