Terms of Service

2. Scope and Contract Formation

2.1 Scope

These General Terms and Conditions (GTC) apply to all services provided by Mazdek through the WhatsOrder platform (app.whatsorder.ch). By registering or using our services, you accept these Terms in their entirety.

2.2 Contract Formation (UCA-compliant)

The contract is formed through the following technical steps:

1. You create an account by clicking "Sign Up" and authenticating via Facebook OAuth
2. You review and accept these Terms of Service
3. You select a subscription plan (if applicable)
4. You receive a confirmation email with your account details
5. The contract is concluded upon your first login to the platform

2.3 Contract Storage

The contract text is stored on our servers. You can access these Terms at any time at https://mazdek.ch/terms-of-service. We recommend saving or printing a copy for your records.

3. Service Description

WhatsOrder is a Software-as-a-Service (SaaS) platform providing:

• Order Management: Receive and manage customer orders via WhatsApp
• Product Catalog: Create and synchronize product catalogs with WhatsApp Business
• Customer Communication: Chat with customers through WhatsApp Business API
• Analytics: View order statistics and business insights
• Multi-user Access: Team member accounts with role-based permissions

Service availability target: 99.5% uptime (excluding scheduled maintenance). Maintenance windows will be announced at least 48 hours in advance when possible.

4. Pricing and Payment

4.1 Prices

All prices are quoted in Swiss Francs (CHF) and include Swiss Value Added Tax (MWST) at the current rate of 8.1%. Current pricing is available at https://mazdek.ch/pricing.

4.2 Payment Terms

• Subscriptions are billed in advance (monthly or annually)
• Payment is processed through Stripe (credit card, TWINT where available)
• Invoices are issued electronically and available in your account
• Payment is due immediately upon invoice date

4.3 Price Changes

We reserve the right to modify prices. Price increases will be communicated at least 30 days before the next billing cycle. You may cancel your subscription before the new prices take effect.

4.4 Late Payment

In case of late payment, we may charge interest at the legal rate (currently 5% p.a. per OR Art. 104) and suspend access to the service until payment is received.

5. Subscription Terms

5.1 Subscription Period

• Monthly: 1 month minimum term, renews automatically
• Annual: 12 months minimum term, renews automatically

5.2 Cancellation

You may cancel your subscription at any time through your account settings or by contacting us. Cancellation takes effect at the end of the current billing period. No pro-rata refunds for partial periods.

5.3 Free Trial

If a free trial is offered, you will not be charged during the trial period. Your subscription will automatically convert to a paid plan unless cancelled before the trial ends.

7. User Obligations

7.1 Account Requirements

• You must be at least 18 years old or have legal capacity to enter contracts
• You must provide accurate and complete registration information
• You are responsible for maintaining the security of your account credentials
• You must notify us immediately of any unauthorized access

7.2 Acceptable Use

You agree not to:

• Use the Service for any illegal or fraudulent purpose
• Send spam, unsolicited messages, or violate WhatsApp policies
• Infringe on intellectual property rights of third parties
• Attempt to gain unauthorized access to our systems
• Interfere with the proper functioning of the Service
• Resell or redistribute the Service without authorization

8. Data Protection

We process personal data in accordance with our Privacy Policy, the Swiss Federal Act on Data Protection (FADP/DSG), and where applicable, the EU General Data Protection Regulation (GDPR).

When you use WhatsOrder to process customer data, you act as the data controller and we act as a data processor.

9. Intellectual Property

9.1 Our Rights

WhatsOrder, including its software, design, logos, and documentation, is owned by Mazdek and protected by Swiss and international intellectual property laws.

9.2 Your Rights

You retain ownership of all data you upload to WhatsOrder. By using our Service, you grant us a limited, non-exclusive license to process your data solely to provide the Service.

10. Limitation of Liability

10.1 Exclusions

To the maximum extent permitted by law, Mazdek shall not be liable for:

• Indirect, incidental, special, or consequential damages
• Loss of profits, revenue, or business opportunities
• Loss of data (beyond what is attributable to our fault)
• Damages arising from force majeure events
• Third-party services (WhatsApp, Stripe, etc.)

10.2 Liability Cap

Our total liability for all claims is limited to the amount you paid to us in the 12 months preceding the claim.

10.3 Non-excludable Liability (OR Art. 100)

Nothing in these Terms excludes or limits our liability for:

• Intentional misconduct (Vorsatz) or gross negligence (grobe Fahrlässigkeit)
• Personal injury or death caused by our negligence
• Fraud or fraudulent misrepresentation
• Any other liability that cannot be excluded under Swiss law

Note: Under Swiss Code of Obligations Article 100, liability for intentional misconduct or gross negligence cannot be contractually excluded.

11. Force Majeure

Neither party shall be liable for failure to perform obligations due to circumstances beyond its reasonable control, including but not limited to:

• Natural disasters, epidemics, or pandemics
• War, terrorism, or civil unrest
• Government actions or regulations
• Failure of third-party services (WhatsApp, hosting providers)
• Power outages or telecommunications failures
• Cyberattacks beyond reasonable security measures

The affected party must notify the other party promptly and take reasonable steps to mitigate the impact.

12. Termination

12.1 Termination by You

You may terminate your account at any time through your account settings. Your subscription will remain active until the end of the current billing period.

12.2 Termination by Us

We may suspend or terminate your account:

• Immediately for material breach of these Terms
• With 30 days notice for any other reason
• Immediately if required by law or WhatsApp's policies

12.3 Effects of Termination

Upon termination, you may export your data within 30 days. After this period, we will delete your data in accordance with our Privacy Policy (subject to legal retention requirements).

13. Amendments to Terms

We may update these Terms from time to time. Material changes will be communicated at least 30 days before they take effect via email and/or notification in the platform.

If you do not agree with the changes, you may terminate your account before the new Terms take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.

14. Dispute Resolution

14.1 Informal Resolution

Before initiating formal proceedings, we encourage you to contact us at [email protected] to resolve any disputes amicably.

14.2 Mediation (Optional)

Either party may propose mediation through a recognized Swiss mediation body before initiating court proceedings.

14.3 Jurisdiction

Any disputes arising from these Terms shall be resolved exclusively by the competent courts of Thurgau, Switzerland.

15. Governing Law

These Terms are governed by and construed in accordance with the laws of Switzerland, excluding its conflict of law provisions.

For consumers in the European Union, mandatory consumer protection laws of your country of residence may also apply.

16. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced with a valid provision that achieves the original intent as closely as possible.