of Waser Technologies
Last modified : march 15, 2020
I am delighted to count you among the visitors of my site.
I have listed below the important legal terms that apply to each visitor to my website and each user of my services. These conditions are necessary for your protection and mine, to be able to provide my services in a satisfactory manner for everyone.
I understand that reading them can be tedious, but I have made sure that this is not the case. If you have any suggestions on how I could improve them, I invite you to contact me using this contact form.
I study state of the art tools and techniques in artificial intelligence with the aim of designing a personal assistant. Once a technique or a tool (“Technology”) studied and then mastered, I use it to design a service (“Software as a Service”) to amortize the research and development costs of the Technology and finance the next one.
My first and current unique Technology; Web.mvc, offers Users the possibility of creating a website easily and quickly.
As detailed below, I offer my users many tools and features to create, publish and operate superb sites and newsletters.
The websites and online or mobile platforms created by Users through Web.mvc are collectively referred here as "User Platforms".
Waser Technologies develops technologies in order to design a personal assistant.
To amortize the cost of research and development of technologies, they are marketed in the form of annual or monthly licenses (Software as a Service).
These conditions of use of Waser.Tech (nologies) ("Conditions of use") establish all the terms and conditions applying to any visitor or user ("User" or "you") of the Waser.Tech site ( nologies) and / or any other service, application and functionality that I offer in this context, unless expressly stated otherwise (collectively - the "Services").
The Terms of Service constitute a binding and enforceable legal agreement between me (Danny Waser or "I" or "Waser Technologies") and you with respect to the use of any service - so I invite you to read them carefully.
In order to use and access certain sections and functionalities of the Services, you must first register and create an account with Waser Technologies (“User Account”).
If a third party accesses your User Account and / or the settings of your User Platform, that person will be able to do everything you can do (unless otherwise stated in the Services), modify your Platform and your User Account and accept any legal conditions arising therefrom, make declarations and provide guarantees, among other things and all these actions will be deemed to have been carried out on your behalf and on your behalf.
Therefore, I strongly recommend that you maintain the confidentiality of your User Account identifiers, and allow access only to people you trust, as you will be fully responsible for the actions carried out via your User Account and / or your User Platforms (including all declarations, guarantees and agreements relating to them), whether you have expressly authorized them or not, and of all damages, costs or losses that may result from these actions.
You must provide accurate and complete information of which you have exclusive rights when you open your User Account and when you use the Services. I strongly recommend that you provide your own contact information (or your company) and billing information, including a valid email address, as I may need to use it to identify you and verify that you are the real one owner of the User Account and / or User Content (as defined below) that you submit to me.
In the event of a dispute relating to the ownership of a User Account, I reserve the right to determine ownership of the User Account on the basis of my informed judgment, whether or not I have commissioned an independent investigation. However, if I could not make this determination (as estimated in my sole discretion), I reserve the right to avoid doing so and / or to suspend a User Account until the parties have reached to the resolution of the dispute relating to this property, without that I have no responsibility towards you or any other party. I can ask you for documents (eg a national identity card or professional certificate) which could allow me to determine ownership.
Among others, I can take into account the principles set out below.
Waser Technologies will consider that the owner of a User Account, a User Platform and / or User Content created and / or loaded on the Services, is the person or entity that has access to the e-mail address appearing in the files of Waser Technologies relating to the User Account from which said Platform or said User Content was created.
If Paid Services (as defined in article 5 below) have been purchased via a User Account, Waser Technologies will consider the owner of this User Account and / or any User Platform and / or Corresponding User Content created from it, as being the person or entity whose billing details were used to acquire said paid Services ("Billing Information"). Notwithstanding the above, if a User Platform has been connected to an external domain name (imported or purchased within the framework of certain paid Services, as defined below), and the registration information for said domain is accessible publicly via the WHOIS database accessible on the site www.whois.net, or on the Infomaniak database, Waser Technologies will consider the person or entity mentioned as a subscriber to this User Platform to be the owner of said field. In the event that a person and an entity are both registered as subscribers or subscribing entity of this domain, Waser Technologies will consider the entity as the beneficial owner of the domain, and therefore for Waser Technologies, the entity will own of the User Platform connected to said domain. In the event that the Billing Information indicates a person as being the owner of the User Platform and the domain registration mentions a different owner, Waser Technologies may consider the person mentioned in registration as the owner of the domain connected to the Account, as being the owner of the User Platform.
