for the purchase and use of the Monexit Desktop Software
Preamble
Provider:
Sivcic Research, Sole Proprietorship, owned by David Sivcic
Registered office:
Krontalstrasse 8, 9000 St. Gallen, Switzerland
UID:
CHE-271.377.152
Websites:
sivcic.com (Owner) | monexit.com (Sales Platform)
Email:
support@monexit.com
(hereinafter "Provider")
These Terms and Conditions (T&C) govern the legal relationships between Sivcic Research, a sole proprietorship based in Switzerland, as the provider of the Monexit Desktop Software, and customers who purchase this software via the website monexit.com. The Monexit Desktop Software is specialized financial software designed for local and private use, ensuring high autonomy and data protection for the end user.
1. Scope of Application
1.1 These Terms and Conditions (T&C) apply to all contracts for the purchase and use of the Monexit Desktop Software (hereinafter "Software") concluded between Sivcic Research, Sole Proprietorship (hereinafter "Provider"), and natural or legal persons (hereinafter "Customer") via the website monexit.com.
1.2 By ordering the Software or using the website monexit.com, the Customer agrees to the validity of these T&C in their current version.
1.3 Deviating, conflicting, or supplementary terms and conditions of the Customer shall not become part of the contract unless the Provider expressly agrees to their validity in writing. This requirement for written consent applies in all cases, even if the Provider performs delivery or services without reservation despite knowledge of conflicting T&C of the Customer.
1.4 Insofar as personal designations (e.g., "Customer") are used in masculine form in these T&C, they always include all genders (male, female, diverse) and serve exclusively for better readability.
2. Contracting Party
2.1 The contracting party is Sivcic Research, a sole proprietorship registered in Switzerland, owner David Sivcic, with registered office at Krontalstrasse 8, 9000 St. Gallen, Switzerland.
2.2 The Provider acts on monexit.com as legal representative and owner of the Monexit brand and product. All contracts are concluded exclusively with Sivcic Research.
3. Subject Matter and Service Description
3.1 The subject matter of the contract is the acquisition of a license to use the Monexit Desktop Software by the Customer against a one-time purchase payment. The Software is made available to the Customer in the current and available version.
3.2 The Monexit Desktop Software is fintech software designed primarily for private and local use on the Customer's end device. It is fundamentally offline-capable, meaning that most functionalities and processing of sensitive data occur exclusively on the Customer's device and no permanent internet connections are required for operation.
3.3 License verification and abuse prevention: To verify the validity of the acquired license and prevent abusive multiple use, the Software launcher authenticates the Customer's account with the Provider's server upon startup. This authentication transmits the following technical data: IP address at the time of authentication, operating system and client identifier, timestamp, and account identifier. This data serves to verify the license and manage the active session. It is stored in a protected database at the Provider and constitutes pseudonymous data within the meaning of applicable data protection law, as it can be linked to the Customer's account. No transmission or storage of financial data or user-specific transaction data from the Customer's end device to the Provider's servers occurs.
License verification and abuse prevention:
3.4 Use on multiple devices: The Customer is entitled to install the Software on multiple compatible end devices. However, simultaneous active use of the Software with the same account is limited to one device.
Use on multiple devices:
3.5 Session management: If the Customer logs in with the same account on another device while an active session already exists, access to the new device will be denied. The Customer can end an active session at any time via the Software launcher.
Session management:
3.6 The described protective measures serve the legitimate interest of the Provider to prevent non-contractual use and license abuse. This is not a subscription model or Software-as-a-Service (SaaS) solution.
3.7 System requirements: The Software requires a compatible end device running Microsoft Windows 11. The current minimum system requirements are published on the website monexit.com. The Customer is responsible for verifying compatibility with their system prior to purchase. The Provider does not warrant compatibility with operating systems, configurations, or hardware not listed in the published system requirements.
System requirements:
4. Formation of Contract
4.1 The presentation of the Software on the website monexit.com does not constitute a legally binding offer, but merely a non-binding invitation to submit an order (invitatio ad offerendum).
4.2 The Customer submits a binding offer to purchase the software license by completing the electronic ordering process on monexit.com. Before submitting the order, the Customer can review and correct their entries at any time.
4.3 The contract is concluded at the moment of successful payment processing by the payment service provider (Payrexx). Upon contract formation, the license is activated automatically on the Customer's account. The Customer receives a confirmation email to the email address provided, containing the order overview and invoice.
5. Prices and Payment Terms
5.1 All prices indicated on monexit.com are in Swiss Francs (CHF) and include, where legally required, the applicable value-added tax.
5.2 Payment of the purchase price is made in advance via the payment methods offered on the website monexit.com. The Customer is obligated to provide the data necessary for payment correctly and completely.
5.3 All payments are processed securely through Payrexx, a Swiss-based payment service provider. The Provider does not store or have access to payment card details at any time.
5.4 The Provider offers a single paid licensing option. This is not a subscription; no recurring charges are applied automatically.
Standard License (CHF 49.75 one-time)
A single payment that immediately grants a perpetual license with no further payments required. The license grant does not expire; the Provider's online services and updates are governed by section 11 of these Terms.
5.5 Upon complete payment receipt, the license is activated automatically on the Customer's existing account on monexit.com. Activation typically occurs within minutes after successful payment processing. A deviating timeline will be communicated to the Customer during the ordering process.
5.6 Evaluation Licenses (Trial Licenses). The Provider may, at its sole discretion, grant a free, time-limited evaluation license. A trial license is limited to one (1) per customer account, is non-transferable, lasts seven (7) calendar days, and expires automatically at the end of that period without any notice or cancellation being required. There is no entitlement to the grant, extension, or renewal of a trial license, nor to its conversion into a paid license. No payment is taken for a trial and no invoice or receipt is issued. The provisions governing the perpetual license (sections 5.1, 8.1, and 11.4) and the refund policy (section 13) do not apply to trial licenses. These Terms otherwise apply to trial licenses by analogy, in particular sections 7, 8, 9, 10, and 12. Software provided under a trial license is made available "as is" and without warranty; support for trial users is provided at the Provider's sole discretion.
6. Delivery and License Activation
6.1 After complete payment receipt, the license is activated on the Customer's account automatically. No separate license key is issued. The Customer's existing account credentials (email and password) serve as the sole means of accessing the licensed Software.
6.2 The Customer downloads the Software launcher via monexit.com. Upon launching, the Customer authenticates with their account credentials (and two-factor authentication code if enabled). The launcher then downloads and installs the Monexit Desktop Software from the Provider's content delivery network.
6.3 An active internet connection is required for initial authentication, Software download, and periodic session verification. After installation, the Software operates predominantly offline as described in section 3.2.
7. Local Data Storage and Customer Responsibility
7.1 The Monexit Desktop Software stores all user-generated data -- including but not limited to financial records, transaction data, receipt images, document scans, portfolio information, cash counts, and any other data entered or processed by the Customer -- exclusively on the Customer's local end device. No user-generated data is transmitted to, stored on, or backed up to the Provider's servers or any cloud service.
7.2 The Provider has no access to, custody of, or control over any data stored locally by the Software on the Customer's device. The Provider is technically unable to retrieve, restore, reconstruct, or recover any locally stored data under any circumstances.
7.3 The Customer bears sole and exclusive responsibility for the safekeeping, backup, and protection of all data stored by the Software on their end device. The Customer is strongly advised to perform regular backups of the data directory used by the Software.
7.4 Subject to the mandatory provisions of Art. 100 OR (liability for intent and gross negligence cannot be excluded in advance), the Provider assumes no liability for loss, corruption, theft, unauthorized access, accidental deletion, or any other form of data loss affecting locally stored data. This exclusion applies regardless of the cause and includes but is not limited to:
- Hardware failure, damage, or destruction of the Customer's end device.
- Software errors, operating system failures, or third-party software interference.
- Malware, ransomware, viruses, or unauthorized third-party access to the Customer's device.
- Accidental or intentional deletion by the Customer or any other party.
- Data migration errors, operating system upgrades, or device replacement.
7.5 The Provider does not offer any data recovery, data restoration, or data backup services. Any request to the Provider for recovery of locally stored data cannot be fulfilled.
8. Usage Rights and License Conditions
8.1 Upon complete payment of the purchase price and successful license activation, the Customer acquires a non-exclusive, non-transferable, and temporally unlimited right to use the Monexit Desktop Software for the Customer's own financial management purposes, whether private or within the scope of their own professional or self-employed activities. The license does not entitle the Customer to provide financial services to third parties using the Software, nor to resell, sublicense, or commercially redistribute the Software or its output. The Standard license grants permanent access to all features of the Software. Once purchased, the license never expires and no renewal is required.
8.2 Use of the Software is exclusively limited to the Customer's end device, as described in sections 3.4 and 3.5. Use on more than one device simultaneously is prohibited.
8.3 The Customer is prohibited from making the Software or account credentials accessible to third parties, renting, lending, selling, distributing, sublicensing, reproducing, publicly performing, or otherwise duplicating or exploiting it.
8.4 Decompilation, disassembly, reverse engineering, or other reconstruction of the Software's source code is strictly prohibited, unless this is legally mandated (e.g., for establishing interoperability).
8.5 Any modification, adaptation, or processing of the Software without express written consent of the Provider is not permitted.
8.6 If the Customer violates these usage conditions, the Provider shall -- where the nature and severity of the violation reasonably permits -- issue a written warning and grant a reasonable cure period of no less than fourteen (14) calendar days before invoking license revocation. In cases of deliberate, repeated, or particularly severe violations (including but not limited to redistribution, reverse engineering, or credential sharing), the Provider is entitled to block or revoke the Customer's license with immediate effect. The Provider may initiate further legal action in all cases. No claim to refund of the purchase price exists if the license is revoked due to a violation attributable to the Customer.
8.7 Prohibited security attacks: Any attempt to compromise, circumvent, probe, or interfere with the security mechanisms of the Provider's systems is strictly prohibited. This includes but is not limited to:
Prohibited security attacks:
- Brute force attacks, credential stuffing, or automated login attempts against any endpoint or interface of the Provider's systems.
- Injection attacks of any kind, including SQL injection, cross-site scripting (XSS), LDAP injection, command injection, NoSQL injection, XML/XXE injection, format string injection, or path traversal attacks.
- Unauthorized access attempts, session hijacking, token forgery, or any attempt to access accounts, data, or functionality not belonging to the Customer.
- Denial-of-service attacks, rate limit evasion, request flooding, or any action intended to degrade or disrupt the availability of the Provider's services.
- Scanning, probing, or testing the vulnerability of the Provider's systems without express prior written authorization.
8.8 Consequences of security violations: The Provider's systems automatically detect, log, and record all attack attempts including the origin IP address, timestamp, attack type, and payload. Upon detection of any conduct described in section 8.7, the Provider reserves the right to take any or all of the following actions without prior notice:
Consequences of security violations:
- Immediate and permanent blocking of the offending IP address and all associated access.
- Immediate revocation of any license associated with the offending account, without refund.
- Referral of all recorded evidence (including IP addresses, timestamps, attack payloads, and any identifying information) to the competent Swiss law enforcement authorities and, where applicable, to international law enforcement agencies for criminal prosecution under the Swiss Criminal Code (StGB), in particular Art. 143 (unauthorized obtaining of data), Art. 143bis (unauthorized access to a data processing system), and Art. 144bis (damaging of data).
- Pursuit of civil claims for damages caused by the attack, including costs of investigation and remediation.
8.9 The provisions of sections 8.7 and 8.8 apply to all users and visitors of the Provider's systems, regardless of whether they hold a valid license or Customer account.
9. Warranty and Defect Liability
9.1 The Provider warrants that the Software substantially corresponds to the product description at the time of delivery and for a reasonable period thereafter (warranty period) and is fundamentally suitable for the intended use defined in these T&C.
9.2 However, the Software is provided "as is" and "as available". The Provider assumes no warranty that the Software is error-free, functions continuously, that all functions can be executed error-free at all times, or is compatible with every hardware and software environment of the Customer. In particular, minor deviations that do not substantially impair the Software's functionality are not defects.
9.3 Software defects that substantially impair functionality must be reported to the Provider immediately after discovery in writing with a detailed error description.
9.4 In case of a defect recognized by the Provider and capable of remedy, the Provider is entitled to remedy the defect at its own choice through subsequent improvement (e.g., software update or patch) or provide defect-free replacement delivery. If subsequent improvement or replacement delivery fails twice, the Customer may demand reasonable reduction of the purchase price (reduction). A right to rescission (withdrawal from contract) exists only for serious and irremediable defects.
9.5 The warranty expires if the Customer or third parties have made changes or improper interventions to the Software without the Provider's consent that caused the defect or make its remedy more difficult.
9.6 Claims exceeding the warranty claims mentioned in this section 9, particularly for damages compensation for indirect damages, consequential damages, lost profits, or data loss, are excluded -- subject to section 10.
10. Liability
10.1 The Provider is liable without limitation for damages caused by intentional or grossly negligent behavior of the Provider or its vicarious agents.
10.2 For simple negligence, the Provider is liable exclusively for violation of essential contractual obligations (cardinal obligations) whose fulfillment enables the proper performance of the contract in the first place and on whose compliance the Customer may regularly rely. In this case, the Provider's liability is limited to typically foreseeable damage that does not exceed the value of the Software's purchase price.
10.3 The Provider's liability for indirect damages, defect consequential damages, lost profits, business interruption, data loss, or data corruption is completely excluded to the extent legally permissible, unless the damage was caused intentionally or through gross negligence.
10.4 Subject to the mandatory provisions of Art. 100 OR, the Provider assumes no liability for the loss, corruption, theft, unauthorized access, or destruction of data stored locally on the Customer's device by the Software. As described in section 7, all user-generated data resides exclusively on the Customer's end device and the Provider has no technical means to access, recover, or restore such data. The Customer is solely responsible for maintaining backups and implementing appropriate security measures (e.g., firewall, antivirus software, disk encryption) on their end device.
10.5 The Provider assumes no liability for damages arising from improper use of the Software, non-compliance with system requirements, or failure to perform regular data backups by the Customer.
10.6 The Software is an aid for financial management; it does not replace professional financial or tax advice. The Provider assumes no liability for decisions or actions of the Customer based on the use of the Software or made in its context.
10.7 Liability for auxiliary persons (Art. 101 Para. 2 OR) is excluded to the extent legally permissible.
10.8 The Provider is not liable for technical disruptions, failures, or delays that lie outside its sphere of influence (e.g., internet disruptions, force majeure).
11. Support and Updates
11.1 The Provider strives to provide customer support. Support inquiries can be directed to the support contact points stated on the website. There is no entitlement to a specific response time.
11.2 The Provider reserves the right to provide updates, improvements, or error corrections for the Software. The Customer is encouraged to regularly install updates to ensure the best possible functionality, security, and stability of the Software. The Provider assumes no liability for problems arising from the use of outdated software versions.
11.3 The Provider reserves the right to discontinue the maintenance and further development of the Software at any time with reasonable notice. In case of termination of operations, reasonable steps will be taken to inform the Customer in advance.
11.4 Nature of the Perpetual License. The license granted to the Customer is perpetual in the sense that the right to use the most recently activated installed version of the Software on a compatible Windows 11 system does not expire by lapse of time. The perpetual nature of the license relates exclusively to the grant of usage rights and does not constitute an obligation of the Provider to offer ongoing support, updates, new versions, online infrastructure, license validation, or any other ancillary service for any specific duration.
11.5 Offline Validation Grace Period. Upon successful authentication of the Customer through the Monexit launcher, a secure authentication token is stored locally on the Customer's device using operating-system-provided credential protection. As long as this token is valid, the Software operates without contacting the Provider's validation server for a period of thirty (30) calendar days. Upon expiry of this period, re-validation against the Provider's server is required to continue using the Software. The Customer acknowledges that this mechanism is an essential and integral part of the licensing model.
11.6 Service Availability. The validation, authentication, payment, update, and download servers operated by the Provider (collectively the "Online Services") are provided on an "as available" basis. The Provider does not guarantee any specific uptime, latency, response time, or service level for the Online Services. Temporary unavailability, planned or unplanned downtime, maintenance windows, or interruptions of the Online Services shall not constitute a breach of contract, in particular as long as the offline grace period under section 11.5 enables uninterrupted use of the Software. Section 10 (Liability) applies in addition.
11.7 Cessation of Online Services, Insolvency and Bankruptcy. The Customer expressly acknowledges and accepts that the Provider may, at any time and without entitlement to a refund, permanently cease to operate one or more of the Online Services, including, without limitation, the license validation server, in particular but not exclusively in the event of (i) cessation of the Provider's business activity, (ii) insolvency, bankruptcy, debt restructuring, or similar proceedings concerning the Provider, (iii) regulatory, judicial, or administrative orders, (iv) loss of access to required third-party infrastructure or providers, (v) technical or economic infeasibility of further operation, or (vi) any other event of force majeure within the meaning of Swiss law. In such events, the Provider shall, where technically and legally feasible and at its sole discretion, use commercially reasonable efforts to release a final Software build that disables or removes the online license check so that the Customer may continue to use the most recently installed version locally; the Provider is, however, under no legal obligation to do so. No claim for damages, refund, price reduction, replacement service, or any other compensation shall arise against the Provider as a consequence of such cessation. The perpetual nature of the license under section 11.4 expressly does not entitle the Customer to ongoing support, updates, license validation, or any other Online Service. This allocation of risk is a material element of the contract and is reflected in the one-time price.
11.8 Fair Use of the Download and Update Infrastructure. The Software launcher, installers, and updates are distributed through the Provider's content delivery network and download servers, which form part of the Online Services referred to in section 11.6. The Customer may use this infrastructure only for the legitimate download and updating of the Software for their own licensed use. Automated, scripted, looped, or otherwise repeated or excessive downloading that is intended to place, or that in fact places, a disproportionate or abusive load on this infrastructure is prohibited, as is any attempt to circumvent, disable, or evade the technical safeguards (including rate limiting) that the Provider applies to protect it. Where the Provider identifies a pattern of such abusive downloading, it will, where the nature and severity of the conduct reasonably permits, first issue a warning to the affected account. If the abusive conduct continues or recurs after that warning, the Provider is entitled to temporarily or permanently block the offending account, IP address, or device from accessing the download and update infrastructure, without further notice and without any entitlement to a refund. This section 11.8 applies in addition to sections 8.7 and 8.8, which govern request flooding and other conduct intended to degrade the availability of the Provider's services.
12. Data Protection
12.1 The Provider commits to compliance with applicable data protection laws, particularly the Swiss Federal Act on Data Protection (DSG) of September 1, 2023 (nDSG) and, where applicable, the EU General Data Protection Regulation (GDPR).
12.2 Collection and Processing of Personal Data
Within the framework of contract conclusion and contract processing, the Provider collects and processes the following personal data of the Customer:
- Email address (for account creation, contract processing, license delivery, and communication).
- Payment data (via the chosen payment service provider; the Provider itself does not store complete credit card data).
- For license verification and session management (according to section 3.3): IP address at the time of authentication, operating system and client identifier, timestamp, and account identifier. This data constitutes pseudonymous data and serves exclusively to ensure contractual use of the Software and abuse prevention. No user profiles for marketing purposes are created or data used for purposes other than license management.
12.3 Purpose of Data Processing
The collected data is processed exclusively for the following purposes:
- Processing of the purchase contract for the software license.
- License activation and provision of contractually owed services.
- Management and technical assurance of license rights and session control for abuse prevention.
- Fulfillment of legal obligations (e.g., bookkeeping obligations).
- Communication with the Customer regarding the Software and contractual relationship.
12.4 Data sharing with third parties: Personal data is shared with third parties only when necessary for contract fulfillment (e.g., to payment service providers) or when legally obligated (e.g., to authorities). No sharing for third-party marketing purposes occurs.
12.5 Data security: The Provider takes appropriate technical and organizational measures to ensure the security of processed data and protect it from unauthorized access, loss, destruction, or alteration.
12.6 Rights of the data subject: The Customer has rights according to nDSG and GDPR to information, correction, deletion, restriction of processing, data portability, and objection. Requests regarding these rights should be addressed in writing to the Provider's email address specified in the preamble.
12.7 For more detailed information on data protection, the Provider refers to its separate privacy policy, which can be viewed on the website monexit.com. These T&C and the privacy policy form a unit regarding data protection.
13. Right of Withdrawal and Refund
13.1 According to Swiss law, there is generally no statutory right of withdrawal for the acquisition of software licenses or other digital content that is not delivered on a physical data carrier and whose access credentials are made accessible after purchase.
13.2 Since the Monexit Desktop Software is delivered as a digital license activated on the Customer's account, the right of withdrawal expires with the activation of the license and the beginning of the possibility to download and use the Software.
13.3 Voluntary Refund Policy
Notwithstanding the above, the Provider voluntarily offers a refund under the conditions specified in sections 13.4 through 13.7 below.
13.4 Refund Eligibility
The Customer may request a refund for a transaction if the following condition is met:
- The transaction was completed no more than 14 calendar days ago. A refund may be requested at any time within this 14-day period, even after the Monexit Desktop Software has been downloaded or installed.
Refund eligibility is evaluated at the time the request is submitted. Transactions that have already been refunded, or that fall outside the 14-day window, cannot be refunded again.
13.5 Refund Request Procedure
To request a refund, the Customer navigates to the Account page, opens the Payment History section, and clicks "Request Refund" next to the eligible transaction. The Customer will be asked to verify their identity by entering a 6-digit code sent to the registered email address.
Once submitted, every refund request is reviewed manually by the Provider. Approved refunds are processed within 5 business days and returned via the original payment method. The Customer will receive an email confirmation once the refund has been completed.
13.5.1 Refund Amount and Processing Fee
Any refund is limited to the purchase price actually paid by the Customer for the relevant license transaction, less a non-refundable processing fee of CHF 3.00 that covers the payment processor transaction costs incurred by the Provider. The refund shall in no event exceed the amount actually received by the Provider for that transaction. Where the Software was acquired at a reduced, discounted, or promotional price, the refund is calculated solely on the basis of the discounted price actually paid, and not on the regular list price. The processing fee applies to every refund, regardless of the refund amount or the Customer's refund history. For example, a license purchased for CHF 49.75 results in a net refund of CHF 46.75, while a license purchased for CHF 29.75 during a promotion results in a net refund of CHF 26.75 -- in each case after deduction of the processing fee.
13.6 Consequences of a Refund
Upon successful refund of a transaction, the Customer's license is revoked and access to paid features is suspended immediately.
- The license status is recalculated based on remaining non-refunded payments.
- If all payments have been refunded, the license is fully revoked.
- Access to paid features is lost until a new license is purchased.
13.7 Non-Refundable Circumstances
Refunds are not available in the following situations:
- More than 14 calendar days have passed since the transaction date.
- The transaction has already been refunded.
- The payment was made by a third party without authorization (the Customer should contact their bank or card issuer for disputes of this nature).
13.8 Beyond the voluntary refund policy described above, a refund occurs exclusively when required by mandatory legal provisions or in case of a defect recognized by the Provider and irremediable according to section 9.4 of these T&C where a right to rescission exists.
13.9 Abuse Prevention and Refund Request Limits
To prevent economic abuse of the refund system (including but not limited to repeated purchase-refund cycles intended to cause transaction fees without genuine product evaluation), the Provider enforces the following limits on refund requests:
- Rolling 30-Day Limit: A maximum of 2 refund requests may be submitted within any rolling 30-calendar-day period.
