Effective Date: 28/02/2025
1. Acceptance of Terms
Welcome to Digiverse.ch. By accessing or using this website (the “Site”) and its services (the “Services”), you (the “User”) agree to be bound by these Terms and Conditions of Use (the “Terms”). If you do not agree to these Terms, you are not authorized to use this Site or its Services.
2. Description of Services
Digiverse.ch [Describe your services clearly and concisely. Be specific. Examples:] provides [e-commerce platform for digital goods], [information and community forum about web development], [subscription-based access to online courses].
3. User Accounts (If Applicable)
3.1. Account Creation: To access certain features of the Services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
3.2. Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account.
3.3. Account Termination: We reserve the right to suspend or terminate your account at any time, with or without cause, and without notice. You may terminate your account at any time by contacting us at [Your Email Address]. Upon termination, your right to use the Services will immediately cease.
4. Acceptable Use Policy
4.1. Prohibited Activities: You agree not to use the Site or Services for any unlawful purpose or in any way that violates these Terms. You agree not to:
* Violate any applicable laws or regulations.
* Infringe upon the intellectual property rights of others.
* Transmit any harmful or malicious code.
* Interfere with the operation of the Site or Services.
* Engage in any activity that could damage, disable, overburden, or impair the Site or Services.
* Attempt to gain unauthorized access to the Site, Services, or other users' accounts.
* Harass, threaten, or abuse other users.
* Post or transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
* Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
* Collect or store personal data about other users without their express consent.
* Engage in any commercial activities without our express written consent.
* Circumvent any technological measure implemented to protect the Site, Services, or content.4.2. Monitoring: We reserve the right to monitor your use of the Site and Services to ensure compliance with these Terms. We may remove or disable access to any content that violates these Terms.
5. Intellectual Property
5.1. Ownership: The Site, Services, and all content included on the Site (including but not limited to text, graphics, logos, images, software, and code) are owned by Digiverse.ch or its licensors and are protected by copyright, trademark, and other intellectual property laws.
5.2. User-Generated Content (If Applicable):
* If you submit content to the Site (e.g., comments, reviews), you retain ownership of your content. However, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display your content in connection with the Site and Services. You represent and warrant that you have all rights necessary to grant us this license.
* You are solely responsible for the content you submit and agree to indemnify us for any claims arising from your content.5.3. Trademarks: Digiverse.ch and its logos are trademarks of Digiverse.ch. You may not use our trademarks without our prior written consent.
6. Data Protection and Privacy (GDPR Considerations)
6.1. Data Processing: We process your personal data in accordance with our Privacy Policy, which is incorporated into these Terms by reference. By using the Site and Services, you consent to our processing of your personal data as described in the Privacy Policy.
6.2. GDPR Compliance: We are committed to complying with the General Data Protection Regulation (GDPR) where applicable. We will only process your personal data for legitimate purposes, such as providing the Services, communicating with you, and complying with legal obligations. We will implement appropriate technical and organizational measures to protect your personal data.
6.3. User Rights: You have the right to access, rectify, erase, restrict processing, and object to the processing of your personal data. You also have the right to data portability. To exercise your rights, please contact us at [Your Email Address].
6.4. Data Transfers: If we transfer your personal data outside of Switzerland or the European Economic Area (EEA), we will ensure that appropriate safeguards are in place to protect your data, such as Standard Contractual Clauses approved by the European Commission.
7. Disclaimers
7.1. Warranty Disclaimer: The Site and Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Site or Services will be uninterrupted, error-free, or secure.
7.2. Limitation of Liability: To the fullest extent permitted by applicable law, we shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of the Site or Services, even if we have been advised of the possibility of such damages.
8. Links to Third-Party Websites
The Site may contain links to third-party websites that are not owned or controlled by us. We are not responsible for the content, privacy policies, or practices of any third-party websites. You access third-party websites at your own risk.
9. Termination
We may terminate your access to the Site and Services at any time, with or without cause, and without notice. You may terminate your use of the Site and Services at any time. Sections 5 (Intellectual Property), 7 (Disclaimers), 9 (Termination), and 10 (Governing Law and Jurisdiction) shall survive any termination of these Terms.
10. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts in [Specify Canton/City, e.g., Zurich, Switzerland].
11. Changes to the Terms and Conditions
We reserve the right to modify these Terms at any time. We will post the updated Terms on the Site and indicate the effective date. Your continued use of the Site and Services after the posting of the updated Terms constitutes your acceptance of the changes.
12. Contact Information
If you have any questions about these Terms, please contact us at:
Digiverse.ch
Sonnengasse 28
CH-5313 Klingnau
Additional Clauses to Consider Adding (Depending on your specific business):
- Payment Terms (if you sell products or services): Clearly state your payment terms, including pricing, accepted payment methods, refund policies, and cancellation policies.
- Shipping and Delivery (if you ship physical products): State your shipping and delivery policies, including estimated delivery times, shipping costs, and responsibility for lost or damaged items.
- Returns and Refunds (if applicable): Clearly outline your return and refund policies, including the conditions under which returns are accepted, the time frame for returns, and how refunds are processed.
- User Conduct on Forums/Community Areas: If you allow user forums, add clauses governing behavior.
- Indemnification Clause: Requires the user to indemnify you for damages caused by their use of the site.
Important Notes:
- Swiss Law: This draft specifies Swiss law as the governing law. Ensure this is appropriate for your business.
- GDPR Application: Remember that the GDPR applies if you are targeting EU residents.
- Clarity and Readability: Make sure the final version is written in clear, concise language that users can easily understand.
- Update Regularly: Review and update your Terms and Conditions regularly to keep them current with legal requirements and your business practices.
- Mobile Devices: If your website is accessible via mobile devices, you should also address mobile-specific considerations in your Terms and Conditions.