Terms and conditions of use
Also known as the "Addendum concerning data processing".

Index

Index        1

Introduction        2

Definitions        3

License to use and access to the Services        4

User licence        4

Access to Services        4

Price of access to Services        5

Service Security        5

Prohibited Uses of the Services        6

Your Account        6

Terms of use / registration / account creation        6

The security of your account        7

Protection and processing of your data        7

Copyrights        8

Introduction to copyright        8

Your rights on your content        8

Our rights on your content        8

Your Ideas        8

Publication on other applications        8

Consequences of non-compliance with copyrights        9

Search for flaws, bugs or problems        9

If you have found a flaw, a bug or a problem        9

If you're looking for flaws, bugs, or problems        9

Account Manager Agreement        9

Introduction        9

Surviving Clauses        10

Annex concerning the customization of Services        10

Content analysis        10

Consequences of improper use of our Services        11

Subcontractors and partners        12

Introduction        12

Some notes on some Partners        12

Google (Google Analytics, Youtube, etc)        12

Google Analytics        13

Youtube        13

Cookies        14

Warranties and Disclaimers        14

About these Terms of Use        15

Modification of these Terms of Use        15

Duration of this contract        16

Discrepancies        16

Attribution of competence clause        17

Introduction

Unless otherwise specified in additional conditions, the Services are provided by NexSwiss Sàrl ("NexSwiss"), a company registered in Switzerland (under number: CHE-163.956.519), whose address is Rue du Villars 38, 1024 Ecublens, Switzerland, Vaud.

By using our Services, you agree to these Terms of Use. Read them carefully please

In view of the different types of Services that may be provided, special or additional conditions may apply to some of these Services, (in which case these conditions are made available together with the Services in question) so these conditions form an integral part of this contract. You must also abide by the rules for use of the Services.

Our terms of use define your relationship with NexSwiss and therefore do not create any rights for third party beneficiaries.

The Platform on which you find yourself certainly benefits from an Account Manager Agreement, i.e. a third party entity has called upon NexSwiss' services to create the Platform. Therefore, a contract between NexSwiss and this third party, called "(the) Account Manager" governs this relationship. When the Platform is managed via an Account Manager Contract, the majority of the data belongs to the Account Manager, who has almost total access to it (ultra-personal data such as private conversations, private publications or location of sessions, etc. are not accessible to the Account Manager, but email, connection status, friends, etc. are. More information in the Addendum concerning data processing). NexSwiss is therefore not responsible for the actions carried out by the Account Manager on the Platform. It also happens that NexSwiss is itself the Account Manager.

NexSwiss, for maintenance, backup and hosting purposes, has access to all data.

Definitions

License to use and access to the Services

User licence

NexSwiss grants you a personal licence, which may not be transferred to third parties and which is not exclusive to you, to use our Services. This licence is solely and exclusively intended to enable you to use our Services, while complying with these Terms of Use.

We use Open Source software (Congratulations to the people working on it!). These Open Source software licences are available to you on our software.

Access to Services

However, access to the Services is not guaranteed at all times. NexSwiss shall be entitled to stop providing you with some or all of the Services, or to add or create new limitations to the Services at any time. You therefore accept that the Services may be subject to partial or total interruptions or even malfunctions. This may happen, for example, during maintenance or correction of bugs or errors, and the Services cannot therefore be considered free of them.

However, to the extent possible, we will notify you within a reasonable period of time in the event of an interruption or significant change to a Service. NexSwiss shall in no event be held liable for the unavailability, whether temporary or permanent, of the Services.

In addition, we reserve the right to deny access to the Services to anyone without having to justify such denial.

Where some or all of the Services offer or require the download of software, the software may update automatically.

Note: The Account Manager Agreement may give you more rights regarding the accessibility of certain Services and the conditions of access. For example, NexSwiss may be required to provide you with one or more of the Services despite what may be stated in these Terms of Use. It is the responsibility of your Account Manager to ensure that you have access to these Services in the manner desired via the contract in question. More information about special measures can be found in the Addendum regarding special measures or by contacting your Account Manager directly.

Price of access to Services

NexSwiss may at any time charge and/or modify the price of all or part of the Services for all Users or only certain categories.

Using our Services may result in additional data charges being billed by your operator. You are solely responsible for these charges, we cannot be held responsible if you consider the data/3g/etc consumption of our Services to be too high.

