Terms of Use

Provider

oneLynk AG, Riedstrasse 1, 8953 Dietikon, Switzerland

Preamble

0.1 These Terms of Use govern the use of the oneLynk website, including landing pages and comparable information pages, as well as the oneLynk app or platform and the related functions.

0.2 The platform is typically provided within the framework of a business relationship between oneLynk and a business customer. End users are generally not the paying contractual parties, but use the platform within a customer account, project, or a use model controlled by the business customer.

0.3 Data protection information is governed in a separate Privacy Notice. These Terms of Use address data protection matters only to the extent necessary for use, operation, security, and the allocation of roles.

1. Scope and Acceptance

1.1 These Terms of Use apply to any person accessing the website or using the app or platform. For purely informational website use, only those provisions that are factually relevant apply; account- or project-related provisions apply only where a user account or platform-related functions are used.

1.2 Use of the app or platform requires active acceptance of these Terms of Use, the current Privacy Notice, and any applicable customer-specific house rules through the designated login, activation, or other approval process.

1.3 For website use and for the logged-in area, additional cookie, tracking, preference, or comparable consent or settings mechanisms may apply. These must be distinguished from the mandatory acceptance of legal documents or project-related rules and do not replace such acceptance.

1.4 If you use the app or platform for or on behalf of a business customer, you may do so only if you are internally authorised or have been validly assigned such access.

2. User Account, Access and Authentication

2.1 Access to the app or platform is generally provided to you by the relevant business customer or by oneLynk on behalf of or within the authorisation of that business customer. There is no entitlement to the creation or continued maintenance of a user account unless expressly provided or agreed.

2.2 You must keep the information stored for your user account accurate and up to date to the extent you can edit it yourself.

2.3 Access credentials, passwords, tokens, or comparable authentication means are personal and must be kept confidential and protected against unauthorised access. Disclosure, shared use, or de facto use by other persons is generally prohibited unless these Terms of Use or the platform expressly provide otherwise.

2.4 For certain situations, in particular where there are multiple buyers or other jointly concerned persons, the platform may provide that a user acts as an authorised representative. In such case, no general shared account use is permitted; rather, the authorised representative acts through that user's own account in that user's own name and, where applicable, on behalf of the co-participants represented by that user.

2.5 Any person acting as an authorised representative is responsible for ensuring that the necessary authority, consent, or power of representation actually exists. oneLynk is generally not obliged to substantively verify internal authorisations or representation relationships and may, unless there are obvious indications to the contrary, rely on the declared authority of representation or the authority stored in the project context.

2.6 If you become aware of indications of misuse, unauthorised access, or a security issue, you must inform the relevant contact person of the business customer and/or oneLynk without undue delay.

2.7 oneLynk may require or implement additional authentication measures for security, integrity, or operational reasons, including password resets, session limitations, or multi-factor authentication where available and appropriate.

3. Project Context and Roles

3.1 To the extent you use the app or platform in a project or customer context, the relevant business customer generally controls which persons receive access, which roles and permissions apply, which content is processed, and which approvals or decisions are provided for within the project.

3.2 oneLynk provides the technical platform and the related standard functions. However, oneLynk is not responsible for the accuracy, completeness, internal approval logic, business suitability, or legal permissibility of project-related content, decisions, or instructions entered by the business customer or its users.

3.3 End-user support is generally provided primarily through the relevant business customer unless oneLynk expressly provides a direct support or contact channel for specific matters.

4. Permitted Use

4.1 You may use the website, the app, and the platform only within the limits permitted by law and only for the intended information, communication, project, and usage purposes.

4.2 In account- or project-related use, you may access only those functions, data, and areas that have been assigned to you under the relevant role and permission model.

4.3 You must comply with instructions, security requirements, process rules, and reasonable usage rules of oneLynk and the relevant business customer to the extent they have been validly communicated to you or made visible in the platform.

4.4 Use is limited to your own authorised activity within the intended project or usage context. Making access available to others or using it for unrelated third parties is not permitted.

5. Prohibited Use and Misuse

5.1 In particular, any use that is unlawful, misleading, harmful, abusive, discriminatory, fraudulent, or otherwise capable of infringing third-party rights or the legitimate interests of oneLynk, the business customer, or other users is prohibited.

5.2 The following are also prohibited in particular: circumventing protection or security mechanisms; using another person's credentials; unauthorised shared use of a user account outside an expressly provided representative model; unauthorised reading, copying, scraping, or bulk extraction of data; introducing malicious code; carrying out unauthorised load, penetration, reverse-engineering, or security tests; decompiling, disassembling, reverse engineering, or otherwise technically analysing the platform unless mandatory law provides otherwise; and any use that may impair the security, integrity, or availability of the platform.

