Eleverse Labs – Terms and Conditions

If you use this service, you agree to the following terms and conditions of Eleverse Labs AG (the „Service Provider“) and are bound by them.

Customer Care:
Eleverse Labs AG
Brügglistrasse 11c
CH-8852 Altendorf

Email (preferred): customer@eleverselabs.com
Hotline: 0800 333 150

Service provider:
Eleverse Labs AG
Brügglistrasse 11c
CH-8852 Altendorf
Switzerland

UID-Nr: CHE-352.962.043
VAT-Nr: CHE-352.962.043-MWST

Web: www.eleverselabs.com

Contact:

The service provider maintains the above client service phone number and e-mail address, Monday – Friday between 9-17 clock service center for inquiries and complaints.

§ 1 – Products of the service provider

1) The service provider offers products for Internet, print media, telephone services, SMS / MMS / WAP services and related services for mobile phones and other mobile devices. The provision of all services on the basis of these general terms and conditions („Terms“).

2) The services can be used by all customers who are in possession of a mobile phone, the technical point meets the requirements of the desired service, and the customer of a mobile network operator or service provider are that about as specified by the service provider services can be used.

§ 2 – Conclusion and termination of contracts

1) If the customer requests via SMS, via the Internet or mobile internet to a particular service, this requirement shall constitute an offer to conclude a contract between the service provider and the customer concerning the use of the relevant service to the current price. The service provider may accept this offer either by sending or provision of the requested service, or if registration is required for the service, through the registration confirmation via SMS, internet or mobile internet.

2) The detailed information on the termination of contracts can be found under § 13 of these Terms and Conditions.

§ 3 – Benefits of the service provider

1) The Service Provider reserves the right at any time to change services wholly or partly, set, complete and / or expand.

2) If it is clear from the respective service offer or § 8 otherwise, the obligation on the service provider exclusively in the provision and there is – if the service in question intended purpose and is suitable – the sending of the requested service to the customer.

3) If the service provider offers third party content (see. § 8), there is the obligation by the service provider in the forwarding of the relevant content of its receipt to the customer in accordance with the respective service.

4) Irrespective of whether a service is called free and is discharged as such free of charge when can a service to the end user so-called transport costs call, mar. Incurred costs of GPRS mobile network operator. The valid at the time of the call price of the relevant service can be found in each of the application and the content information of the service.

§ 4 – Subscription Services

For the versions offered by the service provider shall survive § 3, the rules set out below:

1) Each pass can only be used by customers as specifically explained in this context, mobile network operator or service provider. Each subscription includes only the goods specified in the description of the subscription content type (for example, videos, photos (images), text content, ringtones, mobile games, etc.).

2) The appointment of a subscription by the despatch of the subscription assigned keywords by SMS and an additional sending a confirmation SMS („Handshake“) or by consenting pressing a WAP confirmation button („START VIEW“) to the speed dial specified by the service provider for this purpose number or by selecting and ordering via the Internet according to the instructions on how to proceed. Is for a subscription expressly indicated a maturity and no automatic renewal provided, the subscription ends with the end of the specified term. In all other cases, the subscription renewed after the initial subscription period for a period of the same duration, if the customer has not terminated the subscription before. In case of such subscription renewal subscription fee from the customer is to pay again.

3) The cancellation of a subscription to the end of the subscription period at any time, without the need for a notice period is observed. For details on termination are given in § 13 of these Terms and Conditions.

4) A transfer of unclaimed subscription credit on the next Abo- period or a refund of the balance or the subscription fee in case of cancellation is not possible.

5) The customer has the opportunity at any time to query information about its current ongoing subscriptions. This is done by sending an SMS with the text „VIEW“ to a Subscription assigned speed dial number.

6) To provide customers with the desired subscription also in the case of higher costs, eg for production or transmission to continue to provide, the Service Provider reserves the right to

Change before the content or the price. In some cases, it may come to set the subscription. About this cases the customer is informed by the service provider.

§ 5 – Services rendered by others

1) Besides its own services, the service provider provides services for third parties. If the customer does such a benefit claim as a contract between the customer and the third party is concluded. Where this is necessary in the context of mediated by the service provider and the service provided by a third party, the provision of the service may be under the condition that the customer previously granted their consent for the disclosure of his mobile phone number to that third party.

