GENERAL TERMS AND CONDITIONS
The Audio-Cult.com platform is owned by UtuLab GmbH (hereinafter referred to as the "Company" or "Company"), located at Gotthardstrasse 9, 6467 Schattdorf, Switzerland. The Platform is a website that allows companies, associations, institutions and private individuals to easily create audio guides and share them with listeners via the Audio-Cult Platform. These Terms of Use apply to all services and offers available on the Platform and all related activities of visitors and users (hereinafter "Visitors" or "Users").
1. ACCEPTANCE OF THE LEGAL CONDITIONS
A. The use of Audio-Cult.com and its products in any way implies acceptance of the Terms and Conditions. The company reserves the right to modify them at any time. Consequently, it is the responsibility of each visitor and / or user to carefully read the valid terms of use on each occasion that he or she accesses this website, and in the event that the user does not agree with any of the terms, refrain from using this website.
B. The Company reserves the right to change or amend these legal terms, in which case the updated terms will be published on the Website. Upon continued use of the Website or the Apps, the User irrevocably accepts the amended or supplemented Terms. If any of the amended or supplemented terms are not agreed to, the User may not continue to use this Website or the Apps.
2. TARGET
A. Through the Website, Users will have access to various content, services, information and data (the "Content") made available to them. The Company reserves the right to change the presentation, configuration and location of the Website and the Content, products and services it provides at any time.
3. ACCESS CONDITIONS
A. Visitors are free to browse the information and services presented on the Website and are not required to register and provide personal information or use keys and passwords.
B. When it is necessary to provide personal data in order to access certain content or services, users guarantee their accuracy, authenticity and validity. The Company will automatically treat this data according to its nature or purpose, in accordance with the conditions indicated in the Privacy Policy section.
4. TERMS OF USE
A. The User agrees to make reasonable use of the Website and the Content and Services in accordance with applicable laws, the legal provisions of the Website, good morals and generally accepted good practices and public standards. The User must refrain from the following:
- Unauthorized or fraudulent use of the Website and/or the Content for illegal purposes or results that are prohibited in these Legal Terms and Conditions, interfere with the rights and interests of third parties, or that may in any way damage, disable, overburden, degrade or prevent the normal use of services;
- Accessing or attempting to access any resources or restricted areas of the Site without meeting the conditions required for such access;
- Reproduce or copy, distribute, make publicly available through any form of public communication, transform or modify any content, except with the express permission of the holder of the relevant rights or as permitted by law;
- delete, hide or manipulate the references to intellectual or industrial property rights and other data identifying the rights of the Company or third parties involved in the content;
The user does not publish on the created audio guide tours any information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings and in general any type of material that:
- in any way violates, disrespects or infringes upon fundamental rights and public freedoms recognized by the Constitution, international law and other forms of legislation;
- Engages in, instigates or promotes acts of a criminal, libelous, defamatory, violent nature or generally contrary to law, morality, generally accepted good practice or public standards;
- Causes, incites or encourages discriminatory acts, attitudes or thoughts based on sex, race, religion, belief, age or condition;
- Includes, makes available or provides access to products, items, messages and/or services that are criminal, violent, offensive or generally contrary to law, morality and generally accepted best practices or public norms;
- Causes or is likely to cause an unacceptable state of anxiety or fear;
- Incites or encourages dangerous, risky, or harmful practices to health and mental well-being;
- is protected by the intellectual or industrial rights legislation of the Company or third parties without having authorized the intended use;
- violates honor, personal and family privacy, or personal reputation;
The above list is only indicative and not exhaustive.
B. The User acknowledges and agrees that any personal information (such as ratings, shared content, etc.) that he or she makes publicly available through the Website or the App will be visible to and may be used by other Users.
C. The User understands that the Website and the Apps aggregate the information provided by several third parties, and therefore accepts that the Company shall not be liable for any inaccuracy, incompleteness or error in the content available on the Website and the Apps.
D. The user acknowledges and agrees that the product is subject to ongoing development and that the product/app will therefore change over time.
E. If the user has activated a paid subscription plan (e.g., Pro or Premium), they will be able to use the services, including active tours and archived tours, as long as they pay the corresponding fees and maintain their subscription. If above-average usage is detected that exceeds the scope of the agreed paid subscription, the company reserves the right to restrict use of the platform and to charge the user for the additional usage as paid usage in accordance with a resource overuse clause. The amount of the fees is based on the actual use of the platform and is based on the paid subscription plans (Pro or Premium). The fees are determined based on the company's current prices.
