TERMS AND CONDITIONS
Last updated November 30, 2023
TABLE OF CONTENTS
- AGREEMENT TO TERMS
- INTELLECTUAL PROPERTY RIGHTS
- USER REPRESENTATIONS
- USER REGISTRATION
- FEES AND PAYMENT
- FREE TRIAL
- SUBSCRIPTIONS AND CANCELLATION
- SOFTWARE
- PROHIBITED ACTIVITIES
- USER GENERATED CONTRIBUTIONS
- CONTRIBUTION LICENSE
- GUIDELINES FOR REVIEWS
- SOCIAL MEDIA
- SUBMISSIONS
- THIRD-PARTY WEBSITES AND CONTENT
- U.S. GOVERNMENT RIGHTS
- SITE MANAGEMENT
- PRIVACY POLICY
- TERM AND TERMINATION
- MODIFICATIONS AND INTERRUPTIONS
- GOVERNING LAW
- DISPUTE RESOLUTION
- CORRECTIONS
- DISCLAIMER
- LIMITATIONS OF LIABILITY
- INDEMNIFICATION
- USER DATA
- ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
- CALIFORNIA USERS AND RESIDENTS
- MISCELLANEOUS
- CONTACT US
- AGREEMENT TO TERMS
These Terms and Conditions constitute a legally binding agreement made between
you, whether personally or on behalf of an entity (“you”) and Bite-Finder
AG (“Company”, “we”, “us”, or “our”), concerning your access to and use of the
http://www.bite-finder.com website as well as any other media form, media channel,
mobile website or mobile application related, linked, or otherwise connected thereto
(collectively, the “Site”). You agree that by accessing the Site, you have read,
understood, and agree to be bound by all of these Terms and Conditions. IF YOU DO
NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE
EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST
DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site
from time to time are hereby expressly incorporated herein by reference. We reserve
the right, in our sole discretion, to make changes or modifications to these Terms and
Conditions from time to time. We will alert you about any changes by updating the
“Last updated” date of these Terms and Conditions, and you waive any right to
receive specific notice of each such change. Please ensure that you check the
applicable Terms every time you use our Site so that you understand which Terms
apply. You will be subject to, and will be deemed to have been made aware of and to
have accepted, the changes in any revised Terms and Conditions by your continued
use of the Site after the date such revised Terms and Conditions are posted.
The information provided on the Site is not intended for distribution to or use by any
person or entity in any jurisdiction or country where such distribution or use would be
contrary to law or regulation or which would subject us to any registration
requirement within such jurisdiction or country. Accordingly, those persons who
choose to access the Site from other locations do so on their own initiative and are
solely responsible for compliance with local laws, if and to the extent local laws are
applicable.
The Site is not tailored to comply with industry-specific regulations (Health Insurance
Portability and Accountability Act (HIPAA), Federal Information Security Management
Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may
not use this Site. You may not use the Site in a way that would violate the Gramm-
Leach-Bliley Act (GLBA).
The Site is intended for users who are at least 18 years old. Persons under the age
of 18 are not permitted to use or register for the Site.
- INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code,
databases, functionality, software, website designs, audio, video, text, photographs,
and graphics on the Site (collectively, the “Content”) and the trademarks, service
marks, and logos contained therein (the “Marks”) are owned or controlled by us or
licensed to us, and are protected by copyright and trademark laws and various other
intellectual property rights and unfair competition laws of the United States,
international copyright laws, and international conventions. The Content and the
Marks are provided on the Site “AS IS” for your information and personal use only.
Except as expressly provided in these Terms and Conditions, no part of the Site and
no Content or Marks may be copied, reproduced, aggregated, republished, uploaded,
posted, publicly displayed, encoded, translated, transmitted, distributed, sold,
licensed, or otherwise exploited for any commercial purpose whatsoever, without our
express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to
access and use the Site and to download or print a copy of any portion of the Content
to which you have properly gained access solely for your personal, non-commercial
use. We reserve all rights not expressly granted to you in and to the Site, the Content
and the Marks.
- USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) all registration information you
submit will be true, accurate, current, and complete; (2) you will maintain the
accuracy of such information and promptly update such registration information as
necessary; (3) you have the legal capacity and you agree to comply with these Terms
and Conditions; (4) you are not a minor in the jurisdiction in which you reside; (5) you
will not access the Site through automated or non-human means, whether through a
bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized
purpose; and (7) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete,
we have the right to suspend or terminate your account and refuse any and all
current or future use of the Site (or any portion thereof).
