General Terms and Conditions of xamplo Services

This document agrees the General Terms and Conditions (hereinafter referred to as “GTC”) of the contractual relationship between xamplo GmbH, Buchenweg 20, CH-4242 Laufen, Switzerland (hereinafter referred to as “xamplo”) and the customer using xamplos services (hereinafter referred to as the “Contractual Partner”).

Registered customers automatically accept these terms and conditions.

xamplo offers services (hereinafter referred to as “Services”) under different domains (www.xamplo.com and www.aspecx.biz), as well as under different applications (hereinafter referred to as “Apps”). Any website on which xamplo offers its own services is hereinafter referred to as the “xamplo website”.

These GTC determine the relationship between the contracting party and xamplo, irrespective of which xamplo website or app the contracting party has registered with and which service the contracting party makes use of.

The effect of any general terms and conditions of the customer is expressly excluded.

The services of xamplo are exclusive to contractual partners who are at least 18 years old and who are legally permitted to conclude contracts.

The contractual partner may view, print, download or save these GTC at any time, even after conclusion of the contract. The GTC can be found under the link “GTC” on the xamplo Website.

In these GTC, “he” and “his” are used for the male as well as the female gender and all legally valid instances.

1 Agreement

1.1 Scope

xamplo offers registered contractual partners a service that allows the contractual partner to store his data securely online and thus to evaluate group-specific values and share them with group members. The contractual partner retains all rights to all uploaded data.

In order to ensure that only the contractual partner has access to his data, he defines his own user name and Password.

1.2 Price quotations

Details about the chargeable offers of xamplo can be found on the xamplo website. The prices listed there are binding.

xamplo will not provide any online service or products to the contracting party until this has been paid for in full.

1.3 Changes in the provision of services

xamplo may make changes to the services at any time and at its discretion. Such changes will in any case be published on the xamplo website before they take effect. The contractual relationship can be terminated by xamplo if these changes are not accepted.

1.4 Right of revocation of online services

The contractual partner is permitted to terminate the contractual relationship with xamplo regarding online services at any time and without reason.

1.5 Availability of the services

The contracting party confirms that an availability of 100% of the xamplo services (on websites and apps) is technically not possible. However, xamplo makes every effort to ensure the constant availability of the services offered. The performance of xamplo is subject to service, security or capacity problems as well as causes beyond xamplo’s reasonable control, such as disruptions of public communication systems, power failure, etc., which may lead to temporary disruptions or interruptions of the services provided by xamplo.

1.6 Event of death

In the event of death, the data processed by the contracting party shall be used in connection with the necessary inheritance law processes. If required, xamplo will forward the customer data in such a case only to a competent administrator or trustee.

1.7 Data storage

During the contractual relationship between the contracting party and xamplo, xamplo affirms that xamplo will store the confidential data of the contracting party securely.

If this contractual relationship is terminated, xamplo shall be obliged to block the contracting party’s account and irrevocably delete the data.

2 Registration

The contracting party must register before using any online services provided by xamplo on xamplos websites or apps.

The contracting party assures that all data provided by him during registration are true and complete. The user is obliged to inform xamplo immediately of any changes to his user data. The user may not use pseudonyms or artist names.

In the event of a valid reason and independent of a termination, xamplo may initiate the following sanctions against its contractual partners and all contractual partners of the corresponding aspecx user group:

– Deletion of data uploaded by the contracting party
– Issue a warning
– Block access to services and websites of xamplo

3 Consequences of Termination

In the case of an effective cancellation, all fees already paid to xamplo will be forfeited. xamplo will not refund any fees already paid to the contracting party.

If the contractual relationship is terminated, the contractual partner has 30 days to download the uploaded and collected data again.

After a period of 60 days after the termination of the contractual relationship, xamplo is entitled to delete all data uploaded by the contractual partner, including but not limited to his account.

After termination of the contractual relationship, xamplo is not obliged to remind the contractual partner to download his data or to inform him that his data will be deleted. The only exception is when the contracting party is also the owner (administrator) of an aspecx user group. In this case, a termination of the contractual relationship does not result in the cancellation of the entire aspecx group.

4 Exclusive rights

xamplo exclusively and comprehensively reserves all rights (copyrights, domain rights, trademark rights, patent rights, etc.) as well as the entire know-how of its websites and services.

5 Place of jurisdiction and applicable law

The contractual relationship between the contracting party and xamplo is subject to Swiss law to the exclusion of conflict of laws provisions and international contracts.

In case of disputes, the Commercial Court of Arlesheim has exclusive jurisdiction.

6 Data protection

The contractual partner and xamplo undertake to accept and comply with the currently valid and applicable data protection law.