5.3 You may not enter, share, or process any content or data that you are not authorised to use, disclose, or process.

5.4 oneLynk is entitled to detect, log, analyse, prevent, and respond to abusive, unlawful, or security-relevant uses with appropriate technical, organisational, or legal measures. These may include warnings, restrictions, suspensions, preservation of evidence, and the assertion of further rights.

6. Content, Data, and Binding Declarations

6.1 To the extent you enter or trigger content, data, messages, documents, tasks, approvals, comments, notes, or other inputs in the platform, you are responsible within your sphere for their lawfulness and permissibility.

6.2 You may only upload or transmit content for which you have the necessary rights, approvals, or other authorisations.

6.3 To the extent necessary for the provision, storage, processing, display, transmission, backup, logging, and support of the platform, you grant oneLynk the rights required for such purposes in relation to the content you upload, or you ensure that such rights exist. Third-party rights remain unaffected.

6.4 oneLynk is not obliged to generally monitor or pre-screen all user-provided content. However, oneLynk may block, remove, or restrict content, functions, or access where this is required or appropriate for security, legal, contractual, or operational reasons.

6.5 The deactivation or deletion of a user account does not necessarily result in the deletion of all content, activities, or records associated with that account. To the extent required for project documentation, traceability, security, incident investigation, evidentiary purposes, legal obligations, or legitimate interests, related events, timestamps, and histories may be retained.

6.6 To the extent the platform provides a separate confirmation process for certain actions, in particular approvals, change requests, orders, cost-relevant declarations, or comparable actions, oneLynk may require the user to additionally confirm the relevant declaration by means of multi-factor authentication or a comparable security mechanism.

6.7 Any approval, consent, order, acceptance, or other declaration made through the designated confirmation process, including any multi-factor authentication, shall be deemed intentionally made, authorised, and binding in the context of platform use. This also applies where the acting user acts as an authorised representative for co-participants. Mandatory statutory formal requirements remain reserved for transactions where such electronic confirmation is not legally sufficient.

6.8 To the extent the platform provides a representative notice, confirmation checkbox, or comparable declaration for such actions, the acting user additionally confirms by triggering the action that the user is authorised to make the declaration to the intended extent.

6.9 To the extent consents, acknowledgements, preference choices, or comparable declarations are made or changed within the login, activation, confirmation, or settings process, such events may be logged to the technically required extent and as technically available within the system. This applies in particular to the acceptance of legal documents, the confirmation of binding actions, and changes to optional settings or preference values.

7. Availability and Changes

7.1 oneLynk provides the website, the app, and the platform with due professional care. However, uninterrupted, error-free, or entirely unchanged availability at all times and in all scenarios is not owed.

7.2 The specific scope of functions may depend on the booked modules, the configuration of the relevant business customer, your role and permission model, the device environment used, as well as third-party components or integrations.

7.3 oneLynk may perform maintenance, updates, patches, security measures, technical migrations, release deployments, and functional enhancements. Where possible, planned material impacts will be communicated appropriately; in urgent cases, immediate measures may also be taken without prior notice.

7.4 oneLynk may adjust functions, processes, user interfaces, and technical operating workflows where this is appropriate for legal, security-related, technical, product-related, or operational reasons.

8. Audit Log, Logging, and Traceability

8.1 oneLynk may maintain technical and application-related logs to an appropriate extent and as technically available within the system. These may include, in particular, logins, accesses, status changes, approvals, uploads, processing steps, administrative interventions, support-related access, error messages, security-relevant events, confirmation processes, representative declarations, multi-factor authentications, acceptance events relating to legal documents, and consent, refusal, withdrawal, and preference events where such logging is required for operations, security, traceability, compliance, abuse prevention, or evidencing.

8.2 Logging serves, in particular, operational security, system integrity, incident analysis, abuse prevention, incident investigation, the traceability of workflows, evidencing, compliance, and operational improvement.

8.3 The scope, granularity, retention period, visibility, exportability, and technical preparation of such logs depend on system design, enabled functions, role model, security requirements, contractual framework, and applicable legal obligations.

8.4 To the extent legally permissible, system-generated logs, timestamps, confirmation data, and activity records may be used as indicia of documented events, accesses, approvals, confirmations, status changes, or other logged actions.

8.5 To the extent provided for in the relevant project or role model, relevant activity or audit information may also be made available to the relevant business customer or its authorised administrative bodies.

8.6 User histories or activity records may be displayed in anonymised form in the frontend after a user account has been deactivated or removed, while system-side evidencing may, to the extent legally permissible and necessary, remain in place.

