Avastra AG Terms and Conditions
1. Scope
These terms and conditions ("Terms") apply to accessing and using the social media platform Inspired and related services (together the "Platform") available on https://app.inspired.ch/ ("Website") and the Inspired app ("App") available on the Apple App Store and Google Play, offered by Avastra AG, Seestrasse 77, 8703 Erlenbach, Switzerland ("Company"). Platform. Website, the App and all other services provided by the Company are together referred to as the "Services".
To access or use the Services, you ("User") have to agree to these Terms. The User agrees to these Terms by continuing to use and interact with the Services. If the User does not agree to these Terms, the User may not use or access the Services.
These Terms, together with other relevant documents, form a legally binding agreement ("Agreement") between the Company and the User ("Parties").
The Services are provided exclusively to persons who are at least 16 years of age or to persons aged between 12 and 16 who have obtained parental or legal guardian consent to use the Services, to legal entities, or to agents duly authorized to act on behalf of a legal entity.. The User represents and warrants that they are not a person or entity barred from using the Services under the laws of Switzerland, their place of residence, or any other applicable jurisdiction. Accounts registered by bots or automated methods are not authorized and will be terminated.
2. Services
2.1 Description of the Services
Inspired facilitates the connection among registered Users, divided into innovators ("Innovators"), supporters of innovation ("Supporters"), and admins with privileged access to administrative features ("Admins"). Users can create and share content in different forms, including but not limited to audio-visual content, comments or reactions to other User’s publications ("User Content"), and interact with other Users. Through the Services Users can showcase ideas and projects and give them a platform. Users can support each other by interacting through the Services. User understands and agrees that the possibility for Users to share User Content on the Platform may be limited to the extent displayed on the Platform, at the Company's sole discretion A complete overview of the provided Services and specific instructions on how to use the Services for each User type can be found on the Services.
The Company does not provide investment advice, nor does it make or solicit any offer by providing the Services. The Company assumes no responsibility for any User Content contained in the Services that could be construed as investment advice.
2.2 User Content
User is the sole owner of published User Content. Users shall not publish User Content that is violating this Agreement, any applicable law, or any regulation.
Users publishing User Content are solely responsible for User Content and they must ensure that User Content is true, accurate and complete at all times.
The User understands and agrees that the Company does not check the completeness, accuracy or legality of the User Content and therefore assumes no responsibility or guarantee for the completeness, accuracy, legality and topicality of the User Content.
The User is solely liable for all of the User Content and for the potential use of such User Content by other Users.
The User further understands and agrees that the Company may, at its sole discretion, highlight or otherwise promote publicly some or part of the User Content to other Users on the Platform.
Subject to terms of this Agreement, Company may, at its sole discretion and at any time, take down or otherwise limit sharing User Content in cases when User Content breaches the terms of this Agreement or Company’s accepted use policy (if any), or is reasonably considered by the Company, at its sole discretion, to be unfit for the purpose of the Services, which is to innovate with the purpose of contributing to one of the 17 UN SDGs .
3. Registration
The User must register or create an account to access and use the Services or part of the Services. Users may opt for a username, which might be their real name, or a pseudonym.
In order to become a verified User, the User might be required by the Company to share their real identity to the extent requested during the registration process. The User understands and agrees that it may not be able to become a verified User without sharing such information with the Company.
When registering, Users have to choose between registering either as an Innovator or as a Supporter. The registration process differs for each type of User. The completion of registration depends on the verification or denial by Admins at their own discretion.
The User must provide accurate, current, and complete information during registration and keep their account information up-to-date. Accounts registered by bots or automated methods are not authorized and will be terminated. The Company can deny registrations and at its own discretion.
The User is responsible for maintaining the confidentiality and security of their account credentials and may not disclose their credentials to any third party. The User is responsible and liable for activities conducted through their account and must immediately notify the Company if there is any suspicion that their credentials have been lost or stolen, or their account is otherwise compromised.
If and as permitted by applicable law, the Company may, but has no obligation to (i) ask the User to provide identification or other information, (ii) undertake checks designed to help verify the User’s identity or background and (iii) screen the User against third-party databases or other sources and request reports from service providers.
Company reserves the right to limit or suspend access to the Services or delete the User's accounts (i) in case the User is in violation of these Terms, (ii) in the event of Company’s reasonable determination of the occurrence or potential for the occurrence of illegal, unlawful or fraudulent use of the Services, or attempted fraudulent activity by the User, (iii) if the Company reasonably considers, at its sole discretion, that the User is using the Services in a way that is unfit with the purpose of the Services, which is to innovate with the purpose of contributing to one of the 17 UN SDGs, or (iv) if the User is inactive for a period of more than 12 months.
4. Payment
If not explicitly agreed otherwise in the contract conclusion process, all Services by the Company are provided free of charge. When opting for paid Services, User shall pay the indicated price at the end of the purchase, via one of the payment methods made available by the Company.