It is possible that Nexswiss may decide in the future to partially finance the Services through advertising revenues. You therefore accept that advertising is displayed on the Services.

Note: The Account Manager Agreement may prevent or restrict NexSwiss from charging for certain Services and/or from partially financing the Services through advertising revenues. More information in the Addendum‌ regarding ‌special measures or by contacting your Account Manager directly.

Service Security

Our Services use secure communication protocols, including HTTPS, to ensure the security of the Services and the confidentiality and integrity of your Data. However, the Internet may be subject to security breaches, 100% security cannot exist, and it is therefore to be considered that the Services are not entirely secure.

NexSwiss and its Partners ensure an appropriate level of security proportionate to the risks incurred and their probability, in accordance with the General Data Protection Regulation 2016/679 of 27 April 2016.

However, these measures do not constitute a guarantee and do not commit NexSwiss to an obligation of result concerning the security of your Data.

Use and access to our Services is at your own risk. The Services are provided to you "as is" and "as available" without any implied or express warranty.

Note: The Account Manager Agreement gives NexSwiss more responsibility for the security of the Services, and may therefore guarantee you more rights. More information in the Addendum regarding special measures or by contacting your Account Manager directly.

Prohibited Uses of the Services

The use of our APIs is strictly prohibited outside the official versions of the Services and for purposes other than the use of the Services as desired by NexSwiss, except where an API is explicitly defined as accessible to you. (An API is also one of the Services) Any use for spamming purposes is strictly prohibited.

You may not copy, modify, distribute, sell or rent any or all of our Services, nor may you reverse engineer or use our Services to create substitute or similar services. You must not use our Services for High Risk Activities. Our Services are not a substitute for telephone services and do not allow you to call emergency services.

You may not attempt to extract or decompile the source code of our Services or software, unless permitted by law, while complying with the limits of the law and with our prior written permission.

Your Account

Terms of use / registration / account creation

Registration to the Services is open to all legal or natural persons with full legal personality and capacity. However, an Account Manager Agreement may further restrict this opening, or even completely deactivate registrations. NexSwiss may also at any time deactivate or restrict registrations without having to justify itself. The status of the registrations (open, closed, or partially open) can be interpreted on the registration page, if such a page does not exist, then the registrations are closed.

In order to access the Services, obligations to which you must agree to comply are applied:

The security of your account

Subject to the clarifications brought by the Addendum‌ regarding ‌data‌ ‌processing, we try to respect as much as possible your sharing or visibility parameters that you define on the Services.

Some of our Services require an Account in order to be used. You are solely responsible for the activity that occurs on or through your Account. If your Account is provided by an Account Manager, the latter may have restricted access (not to private messages for example) to your account or even deactivate it (see the Addendum‌ regarding ‌data‌ ‌processing for the different accesses of the Account Manager and NexSwiss).

You are solely responsible for the security of your Account and all content that you publish via or on the Services.

Every registered User has a username and a password. The latter are strictly personal and confidential and must not be communicated to third parties under penalty of deletion of the account of the registered User in breach. Each User is personally responsible for maintaining the confidentiality of his or her User ID, Account and password.

NexSwiss shall under no circumstances be held liable for the usurpation of a User's identity. If a User suspects fraud at any time, he shall contact NexSwiss as soon as possible so that NexSwiss can take the necessary measures and regularise the situation.


If your
Account has been provided to you by an Account Manager, you must change your password in order to comply with these Terms of Use.

Protection and processing of your data

See the Addendum‌ regarding ‌data‌ ‌processing as well as the Addendum‌ regarding ‌special measures, the latter can indeed, for example, if it exists, bring even more guarantees on the protection of your Data. Your compliance with these two Addendum (or "this addendum" if the second does not exist) is a condition of our Terms of Use.

Copyrights

Introduction to copyright

Our Services show or load or display content that does not necessarily belong to NexSwiss. It is therefore the responsibility of the entity having made them available via NexSwiss to ensure that it holds the necessary rights to do so.

However, we may be required to verify any content to ensure that it complies with the law and our terms of use.

Your rights on your content

Through some of the Services we provide, you can import, submit, store, send or receive content. Your intellectual property right is retained on such content, provided you grant NexSwiss, its Partners and the Account Manager a license to use and host, store, reproduce and modify it. In addition, derivative creations may be made by us to enable certain tools to function.