Notwithstanding the above, Waser Technologies has the right to determine the ownership of User Content and / or a User Platform according to its choice, including ignoring the indications defined above, in the case where Waser Technologies considers, at its sole discretion, that the situation justifies this determination, all established on the factual situation as determined by Waser Technologies.
In order to use my services, you must create a user account.
You must ensure the protection of your username and password, and allow only trusted people to access your account or site settings.
All activities taking place via your user account or website are your responsibility.
The account information that you provide to me must be yours (or that of your company), and must be precise and exhaustive.
When the ownership of a user account is disputed, I may be led to determine the ownership of said user account.
your country of residence and / or the country of registration of your company is the same as the country indicated in the contact details and / or the billing address that you provide to me;
you understand that Waser Technologies does not provide legal advice or recommendations regarding the laws or requirements applicable to your use or to your End Users, or your compliance therewith;
And more specifically regarding your User Content
You confirm that you have all rights in and to any content posted online or provided by you, or imported, copied or posted online by the Services for you, on your User Platform ("User Content"), including all ( e) design, image, animation, video, audio file, font, logo, code, illustration, composition, work, interface, user name, information provided by you for the purpose of creating a sub-domain, text, literary work and any other document (“Content”), or otherwise have (and will continue to have) full powers, titles, licenses, consents and authority over User Content, as necessary for legal access, import, copy, use, publish, transfer or license this User Content, by you and me;
you hold (and will maintain) full powers, titles, licenses, consents and authorities to authorize the access of any site, Internet page and / or other online service to the Services in order to import, copy, display, put online, transmit and / or otherwise use your User Content.
User Content is (and will continue to be) true, current, accurate, does not infringe any third party rights, and is in no way illegal for you to upload, import, copy, own, post, transmit, display , or otherwise use, in the country where you reside, your visitors and users of the User Platform (“End Users”) or for Waser Technologies or the End Users to access, import, copy, upload, use or proceed in connection with the Services;
you have obtained all the consents and authorizations required under any applicable law regarding the display, transmission and publication of any personal information and / or any information involving the right to the image or a resemblance to any person, entity or any property forming part of the User Content, and you agree to comply with the relevant legislation.
In order to use my services, you must meet certain obligations and conditions.
Among other things, you must have reached the age of majority, reside and use my services in an authorized place.
In addition, you must hold all rights relating to any content that you upload or publish or access, import and / or upload for you through my services and ensure that such content is legal. and reliable, and that anything you do with it (or allow Waser Technologies or your end users to do so) is legal.
fully comply with all applicable legislation and all other contractual clauses that govern your use of the Services (as well as any related interaction or transaction), including legislation specifically applicable to you or your End Users in each of your geographic locations ;
you are solely responsible for the use of the Services provided via your User Account and / or your User Platforms, and for all of your User Content (including the consequences of access, import , the posting, copying, use or publication of such User Content in or in connection with the Services);
regularly and independently record and save your User Content and the information that you process within the framework of your User Platform, including, with regard to End Users, User Products and any application and / or any Third Party Service you use;
receive promotional messages and content at any time from Waser Technologies or its partners, by e-mail. If you no longer wish to receive such messages and promotional content, you can unsubscribe using the method described in each message sent;
allow Waser Technologies to perpetually use, worldwide and free of charge, a version of your User Platform (or any part of it) for the purpose of promotional or marketing activities of Waser Technologies, online and / or offline, and modify it within reasonable limits with regard to the ends sought, and waive any claim against Waser Technologies or any person acting on its behalf concerning moral rights, copyrights or any other right, past, present or future, worldwide, that you may hold in or in connection with your User Platform, with regard to such uses of an authorized and limited nature;
consider as being at the sole discretion of Waser Technologies the means, the manner and the method of providing the Services, including those relating to the hosting, transmission, publication and / or display of any platform and / or Content User (including the inclusion and presentation of any advertising or other promotional content in this context).
Waser Technologies has the right to offer the Services under separate price offers and to impose various restrictions such as relating to the posting, storage, downloading and use of the Services in each price offer, including but not limited to limit, restrictions on network traffic and bandwidth, size and / or length of Content, quality and / or format of Content, sources of Content, volume of download time, number of subscribers to your Content, etc.
You must comply with all applicable laws.
You will be held responsible for your actions and those of anyone who has access to your user account or user platform settings.
You will need to make regular backups of your content.
You accept that I send you messages and promotional content. No spam, I promise.
You can easily choose to stop receiving promotional messages by unsubscribing directly from the messages sent.
You will allow me to use your site for my promotional activities, and to determine how the services will be provided.
