Terms and conditions Pryv Lab

Disclaimer

Pryv Lab (pryv.me) is a demo and sandbox environment, provided on an “AS IS” and an “AS AVAILABLE” basis.

Please note that no backup, monitoring or availability guarantee is provided and should not be expected when using pryv.me.
Pryv SA is not obligated to provide any maintenance, technical or other support for the Pryv.me environment.

All data stored using pryv.me could be wiped out, or the system be taken down, without prior notice. As such, you should refrain from storing critical data using pryv.me or consider it as your main source of data storage.

As a user of pryv.me, you are responsible for backing up, to your own computer or other device, any data that you may have stored on pryv.me. Any activities performed while using pryv.me should be at your own risk.

These terms and conditions (“Terms”) describe the terms on which Pryv SA, EPFL Innovation Park (“We” or “Pryv”) offers its Pryv Lab users (“You” or the “User”) an access to, and use of, any of its Pryv Lab sandbox environment tools  (“pryv.me”), including but not limited to the Pryv website (“Pryv Website”), the pryv.me browser, the pryv.me mobile application.

The Terms do not apply to services provided by third parties, including when said services are provided as part of, or are integrated in, the Pryv Lab.

The Pryv Lab is made available subject to Your full compliance with the Terms.

1. Acceptance of the Terms

By registering for Pryv’s Lab, You become a registered user (“Registered User”), You agree to be bound by these Terms. If You do not agree, please refrain from using the Pryv Lab.

Pryv SA reserves the right to make any changes to the Terms and/or the Privacy Policy accessible at http://pryv.com/privacy/ (the “Privacy Policy”). In case of modification of the Terms and Conditions, the new Terms and Conditions will be available on the Website. The user has the right to accept or decline the changes. If the user declines the changes he will have the possibility to backup and export his data, his account will be deleted. Without any actions from the user within 30 days, the Terms and Conditions will be considered as accepted.

2. Registered Users

The use of the Pryv Lab may be limited to Registered Users. To become a Registered User, you need to create a User Account. By registering, You represent and warrant the following:

a. You are eighteen (18) years old or of legal age in Your country of residence if such age exceeds eighteen (18);

b. The information You provided as part of the registration process is accurate and not misleading and will be kept updated;

c. You are entitled to access and use the Pryv Lab according to any laws and/or regulations that may apply to You;

d. You may not transfer or share Your User Account with anyone; and

e. You are solely and entirely responsible for maintaining the confidentiality of Your User Account, login, password, and any of any activity that may occur through Your User account.

3. Right to Access and use the Pryv Lab

Pryv SA grants You a personal, limited, non-exclusive, non-transferable, non-assignable right to access and use the Pryv Lab for a duration of and in accordance with the Terms.

You acknowledge that Pryv may have to temporary block or limit access to, or availability of, part of all of the Pryv Lab for technical maintenance repair or support.

Pryv SA reserves the right, without prior notice, to take any measure it might find appropriate in case of a breach of the Right to access and Use the Pryv Lab or to protect the integrity and performance of its computer systems, servers and networks, in particular but not limited to a suspension or a termination of data transmission, access to, or making available of, the Pryv Lab.

4. Representations and Warranties

You represent and warrant that the Pryv Lab will not be used in violation of any law, regulation or rights of third parties.

Pryv SA does not warrant that the functions contained in the Pryv Lab to access to the Pryv Lab will be uninterrupted, error-free or that defects can be corrected, nor makes any representations regarding the use or the results of the access to the Pryv Lab in terms of correctness, accuracy, reliability, value or otherwise.

Pryv SA makes no representations that the Pryv Lab is appropriate or available for use in other locations than Switzerland. Those who access or use the Pryv Lab from other jurisdictions do so under their own responsibility and are responsible for compliance with applicable laws.

5. Disclaimer and Limitation of Liabilities

In no event shall Pryv SA be liable for any direct, indirect, incidental, punitive or special damages, including without limitation damages for loss of business profits, business interruption, loss of business information or, infringement of third party rights or loss or alteration of data arising out of Your access to, and use of, the Pryv Lab. Pryv SA shall bear no liability, except in case of fraud or gross negligence and Pryv SA shall not be responsible for the acts or omissions of its auxiliaries, including but not limited to the acts or omissions of its hosting providers, if any.