F. If a user chooses a free subscription plan (e.g., Free), use of the platform is limited to a total of 100 visits (unique visitors). If above-average, commercial, and professional use is detected that exceeds the scope of the free trial version, the company reserves the right to restrict use of the platform and to charge the user for the additional usage as paid usage in accordance with a resource overuse clause. The amount of the fees is based on the actual use of the platform and is based on the paid subscription plans (Pro or Premium). The fees are determined based on the company's current prices.
5. INVOICING AND CANCELLATION
A. The User shall pay the Company the agreed fees.
B. Invoices are generally issued during or up to 3 months after the agreed go-live date for services rendered and license fees, with a payment term of 30 days. Upon request, invoices can also be consolidated for longer periods.
C. Termination of Guide licenses if no license period has been agreed: Monthly license fees are terminable with 30 days' notice to the end of the month. Annual license fees are terminable with 30 days notice to the end of the 12th month.
D. The Company reserves the right to change the Subscription Plans and the price of the Services; however, price changes or changes to your Subscription Plans will be effective no sooner than 90 days after notice to you. If you do not wish to accept the price change or change to your subscription plan, you may cancel your subscription before the change becomes effective.
E. Access to the Services may be suspended or terminated at any time if payments are not made on time. User is responsible for timely payment of amounts due in accordance with the agreed payment terms. In case of outstanding payments, the Company reserves the right to restrict or limit access to the Services. The User will be notified of any arrears and requested to settle them immediately in order to restore full access to the Services.
6. RESPONSIBILITIES
A. The company does not guarantee the continuous access, nor the always correct visualization and possibility of use of the audio guide.
B. The Company may suspend the Service or immediately terminate the relationship with the User if it determines that the use of its Website and Apps or any of the Services offered violates these Legal Terms.
C. The Company provides users with the e-mail address hello@audio-cult.com to report content that may affect the activity of other users and leaves them the opportunity to correct it, if necessary.
D. The Company shall not be liable for any damages, losses, claims or expenses caused by:
- Malfunctions, interruptions, failures, omissions, telephone outages, delays, blockages or interruptions in system operation caused by defects, overloads and errors in the telecommunications lines and networks or by other causes, e.g. a software error;
- Illegal interference through the use of malicious programs of any kind and through any means of communication, such as computer viruses or others;
- improper or inappropriate misuse of the Company's website and Apps;
The administrators of the Company reserve the right to withdraw all or part of any content or information present on the Website and Apps.
E. The Company excludes any responsibility for damages of any kind that may be due to the misuse of the services available online or the use of the Website and Apps.
F. The customer is liable for damages or consequential damages resulting from the use of the audio guide.
G. The Website and Apps may contain links to third-party websites that are not owned or controlled by Company. Company has no control over, and assumes no responsibility or liability for, the content, privacy policies, or practices of any third party websites.
7. INTELLECTUAL AND INDUSTRIAL PROPERTY
A. The user acknowledges and accepts that all trademarks, trade names or distinctive signs, all industrial and intellectual property rights to the content and / or other elements of the user on the website and in the Apps are the exclusive property of the Company and / or third parties who have the exclusive right to use them. Access to the Website and the Apps does not imply in any case a waiver, transfer, license or assignment, in whole or in part, of these rights, unless expressly stated otherwise. Any other use or exploitation of rights requires prior and express authorization specifically granted for this purpose by the Company or the third party owner of the rights concerned.
B. The contents, texts, photos, audios, videos, designs, logos, images, source codes and, in general, all the intellectual creations present on this Website and Apps, as well as the Website as a whole as a multimedia artistic work, are protected as copyrights by intellectual property legislation.
8. OTHER: DATA PROTECTION, REFERENCES
A. In order to use some of the Services, Users are required to provide certain personal data beforehand. For this purpose, the Company automatically processes the personal data in accordance with the General Data Protection Regulation 2016/679 of 27 April 2016. The User acknowledges and agrees to the Privacy Policy presented on this website.
B. The user expressly agrees that the company may use the order as a reference and use it for advertising purposes,press releases and the like. However, no earlier than after the official launch of the customer's audio guide.
9. TERM AND TERMINATION
A. The Website and other available services generally have an indefinite duration. However, Company may terminate or suspend any Services provided to User. When possible, Company will provide notice of the termination or suspension of the service provided.
10. HIGHER VIOLENCE
A. The Company shall not be liable for failure to provide the Service if this is due to prolonged interruptions in the power supply, telecommunication lines, social conflicts, strikes, rebellions, explosions, floods, acts and omissions of the government and, in general, all circumstances of force majeure.
11. APPLICABLE LAW AND PLACE OF JURISDICTION
A. These legal terms and conditions are governed by Swiss law. To the extent permitted by law, the parties agree to be subject to the jurisdiction of the courts and tribunals of the Company's principal place of business by expressly waiving any other jurisdiction to which they may be subject.
October 7, 2022, Audio-Cult.com / UtuLab GmbH
