Terms and Conditions
Terms and Conditions for tracenable.com
Last Updated: 01/09/2024 1. Introduction and Acceptance of
Terms 1.1 Purpose: Datacie Ltd, registered in
Switzerland under company number CHE-231.706.060 (UID), with its registered address at Chemin Erna
Hamburger 1C, EPFL Innovation Park, 1015 Lausanne, Switzerland (“we”, “us”, “our”) operates the
website tracenable.com (the “Website”). These Terms and Conditions ("Terms") govern your access
to and use of the Website and all associated services, including but not limited to consulting,
reading, reviewing, uploading, downloading, or otherwise accessing articles, facts, analysis,
contributions, information, data, or any other content available on the Website (collectively,
"Services").
1.2 Acceptance of Terms: By accessing,
browsing, or otherwise using the Website and/or Services, you confirm that you have read,
understood, and agree to be bound by these Terms. If you are accepting these Terms on behalf of a
business or other legal entity, you warrant that you have the authority to bind such entity to these
Terms.
1.3 Legal Capacity: You affirm that you are
at least 18 years of age or an emancipated minor, or possess legal parental or guardian consent, and
are fully capable of entering into and complying with these Terms.
1.4 Modification of Terms: We reserve the
right to modify these Terms at any time. Any changes will be effective immediately upon posting on
the Website. Your continued use of the Website and/or Services constitutes acceptance of the
modified Terms. For significant changes, we will make reasonable efforts to notify you via email or
by posting a notice on the Website.
2. Use of Services 2.1 Permitted Use: Subject to these Terms,
you are granted a non-exclusive, non-transferable, revocable right to use the Services exclusively
for individual, non-commercial activities. This includes using the data for personal research,
learning, and internal analysis, but explicitly excludes any use of the Services to
provide any products or services for the benefit of third parties, or supporting any business
operations. You may not use any part of the Services for any commercial purpose without our express
written consent.
2.2 Restrictions of Use: You may use the
Website and/or Services only as expressly permitted under these Terms. Unless otherwise permitted in
these Terms,
you agree not to:
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Circumvent, disable, or otherwise interfere with any security-related features of the Website or
any part of it.
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Probe, scan, or test the vulnerability of the Website or any system or network related to the
Website, or breach or attempt to breach security or authentication measures.
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Use the Website or the Services in any manner that could disable, overburden, damage, or impair
the functioning of the Website, or interfere with any other party's use of the Website.
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Use data mining, robots, scraping, or similar data-gathering tools on the Website or any part of
it.
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Distribute, license, lease, rent, sell, or otherwise transfer the Website or any part of it to
any third party without our express written consent.
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Reverse-engineer, decompile, or attempt to derive the source code or algorithms of any part of
the Website.
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Use the Website to transmit any form of unsolicited advertising or promotional materials (spam),
junk mail, chain letters, or any other form of solicitation.
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Use the Website or Services in violation of any applicable law, regulation, or third-party
rights, including
intellectual property rights, privacy rights, or trade secrets.
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Upload or transmit any malicious software, viruses, worms, or any other harmful computer code
that could disrupt or impair the Website's functionality.
We reserve the right to suspend or terminate
access to the Website or Services if we detect any violation of these Terms.
3. Intellectual Property 3.1 Ownership: All content, features, and
functionalities of the Website and Services, including text, graphics, logos, images, data, and
software, are our exclusive property or that of our licensors and are protected by Swiss and
international intellectual property laws. You may not reproduce, distribute, or create derivative
works from any content without our prior written permission.
3.2 User-Generated Content: By submitting
content to the Website, you grant us a perpetual, worldwide, non-exclusive, royalty-free license to
use, modify, distribute, and display your content in connection with the Website and its Services.
You represent that you have all necessary rights to submit such content and that it does not
infringe on any third-party rights.
4. Third-Party Services and
Links The Website may include links to third-party
websites and services. These links are provided solely for your convenience. We do not control or
endorse the content or practices of these third-party websites, and we are not responsible for their
privacy policies or terms of service. Accessing third-party websites is at your own risk.
5. Disclaimers 5.1 General Disclaimers: You access and use the
Website and its content at your own risk. The Website, Services, and content are provided "as is"
and "as available" without any warranties of any kind, either express or implied. To the fullest
extent
permitted by law, we disclaim all warranties, including but not limited to:
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Warranties of merchantability, fitness for a particular purpose, non-infringement, and quiet
enjoyment.
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Warranties that the Website or content will meet your expectations or requirements.
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Warranties that the Website will be uninterrupted, secure, or error-free, or that any defects
will be corrected.
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Warranties that the content available on the Website will be accurate, reliable, or complete.
5.2 Absence of Representations or
Warranties: We do not guarantee the accuracy, reliability, completeness, or timeliness of
the Services. You are responsible for validating the accuracy and suitability of the Services and
any documents or data produced from their use. You must comply with all relevant laws and
regulations.
5.3 Non-Advisory Role: We are a provider of
data and information only and do not offer professional advice. We do not endorse or recommend any
specific course of action. Use of the Services is at your own risk, and we are not liable for
decisions based on the Services, including financial, legal, or compliance decisions.
6. Limitation of Liability To the fullest
extent permitted by law, Datacie Ltd, its affiliates, officers, employees, and agents shall not be
liable for any direct, indirect, incidental, special, consequential, or punitive damages, including
but not limited to loss of profits, data, use, goodwill, or other intangible losses arising from or
related to:
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Your access to or use of, or inability to access or use, the Website or Services.
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Any conduct or content of any third party on the Website.
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Unauthorized access, use, or alteration of your data.
7. Indemnification You agree to indemnify, defend, and hold harmless
Datacie Ltd, its affiliates, directors, officers, employees, and agents from any and all claims,
liabilities, damages, losses, and expenses (including legal fees) arising from or related to:
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Your use of the Website or Services.
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Your violation of these Terms.
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Your violation of any third-party rights, including intellectual property rights, or any
applicable law.
8. Term and Termination 8.1 Term: These Terms are in force and
binding as long as you are using the Website and/or the Services.
8.2 Termination by Us: We reserve the right
to suspend or terminate your access to the Website or Services at any time, without notice, for
violating these Terms or for conduct detrimental to us or our users.
8.3 Termination by You: You may cease using
the Website and/or Services at any time.
9. Effect of Termination Upon termination, you must cease all use of the
Website and destroy any copies of content obtained from the Website and/or the Services. Termination
of these Terms does not affect any rights or obligations that have accrued before termination.
10. Applicable Law and
Jurisdiction 10.1 Governing Law: These Terms are
governed by Swiss law, excluding its conflict of laws principles.
10.2 Dispute Resolution: Any disputes
related to these Terms will be resolved in the competent courts of our registered office in
Switzerland.
10.3 Alternative Dispute Resolution:
Before initiating legal action, you agree to engage in good faith discussions to resolve
disputes informally, which may include mediation.
11. Miscellaneous 11.1 Severability: If any provision of
these Terms is found invalid or unenforceable, the remaining provisions will continue in full
force. The invalid provision will be modified to reflect the parties' original intent.
11.2 Assignment:
We may assign its rights and obligations under these Terms to any third party without notice to
you. You may not assign your rights or obligations without our prior written consent.
11.3 Waiver:
Failure to enforce any provision of these Terms does not constitute a waiver of that provision
or any other provision. Any waiver must be in writing and signed by an authorized representative.
11.4 Contact Information:
For any questions or concerns regarding these Terms, please contact us at: legal@tracenable.com