Terms of Use

These terms of use (“Terms of Use”) together with any supplemental rules and regulations, such as the Terms & Conditions (“Terms”) or the Privacy Policy, govern your access to and use of the free and paid services (“IDARE Service”) available on the website (“Website”) operated by idare KIG (“IDARE”, “we”, “our”, etc.) with registered office in Switzerland (Commercial registry number CHE-150.2.478.435-5).

Your access to and use of our services is subject to your acceptance of and compliance with these Terms of Use. By using the IDARE Service and by accessing the Website, you agree to accept and be bound by these terms. In case you do not agree to any part of these Terms of Use, you are not authorised to continue using the IDARE Service and the Website.

User account

Account creation and eligibility

When creating your IDARE account, you must provide accurate information. Further, your account must be registered by a human. Accounts registered by “bots” or other automated methods are not permitted. You are only allowed to access the Website and create an account if you are entitled to enter into a binding contract with IDARE and are not a person barred from accessing the Website according to applicable law. You may never use another user’s account without permission.

Identity verification

You hereby authorize us, directly or through independent contractors, vendors and suppliers (collectively, “Contractors”), to make any inquiries we consider necessary to validate your identity and/or authenticate your identity and account information. This may include asking you for further information and/or documentation about your account usage or identity, or requiring you to take steps to confirm ownership of your email address, phone number or financial instruments, and verifying your information against third party databases or through other sources. This process is for internal verification purposes.

Communications and notifications

By creating an Account, you agree that we may send you informational and promotional text (SMS) messages as part of the normal business operation of your use of your Account and Website. You may opt-out of receiving text (SMS) messages from us at any time by contacting us via email (info@idare.ch). You acknowledge that opting out of receiving text (SMS) messages may impact your use of the IDARE Service and Website.

Account security

You are responsible for safeguarding the password you use to access your account and for any actions that occur under your account and using your password. IDARE requires you to use unique, strong passwords. You should notify us immediately if you become aware of any breach of security or unauthorized use of your account. Any liability for any damage arising from your failure to comply with these requirements is excluded. In case you forget your password, please use the ‘reset your password’ feature on the login screen on the Website.

Support access

In some cases, it is necessary for our employee or Contractors to access your account and content to diagnose a problem. When you contact our support team, it is implied that you are allowing us to access your account if necessary, to be helpful. If you wish to receive assistance without granting permission to your account, please specify as much in your communication with our support team and those requests will be honored to the extent possible.

Legal compliance and enforcement

If and to the extent we deem it necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigations of a potential violation thereof, (iii) detect, prevent or otherwise address fraud, security or technical issues, or (iv) protect the rights, property or safety of IDARE, its users or the public, we reserve the right to access, read, preserve and disclose any related information or personal data.

Account suspension and termination

We further reserve the right at all times, but have no obligation to, remove or refuse to compile any information or personal data and to suspend or terminate a user’s account. We may suspend or terminate your account(s) or cease providing you with all or part of our services at any time without liability to you for any reason, including, but not limited to, if we reasonably believe:

1. you have violated the Terms of Use,
2. you create risk or possible legal exposure for us, or
3. our provision of our services to you is no longer commercially viable.

We will make reasonable efforts to notify you by email address or by the phone number you have provided us (if applicable).

Inactive accounts

Accounts that are inactive for more than twenty-four (24) months may be removed without prior notice. You acknowledge that these Terms of Use remain in effect even after your account is terminated or you have stopped using the Website.

Website

There are limitations on the use of the Website. These limitations comply with legal requirements and aim to protect our users from abuse and to make the use of the Website the best possible experience for all users. We may need to change these rules from time to time and reserve the right to do so. Any violation of these rules may lead to a temporary or permanent suspension or deletion of your account.

User eligibility

You are only allowed to access the Website if you are entitled to enter into a binding contract with IDARE and are not a person barred from accessing the Website according to applicable law. You undertake to access the Website solely in compliance with these Terms of Use and all applicable rules and regulations. The Website is not directed to any person to whom (by reason of such person’s nationality, residence or otherwise) the publication or availability of the Website is prohibited. Persons to whom such restrictions apply must not access the Website. If you choose to access the Website you are solely responsible for compliance with any applicable laws.

Prohibited conduct

You shall also not use the Website or any information or personal data provided for any unlawful purposes or in furtherance of any illegal activities. Users are required to comply with all applicable local laws, rules and regulations regarding online conduct and acceptable content, including, but not limited to, copyright laws.

You shall not do any of the following while accessing or using the Website:

1. access, tamper with or use non-public areas of the Website (except for your own account) on computer systems or the technical delivery systems of our providers;
2. probe, scan or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
3. attempt to access or search the Website or any information or personal data by any means (automated or otherwise) other than through our currently available, published interfaces; or
4. interfere with or disrupt, or attempt to do so, the access of any user, host or network.

