Last updated version: 29.12.2023
Our Platforms include PexaQuote, PexaOS, PexaQuant and any other Pexapark-branded applications, sites, tools or solutions provided under these ToU.
Our Services include Academies, online webinars and events, the provision of digital reports and other Content, as well as any of our services, products and communications that state to be offered under these ToU.
2. Terms of Access
2.1. Acceptance and Duration
You must accept these ToU prior to your first access or use of the Platforms.
Anyone who accesses and/or uses the Platforms, the Services and/or the Content available through them (a User or you) acknowledges having read, understood and agreed to these ToU.
These ToU apply for as long as you access or use the Platforms, the Services and/or the Content.
2.2. Legal Entities
Any use of the Platforms on behalf of a legal entity is deemed acceptance of these ToU by you and by this legal entity. By using the Platforms or creating an Account (section 3.1 ToU) on behalf of a legal entity, you confirm that you are duly authorized to do so and have the capacity to bind this legal entity. In this case, these ToU apply to you and your organization (both referred to as “you” in these ToU).
2.3. Personal Requirements
To use the Platforms or the Services, you must:
- comply with these ToU;
- be an individual who is at least 18 years or of legal age in your country of residence if such age exceeds 18;
- complete the registration process and maintain an active registration using a corporate or company email address. The use of personal email domains (e.g., “gmail.com”, “hotmail.com” and similar) is not permitted; and
- provide the information required during registration, if any, depending on the Services you are using.
In addition, if you use the use the Platforms or the Services on behalf of a legal entity that is a client of Pexapark in connection with the Platforms and/or the Services (the Organization), you must also:
- be and remain (i) an employee, agent or representative of the Organization; and (ii) authorized by your Organization to access and use the Platforms and/or Services;
- have received from us or from your Organization credentials for the registration of your Account (see section 3.1).
2.4. General Restrictions
Depending on the agreement we have with your Organization, the access and use of the Platforms, Services and/or Content may be subject to specific conditions which may vary, such as a technical access restriction, limited number of desktops, markets, locations, users, profiles credentials, named users or other limitations. You shall access and use the Platforms, Services and/or Content strictly in accordance with such conditions.
3. Account, Credentials and Security
Certain features of the Platforms or the Services are only available to users having created a personal account (the Account) and being logged-in to their Account. Accounts may only be created by or on behalf of one single person (either an individual or an entity) and shall be used only by or on behalf of that person. You are not authorized to create multiple Accounts, or to share, sell or buy an Account.
You warrant that all information you provide to us in the registration process or otherwise is true and accurate. You must keep such information up to date at all times.
You shall not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
You are responsible for the quality and confidentiality of your Account credentials and for the use that is made of your Account, including any third party’s use, irrespective of whether you authorized such use or not. You are fully liable for any losses and/or damages that we may incur as a result of any such use. You must immediately notify us of any unauthorized access or use of your Account or of any other breach of security.
You are responsible for procuring at your expenses the equipment and software (computer, software, telecommunication means, etc.) required to access the Platforms, and for the payment of any costs incurred through their use. We reserve the right to specify from time to time minimal technical requirements for accessing the Platforms.
4. License to Use
Subject to your compliance with these ToU, we grant you a limited, non-exclusive, non-transferable, revocable license, without right to sublicense, to access the Platforms, the Services and the Content, for your own personal use.
Unless otherwise expressly agreed by Pexapark, you are expressly prohibited from using the Platforms or the Services on behalf or for the benefit of any third-party. We and/or our licensors reserve all rights to the Platforms, the Content and the Services not expressly granted herein.
4.2. Use of Content
Depending on our agreement with your Organization or the Services’ documentation, you may be allowed to download and save certain Content, such as reports or other materials, that is available on the Platforms. Unless otherwise agreed in writing, any Content made available through the Platforms shall be for your own and internal use only.