2) For this connection provided by your service provider switching power apply certain provisions in these Terms.

§ 6 – Commercial advertising, SMS and MMS

With the use of a service provided by the service provider the customer gives revocable unrestricted and unlimited commission to send him via SMS and MMS advertising, offers and information of all kinds on his cell phone and he, by direct mail that is to send by mail, by e-mail, and by any other means advertising, offers and information of all kinds (so-called. explicit OPT IN). The perpetual and unrestricted sending of SMS and MMS and the perpetual and unrestricted sending of advertising, promotions, and all kinds of information by post, e-mail, and by any other means will be considered by the customer explicitly as approved, however, such as be terminated by e-mail or phone call to the service provider at any time (OPT-OUT). Under this Article shall Advertising does not constitute unwanted spam.

The client states explicitly that it agrees to the contractual partners linked to the websites of the service providers, who are subject in the same way to the applicable data protection provisions and directives, being able to access all personal data (information about usage data, identity such as mobile telephone number, names, email address, postal address) of the subscriber, and its data (including personal) saved, collected, processed and also disclosed to third parties by the service providers and contractual partners. It also agrees to usage data statistics of the subscriber being evaluated anonymously, and to personal data management under the respective directives of data protection legislation and the mobile telephone companies, or with any requisite authorisation from the client.

§ 7 – Rights and Obligations of the Customer

1) For the use of some services customer registration with the service provider is required. If the service in question via the mobile phone bill will be settled, the registration is done by sending the measures provided for the service order codes via SMS or by clicking a predefined mobile Internet links to the by the service provider for that used by the customer mobile network.

2) The customer is obliged to take against the abuse of its fixed-line, Internet and cellular phone services by third parties appropriate action. In case of loss of the mobile phone as a result of theft or leaving them as long as the customer is liable for the made from his mobile phone to claim benefits, such as the loss of the mobile phone, the telephone company is not disclosed. The customer is obliged to inform the service provider to request its current data such as name, address data and corresponding changes by e-mail, mail or fax. The customer has the use of his connection to stand, the use of passwords and codes in every case. This also applies to the use of paid services and for any use or misuse of its communication facilities by third parties. The customer keeps all contract data such as PIN-code and other codes and passwords to be kept secret, and in particular it is committed to safely store the data and make available to anybody. The customer is in contempt of this Policy for any damages arising therefrom shall be held liable.

3) If the service provider in contracting collects customer data, the Customer shall disclose that truthfully. Future changes to this data must be the service provider voluntarily and without delay.

4) For the majority of services, it is sufficient if the mobile number of the customer is aware of the service provider. To the extent necessary for a particular service beyond the data and information of the customer, this product can only be claimed, if the customer has the service provider informed that data.

5) If the customer is a password will be communicated in the course of using the Services, the Customer is obliged to keep this password confidential. A transfer of the password to third parties is not permitted. If the customer aware of the fact that a third party has gained knowledge of the password, he is obligated to immediately service providers by phone, email or in writing (see contact information customer service at the beginning of these Terms) to contact and cause a blockage of the password. Up for causing the blocking by the customer shall be liable for the costs of their use of the password costs (especially for the retrieval of service) unless the gained knowledge regarding the password is the responsibility of the service provider.

6) All offered by your service provider services are protected by copyright, trademark and other intellectual property rights. The customer is therefore entitled only to use services even for private purposes in the intended use. A transfer of services to third parties is prohibited to the customer. Any further use is allowed only to the extent expressly approved by the service provider or the partner companies concerned.

7) In the event of a breach by the customer of these terms and conditions, the customer agrees to the service provider for all damages caused by such failure. The customer agrees to the service provider from all third party claims, which were caused by his conduct, indemnify and reimburse the service provider incurred and all resulting damages.

8) The customer pays the applicable fees of its mobile network operator or service provider for the retrieval of services and its transmission (in particular for services that are used by the customer via a mobile Internet connection or Internet connection).

