1. Scope of application
These general terms and conditions apply to all legal relationships associated with the services offered at http://www.brixel.io (website), which are established between the visitors to this website or the users of these services and Brixel AG (provider).
2. Subject of the agreement
The provider provides a service that offers a user who has created a user account at means of generating websites, conducting searches, offering services, communicating with other users and placing orders for services offered or third party integrations.
3. The user’s duties and obligations
The user undertakes an obligation to comply with the applicable statutory requirements when using the offered services or visiting the website. The user also undertakes an obligation to enter correct data when creating his user account and to keep this data up to date.
4. User’s rights
The user shall be entitled to use the offered services free of charge. He may delete the websites and profiles that he has created, or his entire user account, at any time.
5. Term of the agreement
The user may open or delete a user account at any time. Having opened a user account, the user must activate the account.
The provider may suspend, change, restrict or upgrade the services at any time, in which case the user shall receive advance notification.
The provider may delete the accounts of users who do not use their accounts for longer than two years. The provider shall also be entitled to disable or delete user accounts containing illegal material or the accounts of users, who break the law in any way whatever when using the services.
The provider enables the placement of third-party advertising on the platform. The provider assumes no responsibility whatever for the event that a user enters into an agreement with any of the companies or individuals who advertise on the platform.
Products, services and third party integrations
7. Software as a Service-Contract
7.1 Object of contract
The provider (BrixelAG) offers Software as a Service-Products and Services and Thrid Party Integrations on the internet platform www.brixel.io for its customers.
Object of this contract is the offering of software and services by the provider for the use on the internet platform www.brixel.io and the storing of customers data (Data-Hosting).
7.2 Use of software
During the contract period the provider is offering software and services to the customer on the internet platform http://www.brixel.io in return for payment. The provider monitors the functionality of the software and eliminates all software errors in accordance with the technical possibilities. The provider continuously develops the software further and will improve it with updates.
7.3 Rights of use for the software and services
The provider grants the customer the non- transferable and non-exclusive right to use the mentioned software in this contract during the period and as part of the SaaS contract . The customer does not have the permission to offer this software to third parties for free or in return for payment. The customer agrees that any contractual relationships he has excludes the free use of the software by third parties.
7.4 Data-Hosting and Access
The provider hosts the data of the customer on a server. The provider is responsible that the data is accessible through the internet platform www.brixel.io. The customer is obligated not to store any data on the internet platform www.brixel.io which offend any law or agreements with third parties. The provider is obligated to take appropriate measures against data loss and unauthorized access by third parties to the customer’s data. The provider will perform daily backups. The customer remains in any case the solely owner of his data and can therefore at any time, especially after termination of the contract, demand the return of any or all of the data, without a right of retention by the provider. The transfer of the data to the customer is carried either by transfer of data carriers or by sending it via a data network. The customer has no right to receive the software for an appropriate use of that data.
7.5 Customer support
The Provider will answer to customer requests (by email, phone or in-app chat) concerning the use of the software and services related to this contract during the business hours from Monday to Friday 9am-12am and 1:30pm-5pm as soon as possible by email, phone or in-app chat. The provider, customer support or technicians of Brixel may impersonate an user account to access the users data related to a support request from that user.
7.6 Limitations of accessibility
Adaptations, changes and additions concerning the services stated in the contract and actions to inspect and fix malfunctions, will only lead to temporary interruptions or limited accessibility if these are indispensable. The supervision of the core functionality of the SaaS-Services is done on a daily basis. The maintenance of the software and the services is done in general from Monday to Friday 9am-6pm. In case of severe malfunctions – the use of the software and services is not possible any longer or seriously limited – the maintenance will start 2 hours after knowing or receiving the information from the customer. The provider will inform the customer about the maintenance work timely and conduct them as quickly as possible.
7.7 Customer obligations
The customer is obligated to prevent access from unauthorized third parties to the software and services by taking the appropriate measures.
The customer himself is responsible for the input and care taking of its data and information for the use of the software and services. The customer must create an “user identity” and generate a password to use the service of Brixel. The customer is obligated to keep his “user identity” and the password secret and not make it accessible to unauthorized third parties.
The customer is obligated to pay the single, monthly or yearly fee (see figures 7.10) to the provider for the use of the software services and the data hosting. The provider is entitled to change the fees and upgrade the services and will therefore transmit these changes in a written notification to the customer with an announcement deadline of 1 month, if these changes are appropriate for the customer. Basis and reason for such changes are technical improvements and advancements of the software and services. If the customer is not willing to continue the contract under these new conditions he is allowed to resign from the contract without notice as soon as the new fees apply.
