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Subject matter of the contract
These are the terms of service (TOS) of CashCtrl AG, Basel-Land («Provider»), for the use of the cloud software «CashCtrl» (also referred to as «Service» or «Application»). The following terms and conditions apply to all versions (FREE, PRO, Enterprise), unless otherwise specified. With the registration of a user account (hereinafter referred to as «Account»), the users agree to the TOS.
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License & Use
The users receive the technical possibility and authorization to access «CashCtrl» by means of an Internet connection. The users' data is stored on external servers of the provider and can only be accessed via login/password/API. The use of the application is only permitted for legal and natural persons. Users are not authorized to run the application on their own server or infrastructure.
Users are prohibited from using the service for unethical or illegal purposes, including but not limited to sending spam or mass mailings, uploading illegal material in any form, attempting to access the data of organizations for which they have not been authorized, and harassing individuals.
Furthermore, the users are generally prohibited from reselling the service «CashCtrl» to third parties, if there is no special agreement with the provider in this regard.
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Contract duration and termination
The duration of the contract depends on the chosen subscription. In principle, contracts expire at the end of the specified period and are not automatically extended. Cancellation is not necessary in principle.
FREE: Permanently free account with a duration of 1 year starting from the last login.
PRO: Paid account (prepaid) with a duration of either 6 months, 1 year or 2 years. After expiration of the period, the account does not renew automatically, but will continue only after renewed payment.
Enterprise: Paid account with individual period and scope, automatically extended. Can be terminated at any time before the end of the period.
PRO Demo: Non-binding, free demo period of 30 days for CashCtrl PRO with no obligation to purchase. CashCtrl PRO Demo can be activated in the account and it unlocks all PRO features (except sending email). After expiration of the demo period, you can either switch back to FREE (downgrade) or buy PRO without obligation to buy.
Downgrade from PRO/PRO Demo to FREE: When downgrading, all additionally invited users lose access to all organizations of this account. For the owner of this account all organizations will be deactivated except for the originally registered organization, because FREE can only manage 1 organization. Individual organizations can be decoupled upon request by the support team. Deactivated organizations will be irrevocably deleted after 60 days.
Orphaned accounts: FREE Accounts, in which hasn't been logged in for more than 1 year, are deleted after prior notification by e-mail. If a PRO account has expired and the owner does not downgrade the account, the account and the data contained therein will be irrevocably deleted 1 year after the expiration of the subscription and prior notification by e-mail. -
Right of withdrawal
Users have a 7-day right of withdrawal when purchasing and extending the PRO version, which can be exercised without stating reasons. You will be refunded the full amount for the current period. The PRO account will then be converted back to a FREE account. After 7 days, a full or partial refund of the fee is generally no longer granted.
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Users & organizations (tenants)
An account has a maximum number of users and organizations. The owner of the account always has access to all organizations and can individually create and invite additional users per organization. A user can have access to either one or multiple organizations (tenants) of the account.
FREE: Contains 1 organization (tenant) and 1 user. The account cannot be extended.
PRO: Contains at least 3 users and 2 organizations. More users and organizations can be purchased at any time.
Enterprise: Contains a contractually defined number of users and organizations.
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API User
In the PRO account it is possible to add so called API users ("Application Programming Interface") which can access and manipulate the data of an organization programmatically with an API key. Such a user occupies, just like a regular user, a paid user spot. However, in contrast to a regular user an API user has to be created per organization, i.e. an API user cannot access multiple organizations, just one.
It is prohibited to use the API with regular users, i.e. using a username and password. Instead, an explicit API user with an API key must be created. Only a natural person is allowed to log in with username and password via the CashCtrl login form. This login form cannot be used for automation purposes. We reserve the right to deactivate or delete user accounts that are in violation of this rule.
The requests of an API user are restricted using the Token Bucket method as follows:
At any time a maximum of 100 requests can be made consecutively (burst fire). When those requests are used up, each second 10 requests are replenished until 100 requests are available again (this means that after 10 seconds the maximum of 100 requests are available again). If more requests are made than available, the API user receives an error message "429 Too many requests". This can happen if more than 100 requests have been made consecutively initially (within a few seconds) or if more than 10 requests per second are made and the available 100 requests are slowly used up this way (faster than replenished).
Furthermore a maximum of 10'000 requests can be made per month. This quota is replenished on the beginning of each month. -
Employees
The payroll module is available exclusively for PRO and ENTERPRISE accounts and is not accessible for FREE accounts.
For payroll processing, an additional fee per employee is charged on top of the base price for each employee for whom a salary statement is generated during the current paid billing period. The fee is charged per employee, not per salary statement.
