General Terms and Conditions
General Terms and Conditions regulate the use of our platform. Because the terms and conditions may contain some legalese (no harm intended, it is just our lawyer) we add in the right column some plain English explanations. Please note, the only binding terms and conditions are those below.
These General Terms and Conditions (“GTC”) are the basis of and form an integral part of the contractual relationship between you, the Customer (hereinafter “Customer”), and Nektoon AG, Zurich, Switzerland (hereinafter “Service Provider”). The Customer accepts these General Terms and Conditions as binding Conditions as binding on him or her with the purchase of services from the Service Provider and/or the signing of a contract with the Service Provider. It is prohibited to the Customer to assign this contract or the rights thereof to a third party or to allow a third party to make use of it.
The General Terms and Conditions, referred to as GTC, set out the rules that govern the use of this platform.
2. Subject of the Contract
Subject of the contract between the Customer and the Service Provider is the use of the Squirro Application (hereinafter “Application”) in its respective availability and configuration (on an “as is” basis) operated by the Service Provider as stand alone Web application or as an extension to your business application as for free use or against payment (See section 4). Your use of your business application is subject to (a) separate agreement(s) / contract(s) with the provider of the business application.
The actual subject of this contract is your use of this platform. Either you use the free version of this platform or a paid version (see section 4).
3. Use of the Application
The Customer may use the Application to harvest relevant content references from multiple sources, and eventually to store data on a data storage device under control of the Customer. The Service Provider is not liable for the quality the content references delivered. The storage of the data on devices under the control of the Customer is under the sole responsibility of the Customer. Support of the Application is provided by e-mail to email@example.com. Support is provided on a 3 business day basis.
In using the Application, the Customer is obliged to observe all rules of law, morals, and public decency, which explicitly or implicitly apply in Switzerland. The Customer explicitly accepts the Service Provider’s right to assert observance of law, morals, and public decency by legal (such as immediate termination of the contract or criminal complaints) and technical means (such as banning of access or deletion of the account) available to the Service Provider and the Application and to use its own concepts of morals and decency in doing so, as long as these concepts are within the legally allowed tolerance in Switzerland.
In case a Customer or any user notes abusive behavior on the Application please notify the Service Provider at firstname.lastname@example.org or email@example.com.
If you use our platform you agree to obey the law. In case you note something fishy we kindly as you to drop us a line.
4. Term and Fees
The Customer pays a fee to the Service Provider for the use of the Application for a limited term. The amount of this fee and the respective term are determined by the rates and conditions published on the Application at the time of the conclusion of the contract or the purchase of particular services on the Application or, in case of the Customer applying for an automatic renewal, at the time of each renewal. All fees become due immediately upon the beginning of the term of use, for which they are owed. However, the Service Provider is at liberty to refuse any use of the Application until full payment of all agreed fees. Any reimbursement of paid fees in part or as a whole is excluded under any circumstances.
As laid out in section 2, our platform is offered for free or as a paid service. In case you opt for a paid plan, we simply ask you to pay immediately, as our costs also accrue immediately.
Subject to prior or automatic renewal, the Customer’s right to use the Application or particular Services will expire automatically by the end of such term as published at the time of the conclusion of the contract or the purchase of particular Services on the Application. In case of any use of the Application or particular Services free of charge, the Service Provider may revoke the Customer’s rights any time at its sole discretion.
In the event of any breach of these terms and conditions (in particular, but not limited to, sections 3 and 4 hereinabove) or any unlawful use of the Application or Services by the Customer, the Service Provider is authorized, at its convenience, to suspend the use of the Application or any Services or to terminate the contract with immediate effect without any prejudice to any direct or indirect damages to which the Service Provider may be eligible. Termination under the conditions of this clause shall not entail compensation of any kind to the benefit of the Customer.
Additional reasons for termination may arise (without limitation) if the Customer requests the deletion of his or her account deletion or after a prolonged period of account inactivity (determined in Nektoon AG’s sole discretion).
No need for a long term commitment. You may terminate the contract as explained here. In case you disobey the GTC we may terminate the contract, too.
