Terms of Service

1 Introduction

Welcome to Siftlink SA. These Terms of Service regulate the use and access of our media form, media channel, chatbots, and applications related, linked, or otherwise connected thereto (collectively the “Platform”). For the sake of convenience, the term “Services” shall be included in the term “Platform” wherever used throughout this document unless specified otherwise. Our Services are intended for the purpose of solving global innovation challenges towards improving quality of lives by unifying humans with artificial intelligence. To this end, we provide Services including without limits, chatbot integration, and other related services. These Terms of Service, our Privacy Policy, Cancellation Policy, Disclaimer, Data Processing Addendum, and other additional terms we make available on the Platform from time to time (collectively “Terms”) set out the legal obligation vis-à-vis terms and conditions for your interaction and usage of the Platform. This document includes a mandatory arbitration provision and regulates the resolution of any dispute which may arise between you and us as a result of using our Platform. By clicking “Accept” when prompted or making an Account or, using or accessing the Platform, you understand that you will adhere to these Terms and all other operating rules, policies, and procedures that may be issued periodically on the Platform by us, each of which is incorporated by reference periodically by us. If you do not agree to any of these Terms, including the compulsory arbitration provision, you must stop using the Platform.

2 Acceptance

By accepting these Terms, you agree that the Terms constitute a binding contract, effective as of the date of first acceptance by you, between Siftlink SA (hereinafter referred to as “Siftlink SA”, “we”, “us”, or “our”) and you the user (hereinafter referred to as “you”, “your”) (each a “Party” to the contract and collectively, the “Parties”).

3 The Service

Our Services are exclusively provided for business use and must be used only in line with their intended purpose, aim, and the Terms. More detailed guidelines concerning the proper use of the Services are set out in Section 12 (Acceptable Use Policy) below.

4 Login information access

5 End-Users

For the purposes of these Terms, “End-User” means any person with whom you or your Agents interact with while using Platform Services. You are responsible for complying with the provisions of the Terms by Agents and End-Users and for any and all activities that occur under your Account. Notwithstanding the foregoing, you are responsible to ensure that the use of the Services is compliant with all applicable laws and regulations, as well as any and all privacy policies, agreements, or other obligations you may maintain or enter into with Agents or End-Users.

6 Eligibility

6.1 To use our Platform, you must:

• 6.1.1 Be at least the age of majority and not disqualified from entering into contracts under any law;
• 6.1.2 Complete the registration process;
• 6.1.3 Agree to our Terms; and
• 6.1.4 Provide true, complete, and up to date legal and contact information.
• 6.1.5 You represent and warrant that you have the authority to accept these Terms on behalf of the company you may be affiliated with.
• 6.1.6 By using the Platform, you represent and warrant that you meet all the requirements listed above and that you will not use the Platform in a way that violates any laws or regulations. Siftlink SA may refuse Service, close Accounts of any users, and change eligibility requirements at any time.
• 6.1.7 By accepting these Terms, you represent and warrant that you are qualified concerning the conditions stated herein and are therefore permitted to use the Platform. If you do not meet any of the conditions stated herein, you shall not access/use the Platform and must cease to be a user.

7 Data collection

To provide you with the Platform and Services as mentioned in these Terms, it is required that we collect your basic information as specified in our Privacy Policy (“Customer Data”). You agree that the Customer Data is collected by us through your consent.

8 Term

The Term begins as soon as you access the Platform and continues as long as you use the Service. Clicking the button and entering your username means that you’ve officially “signed” these Terms.

9 Account registration

10 Subscription terms

The term of your subscription to the Platform Services (“Subscription”) shall commence on the date as notified by us in writing upon receipt of requisite payments from you and shall subsist for the duration of the particular subscription as selected by you. The details of the Subscription, inclusions/exclusions shall be as specified by us in writing (“Subscription Provisions”), which are hereby construed as a part of these Terms; in the event of any conflict, the Subscription Provisions shall prevail. All recurring amounts shall be paid by you in a timely manner. If we do not receive amounts requested from you in writing, we reserve the right to suspend Platform Services until all dues are cleared. If you do not clear your dues within sixty (60) days of notification, we retain the right to terminate your Subscription without any liability to us. We reserve the right to increase Subscription rates at any time; changes may be informed through e-mail communications, and increases will apply to existing accounts at the time of their renewal. Either party shall have the right to terminate the Subscription at any time by providing thirty (30) day prior notice to the other. In the event of termination, you shall have no claims against us or our affiliates. If we terminate your Subscription, other than as a result of your breach, we may at our sole discretion refund a pro rata portion of the Subscription fee paid for the unexpired portion of your Subscription. You must contact us to request changes from one Subscription to another; the change will be made effective when your current Subscription term ends. Please read our Cancellation Policy prior to purchasing our Services.

