1. Your Agreement with Koubachi
- Your use of the Koubachi Service (the "Service") is governed by this agreement (the "Terms"). "Koubachi" means Koubachi AG, located at Technoparkstrasse 1, CH-8005 Zurich, and its subsidiaries or affiliates involved in providing the Service. The "Service" means the Services Koubachi makes available through this website, including other Top-Level-Domains and any other software or Services offered by Koubachi in connection to any of those.
- In order to use the Service, you must first agree to the Terms. You can agree to the Terms by actually using the Service. You understand and agree that Koubachi will treat your use of the Service as acceptance of the Terms from that point onwards.
2. Your Account and Use of the Service
- For certain Services, Koubachi may offer or require you to register for a Koubachi account. You ensure that all registration information you provide will always be valid, correct, and up to date. You are responsible for maintaining the security of your account and password. Accounts registered by bots or other automated methods are not permitted.
- You agree to use the Services only for purposes that are permitted by (i) the Terms of Service and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
- You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
- You agree that you are solely responsible for (and that Koubachi has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Service and for the consequences (including any loss or damage which Koubachi may suffer) of any such breach.
- Technical support is provided on a best-effort basis and only by e-mail. Koubachi does not grant the availability of technical support.
- You understand that Koubachi can use third parties (e.g. hosting partners) to provide the necessary resources (e.g. hardware, software, networking, storage etc.) to run the Services.
- Your Koubachi Account is always associated with your user account. Communication will be directed to the e-mail address associated with that account. You are responsible to inform Koubachi in case your E-Mail account will change.
4. Fees for Use of Service
- Subject to the Terms, the Service is provided to you without charge up to limits or quotas.
- Some Service at Koubachi is billed in advance and is non-refundable. There will be no refunds also in the following explicit cases: unavailability of Services, downgrade, unused Services, or when the functionality of Services is changed.
- The Koubachi Service and App is reserved for individuals. You are not allowed to share your account with others unless explicitly granted by Koubachi.
5. Take Down Obligations
- Koubachi reserves the right (but has no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all content or account from any of the Services at Koubachi's sole discretion.
- You agree that you are solely responsible for (and that Koubachi has no responsibility to you or to any third party for) any content that you create, transmit or display while using the Service and for the consequences of your actions (including any loss or damage which Koubachi may suffer) by doing so.
6. Property Rights
- You acknowledge and agree that Koubachi owns all legal right, title and interest in and to the Brand, Software Service, including any intellectual property rights which subsist in the Service (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You must not remove, modify or obscure any legal notices.
- You are not entitled to use Koubachi's trademarks, trade names, brands, domain names, or other distinctive brand features.
- The rights in and to brands, information, images, photos, and pictures remain the sole property of the owner, may this be a Koubachi partner firm or licensee.
- Koubachi may use, delete or alter images, photos, and pictures (as for example a photo of a plant) you create or submit to us while using the Service without prior notice and without indication of author.
- You remain the sole property owner of all data directly related to your person, i.e., all personal data such as name or address.
7. Recommendations and Advertisements
- Koubachi may, and you grant us permission to, make recommendations via the Service for products or Services we think may be of interest to you based on your Application(s), Content, and/or use of the Service.
- Some of the Services could be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on or made available to the Services.
- The manner, mode and extent of advertising on the Services are subject to change without specific notice to you.
- You agree that Koubachi may place such advertising on the Services.
8. Updates and Termination of Service
- Koubachi is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Service which Koubachi provides may change from time to time without prior notice to you. Changes to the form and nature of the Service will be effective with respect to all versions of the Service; examples of changes to the form and nature of the Service include without limitation changes to fee and payment policies, security patches, added functionality, and other enhancements.
- You may terminate these Terms at any time by canceling your account on the Service. You will not receive any refunds if you cancel your account.
- You agree that Koubachi, in its sole discretion and for any or no reason, may terminate your account or any part thereof. You agree that any termination of your access to the Service may be without prior notice, and you agree that Koubachi will not be liable to you or any third party for such termination.
9. Exclusion of Warranties
- Your use of the Services is at your sole risk. The Services are provided on an "as is" and "as available" basis.
- Koubachi does not warrant that (i) the Services will meet your requirements or expectations, (ii) the Services will be delivered uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Services will be accurate or reliable, (iv) any errors in the Services will be corrected.
- You understand and agree that Koubachi shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to any loss of profit, loss of goodwill, loss of plants, loss of business reputation, loss of data, cost of procurement of substitute goods or Services, or other intangible loss, resulting from: (i) the use or the inability to use the Services; (ii) any changes which Koubachi may make to the Services, or any permanent or temporary cessation in the provision of the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through the use of the Services; (v) or any other matter relating to the Services.
10. Other Content
- The Services may include hyperlinks to other web sites or content or resources or email content. Koubachi may have no control over any web sites or resources which are provided by companies or persons other than Koubachi.
- You acknowledge and agree that Koubachi is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
- You acknowledge and agree that Koubachi is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
11. Change of Terms
- Koubachi reserves the right to update and change the Terms of Service at any time without notice. You can review the most current version of the Terms of Service at https://www.koubachi.com/legal/terms?locale=en
- You understand and agree that if you use the Service after the date on which the Terms have changed, Koubachi will treat your use as acceptance of the updated Terms.
12. General Legal Terms
- Violation of any of the terms below can result in the termination of your account or access to the Services. Violation of any of the terms will also terminate your usage rights of the Services.
- The failure of Koubachi to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
- If a provision of this agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect: (i) the validity or enforceability in that jurisdiction of any other provision of this agreement; or (ii) the validity or enforceability in other jurisdictions of that or any other provision of this agreement.
- These Terms of Service constitute the entire agreement between you and Koubachi and replace all previous agreements under this title. There are no verbal subsidiary agreements.
- These Terms of Service, and your relationship with Koubachi under these Terms of Service, shall be governed by the laws of Switzerland. You and Koubachi agree to submit to the exclusive jurisdiction of the courts located in Zurich, Switzerland, to resolve any legal matter arising from the Terms of Service.
- If Koubachi provides you with a translation of the English language version of these Terms, the English language version of these Terms creates will control if there is any conflict.
- Koubachi shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood, labor conditions, power failures, and Internet disturbances.
Last revised on September 20, 2011
This document is an adaptation of Heroku's Terms of Service. The original work has been modified with permission under the Creative Commons Attribution 3.0 License. Heroku, Inc. is not connected with and does not sponsor or endorse Koubachi or its use of the work.