Last updated: February 17, 2022
On behalf of the entire team, we would like to thank you for using Biings! We developed this tool to help you maintain your organization's occupational health policy, while giving you the best possible understanding of the well-being of your teams and their employees.
Thousands of people use Biings every day. Since we don't know all our users personally, we have to put in place some Terms of Service to help keep the ship afloat.
By using Biings, you are agreeing to be bound by the following Terms of Service.
- An “Account“ represents your usage relationship with Biings as well as all its associated test and production environments.
- 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 (including any test or staging environment), our websites and the application support provided by Biings Technologies SA.
- “You“ and “your“ refer to the person, broker or company that is registered with us to use our Service.
General Terms and Conditions
- When you use our Service, now or in the future, you are agreeing to the latest Terms of Service. That’s true for any of our existing and future product features that we add to our Service over time.
- We may, but have no obligation to, remove content uploaded on your Account that we determine in our sole discretion are unlawful or violates any party’s intellectual property or these Terms of Service.
- Violation of any of the Terms of Service may result in the termination of your Account.
- There may be times where we do not exercise or enforce any right or provision of the Terms of Service; in doing so, we are not waiving that right or provision.
- Subject to these Terms of Service we grant you a non-exclusive, non-transferable, non-sublicensable, worldwide privilege to access the Service through the use of your Account.
- 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.
- 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).
- You must not modify, adapt or hack the Service.
- 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).
- 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.
Pricing, Invoices and Refunds
- Subscription to the Service is payable annually, in advance and based on the number of active persons (i.e. with a current employment contract) on your Account. The subscription begins when your Account is available on its production environment (hereafter referred to as "Go-live" date) to all or some of its users.
- In the event that a setup or data interfacing period precedes Go-live, fifty percent (50%) of the first year's subscription fee is payable upon ordering. The balance is then billed upon Go-live.
- 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.
- The price of your subscription is re-evaluated each year according to the addition or removal of people on your Account.
- All prices are exclusive of all taxes imposed by taxing authorities, and you shall be responsible for payment of such taxes. Where required, The Company will collect those taxes on behalf of taxing authority and remit those taxes to taxing authorities.
- Refunds are processed according to our pro-rated refund policy.
- Subsections (1), (2) and (4) above do not apply to SME multi-client Accounts.
Modifications to the Service and Prices
- When we release a new version of our Service, you can choose when, and if, you want your Account to be upgraded. This means that you have the option of staying on an older version of our Service. Sometimes it becomes technically impossible to maintain legacy versions. The Company reserves the right at any time to discontinue permanently a version of our Service.
- Sometimes we change the pricing structure for our Service, such event may be announced at any time by posting the changes on our website. When we do that, to the extent that you do not add or remove any module (Pilot or Notify) to your Account, we will continue to charge your subscription fees according to the pricing structure in effect at the time you first joined the Service.
- The Company shall not be liable to you or to any third party for any modification, price change or discontinuance of any part of the Service.
Privacy, Security and SLA
- Your use of the Service is at your sole risk. We take many measures to protect and secure your data through backups and encryption. These terms do contain a limitation of our liability.
- Our Service-Level-Agreements (SLA) are part of these terms and guarantee a response time from our support team along with a minimum uptime of our Service.
- You understand that the Company uses third party vendors and subprocessors to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
Features and Bugs
We design our Service with care, based on our own experience and the experiences of customers who share their time and feedback. However, there is no such thing as a service that pleases everybody. We make no guarantees that our Service will meet your specific requirements or expectations.
We also test all of our features extensively before shipping them. As with any software, our Service inevitably has some bugs. We track the bugs reported to us and work through priority ones, especially any related to security or privacy. Not all reported bugs will get fixed and we don’t guarantee a completely error-free Service.
Cancellation and Termination
- You may cancel your Account anytime by written notice or by sending us an email at [email protected].
- Your cancellation notice must be sent to the Company not less than two (2) months before the end of your current subscription cycle.
- When you cancel the Service, your cancellation will take effect at the end of the subscription 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.
- You may terminate this Agreement with immediate effect in the event of: (i) a material breach by the Company, which, if remediable, has not been remedied within thirty (30) days of receipt of your written notice ; (ii) termination of existence, bankruptcy, insolvency, liquidation or dissolution of the Company.
- 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.
- 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.
- The sections titled "Intellectual Property, Copyright and Content Ownership" and "Liability" shall survive the termination of your Account.
Intellectual Property, Copyright and Content Ownership
- 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 Biings trademark.
- 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.
- 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.
- We claim no intellectual property rights over the material you provide to the Service. All materials uploaded remain yours.
- All content posted on the Service must comply with Swiss copyright law.
Applicable Law and Jurisdiction
- 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.
- Any dispute arising from or in connection with these terms which cannot be settled amicably shall be submitted to the exclusive jurisdiction of the courts of the Canton of Vaud (Switzerland).
We mention liability throughout these Terms but to put it all in one section:
We expressly understand and agree that You shall not be liable to us and vice versa, in law or in equity, for any direct, indirect, incidental, special, consequential, punitive 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) any breach or alleged breach of these Terms of Service by any Party or its users; (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 this Terms of Service or the Service, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.
In other words: choosing to use our Service does mean you are making a bet on us. If the bet does not work out, that’s on you, not us. We do our best to be as safe a bet as possible; through careful management of the business, investments in security, infrastructure, and talent; and in general working hard to earn the trust of our clients. If you choose to use our Service, thank you for placing your trust in us.
If you have any questions about these Terms of Service, please contact our support team, we’ll be happy to answer them.