These Terms of Use apply to the platform at https://oneclick.services (hereinafter “Platform”), the website https://oneclickcloud.com and all associated websites linked to it (hereinafter “Websites”). By using the Platform and Websites, you consent to these Terms of Use.

oneclick reserves the right to amend these Terms of Use at any time with effect for the future, provided there is a factual reason for doing so and the amendment is not unreasonable for you. We will inform you in time about such amendments and will announce the date from which these amendments will be effective. Non-material amendments are deemed as accepted by you when you continue to use the Platform and Websites after the amendments have come into force. In case of material amendments to the Terms of Use, you will be informed at least 30 days prior to enactment. If you do not contradict the new Terms of Use in writing before they come into force, this will be considered your explicit approval of the amendments made. Relevant messages will be sent by oneclick to the email address provided in each account.

2. Intellectual Property

All content available on the Platform, such as text, graphics, code etc., is the intellectual property of oneclick or that of our partners. This content is protected by copyright, patent, trademark and design rights as well as 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 express and written consent, no part of the Platform or Websites and no content thereof may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication, distribution or other commercial purposes, whether in whole or in part. This does not apply to open source software components, which are not subject to any usage restrictions on the part of oneclick.

3. Use of the Platform and Websites 

Provided that you comply with these Terms of Use, oneclick grants you a personal, single, non-transferable, limited right to access and use the Platform at oneclick.services with various end devices.

You are not permitted to use functions such as deep links, page scraping, robot or spider services or other automatic devices, programmes, algorithms or methodologies, or similar or equivalent manual processes, to access, acquire, copy or monitor any portion of the Platform, or to reproduce or circumvent the navigational structure or presentation of the Platform in any way.

You are not permitted to attempt to gain unauthorised access to any part or feature of the Platform, or to any other systems or networks connected to the Platform, nor to any servers or any of the services offered by oneclick, by hacking, password mining or any other illegitimate means. 

You are not permitted to probe, scan or test the vulnerability of the Platform or any networks connected to the Platform, or to breach the security or authentication measures of the Platform or any networks connected to the Platform.

You may not reverse look-up, trace, use or publish information on any other users or visitors of the Platform, including any accounts not owned by you.

You will not take any action that imposes an excessive load on the infrastructure of the Platform. You will not use any devices, software or programmes that will interfere with the proper functioning of the Platform, any transactions carried out via the Platform, or the use of the Platform by another person.

4. Links to other Websites

Websites or the Platform at oneclick.services may contain links to other independent thirdparty websites. Such linked websites are not under the control of oneclick. oneclick is not responsible for the content of such linked websites, including any information contained therein. You must make your own independent judgement as to whether and how you use these linked websites.

5. Changes to the Offer

oneclick reserves the right to revise, amend, improve or discontinue in part or in full the Platform, the offered software applications and infrastructure for their provision, and to adjust applicable prices for all products or services. Already booked software applications and infrastructure can in such cases continue to be used until the end of the current booking period. If continued use is not possible due to technical or other reasons, the Customer will, upon request, receive a proportionate refund of any overpaid amounts.

The information provided on the Websites may be out of date. oneclick is not obliged to update the information on the Websites.

6. Maintenance Work

oneclick may carry out maintenance work, error corrections and other changes. Where reasonable and technically possible, planned maintenance work will be announced in advance. This may be associated with interruptions to the operation of or access to the Platform. oneclick limits unannounced operational interruptions to the minimum possible.

7. User Accounts, Passwords and Security

It is necessary to open a user account for the use of the Platform at oneclick.services. You are responsible for maintaining the confidentiality of your account information, including your username and password, as well as for all activities carried out under your account.

You will inform oneclick immediately of any unauthorised use of your user account and/or any breach of security that you become aware of.

You are not permitted to use the username, password or user account of another person without the express permission of the respective account owner.

