2. Terms of Access
Any access to, and use of, the Colabon App, the Services, or any content we make available on the Colabon App (the Content), are subject to acceptance of these ToU. Anyone who accesses and/or uses the Colabon App, the Services and/or the Content (a User or you) acknowledges having read, understood and agreed to these ToU.
2.2. Personal prerequisites
To use the ColabON App or the Services, you must: (i) be and remain (a) an employee, agent or representative of an organization which is a customer of ColabON in connection with the Application (the Organization) and (b) authorized by your Organization to access and use the Colabon App; (ii) have received from your Organization or us initial credentials for registration of your user account (the Account); and (iii) provide the information required during registration.
You are responsible for procuring at your expenses the equipment and software (computer, software, telecommunication means, etc.) required to access the Colabon App, and for the payment of any costs incurred through their use.
3. User Materials
3.1. Ownership and use
The Colabon App allows Users to upload, publish or transmit Content (the User Materials). Ownership in User Materials you upload to the Colabon App remains with your Organization or you, as applicable. We may use your User Consent only to the extent required to provide and improve the Colabon App and the Services, as further specified in our agreement with your Organization, and you hereby grant us any authorization legally required for this purpose.
You represent and warrant that your User Materials, and more generally your use of the Colabon App, will not:
ToU Digital Service
- infringe, or cause a third party to infringe, any applicable law or regulation;
- infringe any intellectual property right, or other proprietary rights or right of publicity or privacy;
- include any false, incomplete or inaccurate information about yourself, your Organization, or any information about any other individual, company or other legal entity, or be defamatory or trade libelous; or
- be inadequate, of inadequate language, obscene, immoral, or contain pornography.
4. Users’ Duties and Responsibilities
Accounts are individuals. You are not authorized to create multiple Accounts, or to share, sell or buy an Account. You are responsible for the quality and confidentiality of your Account credentials and for the use that is made of your Account, including any third party’s use irrespective of whether you authorized such use or not. You are fully liable for any losses and/or damages that may result from any such use. You must immediately notify your Organization and us of any unauthorized access or use of your Account or any other breach of security.
4.2. Compliance and Restrictions
You must at all times comply with these ToU and all laws and regulations applicable to your use of the Colabon App and Services. Subject to mandatory law to the contrary, you are not allowed to:
- use and/or access the Colabon App and Services for purposes other than those provided for in these ToU or for the account of any other person or entity than your Organization;
- copy, reproduce, frame, mirror, crawl, republish, modify, create derivatives of, any part of the Colabon App, the Services and/or the Content;
- access or attempt to access the source code of the Colabon App, attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Colabon App or its infrastructure;
- introduce or attempt to introduce Trojan horses, time bombs or other programs designed to damage, cause adverse effects, intercept or counteract any system, data or personal information
- access or use the Colabon App for the purpose of building a competitive product or service or copying its features or user interface;
- gather the email addresses or other Content available on the Colabon App for purposes of spamming or for any non-personal or commercial purposes; and
- allow third parties to use all or part of the Colabon App, Services or Content to which access is restricted. Furthermore, you must comply with any additional restrictions set forth by your Organization.
You warrant that all information you provide in the registration process or otherwise is true and accurate. You must keep such information up to date at any time.
Without limiting the rights otherwise provided under these ToU, in the event of non- compliance with these ToU, we reserve the right to refuse you access to the Colabon App, suppress your Account (if you have one), or refuse to provide the Services.
Amendment and suspension
5.1. In General
We reserve the right at any time, without having to specify any particular reason, to temporarily or permanently modify or discontinue the Colabon App, any Content or any Service, with or without notice, without incurring any liability.
If you have an Account, we may, at our sole discretion, temporarily or permanently suspend, cancel or terminate your Account, any information relating therewith, and/or your access and/or use to all or part of the Colabon App, with or without notice and for any reason, including, without limitation, breach of these ToU or if you leave your Organization, without incurring any liability.
6. Data protection
We have issued a privacy notice, accessible at www.colabon.com/privacy, which describes how personal data is collected through the Colabon App and for what purposes. That privacy notice, as amended from time to time, forms an integral part of these ToU.
7. Intellectual property
7.1. Title to IP
Subject to Section 3.1 (User Materials), we and our licensors own the copyright and all intellectual property rights in and to the Colabon App, the Services and the Content.
