Terms of Service

The following Terms of Service ("ToS" or "Terms") govern the use of the Flexory Workforce Management Platform ("Platform" or "Service"), provided by:

1. Scope of Application

These Terms apply to all contractual relationships between BanioBits and users of the Flexory Platform.

1.1 Contract Formation

The contract is formed by registering a user account and accepting these Terms. By registering, the user agrees to be bound by these Terms.

1.2 Deviating Conditions

Any deviating or supplementary terms of the user will not be recognized unless BanioBits expressly agrees to their application in writing.

1.3 Parties

• Tenant: The organization using the Platform for its employees
• User: Individual employees with access to the Platform (Administrators, Managers, Team Leaders, Springers, Employees)

2. Subject of Contract

2.1 Scope of Services

BanioBits provides the Flexory Platform to the Tenant as Software-as-a-Service (SaaS). The Platform serves to manage flexible workers (Springers) in the hospitality industry.

2.2 Features

The Platform includes the following features:

• Management of employee data and qualifications
• Shift requests and springer matching
• Availability and absence management
• Reporting and analytics
• Multi-tenant capability with strict data separation
• Mobile Progressive Web App (PWA)

2.3 Access

Access to the Platform is provided via web browser. BanioBits does not provide client software. Usage is available anytime and from anywhere with internet access.

2.4 Test or Pilot Version

When using a test or pilot version, these Terms apply accordingly. BanioBits may change the scope of services of the test version at any time or terminate access.

Test and pilot versions are provided "as is" without warranty. There is no entitlement to availability, data persistence, or support.

3. Terms of Use

3.1 Registration

Registration requires the provision of accurate and complete information. Users are obligated to keep their information current.

3.2 Authentication and Security

• Each user receives a personal account with email address and password
• Passwords must be chosen securely (min. 8 characters, upper/lowercase, digits)
• Credentials are confidential and must not be shared
• Users are responsible for all activities under their account
• Suspected misuse must be reported to BanioBits immediately

3.3 Permitted Use

The Platform may only be used for the following purposes:

• Management of employees and shifts
• Planning and coordination of springer assignments
• Creation of reports and analyses for internal purposes

3.4 Prohibited Use

The following actions are expressly prohibited:

• Resale: Commercial use or resale of the Platform without written permission
• Reverse Engineering: Decompilation, disassembly, or reverse engineering of the software
• Data Protection Violations: Unauthorized access to data of other tenants
• Automated Access: Scraping, crawling, or automated data extraction without permission
• Security Threats: Hacking, injection of malware, or DoS attacks
• Legal Violations: Use for illegal purposes or in violation of applicable law

4. User Obligations

4.1 Data Accuracy

Users commit to entering only correct and current data into the Platform. This particularly concerns employee data, qualifications, availabilities, and shift requests.

4.2 Compliance with Labor Law

The Tenant is responsible for compliance with all labor law provisions, including working hours, rest periods, minimum wage, and social security. The Platform is a management tool but does not replace the employer's legal responsibility.

4.3 Data Protection Towards Employees

The Tenant is responsible for compliance with data protection regulations (GDPR, DSG) towards its employees. This includes obtaining necessary consents and informing about data processing.

4.4 System Integrity and API Usage

• No overloading of systems through excessive API calls
• Reporting of security vulnerabilities or malfunctions
• No manipulation of data of other users

5. Availability and Support

5.1 Availability

BanioBits strives for an annual availability of 99.5%, measured on a monthly basis (excluding planned maintenance).

Planned maintenance windows: These are announced at least 48 hours in advance and preferably take place at night or on weekends. Maintenance windows are not counted against the availability guarantee.

Example: With 30 days per month, 99.5% availability corresponds to a maximum downtime of approx. 3.6 hours per month (outside of planned maintenance).

5.2 No Guarantee

Absolute availability cannot be guaranteed. Outages due to force majeure, technical disruptions of third-party providers (hosting, internet), or security incidents are excluded from the availability guarantee.

5.3 Support

Support is available via email: support@baniobits.dev

• Response time: Within 48 hours (business days)
• Critical incidents: Priority processing within 4 hours
• Support languages: German, English

6. Data Protection

Processing of personal data is carried out in accordance with our Privacy Policy.