Both users with login access and employees without login access are considered employees. If an account includes three users in the base price, these also count as three employees. If additional users are purchased, the number of included employees increases accordingly (e.g. +5 users = +5 employees).
Difference between users and employees:
A user (with login) is automatically considered an employee (without login). However, an employee (without login) is not considered a user (with login).
If the account holder wants to generate salary statements for an employee and grant them access to the application, a user license must be purchased. If payroll processing is required without providing login access, an employee license is sufficient.
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Storage
A PRO account has at least 1 GB of storage quota. The storage quota applies to all organizations together, which are managed in one account. More storage can be purchased at any time.
The storage space is occupied by the storage size of the database, the uploaded files, as well as manually created backups by the users. A backup includes the size of the database and all uploaded files. Backups created automatically by the system are excluded from the calculation. For Enterprise accounts, the storage quota is contractually regulated.
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Versioning
The application is provided to users in the most current version. The functionality of the software will be continuously checked and expanded, and any software errors will be corrected within a reasonable time frame within the scope of technical possibilities. Access to older versions is not possible. The provider reserves the right to add new features, as well as to modify or remove existing ones.
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Security, Backups
The CashCtrl server is operated in an ISO 27001 certified data center and the data traffic is encrypted with SSL (256 bit). The servers are located exclusively in Switzerland.
User passwords are stored in encrypted form and cannot be viewed by third parties. If the password is entered incorrectly several times, the account will be locked for a short time before it is possible to log in again.
Backups are automatically created on days when users have logged into their account. For CashCtrl FREE up to 3 automatic backups are kept, for PRO 7 backups and for Enterprise 14 backups. PRO and Enterprise users can additionally create their own backups which can be restored but not downloaded.
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Privacy
CashCtrl respects the privacy of its users. Their data and managed organization are kept strictly confidential by the provider, not analyzed externally and not shared with third parties. More about this in the privacy statement.
When an organisation / database is deleted, a backup copy is kept and only permanently deleted after 30 days. Upon request, users can have the organization deleted immediately by the provider. -
Duties of the users
Users are responsible for keeping the password or login data secure and for protecting the account from unauthorized third-party access due to a loss of the login data. Users are obliged to protect their computers from viruses and to exercise caution when using the internet. In the case of a compromised computer, it cannot be ruled out that unauthorized third parties may gain access to the password.
It is strongly recommended to access the software only from your own or trusted computers, while for security reasons access from untested or publicly accessible computers (e.g. internet cafes, etc.) is not recommended. The e-mail address with which the user has registered must remain accessible during the period and must not be invalid. Otherwise, for example, no support can be provided, passwords reset or important information transmitted.
Users are prohibited from using the service for unethical or illegal purposes, including but not limited to sending spam or mass mailings, uploading illegal material in any form, attempting to access the data of organizations for which they have not been authorized, and harassing individuals. -
Warranty / Availability
We provide a warranty of two (2) years as required by Swiss and EU law. During this period, the provider guarantees that the software will function according to the specified documentation. We strive to make the software as available as possible. Nevertheless, downtimes may occur due to technical difficulties or maintenance work.
If errors occur in our software, we will endeavor to correct them within a reasonable time period by means of updates and adjustments. For any damage caused by long-term downtimes of the software, the liability provisions pursuant to Section 14 hereafter shall apply; for short-term downtimes (i.e. a few days), any liability shall be excluded. -
Support
Support is provided via e-mail or direct request from the application. Telephone support is not offered. The support explicitly refers only to technical questions and problems related to the software «CashCtrl», not to accounting issues. There are no mandatory response times for the support provider, but usually a response is provided within 1-3 business days.
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Liability
In case of defects, as well as non-availability of the software in the PRO or Enterprise version, the provider is liable for direct damage, provided that he is at fault intentionally or grossly negligent. In any case, the liability is limited to the single amount of the last paid annual fee. Liability for consequential damages is excluded to the extent permitted by law.
Proper bookkeeping is the sole responsibility of the user. The provider expressly disclaims any liability for defects in the bookkeeping. In case of defects of the software in the FREE version, the provider expressly disclaims any liability, including but not limited to: software errors, data loss or data theft by attackers (hackers, viruses, etc.). -
Changes to the TOS
These terms can be changed at any time by CashCtrl AG. Updates will be communicated to the user by e-mail. The use of the software «CashCtrl» after the changes is considered as agreement to the updated TOS.
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Law
The contract between the provider and the user is subject to Swiss law. The parties agree that Basel-Country in Switzerland shall be the exclusive place of jurisdiction, with the reservation of any mandatory jurisdiction.
Company address: CashCtrl AG, Pumpwerkstrasse 33, 4142 Münchenstein, Switzerland