You agree that Waser Technologies has the right to impose or change the pricing offers for its Services. In addition, Waser Technologies may impose restrictions depending on your specific use of the Service.
send, transmit or display any User Content, or use Licensed Content in a context that may be considered defamatory, slanderous, obscene, harassing, threatening, inflammatory, abusive, racist, abusive, deceptive or fraudulent, inciting to commit a unlawful or harmful act, or which infringes the rights of Waser Technologies or a third party (including intellectual property rights, rights to respect for private life and contractual or fiduciary rights), or which presents any person, entity or brand in a critical or derogatory manner without having obtained its express prior authorization;
act in any illegal way to collect login data and / or passwords for other websites, third parties, software or services;
phishing, collecting, posting online or otherwise making available credit card or other financial information used to collect payments, unless it is done in accordance with applicable laws, including PCI DSS standard if applicable;
post, collect or otherwise make available through Web.mvc or the Services (or any part thereof), any Malicious, illegal, defamatory or obscene Content;
publish and / or use Services or Licensed Content on any website, media, network or system other than those provided by Waser Technologies, and / or create a frame, deep links, "page scrape" page capture, mirror and / or create a browser or border environment based on the Services, the Licensed Content and / or a User Platform (or any part thereof), except express prior written authorization from Waser Technologies;
use a “robot”, “spider” or other device, program, script, algorithm, automatic methodology or any similar or equivalent manual process to access, acquire, copy or monitor any part of the Services (or its data and / or Content), or reproduce or divert the navigation structure or presentation of the Services in order to obtain or attempt to obtain information, documents, services or information in a way that is not made available via the Services;
act in a manner that could be perceived as damaging to the reputation of Waser Technologies or that would discredit or harm Waser Technologies;
purchase domain names that use trademarks, variants, or a version spelled differently from the name Waser Technologies or Trademarks of Waser Technologies;
impersonate any person or entity or provide false information in the Services and / or User Platform, either directly or indirectly, or perform any manipulation in order to conceal your identity or the origin of any message or any transmission that you send to Waser Technologies and / or to End Users;
falsely asserting or falsely representing your affiliation with any person or entity, or falsely expressing or implying that Waser Technologies or any third party recommends, approves your User Platform, your business, your User Products or any statement you make ;
perform a reverse search, trace or aim to trace any User of Services, or interfere with or infringe the rights of privacy or other rights of a User, or collect or collect personal information about visitors or users of the Services and / or of a User Platform without their informed and express consent;
deactivate, circumvent, evade or avoid any measure allowing to prevent or restrict access to the Services, to a User Platform, to the account of any other User, to other systems or networks connected to the Services, by hacking , by password extraction or in other illegitimate or prohibited ways;
probe, scan or test the vulnerability of the Services or any network connected to the Services;
upload to the Services and / or User Platform or otherwise use them to design, develop, distribute, transmit or execute a virus, worm, Trojan horse, time bomb, invisible pixel, spyware, malware or any other code, file or computer program that may be or is intended to damage or hijack the operation of any telecommunications hardware, software or equipment or any other code or component that is genuinely or potentially harmful, disruptive or invasive.
take any measure which imposes an unreasonable or disproportionate load on the infrastructure of the Services or systems or networks connected to the Services, interfere with or disrupt the operation of any Service, or the servers or networks which host or make them available, or contravene any requirement, procedure, policy or any regulation governing these servers or networks;
use the Services and / or User Platform in connection with any form of spam, unsolicited e-mail, fraud, scam, phishing, "chain letters", pyramid schemes or similar behavior , or carry out unethical marketing or advertising operations;
access the Services, User Accounts, Licensed Content and / or User Content through any technological means (eg "scraping" capture and "crawling" extraction) other than our publicly highlighted interfaces.
remove or modify copyright notices, watermarks, restrictions and inserts indicating the exclusive rights of one of our licensors, including the copyright mark [©], Creative Commons flags [( cc)] or trademarks [® or ™] contained in or accompanying the Licensed Services and / or Content; or
access or use the Services for the purpose of benchmarking or any other similar competitive analysis or in order to build a competitive product or service.
You acknowledge and agree that your failure to comply with the above or any inaccurate statement made by you herein may result in the immediate termination of your User Account and / or the Services provided - with or without other notice and without any refund of amounts paid for these Services.
In general, I expect you to behave pleasantly, and that you avoid performing any act which may be harmful to me or to any third party.
