Disclaimer: [See Paragraph 8 below]
Last updated : 29 November 2023
Please read carefully
By accessing www.swissai.com (“Site”) you confirm that you are a business user over the age of 18 years and permitted to use this Site, and you agree to be bound by all of the following terms and conditions of use (“Terms”). These Terms constitute a legally binding agreement between you and Swiss AI AG (together with its affiliates, “SwissAI”, “we,” “our” or “us”) governing your use of our website and receipt of the SwissAI newsletter (the “Site” and collectively with the foregoing, the “Services”). If you accept or agree to these Terms on behalf of your employer or another legal entity, you represent and warrant that (i) you have full legal authority to bind your employer or such entity to these Terms; (ii) you have read and understand these Terms; and (iii) you agree to these Terms on behalf of the party that you represent. In such event, “you” and “your” will refer and apply to your employer or such other legal entity.
These Terms govern your access to the Site except where there are separate terms and conditions relevant to particular areas of this Site, which may include access to SwissAI’s proprietary software-as-a-service platform and related services. If you do not agree to abide by these Terms, then we may not be able to provide you with access to the Services.
These Terms, together with our Privacy and Cookie Policies, available at https://www.swissai.com/privacy-policy/ and https://www.swissai.com/cookie-policy/ respectively, set out the basis on which we will collect, use and disclose certain personal information from you. Your use of this Site signifies your understanding and acceptance of the terms of these Terms.
We may from time to time modify these Terms and will post a copy of the amended Terms on this Site. You will be bound by such updated Terms from the time they are posted on this Site. We suggest that you to periodically visit this Site and this web page to ensure that you are up to date with any changes that have been made.
Swiss AI AG
Business Identification Number: (CHE148.555.662)
SwissAI (Headquarters):
Poststrasse 24
6302 Zug
Switzerland
Tel. +41 41 210 1195 / +41 43 244 98 93
info@swissai.com / office@swissai.com
Please go to the contact page to get in touch with SwissAI.
We reserve the right to restrict certain areas of this Site to approved registered users. In the event that any area of the Site requires you to register with us prior to obtaining access, you agree to provide true, accurate, current and complete details, including but not limited to a member name and password as well as your name, address, telephone number and a valid email address (“Account Information”). You agree to update your Account Information as necessary to keep it accurate. SwissAI will use your Account Information in accordance with its Privacy Policy.
You agree to notify us immediately of any unauthorised use of your member name, password or account. SwissAI will not be responsible for any losses arising out of the unauthorised use of your account and you agree to indemnify SwissAI for any improper, unauthorised or illegal uses of your account.
Any use of the Site not specifically permitted under these Terms is strictly prohibited.
You acknowledge that SwissAI owns or has a license to all title and copyright in and to the content provided on this Site. All title and intellectual property rights in and to any licensed content provided on this Site is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties. You may not copy, download, use, redesign, reconfigure, or retransmit anything from the Site without SwissAI’s express prior written consent and, if applicable, the holder of the rights to the User Generated Content.
Any modification, transmission, copying or use of the content of this Site for public or commercial purposes is prohibited. The following are registered trademarks or trademarks of SwissAI: SwissAI and its design logo, as well as certain other SwissAI trademarks, service marks, graphics, and logos (collectively, the “SwissAI trademarks”) used in connection with SwissAI’s provision of products and services. The site may contain third-party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to the SwissAI trademarks or the trademarks of any third-party.
“Confidential Information” shall mean any and all of SwissAI’s trade secrets, confidential and proprietary information, intellectual property and all other information and data of SwissAI that is not generally known to the public or other third-parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, strategic and other proprietary and confidential information relating to SwissAI or SwissAI’s business, operations or properties, including information about SwissAI’s staff, users or partners, or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.
You may not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information to any third-party, unless you have SwissAI’s express written permission from an authorised SwissAI representative. You shall not be entitled to rely on any presumption that a person was suitably authorised as a SwissAI representative unless they were, in fact, suitably authorised. You shall promptly notify SwissAI in writing of any circumstances that may constitute unauthorised disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorised disclosure, transfer or use.
You agree that you will not: (i) use the Site to reproduce, transmit, display or distribute copyrighted material in any medium or via any method without SwissAI’s express written permission; (ii) copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided on this Site; or (iii) use our Site in any way that violates these Terms.
You agree that you will not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, screen scraping, database scraping, or any other activity with the purpose of obtaining lists of users or any other information; (c) send chain letters or pyramid schemes via the Site; (d) attempt to gain unauthorised access to other computer systems through the Site; (e) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site; (f) use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site; (g) using the Site for any purpose or in any manner that infringes the rights of any third-party; or (h) attempt to decipher, decompile, disassemble or reverse engineer any of the software or algorithms used to provide the Site.
