Terms of Service

A. Scope

(1) These Terms and Conditions (“Terms”) apply to the contractual relationship between Screver/Capptoo AG (“Screver/Capptoo”) and the customers of the services for the product Screver. The description of the Services can be found on www.screver.com. The Services include use over the internet and the provision of the Screver software, as well as the use of storage space in connection with the Services.

B. Changes to the Terms and New Services

(2) Upon registration and at the latest before using the Services, every customer must read and accept these Terms and the Privacy Policy. Otherwise, no contract is concluded between Screver/Capptoo and the customer.

(3) Screver/Capptoo is entitled to change or adjust these Terms at any time. Screver/Capptoo will inform customers reasonably in advance before new Terms take effect. If the customer does not accept the updated Terms, the subscription is deemed terminated and the contract will end in accordance with the provisions of clause (11).

(4) Unless expressly stated otherwise, any additional or future services that extend or improve the current Service – including the release of new tools or resources – are subject to the then-current version of these Terms.

(5) The customer’s own general terms and conditions do not apply to the contractual relationship between Screver/Capptoo and the customer.

C. Conclusion of the Contract

(6) The contractual relationship between Screver/Capptoo and a customer is concluded when the customer registers for the Service. By registering, the customer expressly declares that they have taken note of the content of these Terms and accept them.

(7) The contractual relationship between Screver/Capptoo and a customer that is a legal entity, which purchases a subscription for multiple users, comes into effect upon order confirmation by Screver/Capptoo. These Terms apply to all users under such a customer’s subscription. Such a customer may only subscribe to the Services for users who are in a direct employment relationship with the customer or in a direct contractual relationship with the customer. The customer is obliged to inform such users about these Terms and to require them to use the Services exclusively in accordance with these Terms.

D. Term and Termination

(8) For customers with multiple users, the contract term, renewal term, and termination notice period are as stated in Screver/Capptoo’s order confirmation.

(9) For single-user customers, the initial fixed contract term is the term selected by the user at the time of the first contract conclusion. After the initial term expires, the contract will automatically renew for the same duration under the conditions in effect at the time of renewal, unless agreed otherwise. If a user does not want the contract to renew automatically, they must indicate this accordingly and terminate the contract in writing at least 90 days before the end of the current term. Otherwise, the same provisions apply to all single-user customers as to other customers.

(10) For paid use of the Services, the contract becomes legally effective only upon timely payment of the applicable fees, and cannot be terminated early except as provided in clause (11) below. A free subscription can be terminated by either party at any time.

E. Extraordinary Termination and Suspension

(11) An extraordinary early termination of the contract for good cause remains reserved. Good cause for Screver/Capptoo to immediately terminate the contract without notice is, in particular but not limited to:

• the opening of bankruptcy or insolvency proceedings against the customer;
  
  
• the customer’s failure to pay agreed fees or charges;
  
  
• the violation by the customer or a user of laws or of copyrights, industrial property rights, or naming rights;
  
  
• the use of the Services to facilitate unlawful or contract-breaching activities;
  
  
• the failure to accept these Terms or any modified Terms pursuant to clause (3).
  
  

F. Effects of Termination

(12) Termination of this contractual relationship for any reason has, in particular, the following effects:

• Subscription fees already paid by the customer are forfeited and will not be refunded by Screver/Capptoo.
  
  
• Customer data may be deleted by Screver/Capptoo or its subcontractors, without any obligation of notice, at the earliest 30 days after termination of the contract and without further notification.
  
  

G. Services

(13) The Service is an online collaboration tool that allows the customer to communicate with other users via a web application or a mobile application. The Service may contain information, data, text, photos, videos, clips, written posts and comments, software, scripts, templates, graphics and interactive features that are generated, provided, or shared on or through the Service.

(14) The Service also enables the customer to manage their electronic data online in a data storage provided by Screver/Capptoo, and to share data with others if needed. Screver/Capptoo provides storage space on a server for customer data for an agreed period. The capacity and use of the storage space are determined by the chosen subscription type or by the contractual agreement.

(15) To ensure the smooth functioning of the subscribed services, Screver/Capptoo offers the following support services based on the chosen subscription type:

• Support via email at support@screver.com
  
  
• Telephone support at +41 44 911 50 00 during Screver/Capptoo’s normal business hours.
  
  

Support requests are answered during Screver/Capptoo’s normal business hours within four hours, and within twelve hours over weekends and on public holidays.