- USER REGISTRATION
You may be required to register with the Site. You agree to keep your password
confidential and will be responsible for all use of your account and password. We
reserve the right to remove, reclaim, or change a username you select if we
determine, in our sole discretion, that such username is inappropriate, obscene, or
otherwise objectionable.
- FEES AND PAYMENT
We accept the following forms of payment:
– Visa
– Mastercard
– PayPal
You may be required to purchase or pay a fee to access some of our services. You
agree to provide current, complete, and accurate purchase and account information
for all purchases made via the Site. You further agree to promptly update account
and payment information, including email address, payment method, and payment
card expiration date, so that we can complete your transactions and contact you as
needed. We bill you through an online billing account for purchases made via the
Site. Sales tax will be added to the price of purchases as deemed required by us. We
may change prices at any time. All payments shall be in U.S. dollars, Euro or CHF.
You agree to pay all charges or fees at the prices then in effect for your purchases,
and you authorize us to charge your chosen payment provider for any such amounts
upon making your purchase. If your purchase is subject to recurring charges, then
you consent to our charging your payment method on a recurring basis without
requiring your prior approval for each recurring charge, until you notify us of your
cancellation.
We reserve the right to correct any errors or mistakes in pricing, even if we have
already requested or received payment. We also reserve the right to refuse any order
placed through the Site.
- FREE TRIAL
We might offer a free trial to new users who register with the Site. Details may vary and will be displayed during or after the registration process. The account will be charged according to the user’s chosen subscription at the end of the free trial.
- CREDITS, SUBSCRIPTIONS AND CANCELLATION
Using the Software will be on a usage based model. Every time the software is used, and a case result is computed, you will need one credit. If you reuse the exact same model, without any modification other than translation, you won’t be charged again.Â
Currently credits can be bought in prepaid credit bundles and we offer the following subscriptions (please always check the pricing page www.bite-finder.com/pricing for reference).
Credits will be granted at the beginning of each month. Credits will not be added on to the next month. Additional credits can be purchased as a prepaid credit bundle or will be charged on your subscription based usage price.Â
Individual Subscriptions (i.e. Enterprise Solutions) or Add-ons will be accompanied by a specific SLA.Â
All purchases are non-refundable. You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term.
If you are unsatisfied with our services, please email us at info@bite-finder.com.
- SOFTWARE
We may include software for use in connection with our services. If such software is
accompanied by an end user license agreement (“EULA”), the terms of the EULA will
govern your use of the software. If such software is not accompanied by a EULA,
then we grant to you a non-exclusive, revocable, personal, and non-transferable
license to use such software solely in connection with our services and in accordance
with these Terms and Conditions. Any Software and any related documentation is
provided “as is” without warranty of any kind, either express or implied, including,
without limitation, the implied warranties of merchantability, fitness for a particular
purpose, or non-infringement. You accept any and all risk arising out of use or
performance of any Software. You may not reproduce or redistribute any software
except in accordance with the EULA or these Terms and Conditions.
General Workflow:
A) Installation: A Desktop Application can be downloaded from the user dashboard.
After completing the installer you are asked for a license key which is displayed in your dashboard
and is used for your authentication.
B) Server Connection: When you put in the upper and lower jaw and press Run Bite-Finder, the two files (stl/ply/obj)
will be sent to our servers (hosted by AWS Amazon Web Services – Germany, Frankfurt) accompanied by a project file (json).Â
This project file contains the settings you chose and the file name as this is used in the scan2print feature to label the models.
After computation, based on chosen features, the results will be sent back to the client for professional evaluation and further usage (Rerun or export).
We encourage you to use anonymous file names (i.e. 123_upperjaw.stl). You can also change the file name in the software or before import.Â
Either way we only process and store the data on our servers and don’t share or sell it. Settings values, file types, file topology and similarÂ
non-patient related information can be used to optimize our services and further improve results.Â
Further compliance settings are available upon request for enterprise customers. Please contact us at info@bite-finder.com
Â
- PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we
make the Site available. The Site may not be used in connection with any commercial
endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
Systematically retrieve data or other content from the Site to create or compile,
directly or indirectly, a collection, compilation, database, or directory without
written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn
sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the
Site, including features that prevent or restrict the use or copying of any
Content or enforce limitations on the use of the Site and/or the Content
contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
Use any information obtained from the Site in order to harass, abuse, or harm
another person.
Make improper use of our support services or submit false reports of abuse or
misconduct.