Pryv SA is not responsible for temporary limitations to, or unavailability of, the Pryv Lab, including limitations or unavailability due to technical maintenance repair or problems caused by changes in, or modifications to, the operating characteristics of any computer hardware, operating system or browser application through which the Pryv Lab is accessible, nor is Pryv SA responsible for problems which result from the access to, and use of, the Pryv Lab (including the hosting of data) in conjunction with software of third parties or with hardware which is incompatible with the operating system or the technical specifications of the Pryv Lab.

Any legal proceeding based on or in connection with the Pryv Lab must be instituted within 3 (three) months of the date the cause of action first accrued.

If You access and use the Pryv Lab, You do so at Your sole risk. You acknowledge and agree that the PryvLab is provided on an “as is” and “as available” basis. We expressly disclaim, and You waive, all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose and non-infringement

6. Indemnification

You will indemnify and hold harmless any award of costs and damages brought against Pryv SA to the extent that it is (i) based on a claim regarding the configuration or use of the Pryv Lab; (ii) based on a claim regarding modification, translation, customization or localization of the Pryv Lab; (iii) based on a claim regarding a damage allegedly suffered as a result or in connection with the access to, or use of, the Pryv Lab in accordance with the Terms; or (iv) based on a claim regarding the infringement of rights of third parties in connection with the use of the Pryv Lab by You.

7. Intellectual property & third party rights

You agree not to use the Pryv Lab to store, transmit, publish or otherwise make use of content of any sort that infringes or violates third party rights or otherwise violates applicable laws. Pryv SA reserves the right to remove any content stored, transmitted, published or that otherwise makes use of the Pryv Lab that Pryv  SA estimates in its sole discretion and without prior warning may infringe or violate third party rights or otherwise violate applicable laws. Pryv SA will not assume any responsibility or liability in this regard.

You agree not to use the Pryv Lab to store, transmit, publish or otherwise make use of content of any sort that includes information belonging to, or displaying information relating to third parties without ensuring that you either (i) have been duly licensed or otherwise authorized to make the intended use of the content; or (ii) have obtained said third parties’ consent.

8. Privacy

Our Privacy Policy explains how Pryv SA collects, processes, uses and discloses Personal Data related to You to provide the Pryv Lab Personal Data is further defined in the Privacy Policy, available at: http://pryv.com/privacy/.

9. Termination

You acknowledge and agree that Pryv SA may in its sole discretion and without liability to You, with or without cause, with or without prior notice and at any time:

a. terminate Your access to the Pryv Lab,

b. deactivate or delete Your User Account and all related information and files; and

c. bar Your access to any files or from the Pryv Lab.

Except when specifically provided for otherwise, termination of your access for any reason shall immediately terminate Your rights under these Terms (in particular but not limited to access to any content stored, transmitted, published or that otherwise makes use of the Pryv Lab), but shall not relieve You of Your obligation to make immediate and full payment to Pryv SA for any amounts then due and/or payable, without any claim to reimbursement of monies already paid.

10. Miscellaneous

The access to the Pryv Lab does not establish a partnership, joint venture, franchise, or principal and agent among the parties, and neither party shall have any authority to incur obligations or take other actions on behalf of the other party.

Pryv SA shall not be liable for delays in its performance hereunder due to causes beyond its reasonable control, including but not limited to, acts of God, acts of public enemy, general network break-downs, spread of viruses, acts of government or courts of law or equity, civil war, insurrection or riots, fires, floods, explosions, earthquakes or other casualties, strikes or other labor troubles.

If any provision of the Terms is invalid, illegal, or unenforceable, the balance of the Terms shall remain in effect, and if any provision is inapplicable to any person or circumstance, it shall nevertheless remain applicable to all other persons and circumstances.

Pryv SA cooperates with government and law enforcement officials and private parties as required by the law. We will only disclose information about, and Personal Data related to You to government or law enforcement officials or private parties if we have to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of Pryv SA, to protect the safety of the public or any person, or to prevent or stop any activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable. You will be informed of the disclosure of information about, or Personal Data related to You To the extent that Pryv is not prohibited from doing so and deems it appropriate in its sole discretion.

11. Applicable law and jurisdiction

These Terms and all matters arising out of or relating to these Terms shall be governed by the substantive laws of Switzerland, without regards to principle of conflicts of laws thereof.

Any controversy, claim or dispute between a User and Pryv SAarising out of or in relation with these Terms shall be subject to the exclusive jurisdiction to the ordinary courts of the seat of Pryv SA.