Introduction
This document stipulates the terms and conditions (hereinafter referred to as „Terms“) of the contractual relationship between xamplo GmbH, Buchenweg 20, CH-4242 Laufen, Switzerland (hereinafter referred to as “xamplo”) and the customer referring to these Terms receiving xamplo’s services (hereinafter referred to as “Legal Relationship”).
Registered customers automatically accepts these Terms.
xamplo carries out its services (hereinafter referred to as “Services”) under various domains (www.xamplo.com and www.aspecx.biz) as well as through applications (hereinafter referred to as “Applications”). Any website where xamplo offers services of xamplo will in the following be referred to as "xamplo Website".
These terms regulate the relation between the customer and xamplo, regardless of which xamplo Website or which Application the customer has registered or logged in and which xamplo service the customer receives.
The customer’s standard terms and conditions shall not apply to this Legal Relationship.
The services offered by xamplo are available exclusively to those at least 18 years of age and legally able to place contracts.
The customer can read, print, download or save these Terms at any time, also after starting the Legal Relationship, via the link "terms and conditions" found on the xamplo Website.
In these Terms “he”/”his” etc. is meant to include both the male and female gender, and legal entities where applicable.
1 Agreement
1.1 scope
The xamplo services offer registered customers a service to securely store their data online related to assessed group specific values and to share these data with group members. The customer keeps all rights in the uploaded data.
To ensure that only the customer has access to his data, the customer defines a access name and an access password.
1.2 Price details
Details about the payable services may be found on the xamplo Website. The prices quoted thereunder are binding.
xamplo shall not provide any services to the customer unless the defined fee has been paid in full.
1.3 Adjustments to the service provision
Adjustments to the provisions of this Legal Relationship may be integrated by xamplo at any time and at its absolute discretion. Such adjustments are published on the xamplo website before these adjustments are coming into effect. The Legal Relationship may be terminated if the customer won’t accept these adjustments.
1.4 Revocation of the Legal Relationship
The customer is authorized to revoke the Legal Relationship with xamplo at any time without providing any reason.
1.5 Availability of service
The customer acknowledges that a 100% availability of the xamplo services (websites and (mobile) Applications) is technically not possible. xamplo however endeavors to maintain the availability of the xamplo services constantly. xamplo's performance is subject to servicing, security or capacity issues, along with any causes beyond its reasonable control, such as disruption of the public communication systems, power failure, etc., which may lead to temporary disturbance or interruption of the services made available by xamplo.
1.6 Event of death
In the event of his death the processing of the data of the customer meets the relevant formal requirements under inheritance law. Required information belonging to this customer may only be transferred by xamplo to a trustee.
1.7 Data storage
During the duration of the Legal Relationship, xamplo ensures the data of the customer are securely stored.
After termination of the Legal Relationship, xamplo is entitled to release the account of the customer and to permanently delete his data.
2 Registration, assurances upon registration, completion of agreement
2.1 Registration
The customer is required to register prior to using any service available on the xamplo websites or Application store provided by Application store providers.
The customer warrants that any information provided by him upon registration is complete and accurate. The customer is required to update his data within 2 weeks of their modification. The customer is not permitted to use pseudonyms or aliases.
In case of an serous reason and regardless of a termination, xamplo can instigate following sanctions against the customer or against all customers belonging to an aspecx group:
• Delete data uploaded by the customer
• give a warning or
• block access to xamplo Websites' services.
3.2 Consequences of Termination
In case of an effective Termination, the fees already paid by the customer shall be forfeited, xamplo does not reimburse the paid fees to the customer.
30 days from the day of termination of the Legal Relationship the customer has the option to download his uploaded and gathered data.
After 60 days from the day of termination of the Legal Relationship, xamplo is entitled to delete all data uploaded by the customer, including but not limited to his account.
After termination of the Legal Relationship xamplo does not have any obligation to remind the customer to download his data and to point out to the customer that his data will be deleted.
Unless the customer is the owner (Administrator) of an aspecx group, a termination of a customer won’t automatically result in the cancellation of the whole aspecx group.
4 Exclusive Rights
xamplo exclusively and comprehensively retains all rights to (copyrights, domain rights, trademark rights, patent rights, etc.), as well as all know-how in its website services.
5 Place of Jurisdiction and Applicable Law
The Legal Relationship between the customer and xamplo is subject to Swiss law without giving effect to conflict of laws rules and international treaties.
In case of disputes the Arlesheim Commercial Court has exclusive jurisdiction.
6 Data Protection
The customer and xamplo agree to be compliant with any and all applicable data protection laws and regulations.
