GTC

General Terms and Conditions of UltraSwiss AG

1. Scope of application

The subject of these General Terms and Conditions (hereinafter referred to as "GTC") is the relationship between UltraSwiss AG and the users (hereinafter referred to as "Users") of services and products offered by UltraSwiss AG (hereinafter referred to collectively as "Products").

These GTC are binding for all Users. By using the Products, Users accept these GTC. They become an integral part of every contract concluded between the Users and UltraSwiss AG (hereinafter also referred to as "us/our"), unless otherwise agreed between the parties.

2. Use of the Products

The Products are intended solely for personal, non-commercial use by natural persons for private purposes. Users may retrieve and display our Products on a computer screen or mobile device, print individual pages on paper and save such individual pages electronically on your computer or mobile device for personal, non-commercial use. Likewise, our Products may only be used on devices intended for this purpose for personal, non-commercial use.

Our Products are generally available around the clock and are subject to ongoing changes and adjustments. We also reserve the right to restrict access temporarily or permanently for technical or other reasons.

3. Content created by Users on our Products

Our Products may provide interactive functions (forums, blogs, etc.) which allow Users to exchange information with us and other Users about the Products (texts, photos, etc.) and to make comments or other messages (hereinafter "contributions"). We do not (systematically) check the content of such contributions. However, we expressly reserve the right to delete, move or change Contributions and to block access to interactive functions at our exclusive and free discretion.

Each User is responsible for the content of his contributions and is obliged to comply with the respective applicable rules for the use of the interactive functions. In particular, announcements, links or other publications are not permitted and each Contribution must be refrained from which:

are obscene, racist, homophobic or sexist in content or contain any other form of hate speech;
infringe the copyrights of third parties;
are defamatory or otherwise unlawful or immoral and may give rise to a legal dispute or a breach of court-ordered precautionary measures;
are offensive or contain threats or in any other form constitute a personal attack on our employees;
have no relation to the Products with which the respective interactive function is associated;
contain any kind of advertising for services or goods (including spam);
contain recommendations to buy or boycott;
to repeat contributions already made within the framework of the interactive functions;
Misleads you to infer the identity of the author, writer or sender of any communication or otherwise creates the appearance of an affiliation with any person, entity or company (including, for example, us and our employees) in a manner that is untruthful or misleading;
contain software viruses or files, software or devices that are capable of impairing, interrupting or destroying the functionality of our digital offerings;
Collect and store personal data;
and/or block or restrict the access of other Users of our digital offerings.
Every User is obliged to fully indemnify us against all claims of third parties which are asserted against us on the basis of contributions written by him or her (including any lawyer's fees and court costs), and bear sole responsibility for any legal consequences of his or her contributions. Furthermore, we reserve all rights in the event of misconduct.

By using an interactive function, the User grants us the temporally and spatially unrestricted, irrevocable and gratuitous, non-exclusive right to store, reproduce, modify, translate, make accessible and forward his or her contributions in whole or in part in any (also future) form, as well as to grant these rights to third parties.

Contributions by our Users are not considered Products, but exclusively statements by our Users. Any liability on our part for contributions by our Users is excluded. It is not possible for us to check all Contributions for their legality and compatibility with these GTC. Should a contribution violate your rights, please inform us immediately via the contact form.

4. Data protection

Users' data is protected strictly within the framework of the legal provisions on data protection applicable in Switzerland.

We use the data provided to us by the Users as well as the data collected by us within the framework of our Products in accordance with our Privacy Policy, which forms an integral part of these GTC.

5. Copyright and other intangible rights

We reserve all copyrights and other intellectual property rights with regard to the Products including layout, software and their contents. In particular, the publication, modification, offering, sale, duplication, as well as distribution, making perceptible, sending, renting and licensing of the editorial and other contents of us (texts, tables, images, videos, graphics, programs and other services and media offers) is only permitted with our express consent. Furthermore, the production, transfer and/or sale of second-hand works is not permitted. It is prohibited to display our web pages or their contents in whole or in part by means of technical aids (e.g. "framing"). The whole or partial exploitation of advertisements (incl. feeding into online services) is prohibited.

The linking and forwarding/sharing of content with third parties is permitted within the scope of the functions provided for in the Products and within the permissible scope of use pursuant to section 2.

6. Liability

Although we are committed to ensuring the high quality, accuracy and availability of our Products, we cannot exclude the possibility of temporary restrictions and outages (interruptions in service, troubleshooting, maintenance work, etc.). The Users access and use the Products at their own risk. Any warranty with regard to our Products and other software provided by us is therefore expressly excluded.

Furthermore, our liability for services provided by third parties is excluded. This also applies to links to third-party content and offers, for whose legality, correctness, completeness and availability we assume no responsibility or liability. We are also not liable for damage caused by computer viruses and other harmful computer programs such as malware or spyware.

Our liability (including for our affiliated companies, employees, representatives and vicarious agents) is in any case limited to intentional or grossly negligent breaches of contractual and non-contractual obligations for which we are responsible and which have been proven to us. Our liability for consequential damages and lost profits is excluded.

7. Other provisions

Should we fail to assert our rights under these GTC, this shall not be deemed a waiver of the assertion of our rights and claims in this respect. Should individual provisions contained in these GTC be declared invalid or unenforceable, this shall not prevent the validity of the remaining provisions. The invalid provision shall be replaced by a new provision which corresponds to the invalid one in its economic and legal effect.

We reserve the right to amend the provisions of these GTC at any time and at our sole discretion. Such changes will be published by us on our Products without undue delay. It is incumbent upon Users to regularly inform themselves of the currently applicable provisions of the GTC and the Privacy Policy.

8. Applicable law and place of jurisdiction

These GTC and all related actions are governed exclusively by Swiss substantive law, excluding the conflict of laws provisions of Switzerland and the Users' place of residence.

Subject to deviating mandatory legal provisions, the sole place of jurisdiction for all disputes in connection with these GTC and the privacy policy shall be Baar.

Baar, Switzerland, 12 December 2022

GTC

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