We operate www.sprep.ch and all related products and services that refer to these legal terms (collectively, the "Services"). Contact us at info@sprep.ch or by mail to Sprep amp. GmbH, Eimatt 14a, 6372 Ennetmoos, Switzerland.
These Legal Terms constitute a legally binding agreement between you ("you") and Sprep amp. GmbH concerning your access to and use of the Services. By accessing the Services, you confirm that you have read, understood, and agreed to be bound by all of these Legal Terms.
If you do not agree with all of these Legal Terms, you are expressly prohibited from using the Services and must discontinue use immediately.
1. OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any person in any jurisdiction where such use would be contrary to law or regulation. Those who access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws.
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, "Content"), as well as trademarks, service marks, and logos ("Marks"). Our Content and Marks are protected by copyright, trademark, and other intellectual property laws worldwide.
The Content and Marks are provided through the Services "AS IS" for your internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable licence to access the Services solely for your internal business purpose. Except as expressly set out in these Legal Terms, no Content or Marks may be copied, reproduced, republished, transmitted, distributed, sold, or otherwise exploited for any commercial purpose without our express prior written permission.
Content you generate through the Services
The Services allow you to generate audio, transcripts, translations, and related materials from documents you upload ("Generated Output"). As between you and us, you own all Generated Output, including all intellectual property rights in that Generated Output, subject to your compliance with these Legal Terms and the terms of our AI Service Providers described in our Privacy Notice. We claim no ownership over your Generated Output.
You are responsible for ensuring that you hold all necessary rights in the source materials you provide and that your use of the Generated Output complies with applicable law and does not infringe any third-party rights.
Submissions
By sending us questions, suggestions, ideas, or other feedback about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submissions. We may use Submissions for any lawful purpose without compensation to you.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that:
- You have the legal capacity to agree to and comply with these Legal Terms;
- You are not a minor in the jurisdiction in which you reside;
- You will not access the Services through automated or non-human means;
- You will not use the Services for any illegal or unauthorized purpose; and
- Your use of the Services will not violate any applicable law or regulation.
If you provide information that is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any future use of the Services.
4. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make them available. You agree not to:
- Systematically retrieve data to build a collection, compilation, or database without written permission from us.
- Trick, defraud, or mislead us or other users, including attempts to learn sensitive account information.
- Circumvent, disable, or interfere with security-related features of the Services.
- Use information obtained from the Services to harass, abuse, or harm another person.
- Use the Services in a manner inconsistent with applicable laws or regulations.
- Upload or transmit viruses, Trojan horses, or other material that interferes with any party's use of the Services.
- Engage in any unauthorized automated use of the system (bots, scripts, scrapers, data mining tools).
- Attempt to impersonate another user or person.
- Use the Services to compete with us, including by rebranding, repackaging, reselling, or sublicensing the Services, our Content, or our Marks.
- Reverse engineer, copy, or replicate the Services or our Content for the purpose of building a competing product. For the avoidance of doubt, this restriction does not apply to Generated Output you produce from your own source materials.
- Sell or otherwise transfer your account.
5. USER GENERATED CONTRIBUTIONS
The Services do not currently offer users the ability to publicly post or share content with other users. Any content you generate through the Services remains private to your organisation unless you explicitly choose to share it.
6. CONTRIBUTION LICENSE
By submitting suggestions or other feedback regarding the Services, you agree that we may use and share such feedback for any purpose without compensation to you. We do not assert ownership over content you generate using the Services. You retain full ownership of your Generated Output and any intellectual property rights associated with it.
7. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to:
- Monitor the Services for violations of these Legal Terms;
- Take appropriate legal action against anyone who violates the law or these Legal Terms;
- In our sole discretion, restrict access to or limit the availability of any of your content or any portion thereof;
- Remove from the Services or otherwise disable files that are excessive in size or burdensome to our systems; and
- Otherwise manage the Services in a manner designed to protect our rights and property and to facilitate proper functioning.
8. TERM AND TERMINATION
These Legal Terms remain in full force and effect while you use the Services. We reserve the right to deny access to and use of the Services, including blocking certain IP addresses, to any person for any reason, including breach of any representation, warranty, or covenant in these Legal Terms.
We may terminate your use of the Services or delete any content you have posted at any time, without warning, at our sole discretion. If we terminate or suspend your account, you are prohibited from registering a new account without our permission.
9. REFUND POLICY
All sales are final. No refunds will be issued except where required by applicable consumer protection law.
10. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time at our sole discretion without notice. We cannot guarantee the Services will be available at all times. We may experience hardware, software, or maintenance-related interruptions, delays, or errors. We will not be liable to you for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance.
11. GOVERNING LAW
These Legal Terms shall be governed by and construed in accordance with the laws of Switzerland. The courts of Switzerland shall have exclusive jurisdiction to resolve any dispute arising in connection with these Legal Terms.
12. DISPUTE RESOLUTION
Informal Negotiations
The parties agree to first attempt to negotiate any dispute informally for at least thirty (30) days before initiating arbitration. Informal negotiations begin upon written notice from one party to the other.
Binding Arbitration
Any dispute arising out of or in connection with these Legal Terms, including questions regarding its existence, validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of that court.
- Number of arbitrators: one (1)
- Seat of arbitration: Zurich, Switzerland
- Language of proceedings: English
- Governing law: substantive law of Switzerland
Restrictions
Any arbitration shall be limited to the dispute between the parties individually. No arbitration shall be joined with any other proceeding; there is no right to arbitrate on a class-action basis or in a representative capacity.
Exceptions
The following disputes are not subject to the above arbitration provisions:
- Disputes seeking to enforce or protect intellectual property rights;
- Disputes related to theft, piracy, invasion of privacy, or unauthorised use; and
- Claims for injunctive relief.
13. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors and to change or update information at any time without prior notice.
14. DISCLAIMER
The Services are provided on an as-is and as-available basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties about the accuracy or completeness of the Services' content and assume no liability for any errors, personal injury, property damage, unauthorized access to our servers, interruptions to the Services, bugs, viruses, or any loss or damage arising from use of any content made available via the Services.
15. 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 Services, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary herein, our liability to you for any cause whatsoever shall at all times be limited to the lesser of the amount paid by you to us in the twelve (12) months preceding the claim or CHF 100. Certain laws do not allow limitations on implied warranties or exclusion of certain damages — if these laws apply to you, some of the above limitations may not apply.
16. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable legal fees, arising out of:
- Your use of the Services;
- Your breach of these Legal Terms;
- Any breach of your representations and warranties;
- Your violation of the rights of a third party, including intellectual property rights; or
- Any harmful act toward another user of the Services.
17. USER DATA
We maintain certain data you transmit to the Services for the purpose of managing performance and your use of the Services. Although we perform regular backups, you are solely responsible for all data you transmit or that relates to any activity undertaken using the Services. We shall have no liability to you for any loss or corruption of any such data.
18. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.
19. MISCELLANEOUS
These Legal Terms and any policies posted by us on the Services constitute the entire agreement between you and us. Our failure to exercise or enforce any right or provision shall not operate as a waiver. We may assign any or all of our rights and obligations to others at any time. If any provision of these Legal Terms is determined to be unlawful or unenforceable, that provision is deemed severable and does not affect the validity of the remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms.
20. CONTACT US
To resolve a complaint or receive further information regarding these Legal Terms:
Sprep amp. GmbH
Eimatt 14a, 6372 Ennetmoos, Switzerland