Use the Site in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Site.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses,
or other material, including excessive use of capital letters and spamming
(continuous posting of repetitive text), that interferes with any party’s
uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts,
alters, or interferes with the use, features, functions, operation, or maintenance
of the Site.
Engage in any automated use of the system, such as using scripts to send
comments or messages, or using any data mining, robots, or similar data
gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of
another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts
as a passive or active information collection or transmission mechanism,
including without limitation, clear graphics interchange formats (“gifs”), 1×1
pixels, web bugs, cookies, or other similar devices (sometimes referred to as
“spyware” or “passive collection mechanisms” or “pcms”).
Interfere with, disrupt, or create an undue burden on the Site or the networks
or services connected to the Site.
Harass, annoy, intimidate, or threaten any of our employees or agents
engaged in providing any portion of the Site to you.
Attempt to bypass any measures of the Site designed to prevent or restrict
access to the Site, or any portion of the Site.
Copy or adapt the Site’s software, including but not limited to Flash, PHP,
HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or
reverse engineer any of the software comprising or in any way making up a
part of the Site.
Except as may be the result of standard search engine or Internet browser
usage, use, launch, develop, or distribute any automated system, including
without limitation, any spider, robot, cheat utility, scraper, or offline reader that
accesses the Site, or using or launching any unauthorized script or other
software.
Use a buying agent or purchasing agent to make purchases on the Site.
Make any unauthorized use of the Site, including collecting usernames and/or
email addresses of users by electronic or other means for the purpose of
sending unsolicited email, or creating user accounts by automated means or
under false pretenses.
Use the Site as part of any effort to compete with us or otherwise use the Site
and/or the Content for any revenue-generating endeavor or commercial
enterprise.
Use the Site to advertise or offer to sell goods and services.
Share License keys or resell Credits.
- USER GENERATED CONTRIBUTIONS
The Site does not offer users to submit or post content. We may provide you with the
opportunity to create, submit, post, display, transmit, perform, publish, distribute, or
broadcast content and materials to us or on the Site, including but not limited to text,
writings, video, audio, photographs, graphics, comments, suggestions, or personal
information or other material (collectively, “Contributions”). Contributions may be
viewable by other users of the Site and through third-party websites. As such, any
Contributions you transmit may be treated in accordance with the Site Privacy Policy.
When you create or make available any Contributions, you thereby represent and
warrant that:
The creation, distribution, transmission, public display, or performance, and the
accessing, downloading, or copying of your Contributions do not and will not
infringe the proprietary rights, including but not limited to the copyright, patent,
trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights,
consents, releases, and permissions to use and to authorize us, the Site, and
other users of the Site to use your Contributions in any manner contemplated
by the Site and these Terms and Conditions.
You have the written consent, release, and/or permission of each and every
identifiable individual person in your Contributions to use the name or likeness
of each and every such identifiable individual person to enable inclusion and
use of your Contributions in any manner contemplated by the Site and these
Terms and Conditions.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional
materials, pyramid schemes, chain letters, spam, mass mailings, or other
forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing,
libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse
anyone.
Your Contributions are not used to harass or threaten (in the legal sense of
those terms) any other person and to promote violence against a specific
person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third
party.
Your Contributions do not violate any applicable law concerning child
pornography, or otherwise intended to protect the health or well-being of
minors.
Your Contributions do not include any offensive comments that are connected
to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any
provision of these Terms and Conditions, or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates these Terms and Conditions
and may result in, among other things, termination or suspension of your rights to
use the Site.
- CONTRIBUTION LICENSE
You and the Site agree that we may access, store, process, and use any information
and personal data that you provide following the terms of the Privacy Policy and your
choices (including settings).
By submitting suggestions or other feedback regarding the Site, you agree that we
can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of
all of your Contributions and any intellectual property rights or other proprietary rights
associated with your Contributions. We are not liable for any statements or
representations in your Contributions provided by you in any area on the Site. You
are solely responsible for your Contributions to the Site and you expressly agree to
exonerate us from any and all responsibility and to refrain from any legal action
against us regarding your Contributions.
