TERMS OF USE
For the use of Klapty, a platform accessible without limitation at www.klapty.com or via dedicated API (the Klapty Platform), and any products and/or any services available through the Klapty Platform or any other channel mentioned in these ToU (the Services), which are provided by Yetivisit SA, Rue de la Léchère, 1630 Bulle, Switzerland (we, our or Yetivisit).
-
I.
ACCESS AND USE OF THE KLAPTY PLATFORM
-
1.
Introduction
-
-
2.
Terms of Access
-
2.1. Terms of use.Any access or use of the Klapty Platform, the Services, or of any content available on the Klapty Platform (the Content), including use of the Marketplace, are subject to these terms of use (ToU). Anyone who accesses and/or uses the Klapty Platform, the Services and/or the Content (a User or you) acknowledges having read, understood and agreed to these ToU.
-
2.2. Legal entities.Any use of the Klapty Platform on behalf of a legal entity is deemed acceptance of these ToU also for this legal entity. By using the Klapty Platform or by creating a User Account (art. 3.1 ToU) on behalf of a legal entity, you confirm that you are duly authorized to do so and have the capacity to bind this legal entity.
-
2.3. Age restrictions.The Klapty Platform and the Services are offered and available to Users who are 16 years of age or older. If you are under 16 you may not use the Klapty Platform or the Services. By using the Klapty Platform, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Klapty Platform
-
2.4. Equipment.You are responsible for procuring at your expenses the equipment and software (computer, software, telecommunication means, etc.) required to access the Klapty Platform and use the Services, and for the payment of any costs incurred through their use. We, however, provide recommendations on the Products you may acquire to shoot Virtual Tours (see Section 18).
-
-
3.
Personal Account
-
3.1. Account.You do not need to be registered on the Klapty Platform to view Virtual Tours created by other Users, or consult our blog. Certain features of the Klapty Platform are, however, only available to Users having created a personal account (the Account) and being logged-in to their Account. Accounts may only be created by or on behalf of one single person (either an individual or an entity) and shall be used only by or on behalf of that person. You are not authorized to created multiple Accounts, or to share, sell or buy an Account. You may delete your account at any time, but beware that this action is irreversible.
-
3.2. 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 of any unauthorized access or use of your Account or any other breach of security.
-
-
4.
User Content
-
4.1. Ownership.The Klapty Platform allows Users to upload and publish content, including images, text, videos, for instance when they create Virtual Tours on the Klapty Platform or publish articles on our forum (the User Content). Ownership in User Content you upload to the Klapty Platform remains with you
-
4.2. License.We will only use your User Content to the extent required to provide, market and improve the Klapty Platform and our Services. To this end, you hereby grant us a worldwide, free of charge, perpetual, irrevocable, transferable, assignable license, with right of sublicense, to use your User Content[, including the right to adapt, copy, publish online and share your User Content, including for data mining and analytics purposes, or for developing and marketing new services.
-
4.3. Representation.Representation. You represent and warrant that your User Content, and more generally, your use of the Klapty Platform, will 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) include any false, incomplete or inaccurate information about yourself, or any information about any other individual,company or other legal entity, or be defamatory or trade libelous; (v) be obscene or contain pornography; or (vi) be inadequate or of inadequate language.
-
4.4. Personal and Private Data; owner consent.You are only authorised to include in your User Content information that can be directly or indirectly linked to individuals (personal data) if you have obtained the prior consent of all individuals to whom the information relates. Our Services contain a blurring tool that allows you to hide faces, license plates or other sensitive information and which you are required to use. In addition, you may only upload pictures of a building/place if you have obtained the consent of its owner. If you provide us with information about you or third parties, or pictures or other data relating to buildings/places, you warrant that you have obtained all required authorisations and that we may use it in accordance with these ToU and our privacy notice (see section 0).
-
4.5. Modification and Suppression.Your User Content will be hosted on the Klapty Platform’s infrastructure. We reserve the right (but do not have the obligation) to adjust, refuse or remove any User Content at our sole discretion. You may access, download and/or suppress your User Content via the preference settings of your User Account. You are responsible for retaining a copy of all your User Content. Although we will endeavor to ensure that your User Content remains available to you, we assume no liability in case of unavailability or lost (see section 27.2).
-
-
5.
