Terms of use
Software Service Q Plant Essential

1. Subject of the user agreement

1.1 The following agreement governs the terms of use of the software service for the Customer and Q Point.

2. Type an
d performance of the service/scope

2.2. The Customer receives a Software Service from the Essentials category and the scope of functions covered therein.

  • The Customer automatically receives all available updates necessary for operation of the service in accordance with the agreed functional scope. Q Point is not required to provide updates for the service, however.
  • Further developments/additional functionsThe Customer in particular has no claim to further developments with additional functions. The development of such may only be carried out by Q Point through prior commissioning by the Customer.

3. Rechte und Pflichten zur Datenverarbeitung, Datensicherung und Datenweitergabe

3.1. Kunde

  • The customer undertakes to keep all access data to the platform confidential. The transfer of access data to third parties is not permitted.
  • The customer is not entitled to reproduce the user documentation or parts thereof or to surrender it to third parties.
  • The customer is required to completely and truthfully provide Q Point all information related to the registration and/or activation of the account.
  • The Customer is liable for all of the content he provides and declares that he owns the rights necessary for said provision. The Customer shall indemnify and hold Q Point harmless for any infringement against this item.
  • The Customer undertakes to refrain from any actions that jeopardise the functionality or operation of the service. The Customer is prohibited in particular from actions that scan or test platform vulnerabilities, bypass platform security systems and access systems and that integrate malware into the platform.
  • For the purposes of the performance of the agreement, the Customer grants Q Point the right to reproduce the data to be stored by Q Point for the Customer, to the extent it is necessary for provision of the services due under this agreement. Q Point is also entitled to keep the data in a backup system or separate backup data centre. In order to eliminate disruptions, Q Point is, moreover, entitled to make changes to the data structure or data format. In doing so, Q Point shall ensure that the existing data may still be used by the Customer.

3.2. Q Point

  • Q Point has the right to set dates for adaptations and improvements to the platform itself. There is no requirement to publish improvements to the platform.
  • Q Point is not required to check the identity of users.
  • Q Point is entitled to block users and sub-users without stating any reasons.
  • Q Point is entitled to evaluate the Customer data processed to the extent it is necessary for the fulfilment of the agreement, particularly for billing purposes.

3.3. Contact

  • The customer agrees to be contacted by telephone and email by Q Point for the purposes of information and advertising concerning products and product developments as well as new products.
  • The customer may revoke this consent at any time by sending an email to info@q-point.com or by calling +41 62 916 90 00.

3.4. Data protection

  • All information concerning data protection is available to the User in our data protection and data protection declaration, which can be accessed at www.q-point.com.

4. Q Point copyrights, licences

4.1. Q Point grants the Customer the non-exclusive, non-transferable and non-sublicensable right to use the software service that is the subject of the contract for the duration of the contract.

4.2. Unless permitted by law, the Customer is prohibited in particular from

  • translating, editing, mixing or otherwise modifying the software; this shall also apply to the related documentation;
  • decompiling, imitating or reverse engineering the software;
  • reproducing the software or the documentation, unless it is necessary for use in accordance with the agreement; and
  • removing, changing or make unrecognisable any trademark, copyright or other notices of Q Point's property rights on the software.

5. Warranty, liability and compensation for damage

5.1. Q Point is not liable for the speed of the Service, loss of data or the accuracy of data. The Customer acknowledges that the content offered on the platform is provided by third parties and that Q Point does not verify the content or the identity of the customers. Furthermore, the liability of Q Point shall be excluded, unless the damage was caused by wilful intent or gross negligence. This shall not apply in the case of injury to the life or health of a person.

5.2. If a defect in the software leads solely to an insignificant reduction in its suitability for use in accordance with the agreement, the Customer shall have no claim against software defects under the agreement.

6. Concluding provisions

6.1. Swiss law shall apply exclusively to legal disputes arising from this agreement. The application of the UN Convention on Contracts for the International Sale of Goods and the reference provisions of the IPRG shall be excluded.

6.2. The agreed place of performance is the registered office of Q Point AG.

6.3. The competent court with jurisdiction at the registered office of Q Point AG is agreed as the exclusive place of jurisdiction for legal disputes arising from or relating to this agreement.

6.4. Each party is required to notify the other party in writing of any changes to its business address and/or delivery address for service. Prior to such notification, each party shall be entitled to submit notices and declarations of intent of any kind to the previously known business address/delivery address or fax number of the other party and these shall be deemed to have been duly delivered there.

6.5. Amendments and/or supplements to this agreement must be made in writing to be effective; written form is also required for any waiver of this formal requirement. Fax and email do not satisfy the written form requirement.

6.6. Should individual provisions of this agreement be or become void, unenforceable and/or invalid, this shall not result in nullity, unenforceability and/or invalidity of the agreement in its entirety. In this case, the parties shall undertake to agree on a provision which approximates in economic terms and replaces the void, unenforceable and/or invalid provision to the extent possible.

7. Responsible contact person of the customer

The Customer undertakes to name the relevant contact persons for commercial questions or for update and release planning in writing no later than 2 weeks after conclusion of the contract and to announce any changes to this in good time.