oneclick Platform of oneclick AG, CH-8008 Zurich (hereinafter “oneclick”)
1. Agreement with the Terms & Conditions
2. Intellectual Property
All content available on oneclick.services, such as text, graphics, code etc. are the intellectual property of oneclick or that of our partners. This content is protected by trade dress, copyright, patent and trademark laws, and other similar intellectual property rights and unfair competition laws. If rights are made available by a third party, then those rights are reserved for them.
As long as we have not given expressive and written agreement, no part of the website and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, another website or other medium for publication or distribution or other commercial enterprise. This does not apply to open source software components which are not subject to oneclick’s restrictions of use.
3. Website Use
You are not allowed to use functions such as deep links, page scrape, robot, spider or any other automatic devices, programmes, algorithms or methodologies or any similar or equivalent manual processes to access, acquire, copy or monitor any portion of the website or to reproduce or circumvent the navigational structure or presentation of the website.
You are not allowed to attempt to gain unauthorised access to any part or feature of the website, or to any other systems or networks connected to the website, nor to any servers or any of the services offered, by hacking, password mining or any other illegitimate means.
You are not permitted to probe, scan or test the vulnerability of the website or any networks connected to the website, or to breach the security or the authentication measures of the website or any of the networks connected to the website.
You may not reverse look-up, trace, use or publish information on any other users or visitors of the website, including all accounts not owned by you.
You will not take any action that imposes a disproportionately large load on the infrastructure of the website. You will not use any devices, software or programmes that will interfere with the proper working of the website, any of the transactions conducted via the website or the use of the website by another person.
When using the website, you will observe all current laws and regulations and not infringe the rights of oneclick and its associated organisations.
4. Links to other Websites
The website oneclick.services may contain links to other independent third party websites. These linked websites are not under oneclick’s control, and oneclick is not responsible for the content of such linked websites, including any information contained on such linked websites. You will need to make your own independent judgement if and how you will use these linked websites.
5. Changes to the Offer
oneclick reserves the right to revise, change, improve or discontinue in part or completely the website, the offered software applications and infrastructure for their supply, at any time, without notice, and to adjust applicable prices for all products or services. In such cases, already leased software applications and infrastructure can then continue to be used until the end of the current leasing period. If continued use is not possible due to technical or other reasons, then, on demand, the customer is reimbursed proportionately the overpaid amount.
The information provided on the website may be out of date. oneclick is not obliged to update the information on the website.
6. Maintenance Work
Without prior notice, oneclick may at any time perform maintenance work, error correction or other changes. This can interrupt the operation or access to the website. oneclick limits unannounced business interruptions to a minimum.
7. User Accounts, Passwords and Security
It is necessary to open a user account for the use of the services offered at oneclick.services. You are responsible for the confidentiality of the information you hold for your account, including your user name, password, as well as for any activity that occurs under your account.
You will inform oneclick immediately of any unauthorised use of your user account and/or any other breach of security that you become aware of.
You may not use, without the expressive permission of the individual account owner, the user name, password or user account of another person.
8. Limitation of Liability and Disclaimer
oneclick does not promise, express or implied, that the website or any content, services or features of the website will be error-free or uninterrupted, or that your use of the website will provide specific results. The website and its content are provided as available, without guaranteeing accuracy, non-infringement, merchantability and suitability for a specific purpose. All information provided on the website is subject to change without notice. oneclick cannot guarantee that all files or any other data that you download from the website will be free of viruses or contamination or destructive features.
You confirm and agree that the access to the websites, their content and services and/or their use is at your own risk and that oneclick is not liable for any errors or omissions relating to content, services or availability. oneclick disclaims any liability for all acts, omissions and conduct of any third parties in connection with or related to your use of the website and/or any services. You assume full responsibility for your use of the website and any linked websites. If you are dissatisfied with the website or any content, stop using the website or such content.
oneclick, their employees, directors, distribution companies, sales organisations, licensers, as well as associated organisations are not liable for the loss of orders, opportunities, usages, (projected) profit, contracts, income, savings, goodwill and any consequent damages, which result from the use of the website. The same applies to the loss of data and content. This applies regardless of whether in relation to direct, indirect or consequent damages and if these damages occur in connection with the use of the website, the content and services, or the impossibility of their use. This also implies in case you have been informed about the possibility of the occurrence of such damages.
Under applicable law to the fullest permittable extent, oneclick is not liable for direct, or indirect damages or losses that may be caused to you if we were unable, for any reason, to provide the content or services due to failure, error, omission, interruption, deletion, defect, delay in operation or transmission, also if this is based on a computer virus, communication line failure, theft or destruction, unauthorised access, unauthorised changes or usage, or an event of force majeure, such as natural catastrophe, war or terrorism. This disclaimer also applies if we were able to foresee the losses or damages incurred or should have foreseen them, and/or if you informed us about the possibility of the occurrence of such losses or damages.