Except where prohibited by law, all fees are non-refundable.
5. Rights & Obligations of Company
The Company will provide the User with the Services as agreed in the Agreement.
The Company:
· makes the Services available to the User and uses reasonable care and skill in the performance of the Services and in keeping the Services free from viruses and other malicious software programs;
· regularly carries out maintenance or improvements to the Services and its infrastructure, but does not guarantee that the Services will function without any interruption or disruption. The User acknowledges that this may result in temporary delays and interruptions from time to time. Where reasonably possible, the Company will inform the User about potential interruptions in advance;
· is permitted to delete inappropriate or unlawful User Content, as well as User Content reasonably considered unfit for the purpose of the Services, which is to innovate with the purpose of contributing to one of the 17 UN SDGs, at the Company's sole discretion;
· is permitted and possibly required by law to suspend access to the Services or the User's account based upon reasonable determination of the occurrence or potential for the occurrence of illegal or wrongful activity, fraudulent use, or attempted fraudulent activity. In case of a suspension, the User remains liable for all charges and fees incurred during the suspension period.
The Company may amend the Terms, from time to time at its sole discretion by publishing an updated version of the Terms on the Company's websites. Where possible, the Company will electronically notify the User of any material changes to the Terms at least 14 days before such changes apply to the User. The User should check the Terms regularly and only use the Services upon acceptance of the changes to the Terms. The User's continued use of the Services following any amendments indicates acceptance of the changes to the Terms.
The Company constantly develops and improves its Services and may modify or either temporarily or permanently stop providing the offered Services or any part of it at its sole discretion. In case of material changes to the Services, i.e., changes significantly altering the nature and scope of the Services provided to the User according to the Agreement, the Company will notify the Users that are directly affected by such changes, and where reasonably possible.
If the User disagrees with the material change to the Services or Terms (including changes of the respective fees), the User may terminate the Agreement within 1 month from the Company's notice where applicable, otherwise from the publication of the respective change. Such termination is effective from the date the changes take effect or the delivery date of the termination notice if delivery occurred after the changes took effect.
The Company reserves a right to ask the User to provide feedback through forms, questionnaires, and polls in order to improve their Services ("Feedback"). The Company may use, or not use, any such Feedback, without any obligation, whether financial or otherwise, to the User. The User assigns all rights (including but not limited to intellectual property rights), title, and interest in the Feedback to the Company and acknowledges it has no claim in relation to the Feedback.
6. Rights & Obligations of User
The User agrees to use the Services in compliance with the Agreement and all legal and moral obligations applicable in the territory where they are located.
The User is obliged to cooperate in the performance of this Agreement to the necessary extent free of charge. The User is obliged to provide the Company with all necessary information, documents, materials, access, software, data, as well as competent staff, and anything else reasonably required for the provision of Services. Furthermore, the User is obliged to inform the Company immediately if errors or faults occur and to support the Company in the analysis and, if necessary, in the elimination of errors and faults to the extent required.
If the provision of Services under this Agreement is delayed due to the User's failure to comply with his duty to cooperate or due to other circumstances for which the User is responsible, the User shall bear the disadvantages and additional costs incurred.
The User must immediately inform the Company of all circumstances within its sphere that might endanger or may be relevant to providing the Services and all misuses or suspicions of misuse of the Services.
The User may not:
· circumvent or attempt to circumvent any security protection of the Services;
· use the Services in unlawful or fraudulent ways or for any unlawful or fraudulent purpose or effect;
· access the Services via any automated system or take any action that may impose an unreasonable load on the Company's infrastructure;
· bypass the measures that the Company may use to prevent or restrict access to or use of the Services;
· publish unlawful or otherwise harmful User Content that is against Company’s permitted use policy (if any).
Except with the Company's prior written permission, the User agrees not to:
· try to decompile or reverse engineer the Services or any part of it, or derive the source code;
· copy, modify, distribute, reproduce, translate, disassemble, or use in any other way any information, text, graphics, images, or software obtained from the Services, or any other part of the Services;
· create derivative works based on the whole or any part of the Services or any content available on the Services.
The User agrees not to use or exploit the Services, any part of it, or any content contained there in any data mining or any other similar activity.
7. Term & Termination
The Agreement between the parties remains in full force and effect until its termination by either party. The User can terminate the Agreement at any time by deleting the account. To the extent possible in accordance with this Agreement, the Company can terminate the Agreement at any time by deleting the User account.
Either party may terminate the Agreement at any time with immediate effect if the other party is in material breach of the Agreement, by notices in text form sent to support@inspired.ch.
Termination does not affect any rights, obligations, or liabilities of either party that have accrued before or are intended to stay effective beyond termination.