Among other things, you cannot copy my documents, use content in an illegal or harmful manner, use my services or content on a platform or site that I do not provide, make false statements or abuse my services , or violate the rights of any person or any applicable law.
Failure to comply with these rules authorizes me to cancel your account and to cease providing my services to you.
Since between you and me, it is your responsibility to own all intellectual property relating to your User Content and any other material created by you, including any design, image, animation, video, audio file , font, logo, illustration, composition, work, code, interface, text and literary work, Waser Technologies does not claim any property rights over your content. For the sole purpose of providing you with the service, you know and accept that I would need to access, upload and / or copy your User Content on my platform, including cloud and CDN services, to make display settings, to duplicate in order to save and carry out any other activity and / or technological use to operate my services, as I consider appropriate.
You own all rights to your content. In order to provide you with my services, I handle, store, save and copy your content between different servers.
All rights, titles and interests in, and relating to, the Services, including any protectable material or any other content that is or may be subject to intellectual property rights under applicable laws including: artwork, graphics, image, website template and widget, literary work, source and object code, computer code (including HTML), application, audio, music, video and other media, drawing, animation, interface, documentation, derivatives and versions thereof ci, appearance of Waser Technologies Services, method, product, algorithm, data, function and interactive object, advertising and acquisition tool and method, invention, trade secret, logo, domain, personalized URL, trademark, service mark , trade name and other industrial property identifiers, whether or not registered and / or which may be the subject of a deposit (collectively, “Intellectual Property”), and any derivative work e of the above, are the property of Danny Waser and / or inherent in a license granted to Waser Technologies.
I have all the rights on my services, contents, data, technologies and functionalities.
You can use my services and content as long as you fully comply with these conditions and make full and timely payments of the amounts due.
If you provide me with suggestions or comments concerning the Services (whether existing, suggested or envisaged) presenting or which may be the subject of Intellectual Property Rights (“Comments”), these Comments will be the exclusive property of Waser Technologies . By delivering these Comments to Waser Technologies, you acknowledge and agree that they can be used by Waser Technologies to: (I) develop, personalize and improve the Services in the future, (ii) provide continuous technical assistance and support , (iii) contact you by means of general or personalized notifications relating to Waser Technologies and / or interview requests based on your comments or otherwise, (iv), facilitate, sponsor and propose certain promotions, and monitor performance, (v) create statistics by aggregating data and other aggregated and / or inferred information, which can be used by Waser Technologies to provide and improve its services, (vi) improve data security and the means of preventing fraud, implemented by Waser Technologies, and (vii) comply with all applicable laws and regulations. In addition (1) you represent and warrant that these Comments are accurate and complete and do not infringe the rights of a third party; (2) irrevocably assign to Waser Technologies any rights, titles and interests you may have in these Comments, and (3) expressly and irrevocably waive any claims relating to any moral, copyright or other similar rights , past or present, worldwide, in or relating to this Commentary.
I welcome your comments or suggestions.
If you send me comments or suggestions, please make sure they are accurate and lawful.
The prices are communicated by Waser Technologies and are guaranteed for the period of validity of the license. The contractual term of a license is one year.
Waser Technologies reserves the right to modify its Fees at any time, subject to notice if these changes may affect your existing subscriptions. If you have received a reduction or other promotional offer, Waser Technologies will have the right to automatically renew your subscription to these Services without notice, the Fees corresponding to the full applicable rate.
All prices will be deemed to be in Swiss francs, unless expressly stated otherwise by Waser Technologies in written form. To the extent permitted by law (and unless otherwise specified in writing by Waser Technologies), all Fees are understood to be net of tax (including VAT, sales tax, goods and services tax , etc.), customs or other charges imposed by the tax authorities (“Taxes”), and you will be responsible for paying all applicable taxes in connection with your use of the Services, or for payments or purchases made by you. If Waser Technologies is required to collect or pay Taxes related to the Fees you have to pay, and notwithstanding the fact that these Taxes have been added or collected from you for previous transactions, these Taxes may be added to the payment of Fees not yet paid and will appear on the Invoice for the transaction in question. We recommend that you check for the existence of additional fees that may be billed to you by a Third Party in connection with the purchase of paid Services, or the renewal of these (international transaction fees, exchange fees, or bank or credit card). Waser Technologies is not responsible for any of these additional fees or costs.
As part of registering or sending information to benefit from Paid Services, you also authorize Waser Technologies (either directly or through its affiliates or other third parties) to request and receive payment (or invoice, refund or take any other billing action) to my payment provider or to your designated bank account, and to make any request for information that Waser Technologies deems necessary to validate your designated payment account or your financial details in order to ensure payment is made in a timely manner, including receiving the updated payment details from your payment account, credit or bank card provider (for example, an expiration date or an updated card number as provided to us by your credit card company).