6.1 Data Ownership

• The Tenant remains owner of all data entered into the Platform
• BanioBits processes data exclusively on behalf of the Tenant
• No use of Tenant data for own purposes (except system improvement in anonymized form)

6.2 Data Security

BanioBits implements appropriate technical and organizational measures to protect data:

• HTTPS/TLS encryption for all data transmissions
• Strict tenant separation (multi-tenant isolation)
• Daily backups with 30-day retention
• Audit logs for traceability of data access

6.3 Data Export Upon Contract Termination

Upon contract termination, the Tenant receives their data in machine-readable format (CSV/Excel). Data will be deleted 30 days after contract end.

7. Intellectual Property

7.1 Copyrights

All rights to the Flexory Platform, including source code, design, documentation, and trademarks, remain with BanioBits. Users acquire no ownership rights in the software.

7.2 License

The Tenant receives a non-exclusive, non-transferable license for the duration of the contract. The license permits use of the Platform for internal personnel management purposes.

7.3 Trademarks

"Flexory" and the Flexory logo are protected trademarks of BanioBits. Use without written permission is prohibited.

7.4 Tenant Data

The Tenant retains all rights to data entered into the Platform. BanioBits acquires no rights to this data, except for processing rights necessary for service provision.

8. Limitation of Liability

8.1 Duty of Care

BanioBits provides services with due care and according to the current state of technology. The Platform is provided "as is" with reasonable efforts toward error-free operation.

8.2 Limitation of Liability

BanioBits is only liable for damages resulting from intent or gross negligence.

Liability is excluded for:

• Indirect damages (lost profit, business losses)
• Data loss due to incorrect user input or failure to backup by the user
• Damages caused by third parties (e.g., hacking despite adequate security measures)
• Outages due to force majeure or infrastructure problems of third parties

8.3 Liability Cap

BanioBits' liability is – to the extent legally permissible – limited to the amount of usage fees paid in the last 12 months (in accordance with Swiss Code of Obligations Art. 100).

8.4 User Responsibility

Users are responsible for:

• Regular data backup (use export function)
• Compliance with labor law provisions when using the Platform
• Correctness of entered data
• Security of own credentials

9. Contract Duration and Termination

9.1 Contract Duration

The contract is concluded for an indefinite period, unless a limited trial period has been agreed.

9.2 Ordinary Termination

• Both parties may terminate the contract with 30 days' notice to the end of the month
• Termination must be in writing via email: support@baniobits.dev
• For annual payment: 60 days' notice before year-end

9.3 Extraordinary Termination

BanioBits may terminate the contract without notice for:

• Serious violations of these Terms (e.g., hacking, data misuse)
• Payment default exceeding 30 days
• Misuse of the Platform for illegal purposes

9.4 Consequences of Termination

• Platform access will be deactivated at contract end
• Tenant receives a 30-day period for data export
• After expiration of this period, all Tenant data will be deleted (GDPR-compliant)
• Fees already paid will not be refunded

10. Changes to Terms of Service

10.1 Right to Change

BanioBits reserves the right to modify these Terms to adapt them to technical, legal, or business developments.

10.2 Notification of Changes

• Changes will be communicated at least 30 days in advance via email
• Modified Terms will be published on the website
• Continued use after expiration of the notice period constitutes acceptance

10.3 Right to Object

Users may object to changes within 30 days. In this case, the contract ends when new Terms take effect. A special termination right exists.

11. Final Provisions

11.1 Severability Clause

Should individual provisions of these Terms be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid one that comes closest to the economic purpose of the invalid provision.

11.2 Written Form

Amendments and supplements to these Terms require written form. This also applies to waiver of the written form requirement. Email shall be considered written form for purposes of this provision.

11.3 No Assignment

Users may not assign or transfer their rights and obligations under this contract to third parties without prior written consent of BanioBits.

11.4 Entire Agreement

These Terms together with the Privacy Policy constitute the entire agreement between the parties and supersede all prior oral or written agreements.

12. Governing Law and Jurisdiction

12.1 Governing Law

These Terms and all legal relationships between BanioBits and users are governed by Swiss law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

12.2 Jurisdiction

Exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Bern, Switzerland.

12.3 Language Version

In case of discrepancies between the German and English versions of these Terms, the German version shall prevail.

Contact

For questions about these Terms, please contact: