Terms and Conditions for the Use of the ONA Employee App

1.1 These Terms and Conditions apply to the use of the ONA Employee App (“ONA App”) by employees, freelancers, temporary staff, working students, apprentices, and other persons invited by an employer (“Users”).

1.2 The ONA App is operated by FREA OS GmbH (“ONA”, “we”, “us”). Use of the ONA App requires that the relevant employer or other authorized contractual partner (“Employer”) has set up the use of ONA for its organization and that the Users have been invited to use it.

1.3 These Terms and Conditions exclusively govern the use of the ONA App by Users. They do not establish an employment relationship between Users and ONA. Rights and obligations under the employment contract exist exclusively between Users and their respective Employer.

1.4 Separate contractual terms apply to Employers, companies, and other contractual partners of ONA, in particular SaaS, license, services, and where applicable data processing agreements.

2.1 The ONA App supports digital HR, scheduling, time-tracking, onboarding, and payroll-related processes. Depending on the features booked and activated by the Employer, the ONA App may, in particular, provide the following functions:

• a)display of shifts, working times, and locations of work;
• b)time tracking, clock-in/clock-out, and break management;
• c)absence, vacation, and sick-leave functions;
• d)communication and exchange of information with the Employer;
• e)onboarding, profile, and document functions;
• f)display or transmission of payroll-relevant information;
• g)further HR and organizational functions.

2.2 The actual scope of functions depends on the Employer’s settings, the relevant user profile, the activated modules, and technical availability.

2.3 ONA does not provide legal, tax, or payroll-accounting advice to Users through the App. Information shown in the App serves the digital recording, processing, display, or preparation of information and does not replace individual advice from the Employer, tax advisors, legal advisors, or competent authorities.

3.1 Use of the ONA App requires an invitation from the Employer or another authorized entity. Users may only register or sign in with the email address designated for the invitation or for their user profile.

3.2 Users are obliged to provide complete, correct, and up-to-date information when registering and using the App, to the extent that such information is required for the use of the App.

3.3 Access credentials, login codes, and other means of authentication may not be passed on to third parties. Users are obliged to protect their access credentials against unauthorized access.

3.4 If there is a suspicion that access credentials have been compromised or that the account has been used without authorization, ONA or the Employer must be informed without undue delay.

3.5 ONA implements appropriate technical safeguards to prevent unauthorized access, misuse, and security risks.

4.1 Users may use the ONA App only within the scope of the intended purpose and the permissions assigned to them.

4.2 In particular, Users must not:

• a)make false, misleading, or manipulated entries;
• b)record, modify, or transmit time records, absences, documents, or other data in an abusive manner;
• c)share access credentials with third parties or use other persons' accounts;
• d)circumvent, disrupt, or manipulate technical safeguards;
• e)use the App for unlawful, harassing, fraudulent, or harmful purposes;
• f)use malware or carry out automated queries, scraping, reverse engineering, or other abusive technical interference, except where mandatory law expressly permits this.

4.3 Users are responsible for reviewing their entries before submission. If information has been recorded incorrectly, it must be corrected without undue delay through the available functions or notified to the Employer.

4.4 The Employer remains responsible for work-organizational decisions, approvals, reviews, and employment-law measures. This applies in particular to scheduling, the assessment of working time, vacation approvals, absences, and payroll-relevant reviews.

5.1 Where the ONA App provides functions for time tracking, the display of shifts, or the transmission of payroll-relevant information, these functions serve to digitally support the processes between Users and the Employer.

5.2 The legal assessment of working times, breaks, supplements, absences, remuneration claims, or other employment- and payroll-relevant matters is not carried out by ONA vis-à-vis Users, but by the Employer or by entities commissioned by the Employer.

5.3 Information displayed in the App is informational in nature so long as a review, approval, or correction by the Employer is still pending.

5.4 Users are obliged to notify the Employer without undue delay of any discrepancies, obvious errors, or incomplete information.

6.1 Where Users can upload or transmit documents, evidence, profile information, or other content via the ONA App, they are responsible for ensuring that this content is correct, complete, and lawful.

6.2 Users must not upload or transmit content that is unlawful, infringes third-party rights, contains malware, or is not necessary for the intended HR and work process.

6.3 ONA may carry out technical checks to ensure security, file formats, availability, or protection against misuse. ONA does not perform a substantive legal review of user content.

7.1 ONA endeavors to operate the App reliably and securely. However, uninterrupted or error-free availability cannot be guaranteed at all times.

7.2 Restrictions may arise in particular from maintenance, updates, security measures, disruptions of the technical infrastructure, force majeure, third parties, app-store platforms, internet connections, or the Users’ end devices.

