DAAily platforms AG

Terms of Use

Version 2.0, valid from 1 June 2022

These Terms of Use govern the relationship between you, the User, and DAAily platforms AG, the provider of digital offerings which it makes available for use.

By using this website and DAAily platforms AG's other digital offerings, you accept these Terms of Use as an integral component of any contractual relationship with us and agree to the following terms and legal information in connection with our products, as well as any third-party services and products offered by us in this context.

Certain digital offerings are subject to specific Terms of Use, which are expressly referred to in the corresponding commercial product quotation. In the event of any conflict between these Terms of Use and the specific Terms of Use, the specific Terms of Use shall take precedence over these Terms of Use.

1. Copyright and other intellectual property rights

All Trademarks, Names, Logos, Images, Photos, Graphics, Designs, Content, Texts (including Advertisements), Layouts, Software and other Materials used in our digital offerings belong to DAAily platforms AG or to authorised third parties. The User may not reproduce (in whole or in part), transmit (by electronic means or otherwise), modify, link into or use for any public or commercial purpose, any such material without our prior written permission.

2. Exclusion of liability

DAAily platforms AG is committed to ensuring the high quality, accuracy and availability of its digital offerings, however, it cannot exclude the possibility of temporary limitations and downtime (service interruptions, troubleshooting, maintenance, etc.). The User's access to and use of the products provided by DAAily platforms AG are at the User's own risk. Any warranty with regard to products provided by DAAily platforms AG and other software provided by DAAily platforms AG is therefore expressly excluded.

Furthermore, DAAily platforms AG's liability for services provided by third parties is excluded. This also applies to links to third-party content and offerings, for whose legality, correctness, completeness and availability, DAAily platforms AG assumes no responsibility or liability. Likewise, DAAily platforms AG is not liable for damage caused by computer viruses and other harmful computer programmes including, but not limited to, malware or spyware.

The liability of DAAily platforms AG (including for our affiliates, employees, representatives and agents) is in any case limited to intentional or grossly negligent breaches of contractual and non-contractual obligations for which we are responsible and which have been proven to us. To the extent legally permissible, the liability of DAAily platforms AG shall be limited in each case to the amount which it has invoiced the User for the purchase of the corresponding chargeable products. DAAily platforms AG is not liable for any consequential damages and/or loss of profit.

3. Other Provisions

Should DAAily platforms AG fail to assert its rights under these Terms of Use, this shall not be deemed to be a waiver of these rights and claims in this regard. If any provision of these Terms of Use is held to be invalid or unenforceable, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a new provision which corresponds to the invalid provision in its economic and legal effect.

DAAily platforms AG reserves the right to amend the provisions of these Terms of Use at any time and at its sole discretion. Such changes will be published by DAAily platforms AG on our digital offerings without delay. It is the User's responsibility to keep themself regularly informed about the currently applicable provisions of the Terms of Use.

4. Applicable law and place of jurisdiction

The exclusive place of jurisdiction for all disputes arising from or in connection with these Terms of Use is Zurich, Switzerland, subject to any mandatory jurisdictions.

Swiss law shall apply to the exclusion of the Swiss Federal Act on Private International Law (PILA) and the Convention on Contracts for the International Sale of Goods (CISG).

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