Cebu: Terms of use agreement
This Cloud Application Terms of Use Agreement (the "Cebu Agreement") is entered into by and between "Beratung Alois Huser", a legal entity ("Company," "we," or "us"), and the user ("User" or "you") of "Cebu" (the "Application"). By accessing or using the Application, you agree to be bound by the terms and conditions of this Agreement.
1. Account registration and use
1.1 Registration. To use the Application, you are required to register for an account. You agree to provide accurate, current, and complete information during the registration process.
1.2 Account Security. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately of any unauthorized use or security breaches.
1.3 Two-factor authentication. You can only use the Application with two-factor authentication by a third party App-Authenticator.
2. License grant
Subject to the terms and conditions of this Agreement, we grant you a non-exclusive, non-transferable, revocable license to access and use the Application for your personal or internal business purposes.
3. Subscription and prices
3.1 Duration of subscription. The duration of the subscription is one year. We automatically renew the subscription, if you do not cancel your subscription 10 days before it expires.
3.2 Price. The price for one year is to be paid in advance. We can adjust the price annually.
4. Data privacy
4.1 Data Collection. We may collect and process personal information in accordance with our Privacy Policy. By using the Application, you consent to such collection and processing.
4.2 Unauthorised access by third parties. We comply with the provisions of Swiss data protection legislation. We undertake to take all commercially reasonable and technically and organisationally possible precautions to ensure that the data collected in the course of processing the agreement is effectively protected against unauthorised access by third parties.
4.3 View information by our employees. Our employees may view information about you and your databases for the purpose of rectifying faults, processing support enquiries and providing the agreed services. Non-personal or anonymous data may be collected automatically in order to improve our services. We do not pass this data on to third parties.
4.4 Data Security. We implement reasonable measures to protect your data; however, we cannot guarantee the security of your data. You are responsible for maintaining backups of your data.
4.5 Delete data upon termination. We delete all your data on our servers upon termination of the Agreement.
5. Use restrictions
You may not:
- Use the Application for any illegal or unauthorized purpose.
- Interfere with or disrupt the integrity or performance of the Application.
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Application.
6. Intellectual property
The Application and all intellectual property rights are owned by Company or its licensors. Nothing in this Agreement grants you any rights to use any of Company's trade names, trademarks, service marks, logos, domain names, or other distinctive brand features.
7. Disclaimers
The Application is provided "as is," without any warranties of any kind. We do not warrant that the Application will be error-free or uninterrupted. Furthermore, any warranty is excluded due to the technical nature of the Internet, so that there is no guarantee for the availability of technical facilities. Likewise, there is no guarantee for error-free, immediate and secure transmission via the Internet between you and us.
8. Limitation of liability
To the maximum extent permitted by law, in no event shall Company be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues.
9. Termination
This Agreement is effective until terminated. In the event of impossibility of fulfilment through no fault of our side (in particular in the event of non-performance by third parties), we shall be released from our obligation to perform without any consequences following written notification to you. We may terminate this Agreement at the end of each annual agreement period subject to a notice period of 3 months. We may terminate or suspend your access to the Application at any time, without notice, for conduct that we believe violates this Agreement or is harmful to other users or us.
10. Governing law
This Agreement shall be governed exclusively by and construed in accordance with the laws of Switzerland, without regard to its conflict of law principles. In the event of differences of opinion, the contracting parties undertake to attempt to reach an amicable settlement before recourse to a judge. The place of fulfilment and jurisdiction shall be Baden, Switzerland.
11. Changes to terms
We reserve the right to update or modify this Agreement at any time. Any changes will be effective immediately upon posting. Your continued use of the Application after any changes constitutes acceptance of those changes.
12. Contact information
If you have any questions about this Agreement, please contact us at mailto: cebu@alhus.ch.