Terms of use – Sbique for Native Speakers application

Last updated: 7 August 2020

Welcome to Sbique and to the services provided by Sbique GmbH (“Sbique”, “we”, or “us”). This page explains the terms by which you may use our Sbique mobile application for Teachers. Note that on Sbique, we know two kinds of users: “Students”, who seek lessons on the platform; and “Teachers” who are offering their service of giving lessons. Students will invariable use the app called “Sbique”, while Teachers will use the app called “Sbique for Native Speakers”. This agreement applies to Teachers. Note that there is a separate terms document for Students. Note that when we refer to both Students and Teachers, we will refer to them as Members. In the terms at hand, “Application” or “App” will always refer to the app used by Teachers. The term “Service” refers to all services that we offer through our App or website.

We reserve the right to make changes to these Terms on a regular basis. When we do, we will revise the “Last updated” date shown above. It is your responsibility to review these Terms frequently and to remain informed of any changes to them. The then-current version of these Terms will supersede all earlier versions. You agree that your continued use of our Services after such changes have been published will constitute your acceptance of such revised Terms. If you do not agree to any of these terms or any future Terms of Use, you agree that you will not use or access (or continue to access) our Services.

1. Ground rules

Sbique is an online platform for language learning and all activities on the platform should occur to further the goal of language learning.

Sbique is an intermediary platform which is there to connect a Student with a suitable Teacher for a language lesson that is conducted between them. As such, Sbique only provides the venue for Students and Teachers to connect with each and facilitates the matching between them. Sbique is not responsible for what happens as soon as a language lesson is started between a Student and a Teacher. All content, conversations and teaching are between Student and Teacher. Teachers acknowledge that they do not work on Sbique’s behalf or in Sbique’s name but that they provide their teaching services independently and that Sbique only provides the platform that facilitates the connection with Students. SBIQUE HAS NO CONTROL OVER THE CONDUCT OF STUDENTS OR TEACHERS OR ANY SERVICES RENDERED BETWEEN THEM, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Sbique, and in particular the video call and other communication functions, must not be abused for inappropriate behavior. Such inappropriate behavior includes but is not limited to insulting and sexual behavior towards the other party in the video call. In general, you are not allowed to use Sbique to engage in any unlawful or fraudulent behavior or for an illegal or unauthorized purpose. You will not use our Services to: (i) transmit any content that contains unlawful, harmful, abusive, tortious, defamatory, vulgar, obscene, threatening, libelous, harassing, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (iii) transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (iv) harm us or third parties in any way; (v) transmit any content that infringes any patent, trademark, trade secret, copyright, or other right of any party; (vi) transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other forms of solicitation; (vii) transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (viii) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; (ix) intentionally or unintentionally violate any applicable local, national or international law or regulation; (x) “stalk” or otherwise harass another Student or Teacher; or (xi) collect or store personal data about other Students or Teachers.

2. Account registration

In order to access certain features of the Application, and to participate in language learning connection Services on Sbique, you must register to create an account and thereby become a Member.

Sbique may provide you either one or both of the following ways to create an account: a) by creating an account directly on the Sbique service; or b) with certain third-party social networking sites (“SNS”) (including, but not limited to, Facebook and Google). As part of the functionality of the Application, you may link your Sbique Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Sbique through the Application; or (ii) allowing Sbique to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Sbique and/or grant Sbique access to your Third-Party Account without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Sbique to pay any fees or making Sbique subject to any usage limitations imposed by such third-party service providers. By granting Sbique access to any Third-Party Accounts, you understand that Sbique can access, make available and store (if applicable) any content that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Application via your Sbique Account.

Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Sbique Account on the Application. Please note that if a Third-Party Account or associated service becomes unavailable or Sbique’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Application.

PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Sbique makes no effort to review any SNS content for any purpose, including but not limited to for accuracy, legality or non-infringement and Sbique is not responsible for any SNS Content.

Your Sbique Account and your Sbique Account profile page will be created for your use of the Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Sbique Account. In particular, you may not open a multitude of accounts for the sole purpose of benefiting from promotions or to “reset” your rating, should you be unsatisfied with your rating on your original account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Sbique reserves the right to suspend or terminate your Sbique Account and your access to the Services if you create more than one (1) Sbique Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms of Service.

