ExoSilva - Terms of Service

Please read these terms and conditions carefully (the "Terms"). By using or accessing our Services, you express your acceptance and understanding of the Terms. If you do not agree to any or all of our Terms, please refrain from using or accessing our Services.

In the Terms, the terms 'we', 'our', 'us' and 'ExoLabs' refer to ExoLabs GmbH, a limited liability company under Swiss law. 'You', 'your' and 'yours' refers to anyone who uses or accesses our Services.

We reserve the right to change the Terms without notice and at any time. Remember to check this page regularly for changes to the Terms. The version accessible via our website (https://exosilva.ch/terms_of_service) at the crucial moment applies between you and us. We reserve the right to interrupt access to and/or use of the Services at any time or to modify the Services without prior notice and without giving reasons.

Our services

We offer, as a central service, a map service allowing users to get informed about the forest conditions in Switzerland.

Declaration on privacy and personal data

In the context of the seizure and processing of your personal data, subject to foreign law provisions that could directly apply in our territory, we are subject to Swiss data protection legislation, which is recognized by the authorities as guaranteeing an adequate level of data protection. For more information, Privacy Policy (https://exosilva.ch/privacy)

Accuracy, completeness and timeliness of information

We make every reasonable effort to ensure that the information reflects as close as possible the reality of forest health. However, we exclude all liability should this not be the case. If you rely on the data from our Services, it will be at your own risk. In particular, in case of doubt, we always invite you to contact a qualified person before you engage in the field, as well as conduct your own analysis and adapt your decisions once there. Any liability on our part in this regard is excluded.

Only the Terms of Use have legal value; any other information accessible via our Services is provided for information purposes only.

Access to Services

Some services are accessible only after a subscription. ExoLabs does not treat nor has access to any information related to payments. These information are treated solely by the platform provider, namely Google LLC for the Google Play Store and Apple Inc. for the iTunes and the App Store.

Intellectual property rights

The Services, trademarks, logos, icons, designs, and other distinctive features of ExoSilva, as well as any software used in connection with the provision of the Services, are and remain the exclusive property of ExoLabs. You may not copy, transfer, redistribute or license the content of the Services. You may not copy, modify, decompile or otherwise attempt to discover or reuse our source code. The creation of work derived from all or part of the content of our Services (or their possible updates) is prohibited.

We grant you a worldwide, non-transferable, non-exclusive license to use the Services, access their content, and benefit from any updates that may replace or supplement the Services (unless this upgrade is accompanied by a specific license) on all devices that you own or control, to the extent permitted by the Terms and for the sole purpose of allowing you to enjoy the Services.

You are invited to report any obvious infringement or suspicion of infringement of intellectual property rights by contacting us directly.

External information and links to other sites

In general, our Services may contain external information (satellite data, base maps, etc.) as well as links directing you outside our networks and systems, in particular to the websites or applications of our partners. We assume no responsibility for the content or accuracy of this information or third party sites and the operation of these. We cannot be held responsible for the content of third party sites to which a link is offered. The inclusion of a link to other websites does not imply our approval. We recommend that you carefully read the legal notice regarding the privacy statement and personal data of all other sites you visit.

Security of communications

When communicating with us by e-mail, or otherwise via the Internet, you must take into account that the protection of the messages thus transmitted is not guaranteed. Therefore, by sending important or confidential, non-encrypted messages, you accept the risks of this uncertainty and the possible lack of privacy of the Internet.

Use of our available Services is at your own risk.

No guarantees for freely available Service

Our Services are offered to you 'as is' and 'as available'. Therefore, we offer no guarantee in connection with these. In particular, we do not guarantee that (i) our Services comply with your requirements; (ii) their content is complete, accurate, reliable, up-to-date and does not infringe the rights of any third party; (iii) access to our Services is uninterrupted, error-free or virus-free; (iv) defects are corrected; (v) the Services are secure; or (vi) any advice or opinion coming from us through our Services is accurate and reliable.

Guarantees for Services offered through subscription :

We guarantee the availability and regular update of the layers under subscription terms, at the exception of extraordinary events affecting the technical functioning of the system, such as network congestion, power supply failure of our computing facilities, satellite breakdown, change in delivery policy of the data providers, etc.

Use of the information provided though our Services offered through subscription is at your own risk.

We do not guarantee that (i) our Services comply with your requirements; (ii) their content is complete, accurate, reliable, up-to-date and does not infringe the rights of any third party; (iii) access to our Services is uninterrupted, error-free or virus-free; (iv) defects are corrected; (v) the Services are secure; or (vi) any advice or opinion coming from us through our Services is accurate and reliable.

Exclusion of liability

TO THE EXTENT PERMITTED BY LAW, ANY RESPONSIBILITY BY OUR PARTNERS, OUR AUXILIARIES, OUR REPRESENTATIVES OR OUR PARTNERS THAT MAY RESULT FROM YOUR ACCESS TO OR USE OF OUR SERVICES IS EXCLUDED. AS A PRECONDITION PRIOR TO YOUR USE OF OUR SERVICES, YOU AGREE TO INDEMNIFY, AS WELL AS OUR REPRESENTATIVES OR OUR PARTNERS, ANY DAMAGES (INCLUDING JUSTICE AND LAWYER EXPENSES) THAT MAY RESULT FROM YOUR (MALICIOUS) ACCESS TO - OR YOUR (MALICIOUS) USE OF - OUR SERVICES.

Various

These Terms constitute the entire agreement between you and us regarding access to and use of our Services.

If any provision of the Terms should be considered invalid or unenforceable, the parties would replace it with a provision having legal and economic effects as close as possible to those of the invalidated provision and the remaining provisions of the Terms will remain in effect as they stand.

The fact that we tolerate any breach by you of any of your obligations under the Terms, or that we do not require the application of any right granted to us by the Terms or by law, may not be construed as a waiver on our part to use it.

Conditions exist in English, French and German. In case of contradiction, the English version will prevail.

Unlike us, you are not authorized to transfer to third parties the rights and obligations that are yours under the Terms.

Jurisdiction and applicable law

The Conditions are subject to Swiss material law.

The exclusive place of jurisdiction is at ExoLabs registered office, subject to appeal to the Federal Court (Tribunal Fédéral).

Conditions updated in December 2019.

All rights in these Terms belong to their author. Reproduction without prior license is strictly prohibited.