Intellectual property and content use

You shall not reproduce, duplicate, copy, sell, trade or resell the Website content or its design and look or any information derived from the Website. You are not entitled to modify or redistribute the Website content or its design and look or any information or to reproduce, store, link, frame or deep-link it on any other Website or in any other medium or format without our prior express consent. Further, you shall not use the Website for commercial exploitation in any circumstances.

All copyright, trademark, design, database right, patent and other intellectual property right, title and interest in and to the Website will remain the exclusive property of IDARE and its licensors. The elements of the Website, including without limitation the general design and the imagery are protected by copyright, trademark, design, database right, patent and other laws relating to intellectual property rights of both Switzerland and/or foreign countries. Without our prior written consent, nothing in these Terms of Use gives you a right to use IDARE’s name or any of IDARE’s trademarks, logos, domain names or other distinctive brand features. You are not entitled to use the content of the Website for commercial exploitation in any circumstances. In case you breach the terms of this provision, IDARE will have the right to claim damages against you which shall include, without limitation, the right to claim direct, indirect or consequential damages and loss of profits.

User-generated content & privacy

You shall not provide any malicious content intended to damage or disrupt another user’s browser or computer or to compromise any user’s privacy.

You shall not disclose other people’s personal data without their prior expressed consent.

Legal disclaimers and limitations of liability

While we endeavour to ensure the accuracy of the information or personal data provided, to the maximum extent permissible under applicable laws, neither IDARE nor any of its directors, officers, employees, agents, partners, affiliates and licensors may be held responsible for any acts or omissions related to, or errors in, the information or personal data or for any loss or damages which may subsequently arise.

Any information or personal data transmitted via the Website will pass over public telecommunications networks. While IDARE undertakes reasonable best efforts to protect the operation of the Website and any transmission of information or personal data, IDARE does not give any representation, warranty or undertaking that the operation of the Website or any transmission of information or personal data will be secure, uninterrupted or error free.

IDARE and its owners, directors, officers, employees, agents, partners, affiliates and licensors shall in no way be responsible for any decisions you may make based on the use of the Website or consequences of such decisions, even if communicated through the Website or the use of other IDARE services, or the information or personal data provided and shall, to the maximum extent permissible under applicable laws, not be liable for any losses or damages, whether direct, indirect, incidental, special, consequential or punitive, including without limitation loss of profits, data, use, goodwill or other intangible losses, resulting from (i) your access to or use of, or inability to access or use, the Website, (ii) the use of any information, and (iii) any unauthorized access, use or alteration of your transmissions of information or personal data, in each case however they may arise and whether based on contract, tort or any other legal basis, whether or not foreseeable and irrespective of whether IDARE has been informed in advance about the possibility of such damage. To the maximum extent permissible under applicable laws, you hereby waive any claim you may have or acquire against IDARE or any of its owners, directors, officers, employees, agents, partners, affiliates and licensors, and will indemnify and hold IDARE and any of its owners, directors, officers, employees, agents, partners, affiliates and licensors harmless from any claims, proceedings, costs, damages and losses arising out of or in connection with your use of the Website or the information or personal data provided.

The failure of IDARE to enforce any rights or provisions of these Terms of Use shall not be deemed to be a waiver of such rights or provisions.

Third-party links

The Website may contain links to third-party apps, websites, social media platforms, materials or other products and services supplied by or contained on any third-party app, website or social media platform, which are linked from or to the Website (“Third Parties”). Even though you may be able to connect to such Third Parties from the Website, these Third Parties are subject to separate terms of use and privacy policies. IDARE does not accept any responsibility or liability for (i) the availability or accuracy of such Third Parties or (ii) the content, products or services on or available from such Third Parties. Links to such Third Parties do not imply any endorsement by IDARE of such Third Parties or the content, products or services available from such Third Parties. You acknowledge sole responsibility for and assume all risks arising from your use of any such Third Parties.

Changes to the Website or Terms of Use

The form, nature and functionalities of the Website may change from time to time without prior notice to you. Also, we may discontinue temporarily or permanently operating the Website or any features within the Website towards you or towards users generally at any time and may not be able to provide you with prior notice.

We may revise these Terms of Use from time to time. The most current version will be available on our Website. Revised Terms of Use shall become effective from the date of publication on the Website. By continuing to access the IDARE Service and Website after those revisions become effective, you agree to and accept to be bound by the revised Terms of Use.

Governing law and jurisdiction

These Terms and the use of the IDARE Services and Website shall in all respects be governed by substantive Swiss law. Any dispute arising out of or in connection with these Terms of Use and/or the use of the Website shall be subject to the exclusive jurisdiction of the ordinary courts in Switzerland, and you consent to such jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

Entire agreement and severability

These Terms of Use, together with any supplemental rules and regulations, such as the Privacy Policy and the Terms and Conditions (“Terms”), constitute the entire and exclusive agreement between IDARE and you regarding the use of the Website, and shall supersede and replace any prior agreements between IDARE and you regarding the use of the Website. If any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions of these Terms of Use shall remain in full force and effect.