General Terms and Conditions
General Terms and Conditions
1. Scope
These General Terms and Conditions (hereinafter referred to as “GTC”) are an integral part of every contract between Manaxo Inc, 693 5th Ave Fl 11, New York, NY 10022, (hereinafter referred to as “ai-writer.ch”) and the dealer. They exclusively govern the use of the Manaxo Inc software, but not the individual purchase contract.
Manaxo Inc offers companies the provision of services in the field of information and communication technology (consulting, development, production, sales, support, IT services, training, maintenance); brokering business relationships and orders in the field of digital communication, graphics, and IT services; investments; management of assets, in particular the acquisition, financing, creation, management, and sale of real estate; acquisition, management, and exploitation of intellectual property rights.
2.1 Manaxo Inc Software
The license and update fees for Manaxo Inc software are charged annually, depending on the package and modules, plus VAT. The price includes a one-time license, installation, and configuration.
The usage fee is payable within 10 days of invoicing, following a 30-day free trial period.
2.2 Newsletter Tools “Principles for the Provision of Our Services”
2.2.1 With our software and its functions, we merely provide you with a technical basis for the purposes to be fulfilled by you within the limits of the services purchased (see in particular the service description at https://www.reklama.ch). We accept no responsibility for the actions performed with our software or for the content processed with our software. All actions performed by you with our software and all content processed by you are subject exclusively to the statutory provisions, agreements and contracts that you conclude with your customers, partners, employees, etc. with whom you use our software or on whose behalf you use our software.
2.2.2 You may not transfer our services to third parties for commercial use.
2.2.3 We reserve the right to change or adapt our services and the related documents and attachments, taking your interests into account, provided that this does not violate our main contractual obligations towards you. We will only make modifications and adjustments that are significant and adversely affect the contractual relationship with you with your consent.If no such agreement can be reached and we are nevertheless required to make the corresponding modification or adjustment because we are changing our business model or because this is necessary for technical reasons, both parties shall be entitled to terminate this contract for cause.
2.2.4 In the event of force majeure, we shall be released from our obligation to provide the services for the duration of the force majeure, provided that we are actually unable to provide the services. Force majeure shall include fire, explosion, flooding, war, blockade, embargo, pandemic, and industrial action for which neither we nor a subcontractor are responsible.
2.2.5 You are responsible for the actions of your users and are liable for them as for your own actions.
2.2.6 Links or functions in our software may take you to external websites and software that are not operated by us and for which we are not responsible. Such links or functions are either clearly marked or recognizable by a change in the address line of the browser or a change in the user interface.
2.2.7 We are entitled, after providing legitimate reasons, to deny access to our software and to block or exclude you as a customer or your users, or to terminate the contract for cause, if we receive repeated complaintsor if you repeatedly fail to comply with the provisions of the contract and these GTC, other requirements communicated by us or legal regulations. We will inform you of this immediately and give you the opportunity to comment. Before a complete suspension or permanent exclusion, we will inform you 10 days in advance, stating the reasons. If you do not agree with the reasons for the suspension or exclusion, you may appeal to the court of jurisdiction., we will inform you 10 days in advance, stating the reasons for this. If you remedy the reason that led to the rejection, suspension, or exclusion, we will review the resumption of your services on our platform.
3. Conclusion of contract
After the licensee contacts Manaxo Inc, Manaxo Inc will send the licensee an order confirmation for signature. The contract between Manaxo Inc and the licensee regarding the use of Manaxo Inc software is concluded upon signing the order confirmation by Manaxo Inc.