8. Intellectual Property
Except as mentioned explicitly below, each party retains all rights, titles, and interests to its own intellectual property, including all copyrights, inventions, trademarks, designs, domain names, know-how, trade secrets, data and other intangible property rights ("Intellectual Property Rights"). All Intellectual Property Rights in the Services or any part of it remain vested in the Company.
Company grants the User a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Services in accordance with the Agreement.
The User grants to Company:
· limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access, use and publish the User Content as necessary for the provision of the Services and in accordance with the Agreement;
· unlimited and non-revocable right to access and use the data generated on the Services for the purpose of improving the Services.
The Services may contain open-source components. Such components are subject to the respective license.
9. Confidentiality & Privacy
The Company treats the confidential information of the User with adequate confidentiality standards and processes the User’s personal information only as needed.
Company collects and processes personal data as described in its Privacy Policy, which can be viewed here. Company protects the collected personal data by means of appropriate technical and organisational measures and in accordance with the data protection legislation applicable in Switzerland and the European Union.
The User authorizes the Company to use, process, and store relevant data for the performance of the Agreement and to use anonymized data to improve the Services or for analysis purposes.
10. Liability & Indemnity
The Company is fully liable to the User for damages resulting from the Company's gross negligence or wilful misconduct. In all other cases and to the extent permitted by applicable law the Company's liability is excluded. The Company will in particular, but without limitation, not be held liable for inaccuracy or incompleteness of the Services, or the incompatibility of the Services with any specific objectives that the User is hoping to achieve.
The User agrees to fully indemnify the Company from and against any liabilities, costs, demands, causes of action, damages and expenses arising in any way related to the Customer’s material breach of any of the provisions of this Agreement.
The Company does not assume liability for its inability to fulfil its obligations under this Agreement in the event of force majeure e.g. natural disasters, wars, pandemics, epidemics, strikes, international trade disruptions, transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control.
11. Warranties & Representations
The User acknowledges that the Services are provided "as is" and "as available", and the Company makes no other warranties or representations of any kind related to the Services or the information and materials contained therein or the ability for the Services to be compatible with any specific objectives that the User is hoping to achieve. The Company makes the Services available to the User and uses reasonable care and skill in the performance of the Services.
Company does not guarantee that the Services are error-free and will function without any interruption or disruption. Company may, at its own discretion, carry out maintenance or improvements to the Services and its infrastructure, and the User acknowledges that this may result in temporary delays and interruptions from time to time. Where reasonably possible, Company will inform the User about potential interruptions in advance. Any further warranty is excluded
Company does not exercise control over the quality or legality of the User Content published on the Services. To the fullest extent permitted by law, the User shall defend, indemnify, and hold the Company harmless from against any and all claims resulting from allegations of infringement of third-party’s Intellectual Property Rights due to User’s Content published on the Services.
12. Marketing & Communication
The User entitles the Company to use the User’s name, logo, brief description of the services provided, and the User Content for advertising and marketing purposes on Company’s websites, social media channels, or for creation of other marketing/advertising or investment materials. Any other use requires the prior consent of the respective User. The consent should not be unreasonably withheld or withdrawn.
By agreeing to receive Company’s newsletter and other marketing communication, the User agrees that the Company may contact them and inform them about updates on the Services and new products from time to time. The User can at any time unsubscribe from the contact list by sending an email to info@inspired.ch.
The User may agree to receive in-App push notifications, which may include important updates, offers, and other relevant information from the Company. The User can manage notification preferences in the App or in the Platform.
13. Miscellaneous
Entire agreement:The Agreement constitutes the entire agreement between the Company and the User, and supersedes all prior agreements between the parties relating to the subject matter of the Agreement.
Notices: Notices must be given in writing, including e-mail, and need to be communicated:
· To company attention: via email to: support@inspired.ch;
· To user's attention: by publishing on the Services or where explicitly agreed between the Parties via email to the last e-mail address provided for this purpose by the User. It is the User's responsibility to keep provided contact information current.
No Assignment: The User may not assign any of its rights, obligations, or claims under the Agreement without the previous consent of the Company.
Severability: If any provision of the Agreement (in whole or part) is held to be illegal, invalid, or otherwise unenforceable, the other provisions will remain in full force and effect.
Language: In case of discrepancy between the English version of these Terms and any translated version, the English version prevails.
Governing Law and Jurisdiction: These Terms, and all claims or causes of action that may be based upon, arise out of or relate to these Terms shall be governed by and construed in accordance with the substantive laws of Switzerland, excluding its conflict of law provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG). To the maximum extent permitted under applicable law, the ordinary court at the seat of the Company has jurisdiction for all disputes arising from or in connection with the Terms.
Links: The Services may contain third-party content or links to third-party websites. The Company does not assume any responsibility for and does not make any warranties or representations as to any third-party content or websites, including but not limited to the accuracy, subject matter, quality, or timeliness.