Terms & Conditions
The present terms and conditions (the ”Terms and Conditions”) set forth the general terms and conditions applicable to the online services (the “Services”) which Weev AG (“Weev”) makes available to its customers (the “Customer”). Weev and the Customer are hereinafter referred to as the “Parties”.
The conditions individually applicable to a Customer are regulated in the Subscription Offer & Agreement (the “Subscription”).
Use of Services
Right to use
Weev grants the Customer the right to access and use the Services included in the Subscription, as further described in these Terms and Conditions.
The Customer may not
- disable, tamper with, or otherwise, attempt to circumvent any billing mechanism that meters its use of the Services;
- rent, lease, lend, resell, transfer, or host the Services, or any portion thereof, to or for third parties.
Responsibility for Customer accounts
The Customer is responsible for maintaining the confidentiality of any non-public authentication credentials associated with its use of the Services. The Customer must promptly notify Weev’s customer support about any possible misuse of its accounts or authentication credentials or any security incident related to the Services.
Administrator assumption of control
If a person (the “Person”) uses an email address provided by an organization it is affiliated with (e.g. an employer; the “Organization”) to order the Services individually, it represents that it has authority to use that Organization’s domain to sign an Agreement in its capacity as a member of the Organization. The Organization, as the owner of the domain associated with the Person’s email address, may assume control over and manage the use of the Services. In such a case, the Organization’s designated administrator may (i) control and administer the Person’s account, including modifying and terminating its access, and (ii) access and process the Person’s data, including the contents of its communications and files.
Weev may inform the Customer that the Organization has assumed control of the Services covered by the Subscription, but Weev is under no obligation to provide such notice.
The Customer may accept the offer made to it regarding the Services during a period of 30 days.
By ordering or renewing the Subscription, the Customer agrees to the offer details for that Subscription.
Pricing and payment
Payments are due and must be made according to the offer details for the Subscription.
The price level is based on the quantity of Services ordered. During the duration of a Subscription (the “Term”), prices for Services will not be increased, as to the Subscription, from those indicated at the time the Subscription became effective or was renewed, except where prices are identified as temporary in the offer details. All prices are subject to change at the beginning of any Subscription renewal.
The Subscription automatically terminates upon expiration of the Term. Upon renewal, the Subscription will be governed by the Terms and Conditions set forth on www.weev.one on the date the Subscription is renewed (the "Renewal Terms"). If the Customer does not agree to any Renewal Terms, it may decline to renew the Subscription.
Prices are exclusive of any taxes unless otherwise specified on the invoice as tax inclusive. The Customer must pay any applicable value-added, goods and services, sales, gross receipts, or other transaction taxes, fees, charges or surcharges, or any regulatory cost recovery surcharges or similar amounts that are owed and which Weev is permitted to collect from the Customer under applicable law.
The Customer shall be responsible for any applicable stamp taxes and for all other taxes that it is legally obligated to pay.
The data is hosted on Microsoft Azure Cloud.
The Customer is not entitled to make available any storage space provided to it for use to a third party, in part or in full, whether for a fee or free of charge.
The Customer undertakes not to store any content in the storage space, the provision, publication, and use of which violates any applicable laws or agreements with third parties.
Weev treats all Customer data confidentially and in accordance with the applicable data protection regulations. Customer data is used exclusively for the purposes of the Subscription and will not be sold to third parties.
Weev is obliged to take appropriate and reasonable precautions against data loss and to prevent unauthorized third-party access to the Customer’s data, within the scope of technical and industry-standard possibilities. Weev shall back up the data on a regular basis, check the Customer’s data for viruses, and install firewalls.
Support and Customer Services
Weev shall answer any inquiries of the Customer regarding the Services within the business hours published on www.weev.one as soon as possible upon receiving the respective inquiry.
Impairment of Availability
The availability of the Services shall be 99,9% per year (the “Service Availability”).
The following scenarios are not considered to reduce the Service Availability:
- Service unavailability during a scheduled outage whereby a maximum of ten (10) hours per calendar month shall not be counted for the Service Availability;
- Service unavailability during emergency outage whereby a maximum of five (5) hours per calendar month shall not be counted for the Service Availability;
- Incidents caused by work, changes or alterations made by the Customer;
- Unavailability or non-responsiveness in the Customer’s systems needed to fulfill the Services;
- Service unavailability due to force majeure, abuse, omission, or fraud caused by the Customer;
- Time lost due to the Customer’s failure to fulfill its obligations;
- The Services are affected by circumstances outside of Weev’s control such as network attacks, denial-of-service attacks, and/or interruption of service; and
- Service unavailability is caused by a failure in any service or product provided by a third party.
