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