Terms and conditions of use
Also known as the "Addendum concerning data processing".
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
The security of your account 7
Protection and processing of your data 7
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
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
Some notes on some Partners 12
Google (Google Analytics, Youtube, etc) 12
Google Analytics 13
Warranties and Disclaimers 14
Duration of this contract 16
Attribution of competence clause 17
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.
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.
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.
We use Open Source software (Congratulations to the people working on it!). These Open Source software licences are available to you on our software.
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.
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.
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.
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.
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:
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.
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.
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.
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 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.
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.
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.
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.
The termination of the Account will result in the permanent loss of all benefits and services acquired on the Services.
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.
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:
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.
The Services probably use Google Analytics and/or Youtube. The provider is Google Inc, 1600 Amphitheatre Parkway Mountain View, CA 94043, USA.
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:
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.
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
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.
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, 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.
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.
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.
Version 1.0 of June 16, 2019