Terms and Conditions
Terms and Conditions
These Terms and Conditions ("Terms") constitute a legally binding agreement between you — whether personally or on behalf of an entity ("you") — and Exosys Sàrl (doing business as Exosys), a company registered in the Canton of Valais, Switzerland (UID CHE-272.220.665), with its registered office at Route du Champ de la Grange 18, CH-1966 Saxonne (Ayent), Switzerland.
These Terms govern your access to and use of www.exosys.ch, our account portal at account.exosys.ch, and all related products and services (collectively, the "Services").
By accessing or using the Services, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must stop using the Services immediately.
For questions, contact us at legal@exosys.ch.
1. Our Services
The information and tools provided through the Services are intended for general use and are not tailored to comply with industry-specific regulations of any particular jurisdiction. You are solely responsible for ensuring that your use of the Services complies with all laws and regulations applicable to you.
If you access the Services from outside Switzerland, you do so on your own initiative and are responsible for compliance with local laws to the extent they apply.
2. Eligibility
The Services are intended for users who are at least 18 years old. By using the Services, you represent that you are of legal age in your jurisdiction and have the legal capacity to enter into these Terms. Persons under 18 are not permitted to register for or use the Services.
3. Account registration
Certain features of the Services require you to create an account at account.exosys.ch. When you register, you agree to:
- Provide true, accurate, current, and complete information.
- Maintain and promptly update your account information.
- Keep your password confidential and not share it with others.
- Accept responsibility for all activity that occurs under your account.
We reserve the right to suspend or terminate your account if any information you provide is untrue, inaccurate, or incomplete, or if we determine that your username is inappropriate or objectionable.
4. Intellectual property
Our intellectual property
We are the owner or licensee of all intellectual property rights in the Services, including all source code, databases, software, website designs, text, graphics, and logos ("Content" and "Marks"). Our Content and Marks are protected by copyright, trademark, and other intellectual property laws in Switzerland and internationally.
Your licence to use the Services
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Services, and to download or print portions of the Content solely for your personal, non-commercial use or internal business purposes.
You may not copy, reproduce, distribute, republish, upload, transmit, sell, licence, or otherwise exploit any Content or Marks for any commercial purpose without our express prior written permission. We reserve all rights not expressly granted to you.
Any breach of these intellectual property provisions constitutes a material breach of these Terms and your right to use the Services will terminate immediately.
Your submissions
If you send us any questions, comments, suggestions, ideas, feedback, or other communications about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submissions. We may use, reproduce, and distribute Submissions for any lawful purpose without acknowledgement or compensation. You represent that your Submissions are original and do not constitute confidential information.
5. Purchases and payment
We accept payments via Visa, Mastercard, American Express, PayPal, and Stripe. All payments are processed through Stripe.
You agree to provide current, complete, and accurate billing and account information for all purchases. You agree to promptly update your payment information so we can complete your transactions. Prices are displayed in US dollars (USD), euros (EUR), or Swiss francs (CHF) and may include applicable taxes.
We reserve the right to correct pricing errors, refuse or cancel any order, and limit quantities purchased per person, household, or order at our sole discretion.
6. Subscriptions
Billing and renewal
Subscriptions are billed on an annual cycle and renew automatically unless cancelled. By subscribing, you authorise us to charge your payment method on a recurring basis until you cancel.
Cancellation
You can cancel your subscription at any time through your account dashboard. Cancellation takes effect at the end of the current paid billing period. All purchases are non-refundable unless otherwise required by applicable law.
Fee changes
We may change subscription fees from time to time. We will notify you of any price changes in advance in accordance with applicable law.
7. Software and licences
We may provide software in connection with the Services. If the software is accompanied by an End User Licence Agreement (EULA), the EULA governs your use of that software. If no EULA is provided, we grant you a non-exclusive, revocable, non-transferable licence to use the software solely in connection with the Services and in accordance with these Terms.
All software and related documentation is provided "as is" without warranty of any kind. You may not reproduce or redistribute software except as permitted by the applicable EULA or these Terms.
8. Prohibited activities
You may only use the Services for their intended purpose. You agree not to:
- Use automated means (bots, scripts, scrapers) to access or extract data from the Services without our written permission.
- Attempt to circumvent, disable, or interfere with security features or access controls.
- Trick, defraud, or mislead us or other users, including attempts to obtain sensitive account information.
- Upload or transmit viruses, malware, or other harmful material.
- Interfere with or disrupt the Services, networks, or servers connected to the Services.
- Harass, intimidate, or threaten our employees, agents, or other users.
- Impersonate another person or entity, or use another user's account.
- Use the Services for any illegal or unauthorised purpose.
- Copy, adapt, or reverse-engineer the Services' software (see also Section 7).
- Collect usernames, email addresses, or other user data for unsolicited communications.
- Use the Services to compete with us or for any unauthorised commercial purpose.
- Sell, transfer, or sublicence your account or any licence keys, serial numbers, or validation data to a third party without prior authorisation.
- Loan, sell, or resell equipment on which our licensed software is installed without prior authorisation.
- Use the Services to advertise or offer goods and services.