My services are chargeable. I will let you know their price in advance.
My prices are denominated in Swiss francs and excluding tax, unless otherwise stated..
If necessary, I or my affiliates may request and collect payments and related information from payment providers and banks.
A debit order, when registering and renewing a Service, is transmitted to the payment provider used by Waser Technologies.
You pay when you buy your license, then annually or monthly depending on the technology.
To compensate for a possible interruption or loss of services, certain Paid Services include an automatic renewal option by default, in accordance with this, unless you deactivate the automatic renewal option, these Paid Services will be automatically renewed at the end of the applicable subscription period, for a renewal period of a duration equal to the license period.
In the absence of payment from you, the license is not renewed. If you already have the license, you can continue to use the Service. You only lose access to updates and technical support.
You can decide at any time and without condition to deactivate the tacit renewal of the contract. No refund or credit will be given for partially used months or for unused months.
You can deactivate the automatic renewal option or cancel your paid Services at any time from your User Account.
Notwithstanding any clause to the contrary in the foregoing, you are and will be solely responsible for verifying and ensuring the successful renewal of the Services you use (whether or not these Services are subject to automatic subscription renewal). Therefore, you will be solely responsible for any interruption of Services previously purchased by you, including due to cancellation, failure to charge applicable Recurring Charges, or the fact that a Service does not is not subject to automatic subscription renewal. You acknowledge and agree that you will not make any claim against Waser Technologies in connection with the interruption of the Services or third-party Services, for any reason.
To ensure that you do not lose your domain or undergo an interruption on your site at the end of the subscription period, I automatically renew my service and bill you accordingly, at regular intervals similar to those of your subscription initial, unless you cancel your subscription or deactivate automatic renewal.
Some services may not be renewed automatically, on purpose, or by mistake. You need to make sure that your subscriptions are renewed on time.
If you are not satisfied with one of the Services subject to a Fee for the period of use or a registration commitment, as part of the initial purchase of this service, you have the option of notifying the 'cancellation, without any specific reason, within fourteen (14) days of the first order, or activation of this service (the' Refund 'and the' Refund Period '). The Refund only applies to the initial purchase of Services. The Refund does not apply to any additional purchase, upgrade, modification or renewal of Services. If you reside in a jurisdiction where the law establishes a longer Refund Period, I would of course be happy to comply with this requirement by adapting to all applicable laws. If Waser Technologies receives this notification during the Refund Period, Waser Technologies will reimburse you for the amount you actually paid for these Services in the currency originally billed, and therefore cancel them. Waser Technologies invoices these Services in the currency used for the original invoicing, the cancellation works on the same principle. Note that the amount of the Refund may be different from the amount of which you were billed, due to the fluctuation of exchange rates or fees charged by a third party. Waser Technologies is not responsible for any differences inherent in changes in currency exchange rates, or for fees that third parties may charge you. After the Refund Period, the Fees paid by you will be non-refundable and non-cancellable. In addition, if I find that the cancellation notification was made in bad faith or as part of an illegitimate attempt to avoid payment for the services actually received and provided, I reserve the right to establish an invoice despite all to the User who provided this notification for Services actually received, to the extent permitted by law.
I offer a 14 day money back guarantee for my services. It can be extended in accordance with the law.
Please check the terms of each service carefully before purchasing, as some of them are non-refundable.
If, at any time, I note a refusal, chargeback, or other opposition to the payment of Fees on your Account (“Chargeback”), this will be considered as a violation of your payment obligations hereunder, and your use of the Services may be automatically suspended or terminated.
In the case of a Chargeback, your User Account can be blocked without the option of redemption or reuse, and all the data contained in this User Account, without however understanding the domains, applications and third-party Services which can be kept.
Your use of the Services will not resume until you have re-subscribed to these Services, and pay the applicable Fees in full, including the fees and expenses incurred by Waser Technologies and / or third-party Services for each Chargeback (including Fees for Services provided before the Chargeback, processing fees and those incurred by the payment service).
If you have any questions or concerns regarding a payment made to Waser Technologies, I recommend that you first contact me before requesting a Chargeback or objection in order to avoid cancellation of the Services or blockage of your User Account, and avoid an unjustified or erroneous chargeback request, which may expose you to the applicable Fees, in addition to having to pay again all the Fees applicable to the Services purchased (and which have been the subject of '' chargeback).
