Terms of use – Sbique for students application

Last updated: 8 October 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 Students. 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 Students. Note that there is a separate terms document for Teachers. 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 Students. 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. Students acknowledge that they do not engage in a lesson with Sbique but instead with the Teacher in question who is not working on Sbique’s behalf. 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 that are meant for new Students. 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.

4. 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.

5. Ratings on Lessons

As a Student, you will be asked to leave a rating for the Teacher after conclusion of a lesson. Leaving feedback or a rating is optional. However, if you do so, you agree that your rating will not be used to artificially raise or lower a Teacher’s rating, commit fraud, spam, insult, harass, threaten, or enact intentional misuse.

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.

6. 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.

7. 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.

8. Payment policy

Sbique does not charge a regular subscription fee but only charges you for the individual lessons that you take with Teachers. The charging is calculated by the minute of the lesson, whereby there is a rounding up to the next full minute (i.e. 29 minutes and 1 second are charged as 30 minutes). There may be a difference of up to 1 minute between the duration that is shown to you during your lesson and the duration that you are charged for – this is due to a different system of time measurement by the provider of the video calling solution. Because of the charging model, Sbique is not able to display the exact price for your lesson before the actual lesson start. Instead, we will provide you with the price that you would need to pay if the lesson had a certain length (“Reference Length”). We will then linearly adjust that amount to the real length of the lesson after you have completed the lesson (which happens when you end the video call). As an example, if we display an amount of USD10 for a 30-minute session and the real session length turns out to be 60 minutes, you will be charged USD20. It is in your sole responsibility to remain aware of the lesson length during the lesson and to remain aware of the associated charge that we will make to your payment method for that lesson length. You acknowledge that the amount that is shown to you as a reference before starting the lesson is only an indication and that you have no claim to that amount being the amount that you will really pay. The real amount that you will pay is solely dependent on the real length of the lesson.

By entering your credit card details in the Application, you allow us to automatically make these charges to your credit card without needing to ask for your explicit consent for every lesson. You are aware that every lesson you start (by starting the video call through your confirmation of the proposed Teacher) will lead to a charge to your credit card and you explicitly allow us to charge your credit card for every lesson. The frequency of payments is solely dependent on the frequency of language lessons that you decide to take.

With reference to promotions from Sbique (e.g. “get 30 minutes for free”), you acknowledge that it is your own duty to make sure that – if you do not intend to pay for a lesson – your balance of free minutes is large enough to cover the duration of your lesson. You acknowledge that you will pay the full lesson price if your balance of free minutes does not cover the duration of the lesson. For instance, this means that when you have a balance of 30 free minutes but take a lesson that takes 31 minutes, you will pay for the full lesson and not just the 1 minute difference.

You acknowledge that your credit card will be charged in the currency that you enter when entering your credit card data (this is also the currency that will be displayed in the reference price before your start the lesson). In case your bank or payment provider charges you a fee for currency conversion, you yourself will have to carry that fee.

You acknowledge that Sbique does not receive the full amount of your payment but only a certain commission fee that is charged for the connection services. The teaching fee that you pay is transferred directly to the teacher.

Charges are solely based on our measurements of your use of our Services, unless otherwise agreed to in writing. We reserve the right to discontinue the provision of our Services to you for any late payments.

All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred.

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.

9. Refunds

You acknowledge and agree that Sbique does not refund the commission fee that it takes for the connection service between Students and Teachers.

As for the actual teaching fee that you as a Student pay to a Teacher, there is in principle no right to a refund because you are only charged for the amount of time that you have spent in a lesson. Since Students can end their lesson at any time and are only charged for the amount of time that has passed until that moment, we have legitimate reason to assume that you have been satisfied with the provided Service up until the time when you decided to end the lesson. This means that you agree that as soon as you stop being satisfied with a lesson, you will terminate the lesson rather than letting it go on for longer and then requesting a refund.

In rare 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. Sbique will 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.

“Friendly Fraud” is when a person initiates a fraud dispute with a payment provider, claiming that their credit card (or other payment method) was not intended to be used. Because Sbique does not offer refunds, Students that disagree with the policy have tried to use friendly fraud to receive a refund.

This type of behavior is illegal and prohibited by all payment providers. Sbique also strictly opposes friendly fraud. If friendly fraud is discovered, the Student’s account will be deactivated and the Student will be noted as a financial security risk.

In the case of honest mistakes, Sbique can reverse the transaction. We strongly advise Students to contact Sbique customer service (contact@sbique.com) to resolve any financial disputes.

10. Circumvention of Sbique

Students agree not to engage in any action or activity meant to circumvent the fees charged by Sbique. In particular, Students will not suggest, solicit, or accept to conduct lessons with Teachers, whom they did not have a teaching relationship with before using Sbique, through any means other than the Sbique App. You are also required to immediately report such suggestions from the side of a Teacher to Sbique (contact@sbique.com). Sbique reserves the right to immediately deactivate your account should you have been reported for such behavior.

11. 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.

12. 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.

13. 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.

14. 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.

15. 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.

16. 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.

17. Contact details

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