4.3. Use of Content for External Use
Depending on our agreement with your Organization or the Services’ documentation, you may be allowed to include and publish Content made available on the Platforms for downloading in your own materials, publications or reports, for external use. This is subject, in each case, to (i) Pexapark’s prior written consent, and (ii) the inclusion an appropriate notice citing Pexapark as the source and copyright holder of such Content.
For clarity, you are not allowed to modify or alter any Content.
4.4. Deletion of Content
Unless otherwise agreed in writing, you shall promptly destroy all Content or data downloaded or otherwise obtained through the Services, as well as any copies of such materials, upon expiry or revocation of the license granted under section 4.1.
5. Restrictions of Use
5.1. Compliance and Restrictions
You must comply at all times with:
- these ToU;
- the agreement between us and your Organization;
- all laws and regulations applicable to your use of the Platforms and the Services.
5.2. Restrictions of Use
Subject to mandatory law to the contrary, you are not allowed to:
- copy, reproduce, frame, mirror, crawl, republish, modify, create derivatives of, any part of the Platforms, the Services and/or the Content;
- attempt to copy, modify, create derivative works from, republish, transmit, distribute, or otherwise make available or disclose to any third party (other than your Organization) any portion of the Services, the Content, the Platforms, or of their infrastructure, except as otherwise indicated in these ToU, or in the agreement with between us and your Organization;
- access the source code of the Platforms, attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Platforms or their infrastructure;
- make any alteration to the Platforms, or insert any malicious software into the Platforms or their infrastructure;
- to circumvent or interfere by any way with security or other technical measures applicable to the Platforms, the Services and your use thereof;
- access or use any part of the Platforms or the Services for the purpose of building a competitive product or service or copying their features or user interface;
- gather the email addresses or other Content available on the Platforms for purposes of spamming or for any non-personal or commercial purposes; and
- allow third parties (other than your Organization) to use any part of the Platforms, Services or Content to which access is restricted.
You must further comply with any additional restrictions set forth by your Organization.
Without limiting our other rights under these ToU, in the event of non-compliance with these ToU, we reserve the right to deny you access to the Platforms, Services and/or Content, suppress your Account (if you have one), and/or suspend the provision of the Services (including any Subscription Services).
The Platforms or the Services may contain tools allowing us to verify your compliance with these ToU.
Subject to your compliance with these ToU, we will provide you with the Platforms and the Services in accordance these ToU and standard professional practice, with the care and diligence required from a supplier of similar services.
Any Content made available to you as part of the Services is licensed to you (and not sold), in accordance with sections 4 (License) and 10 (Intellectual Property).
We reserve the right at any time, without having to specify any particular reason, to temporarily or permanently modify or discontinue the Platforms, any Content or any Service (including any Subscription Services), with or without notice, without incurring any liability.
6.3. Updates and Modifications
You agree and accept that the proper functioning of the Platforms may require you to accept and download updates for further use or access, and you undertake to do so.
If you have an Account, we may, at our sole discretion, temporarily or permanently suspend, cancel or terminate your Account, any information relating therewith, and/or your access and/or use to all or part of the Platforms, with or without notice and for any reason, including, without limitation, breach of these ToU, without incurring any liability.
7. Maintenance, Availability and Support
We may determine at our sole discretion general practices and limits related to the use of the Platforms and/or Services, such as the maximum period of time during which data or content will be stored by the Services, or the maximum storage space that shall be allotted on our servers on your behalf. We reserve the right to change these general practices and limits and anytime, with or without notice.
7.2. Maintenance and Availability
We will continuously seek to identify and attempt to resolve problems which may negatively affect the proper functioning and availability of the Platforms, Services and Content. Although we will use reasonable endeavours to maintain their availability, we do not guarantee that the Platforms, Services and Content will always be available.
if you encounter any problem regarding the Platforms, you may submit a request to our support team at [firstname.lastname@example.org] and we will revert as soon as possible.
8. Data Protection
8.1. Privacy Notice
Our Privacy Notice is accessible at here and describes how personal data is collected through the Platforms and for what purposes. This Privacy Notice, as amended from time to time, forms an integral part of these ToU.