Users’ duties
-
5.1. Obligations and Restrictions.You must at all times comply with these ToU and all laws and regulations applicable to your use of the Klapty Platform and the Services. Subject to mandatory law to the contrary, you are not allowed to: (i) use and/or access the Klapty Platform for purposes other than those provided for in these ToU; (ii) copy, reproduce, frame, mirror, crawl, republish, modify, create derivatives of, any part of the Klapty Platform, the Services and/or the Content (other than your own User Content); this does however not affect your right to share Virtual Tours using the tools available on the Klapty Platform (see Section 8.2); (iii) access or attempt to access the source code of the Klapty Platform, attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Klapty Platform or its infrastructure; (iv) introduce or attempt to introduce Trojan horses, time bombs or other programs designed to damage, cause adverse effects, intercept or counteract any system, data or personal information (v) access or use the Klapty Platform for the purpose of building a competitive product or service or copying its features or user interface; and (vi) gather the email addresses or other Content available on the Klapty Platform for purposes of spamming or for any non- personal or commercial purposes.
-
5.2. Accuracy.You warrant that all information you provide in the registration process or otherwise during your use of the Services is true and accurate. You must keep such information up to date at any time.
-
5.3. Non-compliance.Without limiting the rights otherwise provided under these ToU, in the event of non- compliance with these ToU, we reserve the right to refuse you access to the Klapty Platform, suppress your Account (if you have one) or to refuse to provide the Services (including Subscription Services)
-
-
6.
Support, Maintenance, an Availability
-
6.1. Support.Our customer support team is available 24/7 through our online chat if you have any questions regarding the Klapty Platform. To submit a request, simply go to www.klapty.com and ask your question to the Klapty chat on the right bottom. We will revert as soon as possible
-
6.2. Maintenance and Availability.We will continuously seek to identify and attempt to resolve problems which may negatively affect the proper functioning and availability of the Klapty Platform, the Services and the Content. Although we will use reasonable endeavours to maintain their availability, we do not guarantee it.
-
-
7.
Amendment and suspension
-
7.1. In General.We reserve the right at any time, without having to specify any particular reason, to temporarily or permanently modify or discontinue the Klapty Platform, any Content or any Service, with or without notice, without incurring any liability.
-
7.2. Updates and modifications.Any update or modification to the Klapty Platform, the Services or the Content will be made available to you at no charge. You agree that we may require you to accept updates for further use or access to the Klapty Platform when it is necessary for the proper functioning of the Klapty Platform. Furthermore, in order to improve the Klapty Platform, we reserve the right to introduce automatic updates and modifications into the Klapty Platform (if applicable) so long as your device is connected to the Internet, without your needing to install the said updates and modifications manually. All updates constitute an integral part of the Klapty Platform and the rules of these ToU apply to such updates.
-
7.3. Account.If you have an Account, we may, at our sole discretion, 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 Website, with or without notice and for any reason, including, without limitation, breach of these ToU, without incurring any liability.
-
-
II.
PROVISION OF OUR SERVICES
-
This Section II of the ToU specifies (in addition to the other parts of these ToU) your rights and obligations with
respect to the provision of our Services on the Klapty Platform, including the creation, edition and sharing of Virtual
Tours, as well as the other Services you may subscribe for on the Klapty Platform, with the functionalities and
limitations specified in the subscription plan applicable to such Services (Subscription Plan). For the avoidance of
doubt, we have no obligation to provide any service or software which are not expressly specified in these ToU or
a Subscription Plan.
-
8.
In General
-
8.1. Provision of Services.Subject to your compliance with all terms and conditions of these ToU (including Section 4), and any additional terms of your Subscription Plan, we will provide you with the Services you subscribed for under an obligation of means, in accordance with standard professional practice, with the care and diligence required from a supplier of similar services. Any Content made available to you as part of the Services will be licenses to you (and not sold), in accordance with Section 25.2.