- GUIDELINES FOR REVIEWS
We may provide you areas on the Site to leave reviews or ratings. When posting a
review, you must comply with the following criteria: (1) you should have firsthand
experience with the person/entity being reviewed; (2) your reviews should not contain
offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews
should not contain discriminatory references based on religion, race, gender, national
origin, age, marital status, sexual orientation, or disability; (4) your reviews should not
contain references to illegal activity; (5) you should not be affiliated with competitors if
posting negative reviews; (6) you should not make any conclusions as to the legality
of conduct; (7) you may not post any false or misleading statements; and (8) you may
not organize a campaign encouraging others to post reviews, whether positive or
negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely
no obligation to screen reviews or to delete reviews, even if anyone considers
reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not
necessarily represent our opinions or the views of any of our affiliates or partners. We
do not assume liability for any review or for any claims, liabilities, or losses resulting
from any review. By posting a review, you hereby grant to us a perpetual, non-
exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and
license to reproduce, modify, translate, transmit by any means, display, perform,
and/or distribute all content relating to reviews.
- SOCIAL MEDIA
As part of the functionality of the Site, you may link your account with online accounts
you have with third-party service providers (each such account, a “Third-Party
Account”) by either: (1) providing your Third-Party Account login information through
the Site; or (2) allowing us to access your Third-Party Account, as is permitted under
the applicable terms and conditions that govern your use of each Third-Party
Account. You represent and warrant that you are entitled to disclose your Third-Party
Account login information to us and/or grant us access to your Third-Party Account,
without breach by you of any of the terms and conditions that govern your use of the
applicable Third-Party Account, and without obligating us to pay any fees or making
us subject to any usage limitations imposed by the third-party service provider of the
Third-Party Account. By granting us access to any Third-Party Accounts, you
understand that (1) we may access, make available, and store (if applicable) any
content that you have provided to and stored in your Third-Party Account (the “Social
Network Content”) so that it is available on and through the Site via your account,
including without limitation any friend lists and (2) we may submit to and receive from
your Third-Party Account additional information to the extent you are notified when
you link your account with the Third-Party Account. Depending on the Third-Party
Accounts you choose and subject to the privacy settings that you have set in such
Third-Party Accounts, personally identifiable information that you post to your Third-
Party Accounts may be available on and through your account on the Site. Please
note that if a Third-Party Account or associated service becomes unavailable or our
access to such Third-Party Account is terminated by the third-party service provider,
then Social Network Content may no longer be available on and through the Site.
You will have the ability to disable the connection between your account on the Site
and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR
RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED
WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR
AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no
effort to review any Social Network Content for any purpose, including but not limited
to, for accuracy, legality, or non-infringement, and we are not responsible for any
Social Network Content. You acknowledge and agree that we may access your email
address book associated with a Third-Party Account and your contacts list stored on
your mobile device or tablet computer solely for purposes of identifying and informing
you of those contacts who have also registered to use the Site. You can deactivate
the connection between the Site and your Third-Party Account by contacting us using
the contact information below or through your account settings (if applicable). We will
attempt to delete any information stored on our servers that was obtained through
such Third-Party Account, except the username and profile picture that become
associated with your account.
- SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas,
feedback, or other information regarding the Site (“Submissions”) provided by you to
us are non-confidential and shall become our sole property. We shall own exclusive
rights, including all intellectual property rights, and shall be entitled to the unrestricted
use and dissemination of these Submissions for any lawful purpose, commercial or
otherwise, without acknowledgment or compensation to you. You hereby waive all
moral rights to any such Submissions, and you hereby warrant that any such
Submissions are original with you or that you have the right to submit such
Submissions. You agree there shall be no recourse against us for any alleged or
actual infringement or misappropriation of any proprietary right in your Submissions.
- THIRD-PARTY WEBSITES AND CONTENT
The Site may contain (or you may be sent via the Site) links to other websites (“Third-
Party Websites”) as well as articles, photographs, text, graphics, pictures, designs,
music, sound, video, information, applications, software, and other content or items
belonging to or originating from third parties (“Third-Party Content”). Such Third-Party
Websites and Third-Party Content are not investigated, monitored, or checked for
accuracy, appropriateness, or completeness by us, and we are not responsible for
any Third-Party Websites accessed through the Site or any Third-Party Content
posted on, available through, or installed from the Site, including the content,
accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or
contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking
to, or permitting the use or installation of any Third-Party Websites or any Third-Party
Content does not imply approval or endorsement thereof by us. If you decide to leave
the Site and access the Third-Party Websites or to use or install any Third-Party
Content, you do so at your own risk, and you should be aware these Terms and
Conditions no longer govern. You should review the applicable terms and policies,
including privacy and data gathering practices, of any website to which you navigate
from the Site or relating to any applications you use or install from the Site. Any
purchases you make through Third-Party Websites will be through other websites
and from other companies, and we take no responsibility whatsoever in relation to
such purchases which are exclusively between you and the applicable third party.
