General terms and conditions

These general terms and conditions (Terms) apply to all contracts for Movena Suite between Movena GmbH, Fassbindstrasse 10, 4310 Rheinfelden, Switzerland, UID CHE-398.291.006 (Movena), and the organisation that orders the Suite (Customer). They apply to the free trial and to the subscription.

The offer is aimed at companies, self-employed persons, associations and public authorities for their professional or commercial activities. It is not aimed at consumers.

In addition to these Terms, the contract includes the order confirmation and the data processing agreement (DPA). How Movena processes personal data for its own purposes, for example for the customer account and billing, is set out in the privacy policy. The Customer’s general terms and conditions do not apply, even if Movena does not expressly object to them.

The Customer orders the free trial using the form on movena-suite.com in four steps: organisation, scope, address with location, and confirmation. By submitting the form, the Customer makes a binding offer. The contract is concluded when Movena confirms the order by e-mail.

Movena may reject an order without giving reasons, in particular if the information provided is incomplete or obviously false or if misuse is suspected. There is one free trial per organisation.

The chosen address (for example meier.movena-suite.com) must not infringe the rights of third parties or be misleading. Movena may reject such an address or change it after consulting the Customer. Address and location belong to the workspace; a later change is a migration that the parties plan together.

The person who submits the order on behalf of the Customer confirms that they are authorised to do so.

Movena provides the Customer with Movena Suite as a workspace of its own at the chosen location, Switzerland or EU (Germany). This includes the operation, maintenance, updating, storage and backup of the applications, as well as sign-in via a shared login.

The scope is set out in the order confirmation: the core modules (Work Hub, accounting with ERPNext, support and internal messages), any add-on packages and the storage quota. The descriptions on movena-suite.com reflect the status at the time the contract is concluded.

The Suite is the common entry point and connects proven business applications, for example ERPNext, HRMS, Frappe Drive, Paperless and OpenProject. Movena operates these applications for the Customer; the data remains in the respective business application.

Movena does not operate e-mail mailboxes. The Customer connects its existing mailbox and remains the contractual partner of its provider for it.

Movena continuously develops the Suite. It may change, replace or discontinue features, provided that the agreed core functions are not significantly restricted. Movena announces significant restrictions at least 30 days in advance; the Customer may then terminate with effect from the date of the change.

• Price: The free trial costs 0 CHF. No payment details are required.
• Duration: 60 days from the time the workspace is accessible, not from the submission of the form.
• Scope: Core modules, at most one add-on package and 10 GiB of storage for the entire organisation. Calls to landlines and mobile phones as well as SMS are not included.
• Notice: No later than seven days before the end, the Customer receives a notice by e-mail.
• End: The free trial ends automatically after 60 days. No notice of termination is required, and no costs arise.
• Afterwards: Movena suspends access. The data is retained for 30 days; during this time the Customer can export it or switch to the subscription. Movena then deletes the workspace in accordance with clause 14 of the DPA.

The free trial is intended for trying out the Suite. There is no guaranteed availability and there are no agreed response times. Movena recommends not processing any data in the free trial that exists only in the Suite.

The Customer switches to the subscription by expressly confirming it during the free trial or within the 30 days thereafter. The subscription begins with Movena’s confirmation. The Customer continues to work in the same workspace with the same data.

Scope, storage, booked packages and price are set out in the order confirmation. The Customer can book further packages and outbound calls later.

The subscription runs for an indefinite period until one party terminates it. Unless the order confirmation provides otherwise, either party may terminate with 30 days’ notice to the end of a calendar month, in text form (for example by e-mail).

The prices in the order confirmation apply, in Swiss francs, plus VAT. The information on the pricing page is indicative and not yet binding.

Movena invoices the subscription fees in advance, monthly or annually depending on the order confirmation. Usage-based fees, for example for outbound calls and SMS, are billed monthly in arrears. Payment is made by QR-bill within 30 days. Card payment is not yet available.

If the Customer does not pay on time, Movena sends a payment reminder. Once the period set in the reminder has expired, the Customer owes default interest of 5 per cent per year (Art. 104 CO (OR)). If payment is still not made, Movena may suspend access after giving at least 10 days’ notice. The data is retained during the suspension; the obligation to pay continues.

Movena may adjust the prices by giving at least 60 days’ notice. In this case, the Customer may terminate with effect from the date of the change. Price reductions apply automatically from the announced date.

• The Customer keeps its access credentials secret, assigns roles and permissions to its users and ensures that they comply with the Terms. It notifies Movena without delay if it suspects misuse.
• It only processes content in the Suite that it is lawfully entitled to use and, where personal data is concerned, complies with the applicable data protection law.
• It does not place excessive load on the Suite, does not circumvent protective measures and only carries out security tests by arrangement with Movena.
• It complies with the storage quota. Movena gives a warning at 80 and 95 per cent; at 100 per cent, no further files can be stored.
• Its statutory obligations remain with it, in particular bookkeeping, retention (Art. 958f CO), VAT, payroll reporting and customs declarations. The Suite is a tool for these. For statutory retention beyond the end of the contract, the Customer exports its data in good time.