I reserve the right to dispute any Chargeback received, including by providing the credit card company or the financial institution concerned with any information and documentation proving that the User responsible for this Chargeback has actually authorized the transaction and used the services rendered thereafter.
Chargebacks can cause us to cancel your account, so I strongly recommend that you avoid such situations.
Please contact me before requesting a chargeback. You will be responsible for the incorrect charges, losses and ensuing expenses.
You can stop using and request to cancel your User Account and / or Services at any time, in accordance with the instructions available in the Services. The effective date and time for such cancellation are those on which you have finalized the cancellation process on the Services, and the effective date of termination of the paid Services will be that of the end of the subscription period which is reports.
Notwithstanding any clause to the contrary in the foregoing, subscriptions to automatically renewed paid Services will be canceled only at the end of the period for which you have already made the payment. Please note that the cancellation process can take a few days, the cancellation request must be made at least fourteen (14) days before the expiration of the period of service then in force in order to avoid the next automatic renewal and resulting costs.
You can cancel your account or services at any time. Once I have processed your cancellation request, I will no longer charge for additional subscription renewals.
If you do not follow these terms or make timely payments, I may suspend or cancel your account.
If your User Account, Services or Third Party Services linked to your User Account are canceled (either at your request or at the discretion of Waser Technologies), this may result in the loss of certain content, functionality or capabilities of your User Account, including User Content, End User data or other usage data stored for that purpose, including a reservation or domain name registration that has been included in these Services (“Loss of Capacity”). Waser Technologies declines all responsibility in the event of such Loss of capacity, or with regard to the recording of a backup copy of data from your User Account, your User Content or the End User. Please also note that Additional Fees may apply to a reactivation of a User Account and / or any service as a result of their cancellation, as determined by Waser Technologies in its sole discretion.
If your account or services are canceled, this may result in loss of content and data. It is your responsibility to save your data and documents.
The Services allow you to contract and procure certain third-party services, products and tools to improve your User Platform and your overall experience of use, including, but not limited to, companies that allow names to be registered. domain, third-party applications and widgets offered through the Waser Technologies Site, Third Party Licensed Content, multimedia content distribution services, E-Commerce service providers, sellers of tangible products, third-party designers who can provide you with help with your User Platform, etc. (collectively, "Third Party Services").
You acknowledge and agree that notwithstanding the manner in which these third-party Services may be offered to you (grouped with or integrated into certain services, offered separately by Waser Technologies or by persons certified or authorized by Waser Technologies, or otherwise offered in all of the services) , Waser Technologies simply acts as an intermediary platform between you and these Third Party Services, in no way recommends these Third Party Services, and will not be responsible for them. Waser Technologies will not be involved in, or in any way responsible for, the tracking of any interaction or transaction between you and the Third Party Services.
You acknowledge that these services may require the payment of additional amounts to Waser Technologies and / or to the suppliers of these third-party Services.
Any use of these third-party Services will be made solely at your own risk, under your responsibility, and may be carried out subject to the legal and financial conditions which govern these third-party Services which you are invited to consult before making a decision.
Even if I hope to avoid such cases, Waser Technologies may, at any time and in its sole discretion, suspend, deactivate or delete from your User Account, User Platform and / or Services, access to any Third-party service - whether or not incorporated with or part of your User Account and / or User Platform, without any liability to you or an End User.
My services allow you to obtain various tools and services from third parties who are not affiliated with me.
Since I only act as an intermediary platform between you and these parties, you will be solely responsible for your commitments with them.
I can delete services at any time, which can affect your site, user account, or overall experience.
When you use the Services, you may be exposed to User Platforms, User Content or Third Party Services from a variety of sources which may be inaccurate, offensive, objectionable or illegal. You waive all legal or equitable rights, and any remedies you may have against Waser Technologies in this context.
If you believe that a Third Party User or Service has acted improperly or has otherwise abused the Services, please immediately report this Third Party User and / or Service via this form. You accept that your report in no way involves the responsibility of Waser Technologies, and that Waser Technologies may examine and act accordingly, refrain from acting or request additional information or documents before doing so, in its sole capacity discretion.
If you become aware of or face inappropriate or abusive behavior on the part of any person using my services, please inform me.
