Terms of Service

These Terms of Service ("Terms") are entered between you (the "User" or "you") and BSA Informatik AG, Langgasse 53, 6340 Baar, Switzerland, Reg. No. CH-170.3.021.466-4 (the "BSA" or "we"), to govern your use of our online project management software pm4u (the "Service"). Our Privacy Policy explains the way we collect and use your information. By using the Service you agree to be bound by these Terms and our Privacy Policy. If you’re using our Service on behalf of an organization or entity ("Organization"), then you are agreeing to these Terms on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to these Terms. In that case, "you" and "your" refers to that Organization. When you sign up for our Service, you will be prompted to create a password protected account (the "Account"). The Service with limited functionality is offered for free (the "Free Service"). An Account can be licensed (the "Licensed Account") to remove specific limitations of the Free Service for a certain period.

Description of service

The Service allows you to create and manage projects with associated information as tasks, human resources, assignments etc. (together the "Content"). You retain ownership of your Content, but by uploading it onto the Service, you are granting us a license to use, copy, reproduce, process, adapt, publish, transmit, host and display that Content for the purpose of (i) providing you the Service and associated support; and (ii) analyzing and improving the operation of the Service. We reserve the right to remove Content on the Service that violates these Terms or that we otherwise reasonably believe may create liability for BSA.

Account Maintenance

You are solely responsible for maintaining and safeguarding access to your Account. Should you suspect your Account has been compromised, it is your sole responsibility to take immediate action to protect your Content. Immediate action may include, without limitation, logging on your Account and changing your password immediately, or contacting BSA to report an incident. You may never use another user’s account without permission.

An Account that is not Licensed Account will be deemed inactive if there has been no successful login to the Account for a six-month period. Inactive Accounts will be deleted from our system with prior notice per email. Upon deletion of your Account, your Content may be lost and may become permanently unrecoverable.

You are free to stop using the Service at any time. We may terminate or suspend your access to the Service at any time if you are not complying with these Terms or if you are using the Service in a manner that we believe may cause us financial or legal liability.

Warranty disclaimers

BSA WILL USE COMMERCIALL REASONABLE EFFORTS TO PROVIDE THE SERVICE TO YOU 24 HOURS A DAY, 7 DAYS A WEEK, BUT BSA DO NOT PROMISE THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SERVICE OR ANY CONTENT, SEARCH, OR LINK ON IT. THE SERVICE IS DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. WE CANNOT ENSURE THAT FILES CONTAINED OR DOWNLOADED FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION, OR DESTRUCTIVE FEATURES. BSA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BSA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, AND PUNITIVE AND CONSEQUENTIAL DAMAGES. IN ADDITION, BSA MAY, IN THIS SOLE DISCRETION, DISCONTINUE THE SERVICE AT ANY TIME WITHOUT LIABILITY AND/OR NOTICE TO YOU.

Limitation on Liability

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL BSA BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification, Assumption of Risk

You agree to defend, indemnify and hold harmless BSA and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from your use of and access to the Service or from or in connection with any Content uploaded to the Service through your Account by a third party using your Account with your knowledge or consent.

We will use industry standard technical and organizational security measures in connection with the storage, processing and transfer of your Content that are designed to protect the integrity of that Content and to guard against unauthorized or unlawful access to, use of, or processing of such Content.

In connection with providing you the Service BSA may transfer, store and process your Content in Switzerland, E.U. or in any other country in which BSA or its agents maintain facilities. By using the Service you consent to this transfer, processing and storage of your Content.

Law Compliance

The Service is controlled, operated and hosted from within Switzerland and E.U. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own risk and are responsible for compliance with all applicable Swiss, E.U. and local laws and regulations, including but not limited to export and import regulations.

Modifications to the Service

The Service may be modified from time to time, often without prior notice to you. Your continued use of the Service constitutes your acceptance of such modifications. If you are not satisfied with a modification we make to the Service, your sole remedy is to terminate your use of the Service.

BSA’s Intellectual Property Rights

The Service (excluding Content provided by users) constitutes BSA’s intellectual property and will remain the exclusive property of BSA and its licensors. Any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Copyright

BSA respects the intellectual property rights of others and we expect our users to do the same. In some cases, enabling some settings in pm4u, you may agree to allow others to view and share your Content.

Prices

The prices shown at the time of the license order are final.

Support

Unless you have purchased a support service or unless explicitly stated, there is no guaranteed support service included in the price of the product license. You are buying the product AS IS. Support service is provided separately.

Communication Channels

You can contact BSA via email, phone or mail. See our contact information on www.bsa-informatik.ch.

Final Provisions

These Terms are valid from 1.1.2016.

We keep the right to change these Terms without prior notice.