By clicking the “accept” “I Agree”or “ok” button, or downloading, installing and/or using the JORVIS mobile software application (the “App”) you expressly acknowledge and agree that you are entering into a legal agreement with JORVIS Sàrl, having offices at [AV TIVOLI 27 A 1007 LAUSANNE ] Switzerland (“JORVIS”, we”, “us” or “our”), and have understood and agree to comply with, and be legally bound by, the terms and conditions of this End User License Agreement (“Agreement”).

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1. License

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• Ability to Accept. By installing the App you affirm that you are over eighteen (18) years of age. 

• License. Subject to the terms and conditions of this Agreement, we hereby grant you a personal, revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable license (“License”) to:

  1. download, install and use the App on a mobile telephone, tablet or device (each a “Device”) that you own or control; and as permitted by the Application Store’s terms and conditions

  2. access and use the App on that Device in accordance with this Agreement.

• License Scope.

 You agree not to, and shall not permit any third party to:

(i) sublicense, redistribute, sell, lease, lend or rent the App;

(ii) make the App available over a network where it could be used by multiple devices owned or operated by different people at the same time;

(iii) disassemble, reverse engineer, decompile, decrypt, or attempt to derive the source code of, the App; 

(iv) copy (except for back-up purposes), modify, improve, or create derivative works of the App or any part thereof; 

(v) circumvent, disable or otherwise interfere with security-related features of the App or features that prevent or restrict use or copying of any content or that enforce limitations on use of the App; 

(vi) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the App; (vii) use any communications systems provided by the App to send unauthorized and/or unsolicited commercial communications;

(viii) use the JORVIS  name, logo or trademarks (if applicable) without our prior written consent; and/or 

(ix) use the App to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement.

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2. Account

 

In order to use some of the App features you may have to create or use an account (an “Account”). If you create an Account, you must provide accurate and complete information for yourself. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify us immediately of any unauthorized use of your Account hello@jorvisartbooking.com. 

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3. Intellectual Property Rights

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• The App is licensed and not sold to you under this Agreement and you acknowledge that JORVIS retains all intellectual property rights (such as copyrights, patents, trademarks, trade secrets and other) in and to the App (and its related software) 

• The Content on the App, including without limitation, the text, information, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (the “Materials”), is the property of JORVIS  and/or its licensors. 

• The content on the App is provided to you “as is” for your personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the content you must retain all copyright and other proprietary notices contained therein. 

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4. Privacy

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• We will use any personal information that we may collect or obtain in connection with the App in accordance with our privacy policy [INSERT URL TO PRIVACY POLICY HERE]. , Please also be aware that certain personal information and other information provided by you in connection with your use of the App may be stored on your Device (even if we do not collect that information). You are solely responsible for maintaining the security of your Device from unauthorized access.

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5. Warranty Disclaimers

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• The app is provided on an “as is” and “as available” basis without warranties of any kind including, without limitation, representations and conditions of merchantability, fitness for a particular purpose, title, non-infringement. 

• We do not warrant that the app will operate error-free, that the app is free of viruses or other harmful code or that we will correct any errors in the app. You agree that we will not be held responsible for any consequences to you or any third party that may result from technical problems including without limitation in connection with the internet (such as slow connections, traffic congestion, or overload of our or other servers) or any telecommunications or internet providers.

• Applicable law may not allow the exclusion of certain warranties, so, to that extent, such exclusions may not apply.

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6. Limitation of Liability

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• Except for cases of intent or gross negligence (article 100 Swiss Code of Obligations ) neither Party shall be liable to the other Party under or in connection with this Agreement , in each case whether direct or indirect, contractual and non-contractual claims (tort, including negligence), or otherwise for: 

• any special, incidental, punitive, consequential or indirect: loss; damage; cost; and/or expense; or 

• any lost profits, lost goodwill (or any other damage to reputation), damages due to business interruption, unrealized savings, claims or consequential costs for expenses incurred by the Licensee , loss of opportunity, or lost data, 

• any liability for auxiliary persons of JORVIS – as far as legally permissible

• In any event, to the maximum extent permitted by law, JORVIS’s total aggregate liability for all damages and losses that arise under or in connection with this agreement, or that result from your use of or inability to use the app, shall not in any circumstance exceed the total amounts, if any, actually paid by you to JORVIS for using the app within the one (1) month period preceding the date of bringing a claim or through the Application or 100 CHF if you haven’t purchased anything through the Application.

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7. Indemnification

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You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.