§ 8 – Customer protection at the service provider

1) The customer is also committed to the Services, any illegal contents, including any content of the following nature to Transfer: are unlawful in particular:

– Offering pornographic services i.S.v. Art. 197 para. 3 and 3 bis of the Criminal Code (so-called hard pornography / excrement pornography).

It is prohibited to all content, which infringe the rights of third parties. Any kind of spamming is forbidden to the customer. The Customer also undertakes not to transfer any data that are appropriate damages your service provider or third trigger (eg, Trojans, Dialers, viruses).

2) Once the service provider becomes aware that the customer transfers prohibited content according to the above terms, the service provider as well as acting on behalf of the service provider of third parties the right to order the immediate deletion or blocking of such content and to take measures to redirect this to prevent content. In such a case, the service provider also has the right to cancel all existing contracts with the customer without notice. On request of a law enforcement authority in the course of a criminal investigation against a customer, the service provider will notify the mobile number of customers in the extent permitted by law the competent authority.

3) The service provider collects and processes personal data of the customer only to the extent necessary for the completion and implementation of the agreement concluded with the Customer. So it is with most services needed to save the mobile number of the customer in order to provide the customer with the product even available can. For some products, the specification and store other data required for their use.

4) For certain services, it is necessary that a third party contents and services send directly to the customer or the customer can directly access by third parties held ready content. To make this possible is to pass on the mobile phone number of the customer to the third party service provider.

5) Outside of the provision of services will not be shared personal customer data to third parties, unless the customer has not pointed this out and has given his explicit and / or implicit agreement. The customer expresses the demand of services to the service provider be interested in receiving information on other services. The customer always has the option to revoke his consent to receive information regarding the services of the service provider. This may be the customer by phone, email or in writing (see contact information customer service at the beginning of these Terms) to do with the indication of the mobile phone number of the customer and the revocation.

6) The service provider makes the customer’s attention, that the disclosure of own or third personal customer data (eg name, mobile phone number) SMS Chat) is not permitted under data protection law to other customers in the context of communication services (eg.

§ 9 – Customer Content (see also § 7, paragraph 1)

1) If the customer brings their own content as part of a service that also third parties should be accessible to the nature of the service, such as in connection with an SMS-Chat or other „social media“ and / or interactive services, the customer grants the service providers to publish the right to display such content in a form corresponding to the service in question or distribute. The Customer shall deliver to the service provider by introducing their own content and all copy rights to this content and agree on the service provider at no time charges for its dissemination, forwarding to require commercial use, etc.. These rights are valid and no time limit for the service provider worldwide.

2) It should be noted that the customer for the content that the customer is introduced within the space provided services and received, the service provider leaves the decision as to when, how and to what extent the Content to other customers provided or transmits. If the service provider to the customer forwards or link to from its website or elsewhere of services to third-party content, the above principles apply accordingly.

3) The service provider has the right products include third party content, at any time without notice to change in whole or in part.

§ 10 – Charges for services

If the customer has with its mobile network operator or service provider signed a run-time contract, the charges resulting from the utilization of services are billed to the wireless bill the customer. Customers with credit cards, so-called „pre-paid“ will be debited the payment for the services retrieved each with their use by the customer due and immediately from the pre-paid credit. The same applies to the payment methods provided by third parties (eg mobile operators).

§ 11 – Warranty for services

1) The service provider is always ready for a high quality standard. If it has to service times faulty, the customer is entitled to statutory warranty rights. Proves to be a service to be defective, the customer has to inform the service provider immediately stating his mobile number, order date of the service, as well as the respective delivery date. This may be the customer by phone, email or in writing (see contact information customer service at the beginning of these Terms) do.

2) The service provider is committed to providing the highest possible relevance and functionality of its products. To enable this, regular inspections and maintenance work is required, which may affect the availability of some or all of the services temporarily. A forward of content and services of third parties may also result to temporary transmission problems. The service provider is always striving to keep downtime in the interest of the customer as short as possible. The customer approves possible adverse effects attributable thereto in a rateable proportion.

