Terms and Conditions

Version: 8 Feb 2026
Effective Date: the date the Customer completes checkout (or otherwise accepts these Terms electronically).

Provider: Mojo Innovation AG, Beethovenstrasse 41, 8002 Zurich, Switzerland (“Mojo”, “Provider”, “we”, “us”).
Customer: the professional or business entity completing checkout or otherwise accepting these Terms (“Customer”, “you”).
Parties: each a “Party”, together the “Parties”.

These Terms govern your access to and use of the evooia software-as-a-service platform.

1. Definitions

• Services / Platform: evooia software services provided by Provider, including the web application and related mobile app functionality as made available to Customer, updates, and any support we choose to provide.
• Authorized Users: Customer’s employees and contractors who are authorized to access the Services under Customer’s account.
• Customer Data: all data submitted to or generated in the Services by or on behalf of Customer, including patient/client-related data.
• Documentation: help articles and in-product guidance made available by Provider.
• Subscription Term: the subscription period selected at checkout and any renewals.

2. Scope and access

2.1 Right to use

During the Subscription Term and subject to payment of applicable fees and compliance with these Terms, Provider grants Customer a non-exclusive, non-transferable right to access and use the Services for Customer’s internal business purposes by Authorized Users.

2.2 Account and access rules

• Each Authorized User must use an individual account. Sharing credentials is not permitted.
• Customer is responsible for maintaining the confidentiality of credentials and for all activity under its accounts.
• Customer will ensure Authorized Users comply with these Terms.

2.3 Restrictions

Customer must not (and must not permit any third party to):

• resell, rent, or sublicense the Services;
• reverse engineer, decompile, or attempt to derive source code except where mandatory law permits and only to the extent permitted;
• interfere with or bypass security controls, rate limits, or access restrictions;
• use the Services to build a competing product or publish benchmarking results without Provider’s written consent;
• introduce malware or misuse the Services in a way that disrupts systems or unlawfully accesses data.

3. Professional responsibility (no medical advice)

The Services support administrative and communication workflows and may store or present content provided by Customer or end users (e.g., patients/clients). The Services do not provide medical advice, diagnosis, or treatment recommendations.

Customer remains solely responsible for:

• professional decisions and the services it provides to patients/clients;
• obtaining all required consents/authorizations (including for image capture, sharing, and communications); this applies even if the app provides consent features – the ultimate responsibility remains with the user;
• complying with applicable laws, professional duties, and record-retention obligations.

4. Fees, billing, and payment (Stripe)

4.1 Fees

Customer pays the fees displayed at checkout or in the billing portal (“Fees”). Fees are charged in advance at the start of each billing cycle.

4.2 Payment method and recurring billing

Payment is processed via Provider’s payment processor (e.g., Stripe). By subscribing, Customer authorizes Provider and its processor to charge the selected payment method on a recurring basis (monthly or annually, as selected).

4.3 Taxes (incl. VAT)

Fees are exclusive of VAT and other applicable taxes unless stated otherwise. Provider may add applicable taxes where required by law. Customer is responsible for any taxes associated with its purchase, except taxes on Provider’s income.

4.4 Changes, upgrades, and downgrades

Customer may change the subscription (e.g., seats/plan) via the billing portal where available. The billing treatment of upgrades/downgrades follows what is shown in the billing portal at the time of change (including any proration).

4.5 Failed payments; suspension for non-payment

If a payment fails or becomes overdue, Provider may suspend access to the Services until payment is received.

4.6 No refunds

Except where required by mandatory law or explicitly stated in the billing portal, Fees are non-refundable and unused periods are not refunded.

4.7 Price changes

Provider may change Fees for renewals. If Fees change, Provider will provide notice (e.g., in-app or by email) at least 30 days before the change takes effect. The updated Fees will apply from the next renewal. If Customer does not agree, Customer may cancel renewal before the new Fees apply.

5. Term, renewal, cancellation, termination

5.1 Term

The Subscription Term begins on the Effective Date and continues for the selected period (monthly or annual).

5.2 Auto-renewal

Subscriptions renew automatically for the same period unless Customer cancels renewal before the end of the then-current billing cycle.

5.3 How to cancel

Customer may cancel renewal via the billing portal or by contacting Provider via the support/billing contact shown in the Services. Cancellation stops future renewals; access continues until the end of the current paid period.

5.4 Termination for cause

Either Party may terminate these Terms for material breach if such breach is not cured within thirty (30) days after written notice.

5.5 Effect of termination; export and deletion

• Upon termination or expiration, Customer’s right to access the Services ends (except for any limited access expressly provided for export).
• Upon request made within 30 days after termination, Provider can provide an export of Customer Data in a commonly used format where reasonably feasible. Exports are provided as a paid professional service and will be billed at Provider’s then-current rates (on a time and materials basis), unless the billing portal explicitly includes self-service export for no additional charge.
• After the export window, Provider will delete or anonymize Customer Data within 90 days, unless retention is required by law, required for security/abuse prevention, or required to resolve disputes or enforce these Terms.