6. Data and Data Protection
Communication over the Application which are accessible by the public at large (for example, with a web form) is made unencrypted over the Internet and may be read with simple technical means by third persons, and are clearly related not only to the sender but also to the recipient. The same applies to the delivery of an Email to the Service Provider. It is therefore strongly inadvisable to communicate confidential information to the Service Provider or to third parties over the Application or by Email.
The Customer is obliged to state all personal information published by him on the Application correctly and to keep it updated. The Service Provider is entitled, but not obliged, to verify this data with all appropriate measures. The Customer is obliged to assist in such verification procedure within a reasonable limit.
Your data is important to us. We do everything to protect it. We ask you to do the same (e.g. login data). It’s safer for all of us.
7. Intellectual Property
Except for references expressly to the contrary, all data, works, inventions, designs, concepts, ideas and other elements of this Application belong exclusively to the Service Provider.
Any use of the Intellectual Property including for personal purposes, is prohibited. The only exception is personal, non-commercial viewing of the Application by means of commercially available and non-modified browser software or applications and software provided by the Service Provider, as well as the preparation of a single print on paper solely for personal use. In case of infringement the Service Provider is entitled to judicial enforcement and restitution of the legal status in addition to any claim for compensation.
The Customer grants to the Service Provider free of charge a non-exclusive, worldwide, and irrevocable right for commercial use and utilization in an anonymous form of the data submitted by the Customer to the Service Provider in the context of the Application.
Your data is your data. Full stop. For the platform to process your data, you need to grant us the right to use your data in the context of this platform. Plus, this platform is the result of our ideas and sweat. So of course the intellectual property of the platform belongs to us.
8. No Warranty for Application and Availability
The Service Provider does not warrant or covenant the availability and functionality of the Application. All contents of the Application are supplied without guarantee.
The Service Provider is furthermore entitled to make changes to the Application at any time without advance warning, to restrict availability of the Application or to interrupt its operation temporarily. The Customer is not entitled to any specific availability or functionality of the Application and is in particular not entitled to the reclaim of paid fees or to the withdrawal from the contract at any time and under any circumstances.
Although the Service Provider makes all reasonable efforts to keep its systems clear of any viruses or any other malicious code, it cannot guarantee the integrity of its systems. For his or her own protection, the Customer has to take the necessary security precautions and in particular has to use an up-to-date antivirus-software when up- or downloading data or information.
You have to break an egg to make an omelet, that is errors may happen.
9. Third Party Providerse
The Service Provider may grant to third party providers the opportunity to advertise their products and services on the Application. Any contact between the Customer and such third party providers and possible business and contractual relationships with the latter are solely the Customer’s responsibility.
The free plans may in the future come with ads. We don’t intend to but then the operation of such a platform is not for free.
The Customer is liable for all data transmitted by him or her to the Application and indemnifies the Service Provider against any and all claims of third parties arising from violations of rights in relation to data submitted by the Customer. The Customer is liable for all actions, which are undertaken on the Application under his identity (in particular user name and password) and indemnifies the Service Provider against all claims arising from these actions. The Service Provider’s liability against the Customer is excluded insofar as legally possible and allowed.
This is your personal digital research assistant. Keep your data private. In case of contempt we may claim damages incurred.
11. Applicable Law and Place of Jurisdiction
The contractual relationships between the Customer and the Service Provider are governed by the substantive laws of Switzerland under exclusion of conflict of law provisions. Exclusive Place of Jurisdiction is Zurich, Switzerland.
We are a Swiss based company. Accordingly Swiss law applies.
The Service Provider shall reserve the right to modify these General Terms and Conditions at any time without indicating any reasons. The Customer will be notified in due time ahead of the change. Current version: version 1.0; June 2012.
In case of modifications of these terms you will be duly notified.
13. Contact Us
Questions regarding these General Terms and Conditions should be directed to the Service Provider by email (firstname.lastname@example.org) or by mailing Nektoon AG, Badenerstrasse 120, CH – 8004 Zurich, Switzerland.