-
8.2. Creating and sharing Virtual Tours.We provide a powerful technology which allows for automatic merging of panoramic pictures taken and strive to generate high quality Visual Tours. Each Virtual Tour is as a rule limited to 100 hundred panoramic pictures. The Virtual Tours that you create will be published on the Klapty Platform and be freely accessible to anyone with internet access (and referenced on search engines). Certain Paying Plans (see Section 10) offer, however, the possibility to create private Virtual Tours which are protected by a password. You may freely share the Virtual Tours that you created using the tools provided on the Platform (e.g. via an URL, social media platforms, email, or by embedding the Virtual Tour into external websites). You are not allowed to download or to modify the Virtual Tours you generated, or to suppress or modify any reference to Klapty, Yetivisit, and our other brand features that may be affixed to the Virtual Tours
-
8.3. Quality of Visual Tours.Despite the robustness and quality of the algorithms we use to generate the Virtual Tours, the computer-generated automation may result in slight image shifts, which are visible in the Virtual Tours. You confirm that you are aware of this and fully accepts it. We are not responsible for any discrepancies in the Visual Tour caused by us or by improper use by you (e.g., failure to follow instructions, improper settings of the camera or equipment, improper leveling, etc.).
-
-
9.
Free Plan
-
9.1. Subscription.By creating an Account (see section 3) you automatically subscribe to our “Free and Unlimited” Subscription Plans (the Free Plan). This Subscription Plans is free and allow you to create and share un unlimited number of Virtual Tours, as further detailed on the Klapty Platform
-
9.2. Duration.Free Plans are concluded for an unlimited period of time, and may be cancelled at any time by you or us
-
-
10.
Paying Plans
-
10.1. Subscription.You can use most of the functionalities of the Platform for free, but we’ve created several additional features that comes with paying Subscription Plans (each a Paying Plan). The additional features available for each Paying Plan are detailed on our website. To subscribe for the use of a Paying Plan, you must fill in the required payment information and click on the “Confirm Payment” button. Once your payment is accepted, a confirmation email will be sent to you.
-
10.2. Fees.By submitting your order to us, you make a firm commitment to pay the fees indicated in the Paying Plan or by any other appropriate means (the Fees). Fees are due and payable in advance of their respective terms, and non-refundable in case of cancellation. Non payment of the Fees may result in the temporary or permanent cancellation of your Paying Plan and suppression of your User Content.
-
10.3. Currency and taxes.Unless otherwise stated, the Fees are in euros (EUR). Fees may be displayed in foreign currencies based on the daily conversion rate, but payments will be debited in euros. Fees quoted include Swiss VAT, if applicable, and are exclusive of all other foreign, federal, regional and local taxes (including VAT) and duties, which will be included in the final price charged for the Services (e.g. EU or US VAT will be added to the final price if applicable)
-
10.4. Disbursement.Payment of the Fees shall be made by credit card, unless something else is indicated on the Klapty Platform. By subscribing for a Paying Plan, you authorize the card issuer to pay all such amounts and authorize us (or our billing agent) to charge the credit card account until the Subscription Plan is cancelled in accordance with these ToU. You must provide current, complete and accurate billing and credit card information. You agree to pay all costs of collection, including administrative and attorney’s fees and costs, on any outstanding balance. In certain instances, the bank or the issuer of the credit card may charge a foreign transaction fee or related charges, in which case you are responsible to pay it.
-
10.5. Duration.Paying Plans are concluded for an unlimited period of time until their cancellation by you or us. You may cancel or change (upgrading or downgrading) your Paying Plan at any time via the dedicated tool on your Account. Cancellation and changes to your Subscription Plan are immediate and irrevocable. In no event will Fees already paid be refunded to you. We may cancel your Subscription Plan by written notice (including by email), in which case the cancellation will become effective as of the end of your current paying period (i.e. until a new payment would have been due); provided that if we cancel a lifetime plan, we will reimburse you the fees paid for it minus a reasonable usage fee for the period during which your plan was active (which is calculated by diving the price you paid by a plan life expectancy of [24] months [e.g. if your plan was EUR 500 and was active for [18] months, we will reimburse you EUR [125]]; there will be no reimbursement if the life expectancy of your plan has been reached). We may further cancel your Subscription Plan with immediate effect at any time, and without liability to you, in case you material breach your obligations specified in these ToU
-
10.6. Change.We may modify the pricing or content of our Subscription Plans at any time, e.g. by adding new services for additional Fees, or amending current plans, at any time and in your sole discretion, provided that if the change concern your current Paying Plan, we will notify you in advance and the increase in Fees will only become effective upon the forthcoming payment term of the Subscription Plan.
