Effective as of: 16.06.2025
1. INTERPRETATION AND DEFINITIONS
1.1 "Agreement" means these Terms of Use, including all annexures, schedules, and incorporated policies by reference.
1.2 "Platform" refers collectively to the digital ecosystem accessible via the xsight.ch and tech.xsight.ch domains, including all subdomains, application programming interfaces (APIs), cloud-based components, and future technological iterations.
1.3 "Service Operator" denotes the technical administration framework responsible for Platform functionality, which may involve undisclosed third-party technical service providers.
1.4 "User" means any natural or legal person accessing or interacting with the Platform, including through automated means.
2. JURISDICTIONAL SCOPE AND TERRITORIAL RESTRICTIONS
2.1 The Platform's services are strictly limited to the following Permitted Jurisdictions:
- (a) The Swiss Confederation
- (b) Member states of the European Union and European Economic Area
- (c) The United Kingdom of Great Britain and Northern Ireland
2.2 Geographic Access Controls:
- (a) The Platform employs technical measures to restrict access from prohibited jurisdictions
- (b) Any circumvention of geographic restrictions constitutes a material breach of this Agreement
3. ABSOLUTE LIMITATION OF LIABILITY AND RISK ALLOCATION
3.1 No Representations or Warranties:
The Platform is provided on an "as-is" and "as-available" basis. The Service Operator expressly disclaims, to the maximum extent permitted by applicable law:
- (a) All express or implied warranties, including merchantability, fitness for particular purpose, and non-infringement
- (b) Any warranty regarding uninterrupted operation, security, or error-free functionality
- (c) Responsibility for third-party content, services, or integrations
3.2 Total Liability Exclusion:
Notwithstanding anything to the contrary herein:
(a) In no event shall the Service Operator, its technical partners, infrastructure providers, or any affiliated entities be liable for:
- (i) Any direct, indirect, incidental, special, consequential, or exemplary damages
- (ii) Loss of profits, revenue, data, goodwill, or other intangible losses
- (iii) Damages resulting from unauthorized access, use, or alteration of transmissions or data
(b) This limitation applies regardless of the legal theory (contract, tort, or otherwise) and even if advised of the possibility of such damages
3.3 Jurisdictional Carve-Outs:
Where applicable law prohibits the exclusion of certain liabilities, such exclusions shall apply only to the maximum extent permitted by law.
4. MULTI-JURISDICTIONAL DISPUTE RESOLUTION FRAMEWORK
4.1 Choice of Law:
- (a) Swiss Users: Governed by Swiss substantive law, excluding conflict of law provisions
- (b) EU/EEA Users: Governed by the laws of the Republic of Ireland, without regard to its conflict of law provisions
- (c) UK Users: Governed by the laws of England and Wales
4.2 Dispute Resolution Protocol:
All claims shall be resolved through the following escalating mechanism:
- (a) Mandatory good-faith negotiations for at least 60 calendar days
- (b) Mediation administered by the International Chamber of Commerce (ICC)
- (c) Binding arbitration under the London Court of International Arbitration (LCIA) Rules
4.3 Venue and Jurisdiction:
- (a) Swiss Users: Exclusive jurisdiction of the courts of Zurich
- (b) EU/EEA Users: Courts of Dublin, Ireland
- (c) UK Users: Exclusive jurisdiction of the Commercial Court in London
5. INTELLECTUAL PROPERTY AND CONFIDENTIALITY PROVISIONS
5.1 Proprietary Rights:
All Platform components, including but not limited to:
- (a) Source code and object code
- (b) User interface designs and architectures
- (c) Technical documentation and specifications
are protected as trade secrets and copyrighted works under applicable intellectual property regimes.
5.2 Restricted Activities:
Users shall not:
- (a) Reverse engineer, decompile, or disassemble any Platform components
- (b) Create derivative works based on the Platform
- (c) Remove or obscure proprietary notices
6. GENERAL PROVISIONS
6.1 Amendments: The Service Operator reserves the unilateral right to modify these Terms at any time. Continued use after modifications constitutes acceptance.
6.2 Severability: If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
6.3 No Waiver: Failure to enforce any provision shall not constitute a waiver of rights.
6.4 Assignment: The Service Operator may assign its rights and obligations under this Agreement without restriction.
CONTACT INFORMATION FOR LEGAL NOTICES
All formal communications must be directed to:
Use the contact form on our website
Response times may vary based on operational priorities and legal review requirements.