Terms of Use

Effective Date: [12.09.2023]

 Introduction

Welcome to xsight.ch. This website (https://xsight.ch) is operated by Xsight Cybersecurity General, a company organised under Swiss law, with its registered office at c/o Switzerland Innovation Park Basel Area AG, Place des Sciences 2, 2822, Switzerland ("Company", "we," "us," or "our"). These Terms of Use ("Terms") govern your access to and use of the website and any services, features, or content offered by us. By accessing or using the Website, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Website.

Use of Website

1.1. Eligibility: You must be at least 18 years old to use the Website. By accessing the Website, you represent and warrant that you are 18 years of age or older.

1.2. Compliance: You agree to comply with all applicable laws, regulations, and these Terms while using the Website. Additionally, you acknowledge that you are solely responsible for understanding and complying with any local laws and regulations that may apply to your use of the Website.

1.3. Account: Some features of the Website may require you to create an account. You are responsible for maintaining the confidentiality of your account information and are fully responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other security breach.

1.4. User Content: Any content you submit to the Website, including but not limited to comments, reviews, or other submissions, is referred to as "User Content." You retain ownership of your User Content, but you grant us a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, modify, distribute, and display your User Content for the purposes of operating and improving the Website. You understand that your User Content may be visible to other users and the public, and that you are solely responsible for the content you submit.

1.5. Accuracy of Information: While we strive to provide accurate and up-to-date information on the Website, we do not warrant or guarantee the completeness, accuracy, reliability, or suitability of any content. You acknowledge that any reliance on the information provided on the Website is at your own risk.

Intellectual Property

2.1. Website Content: All materials, content, designs, graphics, and logos on the Website are the intellectual property of xsight.ch and are protected by applicable copyright, trademark, and other intellectual property laws. You may not use, reproduce, modify, distribute, or display any content from the Website without our prior written consent. You may, however, download and print a single copy of the content for personal, non-commercial use, provided you keep all copyright and proprietary notices intact.

2.2. Trademarks: "xsight.ch" and our logo are trademarks owned by a relevant entity. You may not use our trademarks without our prior written permission. Any unauthorized use of our trademarks is strictly prohibited.

Prohibited Conduct

3.1. You agree not to:

3.1.1. Use the Website for any unlawful, fraudulent, or malicious purposes.

3.1.2. Interfere with the proper functioning of the Website or attempt to circumvent any security or access controls.

3.1.3. Post or transmit any harmful, offensive, defamatory, or inappropriate content.

3.1.4. Engage in any activity that may disrupt or interfere with the Website or its servers.

3.1.5. Impersonate any person or entity or falsely claim an affiliation with xsight.ch.

3.1.6. Use automated scripts or bots to access, monitor, or interact with the Website, except for standard search engine indexing.

3.1.7. Attempt to gain unauthorized access to any portion of the Website, other users' accounts, or computer systems or networks connected to the Website.

Disclaimer of Warranties

4.1. The Website is provided on an "as-is" and "as available" basis. We make no warranties or representations, express or implied, regarding the Website's accuracy, reliability, or availability.

4.2. We do not guarantee that the Website will be error-free, uninterrupted, or free of viruses or other harmful components. You understand that you download or use content from the Website at your own risk, and you will be solely responsible for any damage to your computer system or loss of data that results from such use.

4.3. Any material downloaded or obtained through the use of the Website is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

Limitation of Liability

5.1. To the maximum extent permitted by law, xsight.ch and its officers, directors, employees, and affiliates shall not be liable for any direct, indirect, incidental, special, or consequential damages arising from your use or inability to use the Website.

5.2. This limitation of liability applies to all claims, whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory, whether or not xsight.ch has been informed of the possibility of such damage.

Indemnification

6.1. You agree to indemnify, defend, and hold xsight.ch and its officers, directors, employees, and affiliates harmless from and against any claims, liabilities, damages, losses, costs, or expenses, including reasonable attorneys' fees, arising out of or in any way connected with your use of the Website, your User Content, or your violation of these Terms.

Third-Party Websites and Services

7.1. The Website may contain links to third-party websites or services. We do not endorse, control, or assume any responsibility for third-party content, privacy policies, or practices. Your use of third-party websites or services is at your own risk.

7.2. You acknowledge and agree that xsight.ch shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

Modification and Termination

8.1. We reserve the right to modify, suspend, or terminate the Website or any part thereof at any time without notice.

8.2. We may also update these Terms from time to time. Any changes to the Terms will be effective upon posting on the Website. Your continued use of the Website after such changes constitutes your acceptance of the updated Terms.

Privacy Policy

9.1. By using the Website, you consent to the collection, use, and disclosure of your personal information as described in our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your personal information.

Governing Law and Dispute Resolution

10.1. These Terms shall be governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of laws principles.

10.2. Any dispute, claim, or controversy arising out of or relating to these Terms, the Website, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of these Terms to arbitrate, shall be determined by the courts of the canton Jura, Switzerland. The parties expressly consent to the exclusive jurisdiction of these courts and waive any objection to venue or inconvenient forum.

10.3. You agree to waive any right you may have to a trial by jury or to participate in a class action.

Modifications to Terms

11.1. We reserve the right to modify these Terms at any time, and such changes will be effective immediately upon posting on the Website. We will notify you of any material changes to these Terms by email or by prominently displaying a notice on the Website. Your continued use of the Website after the posting of changes constitutes your acceptance of the updated Terms.

Termination

12.1. These Terms are effective until terminated by either party. You may terminate these Terms by ceasing all use of the Website.

12.2. We may, at our sole discretion, terminate or suspend your access to the Website and your account, for any reason and without prior notice, including, but not limited to, a breach of these Terms or suspected violation of any applicable law or regulation.

12.3. Upon termination, all provisions of these Terms that by their nature should survive termination shall survive, including, but not limited to, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Entire Agreement

13.1. These Terms constitute the entire agreement between you and xsight.ch regarding your use of the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.

Severability

14.1. If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect to the fullest extent permitted by law.

Waiver

15.1. The failure of xsight.ch to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

Assignment

16.1. You may not assign or transfer these Terms, by operation of law or otherwise, without xsight.ch's prior written consent. Any attempt to assign or transfer these Terms without such consent will be null and void.

Contact Us

17.1. If you have any questions or concerns regarding these Terms or the Website, please contact us at info@xsight.ch or through our registered office at c/o Switzerland Innovation Park Basel Area AG, Place des Sciences 2, 2822, Switzerland.

By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by these comprehensive Terms of Use. These Terms set forth the entire agreement between you and Xsight Cybersecurity General and govern your use of the Website. Please review these Terms regularly, as they may be updated from time to time. Your continued use of the Website following the posting of any changes will signify your acceptance of those changes. Thank you for using xsight.ch!