Our rights on your content

You grant NexSwiss and the Account Manager a licence for the public display or public distribution of said content. This right is limited to the operation, improvement or development of our future or current Services and the promotion of any of these Services. Even if you stop using our Services, this authorization you give us continues for as long as your content is protected by law.

Accordingly, you must have all rights necessary to grant this license in respect of the content you transmit to our Services.

Your Ideas

Your submission of any opinions, suggestions or feedback regarding our Services is not required by any authorization from you for us to use them in our Services.

Publication on other applications

Our Services allow you to publish content on other applications, it is your duty to know and respect the terms of use of these third party applications, and thus protect NexSwiss from any liability.

Consequences of non-compliance with copyrights

Deactivation or deletion of User Accounts that have repeatedly or only once infringed copyright is possible when we become aware of it.

Any dissemination, exploitation, representation, reproduction, whether partial or complete without the express permission of the beneficiary of the copyright of the content in question will expose the offender to civil and criminal prosecution.

If we deem any content to be in violation of the law or our Terms and Conditions, we may remove or refuse to post it at any time.

However, we do not necessarily check all contents systematically. It is not assumed that all contents are checked.

Search for flaws, bugs or problems

If you have found a flaw, a bug or a problem

  1. You may not make it public, share it or exploit it. If you do not comply with any of these terms, then you also consider yourself liable for any damage or problems arising directly or indirectly as a result of your publication, sharing or exploitation.
  2. Please let us know, if we were not aware of it and that it is, in our view and without having to justify ourselves, relevant, then we will try to thank you for your discovery to the extent that we feel we are able to do so. In other words, we don't have to do anything, but we generally want to thank you anyway.

If you're looking for flaws, bugs, or problems

Nice! But you must do so without spamming, without violating the Terms of Use, and above all without risking the security of the data or Services or their accessibility. You will be held responsible in such cases.

Account Manager Agreement

Introduction

THE USE OF OUR SERVICES ON BEHALF OF AN ACCOUNT MANAGER IS ONLY POSSIBLE IF THE ACCOUNT MANAGER HAS AGREED TO RESPECT AND ENFORCE THESE TERMS OF USE. THE ACCOUNT MANAGER MAY NOT, TOWARDS NEXSWISS OR ITS PARTNERS, OR SUBCONTRACTORS OR AFFILIATED COMPANIES OR EMPLOYEES OR COLLABORATORS OF NEXSWISS, EXPRESS OR BRING ANY CLAIM, SUIT OR LEGAL ACTION RESULTING FROM OR RELATED TO THE USE OF THE SERVICES FOLLOWING A BREACH OF THE TERMS OF USE BY THE ACCOUNT MANAGER OR ITS USERS (ANY USER OF THE PLATFORM IS ONE OF "ITS" USERS). THE ACCOUNT MANAGER SHALL ALSO WITHDRAW ALL LIABILITY FROM NEXSWISS IN THE EVENT OF ANY FINANCIAL BURDEN RESULTING FROM CLAIMS, LOSSES OR DAMAGES RESULTING FROM A FAILURE TO COMPLY WITH THE TERMS OF USE. THE SAME SHALL APPLY TO THE COSTS OF ANY LEGAL PROCEEDINGS INSTITUTED, JUDGEMENTS PRONOUNCED OR COURT OR LAWYER'S FEES.

Surviving Clauses

The Clauses below, in addition to this one (which indicates the surviving clauses), will survive the termination or expiration of the Account Manager Agreement:

After termination (and before), you may not use the knowledge gained by using the Services to practice reverse engineering or attempt to create a similar or substitute service.

After termination (and before), you may not use the knowledge gained by using the Services to harm indirectly or directly the quality and safety of the Services that have been used.

Annex concerning the customization of Services

This appendix to the contract between the Account Manager and NexSwiss governs various points that do not necessarily need to be public, however, the public part is published via the Addendum‌ regarding ‌special measures, which is an integral part of our Terms of Use. This addendum often brings clarifications, restrictions or corrections to the Terms of Use, it has preponderant value (except for new subsequent contracts). For example, it may be specified in this addendum that NexSwiss may not under any circumstances place advertising on its Services contrary to what is said here

Content analysis

We have at our disposal automated content analysis robots and/or scripts, which in particular enable us to personalise our Services, as well as to offer you useful functionalities, such as personalised search results or, if this platform authorises advertising, to offer you customised (and therefore "targeted") advertising. (Generally, the Addendum‌ regarding ‌special measures defines more precisely NexSwiss's authorisation to place or not place targeted advertising if such an addendum exists).