Waser Technologies acts in accordance with its interpretation of the Digital Millennium Copyright Act (“DMCA”). If you believe that your creation has been copied or has been used in a manner which constitutes copyright infringement, you can inform me of this infringement via this form, by providing me with the following information: (1) contact details the person authorized to act on behalf of the copyright owner; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the document which you consider to be counterfeit, or which is the subject of counterfeit activity, and which must be deleted, or whose access must be closed, as well as enough information to allow Waser Technologies to locate content (including the Internet address); (4) a statement that you believe in good faith that the use of the material in question is not authorized by the copyright owner, its representative or the law; and (5) a statement that the information in the alert is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner who is allegedly infringed.
Waser Technologies can be contacted at the following address:Danny Waser Rue du Vallon 26 1005 Lausanne Phone number : 078 911 98 34 E-mail : firstname.lastname@example.org
In the event that Waser Technologies receives a report of copyright infringement associated with your User Account or User Platform, I may cancel your User Account, deactivate your User Platform or delete any Content at my sole discretion, with or without notice. In this case, you may file an appropriate objection in accordance with section 512 of the DMCA, in which you must include: (1) your name, address, telephone number and your physical or electronic signature; (2) identification of the document and its location before deletion; (3) a statement under penalty of perjury that the document has been deleted by mistake or misidentification; (4) your consent to use an appropriate judicial body; and (5) any other information required under the relevant provisions of the DMCA. Any notification made under this section 8 may be considered accepted, applicable and compliant with DMCA law, or not, at the sole reasonable discretion of Waser Technologies. I reserve the right to notify the natural or legal person who provided the report of violation of the filing of this notice of objection and provide him with all the details included therein.
I respect the intellectual property rights of others.
If copyrighted works have been used inappropriately by any of my users - please let me know and provide me with all necessary information, and I will handle the case in accordance with DMCA law.
If I receive a copyright infringement notice regarding your site or content, I may delete or cancel your site and your account.
I provide the Services "as is", "with all their imperfections" and "subject to availability", without any warranty of any kind, including the implied warranties or conditions of merchantability, fitness for a particular purpose, use of the rules of the art, absence of counterfeiting, or any other guarantee - the whole to the fullest extent permitted by law. Specifically, I do not represent or warrant that the Services (or any part, functionality or Content contained therein) are complete and accurate, of a certain quality, reliable and secure, suitable for, or compatible with, your activities, devices, operating systems, browsers, software or tools, or with those of your End Users (or that they will remain so), or comply with any law applicable to you or your End Users (including in any jurisdiction in which you operate), or that their operation will be free from any virus, bug or other harmful component or program limitation. Additionally, I do not endorse any product, entity or service (including Third Party Services) mentioned or made available through the Services - so please make sure of this before using one.
Waser Technologies may, in its sole discretion (without being required to do so), monitor, monitor and / or modify any User Platform and / or User Content, at any time and for any reason, with or without notice.
Notwithstanding any clause to the contrary in the foregoing, Waser Technologies cannot in any case be considered as an "editor" of any User Content, will not in any way approve any User Content, and will not assume any responsibility for any User Content loaded, displayed, published and made available to any User, or any other party, via the Services, in relation to any use by any party, or any loss, deletion or alteration relating thereto, or any damage, loss, cost or expense that you or others may incur as a result of or in connection with the publication, access to and / or use of any User Content. In addition, Waser Technologies declines any responsibility in the event of error, defamation, insult, lies, obscenity, pornographic content, incitement and / or for any other illicit and / or violating User Content rights, which you or any party may face.
You acknowledge that there are risks by using the Services and / or by connecting to and / or dealing with any Third Party Service via the Services and that Waser Technologies has neither the means nor the power to guarantee particular results with respect to such use, and / or interactions, and you hereby assume all of these risks, responsibilities and / or damages of any kind, arising or resulting from such interactions. These risks may, among other things, take the form of inaccurate information about and / or coming from third-party Services, and / or Licensed Content, breach of warranty, and / or contract, violation of rights and any consecutive claim.
Waser Technologies does not recommend the use of the Services for hosting personal data and will not assume any obligation of security or integrity or any risk concerning the violation or degradation of such content.
Please note that some Services are currently offered in beta, or are undergoing beta testing. You understand and agree that some Services may still contain software bugs, be disrupted and not work as expected. Your use of the Services that are the subject of a beta version means that you agree to participate in beta tests for the said Services.
I do not offer any guarantee regarding my services, including their quality, reliability, security, compatibility and conditions.
I can monitor and modify your site and content.
However, I cannot be considered an "editor" of your content, I do not endorse it and cannot be held responsible for any content used by you or someone else.
There are risks inherent in the use of my services or third-party services. You accept these risks.