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8. Export Laws

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• You agree to comply fully with all applicable export laws and regulations to ensure that neither the App nor any technical data related thereto are exported or re-exported directly or indirectly in violation of,  or used for any purposes prohibited by such laws and regulations. 

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9. Updates, Modifications to the App

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•  JORVIS may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades, and other modifications.

Updates may modify or delete certain features and/or functionalities of the Application. You agree that the Company has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any features and/or functionalities of the Application to You.

You further agree that all updates or any other modifications will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.

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10. Maintenance and Support

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• JORVIS does not provide any maintenance or support for the download and use of the Application. To the extent that any maintenance or support is required by applicable law, the Company, not the Application Store, shall be obligated to furnish any such maintenance or support.

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11. Term and Termination

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• This Agreement is effective until terminated by us or you. We reserve the right, at any time, to: (i) discontinue or modify any aspect of the App; and/or (ii) terminate this Agreement and your use of the App with or without cause, and shall not be liable to you or any third party for any of the foregoing. If you object to any term or condition of this Agreement or any subsequent modifications thereto, or become dissatisfied with the App in any way, your only recourse is to immediately discontinue use of the App. 

• You may also terminate this Agreement by deleting the Application and all copies thereof from your Device or from your computer.

• Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your Device.

• Termination of this Agreement will not limit any of the Company’s rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of your obligations under the present Agreement.

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12. Third-Party Open Source Software

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Portions of the App may include third-party open-source software that are subject to third-party terms and conditions (“Third Party Terms”). A list of any third-party open-source software and related Third Party Terms may be available upon request. If there is a conflict between any Third Party Terms and the terms of this Agreement, then the Third Party Terms shall prevail but solely in connection with the related third party open source software.

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13. Third-Party Content

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• The App enables you to view, access, link to, and use content from Third-Party Sources (defined below) that are not owned or controlled by us (“Third Party Content”). The App may also enable you to communicate and interact with Third Party Sources. “Third Party Source(s)” means: (i) third-party websites and services; and (ii) our partners and customers. 

• The Application may display, include, or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services.

• You acknowledge and agree that the Company shall not be responsible for any Third-party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof.

• You must comply with applicable third party terms of agreement when using the Application.

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14. Miscellaneous

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• Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by JORVIS without restriction or notification. 

• Modification. We reserve the right to modify this Agreement at any time by sending you an in-App notification and/or publishing the revised Agreement on the App or on our website. Such change will be effective ten (30) days following the foregoing notification thereof, and your continued use of the App thereafter means that you accept those changes. 

• Governing Law and Disputes. This Agreement shall be governed by and construed in accordance with the laws of the Switzerland without regard to its conflict of laws rules. You agree to submit to the personal and exclusive jurisdiction of the courts located in Lausanne , Switzerland, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction and mandatory consumers protection laws are reserved. 

• Entire Agreement. The Agreement constitutes the entire agreement between You and the Company regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between You and the Company.

• You may be subject to additional terms and conditions that apply when You use or purchase other Company’s services, which the Company will provide to You at the time of such use or purchase. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

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15. Apple Distributor Requirements and Usage Rules

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• If you download the App from the Apple, Inc. (“Apple”) App Store (or in any event if you download an Apple iOS App) then, without derogating from the warranty disclaimers and limitation of liability as set forth in the Agreement

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• You acknowledge and agree that: 

1. this Agreement is concluded between JORVIS and you only, and not with Apple, and JORVIS and its licensors, and not Apple, is solely responsible for the App and the content thereof. 

2. your use of the App is also subject to the Usage Rules established by Apple, including those set forth in the Apple App Store Terms of Service and Apple Media Services Terms and Conditions, effective as of the date that you enter into this Agreement.

3. the License granted herein is limited to a non-transferable right to use the App on any Apple-branded Products that the End-User owns or controls and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that such Licensed Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing;

4. JORVIS is solely responsible for providing any maintenance and support services with respect to the App, as specified in this Agreement, or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App; 

5. JORVIS is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will, to the extent applicable, refund any purchase price paid (if any) by you for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be JORVIS’s sole responsibility; 

6. JORVIS, and not Apple, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the end- user’s possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit frameworks.; 

7. in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Apple shall not be responsible for the investigation defense, settlement, and discharge of any such intellectual property infringement claim; 

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• Apple, and its subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof. 

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• You represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

• Nothing in this Agreement is intended to limit or exclude your statutory rights that cannot be limited or excluded by law. 

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• If you have any questions, complaints, or claims regarding the App, please contact JORVIS at hello@jorvisartbooking.com 

 

 

Last updated: 7.06.2023 Lausanne

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