These robots also allow us to detect malicious software, unauthorized use of our Services or spam. The analysis can take place at any time, from the moment you wish to send, until the reception and storage of the content.

However, this analysis is not 100% effective and should not be considered as taking place every time.

Consequences of improper use of our Services

In the event of non-compliance with the Terms of Use, in particular the creation of several Accounts for a single person or the provision of false information, NexSwiss reserves the right to proceed with the temporary or permanent deletion of all Accounts created by the offending Registered User. It shall be at the discretion of NexSwiss to judge whether or not a proscribed use of our Services or non-compliance with the Terms of Use is involved.

The termination of the Account will result in the permanent loss of all benefits and services acquired on the Services.

In the event of deletion of an account by NexSwiss for failure to comply with the duties and obligations set out in the Terms of Use, the offending User is formally prohibited from re-registering on the Services, via another email address or by an intermediary without the express authorisation of NexSwiss.

Non-compliance with our Terms of Use without immediate action on our part does not mean that we have waived our rights, nor our rights to do so at a later date.

Improper use is prohibited, do not attempt to interfere with our Services by using tools or instructions not provided by NexSwiss. Our Services may only be used in compliance with the laws in force.

Failure to comply with these terms and conditions and rules may result in the suspension of our Services to you or in general.

Subcontractors and partners

Introduction

NexSwiss may use third parties to carry out certain transactions. By browsing the Services, You accept that third parties may have access to your Data in order to enable the proper functioning of the Services.

These third parties have access to the data collected only in the context of the performance of a specific task. NexSwiss remains responsible for the processing of your Data.

In addition, the User may receive information or commercial offers from NexSwiss, the Account Manager or its Partners. (However, we generally do not authorise our Partners to make commercial offers using the data that passes through their offices, and we do not sell your data to third parties (but as our Partners may have access to it, in order to carry out a specific task)).

The User may at any time oppose the receipt of these commercial offers by writing to the address of the third party concerned.

In addition, Users' information may be transmitted to third parties without their prior express consent in order to achieve the following purposes:

Some notes on some Partners

Details on the data processing carried out by these Partners can be found in the Addendum‌ regarding ‌data‌ ‌processing. However, some Partners are also mentioned here in order to better explain how we work with them (integration of their products in particular) and to give you tips on how to deactivate some of them.

Google (Google Analytics, Youtube, etc)

The Services probably use Google Analytics and/or Youtube. The provider is Google Inc, 1600 Amphitheatre Parkway Mountain View, CA 94043, USA.

Google Analytics

Note: Google Analytics is probably not used if the Platform you are on only opens subscriptions to a group of people, but services including similar tools such as Google Firebase can still be used.

Google Analytics aims to "quantify the frequentation of a site according to indicators such as the number of unique visitors, page views, visits, average duration of visits, etc.". It [Web site audience measurement] is the measurement, collection, analysis and presentation of data from the Internet used to understand and optimize the use of the Web. (© Copyright author(s) of Wikipedia - under CC BY-SA 3.0)

In order to comply with the General Data Protection Regulations 2016/679 of 27 April 2016 and to reduce the collection and use of data by Google as much as possible, we have followed the guidelines of the Ecole Polytechnique Fédérale de Lausanne regarding Google Analytics, which had to deal with the same problem:

https://www.epfl.ch/campus/services/ressources-informatiques/publier-sur-le-web-epfl/recommandations-legales-sur-la-publication-web-epfl/usage-de-google-analytics/

This link is for information purposes only and has no contractual value, its content is not included in these Terms of Use.

So here is what we are doing, inspired by what the EPFL is doing:

You can deactivate the Google Analytics service and thus prevent the transfer of data to Google by installing a Google Analytics deactivation add-on in your browser.

You can find more information about how Google Analytics handles usage data on the Google Privacy Policy.

Youtube

The use of youtube is done via the "advanced privacy mode" proposed by Youtube, so it is only when you launch the video that a cookie is saved on your browser. According to YouTube, no personal information generated by a cookie is saved when viewing a page with an embedded video with advanced data protection enabled. To ensure that no data about you is recorded by and on YouTube, do not click on embedded videos.

