1. General Provisions

1.1 These Terms and Conditions ("T&Cs") of McomTech GmbH ("McomTech") apply to all offers and services provided by McomTech.

1.2 By registering with McomTech, customers ("users") accept these T&Cs and authorize McomTech to process certain data in accordance with the respective services. The registration includes entering into a Processing Agreement ("DPA").

1.3 These T&Cs apply to all offers and services of McomTech. Additional terms and conditions may apply to the use of specific modules. In case of conflicts, the respective additional terms take precedence.

2. Scope of Services

2.1 McomTech provides private individuals and businesses with "Software-as-a-Service" solutions for automating and electronically managing administrative and business-relevant processes related to WhatsApp orders and communication. Detailed descriptions of services and functionalities are available on McomTech’s website.

2.2 McomTech's services are chargeable. Additional services may be subscribed to separately, with applicable supplementary terms.

2.3 Users are granted a non-exclusive, chargeable right to use the chosen cloud-based services for the duration of the respective contract.

2.4 Usage rights are non-transferable and cannot be sublicensed.

2.5 McomTech reserves the right to engage third parties to deliver its services and customer support.

2.6 All rights to the software, trademarks, and methods related to McomTech’s offers and services remain with McomTech. Users are granted usage rights in accordance with these T&Cs.

3. Registration

3.1 Users must create an account to access McomTech's services. Registration allows for authentication, and additional identification steps may be required for certain applications.

3.2 Users must provide complete and truthful information during registration and maintain its accuracy. Any changes must be promptly communicated, and errors rectified immediately. By registering, users confirm their legal capacity or authorization to act with the consent of any applicable legal representatives. McomTech reserves the right to reject registration applications without stating reasons.

4. Product Restrictions

4.1 Prohibited Products (WhatsApp Catalog)
The sale of certain products through McomTech's WhatsApp catalog is prohibited. This includes, but is not limited to, adult products and services, alcohol, live animals, hazardous materials, prescription drugs, weapons, and other items that violate Facebook’s Commerce Policies. A detailed list of prohibited products can be found in the Facebook Commerce Policies.

4.2 General Sales via the System
Outside the WhatsApp catalog, McomTech permits the sale of all legally permissible products. It is the customer’s responsibility to ensure compliance with applicable legal requirements.

4.3 Catalog Size Limitations (WhatsApp Catalog)
Customers agree that WhatsApp catalogs are limited to a maximum of 30 products. Exceeding this limit may negatively impact the customer experience. McomTech reserves the right to provide optimization recommendations in such cases.

5. Fair Use Policy

5.1 The use of McomTech’s services is subject to a Fair Use Policy to ensure service quality and availability for all customers.

5.2 Each registered customer is limited to managing a maximum of 1,000 products on the platform. If a customer exceeds this limit, McomTech reserves the right to restrict further usage, charge additional fees, or pause services until an Enterprise Agreement is signed.

5.3 Platform usage is also limited to a maximum of 1,000 orders per month. Customers exceeding this limit must enter into an Enterprise Agreement to meet their extended requirements.

5.4 Repeated or serious violations of the Fair Use Policy may result in the termination of the contract without notice or the suspension of services.

5.5 Changes to the Fair Use Policy will be communicated to customers at least 30 days in advance. Customers may terminate their contracts at the end of the current usage period if they disagree with the changes.

6. Support

6.1 Users have access to customer support provided by McomTech.

7. Contract Conclusion

7.1 By activating the respective subscription, the user is bound to the contract.

7.2 The contract is subject to approval by McomTech. Any rejection will be communicated to the user within 10 business days after the order.

8. Contract Duration and Termination

8.1 The contract term begins upon the user's order as per Section 7.1, provided no rejection under Section 7.2 applies.

8.2 The contract is concluded for the usage period chosen at the time of ordering. It automatically renews for the same period unless terminated.

8.3 For monthly usage periods, the contract may be terminated at the end of any month.

8.4 Annual contracts may be terminated at the end of the contract year with 30 days' notice. Late termination will result in an automatic renewal for another year.