7 Responsibility and liability of the customer
7.1 Respect of law
The customer respects the applicable laws and any rights of third parties when using the contents and services of the xamplo Website. The customer is specifically prohibited from publishing insulting, racist or defamatory materials, regardless whether these contents concern other customers, xamplo employees or other persons or firms; using pornographic materials or such that are unlawful according to juvenile law; or advertising, offering or distributing pornographic materials or such that are unlawful according to juvenile law; inconsiderably importuning other customers (especially spamming) (cf Art. 3 lit. o of the Swiss Law against Unfair Competition); using legally protected materials (e.g. any material protected by copyright, brand, patent, registered design or utility patent law) without legal authorization; advertising, offering or distributing legally protected goods or services, as well as committing or promoting unlawful acts according to competition law, including but not limited to progressive client solicitation (e.g. chain, snowball or pyramid systems) or advertising unlawful gambling.
The customer is not allowed to:
use mechanisms, software or scripts when using the xamplo Website; the customer may however use the interfaces or software made available to him or her on the xamplo Website in the scope of the xamplo services; block, overwrite, modify, copy, insofar it is unnecessary for the appropriate use of the xamplo Websites' services (Robot or Crawler Search Engines are for example not necessary for the proper use of the xamplo Websites' services and therefore explicitly prohibited); distribute and make publicly available content of xamplo's or other customers' websites; commit any act that may impinge on the functionality of the xamplo infrastructure, specially overloading.
7.2 Risk of unauthorized assess
The customer alone bears the risk of any unauthorized access to the data stored by him or stored by any person with the respective delegated access rights (e.g. in the context of data inheritance).
The customer bears the risk resulting from any changes in the law.
The customer is entitled to delegate his role as administrator for the related Application to another customer. Nevertheless each administrator continues to be responsible in any event for the content of the Application related to the period he was assigned the role administrator.
The customer with the role of administrator reserves the right to deny registering of users to his owned aspecx group in case of any reason to believe, that the user information is incorrect or incomplete.
8 Responsibility and liability of xamplo
xamplo is not able to validate the data uploaded by the customer for its legality and is therefore not assumed liability for its unlawful effects.
Should the customer violate any of these Terms and xamplo be held liable therefor, xamplo shall be free to take any corresponding legal action. The customer hereby agrees and undertakes that he will fully indemnify and hold xamplo harmless against any liability for loss or damage, claims, demands, costs and reasonable legal fees (including, but not limited to, third party claims) arising in connection with the data uploaded by the customer, or suffered by xamplo due to the customer’s violation of the provisions of these Terms.
To the full extent allowed by applicable law, xamplo disclaims any liability for any damages of any kind, independently from any legal reason (including auxiliaries).
xamplo’ liability arising from and in regarding to the Legal Relationship is excluded to the extent legally permitted.
9 Change of service on xamplo websites
xamplo reserves its right to change or modify any of the services made available on the xamplo Website at any time and at its absolute discretion. Any changes will be announced according paragraph 1.3.
10 Termination of contract
The customer can terminate the Legal Relationship at any time without indication of reasons. The notice can be forwarded to xamplo using the functions displayed on any xamplo Website or by deleting the own account of the respective Application. For giving notice the customer will be identified with his customer name mail account and his password.
11 Customer Services / Support
The customer can transmit questions or explanations about xamplo services via the contact form made available on all xamplo Website.
12 Disclaimer
xamplo accepts no liability from any claims, including damage liability claims, that other customers or third parties may present to xamplo under infringement of their rights due to services available on xamplo websites and used by the customer. The customer will bear any costs incurred from third party damages, including the legal representation costs incurred.
The above duties of the customer are null and void insofar the customer does not represent the infringement in question.
If the rights of a third party are infringed upon by using the customer's material available on xamplo Website, the customer will, upon xamplo's request at his own costs, either acquire the necessary rights or only use material that is copyright-free. If the rights of a third party are infringed upon by the customer using services available on xamplo websites, the customer will, upon request of xamplo, refrain immediately from illegal and/or unlawful use of this material.
13 Privacy policy
xamplo is aware that the customer takes the delicate matter of privacy issues seriously with regards to any personal data he transmits to xamplo. xamplo therefore respects all pertinent legal privacy protection regulation (Federal Act on Data Protection; European Data Protection Directive). Natural and legal entities accept that no other legal regulation of Data Protection will apply apart from the Federal Act on Data Protection and the European Data Protection Directive.
14 Other Provisions
xamplo reserves the right to modify or discontinue any of the services to be performed under this Legal Relationship at any time and at its absolute discretion. In case of modifications of the services performed by xamplo, paragraph 1.3 above shall apply accordingly.
The customer’s terms and conditions will not apply to this Legal Relationship.
Version 2016/1, 05.10.2016