Terms of Service

1. Scope and Applicability

1.1 These General Terms and Conditions ("ToS") govern the relationship between the Software Provider (hereinafter "Provider") and natural or legal persons with business relations to the Provider, hereinafter "Customer," individually referred to as a "Party" and collectively as the "Parties."

1.2 These ToS are an integral part of the contract entered into between the Parties. The general terms and conditions of the Customer or third parties are explicitly excluded. The current version of the ToS can be accessed at https://rollouter.com/terms.

1.3 If the contract and the ToS contain conflicting provisions, the specific provisions of the contract generally prevail. However, if the contract provisions are unclear or incomplete, the ToS provisions apply.

1.4 By completing the registration and ordering a user account on the Provider's website, the Customer unconditionally accepts the ToS.

1.5 The Provider reserves the right to change these ToS at any time. These changes become part of the contract unless the Customer objects within 14 days of being informed.

2. Offer and Contract

2.1 The Provider offers a web-based change management software for IT rollouts ("Software") as a "Software as a Service / SaaS" on the website https://app.rollouter.cloud.

2.2 The Customer can test the Software with a Freeplan for an unlimited period free of charge. The Freeplan allows a technician to use the Software for a limited number of clients, with each customer device considered a client.

2.3 The Provider offers a "Professional Project" and an "Enterprise Project." The Customer can choose between the two paid services, confirming their choice in their user account.

2.4 A contract is formed when the Customer confirms their choice in their user account and receives confirmation from the Provider.

3. Payment Terms

3.1 The service is prepaid based on the chosen project before the Customer gains access for the desired number of clients.

3.2 The Customer can pay by credit card. If they wish to pay by invoice, they must send a request to the Provider via email.

3.3 If the Provider discontinues the service, they will inform the Customer in advance and refund prepaid amounts on a pro-rata basis.

4. Warranty

4.1 The Provider aims to provide its services, to the extent possible and economically feasible, 24/7 without disruptions.

4.2 The Provider commits to maintaining its systems and services at a reasonable, up-to-date technical standard for security.

4.3 The Provider undertakes maintenance, expansion of services, and introduction of new hardware and software preferably outside regular business hours. Customers are informed about foreseeable interruptions as soon as possible.

4.4 In the case of unforeseeable interruptions, the Provider informs customers as quickly as possible and commits to resolving the issue as soon as possible within their capabilities.

5. Confidentiality

5.1 All parties treat confidential information, not generally known or accessible, especially information about know-how and program design, as confidential. When in doubt, information is treated as confidential.

5.2 The duty of confidentiality exists before the conclusion of the contract and continues beyond the termination of the contract until the relevant data is published.

5.3 The Customer can irrevocably delete stored data at any time. The Provider is not responsible for securing deleted data.

5.4 The Provider commits not to grant its employees, consultants, or third parties insight into the Customer's non-public data. If necessary for technical reasons, strict confidentiality is also required in such cases. This obligation applies even if the Provider engages third-party companies with the Customer's permission to fulfill the contract. If applicable, the Provider and its subcontractors are subject to the relevant professional secrecy of the Customer and applicable data protection regulations.

6. Support

6.1 The Provider assists customers with technical questions, installation, and application issues after opening a user account.

6.2 Troubleshooting for issues attributable to the Provider and related advice are free of charge for customers.

6.3 The Provider publishes answers to common support queries on its website under the "Frequently Asked Questions" section. Special support agreements can be made with customers upon request.

7. Rights and Obligations of the Customer

7.1 The Customer must provide complete and truthful data necessary for contract processing and promptly notify changes.

7.2 The Customer must use the Provider's services only within the contractually agreed scope.

7.3 The Customer undertakes all actions reasonably expected to prevent the Provider's services from being used for illegal purposes, that customer data is of illegal content, or that the Provider's services or software may restrict or damage.

7.4 The Customer is responsible for securing their own systems to prevent them from becoming a source of danger to the Provider or third parties and to avoid compromising the security, integrity, or availability of the infrastructure used by the Provider for its services. The Provider can block services entirely or partially if the customer's systems compromise the security, integrity, or availability of the infrastructure.

7.5 It is the Customer's responsibility to create backups of their data. The search for lost data is billed based on effort, either at an agreed-upon rate or, if not agreed upon, at a customary industry rate.

7.6 The Customer is responsible for ensuring that their chosen identifiers such as domains and email addresses do not violate the rights of third parties.

7.7 The Customer agrees to change passwords regularly, manage passwords and other access data carefully, and keep them confidential.

7.8 The Customer must inform the Provider immediately if they become aware that unauthorized third parties know the password. Upon such notification, the Provider agrees to block access to the data of the affected customer until other passwords and access data are installed.

7.9 If the Customer fails to inform the Provider about the misuse of their passwords, they are obliged to pay for services obtained without authorization according to the contract.

8. Intellectual Property Rights and License

8.1 The Provider grants the Customer an exclusive, non-transferable, and non-licensable right to use the specified Software and the associated user documentation for the duration of the contract. The Software is provided over the internet (Software as a Service - SaaS). The Customer undertakes to use the Software exclusively as contractually agreed and neither disclose it to third parties nor make it accessible to third parties in any way. The Customer is not entitled to reverse engineer, decompile, disassemble, reproduce, or use any part of the Software to create a separate application.

8.2 For third-party software and intellectual property rights, the general terms and conditions, as well as license conditions issued by these third parties, apply. The Provider explicitly excludes any warranty for third-party software.

9. Liability Provisions

9.1 The Provider delivers its services according to recognized standards and endeavors to provide them to the best of its ability.

9.2 The Provider is liable without limitation for directly caused damages intentionally or grossly negligently. Liability for damages directly caused by slight negligence or for indirect or consequential damages, such as lost profits or damages from data loss, is entirely excluded.

9.3 Liability for force majeure (fire, water, power outages, earthquakes, strikes, war, etc.) is excluded. If a state of force majeure lasts more than four weeks, the Provider is entitled to terminate the contract without further notice. Any additional expenses are invoiced according to the then-applicable prices.

9.4 The Provider's liability for third-party software or usage rights is entirely excluded.

9.5 The Customer is fully responsible for the correct implementation of the projects. The Provider assumes no responsibility in this regard.

9.6 Unless expressly agreed otherwise, the Customer is responsible for their data backup. The Provider accepts no liability if a customer violates their data protection and confidentiality obligations towards third parties or third-party companies.

9.7 To the extent permitted by law, the Provider assumes no liability if a customer violates their data protection and confidentiality obligations towards third parties or third-party companies.

9.8 The Customer undertakes to fully indemnify and hold the Provider harmless without limitation and protect and compensate for any legal remedies by third parties arising when the Customer violates these ToS.

10. Final Provisions

10.1 If individual provisions are or become ineffective or invalid, the validity and effectiveness of the remaining provisions remain unaffected. In such a case, the invalid provision is to be interpreted or supplemented in such a way that the intended purpose of the provision is achieved as far as possible.

10.2 Swiss substantive law applies, excluding the provisions of the CISG ("Vienna Sales Law" / "UN Sales Law") and the conflict-of-law rules of Swiss International Private Law (IPRG). The place of jurisdiction is the domicile of the Provider.

Last updated: January 2024