7 Responsibility and liability of the customer

7.1 Respect for the law

When using the xamplo website, the contracting party accepts all currently applicable rights and provisions of third parties. The contracting party undertakes not to publish any of the following contents; insulting, racist or defamatory material, regardless of whether these contents are directed at other contracting parties, employees of xamplo or other persons and companies; pornographic contents or contents which violate the law for the protection of minors in any way; advertising or offering pornographic material or material which violates the law for the protection of minors in any way; harmless but harassing material (in particular spam) (cf. Art. 3 lit. o Unfair Competition Act); legally protected material (i.e. all material protected by copyright; trademarks, patents or registered designs under general patent law) without legal permission; advertising or offering legally protected content or services, as well as committing or promoting illegal acts under competition law, including but not limited to ongoing requirements (i.e. chain, snowball or pyramid schemes) and advertising illegal gambling.

The following actions are prohibited for the contracting party:

Use of mechanisms, software or scripts during the use of the xamplo websites; however, the user may use the interfaces or software made available to him by xamplo within the scope of the services offered on the xamplo websites; blocking, overwriting, modifying, copying, insofar as this is not necessary for the proper use of the services of the xamplo websites. Copying in the sense of “Robot/Crawler” search engine technologies is e.g. not necessary for the proper use of the services of the xamplo websites and therefore expressly prohibited; distribution and public reproduction of contents of the xamplo websites or of other users; any action that is likely to impair the functionality of the xamplo infrastructure, in particular to overload it excessively.

7.2 Risk of unauthorised access

The contracting party alone bears the risk of unauthorized access to its stored data, or data, which have been or have been stored by any persons, who have been commissioned by the contracting party with the granted access rights (i.e. in the context of data inheritance).

The contracting party alone bears the risk or the consequences resulting from all legal changes.

The contractual partner is authorized to pass on his administrator rights for the app to other contractual partners. Nevertheless, each administrator retains responsibility for the content processed on the App during his or her administrator period.

The Contractual Partner with administrator function reserves the right to refuse to register users for its aspecx user group if, for any reason, it believes that the information provided by said user is incorrect or incomplete.

8 Responsibility and liability of xamplo

xamplo is not in a position to validate the files uploaded by contract partners and is therefore not liable for any illegal effects that these data may cause.

Should the contracting party violate one or more of these provisions and should xamplo be held liable, xamplo will take all necessary legal steps against it. The contracting party hereby agrees to be jointly and severally liable to xamplo and to indemnify xamplo in full for any damages, claims, demands, costs and reasonable attorneys’ fees (including but not limited to claims which may be asserted by third parties) related to the data uploaded by the contracting party or which xamplo suffers because the contracting party violates these terms and conditions or the applicable law.

To the full extent permitted by applicable law, xamplo disclaims all liability and claims for damages (including its agents).

xamplos liability, which arises in relation to the contractual relationship, are, as far as legally permissible – excluded.

9 Changes of xamplo’s services

xamplo reserves the right to make changes or additions to any of its services offered on the xamplo website at its sole discretion and with reference to paragraph 1.3.

10 Termination of the contract

The contractual partner may terminate the contractual relationship at any time and without stating a reason, observing the notice periods. The contract must be terminated in writing via the functions displayed on the xamplo website or by deleting the account of the respective app or, in the case of a service provided by xamplo, in writing. In order to claim the termination, the contracting party is identified by the contract number, his name, his email account and, in the case of using the app, his account name and password.

11 Sales service

The contracting party can send questions, problem descriptions or suggestions regarding xamplo’s services to xamplo via the contact form on the xamplo Website.

12 Disclaimer

The contracting party shall indemnify xamplo against all claims, including claims for damages, asserted by other contracting parties or other third parties against xamplo due to an infringement of their rights by the content posted by the contracting party on the xamplo websites. The contracting party shall bear all reasonable costs incurred due to an infringement of the rights of third parties, including reasonable costs incurred for legal defence. The foregoing obligations of the contracting party shall not apply insofar as the user is not responsible for the infringement in question.

If the contents of the contractual partner violate the rights of third parties, the contractual partner shall, at xamplo’s discretion and at the contractual partner’s own expense, either procure for xamplo the right to use the contents or design the contents free of copyright. If the use of the services of the xamplo websites by the contracting party violates the rights of third parties, the contracting party shall immediately cease any use contrary to the contract and/or the law upon request by xamplo.

13 Data protection

xamplo is aware of the fact that a particularly sensitive handling of all personal data, which the users transmit to xamplo, is extremely important to the contractual partners. xamplo therefore observes all relevant legal data protection requirements (Swiss Data Protection Act and European Data Protection Directive). Both natural and legal persons agree that no further data protection guidelines are required in addition to the Swiss Data Protection Act and the European Data Protection Directive.

14 Final clauses

xamplo reserves the right to change these GTC at any time without stating reasons. xamplo will inform the contracting party about changes of the GTC according to paragraph 1.3.

The provisions of international private law and the UN Convention on Contracts for the International Sale of Goods (CISG) are hereby explicitly excluded.

Version 2019/1, 14.11.2019
2019 All rights reserved. Developed by xamplo GmbH