Terms and Conditions

These General Terms and Conditions ("Terms") govern the use of the Octbase project management service ("Service") provided by Lars Frasseck, Renggerstrasse 49, 8038 Zürich, Switzerland ("we", "us"). They apply to business customers who order a Service subscription. By ordering the Service, the customer accepts these Terms.

1. Scope

These Terms apply to all contracts for the provision of a hosted Octbase instance between us and the customer, including any future contracts, unless amended by individual written agreement. They apply to business customers (companies and sole proprietors acting in a professional capacity) only. The free public demo at demo.ocete.ch is not a contractual service and is covered separately in section 3.

2. Conclusion of contract

A request submitted through the contact form or by email is a non-binding inquiry. A contract is formed when we confirm the order in writing (e.g. by email), stating the selected plan, price and billing interval. We provision the dedicated instance within a reasonable time after the contract is formed and, where applicable, after receipt of the first payment.

3. Free demo

The public demo instance at demo.ocete.ch may be used free of charge to evaluate the Service. It is provided "as is", without any availability or support commitment, is reset regularly, and must not be used to store real or personal data. No contract is formed by using the demo, and we may restrict or discontinue it at any time.

4. Description of the Service

The Service comprises a dedicated Octbase instance operated for the customer, providing the features described on ocete.ch (boards, backlog and sprint planning, project docs, Git integration, and related functionality) together with the underlying hosting infrastructure. We may enhance, adjust or update the Service over time; core functionality relevant to the agreed plan will not be materially reduced without reasonable prior notice.

5. Prices and payment

Prices are as agreed at the time of order, in Swiss francs (CHF), plus applicable taxes. Subscriptions are billed in advance, either monthly or annually depending on the selected billing interval. Invoices are payable within 30 days of the invoice date. Custom plans (e.g. for teams above 25 users) are priced individually and confirmed in writing before the contract is formed.

If a payment is overdue, we may send a reminder and, after a further 14 days without payment, suspend access to the instance until the outstanding amount is settled. Suspension does not release the customer from the obligation to pay.

6. Term and termination

Monthly subscriptions run for one month at a time and renew automatically unless cancelled with at least 5 days' notice before the end of the current billing period. Annual subscriptions run for twelve months and renew automatically for a further twelve months unless cancelled with at least 30 days' notice before the end of the term.

Either party may terminate the contract for cause with immediate effect, in particular in the event of a material breach of these Terms, non-payment despite a reminder, or unlawful use of the Service. Upon termination, the customer's data remains available for export for 30 days, after which it is deleted in accordance with our data retention practices.

7. Customer obligations

The customer is responsible for the accuracy of the account information it provides, for keeping login credentials confidential, and for the actions of the users it invites to its instance. The Service may only be used for lawful purposes; content uploaded by the customer's users must not infringe third-party rights or applicable law. The customer is responsible for maintaining its own backups of data it considers critical, in addition to the backups we perform.

8. Availability and support

We aim for high availability of the Service but do not guarantee an uninterrupted or error-free operation, unless a specific service level is agreed separately in writing. Planned maintenance is announced in advance where reasonably possible. Support is provided by email; response times depend on the selected plan and are handled on a best-effort basis.

9. Data protection

Personal data is processed in accordance with our privacy policy. Where we process personal data on the customer's behalf as part of operating its instance, the customer is the controller and we act as processor under a data processing agreement, available on request.

10. Intellectual property

All rights to the Octbase software, including its design and source code, remain with us or our licensors. The customer receives a non-exclusive, non-transferable right to use the Service for the term of the contract. The customer retains all rights to the content it creates within its instance (projects, tasks, comments, documents and attachments).

11. Liability

We are liable without limitation for damage caused intentionally or by gross negligence. For damage caused by slight negligence, our liability is limited to the fees paid by the customer for the Service in the twelve months preceding the event giving rise to the claim, and excludes indirect or consequential damage such as lost profit or lost data, to the extent permitted by law.

12. Changes to these Terms

We may amend these Terms with effect for existing contracts, giving at least 30 days' notice by email. If the customer does not agree with a material change, it may terminate the affected subscription for the end of the then-current billing period. Continued use of the Service after a change takes effect constitutes acceptance of the amended Terms.

13. Final provisions

These Terms are governed by Swiss law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction is Zürich, Switzerland, to the extent permitted by mandatory law. Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions is not affected.