You agree and acknowledge that we do not endorse the products or services offered
on Third-Party Websites and you shall hold us harmless from any harm caused by
your purchase of such products or services. Additionally, you shall hold us harmless
from any losses sustained by you or harm caused to you relating to or resulting in
any way from any Third-Party Content or any contact with Third-Party Websites.
- U.S. GOVERNMENT RIGHTS
Our services are “commercial items” as defined in Federal Acquisition Regulation
(“FAR”) 2.101. If our services are acquired by or on behalf of any agency not within
the Department of Defense (“DOD”), our services are subject to the terms of these
Terms and Conditions in accordance with FAR 12.212 (for computer software) and
FAR 12.211 (for technical data). If our services are acquired by or on behalf of any
agency within the Department of Defense, our services are subject to the terms of
these Terms and Conditions in accordance with Defense Federal Acquisition
Regulation (“DFARS”) 227.7202-3. In addition, DFARS 252.227-7015 applies to
technical data acquired by the DOD. This U.S. Government Rights clause is in lieu of,
and supersedes, any other FAR, DFARS, or other clause or provision that addresses
government rights in computer software or technical data under these Terms and
Conditions.
- SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of
these Terms and Conditions; (2) take appropriate legal action against anyone who, in
our sole discretion, violates the law or these Terms and Conditions, including without
limitation, reporting such user to law enforcement authorities; (3) in our sole
discretion and without limitation, refuse, restrict access to, limit the availability of, or
disable (to the extent technologically feasible) any of your Contributions or any
portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to
remove from the Site or otherwise disable all files and content that are excessive in
size or are in any way burdensome to our systems; and (5) otherwise manage the
Site in a manner designed to protect our rights and property and to facilitate the
proper functioning of the Site.
- PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy:
http://www.bite-finder.com/privacypolicy. By using the Site, you agree to be
bound by our Privacy Policy, which is incorporated into these Terms and Conditions.
Please be advised the Site is hosted in Germany. If you access the Site from any
other region of the world with laws or other requirements governing personal data
collection, use, or disclosure that differ from applicable laws in Germany, then
through your continued use of the Site, you are transferring your data to Germany,
and you agree to have your data transferred to and processed in Germany.
- TERM AND TERMINATION
These Terms and Conditions shall remain in full force and effect while you use the
Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND
CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND
WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE
(INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY
REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR
BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED
IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR
REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE
SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION
THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from
registering and creating a new account under your name, a fake or borrowed name,
or the name of any third party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we reserve the right to take
appropriate legal action, including without limitation pursuing civil, criminal, and
injunctive redress.
- MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any
time or for any reason at our sole discretion without notice. However, we have no
obligation to update any information on our Site. We also reserve the right to modify
or discontinue all or part of the Site without notice at any time. We will not be liable to
you or any third party for any modification, price change, suspension, or
discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience
hardware, software, or other problems or need to perform maintenance related to the
Site, resulting in interruptions, delays, or errors. We reserve the right to change,
revise, update, suspend, discontinue, or otherwise modify the Site at any time or for
any reason without notice to you. You agree that we have no liability whatsoever for
any loss, damage, or inconvenience caused by your inability to access or use the
Site during any downtime or discontinuance of the Site. Nothing in these Terms and
Conditions will be construed to obligate us to maintain and support the Site or to
supply any corrections, updates, or releases in connection therewith.
- GOVERNING LAW
These conditions are governed by and interpreted following the laws of Switzerland,
and the use of the United Nations Convention of Contracts for the International Sale
of Goods is expressly excluded. If your habitual residence is in the EU, and you are a
consumer, you additionally possess the protection provided to you by obligatory
provisions of the law of your country of residence. Bite-Finder AG and yourself both
agree to submit to the non-exclusive jurisdiction of the courts of Basel, which means
that you may make a claim to defend your consumer protection rights in regards to
these Conditions of Use in Switzerland, or in the EU country in which you reside.
- DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim
related to these Terms and Conditions (each “Dispute” and collectively, the
“Disputes”) brought by either you or us (individually, a “Party” and collectively, the
“Parties”), the Parties agree to first attempt to negotiate any Dispute (except those
Disputes expressly provided below) informally for at least thirty (30) days before
initiating arbitration. Such informal negotiations commence upon written notice from
one Party to the other Party.