9. Submissions and feedback
The Services do not generally offer users the ability to post public content. However, if you submit feedback, suggestions, or other communications to us, you agree that we may use and share such feedback for any purpose without obligation or compensation to you.
You retain ownership of any content you submit, but you grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce, and distribute it in connection with our Services. You are solely responsible for your submissions and represent that they do not violate any third party's rights or any applicable law.
10. Third-party links and content
The Services may contain links to third-party websites or content that is not owned or controlled by us. We do not investigate, monitor, or endorse any third-party websites or content. If you access third-party websites from our Services, you do so at your own risk. These Terms do not apply to third-party websites, and we are not responsible for their content, privacy practices, or policies.
11. Privacy
We care about your privacy. Please review our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you agree to the collection and processing of your personal data as described in the Privacy Policy.
The Services are hosted in Switzerland and the United States. If you access the Services from another region, please be aware that your data may be transferred to and processed in these countries. See our Privacy Policy for details on international data transfers and the safeguards we apply.
12. Service availability and modifications
We reserve the right to modify, suspend, or discontinue any part of the Services at any time without notice. We may also perform maintenance or updates that result in temporary interruptions.
We are not liable for any loss, damage, or inconvenience caused by your inability to access or use the Services during any period of downtime. Nothing in these Terms obliges us to maintain or support the Services or to provide any corrections, updates, or new releases.
13. Term and termination
These Terms remain in effect for as long as you use the Services.
We may suspend or terminate your account and access to the Services at any time, for any reason, without prior notice — including if we reasonably believe you have violated these Terms or applicable law. Upon termination, we may delete your account and associated data in accordance with our Privacy Policy and retention schedule.
If your account is terminated, you may not create a new account under your name, a false name, or the name of a third party. We also reserve the right to pursue legal remedies, including civil, criminal, and injunctive relief.
14. Disclaimer of warranties
The Services are provided on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, we disclaim all warranties, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that the Services will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant the accuracy or completeness of any content available through the Services.
Some jurisdictions do not allow the exclusion of certain warranties. In such cases, the exclusions above apply only to the extent permitted by law.
15. Limitation of liability
To the fullest extent permitted by applicable law, neither Exosys Sàrl nor its directors, employees, or agents shall be liable to you or any third party for any indirect, incidental, special, consequential, or punitive damages — including but not limited to lost profits, lost revenue, loss of data, or business interruption — arising from your use of the Services, even if we have been advised of the possibility of such damages.
Our total aggregate liability to you for any cause whatsoever, regardless of the form of action, is limited to the total amount you have paid to us in the 12 months preceding the event giving rise to the claim, or CHF 100, whichever is greater.
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such cases, the limitations above apply only to the extent permitted by law.
16. Indemnification
You agree to indemnify, defend, and hold harmless Exosys Sàrl, its affiliates, and their respective officers, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from or related to: (a) your use of the Services; (b) your breach of these Terms; (c) your violation of any third party's rights, including intellectual property rights; or (d) any harmful act toward any other user of the Services.
We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence.
17. Governing law and dispute resolution
Governing law
These Terms are governed by and construed in accordance with the substantive laws of Switzerland, without regard to its conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
Jurisdiction
Any dispute arising from or relating to these Terms or the Services shall be submitted to the exclusive jurisdiction of the competent courts of the Canton of Valais, Switzerland.
If you are a consumer habitually resident in the EU, you additionally benefit from the protection afforded by the mandatory provisions of the law of your country of residence. You may bring a claim in either Switzerland or in the EU country where you reside.
Online dispute resolution (EU)
The European Commission provides an online dispute resolution platform. If you wish to bring a matter to our attention, please contact us at legal@exosys.ch.
18. Changes to these Terms
We reserve the right to modify these Terms at any time. Changes will be effective when we post the updated Terms with a new "Last updated" date. Your continued use of the Services after any changes constitutes acceptance of the revised Terms.
For material changes, we will make reasonable efforts to notify you — for example, by posting a prominent notice on our website or by sending you an email.
19. General provisions
- Entire agreement. These Terms, together with our Privacy Policy and any applicable EULA, constitute the entire agreement between you and Exosys Sàrl regarding the Services.
- Severability. If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision is deemed severable and does not affect the validity of the remaining provisions.
- No waiver. Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
- Assignment. We may assign our rights and obligations under these Terms to any third party at any time. You may not assign your rights or obligations without our prior written consent.
- Force majeure. We are not liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including but not limited to natural disasters, government actions, pandemics, or infrastructure failures.
- No agency. Nothing in these Terms creates a joint venture, partnership, employment, or agency relationship between you and us.
- Electronic communications. By using the Services, you consent to receive communications from us electronically. You agree that all agreements, notices, and disclosures provided electronically satisfy any legal requirement that such communications be in writing.
20. Contact us
To resolve a complaint or receive further information about the Services, contact us:
Exosys Sàrl
Route du Champ de la Grange 18
CH-1966 Saxonne (Ayent)
Switzerland
Email: legal@exosys.ch
Phone: +41 27 508 02 86