Subject to your compliance with these ToU and any additional applicable terms referred to on the Colabon App, we grant you a non-exclusive, non-transferable, non-assignable, revocable and limited license, without the right to sublicense, to access the Colabon App and the Content, strictly for the purpose of using the Colabon App and the Services in accordance with these ToU on behalf and for the account of your Organization. Except as stipulated otherwise in these ToU, you are expressly prohibited from using the Colabon App or the Services on behalf or for the benefit of any third-party (other than your Organization). We and/or our licensors reserve all rights to the Colabon App, the Content and the Services not expressly granted herein.
If you think that the Colabon App, the Content or the provision of any Services infringe on any copyright or other intellectual property right, you may at all times contact us at https://www.colabon.com/contact and we will investigate your request.
The Colabon App, the Services and the Content are provided to you “as is” and “as available”. To the maximum extent permitted by applicable law, we expressly disclaim, and you waive, all warranties of any kind, whether express or implied, including, without limitation, any implied warranties of fitness for a particular purpose, quality, quiet enjoyment and non-infringement of third-party rights, or availability of the Colabon App, Services or Content. In Particular, we make no warranty, express or implied, commitment or representation that (i) the Colabon App will meet your needs, (ii) the operation of the Colabon App will be uninterrupted, secure or error-free, (iii) the information and Content available on the Colabon App will be current, accurate, true or complete, (iv) the Services and results that may be obtained from the use of the Colabon App will be accurate or reliable or (v) we will ensure continued compatibility of the Colabon App with any third-party products, even if they were compatible at any given moment. You access and use the Colabon App and the Services at your sole risk.
8.2. Third-party content
The Colabon App may contain contents provided or maintained by third parties, or links to such contents. These links are provided solely as a convenience to the Users and not as an endorsement by us of such contents. We assume no responsibility or liability in relation therewith.
The use of the Internet involves risks, in particular that the data transmitted may be intercepted, altered or deleted. By using the Website, you accept these risks. We decline all responsibility in this respect.
You expressly acknowledge and agree that, to the extent permitted by law, we shall not be liable for any direct or indirect damages, including but not limited to damages arising under tort law, loss of profits, loss of use, loss of data or other intangible losses (even if we have been advised of the possibility of such damages) resulting from: (i) the use, unavailability or inability to use the Colabon App or the Services, (ii) the unauthorised access to or alteration of your data, (iii) declarations or actions of any third party on or in connection with the Colabon App, (iv) the Content available on the Colabon App, as well as all linked websites and all documents disseminated on the Colabon App, (v) any other cause relating to the Colabon App.
9.2. Limitation of liability
Without prejudice to the foregoing limitations, our liability for indirect and/or consequential losses or damages is expressly excluded (including but not limited to lost profit, commercial loss, loss of turnover or profit, loss of customer base, loss of opportunity or the cost of obtaining a substitute product or service) in connection with or arising out of the non-performance or improper performance of a Service , insofar as such exclusion is permitted under applicable law. Furthermore, our liability is limited to the maximum price actually paid for the Service.
10.1. Severability clause
If any provision of these ToU is or becomes invalid, unenforceable or non-binding, this shall not affect any other provision thereof. In such event, such invalid, unenforceable or non-binding provision shall nonetheless be enforced to the fullest extent permitted under applicable law, insofar as the invalid, unenforceable or non-binding provision shall be replaced by a valid, enforceable and binding provision reflecting to the greatest extent possible the intent of the original provision.
10.2. Applicable law
These ToU and the relationship between you and us, shall be governed by Swiss law, to the exclusion of its conflict of laws rules and the Vienna Convention on the International Sale of Goods.
The competent courts at the registered office of ColabON have exclusive jurisdiction to settle all disputes in connection with these ToU, subject to any mandatory forum prescribed by law. Notwithstanding the preceding, nothing in these ToU prevents us from seeking injunctive relief or any other remedy available at law in any jurisdiction in case of any infringement of our intellectual property rights.
For any questions regarding the Colabon App or the ToU, you may contact us at https://www.colabon.com/contact.
12. Translations Amendments
The original language of these ToU, as well as all other texts throughout the Colabon App, is English. Any translation made available is for convenience only. In case of conflicts between the original English version and any translation, the English version shall prevail.
These ToU may be amended from time to time, in which case you will be notified by any appropriate mean (including via e-mail, or via the Colabon App, e.g. through banners, pop-ups or other notification mechanisms). Any use of the Colabon App subsequent to this notification shall constitute acceptance of the ToU, as amended.
Last updated: 21.07.2021