-
10.7. Legacy Services.From time to time, we will cease to offer certain Subscription Plans. We will use commercially reasonable efforts to support such legacy Subscription Plans until the end of the term during which the Subscription Plan is deprecated or as otherwise terminated. Notwithstanding the foregoing, We reserve the right to discontinue supporting legacy Subscription Plans at any time without prior notice. If your subscription model is no longer available, the subscription will automatically be transformed into a subscription under the next closest subscription model existing, as will be indicated to you in writing.
-
-
11.
Additional Terms for 3D Content and Virtual Reality (VR)
-
11.1. VR Services.The Services may from time to time include access to hardware, software and content that, when used properly and in accordance with the instructions of their respective manufacturers or developers, enable you to enjoy 3D content or virtual reality (the VR Services). Use of the VR Services may expose you to certain health and safety hazards as described in the documentation of the respective hardware, software and content. By using the VR Services, you represent and warrant that you have read and understood all health and safety warnings and instructions before using the VR Services. Manufacturers and developers may update or revise them and it is your responsibility to review them periodically. You agree and acknowledge that access to and use of the VR Services is at your own risk and that we will not be liable for any harm or injury you may suffer, or cause to suffer, as a direct or indirect result of accessing or using the VR Services. If you believe that you may suffer, or cause to be suffered, any harm or injury as a direct or indirect result of accessing or using the VR Services, do not use the VR Services.
-
11.2. Third Party Warnings.Below is a list of some of the websites that contain health and safety warnings regarding the hardware, software and content that may be included in the VR Services. This list and its contents are subject to change and are provided for your information only. We make no representations or warranty regarding the adequacy or completeness of the health and safety warnings or other content in the websites listed below or the applicability of such warnings to any individual user of the VR Services https://www.oculus.com/warnings/ http://www.samsung.com/us/support/owners/product/SM-R320NPWSXAR https://theta360.com/en/legal/terms_of_use/ https://www.canon-europe.com/terms_and_conditions/
-
11.3. Removal and Liability.We reserve the right, in our sole discretion and if technically feasible, to disable access to the VR Services to the extent that we believe that use of the VR Services may violates any Klapty standards, agreements, rules, laws, regulations or policies. By using the VR Services, you agree that we assume no liability for removing or disabling such VR Services on this basis, or for our failure to remove, disable or discontinue access to such VR Services. Section 27 applies in addition.
-
-
III.
MARKETPLACE
-
The Marketplace is a Service offered on the Klapty Platform to connect Freelancers with Users who want to procure
their services (Clients). This Section Erreur ! Source du renvoi introuvable. of the ToU specifies (in addition to
the other parts of these ToU) your rights and obligations as Freelancer or Client.
-
12.
Acting as Freelancer
-
12.1. In General.Any registered User who is legally allowed to provide their services in one of the categories available on the Klapty Platform can opt-in to become Freelancer. Freelancers must fill in the required information about them and provide their payment information in order to become visible on the Klapty Platform.
-
12.2. Insurance.Freelancer are responsible for obtaining a general liability insurance policy with coverage amounts that are sufficient to cover all risks associated with the performance of their services.
-
-
13.
Offers and Orders
-
13.1. Offers.Freelancers must create one or several prices packages (each an Offer) on the Klapty Platform to allow Clients to purchase their services. Freelancers are free to decide on the prices for their services. They may also adapt their Offers or create exclusive Offers in response of a Client’s request.
-
13.2. Orders.The Clients may accept a Freelancer’s offer by clicking on the “book” button and filling out the payment details. Once the payment has been processed, the Freelancer will be notified by email and provided with the contact details of the Client.
-
-
14.
Service delivery.
-
14.1. Service delivery.Freelancers must provide their services in accordance with, the Offer, all applicable laws, and any other contractual terms agreed upon between the Freelancer and the Client. They must ensure that their services or any work product delivered will not infringe on any intellectual property right, or other proprietary rights or right of publicity or privacy of others. Freelancers are required to meet the delivery time they specified when creating their Offers. Failing to do so will allow the Client to cancel the Order.. Freelancer are responsible for the service delivery and for handling any claims from the Clients or other problems arising out of or in connection with the services.
