The following describes the Terms of Services (“Terms”) while you (“Customer”) are using our Product (“Service”), which is owned by Parashift AG (“Parashift”, ”Provider”). By entering the contract, you are bound to these terms. “You” refers to the entity you represent in accepting these Terms or, if that does not apply, you individually. Furthermore, you have to provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of our agreement.
1. Rights of Use
Parashift grants the customer the non-exclusive and non-transferable right to use our services as intended for the duration of the contract.
The customer shall not be entitled to make the service available to third parties for use against payment or free of charge. Any form of making the service available to third parties is expressly prohibited.
The customer is obliged to formulate any contractual relationships with third parties in such a way as to effectively prevent third parties from using the service free of charge.
The provider undertakes to maintain secrecy, with respect to all confidential processes, in particular business secrets or trade secrets of the customer, which come to its knowledge in the course of the preparation, execution and performance of this contract.
Business or company secrets of the customer will be kept secret and will not be passed on to third parties without the consent of the customer. The customer authorizes the provider to publicize the name of the customer as a reference for marketing and sales purposes
We implement security procedures designed to help protect your data from security attacks.
4. Salvatorian Clause
In the case of the total or partial invalidity of individual clauses of the present contract, invalid or unenforceable provisions shall be reinterpreted, supplemented or amended as necessary in a way that the economic purpose pursued by the invalid condition is achieved. The same shall apply in the event of loopholes in this contract.
The provider warrants that his services are functional and ready for operation in accordance with the legal provisions of these contract.
The customer undertakes to indemnify the provider against all claims of third parties based on the stored data and to reimburse the provider for all costs incurred, which may arise due to possible infringements of rights.
The provider is entitled to immediately block the storage space if the justified suspicion exists that the stored data is unlawful and/or rights of third parties are infringed. A well-founded suspicion of an unlawfulness and/or a violation of rights is deemed to have occurred, if courts, public authorities and/or third parties have informed the provider thereof. The provider has to inform the customer of the removal and the reason for it immediately. The ban must be dissolved, as soon as the suspicion is completely invalidated.
Within the scope of the statutory provisions, the provider shall exclude any liability for to the customer (or to any third party) in particular for the fulfilment of its obligations under the contractual and extra-contractual obligations and for data loss, and loss of profits (including for negligence). This exclusion of liability also applies for the damage caused directly or indirectly by the use of our services.
The mutual liability of the parties, irrespective of the basis of liability, shall in all cases be limited to the amount of the monthly service fees for the least twelve months before the occurrence of the damage.
We reserve the right to modify or replace these terms at any time. If a revision has occurred, we will try to provide at least 30 days notice prior to any new terms taking effect.
7. Support & Customer Service
The provider will reply to customer’s question about our service as soon as possible by phone or e-mail.
8. Place of Jurisdiction
The parties agree with regard to all legal relationships arising from this contract to the application of the law of the Swiss Confederation. For all disputes arising within the framework of the execution of this contractual relationship, Liestal BL (Switzerland) is agreed as the exclusive place of jurisdiction.