(16) Screver/Capptoo is entitled to engage subcontractors to deliver the Service.

(17) Screver/Capptoo offers customers additional paid services and coaching as available, which can be obtained online or under a separate agreement. In all cases, the offers, prices, and conditions valid at the time of booking apply.

H. Intellectual Property

(18) Screver/Capptoo retains exclusive and comprehensive ownership of all rights (in particular copyrights, administrative and marketing rights, domain rights, trademark and patent rights) and all know-how in its website and all content of the website, as well as in the Screver software used.

(19) The customer acknowledges all of Screver/Capptoo’s proprietary rights, in particular its copyrights to programs or software, software documentation, templates, and other deliverables.

(20) With respect to third-party intellectual property (especially third-party software licenses), the customer acknowledges the usage and license terms of those third parties; Screver/Capptoo will provide the relevant terms to the customer upon request.

I. Registration, Username and Password

(21) During registration, the customer chooses a username and password (or modifies the password automatically generated by the system). Registration is only permitted for users who are of legal age and legally competent. Login is achieved with the access credentials (username/password) created during registration.

(22) The customer is obligated to:

• provide truthful, accurate, current and complete information about themselves during registration, as prompted by the registration form;
  
  
• maintain and promptly update their registration data to keep it true, accurate, current and complete at all times. Screver/Capptoo has no obligation to verify such information.
  
  

J. Access

(23) The customer shall take reasonable precautions to prevent unauthorized access to the Services, in particular to protect the Services from unauthorized use. The customer must keep usernames and passwords confidential and protect them from unauthorized third parties.

(24) The customer acknowledges that Screver/Capptoo has no access to the password set by the customer. If the password is lost, Screver/Capptoo will assign the customer a temporary password.

(25) Screver/Capptoo takes measures to protect its application from unauthorized third-party interference. However, absolute protection cannot be guaranteed. Screver/Capptoo cannot be held liable for the consequences of unauthorized interference. Screver/Capptoo is not obligated to verify the identity information provided by users, nor to implement any copy-protection measures. Screver/Capptoo may consider any access with the correct login credentials (username/password) as an authorized access.

K. Permitted Use

(26) Upon conclusion of the contract (or, for paid Services, upon payment of the relevant subscription fee), Screver/Capptoo grants the customer a non-exclusive, non-transferable, time-limited right to use the Services in accordance with these Terms. This right of use expires automatically upon termination of the contractual relationship.

(27) The customer is entitled to use the Services, according to the chosen subscription, for a specified number of users, teams, “Finishers,” “Participants,” employees, products, locations, countries or similar units. The customer is entitled, during the subscription period, to view, modify, or delete the customer data they have uploaded.

L. Customer Obligations and Prohibited Use

(28) In using the Services, the customer agrees to comply with the law of Switzerland as well as the law of the customer’s country of residence (or domicile) and the law of the residence/domicile of any invited users. In particular, the customer agrees to upload only such data for which they have the necessary rights, and that do not violate Swiss law or any other applicable law, nor infringe the rights of third parties or Screver/Capptoo (including but not limited to personal rights or copyrights).

(29) The customer further ensures that the Services are used only for lawful purposes and not in any abusive manner. In particular, the customer is prohibited from uploading to the server, or referring to, any content that is illegal or violates public decency, including content that incites hatred, encourages criminal acts, glorifies or trivializes violence, is sexually offensive or pornographic, is likely to endanger the moral welfare of children or adolescents or impair their well-being, or that could damage Screver/Capptoo’s reputation. The customer further declares that they will not at any time upload any content that is unlawful, glorifies violence, or is pornographic.

(30) The customer also agrees to ensure that the data in their workspace contain no harmful programs that could damage Screver/Capptoo, other customers, or third parties. The customer shall check their data for viruses before using the Services and use state-of-the-art antivirus software. If the customer discovers unlawful content or other misuse of the Services, they will inform Screver/Capptoo immediately.

(31) Any use beyond the permitted use described in these Terms is not allowed. In particular, the customer is not permitted to:

• modify, adapt, translate, edit, arrange or otherwise alter the software, or reproduce the results of such modifications;
  
  
• disassemble, decompile, reverse-engineer, or apply any other procedure to obtain the source code, except to the extent such actions are necessary to achieve interoperability of an independently created computer program with other programs and Screver/Capptoo has not made the necessary information available within a reasonable time;
  
  
• remove or change any trademark, copyright or other proprietary notices from the software;
  
  
• lend, rent, lease or otherwise temporarily provide the software to unauthorized third parties.
  
  

(32) The customer acknowledges that in the event of misuse of the Services, Screver/Capptoo is entitled to terminate all contracts with the customer with immediate effect.

M. Payment of Subscription Fees and Default

(33) The subscription fee is due upon entering into a paid subscription and must be paid by the customer without delay for the initial contract term. Unless explicitly agreed otherwise, the customer must maintain a valid credit card on file for the duration of the contractual relationship or promptly pay the initial and subsequent invoices.

(34) The subscription fee for continued use beyond the initial term will be charged, or invoiced, in advance for each renewal period according to the chosen subscription plan.

(35) The usage fee remains due even if the services of Screver/Capptoo are not utilized by the customer.

(36) If the customer reverses the transaction with their credit card issuer or if a payment deadline for an invoice passes, the customer enters into default without any further reminder. If a timely charge of the subscription fee is not possible, access to the workspace will be blocked.

N. Subscription Fee Amount

(37) The amount of the subscription fee for paid subscriptions and the available subscription options are set forth in the respective offer. The subscriptions and prices defined in the offer at the time of concluding the contract (or at the time of renewal) are the ones applicable.

(38) The relevant details in the offer are an integral part of this contractual relationship.

O. Customer Liability and Indemnification

(39) Screver/Capptoo does not review the content and data submitted by customers for legality. The customer is solely responsible for the data they upload. Screver/Capptoo accordingly assumes no responsibility for the content of the uploaded data.

(40) Delivery of the Services is deemed to occur at the router exit of the data center where the server is located. The customer is responsible for the internet connection between the customer and the data center, and for the necessary hardware and software (e.g. PC, network connection, browser).

(41) The customer agrees to fully indemnify and hold Screver/Capptoo harmless from any and all liability for damages, claims (including third-party claims), demands, and costs, including reasonable attorney’s fees, that are asserted against Screver/Capptoo due to use of the Services by the customer and/or by users invited by the customer. Screver/Capptoo may, at its discretion, conduct such proceedings itself or require the customer to immediately assume control of and take over such proceedings and disputes, in which case the customer shall fully indemnify Screver/Capptoo.

P. Representations and Warranties of Screver/Capptoo

(42) The customer is aware that, given the wide range of application possibilities and the complexity of software, it may not be possible to provide software entirely free of errors in all cases. According to the current state of technology, complete error-free software cannot be guaranteed in general. Screver/Capptoo warrants to the customer the careful and contract-compliant provision of the agreed services.

(43) A warranty obligation of Screver/Capptoo exists only if deviations from published or contractually agreed specifications are found, and only if such deviations are reproducible and lead to a significant impairment of functionality.

Q. Warranty Disclaimer

(44) Screver/Capptoo’s warranty obligations are generally excluded in all cases of interventions by the customer in the source code, application scripts, data tables or their contents, as well as for any unauthorized changes to the facilities or configurations of the application.

(45) Screver/Capptoo cannot guarantee that the Service can be used continuously, uninterrupted, and error-free in all combinations desired by the customer, or that a particular level of availability will be achieved, nor that correcting one program error will preclude the occurrence of other program errors.

(46) Screver/Capptoo provides no warranty for the completeness, correctness, accuracy or timeliness of the texts, graphics, calculations, links or other information in the Screver software and/or the Services. Screver/Capptoo reserves the right to adjust the content of the website, the Screver software, and the Services at any time without prior notice.

(47) For third-party products (i.e. all hardware as well as third-party software that is sold by Screver/Capptoo separately or integrated into Screver/Capptoo’s own services), the warranty is governed exclusively by the provisions granted by the respective manufacturers, suppliers or licensors. This applies to the scope of performance, the warranty period, the conditions for asserting warranty claims, and all other customer rights. The customer’s warranty rights for third-party products vis-à-vis Screver/Capptoo consist solely of Screver/Capptoo asserting those rights against the manufacturer, supplier or licensor on the customer’s behalf. If the manufacturer, supplier or licensor does not voluntarily fulfill its warranty obligations, Screver/Capptoo will assign those warranty rights to the customer for legal enforcement.

R. Remedies and Notice of Defects

(48) In the event of a warranty claim, Screver/Capptoo is entitled to remedy the defect (including multiple attempts at remedy).

(49) If a defect cannot be eliminated, the customer is entitled to a price reduction in proportion to the diminished value compared to the agreed Service.