3. Use of Our Service

You may use the Service only if you can form a binding contract with Sbique, and only in compliance with these Terms and all applicable local, national, and international laws, rules and regulations. Any use or access to the Service by anyone who, in their respective jurisdiction, is under the legal age required to form a binding contract in the context of the business that Sbique operates in, is strictly prohibited and in violation of these Terms. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.

You may never use another Member’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account secure. You must notify Sbique immediately of any breach of security or unauthorized use of your account. Sbique will not be liable for any losses caused by any unauthorized use of your account.

By providing Sbique your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out directly in the email message. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

The Service and all materials therein, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all intellectual property rights related thereto, are the exclusive property of Sbique. “Sbique,” the Sbique logo, and any other product or service name or slogan displayed on our Services may not be copied, imitated or used, in whole or in part, without the prior written permission of Sbique. You may not use any metatags or any other “hidden text” utilizing “Sbique” or any other name, trademark or product or service name of Sbique without our prior written permission. In addition, the look and feel of our Services, including all page headers, custom graphics, button icons and scripts may not be copied, imitated or used, in whole or in part, without our prior written permission.

Except as otherwise explicitly provided in these Terms or as may be expressly permitted by applicable law, you will not, and will not permit or authorize any third party to: (i) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our Services or content; (ii) rent, lease or sublicense access to any of our Services or content; or (iii) circumvent or disable any security or technological features or measures of our Services.

You acknowledge that you have no right to being suggested to Students for language lessons. You acknowledge that the decision of which Teacher is suggested to which Student for any lesson request is solely at the discretion of Sbique and that you have no right to an amount of lessons, no matter your ratings or any other attribute.

4. Approval to use Services as a Teacher

You agree that it is at Sbique’s sole discretion to give and also to take back the approval for you to act as a Teacher on the Sbique platform. In the course of the approval process, Sbique may ask you to provide certain references or documents, conduct a test lesson or take other action to display your ability and aptitude to teach. You will not try to mislead Sbique in the process of determining this ability and aptitude

5. License grants

License Grant for Teacher Content to Students

You hereby agree that any user who purchases your Teaching Services will be granted a right to use the content in your Teaching Services solely for personal and noncommercial educational purposes. You acknowledge that all of the Content you submit to the Site is subject to the representations, warranties, license grants and other provisions contained in the Terms.

License Grant for Teacher Content to Sbique

You acknowledge that Sbique may use your content and information about your Teaching Services in marketing, advertising and promotion of our Site or Application in any medium. You also give Sbique permission to use your name as part of marketing, advertising or promotion.

6. Access to our Services

We do not provide you with the equipment to access our Services. You are responsible for all fees charged by third parties related to your access and use of our Services (e.g., charges by Internet service providers).

We reserve the right to modify or discontinue, temporarily or permanently, all or any portion of our Services without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of all or any portion of our Services.

We also reserve the right to terminate your individual account, should we find or suspect that your behavior is in violation of these terms. The Service is not available to any Users previously removed from the Service by Sbique.

7. Relationship between Teachers and Sbique

You acknowledge that you have no employment relationship with Sbique and that Sbique is solely working as a platform that provides you with connection services with Students. You understand and agree that you are solely responsible for determining your applicable tax reporting requirements and obligations relating to applicable taxes for your services. You are also solely responsible for remitting to the relevant authority any taxes included or received. Sbique cannot and does not offer tax-related advice to any Members.

8. Ratings on Lessons

As a Teacher, you will receive ratings from your Students after conclusion of a lesson. Leaving feedback or a rating is optional. You agree that you will not take any action to artificially increase your rating, including but not limited to creating a Student profile and taking lessons with yourself. You also agree that you will not try to influence the decision of your Students on which rating they will give you. You will not commit fraud, spam, insult, harass, threaten, or enact intentional misuse towards Students.

You agree to report violations or abuses of our rating and feedback system immediately by contacting Sbique, and agree not to take any actions that undermine the integrity of the rating system.

9. Feedback

We may provide you with a mechanism to provide feedback, suggestions, and ideas, if you choose, about our Services (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Sbique does not waive any rights to use similar or related ideas previously known to Sbique, or developed by its employees, or obtained from sources other than you. You agree that we may, in our sole discretion, use the Feedback you provide to us in any way, including in future enhancements and modifications to our Services. You hereby grant to us a perpetual, worldwide, fully transferable, sublicensable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute, and display the Feedback in any manner any for any purpose, without in any media, software, or technology of any kind now existing or developed in the future, without any obligation to provide attribution or compensation to you or any third party.

