Terms and Conditions of activate.ch

These Terms and Conditions govern:

• the use of this Website, and,

• any other related Agreement or legal relationship with the Owner

in a legally binding manner. Capitalized words are defined in the corresponding sections of this document.

The User must read this document carefully.

The following entity provides this Website:

Activate sàrl Rue de la Pélisserie 18 1204 Geneva, Switzerland

Owner contact email: hello[at]activate.ch

TERMS OF USE

Unless otherwise specified, the terms of use detailed in this section apply generally when using this Website.

Unique or additional terms of use may apply to specific contexts and are indicated additionally within this document.

By using this Website, Users agree to comply with the following conditions:

Content on this Website

Unless otherwise indicated or clearly identifiable, all content available on this Website is owned by or provided by the Owner or its licensors.

The Owner endeavors to ensure that the content presented on this Website does not infringe any applicable legal provisions or third-party rights. However, it may not always be possible to achieve this result. In such cases, without prejudice to the Users' legal prerogatives to enforce their rights, Users are kindly requested to preferably report any complaints using the contact information provided in this document.

Access to external resources

Through this Website, Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and shall therefore not be held responsible for their content or availability.

The conditions applicable to resources provided by third parties, including those applicable to any potential grant of rights in the content, are governed by the terms and conditions of such third parties or, in the absence thereof, by applicable statutory law.

Acceptable use

This Website and the Service may only be used within the scope of what they are provided for, under these Terms and Conditions and applicable law.

Users shall be solely responsible for ensuring that their use of this Website and/or the Service does not violate any applicable laws, regulations, or third-party rights.

Common provisions

No waiver clause

The Owner's failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service interruption

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates, or any other changes, while duly informing Users.

Within the limits of the law, the Owner may also decide to suspend or terminate the Service entirely. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw personal data or information and will respect Users' rights regarding continued use of the product and/or compensation, as provided by applicable law.

Additionally, the Service may be unavailable due to reasons beyond the Owner's reasonable control, such as force majeure events (infrastructure failures or power outages, etc.).

Service resale

Users may not reproduce, duplicate, copy, sell, resell, or exploit any portion of this Website and its Services without prior express permission, granted either directly or through a legitimate resale program.

Intellectual property rights

Without prejudice to any specific provision of these Terms and Conditions, all intellectual property rights, such as trademarks, patents, and design rights associated with this Website are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks—whether word marks or figurative marks—and all other marks, trade names, service marks, illustrations, images, or logos appearing in connection with this Website are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

Modification of these Terms and Conditions

The Owner reserves the right to modify or otherwise amend these Terms and Conditions at any time. In such cases, the Owner will duly inform the User of such modifications.

Such modifications will only affect the relationship with the User from the date communicated to the User onwards.

Continued use of the Service will signify the User's acceptance of the revised Terms and Conditions. If the User does not wish to be bound by such modifications, they must cease using the Service and may terminate the Agreement.

The applicable previous version will govern the relationship prior to the User's acceptance. The User may obtain any previous version from the Owner.

Assignment of contract

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms and Conditions, taking the User's legitimate interests into account. The provisions regarding changes to these Terms and Conditions will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms and Conditions in any manner without the written authorization of the Owner.

Contacts

All communications relating to the use of this Website must be sent using the contact information provided in this document.

Severability

Should any provision of these Terms and Conditions be deemed invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

Definitions and legal references

This Website (or this Application)

The property that enables the provision of the Service.

Agreement

Any legally binding agreement or contractual relationship between the Owner and the User, governed by these Terms and Conditions.

Owner (or We)

Indicates the natural person(s) or legal entity that provides this Website and/or the Service to Users.

Service

The service provided by this Website as described in these Terms and Conditions and on this Website.

Terms and Conditions

All provisions applicable to the use of this Website and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.

User (or You)

Indicates the natural person or legal entity using this Website.

Last updated: June 24, 2024