Terms of Use

YOU ARE REQUIRED TO READ THESE TERMS AND CONDITIONS OF ACCESS (“TERMS”) BEFORE ACCESSING THE Archlet Platform AVAILABLE VIA software as a service (“SaaS”). In consideration of being granted the right to access and use the Archlet Platform and SaaS, you (“you” or “your”) agree to these Terms. All use of the Archlet Platform and SaaS is subject to these Terms, including but not limited to the Limitation of Liability set out below. Archlet may, from time to time, modify these Terms and therefore it is recommended that you review the Terms each time you access this SaaS. By selecting “I accept” at the bottom of this message, you acknowledge that you have read, understand, and accept these Terms, and that you agree to be bound legally by these Terms. If you do not agree with these Terms, you are not granted permission by Archlet to access the Archlet Platform. In such case, please click “I reject” and promptly return and/or delete any materials related to this Archlet Platform and the SaaS that you have received from Archlet or that you have in your possession. In the event of any modification to these Terms, you will be required to make the selection of “I accept” or “I reject” again.

1. These Terms provide to you a revocable, limited, non-exclusive, non-transferable, and non-sublicensable license to access or use the Archlet Platform and SaaS made available through this link, conditioned on your continued compliance with the Terms.

2. You will be solely responsible for: (i) ensuring your user account(s) information, user name(s) and password(s) are kept confidential; (ii) all activities, damages and losses that occur in relation to your account(s), even if access or use of such account(s) is not known to or authorized by you; (iii) the accuracy, quality, integrity, legality, reliability, and appropriateness of the data you entered into the Archlet Platform and SaaS; and (iv) complying with all applicable international, local, state, and federal laws in using the SaaS. If you suspect there is any loss or disclosure of any password or unauthorized use of your account(s), you will immediately notify Archlet. Archlet may suspend or revoke access to the Archlet Platform and SaaS without liability to you at any time without notice and without cause.

3. You may not use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit any data provided through the Software in any manner not expressly permitted by these Terms.

4. You may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use the Archlet Platform and SaaS in any manner not expressly permitted by these Terms.

5. You may not (i) use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Archlet Platform and SaaS or in any way reproduce or circumvent the Archlet Platform or SaaS to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Archlet Platform and SaaS, (ii) attempt to gain unauthorized access to any portion or feature of the Archlet Platform or the SaaS, including, without limitation, the account of another user(s), or any other systems or networks connected to the Archlet Platform or the SaaS or to any Archlet systems, by hacking, password “mining,” or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of the Archlet Platform and SaaS or any network connected thereto, nor breach the security or authentication measures on the Archlet Platform and SaaS, or any network connected thereto, (iv) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Archlet Platform or the SaaS, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Archlet Platform, the SaaS or Archlet’s systems or networks or any systems or networks connected thereto, (vi) use any device, software, or routine to interfere with the proper working of the Archlet Platform and the SaaS or any transaction conducted on the Archlet Platform and the SaaS, or with any other person’s use of the Archlet Platform and the SaaS, (vii) use the Archlet Platform and the SaaS to harvest or collect e-mail addresses or other contact information; (viii) market, co-brand, private label, separately distribute, resell, or otherwise permit third parties to access and use the Archlet Platform and the SaaS (or any part thereof) without Our express, separate, and prior written permission, (ix) usethe Archlet Platform and the SaaS in violation of any applicable International, foreign, federal,state or local law, regulation or rules.

6. You agree that you will not use the information provided via this Archlet Platform and the SaaS for illegal purposes, or in any manner inconsistent with these Terms. You will not hack or attempt to hack the Archlet Platform and the SaaS, inject any form of computer viral material or any other detrimental substance into the Archlet Platform and the SaaS, or perform any unauthorized activities against or in the Archlet Platform and the SaaS.

7. Archlet may collect information about your access to the Archlet Platform and the SaaS. You understand, acknowledge, and agree that the operation of the Archlet Platform and the SaaS may require the submission, use, and dissemination of various personal identifying information. Accordingly, if you wish to access and use the Archlet Platform and the SaaS, you acknowledge and agree that your use thereof will constitute acceptance of Archlet's personal identifying information collection and use practices.

8. The Archlet Platform and the SaaS and any information provided via this Archlet Platform and the SaaS, including but not limited to text, graphics, images, software, copyrights, trademarks, service marks, logos, and brand names (“Content”), is protected under both Swiss and foreign laws, and Archlet or our affiliated entities retain all right, title and interest in and to the Content, all copies thereof, and all copyrights and other proprietary rights therein. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained on the SaaS or our website.

9. Should any provision of these Terms be declared invalid or unenforceable by a court of competent jurisdiction, such decision will not affect the validity or enforceability of any of the other provisions of these Terms of Use, which other provisions will remain in full force and effect, and the application of such invalid or unenforceable provisions to persons or circumstances other than those as to which it is held invalid or unenforceable will be valid and be enforced to the fullest extent permitted by law.

10. You represent and warrant that you are duly authorized to accept the Terms and legally bind your organization to these Terms.

11. These Terms shall be governed by and construed in accordance with the substantive laws of Switzerland (not giving effect to the provisions thereof relating to conflicts of law and under exclusion of the United Nations’ Convention on Contracts for the International Sale of Goods). The Courts of Zürich, Switzerland shall have exclusive jurisdiction.

These Terms and your right to access the Archlet Platform and the SaaS will take effect at the moment you login, and is effective until terminated as set forth below. Your right and access to the Archlet Platform and the SaaS will terminate at the termination of these Terms. These Terms will terminate automatically if you reach out to us and tell us that you reject. In addition, Archlet reserves the right at any time and on reasonable grounds, without notice, to deny your access to the Archlet Platform and the SaaS or to any portion thereof or to terminate these Terms in order to protect our name and goodwill, our business, and/or other users, or if you fail to comply with these Terms. Denial of access will be effective without notice. By logging in, you agree that you have read, understood, and accept these Terms (if not otherwise contractually specified) and that you have read and understood our Privacy Note related to Archlet's use of your personal data.

November 2020, Version 0.2