Terms and Conditions

1. Scope and contracting party

These General Terms and Conditions ("Terms") govern the use of the time tracking service Zytbox (zytbox.ch, the "Service"), operated by Your Ultimate Workspace by Marco Jucker, Eigerstrasse 2, 3007 Bern, Switzerland (the "Provider", "we" or "us"). By registering an account you accept these Terms. Conflicting or deviating terms of the customer apply only if we expressly agree to them in writing.

2. Description of the Service

Zytbox is cloud-based software for time tracking and for managing projects, tasks, teams and absences. The exact scope of features depends on the plan you choose. We continuously develop the Service and may add, change or discontinue individual features, provided the core benefit of the booked plan is not materially impaired.

3. Registration and legal capacity

A user account is required to use the Service. You are responsible for the accuracy of your information and for keeping your credentials confidential, and you must notify us without delay of any misuse of your account. A paid subscription requires legal capacity under Swiss law. Minors may only enter into a paid subscription with the consent of their legal representative, or if they pay for it out of their own means (earned income or assets made available to them within the meaning of Art. 321 and 323 of the Swiss Civil Code).

4. Plans, prices and payment

Zytbox is offered in several plans, including a free plan, the paid Starter and Pro plans (from CHF 9.90 per user per month) and an individual Enterprise plan. A subscription applies to one company. Paid plans are billed monthly or yearly in advance, depending on your choice. All prices are in Swiss francs (CHF). The Provider is not subject to value added tax, and no VAT is charged. Payment is processed through our payment provider Stripe; its terms for payment processing apply in addition.

5. Term, cancellation and refunds

Paid subscriptions renew automatically for the same period at the end of the chosen billing period unless cancelled beforehand. You may cancel your subscription at any time with effect from the end of the current billing period; access remains available until then. Amounts already paid are not refunded on a pro rata basis, to the extent permitted by law. You may delete your account at any time in your account settings.

6. User obligations

You undertake not to use the Service unlawfully or in a way that impairs the Service or other users. The following is prohibited in particular:

• violating applicable law or the rights of third parties
• accessing accounts or data that do not belong to you
• transmitting malware, spam or unlawful content
• decompiling, copying or reproducing the software without authorisation, unless permitted by law
• overloading or disrupting the technical infrastructure of the Service

7. Availability

We strive for the highest possible availability of the Service but do not owe uninterrupted access. We announce maintenance work in advance where possible. We are not liable for outages caused by circumstances beyond our control, in particular force majeure, disruptions at upstream suppliers or in telecommunication networks.

8. Intellectual property and customer data

All rights in the software, designs and content of Zytbox remain with the Provider. For the duration of the contract you receive a non-exclusive, non-transferable right to use the Service within the scope of the chosen plan. You retain all rights in the data you enter, in particular time entries, projects and content; we make no ownership claims to it and use it only to perform the contract.

9. Data protection

The processing of personal data is governed by our Privacy Policy, which forms an integral part of these Terms.

10. Warranty and liability

The Service is provided with due care. To the extent permitted by law, our liability is limited to intent and gross negligence; liability for slight negligence is excluded to the extent permitted. Liability for indirect damage, consequential damage, lost profits and data loss is excluded to the extent permitted by law. Where we are liable, liability per event is limited to the amounts you paid in the twelve months preceding the harmful event. Mandatory statutory liability, in particular for personal injury or under product liability law, remains reserved.

11. Changes to these Terms

We may amend these Terms, for example when the Service or the legal situation changes. We will inform you of material changes at least 14 days before they take effect, by email or through a notice in the app. If you continue to use the Service afterwards, the amended Terms are deemed accepted. Otherwise you may cancel the subscription with effect from the date the changes take effect.

12. Governing law and place of jurisdiction

The contractual relationship is governed exclusively by Swiss law, excluding its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction is, to the extent permitted by law, the registered office of the Provider in the Canton of Bern, Switzerland. Mandatory places of jurisdiction, in particular in favour of consumers, remain reserved.

13. Severability

Should individual provisions of these Terms be invalid or unenforceable, the validity of the remaining provisions is not affected. The invalid provision is replaced by a valid arrangement that comes closest to its economic purpose.