-
14.2. Client’s duties.The Clients agrees to pay the Freelancer’s fees specified in the Offer using exclusively the payment systems available on the Platform, and to comply with their other obligations that may be specified in the contract with the Freelancer. The Clients may not offer direct payments to Freelancers using payment systems outside of the Klapty Platform.
-
14.3. IP Ownership.When purchasing a Offer on the Klapty Platform, unless clearly stated otherwise on the Freelancer's Offer page/description or as otherwise agreed in writing between the Parties, when the work is delivered, and subject to payment, the Client is granted all intellectual property rights, including but not limited to, copyright in the work delivered from the Freelancer, and the Freelancer waives any and all moral rights therein. Accordingly, the Freelancer expressly assigns to the Client the copyright in the delivered work. All transfer and assignment of intellectual property to the Client shall be subject to full payment for the Offer, and the delivery may not be used if payment is cancelled for any reason.
-
14.4. Inspection and complains.Client must inspect any work product delivered to them with all due care immediately upon receipt and must address any concern they have directly to the Freelancer using the dedicated tool on the Klapty Platform.
-
-
15.
Financial Terms
-
15.1. Price.Unless otherwise stated, Offers are in euros (EUR), including VAT if applicable and inclusive of all costs for the delivery of the services. Prices may be displayed in foreign currencies based on the daily conversion rate, but payments shall be debited in euros (EUR).
-
15.2. Platform Fee.We charge a commission of 10% for our marketplace Service (the Platform Fee), which will be deducted from the amount received from the Client..
-
15.3. Payments.The Client shall pay all amounts due to the Freelancer exclusively through the Klapty Platform. Payment to the Freelancer (after deduction of the Platform Fee, and any third-party processing fees) will be made in general within 14 days of the receipt of the Client’s payment, unless the Client has filled a complaint on the Klapty Platform regarding the performance of the service. In this case, the amount will be recredited to the Client’s credit card (after deduction of the Platform Fee, and any third-party processing fees) and any dispute between the Freelancer and the Client must be addressed directly between the Parties outside the Platform.
-
-
16.
Feedback
-
-
17.
Our role
-
17.1. Not a Party.Our role is limited to providing the Marketplace. We are not a party to the agreement between Freelancers and Client and assumes no liability or responsibility in connection therewith. In particular, we do not verify and do not provide any representation or warranty in relation to the ability of the Freelancers to deliver their services in a professional manner, or in relation to the Clients’ ability to pay the fees due. We make no endorsement of the Freelancers displayed on the Marketplace.
-
17.2. No Liability.We do not assume any liability or responsibility for any damage directly or indirectly related to the transactions between Freelancers and Clients made through the Platform or the services delivered in this context. In particular and without limitation, We are not liable for non-payment, late delivery, or lack of promised quality. Any such claims must be settled exclusively between the parties to the transaction (Client and Freelancer), at our full and complete discharge
-
-
IV.
PRODUCTS
-
This Section IV of the ToU applies (in addition to the other parts of these ToU) to the Products which are referenced
on the Klapty Platform.
-
18.
Products
-
18.1. In General.In order to help our Users find out the right Products to shoot their virtual tour, we reference on the Platform several Products provided by external suppliers which we believe could interest users. The recommendations we make on the Klapty Platform are provided solely as a convenience to the Users and not as an endorsement by us of any Product.
-
18.2. No sale by YetiVisit.We do not sell the Products. By clicking on the respective Product, you will be redirected to a third party e-commerce platform where you can purchase the Product directly from the third party supplier. Accordingly, we are neither the manufacturer nor the seller of the Products.
-
18.3. No Liability.We do not assume any liability or responsibility for any damage directly or indirectly related to the Product you purchase. In particular and without limitation, We are not liable for late delivery or defects affecting the Products. Any such claims must be directly addressed to the third-party provider to whom you purchased the Product, respectively to the manufacturer of the Product.
-
-
V.
AFFILIATE PROGRAM
-
This Section V of the ToU applies (in addition to the other parts of these ToU) to the Users participating to our
affiliation program (the Affiliate Program).
-
19.
Joining the Affiliate Program
-
19.1. Description.The Affiliate Program allows Users (the Affiliates) earn commissions fees (the Rewards) by promoting the Klapty Platform’s Paying Plans.