Manaxo Inc is not a party to contracts concluded between the licensee and its customers via communication. Manaxo Inc, its representatives, employees, and auxiliary persons are in no way responsible for the risks associated with the initiation and conclusion of transactions and are not liable in any way for any damages resulting therefrom.Manaxo Inc is not obliged to monitor the conduct of its licensees in connection with the use of the Manaxo Inc software. However, Manaxo Inc is entitled, but not obliged, to check the offers, texts, and images published on the Manaxo Inc software of its licensees for their legality or other admissibility in any way. Financial transactions
Financial transactions via the Manaxo Inc software are processed by Stripe (credit cards), PayPal, bank transfer, Authorize.net AIM and SIM, Instamojo, Mollie, Braintree, PayU Money, and 2Checkout. Payments from the licensee's customers are made directly to the licensee's account without the involvement of Manaxo Inc.
6. Terms of use
The licensee is solely responsible for the content, accuracy, and timeliness of the information on their Manaxo Inc Software (customer data, financial transactions, employee data, product data, price information, etc.). The licensee may only use and publish the products provided by Manaxo Inc Software for the purposes specified in the license agreement.The user is responsible for ensuring that the offer and sale of their products do not infringe any third-party rights, in particular personal rights, property rights, and intellectual property rights. The user is responsible for ensuring that the offer and sale of their products do not infringe any third-party rights, in particular personal rights, property rights, and intellectual property rights. It is not permitted to offer items on products made available by Manaxo Inc.if the offer is illegal or contrary to public decency. In particular, items that are illegal, pornographic, racist, or harmful to health are prohibited.or are in any way associated with unconstitutional organizations. In particular, the sale of live animals, weapons, drugs, and chemicals is prohibited. The user name and password may only be used by the user to whom they belong. It is in the user's own interest to keep their user name and password secret. The user can change the password at any time, but must choose a new password that is not easy to guess. If the user name and password are lost or if unauthorized access or misuse is suspected, the user must inform the Manaxo Inc team as soon as possible so that a new password can be generated. If there are reasonable grounds for suspecting unauthorized or abusive use of Manaxo Inc products, the platform operator may temporarily suspend the user's access to the system without notice until security has been restored. You can subscribe to additional features of the subscription service by either placing an additional order or activating the additional features in your my.Manaxo Inc account (if we offer this option). This Agreement applies to all additional orders and all additional features that you activate in your my.Manaxo Inc account. Availability Commitment. Details regarding Manaxo Inc's availability commitment can be found at www.ai-writer.ch.
7. Limitation of liability
Manaxo Inc guarantees the careful execution of its services and undertakes to perform them in accordance with the current technical standard.Manaxo Inc's liability is limited to damages resulting from intentional breaches of contract or gross and moderate negligence on the part of its employees. The licensees are aware that even with careful software development and maintenance, errors can occur, so that Manaxo Inc. does not guarantee uninterrupted operation of the Manaxo Inc software. Manaxo Inc. is not liable for consequential damages, lost profits, and data loss, or for damages resulting from interruptions in operation, unless these are caused by gross negligence or intent on the part of its employees. Manaxo Inc. carries out planned system interruptions, e.g., maintenance intervals, during off-peak hours whenever possible. It may interrupt operation if this is necessary for important reasons, e.g., in the event of malfunctions or the risk of misuse. Where possible, information about interruptions will be communicated in an appropriate manner (e.g., on the ai-writer.ch website or by email to licensees). The licensee shall have no claims against Manaxo Inc. as a result of any system interruption. Manaxo Inc. shall not be liable for defects and disruptions for which it is not responsible, in particular for security defects and operational disruptionsfailures of providers or third-party companies with which it cooperates or on which it depends. Furthermore, Manaxo Inc. is not liable for force majeure, improper handling and disregard of risks on the part of the licensee or third parties, excessive use, unsuitable operating materials of the licensee or third parties, extreme environmental influences, interference by the licensee or third parties (viruses, worms, etc.) that occur despite the necessary current security measures. The licensee acknowledges that Manaxo Inc. registers data necessary for the fulfillment of the contract, stores it in accordance with legal archiving requirements, and evaluates it for statistical purposes if necessary. Manaxo Inc. undertakes not to pass on user data to third parties for purposes other than those specified in the contract.