§ 12 – Liability

1) The service provider shall be liable only for simple negligent breach of a material obligation of contract enforcement by the Service Provider, its employees, representatives or agents. In this case, the liability for damages by the service provider to the direct and foreseeable damage is limited. An indirect damages or atypical consequential damage will not occur.

2) The service provider not operate its own mobile network. For this reason, third party services (eg, the mobile network operator or service provider the customer) are required for the use of services. If you are experiencing technical difficulties with these third parties, it may lead to transmission failures or temporary suspension of the Services or any part thereof. Then the service provider’s control. The service provider expressly indicates that it can not ensure the receipt of SMS of the customer or a service on the mobile phone of the customer technical.

3) The service provider shall not be liable if transmitted by clients within the space provided products contain harmful content data (eg viruses).

4) Who published ads on websites or in magazines of the service provider or its contractors or responds to such advertisements is obliged to observe the following laws and regulations:

– Data Protection Act (DPA) – Telecommunications Act (TCA) – Price announcement Regulation (PBV) – Obligations (CO) – and the Penal Code (StGB).

Void in particular:

– Violence (Article 135 of the Criminal Code.) – Call for violence (Article 259 of the Criminal Code.) – Racial Discrimination (Article 261 bis of the Criminal Code.) – An illegal gambling in the meaning Casino Act or the Lottery Act – as defined Offering pornographic services Art. 197 para. 3 and 3 bis of the Criminal Code (so-called hard pornography / excrement pornography).

Such content may not be made available to adults who have demanded an illicit content on its own. Strictly forbidden to publish photos, images, image sequences, illustrations, sketches, drawings, comics, animations, trailers, videos, video clips, teasers, texts, advertisements, posters, banners, links, text messages, MMS messages, e mail messages, attachments, as well as representations or texts that refer to sexual acts with children or animals to human excrement or violence or this show. Due to the restrictions imposed on the service provider by the Data Protection Act (DPA) and the Federal Constitution (BV), the service provider can accept no liability for misuse acting providers advertise forbidden contents in the publications of the service provider. Should identify the service provider that illegal information is provided, it shall be entitled to exclude offending customer from further use of its services without notice. If the service provider notice that advertisers offer consumers illegal contents or make available, the Service Provider shall be entitled to file a criminal complaint and ruled for the abuse charge from any further business relationship. Similarly, the service provider will act if Inserentinnen or advertisers violate the provisions regarding compliance with the age of consent. Disregarding the guilty party shall pay all legal and financial consequences and encourages the other parties fully indemnify. The guilty party accepts any fine imposed on the other parties penalties, fines, court costs, claims of third parties, etc.

5) The service provider and its contractors are obliged to provide the contractually guaranteed services to the customer. The guarantee is restricted pursuant to paragraphs below. The customer warrants particular with respect to the opposite him granted rights to use specialized applications to comply with the conditions laid down by the service provider Terms of use according to the applicable license agreements, and these Terms. We accept no liability for the statements and information contained in the advertisements, neither by the service provider nor any of its partners. The advertisers are free, responsible persons and have no commitments. Neither Service Provider nor its affiliates assumes any guarantees for a successful, personal contact. It can not be ruled out that some ladies live abroad and use a pseudonym for his own protection. It is the customer of the service provider also recommended to use a pseudonym for their own protection.

5) Disclaimer:

The use of the Service is expressly at your own risk and peril. Any guarantees that the service or the received data corresponding to your requirements are waived. Moreover, there is no liability for system interruptions or faults arising from use. The same is true for performance, security, accuracy, reliability, timeliness, and the like.

§ 13 – Right of withdrawal / cancellation for users in Switzerland

To unsubscribe from the service at SMS-based service application can be made:

A) By sending an SMS with text STOP as well as in the service registration
given keyword, the target number on the registration pages of the service (example: STOP PATTERN to number).

B) Through a call to the hotline number specified in the service registration (09: 00h – 17: 00h) at the login pages of the service provider (see also HELP / CONTACT US on the service side).

C) By sending a email to the email address of the service provider (see also HELP / CONTACT US on the service side).

D) By letter mail to the address of the service provider (contact details are at the beginning of these Terms visible. See also HELP / CONTACT US on the service side).

