Terms of Service

These Terms and Conditions ("Agreement") set forth the terms and conditions governing your use of the "brandoo" mobile application ("Mobile Application" or "Service") and all related products and services (collectively, "Services"). This Agreement is legally binding between you ("User", "you" or "your") and brand technologies ag ("brand technologies ag", "we", "us" or "our"). By accessing and using the Mobile Application and Services, you acknowledge that you have read, understand, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have authority to bind that person to this Agreement, in which case the terms "User," "you," or "your" will refer to that person. If you do not have such authority, or if you do not agree to the terms of this Agreement, you are not required to accept this Agreement and may not access and use the Mobile Application and Mobile Services. You acknowledge that this Agreement is a contract between you and brand technologies ag, even if it is signed electronically and not physically by you, and that it governs your use of the Mobile Application and Services.

Accounts and Membership

You must be at least 13 years of age to use the Mobile Application and Services. By using the Mobile Application and Services and by agreeing to this Agreement, you warrant and represent that you are at least 13 years of age. If you create an account on the Mobile Application, you are responsible for maintaining the security of your account and are fully responsible for all activities that occur under the account and for all other actions taken in connection with the account. We may monitor and verify new accounts before you can sign up and begin using the Services. Providing false contact information of any kind may result in termination of your account. You must notify us immediately of any unauthorized use of your account or other breach of security. We will not be liable for any acts or omissions by you, including damages of any kind resulting from such acts or omissions. We may suspend, deactivate or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not register for our Services again. We may block your email address and Internet Protocol address to prevent further registration.

User Content

We do not own any data, information or materials (collectively, "Content") that you submit to the Mobile Application in the course of using the Service. You are solely responsible for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Content submitted. We may monitor and review the content in the mobile application you submit or create using our Services. You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content in your User Account as necessary to provide the Services to you. Without limiting any of these representations or warranties, we have the right, but not the obligation, in our sole discretion to refuse or remove any content that we reasonably believe violates our policies or is in any way harmful or objectionable. You also grant us the license to use, reproduce, adapt, modify, publish or distribute the content you create or store in your account for commercial, marketing or similar purposes.

Prohibited Activities and Uses

You may not use the Mobile Applications and Services to post content or engage in activities that are illegal under applicable law, harmful to others, or subject us to liability, including, without limitation, in connection with any of the following, each of which is prohibited under this Policy:

• Distributing malware or other malicious code.
• Disclosing sensitive personal information about others.
• Collecting or attempting to collect personal information about others without their knowledge or consent.
• Distributing pornography or content harmful to minors.
• Promoting or facilitating prostitution or escort services.
• Hosting, distributing or linking to child pornography or content harmful to minors.
• Promoting or facilitating gambling, violence, terrorist activities, or sale of weapons or ammunition.
• Engaging in the unlawful distribution of controlled substances, drug smuggling, or prescription drugs.
• Managing payment aggregators or facilitators, such as processing payments on behalf of other businesses or charities.
• Facilitating pyramid schemes or other models to collect payments from public actors.
• Threatening harm to persons or property or otherwise engaging in harassing behavior.
• Purchasing the offered services on behalf of another person.
• Misrepresentation or fraudulent representation of products or services.
• Infringing the intellectual property or other proprietary rights of others.
• Facilitating, supporting or promoting any of the above activities through the mobile application and services.

Misuse of the system

Any user who violates the security of the mobile application and services will be held criminally and civilly liable and may have their account terminated effective immediately. Examples include, but are not limited to, the following:

Use or distribution of tools designed to compromise the security of the mobile applications and services. Intentional or negligent transmission of files containing a computer virus or corrupted data. Accessing another network without permission, including searching for vulnerabilities or violating security or authentication measures. Unauthorized scanning or monitoring of data on a network or system without proper authorization from the owner of the system or network.

Service resources

You may not consume excessive amounts of Mobile Application and Services resources or use the Mobile Application and Services in a manner that causes performance problems or disrupts services to other users. Prohibited activities that contribute to excessive usage include, without limitation: Intentional attempts to overload the mobile application and services and spread attacks (i.e., denial of service attacks). Engaging in other activities that degrade the usability and performance of the Mobile Application and Services.

No Spam Policy

You may not use the Mobile Applications and Services to send spam or unsolicited bulk messages. We maintain a zero tolerance policy for use of the Mobile Applications and Services in any manner associated with the transmission, distribution or delivery of bulk email, including unsolicited bulk or unsolicited commercial email, or sending, supporting or soliciting the transmission of commercial email that does not comply with the U.S. CAN-SPAM Act of 2003 ("SPAM"). Your products or services advertised via SPAM (i.e., Spamvertised) may not be used in connection with the Mobile Application and Mobile Services. This provision includes, but is not limited to, SPAM sent via fax, telephone, mail, email, instant messaging or newsgroups.