Some indicative and non-contractual information on this "advanced privacy mode": https://support.google.com/youtube/answer/171780?hl=fr

Cookies

To enable Users to benefit from optimal navigation on the Services and better functioning of the various interfaces and applications, NexSwiss or a NexSwiss Partner may install cookies on the User's computer. These cookies make it possible to store information relating to browsing the Services, as well as any data entered by Users (in particular searches, login, email, etc.).

The User expressly authorises NexSwiss and its Partners to deposit a file called a "cookie" on the User's hard disk.

The User normally has the possibility of blocking, modifying the conservation period, or deleting this cookie via the interface of his browser. If the systematic deactivation of cookies on the User's browser prevents the User from using certain Services or even all of them, this malfunction shall under no circumstances constitute damage for the User, who cannot claim any compensation for this fact.

Warranties and Disclaimers

The Services are provided without any specific promises or warranties, and you therefore acknowledge that we make no representations or warranties regarding the content, availability, functionality or reliability of the Services. Unless your Account is managed by an Account Manager, in which case, the clarifications or contradictions set out in the Addendum regarding special measures are those valid. It is also possible that you may have other warranties through the Account Manager Agreement. For more information, ask your Account Manager.

TO THE EXTENT PERMITTED BY THE APPLICABLE LAW AND BY THIS CONTRACT, WE EXCLUDE ALL WARRANTIES AND LIABILITY.

NexSwiss, its Partners and Distributors and the Account Manager shall not be liable (to the extent permitted by the applicable law) for any loss of income, data or profit interest, whether indirect, consequential punitive exemplary or special.

NexSwiss's total liability for claims relating to or arising from the Terms of Use or implied warranties is limited to the amount you paid us to use the Services.

NexSwiss, its Partners and the Account Manager shall not be liable for any loss or damage which could not be reasonably foreseeable.

In addition, you acknowledge that the Services may suffer data loss or deletion, therefore it is your duty to back up the content you publish and your Data yourself.
NexSwiss shall not be liable to you:

NexSwiss shall under no circumstances be held liable for delays in the performance of a service for reasons which are beyond its control, beyond its control, unforeseeable and irresistible or for which it cannot be held responsible.

About these Terms of Use

Modification of these Terms of Use

NexSwiss reserves the right to modify the Services, the Terms of Use as well as any delivery procedure or other constituent element of the services provided by NexSwiss through the Services.

You agree that changes to our Terms of Use may occur and be visible only on the Services. You also agree that by using the Services after the changes are effective you accept these new Terms of Use.

Our Terms of Use, as well as any additional terms of use that apply to a particular service, may be modified to reflect changes in our Services or to comply with the applicable law. Therefore, it is your duty to review all Terms of Use on a regular basis.

Any changes we make will be posted on the Terms of Use page. Services affected by significant changes will receive a special warning. In addition, it is normally possible for you to subscribe to the changes via the platform's notifications.

The addendum do not apply retroactively.

If you do not accept the changes made, you must cease all use of the service in question. If a reasonable period of time (for example, 14 days) elapses between the application of the changes and their announcement, you may not be considered to have used the Services without first having had the opportunity to become aware of the changes.

Should a judge decide that new conditions are not applicable, the old ones will remain valid.

Duration of this contract

As long as you have an account on our Services or visit our Services, you are bound to us by these Terms of Use. If you delete your Account and stop using and visiting our Services, these Terms of Use will terminate.

However, after termination (and before), you may not use the knowledge gained by using the Services to practice reverse engineering or attempt to create a similar or substitute service.

In addition, after termination (and before), you may not use the knowledge gained by using the Services to harm indirectly or directly the quality and safety of the Services that have been used.

The Clauses below (as well as this clause which indicates the surviving clauses) will survive the termination or expiration of the Terms of Use:

Discrepancies

In the event that one or more provisions of the Terms of Use or additional terms of use should prove to be inapplicable or invalid, all other provisions shall remain valid. In the event of a dispute, the judge will replace the inapplicable clause by another one that can best represent the common intention of the parties.

Attribution of competence clause

The law governing the Terms of Use is the Swiss law. The place of jurisdiction is Ecublens VD, Swiss. Any dispute experienced or felt by a User or the Account Manager that may arise against NexSwiss during the execution of the present Terms of Use shall be subject to an attempt at amicable resolution. Failing this, disputes shall be brought to the attention of the competent courts in Ecublens, VD, Swiss.

Version 1.0 of June 16, 2019

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