-
19.2. Inscription.Any registered User who is legally allowed to act in this manner can opt-in to become an Affiliate. Joining as Affiliate is free, but require that you (i) create an Affiliate account on the Klapty Platform using this link https://app.linkmink.com/a/Klapty/737; (ii) have a valid PayPal account (or any other payment system that we may accept in the future) (Payment Account); (iii) fill in the required information; and (iv) be approved by us (which we may freely refuse).
-
19.3. Duration.Your status as Affiliate is not limited in time. However, we reserve the right at any time to stop offering our Affiliate Program or to withdraw you from it, without justification or liability, in which case any right to a Reward will automatically and immediately cease from that moment.
-
-
21.
Rewards
-
21.1. Earning Rewards.For all accounts you refer to Klapty, you will earn up to 30% of every payment received from a User you referred. Users will be considered as referred by you if they register for the first time and subscribe to a Paying Plan after following your Referral Link. If a User has been referred by several Affiliates, we will take into account only the latest Referral Link that the User clicks.
-
21.2. Payments.Rewards will be earned 90 days after we received the payment from the User. Each time you earn EUR 30 or more in Rewards, you may request us to credit the amount to your Payment Account (please not that PayPal or other payment processor may charge a small fee for the transaction).
-
21.3. Discretion.We reserve the right not to reward referrals if we determine, at our sole discretion, that such referrals are abusive (e.g. own-referrals or referrals of businesses owned or controlled by the referring participant, etc.).
-
-
23.
Additional Guidance
-
-
VI.
FINAL PROVISIONS
-
This Section VI of the ToU applies (in addition to the other parts of these ToU) to all access and uses of the Klapty
Platform, the Services and the Conten
-
24.
Data protection
-
-
25.
Intellectual property
-
25.1. Title to IP.Subject to Section 4.1 (User Content), we and our licensors own the copyright and all intellectual property rights in and to the Klapty Platform, the Content published on the Klapty Platform and the Services.
-
25.2. Licence.Subject to your compliance with these ToU and any additional applicable terms referred to on the Klapty Platform, we grant you a non-exclusive, non-transferable, non-assignable, revocable and limited license, without the right to sublicense, to access the Klapty Platform and the Content for your own personal or professional strictly for the purpose of using the Klapty Platform and the Services in accordance with these ToU. We and/or our licensors reserve all rights to the Klapty Platform, the Content and the Services not expressly granted herein.
-
25.3. Third-Party Content.The Klapty Platform and Services may contain Content and/or software components developed, distributed and/or licensed by third parties (Third-Party Content), such as functionalities from Google Maps, social medial platforms, videos on Youtube or virtual visits using Occulus Go. Such Third-Party Content is licensed to you under the applicable terms and conditions of the respective third-party. We will use our best efforts to identify any Third-Party Content. Nothing in these ToU restricts, limits or otherwise affects any rights or obligations that you may have, or conditions to which you may be subject, under any applicable open source licenses to any open source software which may be incorporated in and/or provided together with the Klapty Platform.
-
25.4. Infringemen.If you think that the Klapty Platform, the Content or the provision of any Services infringe on any copyright or other intellectual property right, you may at all times contact us at [email protected] and we will investigate your request
-
25.5. Feedback.Although we are always appreciative of any suggestion or idea for improving or otherwise modifying the Klapty Platfom or or any of Services (Feedback), we have not agreed to and do not agree to treat as confidential any Feedback you may provide to us. Nothing in these ToU or in the interactions between you and us will restrict our right to use, profit from, disclose, publish, keep secret, or otherwise exploit Feedback, without compensating or crediting you
-
-
26.
Warranty
-
26.1. In General.The Klapty Platform, the Services and the Content are provided to you “as is” and “as available”. To the maximum extent permitted by applicable law, we expressly disclaim, and you waive, all warranties of any kind, whether express or implied, including, without limitation, any implied warranties of fitness for a particular purpose, quality, quiet enjoyment and non-infringement of third-party rights, or availability of the Klapty Platform, Services or Content. You access and use the Klapty Platform and the Services at your sole risk. In particular, we make no warranty, express or implied, commitment or representation that (i) the Klapty Platform, the Services or the Content will meet your needs, (ii) the operation of the Klapty Platform or of the Services will be uninterrupted, secure or error-free, (iii) the information and Content available on the Klapty Platform will be current, accurate, true or complete, (iv) the Services and results that may be obtained from the use of the Klapty Platform will be accurate or reliable or (v) we will ensure continued compatibility of the Klapty Platform with any third-party products, even if they were compatible at any given moment.