You may unsubscribe at service application using „Mobile Internet Billing“ can take place:

A) The cancellation of service can be made A) By Quitting on the mobile website of the service (usually given as „ABO MANAGE“ on the office side)

B) The customer side of the network operator that handles billing for this service.

C) In addition, the possible cancellation according to the instructions B) to D) in the above paragraph „SMS-based services“.

§ 14 – Intellectual Property / Copyright / Privacy Policy

1) The guided under the above web reference or under other labels, websites, images, photographs, drawings, comics, image sequences, content, text, trailers, teasers, video clips and other video footage of the service provider and its contractors are protected worldwide, factual and unlimited. All rights are reserved. All corresponding intellectual property irrevocably to the service provider or the licensor, who has the service provider allows the use to. If a customer infringes in this context license rights of others and the service provider is held liable therefore, the customer has to keep the service providers harmless. Allowed under these Conditions to download, store and play are the unchanged programs for their own use. Any other use, including the dissemination of the contents to third parties is prohibited. Likewise, any commercial use of the provided content is prohibited. A violation of the above provisions shall entitle the Service Provider and its contractors for extraordinary termination of all the customers contracts. Right to claim damages reserved.

2) Any other use of copyrighted works subject to the prior written approval of the service provider. This applies especially to the copying of content to additional volumes, as well as the creation of systematic collections.

§ 15 – Data Protection

1) The service provider shall take all technically feasible and reasonable measures to protect the data stored in his. Liability of the service provider and its contractors Should it succeed a third party to illegal means to bring the service provider or contractor whose data stored in its possession or use these data, it is excluded. This same principle applies to the legal relationship between the service provider and its contractors.

2) data storage and recovery

When registering the customer data for the establishment and management of their accounts. In addition, data from the service provider and the third party suppliers can be stored in the use of the services provided by the customer.

Data transfer to third parties:

The service provider uses customer data to contractual and lawful performance of services offered, maintaining customer relations and for the submission of offers, advertising and information. Customer agrees to fully agree with the storage and utilization of their data by the service provider. The customer can prohibit the use and processing of his data for marketing purposes at any time. Such notice is required, specifying the customer’s mobile phone number, and where, email address, address and account number to be sent to the service provider in writing or by telephone. Provides the service provider together with or via third parties to customers at home and / or abroad services, he is entitled to declare all known customer data. It should be noted that overseas the storage, processing and dissemination of personal data other than in Switzerland may be subject to applicable laws. The service provider can customer information to authorities, courts, as well as companies who are entrusted with debt collection or credit information, delivered, if the handover to validate claims.

Phone and Internet Abuse / Records:

The customer is obliged to comply with these Terms and Conditions of the secondary, any individual contractual arrangements and the legal regulations in the use of services from the service provider and its contractors. In particular, the services may not be used to plan or fulfillment of criminal offenses. A resale is prohibited. The customer expressly agrees that in order to ensure customer satisfaction and proper handling of customer complaints of the services provided telephone calls (incoming orders) can be recorded and the exchange of SMS (data connection) must be recorded in logbooks. Such records may be used only with customer complaints and in officially ordered proceedings. The improper disclosure to third parties is prohibited.

Content:

The Service Provider is not responsible for any Content or any part thereof or any other aspects of the service which could affect your taste or your feelings.

§ 16 – Prohibition of offsets

The customer has no right to charge him asserted claims for damages (activities) with open and overdue invoices to the service provider or its contractors.

§ 17 – Default

Upon expiry of that period, the service provider will charge interest at 5% pa owed without any reminder is needed (Art. 104 OR). Without objection from the customer an invoice valid for 10 days after delivery than expected. If the customer is in default of payment, the service provider may request access to all its services, and to all services of His prevent contractors and / or without notice to withdraw from the contract.

§ 18 – Loss of Services

The service provider and its contractors operate the services offered with the utmost care, reliability and availability. Unless specifically agreed otherwise in individual contracts, is – as far as legally possible – precludes any kind of warranty. In particular, the Service Provider and its contractors may not ensure that the services are accessible without interruption, that the desired connections at any time can be made or that stored data is available in all circumstances.

Altendorf, March 2022