Terms of Use

The following Terms of Use (the ToU) apply to any use of V-Labs solution, including the application accessible at the Microsoft Store (the Solution), and any products and services available through the Solution (the Services), which are provided by V-Labs SA (CHE-196.073.147), route de la Galaise 34, c/o FONGIT, 1228 Plan-les-Ouates, Switzerland (V-Labs, we, us or our).

General

Acceptance of the ToU. Any access or use of the Solution or the Services is subject to these ToU. Anyone who accesses, browses and/or uses the Solution (a user or you) acknowledges having read, understood and agreed to these ToU. Any use of the Solution by any employee, agent or representative of a legal entity, on behalf of the legal entity is deemed as acceptance of these ToU by such legal entity.

Amendments. These ToU may be amended from time to time, in which case you will be notified by any appropriate means (including via email or through the Solution, e.g. banners, pop-ups or other notification mechanisms). By continuing access or use of the Solution after any amendment of the ToU, you agree to be bound by any such amendment.

Personal Account

Account. Access and use of the Solution require the registration of a personal account (the Account) and to be signed in. To create and maintain an Account, you must: 

1. be and remain (i) an employee, agent or representative of an organization which is a customer of V-Labs in connection with the Solution (the Organization) and (ii) authorized by your Organization to access and use the Solution];
2. have received from your Organization or V-Labs initial credentials for registration of your Account);
3. have accepted these ToU, including any modification thereto;
4. be an individual who is 18 years or of legal age in your country of residence if such age exceeds 18; and
5. provide the information required during registration.

Accuracy. You warrant that all information you provide in the registration process or otherwise is true and accurate. You must keep such information up to date. You undertake not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity. 

Confidentiality. You are responsible for the quality and confidentiality of your Account credentials and for the use that is made of your Account, including any third party’s use irrespective of whether you authorized such use or not. You are fully liable for any losses and/or damages that may result from any such use. You must immediately notify us by means of the contact information in Section 11 of any unauthorized access or use of your Account or any other breach of security. V-Labs shall not be held liable for any loss or any damage resulting from non-compliance with these ToU.

Services

Compliance. The provision of Services is subject to compliance with these ToU, as well as to compliance with any instructions communicated by V-Labs by any useful means.

General Practices. V-Labs may determine at its sole discretion general practices and limits related to the use of the Solution and/or Services, such as the maximum period of time during which data or content will be stored by the Services, or the maximum storage space that shall be allotted on our servers on your behalf. We reserve the right to change these general practices and limits anytime, with or without notice.

Mobile Services. The Services include services of features available via mobile devices, including (i) the ability to upload content to Services; (ii) the ability to browse the Solution and Services; and (iii) the ability to access certain features through an Solution downloaded and installed on a mobile device (the Mobile Services). When you use the Mobile Services, you may be asked to provide us with your telephone number. By providing your telephone number, you consent and allow us and our service providers to contact you at that number to provide you with the Solution and/or Services to pursue our legitimate interests.

High-Risk Use. The Solution is not designed or intended to support any use in which a service interruption, defect, error, or other failure of the Solution could result in the death or serious bodily injury of any person or in physical or environmental damage. 

Not a Medical Device. You acknowledge and agree that the Solution (i) is not designed, intended or made available as a medical device(s), and (ii) is not designed or intended to be a substitute for professional medical advice, diagnosis, treatment, or judgment and should not be used to replace or as a substitute for professional medical advice, diagnosis, treatment, or judgment. 

Non-compliance. In case of non-compliance with our instructions or these ToU, we reserve the right to deny you access to the Solution, the Services or the provision thereof.

Equipment and Access

Equipment. We may specify from time to time minimal technical requirements for accessing the Solution. You are responsible for procuring at your expenses the equipment and software required to access the Solution and/or Services, and for the payment of any costs incurred through their use.