8.5 Termination must be communicated electronically or in writing.

9. Prices and Payment Terms

9.1 Service and subscription prices are determined based on the individual offer.

9.2 Payments are due at the start of the usage period.

9.3 Additional costs for data traffic may arise depending on the device used or the user's internet service provider, including for access from abroad.

9.4 McomTech reserves the right to adjust prices by notifying users by the next possible termination date. Reasons for such adjustments include technological progress, service development, or increased costs.

9.5 All prices are stated in CHF and exclude VAT unless explicitly stated otherwise. McomTech invoices are payable within 10 days of the invoice date. In case of late payment, a default interest of 5% per annum applies. Reminders for overdue payments will incur a fee of CHF 20 per reminder, in addition to other collection costs. Unpaid invoices may be assigned to a collection agency after a failed reminder.

9.6 If payment deadlines are not met, McomTech may, after one reminder, restrict or suspend services without further notice or terminate contracts without notice or compensation. Data access or unlocking may be conditional on settling outstanding amounts. Offsetting user claims against McomTech’s claims is excluded.

9.7 If third-party providers handle payment processing, their terms and conditions apply.

10. Data Protection

10.1 The handling of personal data is detailed in McomTech’s privacy policy, available on its website.

10.2 For processing content data that users provide, import, or generate during service use, a Data Processing Agreement is concluded as part of these T&Cs.

10.3 User Obligations and Sanctions
Users must ensure they only upload content for which they hold the necessary rights. Uploading content that violates legal or third-party rights, including intellectual property or competition laws, is prohibited. Additionally, content must not be racist, pornographic, or otherwise offensive.

10.4 If there are indications of illegal or contractual violations, McomTech may:

• Demand compliance with legal and contractual terms.

• Modify, restrict, or terminate services without notice or compensation.

• Temporarily block access to the application.

• Terminate the contract without notice or compensation.

• Claim damages and indemnity against third-party claims.
  McomTech may also immediately remove unlawful content without prior notice, with or without third-party notification.

10.5 If a user suspects or detects account misuse, they must immediately change their login credentials and notify McomTech.

10.6 Users must ensure their devices are updated with the necessary software. If there is a suspicion that login credentials have been compromised, users must promptly change their passwords.

10.7 Conversations conducted via the platform are stored for a maximum of 90 days by default. After this period, the data is automatically and irrevocably deleted. Extended data storage requires an Enterprise Agreement.

10.8 Changes to storage durations or data processing will be communicated at least 30 days in advance. Users may terminate their contracts at the end of the current usage period if they disagree with the changes.

11. Warranty and Liability

11.1 McomTech strives for high service availability but does not guarantee uninterrupted or error-free operation. McomTech is not liable for damages caused by force majeure or disruptions due to internet issues, unlawful interference, network overload, or intentional third-party actions.

11.2 No warranties or guarantees are provided for third-party services regarding availability, quality, operation, or support.

11.3 Users are fully responsible for securing access to their accounts and must keep their login credentials confidential. McomTech assumes no liability for user negligence.

11.4 McomTech is liable for damages caused by gross negligence or intentional misconduct. Liability for slight or moderate negligence, indirect damages, consequential damages, loss of profit, data loss, and third-party claims is excluded to the extent permitted by law.

11.5 Claims under product liability law and for personal injury remain unaffected.

12. Modifications and Discontinuation of Services

12.1 McomTech may modify service features or discontinue services entirely. Users will be informed of significant changes in advance and enabled to export their data.

12.2 If modifications result in significant disadvantages for the user, they may terminate the relevant service or the entire application with one month's notice.

12.3 McomTech may update these T&Cs at any time, with changes communicated appropriately and in advance. Users may terminate their accounts or paid features by the next possible termination date if they disagree with the updates.

13. Severability Clause

13.1 If any provision of these T&Cs or supplementary conditions is invalid, incomplete, or unlawful, or if its performance becomes impossible, the validity of the remaining provisions remains unaffected. The parties agree to replace such a provision with a valid one that closely reflects the original intent.

14. Jurisdiction and Governing Law

14.1 All disputes related to McomTech’s services are subject exclusively to Swiss law, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction is McomTech's registered office, subject to mandatory legal provisions on jurisdiction.