Obligations of the Customer
The Customer is obliged to prevent unauthorized access to the Services by third parties by taking appropriate precautions.
The Customer shall be responsible for entering and maintaining the data and information required to use the Services – without prejudice to Weev’s obligation to back up data.
The Customer is obliged to check its data and information for viruses or other harmful components before entering it and to use state-of-the-art virus protection programs for this purpose.
When using the Services, the Customer must generate a user ID and a password, which are required for further use of the Services. The Customer is obliged to keep the user ID and password secret and not to make them available to third parties.
The Customer shall immediately inform Weev of any unauthorized use of the user ID and password, or other security attacks. In such cases, Weev shall, in agreement with the Customer, change the Customer’s user ID and password. The Customer shall take all measures that Weev considers necessary for preserving or improving the security of the data, the Services, and the network connections.
Warranty and Liability
The Services are provided “as is” and without any warranty or condition, express, implied or statutory. Weev specifically disclaims any implied warranties of title, merchantability and fitness for a particular purpose.
The Customer undertakes to indemnify Weev against all third-party claims based on the data stored by it and to reimburse Weev for all costs incurred due to possible infringements of rights.
Within the framework of the legal provisions, Weev’s liability towards the Customer (or any third party) is excluded, in particular for the fulfillment of Weev’s contractual and non-contractual obligations and for the loss of data and loss of profits. This exclusion of liability shall also apply to damage caused, directly or indirectly, by the use of the Services. Weev does not guarantee that the Services will meet the expectations or requirements of the Customer.
Weev undertakes not to disclose any confidential processes, in particular, business or trade secrets of the Customer and undertakes not to disclose this information to any third parties without the Customer’s authorization. This shall apply to any unauthorized third parties unless the disclosure of the information is necessary for the proper fulfillment of Weev’s obligations according to the Subscription.
The Customer authorizes Weev to name the Customer publicly as a reference and to use general information about the Subscription in an appropriate manner for marketing and sales purposes.
Intellectual Property Rights
All intellectual property rights to the Services, the website, and the documentation relating to the Services shall remain the property of Weev.
Term, Termination, and Suspension
The Subscription will remain in effect until it is expired, terminated or renewed, whichever is earliest.
The Parties are free to immediately terminate the Subscription for good cause.
In any case, the right for Weev to immediately terminate the Subscription shall exist
- if the Customer goes bankrupt or the opening of bankruptcy proceedings has been stopped for lack of assets;
- if the Customer is in arrears with its payment obligations arising from the Subscription, and if the Customer has been sent a reminder about setting a grace period of two weeks, to no avail;
- if the Customer fails to perform any of its other obligations and if the Customer has been sent a reminder about setting a grace period of two weeks, to no avail;
- if the Customer culpably violates legal regulations or interferes with copyrights, industrial property rights, or naming rights of third parties when using the Services;
- if the Customer uses the Services for the purpose of criminal, unlawful, or ethically questionable actions.
Instead of terminating the Subscription, Weev may also suspend the use of the Services in whole or in part, by giving notice before suspension or not. The suspension of the use of the Services does not affect the Customer’s obligation to pay the fees owed according to the Subscription.
All notifications shall be sent by email or other means of communication to the contact coordinates provided upon Customer’s registration or on Weev’s homepage unless a stricter form is required by law. Notifications sent by Weev to the contact coordinates provided by the Customer during registration shall be deemed to be written notifications.
Each Party is obliged to immediately notify the other of any changes of the contact coordinates (including email). Otherwise, notifications sent to the last contact coordinates provided in writing shall be deemed to have been received in a legally effective manner.
Should any part of these Terms and Conditions be invalid, any invalid provisions shall be reinterpreted, supplemented, or replaced in such a way that the commercial purpose pursued by the invalid provision is achieved. The same shall apply in the event of any loopholes.
These Terms and Conditions and the Subscription are the entire agreement between the Parties concerning its subject matter and supersede any prior or concurrent communications.
Place of Jurisdiction and Applicable Law
The Parties agree that all legal relationships arising from the Agreement shall be governed by the law of Switzerland, excluding the conflict of laws rules of private international law. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
The registered office of Weev is agreed as the exclusive place of jurisdiction for all disputes arising in connection with the fulfillment of the Agreement.