Terms & Conditions

From the Morgen team, thanks for using our products! These Terms of Service regulate the use of our services. While in an ideal world these Terms would not be necessary, we are not there yet. Please take a few minutes to read through this document to make sure you understand what we offer. While we try to be as transparent as possible, if anything here is not clear do not hesitate to contact us.

When we say “Company”, “we”, “our”, or “us” in this document, we are referring to Morgen AG, a Swiss-based company registered with the UID CHE-216.439.443.When we say “Services”, we mean any product created and maintained by Morgen AG. At the moment, our only service is Morgen, whether delivered within a web browser, desktop application, mobile application, or another format. When we say “You” or “your”, we are referring to the people or organizations that own an account with one or more of our Services, or to the people or organizations that use our Services without an account. We may update these Terms of Service in the future. Whenever we make a significant change to our policies, we will also announce them by email to all active users. When you use our Services, now or in the future, you are agreeing to the latest Terms of Service and  Privacy Policy. That’s true for any of our existing and future products and all features that we add to our Services over time. There may be times where we do not exercise or enforce any right or provision of the Terms of Service; in doing so, we are not waiving that right or provision. These terms do contain a limitation of our liability.We may update these Terms of Service in the future. Whenever we make a significant change to our policies, we will also announce them by email to all active users. Notice that if you violate any of the terms, we may terminate your account. That’s an extreme measure we try to avoid by keeping an open communication.

Account Terms

Your access to the Services is licensed and not sold. Subject to the terms of this Agreement, we grant you a revocable, non-exclusive, non-transferable, non-sub licensable account enabling you to access and use the Services.
As the account is connected to your email address, you are responsible for maintaining the security of your email account. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all content posted and activity that occurs under your account. That includes content posted by others who either: (a) have access to your login credentials; or (b) have their own logins under your account.
You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of Company employee or officer will result in immediate account termination.

Payment, Refunds, and Plan Changes

If you are using a free version of one of our Services, we do not ask you for your credit card and — just like for customers who pay for our Services — we do not sell your data and never will. 
For paid Services that offer a free trial, we explain the length of trial when you sign up. After the trial period, you need to pay in advance to keep using the Service. If you do not pay, we will freeze your account or some of the Service features. 
If you purchase a "lifetime" plan for one of our Services, you will be granted access to such Services without any time limitation. This does not include new features or updates to the Service. While we will do our best to keep the Services up and running, we reserve the right at any time to modify or discontinue, temporarily or permanently, any part of our Services with or without notice. 
All pricing information on our website are exclusive of all taxes, levies, or duties imposed by taxing authorities. Where required, we will collect those taxes on behalf of the taxing authority and remit those taxes to taxing authorities 
All payments are processed by our partner Paddle Payments Limited. When you make a purchase you agree to share with Paddle the information necessary to process the payment and the invoicing.

Cancellation and Termination

You can cancel your account or downgrade to a free plan (if available) at any time by either contacting us or using the corresponding functionalities within the Services. 
Access to the Services and to the content you posted within the Services will be inaccessible from the Services immediately upon cancellation. We reserve the right to delete permanently all content from our systems after 60 days from the cancellation. If you want to export any data before your account is cancelled, please contact us. Notice that here "content" does not include any data that was synchronized with third-party services (e.g. your calendar events synchronized with your calendar provider). This data will remain accessible through such third-party services, granted you can access them by other means than our Services.
If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately, and you will not be charged again. We do not automatically prorate unused time in the last billing cycle. See our Refund Policy for more details.
We have the right to suspend or terminate your account and refuse any and all current or future use of our Services for any reason at any time. Suspension means you and any other users on your account will not be able to access the account or any content in the account. Termination will furthermore result in the deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. We also reserve the right to refuse the use of the Services to anyone for any reason at any time. This clause is necessary as safeguard against the abuse of our Services and normally enforced on exceptional circumstances

Modifications to the Service and Prices

Although we do our best to support any legacy Services, we reserve the right at any time to modify or discontinue, temporarily or permanently, any part of our Services with or without notice. If we can offer an alternative solution, for example a new Service of the Company to partially or fully replace the discontinued ones, we will migrate your account to the new Service. 
Sometimes we change the pricing structure for our products. When we do that, we tend to exempt existing customers from those changes. However, we may choose to change the prices for existing customers. If we do so, we will give at least 30 days notice and will notify you via the email address on record..

Uptime, Security, and Privacy

Your use of the Services is at your sole risk. We provide these Services on an “as is” and “as available” basis. We do not offer service-level agreements for our Services at this time but of course we do take uptime of our applications seriously. 
We take many measures to protect and secure your data. We minimize the data that we transfer to our server by keeping data processing on the client side when possible. When data is transferred and/or collected, we take many measures to protect and secure your data with backups, redundancies, and encryption. We enforce encryption for data transmission from the public Internet.
When you use our Services, you entrust us with some of your data. We take this as a serious responsibility. You agree that Morgen AG may process your data as described in our  Privacy Policy and for no other purpose. 
We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services. You can see a list of all subprocessors who handle personal data in the Privacy Policy.

Copyright and Content Ownership

The names, look, and feel of the Services (including but not limited to any images, photographs, animations, video, and text incorporated into the Services) are copyright© to the Company. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company. You must request permission to use the Company’s logo or any Service logos for promotional purposes. 
You agree not to decompile, disassemble, reverse engineer, modify, reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission by the Company. 
You agree to assign to Morgen AG the full rights over any feedback, feature request or suggestion that you share with us through our Community board, email, or any other communication channel. This means that Morgen can use your suggestions to develop, commercialize, promote, and/or patent new features claiming exclusive ownership.

Features and Bugs

We design our Services with care, based on our own experience and the experiences of customers who share their time and feedback. However, there is no such thing as a service that pleases everybody. We make no guarantees that our Services will meet your specific requirements or expectations. If you are not satisfied with one of our Services, please let us know. If you have already purchased a paid plan, please refer to our Refund Policy. 
We also test all of our features extensively before shipping them. As with any software, our Services inevitably have some bugs. We track the bugs reported to us and work through priority ones, especially any related to security or privacy. Not all reported bugs will get fixed and we don’t guarantee completely error-free Services.

Morgen data processing agreement

For organizations using Morgen, we provide a data processing agreement, which the GDPR requires for organizations that use third-party services. This agreement establishes the rights and obligations of both parties under the law.

Liability

You expressly understand and agree that the Company shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to this Terms of Service or the Services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.

Rephrasing, you should be aware that choosing our Services comes with no guarantee. If something does not work out as you expect, please let us know and we will try our best to fix the issue. On the other hand, we cannot provide any guarantee that we will able to do so, and we should not be considered liable for this. We understand that this sounds like a bet. If you choose to use our Services, thank you for betting on us.

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