11 Subscription authorization

You agree that you will provide a major credit card (e.g., MasterCard, Visa, American Express) that we may charge for all Subscription fees or other amounts payable to us. You authorize automatic credit or charge card billing by Siftlink SA to the card provided in your Account information or when you applied for the Subscription. You understand that all fees and charges are non-refundable, and that Siftlink SA will not be responsible for any expenses you may incur resulting from exceeding your credit limit as a result of an automatic charge made under these Terms.

12 Acceptable use policy

12.1 As a user of the Platform, you agree not to:

• 12.1.1 Systematically retrieve data or other Content from the Platform to create or compile a collection, compilation, database, or directory without written permission from us.
• 12.1.2 Make any unauthorized use of the Platform, including collecting usernames and/or email addresses for sending unsolicited email, or creating user Accounts by automated means or under false pretenses.
• 12.1.3 Use a buying agent or purchasing agent to make purchases on the Platform.
• 12.1.4 Use the Platform for advertising or offering to sell goods and services.
• 12.1.5 Circumvent, disable, or otherwise interfere with security-related features of the Platform.
• 12.1.6 Engage in unauthorized framing of or linking to the Platform.
• 12.1.7 Trick, defraud, or mislead us and other users, especially to learn sensitive account information such as passwords.
• 12.1.8 Make improper use of our support services or submit false reports of abuse or misconduct.
• 12.1.9 Engage in any automated use of the system, such as scripts, data mining, robots, or similar extraction tools.
• 12.1.10 Interfere with, disrupt, or create an undue burden on the Platform or connected networks or services.
• 12.1.11 Attempt to impersonate another user or person.
• 12.1.12 Sell or otherwise transfer your profile.
• 12.1.13 Use information obtained from the Platform to harass, abuse, or harm another person.
• 12.1.14 Use the Platform to compete with us or for any revenue-generating or commercial endeavor outside its intended purpose.
• 12.1.15 Attempt to bypass any measures designed to prevent or restrict access to the Platform.
• 12.1.16 Harass, annoy, intimidate, or threaten our employees or agents.
• 12.1.17 Delete copyright or other proprietary rights notices from any Platform Content.
• 12.1.18 Copy or adapt the Platform’s software or code.
• 12.1.19 Upload or transmit viruses, Trojan horses, or other material that interferes with the Platform’s use, features, or operation.
• 12.1.20 Upload or transmit material acting as a passive or active information collection mechanism (e.g. web bugs, spyware).
• 12.1.21 Use, launch, develop, or distribute any unauthorized automated system, spider, robot, scraper, or offline reader that accesses the Platform.
• 12.1.22 Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Platform.
• 12.1.23 Use the Platform in a manner inconsistent with any applicable laws or regulations.

12.2 “Personal Data”/“Personal Information” means personal data within the meaning of Regulation (EU) 2016/679 (GDPR), processed by us (or a Sub-Processor) on your behalf pursuant to the Terms. You are responsible for the quality, accuracy, and legality of Personal Data and the means by which you acquired it, and for providing required notices and consents to your End-Users and Agents. You acknowledge that we engage Sub-Processors to process Personal Data, including within the European Economic Area and other countries, subject to commercially reasonable confidentiality obligations and applicable data transfer restrictions; current Sub-Processors are named in our Privacy Policy and Data Processing Addendum. All information, data, text, software, graphics, or other materials submitted through the Platform Service is the property of the Customer, who is solely responsible for such data; we are not responsible for how the Customer uses the Platform or Services. You are responsible for procuring and maintaining the network connections and supporting software needed to access the Platform Services, and we assume no responsibility for the reliability or performance of any network connections not owned, operated, or controlled by us.