- Lifetime Limit: A maximum of 3 refund requests may be submitted per account over the entire lifetime of that account.
Once either limit is reached, no further refund requests may be submitted until (i) in the case of the 30-day limit, previous requests fall outside the 30-day window, or (ii) in the case of the lifetime limit, the limit is permanently exhausted.
13.9.1 Cross-Account Fraud Prevention
To prevent circumvention of the per-account limits through the creation of multiple accounts, the Provider also tracks refund request patterns across accounts based on network identifiers (IP addresses). The following cross-account limits apply:
- IP-Based Lifetime Limit: A maximum of 5 refund requests may be submitted from the same network address (IP) across all accounts, ever.
- Distinct Account Limit: A maximum of 3 distinct accounts may submit refund requests from the same network address.
Once either cross-account limit is reached, no further refund requests may be submitted from that network, regardless of account status or per-account limits. This measure specifically targets multi-account abuse schemes where individuals create new accounts to reset their refund quotas.
The Provider's systems automatically track refund request patterns. Accounts exhibiting abuse patterns (including excessive refund requests, coordinated activity across multiple accounts, or other conduct suggesting intentional exploitation of the refund policy) may be flagged for review. The Provider reserves the right to deny refund requests that appear to constitute abuse, even if they would otherwise meet the eligibility criteria of section 13.4.
Deliberate or systematic abuse of the refund system -- including but not limited to creating multiple accounts to circumvent refund limits, automated purchase-refund cycles, or any pattern of conduct designed to impose transaction costs on the Provider without genuine intent to use the Software -- constitutes a material breach of these T&C and may result in immediate account termination, permanent exclusion from future purchases, and pursuit of damages in accordance with applicable law.
14. Copyright and Intellectual Property Rights
14.1 The Monexit Desktop Software, including all associated programs, source codes, user interfaces, documentation, manuals, and all other content and materials, is protected by copyright and is the sole property of Sivcic Research, Sole Proprietorship.
14.2 The distribution, reproduction, or publication of the Software or parts thereof, except within the framework of the usage rights granted in these T&C, is prohibited and constitutes a violation of copyright.
14.3 All trademarks, logos, and other identifying marks used in connection with the Software or the website monexit.com are the property of Sivcic Research or its licensors and may not be used without prior written consent.
15. Changes to the T&C
15.1 The Provider reserves the right to adapt and change these T&C at any time. Material changes will be communicated to the Customer in a timely manner before they take effect via email or through a clear notice on the website monexit.com.
15.2 Changes that do not materially affect the Customer's rights or obligations (e.g., clarifications, formatting, or typographical corrections) are considered accepted if the Customer does not object within ten (10) days of notification. Material changes -- including but not limited to modifications of liability, warranty, usage rights, or pricing -- apply only to contracts concluded after the effective date of the revised T&C. For existing Customers, material changes require the Customer's express consent.
16. Final Provisions
16.1 Should individual provisions of these T&C be wholly or partially invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that comes closest to the economic purpose of the original provision. The same applies to regulatory gaps.
16.2 Swiss law exclusively applies to all contracts subject to these T&C. The provisions of UN sales law (CISG) do not apply.
16.3 Jurisdiction: The exclusive place of jurisdiction for all disputes arising from or in connection with these T&C or contracts for the acquisition of the Software is the Provider's registered office, i.e., St. Gallen, Switzerland, unless mandatory legal provisions prescribe another place of jurisdiction.
16.4 Geographic scope of license granting: The Provider currently distributes the Monexit Desktop Software exclusively to customers with residence or business seat in Switzerland. However, the Provider reserves the right to expand the geographic scope of license granting in the future. For customers outside Switzerland who unlawfully acquire the Software, the Provider assumes no liability for compatibility, functionality, or compliance with local laws.
For questions regarding payments, refunds, or these terms, contact payment@monexit.com.