9. Intellectual Property
Subject to section 11 (User Content), we and our licensors own the copyright and all intellectual property rights in and to the Platforms, Services and Content, as well as any data generated through your use of the Platforms or the Services (the Usage Data).
The provision of Platforms, Services and/or Content by Pexapark shall not result in any assignment of any intellectual property rights to you, nor in the granting of any right of use other than the license under section 4.1.
9.2. Usage Data
If the Usage Data contains any non-anonymized data, we shall anonymize such data, including through the services of a third party. You hereby expressly authorize us to do so.
9.3. Third-Party Components
The Platforms and Services may contain Content and/or software components developed, distributed and/or licensed by third parties (Third-Party Components). Such Third-Party Components is licensed to you under the applicable terms and conditions of the respective third-party. We will use our best efforts to identify any Third-Party Components.
Nothing in these ToU restricts, limits or otherwise affects any rights or obligations that you may have, or conditions to which you may be subject, under any applicable open source licenses to any open source software which may be incorporated in and/or provided together with the Platforms.
If you think that the Platforms, the Content or the provision of any Services infringe on any copyright or other intellectual property right, you may at all times contact us at email@example.com and we will investigate your request.
Although we are always appreciative of any suggestion or idea for improving the Platforms or Services (Feedback), we do not undertake to treat as confidential Feedback you may provide to us. Nothing in these ToU or in the interactions between you and us will restrict our right to use, profit from, disclose, publish, keep secret, or otherwise exploit Feedback, without compensating or crediting you.
10. User Content
The Platforms may allow you to upload, publish or transmit content, materials or other data (the User Content). You remain the sole owner of your User Content.
10.2. License to Pexapark
You grant us a license to use your User Consent to the extent required to provide and improve the Platforms, the Content and the Services, as further specified in our agreement with your Organization, these ToU or the Platforms’ documentation.
10.3. Anonymized Use
Provided we anonymize it, we reserve the right to reuse your User Content for other purposes, including for data mining, benchmarking and analytics purposes, for developing and marketing new services, or for providing aggregate technical information to our community of customers and partners. You hereby grant us a worldwide, free of charge, perpetual, irrevocable, transferable, assignable license, with right of sublicense, to use your anonymized User Content, including the right to adapt, copy, and make publicly available such User Content for such purposes.
10.4. Representations and Warranties
You represent and warrant that your User Content, and more generally your use of the Platforms and the Services, will not:
- infringe, or cause a third party to infringe, any applicable laws or regulations;
- infringe any intellectual property right, or other proprietary rights or right of publicity or privacy;
- include any false, incomplete or inaccurate information about yourself, your Organization, or any information about any other individual, company or other legal entity, or be defamatory or trade libelous; or
- be inadequate, of inadequate language, obscene, immoral, contain pornography or otherwise abusive.
10.5. Modification and Suppression
We reserve the right to adjust, refuse or remove any User Content at our sole discretion. You are responsible for retaining a copy of any User Content you provide to us.
11.1. General Limitation
The Platforms, the Services (including any Subscription Services) and the Content are provided to you “as is” and “as available”. To the maximum extent permitted by applicable law, we expressly disclaim, and you waive, all warranties of any kind, whether express or implied, including, without limitation, any implied warranties of fitness for a particular purpose, quality, quiet enjoyment and non-infringement of third-party rights, or availability of the Platforms, Services or Content.
In particular, we make no warranty, express or implied, commitment or representation that (i) the Platforms will meet your needs, (ii) the operation of the Platforms will be uninterrupted, secure or error-free, (iii) the information and Content available on the Platforms will be current, accurate, true or complete, (iv) the Services and results that may be obtained from the use of the Platforms will be accurate or reliable or (v) we will ensure continued compatibility of the Platforms with any third-party products, even if they were compatible at any given moment. You access and use the Platforms and the Services at your sole risk.
Any document or Content downloaded or obtained through the use of the Platforms is at your own risk and you will be solely responsible for any damage to your computer system or loss of data resulting from such downloads.