Some of my services are still in beta and may contain bugs or cause experience interruptions.
To the fullest extent permitted by law in each jurisdiction, Waser Technologies will not be liable to you for direct, indirect, incidental, special, punitive, exemplary or consequential damages, including any resulting damages (1) an error, fault or inaccuracy of or in any content; (2) any injury or property damage related to your use of the Services; (3) any unauthorized access to or use of my servers or any personal information and / or other information stored there; (4) any interruption or cessation of transmission to or from the Services; (5) the use or display of any Content or User Content published, sent by email, transmitted or otherwise made available through the Services; (6) events beyond the reasonable control of Waser Technologies, including Internet outages, power outages, equipment outages, strikes, labor disputes, riots, insurrections, civil unrest , labor or material shortages, fires, floods, storms, earthquakes, explosions, natural disasters, wars, acts of terrorism, intergalactic fighting, government action, court orders, or non-performance by a third party, and / or (7) loss of use, data, profit, goodwill or other intangible loss resulting from the use or inability to use of any Service.
You recognize and accept the principle according to which these limitations of responsibility represent an agreement of distribution of the risks inherent in the Services which are provided to you, and that these limitations will apply even in the case where Waser Technologies would have been informed of the possibility of such responsibilities.
Subject to applicable laws, I will not be liable for damages.
You will bear the costs and damages if I am the subject of legal proceedings or suffered prejudice as a result of your acts.
Waser Technologies reserves the right to modify, suspend or terminate the Services (or any function therein, or any tariff relating thereto), and / or cancel your access to any of the Services (including withdrawal of any document created by you in connection with the Services), for any reason and / or to modify the Conditions of use - at any time and in any way. You agree that Waser Technologies is not liable to you, or to any third party, for any modification, suspension or interruption of these Services.
If such changes involve the payment of additional fees, I will send you a notice detailing them before activating these specific changes. If you fail to, or refuse to, pay these fees, I may (at my sole discretion) cancel your User Account (as explained in more detail in article 6 above), continue to provide you with the Prior Services without activating these changes, or providing you with Alternative Services (including Third Party Services).
I can make changes to my services or these conditions at any time.
These claims and disputes, whatever their nature, will be exclusively settled by a competent court located in Lausanne in Switzerland. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
In compliance with all applicable laws, any dispute between you and Waser Technologies can only be resolved on an individual basis and you do not have the right to file a claim against Waser Technologies as a complainant or belonging to the litigant group a class action (or any other legal proceeding conducted by a group or representatives acting on behalf of others).
These conditions and our relationship will be governed by the laws of the Canton of Vaud in Switzerland. Any dispute between us can only be settled by the courts of Lausanne in Switzerland.
I can provide you with notifications using one of the following methods: (1) via the Services, including through a banner or pop-up window on the Waser Technologies Site, to your Account User or elsewhere; (2) by email sent to the address you have given me; and / or (3) by any other means, including any telephone number or physical address that you have provided to me. The notification from Waser Technologies sent to you will be deemed received and effective within twenty-four (24) hours of its publication or dispatch by one of the methods above, unless otherwise indicated in the notification.
I can provide you with notifications through my services, email or any other method of contact that you have provided.
The conditions of use and your use of the Services will not be and must not be interpreted in such a way as to create a partnership, a joint venture, an employer-employee relationship, an agency or a franchisor-franchisee relationship between you and Waser Technologies.
Acceptance of these conditions and services does not form a partnership or a special bond between us.
These conditions (together with other additional conditions) constitute the unique and complete agreement between us.
Waser Technologies may assign its rights, and / or obligations, hereunder, and / or transfer the property rights and titles relating to the Services, and / or Licensed Content, to a third party, without your consent or notice . You may not assign or transfer your rights and obligations hereunder without the prior written consent of Waser Technologies. Any real transfer, or attempted, without the express written authorization of Waser Technologies, will be null and void. In any event, an assignment, or a transfer, in accordance with this article 12.6, will not in itself entail the possibility for Waser Technologies, or for you, to cancel Services, or Third Party Services then in force.
I can assign my rights and obligations to third parties. You can only do this by obtaining my prior written consent.
These conditions can be dissociated, if one of them is declared invalid.
Any title, caption, or title of article appearing in this document, as well as any summary or explanation appearing in the right column "#InShort", is provided only for convenience and does not in any way define or explain an article or a clause herein, or does not bind us legally.
Only the left column is legally binding (this column is only intended to provide more clarity).
Translated (non-French) versions of these terms are provided for convenience only.