1. Your relationship with Gridvision
1.1 Your use of Gridvision's products, software, services and web sites (referred to collectively as the "Services” in this document and excluding any services provided to you by Gridvision under a separate written agreement) is subject to the terms of a legal agreement between you and Gridvision. "Gridvision” means Gridvision Engineering GmbH, whose principal place of business is at Erlifeldstrasse 29, 5035 Unterentfelden, Switzerland.
1.2 These Terms form a legally binding agreement between you and Gridvision in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the "Terms".
2. Accepting the Terms
2.1 In order to use the Services, you must firstly agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by Gridvision in the user interface for any Service; or
(B) by actually using the Services. In this case, you understand and agree that Gridvision will treat your use of the Services as acceptance of the Terms from that point onwards.
3. Privacy Policy
3.1 Neither your usage data nor your personal data will be transmitted to Gridvision or third parties without your consent.
4. Appropriate Conduct
4.1 You agree that you are responsible for your own conduct and content while using the Services, and for any consequences thereof.
4.2 You agree to use the Services only for purposes that are legal, proper and in accordance with the Terms and any applicable policies or guidelines Gridvision may make available.
5. Exclusion of Warranties
5.1 The Services are provided "as is" and Gridvision, its Subsidiaries and Affiliates, and its licensors give you no warranty with respect to them.
5.2 In particular, Gridvision, its Subsidiaries and Affiliates, and licensors do not represent or warrant to you that:
(A) your use of the Services will meet your requirements,
(B) your use of the Services will be uninterrupted, timely, secure or free from error,
(C) any information obtained by you as a result of your use of the Services will be accurate or reliable, and
(D) that defects in the operation or functionality of any Software provided to you as part of the Services will be corrected.
5.3 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Services except to the extent that they are expressly set out in the Terms.
5.4 Nothing in the Terms shall affect those statutory rights which you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
6. General Provisions
6.1 Acknowledge that certain Services require phone service, data access or text messaging capability. Except as otherwise noted, Gridvision does not charge for the Services, but carrier rates for phone, data and text messaging may apply.
7. Protective Clause
7.1 If some of the stipulations of this agreement become ineffective or unfeasible the contractucal parties are bound to replace the ineffective or unfeasible stipulations by other effective and feasible stipulations which, from the point of view of business success, come close to the ineffective and unfeasible stipulations to such an extent that it is reasonable to suppose that the contractual parties would conclude the agreement even with this clause. If such a provision cannot be found, the ineffectiveness or unfeasibility of one or more of contractual stipulations do not change the validity of this agreement as a whole unless the ineffective or unfeasible stipulations have such a substantial significance for the agreement that it is reasonable to suppose that the contractucal parties would not conclude the agreement without these ineffective or unfeasible stipulations.