Terms of service

Last updated on: 01 June 2017

Please read these Terms of Service (“TOS”, “Terms of Use”) carefully before using maatoo (the “Service”), available at http://yourdomain.maatoo.io, operated by 55 weeks (“us”, “we”, or “our”).

Access to and use of the Service is conditional upon your acceptance of and compliance with these Terms of Use (including the Privacy Policy and the Acceptable Use Policy). These Terms of Use apply to all visitors, users and others who use the Service.

By accessing the Service, you agree to be bound by these Terms of Use. If you do not agree with any part of the Terms of Use, then you are not authorized to access the Service.

SUBSCRIPTION

Some parts of the Service are billed on a subscription basis (“Subscription(s)”). They are invoiced at recurring and regular intervals (“billing cycle”). A billing cycle is set at one month. At the end of each billing cycle, your subscription is automatically renewed under exactly the same conditions. The subscription contract may be terminated at the end of each month, for the first time at the end of the minimum contract period, subject to a period of notice of one month. The payment period is 30 days net in all cases.

The subscription comes into force with the agreement of both parties and is concluded for an indefinite period. The term begins with the placing of the order by the customer. The minimum duration is one month.

PRICE ADJUSTMENTS

We may, at our sole discretion and at any time, adjust the price of subscriptions. Any price adjustment will take effect at the end of the current billing cycle. We will notify you of such price changes immediately. You are entitled to cancel the subscription before the change takes effect. Your continued use of the Service after the price change constitutes your unconditional acceptance of the new subscription fees.

CONTENT

Our service allows you to publish, link, store, share, and otherwise make available text, graphics, video, or other assets (“content”). You are responsible for the content you post through the Service, including its legality, reliability and appropriateness.

By uploading content to the Service, you grant us the right to modify, publish, reproduce and distribute the content. You retain all rights to the content you upload to the service and you are responsible for protecting those rights.

You warrant in particular that:

  • that you own the content, you have the right to use the content, and you may assign to us the right as described in these Terms of Use; and
  • the publication of your content by the service does not violate the privacy rights, publicity rights, copyrights, contract rights or other rights of any other person

It is expressly forbidden to store, edit and distribute illegal or immoral content via the Service. In the event of a breach of these provisions, we may immediately and indefinitely block your access to the Service. We reserve the right to take further legal steps in serious cases.

ACCOUNTS

The access data may not be passed on to third parties without prior agreement with us. If we agree to a transfer to third parties, you must oblige third parties to also comply with these terms of use. The use of the data provided by us is not permitted if it contradicts the agreed purpose of the data transfer. You are solely responsible for the confidentiality and security of the access information to the accounts (user names and passwords). You are also responsible for all events related to the accounts of its users. You are obliged to inform us immediately of any unauthorized use of an account. This obligation to inform also applies to known or suspected security gaps.

INTELLECTUAL PROPERTY

The Service and its original content (excluding content provided by you and other users), features and functions are and remain the sole property of us and its licensors, namely censhare. The Service is protected by copyright law both in Switzerland and abroad. Our trademark may not be used with any product or service without our prior written consent.

LINKS TO OTHER WEBSITES

Our Service may contain links to third party websites and services over which we have no control and for which we cannot accept responsibility for the content, privacy policies or practices of third parties. You further acknowledge that we are not responsible or liable for any damage or loss caused directly or indirectly by the use of such content or services.

WEBSITES OR SERVICES

We strongly encourage you to read the terms and conditions and privacy policies of any third-party websites or services.

DUTY OF CARE, WARRANTY AND LIABILITY

Your use of the Service is at your own risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided on an “AS IS” and “AS AVAILABLE” basis with no warranty of any kind, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose or achievement of the Customer’s objectives.

We and our licensors, namely censhare, do not warrant that a) the Services will be uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of the use of the Service will meet your requirements.

We shall not be liable for any material or immaterial damages resulting from the use of the Service. Claims by the customer or third parties cannot be asserted.

In any case we are only liable for gross negligence and intent. In particular, we assume liability for the correctness, completeness and scope of the retrieved databases or individual data or for damages caused by defective content or programs (e.g. due to computer viruses) no guarantee. We are not liable for any damages resulting from this, that you refrain from taking appropriate precautionary measures in accordance with the state of the art, in particular the maintenance of a firewall or a virus search program.

TERMINATION

The subscription contract can be terminated by giving one month’s notice to the end of each month, for the first time at the end of the minimum contract period.

For important reasons, namely non-payment of the fee owed or violation of other essential provisions of these Terms of Use, we have the right to terminate the contract immediately.

In the event of termination of our authority to use or sublicense the Service and/or material components thereof for any reason whatsoever, we shall also have an extraordinary right of termination at a time to be determined by us. We are obliged to inform you as soon as possible of any such development.

In the event of termination of this Agreement for any reason whatsoever, we shall be entitled to deactivate user accounts at the end of the Agreement. Until the end of the contract you are obliged to download and save the content available on the Service for further use, subject to the applicable copyright and usage rights.
There is no further obligation to store customer data by us.

CHOICE OF RIGHT

These terms of use are governed by Swiss law to the exclusion of private international law.
Should individual parts of these Terms of Use prove to be invalid, ineffective or unfulfillable, the validity, effectiveness and fulfillment of the remaining parts of the Terms of Use shall not be affected.

CHANGE

It may be necessary for us to amend these terms of use from time to time. A new version of these Terms of Use will be sent to you at least 30 days before it becomes effective. Your use of the Service and the Website after the effective date of the new version of the Terms of Use constitutes your unconditional acceptance of the new version.