10. Links

The Application may contain links to third-party websites or resources. You acknowledge and agree that Sbique is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Sbique of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products or services on or available from such websites or resources.

11. Payment policy

The payment model of Sbique works on a “charge-by-the-minute” basis. This means that the amount of money you earn increases with the amount of lessons you teach but also with the length of lessons you teach. All lesson lengths are rounded up to the next full minute. Because of this charging model, Sbique is not able to display the exact fee that you will receive for giving a lesson before the actual lesson start. Instead, we will provide you with the amount that you would receive if the lesson had a certain length (“Reference Length”). This amount will then be adjusted to reflect the real length of the lesson after you have completed the lesson (which happens when you end the video call). It is in your sole responsibility to remain aware of the lesson length during the lesson. You acknowledge that you have no right to being paid the amount that has been shown to you as a reference before starting the lesson as an indication and that the real amount that you will be paid is solely dependent on the real length of the lesson.

Sbique does not keep the payments that owed from the Student to the Teacher. Rather, the Student pays the Teacher directly through our payment services provider Stripe. Sbique automatically takes a part of this fee as a commission for its intermediary services. This commission is at 10% of the amount that is owed by the Student. This means that the Teacher automatically receives 90% of the amount that is owed by the Student and this money does not go through Sbique. However, from the amount that the Teacher is paid, the Teacher automatically pays the fees to Stripe. At the time of the last update of these Terms, these fees amount to CHF0.3 (i.e. 30 Rappen) plus 2.9% of the full transaction amount. However, these fees are subject to change and Sbique does not take any responsibility for a fee change. Teachers will remain obligated to automatically pay the fee to Stripe also after a fee change on the side of Stripe.

Because of this variable component of the fees owed to the payment provider, the effective percentage of the fee that the Teacher receives is variable and increases with the length of the lesson. This means that the longer the lesson a Teacher gives, the lower the percentage, but not the absolute, total fee that is charged.

The amount of money displayed to a Teacher before the call (the amount that considers the Reference Length), is the net amount that the Teacher will receive on their Stripe account, after payment of the commission fee to Sbique and of the payment fee to Stripe.

To exemplify the previous paragraphs, we look at a situation in which a Student has the pay an hourly price for a lesson of CHF18. Before the lesson, the Student enters a Reference Length of 30min, however the actual length of the lesson turns out to be 1h. Considering the Reference Length, the Teacher would be shown that they will receive CHF7.54 for the 30min lesson (i.e. CHF9 for the 30min lesson; minus CHF0.9 as the 10% commission fee paid to Sbique; minus CHF0.56 as the payment to Stripe (CHF0.3 fixed fee plus 2.9% of the 9CHF total lesson fee)). However, since the real lesson length turns out to be 1h, you will actually receive an amount of CHF15.38 (i.e. CHF18 for the 1h lesson; minus CHF1.8 commission fee paid to Sbique; minus CHF0.82 as the payment to Stripe (CHF0.3 fixed fee plus 2.9% of the 18CHF total lesson fee)).

You acknowledge that lessons with a length of up to 2 minutes will not be remunerated, meaning that you will only start receiving any payment if your lesson exceeds the length of 2 minutes.

You acknowledge that lessons are charged in the currency of the Student and that if that currency differs from the currency of your Stripe account, Stripe will convert the fee at their own conversion rate. You accept that your payment will be converted at the rate used by Stripe.

You affirm that you will not take advantage of the minute-based charging system by trying to create technically longer lessons than given in reality. This means that if you notice that a Student or yourself have technical issues and you find yourself in the video call alone, you will leave the video call after a reasonable amount of time in order to ensure that the lesson length is not artificially increased beyond the time that is really spent teaching and learning.

You acknowledge that your Stripe account is fully personal and that Sbique does not have any liability regarding the funds that you have in your account. Any fees that you may have to pay (e.g. for payouts or currency conversion) through your Stripe account have to be fully carried by yourself. These fees are not under Sbique’s control, and Sbique disclaims all liability in this regard.

Charges are solely based on our measurements of your use of our Services, unless otherwise agreed to in writing. Sbique therefore has to sole authority to determine the exact length of the lesson and derive the according payment amount.

Nothing in these Terms obligates Sbique to extend credit to you or any third party. You acknowledge and agree that any credit card and related billing and payment information that you provide to us may be shared by us with companies who work on our behalf, such as third-party payment processors and/or credit agencies, solely for the purposes of checking credit and effecting payment to us and to Sbique Teachers. We may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. We shall not be liable for any use or disclosure of such information by such third parties.