7.3 To use the App, Users require a compatible end device, a current or supported operating-system version, and an internet connection. Users are themselves responsible for the technical functionality of their end device and their internet connection.

7.4 ONA may provide updates that are necessary for the security, stability, compatibility, or further development of the App. Certain functions may only be used with a current version of the App.

8.1 ONA may further develop the App and may change, supplement, or remove functions, provided that the legitimate interests of Users are appropriately taken into account.

8.2 Changes may be required in particular to implement technical improvements, security measures, legal requirements, integrations, new modules, or adjustments to app-store requirements.

8.3 Where material changes have an impact on use, Users or the Employer will be informed in a suitable manner.

9.1 ONA may temporarily restrict or suspend access to individual functions or to the user account if:

• a)a security risk exists;
• b)there is a reasonable suspicion of misuse;
• c)Users breach these Terms and Conditions;
• d)the Employer revokes access or instructs ONA to do so, or the underlying employment or authorization relationship ends;
• e)statutory or regulatory requirements make this necessary.

9.2 Suspension shall, where possible and appropriate, take into account the interests of the affected Users and of the Employer.

10.1 Personal data is processed when the ONA App is used. Information on this can be found in the ONA privacy policy at https://www.ona.so/de/legal/privacy and, in English, at https://www.ona.so/en/legal/privacy.

10.2 Where ONA processes personal data on behalf of the Employer, this is done on the basis of the data processing agreement in place between ONA and the Employer.

10.3 The Employer remains, to the extent provided by law, the controller responsible for the processing of employee data. ONA processes such data within the scope of the contractually agreed services and in accordance with applicable data protection laws.

10.4 Users may direct data-protection-related questions to ONA or to their Employer. Details follow from the privacy policy applicable in each case.

11.1 The ONA App, including software, designs, user interfaces, database structures, texts, trademarks, logos, and other content, is legally protected.

11.2 Users are granted a simple, non-exclusive, non-transferable, and revocable right to use the ONA App within the scope of these Terms and Conditions and the permissions assigned to them.

11.3 Any further use, reproduction, modification, distribution, public communication, or other exploitation is not permitted unless expressly allowed or mandatorily required by law.

12.1 ONA shall be liable without limitation in cases of intent and gross negligence, in cases of injury to life, body, or health, and under mandatory statutory provisions.

12.2 In the case of slight negligence in the breach of material contractual obligations, ONA shall be liable only for typical and foreseeable damage. Material contractual obligations are those obligations whose fulfilment makes the proper use of the App possible in the first place and on whose observance Users may reasonably rely.

12.3 In all other respects, ONA’s liability is excluded to the extent permitted by law.

12.4 ONA is not liable for decisions, acts, or omissions of the Employer, in particular not for employment-law, organizational, remuneration-related, or payroll-related decisions.

12.5 To the extent ONA is not responsible for the relevant damage, ONA shall in particular not be liable for damage caused by inaccurate information provided by Users, unauthorized use of access credentials, disruptions of the internet connection, end-device problems, or third-party services for which ONA is not responsible.

13.1 The provision and use of the App may depend on third parties, in particular app-store operators; hosting, cloud, and storage providers; infrastructure providers; email service providers; and analytics, security, or integration providers.

13.2 The terms of the relevant platform operators may apply additionally to app-store platforms.

13.3 Where the Employer activates integrations with third-party systems, the use of individual functions may depend on the availability and the terms of those third-party providers.

14.1 The right to use the App ends when the Employer revokes access, when the underlying employment or use relationship ends, when the Employer ceases to use ONA, or when ONA validly suspends access.

14.2 After the right to use the App ends, certain data or functions may no longer be accessible. Statutory retention, evidentiary, and erasure obligations remain unaffected.

14.3 Users may direct questions regarding their employment-related data to their Employer. Data protection rights remain unaffected.

15.1 ONA may amend these Terms and Conditions where this is necessary due to legal, technical, organizational, or functional changes and where Users are not unreasonably disadvantaged thereby.

15.2 Material changes will be communicated to Users in a suitable manner.

15.3 Where consent is required, ONA will obtain such consent before the changes take effect.

16.1 The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

16.2 Mandatory statutory consumer protection provisions remain unaffected to the extent they apply.

17.1 ONA is neither obliged nor willing to participate in dispute-resolution proceedings before a consumer dispute resolution body, unless required to do so by law.

18.1 Should individual provisions of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected. The statutory provisions shall apply in place of the invalid provision.

18.2 The contract language is German. An English translation may be provided for information purposes; in the event of discrepancies, the German version shall prevail.