Sending email through the Mobile Application and Services to purchased email lists ("secure lists") will be treated as SPAM.

Defamation and offensive content

We value freedom of expression and encourage users to be respectful of the content they post. We are not a publisher of user content and are not in a position to investigate the truthfulness of individual defamation claims or to determine whether particular material that we may find objectionable should be censored. However, we reserve the right to moderate, disable or remove content to prevent harm to others or to us or the Mobile Application and Mobile Services, as determined in our sole discretion.

Copyrighted Content

Copyrighted material may not be published through the Mobile Applications and Mobile Services without the express permission of the copyright owner or a person expressly authorized to do so by the copyright owner. Upon receipt of a claim of copyright infringement or notice of such infringement, we will promptly initiate a full investigation. However, we will generally require a court order from a court of competent jurisdiction, as determined by us in our sole discretion, to remove allegedly infringing material from the Mobile Applications and Services. We may terminate the service of users with repeated copyright infringement. If necessary, further procedures may be implemented. We will not be liable to users of the Mobile Applications and Services for the removal of such material. If you believe that your copyright is being infringed by one or more persons using the Mobile Application and Services, please contact us to report copyright infringement.

Security

You assume full responsibility for maintaining appropriate security measures for your account. You are responsible for protecting and updating any login account provided to you for the Mobile Application and Mobile Services.

Enforcement

We reserve the right to be the sole arbiter in determining the severity of any breach and to take immediate remedial action, including, but not limited to, the following

Suspension or termination of your service with or without notice for any violation of this Policy. Violations may also result in immediate suspension or termination of your account. Disabling or removing content prohibited by this Policy, including preventing harm to others or to us or the Mobile Applications and Services, as determined by us in our sole discretion. Reporting violations to law enforcement authorities, as determined by us in our sole discretion. Failure to respond to an email from our abuse team within 2 days or as otherwise specified in the notice to you may result in suspension or termination of your account. Suspended and terminated user accounts due to violations will not be reactivated. A backup copy of User Data may be requested, but may be subject to certain penalty fees imposed depending on the violation of these Policy provisions. The final penalty fee will be determined by the nature and frequency of the violations.

Nothing contained in this Policy shall be construed to limit in any way our actions or remedies with respect to the Prohibited Activities. We reserve the right to take any additional action we deem appropriate with respect to such activities, including, but not limited to, action to recover the costs and expenses of identifying offenders and removing them from the Mobile Application and Mobile Services and charging cancellation fees to recover our costs. In addition, we reserve at all times all rights and remedies available to us at law or in equity with respect to such activities.

Reporting Violations

If you have discovered a violation of this Policy and wish to report it, please contact us immediately. We will investigate the situation and provide you with full assistance.

Backups

We are not responsible for the content contained in the mobile application. In no event will we be held liable for any loss of content. It is your sole responsibility to ensure adequate backup of your content. Notwithstanding the foregoing, on some occasions and under certain circumstances, we may, without any obligation, restore some or all of your data that has been deleted as of a certain date and time when we have backed up data for our own purposes. We do not guarantee that the data you need will be available.

View

During your use of the Mobile Application and Services, you may correspond with advertisers or sponsors who display their goods or services through the Mobile Application and Services or participate in promotions. All such activities and any terms, conditions, warranties or representations associated with such activities are solely between you and the applicable third party. We assume no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and such third party.

Links to Other Resources

Although the Mobile Applications and Services may be linked to other resources (such as websites, mobile applications, etc.), we do not imply, directly or indirectly, any approval, association, sponsorship, endorsement or affiliation with any linked resource, except as expressly stated herein. Some of the links in the Mobile Application may be "affiliate links". This means that if you click on the link and purchase an item, brand technologies ag will receive an affiliate commission. We are not responsible for reviewing or rating, and do not guarantee, the offerings of any company or individual or the content of their resources. We assume no responsibility or liability for the actions, products, services, and content of other third parties. You should carefully review the legal statements and other terms of use of any resource you access through a link in the Mobile Applications and Services. Your linking to other off-site resources is at your own risk.