8. Intellectual property
8.1. This is a contract for access to and use of the subscription service, and this contract does not grant you any license with respect to software. The subscription service and consulting services are protected by intellectual property laws. These services belong to us and our licensors (if any). They are the property of us and our licensors, and we retain all ownership rights therein. You agree not to copy, rent, lease, sell, distribute, or create derivative works based on the Manaxo Inc content, the subscription service, or the consulting services, in whole or in part, in any manner whatsoever, unless you obtain our express written permission to do so.Our trademarks include, but are not limited to, the trademarks listed at www.ai-writer.ch (which we may change at any time without notice), and you may not use any of these trademarks without our prior written permission.
8.2. We encourage all customers to share their feedback about the subscription service or consulting services with us, submit suggestions for improvement, and discuss ideas they like. You agree that all such comments and suggestions are not confidential and that we have all rights to use and implement them in the subscription service or consulting services.You agree that all such comments and suggestions are non-confidential and that we have all rights to use and implement them in the Subscription Service or Consulting Services without any payment or attribution to you.
9. Term and termination
The contract is initially concluded for a period of 1 year. If it is not terminated 30 days prior to expiry, it shall be automatically extended for another year. It can be terminated with 30 days' notice to the end of the contract period. Notice of termination must be given in writing by post or email. Manaxo Inc. is also entitled to terminate the contract by email to the email address provided by the customer for contract-related communications. It is the sole responsibility of the customer to export the customer data (for website hosting migration) before such termination or expiry.In the event that the customer has not deleted the customer data from the account, we shall not be liable after 10 days. Therefore, this period may be terminated by us at any time with or without notice to the customer, and the customer data will then be permanently deleted from our server. The customer acknowledges the foregoing and their sole responsibility to export and/or delete the customer data prior to termination or expiration of these Terms of Use, and therefore we accept no liability in this regard towards the customer, any user or third party. Manaxo Inc may also terminate the contract with the licensee without notice or suspend it until further notice if the licensee violates these Terms and Conditionsor if bankruptcy or insolvency proceedings have been initiated against the licensee or if it becomes apparent in any other way that the customer is no longer able to meet their payment obligations. This shall also be assumed if the licensee has not paid the fee for the use of the software despite a second reminder. In the event of breaches of duty by the licensee, as well as in the event of the offering of unauthorized items and the infringement of third-party rights, Manaxo Inc. has the right to immediately block the licensee's access to the Manaxo Inc software and to terminate the contract without notice. Any prepaid fees shall not be refunded in the event of termination of the contract without notice. The licensee shall be liable to Manaxo Inc. for all expenses and damages resulting from its breach of obligations.
Changes and additions to these Terms and Conditions are only effective if agreed in writing. Manaxo Inc reserves the right to change the Terms and Conditions. The changes will be announced on the website in a timely manner. In this case, the user has the right to terminate this contract with a notice period of 14 days after notification. If the user fails to do so, this shall be deemed as consent to continue the contract under the new conditions.
Manaxo Inc processes the personal data collected from the licensee in accordance with its privacy policy.
12. Indemnification
If third parties assert claims against Manaxo Inc for infringement of their rights by publicly disclosed offers or content by the licensee or for other use of the software by the licensee, the licensee shall indemnify Manaxo Inc from all claims.or the other use of the software by the licensee, the licensee shall indemnify Manaxo Inc against all claims and also bear the costs of Manaxo Inc's legal defense (including court and attorney's fees).
13. Place of jurisdiction and applicable law
These Terms and Conditions are governed by Swiss law, excluding the conflict of law provisions of Swiss private international law. Unless otherwise required by law, the place of jurisdiction is New York, NY 10022.
14. Anti-spam policy
This policy applies to all Manaxo Inc services that can be used for the transmission of bulk emails or commercial emails (“Covered Services”). You agree to the Manaxo Inc Anti-Spam Policy as a condition of using the Covered Services. Covered Services may only be used to send emails or messages to individuals from whom you have obtained express permission to send emails or messages on the subject of such email or message, such as permission-based email marketing. We take our anti-spam policy very seriously. If we determine that you are sending emails or messages to individuals without their permission, we reserve the right to terminate your user account.
The annual fee includes web hosting to the extent described in the order confirmation. The choice of server provider is at the sole discretion of Manaxo Inc. and, for security reasons, the customer cannot be granted access to server administration. Manaxo Inc sets up servers and domains according to its own basic settings and under its own name. Unless otherwise agreed in the order confirmation, a transfer to another host provider can be made at the customer's request. In such a case, Manaxo Inc shall not be liable for the hosting and operation of the website. Manaxo Inc is entitled to charge the customer for any additional expenses incurred in connection with a change to another host provider. Manaxo Inc provides the customer with mail hosting depending on the service package selected.Manaxo Inc will make every effort to ensure that the website hosted by Manaxo Inc is available without interruption. However, Manaxo Inc cannot guarantee this. Restrictions on accessibility resulting from serious disruptions to the network, servers, or third-party software may lead to restrictions or failures in availability. 40px;">15.1. Final reminder: If the customer does not pay their final reminder, their hosting account will be suspended for 10 days. To reactivate the account, an advance payment of CHF 200 is required. If the customer does not send a written notification to Manaxo Inc. within a further 10 days (a total of 20 days after the initial suspension), the data will be permanently deleted and cannot be restored. Manaxo Inc. shall not be liable in this case., the data will be permanently deleted and cannot be restored. In this case, Manaxo Inc. is not liable for any damage that may arise from the loss of data.
15.2. DNS changes: If changes are made to the DNS entries of your domain, this will automatically result in the deactivation of your domain on our servers. After 30 days, your domain and all associated content, including emails, will be permanently deleted.This will automatically result in the deactivation of your domain on our servers. After 30 days, your domain and all associated content, including emails, will be permanently deleted. Please note that Manaxo Inc. accepts no liability for the loss of your data. Deleted data cannot be restored. In the event of a violation of this rule, the domain hosting in question will be blocked immediately. In order to reactivate the hosting, an advance payment of CHF 200 is required. In the event of a repeated violation of this rule, the domain hosting will be completely blocked from the Manaxo Inc server and all data will be removed from the server. In this case, Manaxo Inc. is not liable for any damage caused by the loss of data.
5.4. Additional services The customer has the option of taking out additional service subscriptions or purchasing services from Manaxo Inc on an hourly basis. The current range of services and service subscriptions, as well as their scope, are described on the platform.
The restoration of the website after hacker attacks, etc., will be invoiced to the customer—unless expressly included in the package price—according to the time and effort required and in accordance with the applicable rates of Manaxo Inc.
5.5. Manaxo Inc is not obliged to check the customer's content in this regard.
fair use, i.e., excessive or unnecessary use of the subscription is avoided (e.g., mass mailings, unsolicited advertising emails, pure download pages, etc.).not to initiate advertising circulars or mass mailings (mailing campaigns) via electronic mail using e-mail addresses from its domain.to regularly check access to its personal electronic mailbox (e-mail).
Manaxo Inc reserves the right to block the customer's web hosting service with immediate effect at the customer's expense in the event of misuse. This also applies in the event that no actual legal claim exists. In particular, WordPress and module updates must be carried out monthly. The suspension shall remain in effect until the respective issue has been clarified or the customer provides proof that the content is actually harmless.
Manaxo Inc also reserves the right to block the customer's web hosting service at the customer's expense if the customer's user behavior in any way (chat, forum, etc.) impairs the operating performance of the server. Manaxo Inc expressly reserves the right to claim compensation for all direct and indirect damages, including financial losses, in the event of misuse of the web hosting service or violation of the General Terms and Conditions.
16. Final provisions
Should any parts of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions. The invalid provisions shall be replaced by the relevant statutory provisions.
Update: October 21, 2023