7.9 Warranty and liability
The provider ensures the functionality and availability of the software and services. The customer is obligated to dismiss the provider from any third party claims and pay him the costs caused by a possible violation of rights based on the data entered by the customer. The provider is entitled to block the software and services if there is a justified suspicion that the saved data from the customer is against the law violating any third party rights. A justified suspicion of a law violation is given when the provider is informed about by a court, a public authority or any other third party. The provider is obligated to inform the customer about the blockage and the reason for it. The blockage will be suspended once the suspicion is invalidated.
7.10 Subscription periods and pricing for the products and third party integrations
The services obtainable in the SaaS contract BRIXEL PREMIUM is available as a monthly or yearly subscription. The price for the monthly subscription amounts to CHF 249.00 per month and can be invoiced on a monthly or a yearly basis.
7.11 Extension, termination and cancellation
The SaaS contract (as monthly subscription or as annual subscription) is automatically renewed after the expiration of the subscription time by a further period of one month or of one year. The customer will be informed timely by the provider via email about the automatic renewal. The contractual relationship starts with the registration by the customer and can be terminated by either party at any time until the expiration of the current term. The immediate termination of the contract by the provider is then possible if
1. the customer goes bankrupt or when the customer has a delay of one month with his payment obligations and if he has been reminded without success despite a grace period of two weeks, and under threat of contract termination
2. if the customer has violated any law, has made a criminal act or has made an ethically questionable action while using the software and services
7.12 BESTIMATE® property estimation
BESTIMATE® is a property-estimation product offered by Brixel for free. It uses comparative market data from real transactions based on property type, ZIP, location and living space. BESTIMATE® is developed with a leading real estate data and consulting company in Switzerland. Brixel offers the BESTIMATE® estimation as a free price indication service for the user. The use is limited to 3 free Bestimate® estimations per user and year.
Brixel is not accountable for any price stated by the user for his property published and sold on the Brixel platform.
8. Intellectual property
8.1. Relating to the platform and services
The provider reserves all rights to the website and to the provided services.
8.2. Relating to created content and profiles
The profiles are the intellectual property of the user who created them. The user gives the provider authority to store and use the data and products, which have been made available to him and stored for him, to the extent necessary in order to provide the service. The data may also be used in the event that the service is upgraded.
9.1. The provider’s liability
The provider assumes no liability for damages incurred by the user as a result of using the platform unless such damages can be attributed to gross negligence or wilful intent. The user is responsible for ensuring adequate antivirus protection; the provider assumes no liability whatever for any viruses transferred within the framework of using the website or services.
9.2. The user’s liability
The user assumes liability for all data uploaded under his user account, particularly in the event that he contravenes any property rights or breaks any laws etc.
The provider gives no guarantee regarding the correctness of the platform content or the websites created by the user. Neither can he guarantee unobstructed access to or availability of the service.
11. Data security
The provider implements appropriate measures to ensure that the data stored on his facilities is protected against unauthorised access. However, the user assumes responsibility for the strength and security of his own password.
12. Data protection
The data protection regulations that apply in Switzerland, particularly including the Swiss Data Protection Act, apply to the data disclosed and/or stored when visiting the website and using the services.
The provider shall only use the data entered by the user or stored during registration for and use of the services for the purpose of providing the services. The user consents to the provider having such data processed by a third party where the provider deems this to be expedient for provision of the services. The provider shall ensure that such third parties comply with the requirements imposed by Swiss data protection legislation.
13. Ban on Republication
The elements and all information offered on http://www.brixel.io may only be used freely and without charge for browsing purposes for personal consumption. By accessing www.brixel.io, the user expressly agrees not to copy, publish or provide access to the elements and information offered, in any form whatsoever, particularly on the World Wide Web. All elements, i.e. information, data and layouts on www.brixel.io, are the exclusive and comprehensive property of Brixel AG. (in particular, copyrights and other rights) unless specified otherwise. The user must therefore obtain the prior written consent of Brixel Ltd., without exception, for any republication of elements in any medium whatsoever, in particular for providing public access to these elements on a URL other than http://www.brixel.io.
14. Final provisions
14.1. Applicable law and place of jurisdiction
Swiss law shall apply to the legal relationship between the user and the provider. Zurich, Switzerland, shall be the sole place of jurisdiction for any disputes arising from and in connection with this legal relationship.
14.2. Changes to these provisions
The provider may change these provisions at any time, in which case the user shall receive advance notification.
Zurich, 06 February 2017
Copyright by Brixel AG. All rights reserved