Prohibited Usage

In addition to the other terms and conditions set forth in the Agreement, you are prohibited from using the Mobile Application and Services or the Content: (a) for any unlawful purpose; (b) to solicit others to engage in or participate in any unlawful activity; © to violate any international, federal, provincial or state regulation, rule, law or local ordinance; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) transmit false or misleading information; (g) upload or transmit viruses or any other type of malicious code that is or may be used in any manner that interferes with the functionality or operation of the Mobile Application and Services, Third Party Products and Services, or the Internet; (h) spam, phish, pharm, pretext, spider, crawl or scrap; (i) for obscene or immoral purposes; or (j) to interfere with or circumvent the security features of the Mobile Application and Services, Third Party Products and Services or the Internet. We reserve the right to terminate your use of the Mobile Applications and Services if you violate any of the prohibited uses.

Intellectual Property Rights

"Intellectual Property Rights" means all present and future rights granted by statute, common law or equity in or relating to copyrights and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for infringement, rights in inventions, rights of use and all other intellectual property rights, in each case whether registered or unregistered, and including all applications for and rights that may be filed and granted, rights to claim priority, such rights, and all similar or equivalent rights or forms of protection and all other results of intellectual activity now existing or hereafter to exist in any part of the world. This Agreement does not transfer from brand technologies ag to you any brand technologies ag or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with brand technologies ag. All trademarks, service marks, graphics and logos used in connection with the Mobile Application and Services are trademarks or registered trademarks of brand technologies ag or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Mobile Application and the Services may be the trademarks of other third parties. Your use of the Mobile Application and Services grants you no right or license to reproduce or otherwise use any brand technologies ag or third-party trademarks.

Disclaimer

You agree that such service is provided on an "as is" and "as available" basis and that your use of the Mobile Application and the Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will meet your requirements or that the Service will be uninterrupted, timely, secure or error-free; nor do we warrant the results that may be obtained from the use of the Service or the accuracy or reliability of any information obtained through the Service or that any errors in the Service will be corrected. You understand and agree that any downloading of material and/or data or otherwise through the use of the Service is done at your own discretion and risk, and that you are solely responsible for any damage or loss of data that results from the downloading of such material and/or data. We do not warrant any goods or services purchased or obtained through the Service or any transactions entered into through the Service, unless otherwise stated. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly stated herein.

Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall brand technologies ag, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for loss of profits, revenue, sales, goodwill, use of content), impact on operations, business interruption, loss of anticipated savings, loss of business opportunity), however caused, under any theory of liability, including but not limited to contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised of the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of brand technologies ag and its affiliates, officers, employees, agents, suppliers and licensors with respect to the Services shall be limited to the greater of one dollar or all amounts actually paid by you in cash to brand technologies ag for the one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for losses or fails of its essential purpose.

Indemnification

You agree to indemnify and hold brand technologies ag and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from any liability, loss, damage or expense, including reasonable attorneys' fees, arising in connection with or as a result of any allegation, claim, action, dispute or demand made against them by any third party as a result of or in connection with your Content, your use of the Mobile Application and Services, or any willful misconduct by you.

Severability Clause

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable law and shall be limited to the extent necessary to make this Agreement not illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid or unenforceable, it is the intent of the parties that the remaining provisions or portions thereof constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Settlement of Disputes

The formation, interpretation and performance of this Agreement and all disputes arising hereunder shall be governed by the substantive and procedural laws of Switzerland without regard to its conflict or choice of law rules and, to the extent applicable, by the laws of Switzerland. The exclusive jurisdiction and venue for any action relating to the subject matter of this Agreement shall be the courts located in Switzerland, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any action arising out of or relating to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.

Assignment

You may not assign, resell, sublicense or otherwise transfer or delegate any of your rights or obligations under this Agreement, in whole or in part, without our prior written consent, which shall be given in our sole discretion and without obligation, and any such assignment or delegation shall be null and void. We shall be free to assign any of its rights or obligations under this Agreement, in whole or in part, to a third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.

Changes and Amendments

We reserve the right to modify this Agreement or its terms with respect to the Mobile Application and the Services at any time, effective upon posting an updated version of this Agreement on the Mobile Application. If we do so, we will post a notice in the Mobile Application. Your continued use of the Mobile Application and Services following such changes will be deemed to be your acceptance of such changes.

Acceptance of these Terms

You acknowledge that you have read this Agreement and agree to all of its terms and conditions. By accessing and using the Mobile Application and Services, you agree to be bound by this Agreement. If you do not agree to be bound by the terms of this Agreement, you are not authorized to access or use the Mobile Application and Mobile Services.

Contacting Us

If you would like to contact us to learn more about this Agreement, or if you would like to contact us, you may send an email to report@brandoo.com.

This document was last updated on May 12, 2023.