Notwithstanding the preceding provisions, oneclick is liable for performing its services as contracted as well as for legally binding liabilities.
If oneclick is found liable to you for any damage or loss which arises out of or is in any way connected with your use of the oneclick.services website, then oneclick’s liability shall in no event exceed the amount of the total sum of a subscription or a similar fee with respect to all products, services and features of the website in the six months prior to the date of the initial claim made against oneclick. The maximum amount of liability is limited to €500.00. Some jurisdictions do not allow such exclusion of liability, so the foregoing limitation may not apply to you.
Any liability is excluded for products of third party providers, which oneclick makes available as an intermediary. In the event of damage you have to contact the respective provider directly and their licence conditions and business terms will apply.
11. International Access
oneclick administers and operates the website oneclick.services from Zurich, Switzerland. Even though the website is accessible worldwide, not all features, products or services treated on the website, referenced, provided or offered through or on the website are available to all persons or in all geographical locations, or appropriate or available for use outside Switzerland. oneclick reserves the right to limit the provision and quantity of any feature, product or service to any person or geographic area.
All offers for all features, products or services made on the website are void where legally prohibited. If you access the website from outside Switzerland, then this access is on your own initiative and you are solely responsible for complying with applicable local laws.
12. Unsolicited Ideas
oneclick or their employees do not accept unsolicited ideas. That includes for example ideas for marketing campaigns, product names, new or improved products or technologies, processes or materials as well as ideas regarding an optimised operational management. Please do not submit unsolicited ideas, creative work, suggestions or any other drafts to oneclick or their employees. The purpose of this term of use is to avoid that misunderstandings or disputes arise when the offer of oneclick shows similarity with a submitted idea. However, if you submit an unsolicited idea despite this to oneclick, then the transmission and its content becomes automatically the property of oneclick, without you receiving any compensation for this. oneclick may use and sell your transmission and its content for any purpose and in any way. There is no obligation on the part of oneclick, to check your transmission and to treat it confidentially. Nonetheless we look forward to your feedback with regards to our provided services as we would like to continuously optimise our product offer for our customers.
13. Applicable Law and Jurisdiction
Notwithstanding the above provisions German law shall by applied for Users with residence or registered office in Germany and jurisdiction shall be at the User’s residence or registered office.
14. Severability Clause
Appendix A – function “Load Balancing”
With the use of the “Load Balancing” function, you receive a personal and simple right to use the open source software “Windows Exporter” (hereinafter “Software”) of the Prometheus Monitoring Community, published under the MIT License (MIT). The Software is installed in an automated manner on resources running Microsoft Windows Server operating system in a destination pool of the oneclick™ Cloud Resource Manager for monitoring server utilization as a system service. The Software collects information about CPU and RAM utilization of target systems as well as the number of users logged on to target systems and transmits these values at defined intervals to a database separated for each division. No personal data as defined in Art. 4 (1) GDPR is collected by the Software.
In accordance with the MIT license, we refer in particular but not exclusively to the following conditions:
“Permission is hereby granted, free of charge, with the purchase of a copy of this software and associated documentation files, to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software. Copyright (c) 2016 Martin Lindhe.
The Software is provided “as is”, without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose and noninfringement. In no event shall the authors or copyright holders be liable for any claim, damages or other liability, whether in an action of contract, tort or otherwise, arising from, out of or in connection with the Software or the use or other dealings in the Software.”
oneclick does not promise, express or implied, that the Software or any content, services or features of the Software will be error-free or uninterrupted, or that your use of the Software will provide specific results.
You confirm and agree that the use of the Software is at your own risk and that oneclick is not liable for any errors or omissions relating to content, services or availability. oneclick disclaims any liability for all acts, omissions and conduct of any third parties in connection with or related to your use of the Software and/or any services. You assume full responsibility for your use of the Software and all connected components. If you are dissatisfied with the Software or any connected components, you accept this or stop using the Software and / or connected components.
oneclick, their employees, directors, distribution companies, sales organisations, licensers, as well as associated organisations are not liable for the loss of orders, opportunities, usages, (projected) profit, contracts, income, savings, goodwill and any consequent damages, which result from the use of the Software. The same applies to the loss of data and content. This applies regardless of whether in relation to direct, indirect or consequent damages and if these damages occur in connection with the use of the Software, the content and services, or the impossibility of their use. This also implies in case you have been informed about the possibility of the occurrence of such damages.