13 Interactive services

14 User contribution standards

These Standards apply to all User Contributions and use of Interactive Services, which must comply with all applicable laws and, without limitation, must not:

• Contain material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, hurtful, inflammatory, or otherwise objectionable;
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any person;
• Violate the legal rights (including publicity and privacy rights) of others, or give rise to civil or criminal liability;
• Contain images or videos of persons without their consent;
• Be likely to deceive any person;
• Involve illegal drugs, controlled substances, or products/practices found by a regulator to cause consumer harm;
• Promote or assist any illegal or unlawful activity;
• Cause annoyance, inconvenience, or needless anxiety, or upset, embarrass, alarm, or annoy any other person;
• Fund ransom, human trafficking or exploitation, vigilantism, bribes, or bounty;
• Impersonate any person or misrepresent your identity or affiliation;
• Involve or promote terrorism, war, genocide, weapons, or related accessories;
• Involve annuities, investments, loans, lotteries, off-shore banking, pyramid or “get rich quick” schemes, network/referral marketing, debt collection, or crypto-currencies;
• Involve circumventing our designated method of payment;
• Involve credit repair or debt settlement services;
• Infringe or facilitate infringement of any third party’s trademark, patent, copyright, trade secret, or proprietary/privacy rights;
• Involve illegal sale or resale of brand name or designer products or services;
• Support, in our sole discretion, individuals or entities associated with financial crimes such as corruption, bribery, tax evasion, or fraud;
• Involve election campaigns not run by a registered organization within the supported country;
• Give the impression that they emanate from or are endorsed by us if that is not the case; or
• Involve any other activity we may deem, in our sole discretion, to be unacceptable.

15 Monitoring and enforcement

16 License

Subject to the Terms, Siftlink SA gives you a limited, revocable, nonsublicensable, non-exclusive, and non-transferable license to the Platform only for purposes of using the Platform in accordance with these Terms. It is expressly prohibited, without our prior express permission, to use, reproduce, modify, distribute, or store any Content for purposes other than using the Platform consistent with these Terms.

17 Intellectual property rights

18 Third-party services

The Platform may permit you to link to other websites, services, or resources on the Internet, and Content may contain such links. When you access third-party resources, you do so at your own risk — these resources are not controlled by us, and we are not responsible or liable for their content, functions, accuracy, legality, or appropriateness. The inclusion of any such link does not imply our endorsement or any association between their operators and us, and we will not be liable for any damage or loss caused by or in connection with the use of or reliance on such content, goods, or services.

19 Termination

We reserve the right to terminate your access to all or any part of the Platform at any time, without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of information associated with your membership. You may terminate your Account by placing a request on our Platform. Any termination immediately revokes the license granted under Section 16, and you shall be prohibited from accessing or using the Platform or Content thereafter. Provisions which by their nature should survive termination shall survive, including Licenses, warranty disclaimers, ownership provisions, limitations of liability, and indemnification.

20 Release

To the maximum extent permissible by applicable law, you hereby release Siftlink SA and its affiliates, as well as other users of the Platform, from claims, causes of action, liability, expenses, demands, and/or damages of all kinds and nature, known and unknown, including claims of negligence, arising from your use of or inability to use the Platform, including disputes between users and the acts or omissions of third parties.

21 Warranty disclaimer

The Platform is provided “as is”, “as available”, at your sole risk, without warranty, representation, or guarantee of any kind, express or implied, including warranties of title, accuracy, merchantability, fitness for a particular purpose, or non-infringement, except where such warranties cannot be excluded under applicable law. Siftlink SA and our directors, employees, agents, suppliers, partners, and content providers do not warrant that the Platform is or will be secure or available at any particular time or location; that defects or errors will be corrected; that content or software is free of viruses or harmful components; that information is complete, accurate, up-to-date, or reliable; that any service, content, or product is safe, appropriate, or effective for you; that results will meet your requirements; that use of the Platform will comply with any laws, rules, regulations, or best practices; or that use of the Platform will not result in legal duties or liability. We do not guarantee that any particular content or material will be made available through the Platform.

22 Indemnification

You agree to defend, indemnify, and hold harmless us, our affiliates, and our respective officers, directors, contractors, employees, agents, suppliers, and representatives against all liabilities, claims, fees, costs, penalties, losses, expenses, and interest, including reasonable attorneys’ fees, arising out of or relating to: your use or misuse of, or access to, the Platform; your violation of privacy, professional, ethics, licensing, or consumer protection laws; your misuse of anyone’s private, proprietary, or Personal Data; infringement by you (or anyone using your Account) of any intellectual property or other rights; or any other violation of these Terms. We may assume exclusive defense and control of any indemnifiable matter, and you agree to cooperate with us at your expense.

