Biings Terms of Service


By using Biings, you are agreeing to be bound by the following Terms of Service.

Definitions

  • An “Account“ represents your usage relationship with Biings as well as all its associated users logins.
  • The “Company“, “We“ and “Us“ refer to Biings Technologies SA, a company registered under Swiss laws and part of Ismat Group SA, our employees and directors.
  • “Party“ refers to Biings Technologies SA or You. “Parties“ (plural form) refers to Biings Technologies SA and You.
  • The “Service“ refers, collectively, to the Biings web application, our websites and the services provided by Biings Technologies SA, including any test or staging environment.
  • The “Terms of Service“ or the “Agreement“ refer, collectively, to all the terms and conditions included or referenced in this document.
  • “You“ and “your“ refer to the person, company, broker or organization that is registered with us to use Biings Services.


General Conditions

  1. Subject to these Terms of Service, we grant you a non-exclusive, non-transferable, non-sublicensable, worldwide privilege to use the Service. Your use of the Service is at your sole risk.
  2. Any new features that augment or enhance the current Service, including the release of new products and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
  3. We may, but have no obligation to, remove content that we determine in our sole discretion are unlawful or violates any party’s intellectual property or these Terms of Service.
  4. You understand that the Company uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  5. You must not modify, adapt or hack the Service.
  6. You may not use the Service for any illegal purpose or to violate any laws in your jurisdiction (including but not limited to copyright laws).
  7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Service customer, Company employee or officer will result in immediate account termination.
  8. Violation of any of these terms may result in the termination of your Account.


Account Terms

  1. You are responsible for maintaining the security of your Account credentials as well as all the logins and passwords connected to your Account. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  2. You are responsible for all content posted and activity that occurs under your Account (even when content is posted by others who have their own logins under your Account).
  3. Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you'd like.


Payment and Refund Terms

  1. Our fees must be paid in advance as soon as the Service is put into operation on its production environment. The usage of a test or staging environment of the Service is free of charge.
  2. All invoices are to be paid at the latest thirty (30) days from the billing date. The Company is entitled to postpone and/or interrupt the Service if any of its invoices is overdue.
  3. Monthly billing: The Service is billed in advance on a monthly basis on the day of the month you first started using the Service.
  4. Annual billing: The Service is billed in advance on a yearly basis on the day of the year you first started using the Service.
  5. Refunds are processed according to our pro-rated refund policy.
  6. For any product addition or removal to your Account, will result in the latest pricing being applied at the next billing cycle.
  7. Product removal may cause the loss of features or capacity of your Account. The Company does not accept any liability for such loss.
  8. All prices are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. Where required, The Company will collect those taxes on behalf of taxing authority and remit those taxes to taxing authorities.


Modifications to the Service and Prices

  1. The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Service with or without notice.
  2. Prices of all Services are subject to change upon thirty (30) days notice from us. Such notice may be provided at any time by posting the changes to the Company website.
  3. Unless you are adding or removing products to your Account, we will keep billing you according to the price at the time you joined the Service, or at the time of the latest product addition or removal made to your Account.
  4. The Company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.


Cancellation and Termination

  1. You may cancel your Account anytime by written notice or by sending us an email at info@biings.com.
  2. If your Account is on an annual billing cycle, your cancellation notice must by sent to the Company not less than two (2) months before the end of your current billing cycle.
  3. When you cancel the Service, your cancellation will take effect at the end of the billing cycle. You will not be charged again if your cancellation notice is sent in time. But there will not be any prorating of unused time in the last billing cycle.
  4. You may terminate this Agreement with immediate effect in the event of:
    1. a material breach by the Company, which, if remediable, has not been remedied within thirty (30) days of receipt of your written notice ;
    2. termination of existence, bankruptcy, insolvency, liquidation or dissolution of the Company.
  5. The Company, in its sole discretion, has the right to suspend or terminate your Account in cases where the Service is not being used in production. Such termination of the Service will result in the deactivation of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account.
  6. All of your content will be inaccessible from the Service immediately upon cancellation or termination. Within 30 days, all content, backups and logs will be permanently deleted from our systems. Your content can not be recovered once it has been permanently deleted.


Intellectual Property, Copyright and Content Ownership

  1. The intellectual property rights on the Service and on the Company's trademark shall remain property of the Company. You undertake not to challenge the validity or ownership of the Service or the trademark.
  2. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by the Company.
  3. The look and feel of the Service is copyright © to the Company. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company.
  4. You shall grant to the Company a complete, royalty-free and perpetual right to use or incorporate into the Service any feedback, suggestion, recommendation or enhancement request that we may receive from you.
  5. We claim no intellectual property rights over the material you provide to the Service. All materials uploaded remain yours.
  6. All content posted on the Service must comply with Swiss copyright law.
  7. The Company does not pre-screen content, but reserves the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service.


Limitation of Liability

You expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.




No Waiver

The failure of the Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.




Applicable Law and Jurisdiction

  1. These Terms of Service shall be governed by and interpreted in accordance with the laws of Switzerland without reference to its conflicts of law rules.
  2. Any dispute arising from or in connection with these terms which cannot be settled amicably shall be submitted to the exclusive jurisdiction of the ordinary courts competent in Lausanne (Switzerland).


Questions

If you have any questions about these Terms of Service, please get in touch by email to info@biings.com or at the address below, we’ll be happy to answer them.

Biings Technologies S.A.
Rue des Charpentiers 4
1110 Morges
Schweiz