Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Netgen Switzerland AG ("Company", "we", "us", or "our"), located at Seestrasse 356, 8038 Zürich, Switzerland, regarding your access to and use of the N.Cockpit platform ("Platform" or "Service").

By accessing or using our Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Platform.

2. Platform Description

N.Cockpit is an internal business tool operated exclusively by Netgen Switzerland AG for:

• Managing internal projects and resources
• Tracking time entries and work allocations
• Monitoring project profitability and financial forecasting
• Facilitating collaboration between employees, contractors, and clients

This Platform is not a public service and is not available for general commercial use. Access is limited to authorized employees, contractors, and clients of Netgen Switzerland AG.

3. Eligibility and Access

3.1 Authorization

Access to N.Cockpit is granted only to:

• Employees of Netgen Switzerland AG
• Contractors engaged by Netgen Switzerland AG
• Authorized clients for project collaboration

3.2 Account Registration

To use the Platform, you must:

• Register an account with accurate and complete information
• Be approved by a Company administrator
• Maintain the confidentiality of your account credentials
• Immediately notify us of any unauthorized access to your account

4. Acceptable Use

4.1 Permitted Use

You may use the Platform only for legitimate business purposes related to your role with Netgen Switzerland AG and in compliance with all applicable laws and regulations.

4.2 Prohibited Conduct

You agree not to:

• Share your account credentials with unauthorized individuals
• Attempt to access accounts or data belonging to other users without authorization
• Use the Platform for any illegal or unauthorized purpose
• Interfere with or disrupt the Platform's security features or infrastructure
• Upload malicious code, viruses, or other harmful materials
• Extract or scrape data from the Platform for unauthorized purposes
• Reverse engineer, decompile, or disassemble any part of the Platform
• Use automated systems or software to extract data without authorization

5. Intellectual Property

5.1 Platform Ownership

The Platform, including its design, features, code, and content (excluding user-submitted data), is the exclusive property of Netgen Switzerland AG. All rights not expressly granted are reserved.

5.2 User Data

You retain ownership of any data you submit to the Platform. By using the Platform, you grant us a license to use, store, and process your data solely for the purpose of providing and improving the Service.

5.3 Feedback

Any feedback, suggestions, or ideas you provide regarding the Platform may be used by us without any obligation to compensate you.

6. Confidentiality

You acknowledge that through your use of the Platform, you may have access to confidential business information belonging to Netgen Switzerland AG, its clients, or other users. You agree to:

• Maintain the confidentiality of all such information
• Use confidential information only for authorized business purposes
• Not disclose confidential information to unauthorized third parties
• Return or destroy confidential information upon termination of your access

7. Data Protection

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you consent to our data practices as described in the Privacy Policy.

8. Third-Party Integrations

The Platform may integrate with third-party services (such as JIRA, Tempo, Bexio, and Google). Your use of these integrations is subject to the respective third-party terms and policies. We are not responsible for the availability, accuracy, or practices of third-party services.

9. Service Availability

9.1 Availability

We strive to maintain Platform availability but do not guarantee uninterrupted access. The Platform may be temporarily unavailable due to maintenance, updates, or technical issues.

9.2 Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Platform at any time without prior notice. We will make reasonable efforts to notify users of significant changes.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
• NETGEN SWITZERLAND AG SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM.
• OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU (IF ANY) FOR ACCESS TO THE PLATFORM IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless Netgen Switzerland AG and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or related to:

• Your violation of these Terms
• Your violation of any applicable law or regulation
• Your violation of any third-party rights
• Your misuse of the Platform

12. Termination

12.1 By the Company

We may suspend or terminate your access to the Platform at any time, with or without cause, including but not limited to:

• Violation of these Terms
• End of your employment or contractor relationship
• Security concerns
• Legal or regulatory requirements

12.2 Effect of Termination

Upon termination, your right to access the Platform will immediately cease. Provisions that by their nature should survive termination (such as confidentiality, intellectual property, and limitation of liability) shall continue in effect.

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms or the Platform shall be subject to the exclusive jurisdiction of the courts of Zürich, Switzerland.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of the Platform after changes constitute acceptance of the modified Terms.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

16. Entire Agreement

These Terms, together with the Privacy Policy and any other agreements incorporated by reference, constitute the entire agreement between you and Netgen Switzerland AG regarding your use of the Platform.

17. Contact Information

For questions about these Terms, please contact:

Netgen Switzerland AG
Seestrasse 356
8038 Zürich
Switzerland
Email: legal@netgen.host
Website: netgen.io/ch