-
26.2. Third-party content.The Klapty Platform 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 contents. We assume no responsibility or liability in relation therewith.
-
26.3. User Content.All User Content posted on, transmitted through, or linked from the Klapty Platform (by you or others), is the sole responsibility of the User from whom such User Content originates. We cannot, nor do we undertake to, control the User Content, nor any use of the Klapty Platform by other Users. We do not make any representation or warranty, express or implied, as to the accuracy, timeliness, or completeness of such information and have no liability relating to it, whether arising under intellectual property, unfair competition and price indication laws, libel, privacy, obscenity, or otherwise.
-
26.4. Internet.The use of the Internet involves risks, in particular that the data transmitted may be intercepted, altered or deleted. By using the Website, you accept these risks. We decline all responsibility in this respect.
-
-
27.
Warranty
-
27.1. Principle.You expressly acknowledge and agree that, to the extent permitted by law, we shall not be liable for any direct or indirect damages, including but not limited to damages arising under tort law, loss of profits, loss of use, loss of data or other intangible losses (even if we have been advised of the possibility of such damages) resulting from: (i) the use, unavailability or inability to use the Klapty Platform, the Services or the Content, (ii) the unauthorized access to or alteration of your data, (iii) declarations or actions of any third party on or in connection with the Klapty Platform (including Freelancers), (iv) the Content available on the Klapty Platform, as well as all linked websites and all documents disseminated on the Klapty Platform, (v) any other cause relating to the Klapty Platform.
-
27.2. Limitation of liability.Without prejudice to the foregoing limitations, our liability for indirect and/or consequential losses or damages is expressly excluded (including but not limited to lost profit, commercial loss, loss of turnover or profit, loss of customer base, loss of opportunity or the cost of obtaining a substitute product or service) in connection with or arising out of the non-performance or improper performance of a Service or of a Product, insofar as such exclusion is permitted under applicable law. Furthermore, our liability is limited to the maximum price actually paid for the Service or Product.
-
-
28.
Indemnity
-
-
29.
Miscellaneous
-
29.1. Severability clause.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.
-
29.2. Assignment.You shall not assign or transfer any of your rights or obligations under these ToU. We may assign or transfer any right or obligation or subcontract the performance of any of our obligations under these ToU to any third party at any time without your prior consent.
-
29.3. Force Majeure.We cannot be held liable for failure or delay in fulfilling our obligations due to force majeure events such as natural disasters of a substantial magnitude, wars, governmental or official acts, riots, strikes, epidemics or pandemics, or breakdowns of electrical or telecommunications networks. If such an event occurs, we will inform you immediately.
-
29.4. No waiver.Any delay or failure by us to apply all or part of the provisions of these ToU, regardless of the frequency and duration thereof, shall not be deemed a general waiver thereof
-
-
30.
Applicable law, jurisdiction and venue
-
30.1. Applicable law.These ToU and the relationship between you and us is governed exclusively by Swiss law, to the exclusion of its conflict of laws rules and the Vienna Convention on the International Sale of Goods.
-
30.2. Jurisdiction.The competent courts at the registered office of Yetivisit have exclusive jurisdiction to settle all disputes in connection with these ToU, subject to any mandatory forum prescribed by law. Notwithstanding the preceding, nothing in these ToU prevents us from seeking injunctive relief or any other remedy available at law in any jurisdiction in case of any infringement of our intellectual property rights.
-
-
31.
Contact
-
-
32.
Translations and amendments
-
32.1. Language.The original language of these ToU, as all other texts throughout the Klapty Platform, is English. Any translation made available is for convenience only. In case of conflicts between the original English version and any translation, the English version shall prevail.
-
32.2. Amendments.These ToU may be amended from time to time, in which case you will be notified by any appropriate mean (including via e-mail, or via the Klapty Platform, e.g. through banners, pop-ups or other notification mechanisms). Any use of the Klapty Platform subsequent to this notification shall constitute acceptance of the ToU, as amended.
-