23 Limitation of liability

Use of the Platform is entirely at your own risk. In no case shall we, our officers, directors, employees, contractors, agents, partners, suppliers, content providers, or any users be liable to you under contract, tort, strict liability, negligence, or any other legal theory for: lost profits, revenue, or goodwill, data loss, loss of use, cost of procuring substitute goods or services, or any indirect, incidental, special, punitive, or consequential damages; viruses, bugs, or Trojan horses regardless of source; personal injury or harm, including death, caused by your use or misuse of the Platform; claims or damages arising from disputes between you and any other user; or direct damages in excess of the fees you paid for the relevant Services during the preceding three (3) months. Remedies under these Terms are exclusive and limited to those expressly provided herein. Nothing in these Terms limits your liability in respect of any indemnity you have given under these Terms.

24 Governing law

The parties agree that the validity, operation, and performance of these Terms shall be governed by and interpreted in accordance with the laws of Switzerland (notwithstanding conflict of law rules). The Parties expressly and irrevocably concede to the jurisdiction of courts located at Epalinges, Switzerland with respect to any matter or claim arising under or related to these Terms.

25 Dispute resolution

Any dispute concerning the subject matter of these Terms, or their breach, termination, or validity (a “Dispute”), will be settled exclusively per the procedures set out herein. The party seeking resolution will first give written notice of the Dispute to the other, describing its nature and the issues to be resolved. If the Dispute is not resolved through good-faith negotiations of senior representatives within fifteen (15) days of that notice, it will be deemed a notice of arbitration, and the parties agree to submit the Dispute to a single, mutually agreeable arbitrator, with venue in Epalinges, Switzerland. If the parties cannot agree on an arbitrator, one will be appointed by a judge of the appropriate court upon application by either party. All decisions and awards of the arbitrator will be final and binding, with costs shared equally unless the arbitrator decides otherwise. The parties waive all rights of appeal to any court or tribunal, except for the purpose of enforcing an arbitration award.

26 Modification

We may modify or replace any of the Terms, or suspend, change, or discontinue the Platform, at any time by posting notice through the Platform, sending an email, or other means of communication. We may impose limits on features or services, and may restrict your access without notice or liability. We will endeavor to provide notice of modifications, but it is also your responsibility to make reasonable efforts to be aware of them. Continued use of the Platform after notification of modifications constitutes acceptance of those modifications. Your use of the Platform is subject to the Terms in effect at the time of such use.

27 Entire agreement and severability

These Terms are the entire agreement between you and us regarding the Platform, superseding all prior or contemporaneous communications and proposals, whether oral, written, or electronic. If any provision of these Terms is found unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so the remainder of these Terms remains in full force and effect. Failure of either party to exercise any right provided herein shall not be deemed a waiver of any further rights.

28 Relationship of the parties

You and Siftlink SA are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the Parties. You have no authority to bind us in any respect. Unless expressly stated otherwise, there are no third-party beneficiaries to these Terms, and we do not owe you any special relationship or fiduciary duty.

29 Force majeure

We will not be liable for any failure or delay in performing our obligations resulting from causes beyond our reasonable control, including mechanical, electronic, or communications failure or degradation, denial-of-service attacks, failure by a third-party hosting or utility provider, strikes, shortages, riots, fires, acts of God, war, terrorism, or governmental action.

30 Assignment

These Terms are personal to you and are not assignable, transferable, or sublicensable by you. We reserve the right to assign, transfer, or delegate any of our rights and obligations hereunder without obtaining your consent.

31 Notices

All notices under these Terms shall be in writing unless otherwise specified. Notices to us shall be sent by email to info@siftlink.com, and you shall ensure written confirmation of receipt for the notice to be effective. Notices to you shall be sent to your last known email address, or any address reasonably likely to provide notice to you, and shall be effective upon transmission.

32 No waiver

Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part. Waiver of compliance in any particular instance does not mean we will waive compliance in the future.

33 Interpretation

The headers are provided only to make these Terms easier to read and understand.

34 Contact

You may get in touch with us through our Platform or the address below:

Siftlink SA
Biopôle, Phenyl Building
Route de la Corniche 3
1066 Epalinges
Switzerland
info@siftlink.com