9. Intellectual Property

9.1 All rights in and to the website, the app, the platform, the software, user interfaces, documentation, trademarks, logos, concepts, models, methods, templates, and other components remain with oneLynk or the respective rights holders.

9.2 To the extent access has been validly assigned to you, you receive, for the duration and within the scope of that access, a limited, non-exclusive, non-transferable, and non-sublicensable right to use the platform for its intended purposes.

9.3 Without the express written consent of oneLynk, you do not receive any right in particular to source code, development tools, build environments, or other internal technical documentation.

9.4 Comments, ideas, or improvement suggestions that you voluntarily submit to oneLynk may be used by oneLynk for product improvement and further development, provided that no confidentiality or data protection obligations are breached.

10. Suspension and Termination

10.1 The relevant business customer may change, withdraw, or terminate accesses, roles, and permissions within its project or customer account.

10.2 oneLynk may temporarily or permanently restrict or suspend access or functions where necessary to avert acute security risks, stop misuse or legal violations, defend against unauthorised technical analysis or attacks, protect proper operations, comply with regulatory or legal requirements, or implement the end of the underlying customer relationship.

10.3 Where practicable, oneLynk will act proportionately and inform affected users or the relevant business customer appropriately.

10.4 Upon termination of your access, your right to continue using the relevant functions ends. Project content, documentation, activity histories, or records already created may continue to be stored or processed in accordance with these Terms of Use, the Privacy Notice, the underlying customer framework, and applicable law.

10.5 A suspension or termination does not release you from obligations that by their nature continue to apply, in particular regarding confidentiality, third-party rights, prohibitions on misuse, and already documented events.

11. Privacy Notice and Data-Protection-Related Notices

11.1 Information on how oneLynk processes personal data in connection with the website, app, and platform can be found in the current Privacy Notice.

11.2 To the extent project-related data are processed within the framework of a business customer, the relevant business customer may itself be responsible for content, purposes, approvals, and representation logic within its project context.

11.3 To the extent non-essential analytics, convenience, or marketing functions are used on the website or in the logged-in area, their use and your options for choice, activation, or consent are governed by the Privacy Notice and the relevant settings or consent mechanisms provided. Mandatory acceptance of these Terms of Use, the Privacy Notice, or any applicable customer-specific house rules is separate from this.

12. Liability

12.1 To the fullest extent permitted by law, oneLynk's liability arising out of or in connection with the use of the website, app, or platform is excluded, irrespective of the legal basis.

12.2 Only those cases remain reserved in which an exclusion or limitation of liability is not permitted under mandatory law, in particular in cases of wilful misconduct or gross negligence, culpably caused personal injury, or where applicable law provides for mandatory liability.

12.3 To the fullest extent permitted by law, oneLynk shall in no event be liable for indirect or consequential damages, lost benefits of use, data loss, project delays, incorrect decisions, cost consequences resulting from actions triggered by users or business customers, or other disadvantages to the extent these lie outside oneLynk's attributable sphere of control or could have been avoided or reduced by reasonable measures within your sphere or the sphere of the business customer.

12.4 In particular, oneLynk shall not be liable for content, approvals, confirmations, orders, decisions, instructions, or communications for which the business customer, authorised representatives, or other users are responsible or which they trigger.

13. Changes to These Terms of Use

13.1 oneLynk may amend these Terms of Use with future effect where this is appropriate for legal, regulatory, technical, security-related, operational, or product-related reasons.

13.2 The current version will be made available or communicated in an appropriate manner on the website, in the app, upon login, or through a comparable communication channel. Where required for continued use, oneLynk may require renewed active acceptance in the login, activation, or approval process.

13.3 Material changes that significantly affect your use or obligations will be highlighted appropriately. To the extent permitted by law, continued use after the change takes effect constitutes acceptance. If you do not agree with a change, you must cease further use.

14. Governing Law, Jurisdiction, and Final Provisions

14.1 These Terms of Use are governed by the substantive laws of Switzerland, excluding conflict of law rules and the UN Convention on Contracts for the International Sale of Goods.

14.2 To the extent permitted by law, the ordinary courts at the registered office of oneLynk shall have jurisdiction over disputes arising out of or in connection with these Terms of Use. Mandatory statutory venues remain reserved.

14.3 These Terms of Use may be provided in multiple languages. In the event of inconsistencies or interpretation issues, the German version shall prevail.

14.4 If any provision of these Terms of Use is or becomes invalid or unenforceable in whole or in part, the validity of the remaining provisions shall remain unaffected.