(50) The customer agrees to report any error or deviation of the agreed services immediately upon discovery. The report must be made promptly, with a detailed description of the error, and submitted in writing via email to support@screver.com. If the customer fails to make such a prompt report, they are deemed to have accepted the deviation or error.

S. Limitation of Liability

(51) Screver/Capptoo is liable only in cases of intent or gross negligence. Otherwise, liability is disclaimed to the extent permitted by law.

(52) Any further liability of Screver/Capptoo is excluded, in particular liability for indirect damages, consequential damages, lost profit, procurement costs for substitute goods or services, or damages caused by computer viruses or by disruptions and/or interruptions of internet connections.

(53) Screver/Capptoo assumes no liability for matters outside Screver/Capptoo’s control, such as reasons attributable to the customer, natural events, illnesses or accidents of key employees, labor conflicts, delayed or faulty delivery by third parties, or governmental measures.

(54) Insofar as Screver/Capptoo is liable for any reason, such liability is in all cases limited in amount to the proven damage, but at most to the contract value in the relevant calendar year.

T. Data Protection and Data Processing

(55) All parties undertake to comply with all applicable data protection laws and regulations. In this regard, we refer to Screver/Capptoo’s Privacy Policy.

(56) The customer can view the current version of Screver/Capptoo’s data protection provisions on the Screver/Capptoo website – at www.capptoo.com or **www.screver.com**:contentReference[oaicite:96]{index=96}.

(57) Screver/Capptoo is entitled to name the contracting party as a customer of Screver/Capptoo (or Screver) and to publicly disclose the nature of the cooperation for marketing and sales purposes.

(58) Screver/Capptoo is free to engage subcontractors in the provision of the Services. If a subcontractor is engaged, Screver/Capptoo remains available to the customer as the point of contact. The parties agree that any personal data of the customer or the customer’s partners (“Customer Data”) that are transmitted to Screver/Capptoo or its subcontractors in the course of using the Services will be collected, processed and used by Screver/Capptoo or its subcontractors exclusively as a data processor on behalf of the customer. The customer remains, in relation to Screver/Capptoo, the sole responsible party (data controller) within the meaning of data protection law, and is responsible for the lawfulness of the collection, processing and use of Customer Data in accordance with applicable laws. The customer must ensure that they are authorized to engage Screver/Capptoo and to transmit the Customer Data for these purposes.

(59) The parties further agree that Screver/Capptoo is entitled to use the data provided to it under the contract for its own internal purposes – in particular for statistical analyses and for quality assurance and further development of the Services – insofar as this is customarily required for performance of the contract. The customer will take any measures required for this purpose, including providing appropriate information to, and obtaining any necessary consent from, its own contracting partners.

(60) Screver/Capptoo will assist the customer in regard to the customer’s obligations under the applicable data protection law (for example, Articles 32 to 36 of the EU General Data Protection Regulation (GDPR) or the corresponding provisions of Swiss data protection law). Screver/Capptoo will promptly inform the customer of any personal data breach within Screver/Capptoo’s area of responsibility. Screver/Capptoo is entitled to charge the customer for any costs and expenses arising from the provision of such assistance or notifications.

(61) The customer acknowledges that Screver/Capptoo and its subcontractors are authorized and obliged to delete the Customer Data after termination of the contract or termination of the respective subscription.

U. Final Provisions

(62) The customer’s right to withhold payments or to offset claims against Screver/Capptoo that have not been acknowledged by Screver/Capptoo is excluded.

(63) For the purposes of this contractual relationship, the requirement of written form for communications is also deemed fulfilled by an email or a notification in the customer’s account.

(64) Should one or more provisions of this contract be or become void or invalid, the remaining provisions of the contract are not affected. In the event of nullity or invalidity of a clause, it shall be replaced by a provision that comes closest to the economic purpose of the invalid clause.

(65) In the event of any inconsistencies or questions of interpretation between the German and English versions of these Terms, the German version shall prevail.

(66) The contractual relationship between the customer and Screver/Capptoo is governed by the substantive law of Switzerland, to the exclusion of its conflict-of-law rules and international treaties.

(67) For all disputes arising in connection with Screver/Capptoo’s provision of services to the customer, the courts at the seat of Screver/Capptoo have jurisdiction (currently 8808 Pfäffikon SZ, Switzerland). Screver/Capptoo is also entitled to bring an action at the competent court of the customer’s domicile; mandatory statutory jurisdictions remain unaffected.