Binding Arbitration
Any dispute arising from the relationships between the Parties to this contract shall
be determined by one arbitrator who will be chosen in accordance with the Arbitration
and Internal Rules of the European Court of Arbitration being part of the European
Centre of Arbitration having its seat in Strasbourg, and which are in force at the time
the application for arbitration is filed, and of which adoption of this clause constitutes
acceptance. The seat of arbitration shall be Basel, Switzerland. The language of the
proceedings shall be English. Applicable rules of substantive law shall be the law of
Switzerland.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the
Parties individually. To the full extent permitted by law, (a) no arbitration shall be
joined with any other proceeding; (b) there is no right or authority for any Dispute to
be arbitrated on a class-action basis or to utilize class action procedures; and (c)
there is no right or authority for any Dispute to be brought in a purported
representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions
concerning informal negotiations and binding arbitration: (a) any Disputes seeking to
enforce or protect, or concerning the validity of, any of the intellectual property rights
of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy,
invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this
provision is found to be illegal or unenforceable, then neither Party will elect to
arbitrate any Dispute falling within that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court of competent jurisdiction
within the courts listed for jurisdiction above, and the Parties agree to submit to the
personal jurisdiction of that court.
- CORRECTIONS
There may be information on the Site that contains typographical errors,
inaccuracies, or omissions, including descriptions, pricing, availability, and various
other information. We reserve the right to correct any errors, inaccuracies, or
omissions and to change or update the information on the Site at any time, without
prior notice.
- DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE
THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE
RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND
YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE
SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE
AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1)
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR
ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE
SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY
CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT
WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY
PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY
THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR
MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING,
AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR
MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A
PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT,
YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
- LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE
DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR
OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,
OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS
OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE
LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6)
MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $100.00 USD.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION
OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF
THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND
YOU MAY HAVE ADDITIONAL RIGHTS.
- INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and employees, from
and against any loss, damage, liability, claim, or demand, including reasonable
attorneys’ fees and expenses, made by any third party due to or arising out of: (1)
use of the Site; (2) breach of these Terms and Conditions; (3) any breach of your
representations and warranties set forth in these Terms and Conditions; (4) your
violation of the rights of a third party, including but not limited to intellectual property
rights; or (5) any overt harmful act toward any other user of the Site with whom you
connected via the Site. Notwithstanding the foregoing, we reserve the right, at your
expense, to assume the exclusive defense and control of any matter for which you
are required to indemnify us, and you agree to cooperate, at your expense, with our
defense of such claims. We will use reasonable efforts to notify you of any such
claim, action, or proceeding which is subject to this indemnification upon becoming
aware of it.
- USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the
Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
- ELECTRONIC COMMUNICATIONS, TRANSACTIONS,
AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic
communications. You consent to receive electronic communications, and you agree
that all agreements, notices, disclosures, and other communications we provide to
you electronically, via email and on the Site, satisfy any legal requirement that such
communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC
SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO
ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF
TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You
hereby waive any rights or requirements under any statutes, regulations, rules,
ordinances, or other laws in any jurisdiction which require an original signature or
delivery or retention of non-electronic records, or to payments or the granting of
credits by any means other than electronic means.
- CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California Department of
Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento,
California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
- MISCELLANEOUS
These Terms and Conditions and any policies or operating rules posted by us on the
Site or in respect to the Site constitute the entire agreement and understanding
between you and us. Our failure to exercise or enforce any right or provision of these
Terms and Conditions shall not operate as a waiver of such right or provision. These
Terms and Conditions operate to the fullest extent permissible by law. We may assign
any or all of our rights and obligations to others at any time. We shall not be
responsible or liable for any loss, damage, delay, or failure to act caused by any
cause beyond our reasonable control. If any provision or part of a provision of these
Terms and Conditions is determined to be unlawful, void, or unenforceable, that
provision or part of the provision is deemed severable from these Terms and
Conditions and does not affect the validity and enforceability of any remaining
provisions. There is no joint venture, partnership, employment or agency relationship
created between you and us as a result of these Terms and Conditions or use of the
Site. You agree that these Terms and Conditions will not be construed against us by
virtue of having drafted them. You hereby waive any and all defenses you may have
based on the electronic form of these Terms and Conditions and the lack of signing
by the parties hereto to execute these Terms and Conditions.
- CONTACT US
In order to resolve a complaint regarding the Site or to receive further information
regarding use of the Site, please contact us at:
Bite-Finder AG
Poststrasse 13
4410 Liestal (Basel)
Switzerland