Internet Risks. The use of the Internet involves risks, in particular that the data transmitted may be intercepted, altered or deleted. By using the Solution and/or the Services, you accept these risks and we disclaim all liability in this respect. Please also refer to Section 9.4 (No Warranties and Liability – Internet Disclaimer).

Intellectual Property

Ownership of V-Labs. We and our licensors own the copyright and all intellectual property rights in and to the Solution, as well as the information, data and content published by us on or through the Solution (the Content) and the Services. We and/or our licensors reserve all rights on the Solution, the Content and the Services not expressly granted herein.

License. Subject to your compliance with these ToU and any additional applicable terms referred to on the Solution, we grant you a non-exclusive, non-transferable, revocable and limited license, without the right to sublicense, to access the Solution and the Content strictly for the purpose of using the Services in accordance with these ToU, on behalf and for the benefit of your Organization.

Trademarks. V-Labs’ name, logos, signs, and products or Services names, logos or signs are trademarks and service marks of V-Labs (V-Labs Trademarks). Trademarks, signs and logos of third parties used in connection with the Solution, the Services and or the Content are the trademarks of their respective owners. Nothing in these ToU shall be construed as granting any license or right to use any of V-Labs Trademarks.

Infringement. If you think that the Solution, the Content or the provision of any Services infringe any copyright or other intellectual property rights, you may contact us at all times by means of the contact information in Section 11 and we will investigate your request.

Undertakings of Users 

Restrictions. You must at all times comply with these ToU and all laws and regulations applicable to the use of the Solution. Subject to mandatory law to the contrary, you are not allowed to (i) copy, modify or create derivatives of any part or all of the Solution, Content and/or the Services; (ii) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Solution, Content and/or the Services or any part of their infrastructure available to any third party; (iii) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Solution or of its infrastructure, nor incorporate any Content into another Solution or medium; (iv) access the Solution’s code, attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Solution or its infrastructure; (v) and gather the email addresses or other Content or information available on the Solution for purposes of spamming or for any non-personal or commercial purposes; (vi) to access and/or use the Solution, Services or Content in the context of public performances; (vii) to circumvent or interfere by any way with security or other measures applicable to the Services and your use thereof, including the blocking or suspension of your Account. 

Undertaking of Users. By using the Solution and/or the Services, you undertake to comply with these ToU and all applicable laws, not to use the Solution and/or Services for unlawful purposes, not to include incomplete, false or inaccurate information, not to include any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, intercept or counter any system, data or personal information.

Representations and warranties of Users. You represent and warrant that your use of the Solution shall not (i) infringe, or cause a third party to infringe, any applicable law or regulation; (ii) infringe any intellectual property right, or other proprietary rights or right of publicity or privacy; (iii) be unlawful; (iv) be defamatory or trade libelous; (v) be obscene or contain pornography; (vi) include incomplete, false or inaccurate information about yourself or any information about any other individual, company or other legal entity; (vii) be inadequate or of inadequate language; and (viii) alter the Solution, or insert any malicious software into the Solution or its infrastructure.

Indemnification. You must defend, hold harmless and indemnify us for any claim, demand, dispute, litigation, damage or loss (including reasonable attorney’s fees) incurred by us or another user or a third party arising out of your access and use of the Solution and/or any infringement of the ToU.

Privacy and data protection

Our privacy notice is accessible at https://v-labs.ch/privacy-policy/. It describes how personal data is collected via the Solution and/or Services and for what purposes. This privacy notice, as amended from time to time, forms an integral part of these ToU.

Amendments, Suspension and Termination of Use

In General. We reserve the right, at any time, without having to provide any justification therefore, to modify or temporarily or permanently stop, or remove the Solution, any Content and/or any Service, with or without notice, without incurring any liability. We reserve the right to remove or delete any Content.

Updates and modifications. You agree that we may require you to accept and download updates for further use or access to the Solution when it is necessary for proper functioning of the Solution. Furthermore, in order to improve the Solution, we reserve the right to introduce automatic updates and modifications into the Solution (if applicable) so long as your device is connected to the Internet, without you needing to install the said updates and modifications manually. In order to ensure efficiency of the mentioned updates and modifications and to enable you to continue using the Solution, you hereby express consent to the introduction of such updates and modifications. All updates constitute an integral part of the Solution and the rules of these ToU apply to such updates.