12. Refunds

In cases where a legitimate dispute occurs between a Student and a Teacher about a potential refund of the teaching fee, there will be a dispute judgment done by Sbique. Sbiquewill review any evidence and submitted materials pertaining to the dispute and make a final ruling. You agree that Sbique has the authority to make this final ruling and thereby to decide on the amount (if any) that should be refunded. Sbique can then initiate the (partial or full) refund from your Stripe account back to the Student. You give Sbique the authority to perform this refund up the full amount that you have received from a Student. Should the refund of the payment not be possible, you give Sbique the right to withhold your teaching fees from future lessons to effect the reimbursement.

We strongly advise Teachers to contact Sbique customer service (contact@sbique.com) to resolve any financial disputes.

13. Circumvention of Service Fees

Teachers agree not to engage in any action or activity meant to circumvent the fees charged by Sbique. In particular, Teachers will not suggest, solicit, or accept to conduct lessons with Student, who they did not have a teaching relationship with before teaching them on Sbique, through any means other than the Sbique App. You are also required to immediately report such suggestions from the side of a Student to Sbique (contact@sbique.com). Sbique reserves the right to immediately deactivate your account should you have been reported for such behavior and to refund lesson fees that have occurred after the behavior. In particular, Students who receive a suggestion from Teachers to circumvent the Sbique App, have the right to demand a full refund of the lesson in which the suggestion was made.

14. Privacy policy

We may collect registration and other information about you through our Services. Our collection and use of this information are governed by our Privacy Policy, available to you here. We care about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

15. Accessing and Downloading the Application from the Apple Store

The following applies to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”):

  • You acknowledge and agree that (i) these Terms are concluded between you and Sbique only, and not Apple, and (ii) Sbique, not Apple, is solely responsible for the Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Services.
  • You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
  • In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Sbique and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Sbique.
  • You and Sbique acknowledge that, as between Sbique and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  • You and Sbique acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Sbique and Apple, Sbique, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
  • You and Sbique acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
  • Without limiting any other terms of these Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

16. Disclaimer of Warranties

YOUR USE OF THE SERVICES AND THE SERVICE CONTENT IS AT YOUR SOLE RISK. THE SERVICES AND THE SERVICE CONTENT EACH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE AND OUR SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICES OR ANY SERVICE CONTENT, AND YOU RELY ON THE SERVICES AND SERVICE CONTENT AT YOUR OWN RISK. ANY MATERIAL THAT YOU ACCESS OR OBTAIN THROUGH OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PHONE OR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH OUR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

SBIQUE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND SBIQUE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SBIQUE, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF OUR SERVICES AND SERVICE CONTENT. UNDER NO CIRCUMSTANCES WILL SBIQUE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SBIQUE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF US AND OUR SUPPLIERS AND LICENSORS OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES AND SERVICE CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNTS, IF ANY, THAT YOU HAVE PAID TO US FOR YOUR USE OF THE SERVICES AND SERVICE CONTENT. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

18. Indemnity

You will indemnify and hold us, our suppliers and licensors, and our respective subsidiaries, affiliates, officers, agents, employees, representatives, and assigns harmless from any costs, damages, expenses, and liability arising from (i) your use of the Services, including any data or content transmitted or received by you; (ii) your violation of these Terms; (iii) your violation of any rights of a third party ; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your content or any that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.

19. Legal Notices

Governing Law: The Terms of Service are governed in all respects by the laws of Switzerland without giving effect to any principle that may provide for the application of the law of another jurisdiction. You agree that any claim or dispute you may have against Sbique must be resolved by a court located in Switzerland. You hereby submit to the personal jurisdiction of the courts located within Switzerland for the purpose of litigating all such claims or disputes. Any cause of action you may have with respect to this Application must be commenced within 30 days after it arises, or the cause of action is barred.

Entire Agreement/Severability: These Terms, together with any amendments and any additional agreements you may enter into with Sbique in connection with the Service, shall constitute the entire agreement between you and Sbique concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

No Waiver: Our failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. In the event that a court of competent jurisdiction finds any provision of these Terms to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect.

20. Contact details

Sbique is located at Erlachstrasse 22, 8003 Zurich, Switzerland. You can contact us at any time under contact@sbique.com.