Your user account is deemed inactive if you have not logged in and no other usagerelevant activity has occurred on the account for a period of twelve (12) consecutive months. oneclick is entitled to suspend an inactive user account. The suspension will be announced to you in advance with a notice period of thirty (30) days to the last registered email address. If a suspended account remains inactive, oneclick is entitled to delete the account and the associated data after a further three (3) months. Statutory retention periods remain unaffected. A further notification will be sent to you prior to final deletion. An account suspended due to inactivity may be reactivated at any time prior to deletion by logging in or performing another usage action. After deletion, restoration is not possible. The processing of personal data in connection with the suspension or deletion of inactive accounts is carried out in accordance with applicable data protection law and the Privacy Policy of oneclick. Data may be deleted or anonymised provided that no statutory retention periods prevent this. The classification of your account as inactive and the suspension or deletion of your account do not affect your existing contractual or statutory obligations (including any payment or cooperation obligations), unless expressly agreed otherwise.

8. Fair Use Policy

You may only use the Platform within the contractually agreed scope. This Fair Use Policy is designed to safeguard the performance and availability of the multi-tenant environment – in particular for streaming and real-time components that utilise network, storage or computing resources over extended periods.

You undertake to use the Platform within the typical usage patterns of comparable customers. The following types of use are prohibited:

a) continuous operation without a legitimate streaming application;
b) parallelisation or automation of streams that exceed the contractually agreed purpose of use.

The following thresholds serve as reference values for classification purposes:

a) Bandwidth: > 300% of average monthly utilisation;
b) Streaming calls: > 300% of the daily average.

These values serve as technical monitoring benchmarks and are not exhaustive; they may be supplemented in individual cases by further operationally required parameters.

oneclick is entitled to monitor Platform usage analytically. In the event of repeated exceedance of the reference values, the following escalation sequence applies:

a) a contact notice requesting that you adjust your usage behaviour within 30 working days;
b) a contact notice proposing that a suitable solution be found jointly within 30 working days.

If you fail to comply with a request to adjust your usage, or if an adjustment of usage behaviour is not possible and no suitable solution has been agreed between oneclick and you, oneclick reserves the right to take the following measures:

c) temporary throttling of functions (e.g. streaming rate) with reasonable prior notice of at least 2 working days;
d) temporary suspension of individual resources or Platform features with reasonable prior notice of at least 3 working days;
e) charging of additional usage costs for the repeated atypical usage, based on the agreed licence prices by means of a pro-rata conversion of the actual usage into additional licences corresponding to regular usage.

oneclick may adjust the definitions of “excessive use” in consultation with you within 60 working days.

In cases of proven abuse (e.g. DoS attacks, data exfiltration, circumvention attempts), oneclick may immediately block access by individual users, individual administrative units or the entire Platform in the event of repeated escalation, and will notify you simultaneously or promptly. A subsequent discussion regarding resumption of use will take place within 2 working days. 

9. Limitation of Liability and Disclaimer 

oneclick does not promise, express or implied, that the Platform, Websites or any content, services or features of the Platform or Websites will be error-free or uninterrupted, or that your use of the Platform or Websites will produce specific results. The Platform, Websites and their content are provided as available, without warranty of accuracy, noninfringement, merchantability or fitness for a particular purpose. All information provided on the Platform and Websites may be changed at any time without notice. oneclick cannot guarantee that all files or other data that you download from the Platform or Websites will be free of viruses, defects or destructive features. 

You confirm and agree that access to the Platform and 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 in relation to content, services or availability. For any damages arising therefrom, oneclick accepts no liability unless these were caused by unlawful intent or gross negligence, or unless mandatory statutory liability applies.

oneclick disclaims any liability for all acts, omissions and conduct of any third parties in connection with or related to your use of the Platform and Websites and/or any services. You assume full responsibility for your use of the Platform, Websites and all linked websites. If you are dissatisfied with the Platform, Websites or any content, you will cease to use the Platform, Websites or such content.

oneclick, its employees, officers, distribution companies, licensors and associated companies are not liable for loss of orders, opportunities, use, (projected) profits, contracts, revenue, savings, goodwill or any consequential damages arising from your use of the Platform or Websites. The same applies to the loss of data and content. This applies, to the extent permissible under applicable law, in particular to indirect damages or consequential damages, regardless of whether such damages arise in connection with the use of the Platform or Websites, their content and services, or the inability to use them. This also applies where you have been informed of the possibility of such damages occurring.

To the fullest extent permissible under applicable law, oneclick is not liable for indirect damages or losses that may be caused to you where we are unable to provide the content or services for any reason – including failure, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction, unauthorised access, unauthorised modification or use, or a force majeure event such as a natural disaster, war or terrorism. This disclaimer also applies where we foresaw or should have foreseen such losses or damages, or where you informed us of the possibility of such losses or damages.

If it is determined that oneclick is liable to you for any damage or loss arising out of or connected with your use of the Platform at oneclick.services, then oneclick’s total liability shall be limited to the lower of: (i) the total sum of a subscription or similar fee for all products, services and features of the Platform in the six months prior to the loss-causing event, or (ii) a maximum liability amount of CHF 500.00. Some jurisdictions do not allow such exclusions of liability, so this limitation may not apply to you.

Liability cases arising from unlawful intent or gross negligence, as well as further grounds for liability for which a limitation or exclusion of liability is impermissible under applicable mandatory law, remain reserved.

For third-party products that oneclick makes available as an intermediary, any liability of oneclick is excluded. In the event of damage, you must contact the respective manufacturer directly; their licence and business terms and conditions apply in addition.

10. Indemnification

You agree to indemnify and hold harmless oneclick, its associated companies, company bodies, employees and representatives from any claims, losses, liabilities, actions or expenses made against oneclick as a result of violations or infringements of these Terms of Use or your contractual obligations.

11. Violation of These Terms of Use

oneclick may terminate your access to the Platform and/or block or restrict your future access to the Platform if it is determined that you have violated or are violating these Terms of Use or other agreements or applicable guidelines, regulations or laws. We advise you that oneclick has taken technical security precautions to protect the Platform from unauthorised access, and that in the event of unauthorised access your access may be blocked. oneclick is not liable to you or any third party if the blocking of your access to the Platform is the result of a violation of these Terms of Use.

Where reasonable and without endangering security or operations, a block will be preceded by prior notice.

12. International Access

oneclick administers and operates the Platform at oneclick.services from Zurich, Switzerland. Although the Platform is accessible worldwide, not all features, products or services treated on the Platform, referenced, provided or offered via the Platform 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 any features, products or services made on the Platform are void where legally prohibited. If you access the Platform from outside Switzerland, such access is on your own initiative and you are solely responsible for complying with applicable local laws.

13. Unsolicited Ideas

oneclick or its employees do not accept or consider unsolicited ideas. This includes, for example, ideas for marketing campaigns, product names, new or improved products or technologies, processes or materials, as well as ideas regarding optimised operational management. Please do not submit unsolicited ideas, creative works, suggestions or other drafts to oneclick or its employees. The purpose of this provision is to prevent misunderstandings or disputes arising when the offer of oneclick shows similarity to a submitted idea. If you nonetheless submit an unsolicited idea to oneclick, your submission and its content automatically become the property of oneclick, without any compensation being due to you. oneclick may use and distribute your submission and its content for any purpose and in any manner. There is no obligation on the part of oneclick to review your submission or treat it confidentially. We nonetheless welcome feedback regarding our services, as we aim to continually optimise our product offering for our customers.

14. Applicable Law and Jurisdiction

These Terms of Use are subject to Swiss law and are to be interpreted accordingly. The courts at the registered office of oneclick are exclusively responsible for all disputes arising from or in connection with these Terms of Use, including all questions relating to the existence, validity or termination of the contractual relationship.

Notwithstanding the foregoing provisions, German law shall apply for users with registered office in Germany, and the place of jurisdiction shall be the user’s place of registered office. 

14. Severability Clause

Should individual provisions of these Terms of Use prove to be invalid or unenforceable, the validity of the remaining provisions shall not be affected. In such a case, the invalid or ineffective provision shall be replaced by a new regulation that corresponds with the intended economic purpose and applies from the start of the invalidity.