General terms and conditions

1. Scope

These terms apply to all contracts for m2 remote support between m2 development gmbh (“m2”) and its customers (“the customer”). The offer is exclusively for companies based in Switzerland, not for consumers. Differing terms of the customer only apply if m2 agrees to them in writing.

2. Conclusion of contract

The customer orders the licence in the team app of its instance. The contract is concluded as soon as the customer confirms there the code that m2 sends by e-mail.

3. Services

For the term of the contract, m2 provides the customer with the server software for operation on its own server, the team app and the customer app for its instance. Included are the customer’s own branding (logo, company name, colour and name of the downloaded file for the download page and the customer app), unattended access for 10 devices (clause 4), updates during the term and support by e-mail.

4. Licence, channels and devices

For the term of the contract, m2 grants the customer the non-exclusive and non-transferable right to use the software for its own instance. It may pass the customer app on to its customers for sessions with it. All other rights in the software remain with m2. The customer may not sell or rent the software or provide it to third parties for their own instances. It may not decompile, reverse engineer or modify the software, unless the law mandatorily permits this.

5. Term and renewal

The licence is granted as a subscription, either as an annual licence or as a monthly subscription. For the annual licence, the term is one year from the start of the contract and renews automatically for a further year at a time unless the contract is cancelled in time. For the monthly subscription, the term is one month and renews automatically for a further month at a time; there is no minimum term. In the team app, the customer can switch from the monthly subscription to the annual licence. The monthly subscription then ends at the end of the month, and the annual licence starts the following day. When the contract ends, the right to use the software ends.

6. Cancellation

Either party may cancel the annual licence at the end of the term, no later than 30 days before it expires. Cancellation is made by e-mail. The customer can cancel the monthly subscription at any time for the end of the current month, with the button in the team app. The right to terminate for good cause is reserved.

7. Prices and payment

The prices on m2remote.ch at the time of the order apply. All prices are in Swiss francs, excluding value added tax. For the annual licence, m2 issues a QR-bill when the contract is concluded and at each renewal, for one year in advance. It is payable within 30 days. For the monthly subscription, m2 issues a QR-bill monthly in advance. It is payable within 10 days. If it has not been paid after 10 days, the licence becomes invalid.

8. Trial period

On request, m2 issues the customer a free trial license for 7 days, once per server. It includes one channel and all features, including branding and unattended access for 10 devices. During the trial, the customer app and the download page show a “Trial version” note. The trial is free of obligation and ends automatically. It does not turn into a paid contract by itself. These terms apply to the trial licence, except for the rules on term, termination, prices and payment.

9. Support

m2 provides support by e-mail Monday to Friday, 8 am to 5 pm, except public holidays in the canton of Zug. m2 endeavours to answer requests within one working day.

10. Obligations of the customer

The customer operates the server under its own responsibility, keeps it up to date and backs up its master key. It only uses the service with the consent of the persons at the customer PCs. It only uses unattended access on devices released for it with the consent of the authorised person. It holds the necessary rights to the logos, names and colours used in its branding. It complies with applicable data protection law. If it uses the service with its own employees, in particular with unattended access, it is responsible for compliance with employment law, notably Art. 328b CO and Art. 26 ArGV 3 (no monitoring of behaviour). It informs the employees concerned in advance.

11. Warranty and liability

m2 warrants that during the term the software essentially works as described on m2remote.ch. The customer reports a defect by email with a reproducible description. m2 remedies it within a reasonable time by an update or a workaround. If this fails, the customer may terminate the contract without notice and receives a pro rata refund of fees paid for the remaining term. Further warranty claims are excluded to the extent permitted by law. m2 provides the free trial licence without warranty.

m2 is liable for damage that it or its auxiliaries cause intentionally or through gross negligence. Liability for slight negligence, including that of auxiliaries, is excluded to the extent permitted by law, in particular for indirect and consequential damage, loss of profit and loss of data. Mandatory statutory liability remains reserved. As the customer operates the server itself, m2 does not commit to any availability and is not liable for outages of the customer’s server, network or infrastructure.

12. Data protection

The privacy policy applies. If m2 provides support with access to personal data or maintains the customer’s server, the parties conclude a data processing agreement (DPA).

13. Changes

m2 may change these terms. m2 sends the new version to the customer by e-mail at least 60 days before it takes effect. For the annual licence, it applies from the next renewal; for the monthly subscription, from the month after it takes effect. If the customer does not agree, it may cancel as of that date. If it does not cancel, the new version is deemed accepted.

14. Final provisions

Swiss law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Place of jurisdiction is Baar. The German version prevails.