Account. We may temporarily or permanently suspend, cancel or terminate your Account, any information relating therewith, and/or your access and/or use to all or part of the Solution, with or without notice and for any reason, including, without limitation, breach of these ToU or if you leave your Organization, without incurring any liability.  Depending on our agreement with your Organization, your Organization may be granted the possibility to directly exercise any or all of the above-mentioned rights directly.

No Warranties and Liability

In General. The Solution, Content and Services are provided to you “as is” and “as available”. To the maximum extent permitted by applicable law, we disclaim all warranties in connection therewith, whether express, implied or statutory, including any warranties of merchantability, fitness for a particular purpose, quiet enjoyment and non-infringement of third-party rights. In particular, we do neither represent nor warrant that the Solution, Content and Services will meet your requirements, that the operation of the Solution will be uninterrupted or error-free, that the Content will be error-free, that any errors in will be corrected, that we will ensure continued compatibility of the Solution with any third-party products, even if they were compatible at any given moment that the Solution will always be available and remain available unchanged. The use of the Solution, Content and Services is entirely at your own risk, and we expressly disclaim any warranties regarding your use thereof and/or any decisions taken based on the insights gained from your use thereof.

Third-party content. The Solution may contain contents provided or maintained by third parties, or links to such contents. These links are provided solely as a convenience to the Users and not as an endorsement by us of such content. We assume no responsibility or liability in relation therewith.

No liability. To the extent permitted by applicable law, we waive all liability for any direct, indirect, consequential or special losses or damages of any kind whatsoever, arising from, or in connection with, the access and use of the Solution, including authorized or unauthorized third party use of Accounts, or any reliance on any of the Content. Without prejudice to the generality of the foregoing, to the extent permitted under applicable law, we disclaim any liability for damages or losses, whether foreseen or foreseeable, or whether we have been advised of the risk thereof, related to the loss of use, interruption of business, loss of actual or anticipated profit, loss of revenue, loss of anticipated savings, loss of opportunity, loss of goodwill, loss of reputation, loss of, damage to or corruption of data, or any other indirect, special, incidental, exemplary, or consequential damages or losses of any kind, regardless of the form of action, whether in contract, tort, strict liability or otherwise.

Internet Disclaimer. In addition, we disclaim any liability for the manipulation of a computer system by you, your representatives, or unauthorized third parties. We expressly draw your attention to the risk of viruses and the possibility of targeted attacks by hackers. To combat viruses, we recommend that you use the latest browser versions and install continuously updated anti-virus software. The opening of e-mails from unknown sources and unexpected attachments contained in e-mails should generally be avoided. Ordinary e-mails sent via the Internet are neither confidential nor secure and can be read by third parties, lost, intercepted or modified. Emails cross borders, even if the sender and recipient are in the same country. E-mails can be infected by viruses.

Miscellaneous

Severability. If any provision of these ToU is or becomes invalid, unenforceable or non-binding, this shall not affect any other provision thereof. In such event, such invalid, unenforceable or non-binding provision shall nonetheless be enforced to the fullest extent permitted under applicable law, insofar as the invalid, unenforceable or non-binding provision shall be replaced by a valid, enforceable and binding provision reflecting to the greatest extent possible the intent of the original provision.

Governing Law. These ToU and the use of the Solution are governed by and construed in accordance with Swiss substantive law, without reference to its conflict of laws provisions. 

Jurisdiction. Any dispute or difference arising out of or in relation to these ToU or the use of the Solution shall be subject to the exclusive jurisdiction of the ordinary courts of the registered seat of V-Labs, subject to the right of appeal to the Swiss Federal Tribunal.

Contact

For any questions regarding the Solution or the ToU, you may contact us at support@v-labs.ch.