6. Data protection and security

6.1 Roles

For personal data processed on behalf of Customer within the Services, Customer is the Controller and Provider is the Processor.

6.2 Data Processing Addendum (DPA) as separate document

The Data Processing Addendum (DPA) is a separate document and forms part of the agreement between the Parties for data protection matters. If there is a conflict between the DPA and these Terms on data protection topics, the DPA prevails.

6.3 Security measures

Provider implements appropriate technical and organizational measures designed to protect Customer Data, such as encryption in transit and at rest, access controls, and backups. No method of transmission or storage is 100% secure; Provider does not guarantee absolute security.

7. Support and availability (no uptime commitment)

Provider may provide support through the channels described in the Services or Documentation. The Services are provided on an "as available" basis.

Planned maintenance may affect availability; where practical, Provider may provide advance notice.

8. Intellectual property and Customer Data

8.1 Provider IP

Provider retains all intellectual property rights in and to the Services, Documentation, and all improvements or derivative works thereof.

8.2 Customer Data

Customer retains all rights in Customer Data. Customer grants Provider a limited, worldwide, non-exclusive license to host, process, transmit, and display Customer Data solely to provide, secure, and support the Services and to comply with law.

8.3 Feedback

If Customer provides feedback or suggestions, Customer grants Provider a royalty-free, irrevocable, worldwide license to use them to improve the Services, without obligation.

9. Acceptable use; suspension

Customer will not use the Services unlawfully or in violation of these Terms. Provider may suspend or restrict access (in whole or in part) if:

• required by law or government order;
• necessary to address a security risk, abuse, or suspected compromise;
• Customer is in material breach (including non-payment).

Where practical, Provider will provide notice and work with Customer to restore access promptly after the issue is resolved.

10. Confidentiality

Each Party may receive Confidential Information from the other Party. Each Party will:

• protect the other Party’s Confidential Information using reasonable care; and
• use it only to perform under these Terms.

Confidential Information does not include information that is publicly available without breach, independently developed, or rightfully obtained from a third party without confidentiality obligations.

11. Warranties and liability

11.1 Disclaimer

To the maximum extent permitted by law, the Services are provided “as is” and “as available”. Provider disclaims all warranties, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

11.2 No exclusion of mandatory liability

Nothing in these Terms limits liability for intent, gross negligence, fraud, or any liability that cannot be excluded or limited under applicable law.

11.3 Limitation of liability

To the maximum extent permitted by law:

• Provider is not liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenues, or data, arising out of or related to these Terms.
• To the extent permitted by applicable law, Provider’s liability for auxiliary persons is fully excluded.
• Provider’s total aggregate liability arising out of or relating to these Terms is limited to the Fees paid by Customer for the Services in the twelve (12) months preceding the event giving rise to the claim.

12. Indemnity

Customer will indemnify and hold Provider harmless from third-party claims arising from Customer Data or Customer’s unlawful use of the Services, except to the extent caused by Provider’s breach.

13. Changes to the Services and Terms

Provider may update the Services and these Terms from time to time. If a change to these Terms is material, Provider will provide notice (e.g., in-app notice or email) and the updated Terms will take effect on the stated effective date. If Customer does not agree to the updated Terms, Customer may cancel renewal before the updated Terms take effect.

14. Notices

Legal notices under these Terms must be sent:

• To Provider: Mojo Innovation AG, Beethovenstrasse 41, 8002 Zurich, Switzerland, and by email to info@mojo-innovation.com (or another address specified in the Services).
• To Customer: to the email address associated with Customer’s account or via the billing portal.

Notices are deemed received when delivered (email: when sent, absent bounce-back; postal: upon delivery confirmation or 5 business days after sending, whichever is earlier).

15. Miscellaneous

• Force majeure: Neither Party is liable for delays or failures due to events beyond reasonable control.
• Assignment: Customer may not assign these Terms without Provider’s prior written consent. Provider may assign these Terms in connection with a merger, acquisition, reorganization, or sale of substantially all assets.
• Severability: If any provision is unenforceable, the remaining provisions remain in effect.
• Entire agreement: These Terms, together with the DPA and any checkout/billing portal terms presented at purchase, form the entire agreement regarding the Services.
• Survival: Sections intended to survive (including Fees owed, confidentiality, IP, export/deletion mechanics, and liability) survive termination.

16. Governing law and jurisdiction

These Terms are governed by Swiss law. Exclusive jurisdiction is the competent courts of Zurich, Switzerland.