11.3. Third-Party Content
The Platforms may contain contents provided or maintained by third parties, or links to such contents. These links are provided solely as a convenience to the Users and not as an endorsement by us of such contents. We assume no responsibility or liability in relation therewith.
11.4. User Content
All User Content posted on, transmitted through, or linked from the Platforms (by you or others), is the sole responsibility of the User from whom such User Content originates. We cannot, nor do we undertake to, control the User Content, nor any use of the Platforms by other Users. We do not make any representation or warranty, express or implied, as to the accuracy, timeliness, or completeness of such information and have no liability relating to it, whether arising under intellectual property, unfair competition and price indication laws, libel, privacy, obscenity, or otherwise.
The use of the Internet involves risks, in particular that the data transmitted may be intercepted, altered or deleted. By using the Platforms, you accept these risks. We decline all responsibility in this respect.
You expressly acknowledge and agree that, to the extent permitted by law, we shall not be liable for any direct or indirect damages, including but not limited to damages arising under tort law, loss of profits, loss of use, loss of data or other intangible losses (even if we have been advised of the possibility of such damages) resulting from: (i) the use, unavailability or inability to use the Platforms or the Services, (ii) the unauthorized access to or alteration of your data, (iii) declarations or actions of any third party on or in connection with the Platforms, (iv) the Content available on the Platforms, as well as all linked websites and all documents disseminated on the Platforms, (v) any other cause relating to the Platforms.
Without prejudice to the foregoing limitations, our liability for indirect and/or consequential losses or damages is expressly excluded (including but not limited to lost profit, commercial loss, loss of turnover or profit, loss of customer base, loss of opportunity or the cost of obtaining a substitute product or service), insofar as such exclusion is permitted under applicable law.
You undertake to indemnify and hold us, our partners and employees harmless against any and all liability, loss, damage, claim, penalty, fine, costs and expenses, including but not limited to reasonable attorneys’ fees, resulting from your breach of these ToU, whether or not you are at fault, in particular if you use the Platforms, Services or Content in breach of these ToU.
We may amend these ToU from time to time, in which case you will be notified by any appropriate means (including via e-mail, or via the Platforms, for instance through banners, pop-ups or other notification tools). By continuing to use of the Platforms after any such notification, you agree to be bound by these ToU as amended.
14.2. Severability Clause
If any provision of these ToU is or becomes invalid, unenforceable or non-binding, these ToU shall nonetheless be enforced to the fullest extent permitted under applicable law, and the invalid, unenforceable or non-binding provision shall be replaced by a valid, enforceable and binding provision reflecting to the greatest extent possible the intent of the original provision.
You shall not assign or transfer any of your rights or obligations under these ToU. We may assign or transfer any right or obligation or subcontract the performance of any of our obligations under these ToU to any third party at any time without your prior consent.
14.4. Force Majeure
We cannot be held liable for failure or delay in fulfilling our obligations due to force majeure events such as natural disasters of a substantial magnitude, wars, governmental or official acts, riots, strikes, epidemics or pandemics, or breakdowns of electrical or telecommunications networks. In such event, we will inform you immediately.
14.5. No Waiver
14.6. Any delay or failure by Pexapark to apply or enforce any provision of these ToU, regardless of the frequency and duration thereof, shall not be deemed as a waiver of such provision or these ToU.
15. Applicable Law and Jurisdiction
15.1. Applicable Law
These ToU and the relationship between you and us, shall be governed by Swiss law, to the exclusion of its conflict of laws rules and the Vienna Convention on the International Sale of Goods.
The competent courts at the registered office of Pexapark have exclusive jurisdiction to settle all disputes in connection with these ToU, subject to any mandatory forum prescribed by law. Notwithstanding the preceding, nothing in these ToU prevents us from seeking injunctive relief or any other remedy available at law in any jurisdiction in case of any infringement of our intellectual property rights.
For any questions regarding the Platforms, the Services or these ToU, please contact us at firstname.lastname@example.org.