"User Generated Content” is defined as any content, information, data, and materials that may be textual, audio, or visual that you provide, submit, upload, publish, or make otherwise available to the Services and our users, excluding SwissAI proprietary information. You acknowledge and agree that SwissAI:
You hereby represent and warrant to SwissAI that your User Generated Content (i) will not be false, inaccurate, incomplete or misleading; (ii) will not infringe on any third-party’s copyright, patent, trademark, trade secret or other proprietary right or rights of publicity, personality or privacy; (iii) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, false advertising, anti-spam or privacy); (iv) will not be defamatory, unlawfully threatening, or unlawfully harassing; (v) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (vi) will not represent you being employed or directly engaged by or affiliated with SwissAI or purport you to act as a representative or agent of SwissAI; and (vii) will not create liability for SwissAI or cause SwissAI to lose (in whole or in part) the services of its suppliers.
Unless otherwise addressed in these Terms, your use of this Site is subject to SwissAI’s Privacy and Cookie Policies. Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or post to the Site shall be considered non-confidential and non-proprietary. SwissAI shall have no obligations with respect to such material. Any communications and other material which you transmit or post to this Site is and shall remain as our property and by sending the same you agree that we may use the same for any purpose whatsoever, without any compensation being payable by us to you.
The Site is provided to you “as is”. Any use of this Site is at your own risk. To the maximum extent permitted by law, SwissAI excludes all warranties, either express or implied (including, but not limited to, implied warranties of satisfactory quality, fitness for purpose and the use of reasonable care and skill). SwissAI makes no representations, warranties or guarantees that this Site will be free from corruption, attack, viruses, interference, hacking, or other security intrusion.
Whilst we have worked diligently to provide accurate and complete information, we will not be liable to any person for any loss or damage which may arise directly or indirectly from the use of this Site (or any inability to use it) or any of the information contained on this Site. Information on this Site is subject to the possibility of errors, omissions, change of price, or other conditions, or withdrawal without notice. Any projections, opinions, assumptions or estimates contained within this Site are not guaranteed and may not represent current or future performance.
Nothing in these Terms operates to restrict SwissAI’s liability for death or personal injury arising as a result of negligence or for fraudulent misrepresentation, for gross negligence, or for unlawful intent (fraud).
In no event will SwissAI be liable to you for indirect, general, special, incidental, consequential, exemplary or other damages (including, without limitation, damages for loss of profits, business interruption, corruption of files, loss of business information or any other pecuniary loss) in connection with the Site in any way or in connection with the use, inability to use or the results of use of the Site, even if SwissAI has been advised of the possibility of such damages. No oral or written information or advice given by SwissAI or others will create a warranty and neither you nor any third-party may rely on any such information or advice.
If, notwithstanding the foregoing exclusions, it is determined that SwissAI and affiliates or their are liable for damages, in no event will the aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed the lower of (i) the total fees paid by you to SwissAI during the six months prior to the time such claim arose or (ii) one hundred Swiss-Francs (CHF100), to the extent permitted by applicable law.
You will indemnify and keep indemnified SwissAI against all losses, costs claims, demands or expenses (whether direct or indirect) arising out of (i) any claim that your operation, possession or use of the Site or any part of it in contradiction of these Terms in any way, or any materials or information you submit to us, infringes the copyright or intellectual property rights of any third-party; or (ii) your use or misuse of the Site.
SwissAI reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement, suspend, discontinue, or delete any of the terms and conditions of this Agreement (including these Terms, Cookie Policy and Privacy Policy) and review, improve, modify or discontinue, temporarily or permanently, the Site or any content or information through the Site at any time, effective with or without prior notice and without any liability to SwissAI. SwissAI will endeavour to notify you of material changes, but will not be liable for any failure to do so. Your continued use of the Site following any revision to this Agreement constitutes your acceptance of any and all such changes. SwissAI may also impose limits on certain features or restrict your access to part or all of the Site without notice or liability.
You agree that you will comply with all relevant laws applicable to your use of this Site.
SwissAI or its business partners may present advertisements or promotional materials on or through the Site. Your dealings with, or participation in promotions of, any third-party advertisers on or through the Site are solely between you and such third-party and your participation is subject to the terms and conditions associated with that advertisement or promotion. SwissAI is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party materials on the Site.
Links on this Site and other websites that we operate may lead to third-party websites. The content, accuracy and function of such websites is outside of SwissAI’s control and we cannot accept any responsibility for those websites, nor do we endorse the content of such third party websites. In particular, any dealings that you have with such third-party website operators shall be on the terms and conditions (if any) of that website operator.
Access to all or any part of the Site may be suspended temporarily and without notice. Should SwissAI elect, in its sole discretion, to terminate or limit your use of the Site, these Terms will remain enforceable against you, in particular, as relates to appropriate legal action which may be necessary for the protection of SwissAI’s rights. SwissAI is not liable to you for any modification or discontinuance of all or any portion of the Site. SwissAI has the right to restrict anyone from completing registration as a user if SwissAI believes such person may threaten the safety and integrity of the Site, or if, in SwissAI’s discretion, such restriction is necessary to address any other reasonable business concern.
If any provision of these Terms is held by a court to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Failure by SwissAI to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.
These Terms set out the entire agreement and understanding between the parties in connection with the use of this Site. For the avoidance of doubt, this shall exclude written agreements concluded by the parties for the provision of SwissAI’s software services.
These Terms are governed by Swiss law and you agree to submit to the exclusive jurisdiction of the Swiss courts.
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