Movena operates the Suite with the care of a professional provider and monitors the services. A specific level of availability only applies if the order confirmation specifies it.

Movena announces planned maintenance in advance and, where possible, schedules it outside normal business hours. Movena may install urgent security updates without prior notice.

Support is available via the contact form and by e-mail to info@movena.ch during business hours on Swiss working days. The scope of support and the response times in the subscription are set out in the order confirmation.

The data that the Customer enters into or uploads to the Suite belongs to the Customer. Movena uses it only to operate the Suite for the Customer, not for advertising and not for training AI models.

The DPA applies to personal data that Movena processes on behalf of the Customer. Business data, files and backups are located at the chosen location and are not copied to the other region. Sign-in, the customer account and the brokering of AI features run centrally in Germany.

Movena backs up the data every night, encrypted, to separate storage. The backups serve to restore data after incidents; they do not replace exports by the Customer for its own retention purposes.

The Suite offers AI features and automatic suggestions, for example summaries, draft texts, posting or allocation suggestions and customs tariff numbers. Such results are non-binding and may be incorrect or incomplete.

The Suite only saves suggestions in the business applications once an authorised user confirms them. The Customer checks them before use; responsibility for decisions, postings, submissions to authorities and communications to third parties remains with the Customer. The suggestions do not replace binding rulings, such as a binding tariff ruling from the customs administration.

Which data may go to which models is governed by clause 10 of the DPA. Movena does not provide legal, tax or customs advice.

For the term of the contract, the Customer receives the non-exclusive, non-transferable right to have its users use the Suite for its own purposes. All other rights in the Suite remain with Movena or its licensors.

The Suite contains open-source software. The licences of these components apply to them in addition; rights that these licences grant to the Customer remain unaffected.

Movena may use the Customer’s feedback and suggestions for improvement for the further development of the Suite without remuneration.

Both parties treat non-public information of the other party that they receive in connection with the contract as confidential and use it only for the contract. This obligation continues after the end of the contract. Statutory disclosure obligations are reserved.

The Customer reports defects with a comprehensible description. In the subscription, Movena remedies defects within a reasonable period, at its option by correction, workaround or a new version. If this fails, the Customer may demand an appropriate reduction of the subscription fee or terminate the subscription without notice.

In the free trial, Movena provides the Suite without any warranty, to the extent permitted by law.

Movena is liable without limitation for damage that it causes intentionally or through gross negligence, and for personal injury.

For slight negligence, Movena is liable in the subscription only for direct damage and up to a maximum of the subscription fees that the Customer paid in the twelve months before the event causing the damage. Liability for indirect and consequential damage, in particular loss of profit, is excluded. In the free trial, liability for slight negligence is excluded.

In the event of data loss, Movena is only liable for the effort required to restore the data from the last backup.

Liability for auxiliaries is limited to the same extent (Art. 101 para. 2 CO). Mandatory statutory liability provisions are reserved.

Movena is not liable for disruptions outside its sphere of influence, for example at network operators, authorities or services that the Customer integrates under its own contract, nor in cases of force majeure.

Either party may terminate the contract for good cause without notice. Good cause for Movena is, in particular, serious misuse of the Suite or a breach of these Terms that the Customer does not remedy within 10 days despite being requested to do so. If there is a risk to the security of other customers, Movena may suspend access immediately and informs the Customer without delay.

After the end of the subscription, the data is available to the Customer for export for 30 days. Movena then deletes it; backups are overwritten no later than six months after deletion (clause 14 of the DPA). Movena refunds on a pro rata basis any fees already paid for the period after an ordinary termination by Movena or a justified termination without notice by the Customer.

Movena may amend these Terms and notifies the Customer of changes at least 30 days before they take effect by e-mail to the address stored in the customer account. If the Customer does not agree to a change to its disadvantage, it may terminate with effect from the date on which the change takes effect. Otherwise, the new version applies.

For an ongoing free trial, the version that the Customer accepted when ordering applies.

In the event of contradictions, the order confirmation takes precedence over these Terms. In matters of data protection, the DPA takes precedence.

Amendments and additions to the contract require text form. The Customer may only transfer rights and obligations under the contract with Movena’s consent. If a provision is invalid, the remainder remains valid; it is replaced by a provision that comes closest to its purpose.

Swiss law applies, excluding its conflict-of-laws rules and the Vienna Sales Convention (CISG). The place of jurisdiction is Rheinfelden AG. Mandatory places of jurisdiction are reserved.