Terms and Conditions

Version: 30.01.2023

 1. Introduction 

1.1 These terms and conditions shall govern the use of our platform services, including our website, our API services and our platform (together the “Platform”), and our other services such as our consulting services (together with the Platform the “Services”). 
1.2 We offer our Services as a business to business solution. To use our Services, you (“you” or the “Licensee”) need to register on our website as a company or other entity. If you register to our Services on behalf of a company or other entity, you represent that you are an employee or agent of the company or entity and you have the authority to agree to these Terms on behalf of it. Our contract partner is always the company or other entity, and you as the company or other entity are fully responsible for your employees or agents with access to our Services. 
1.3 By using our Services, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our Services.

2. Copyright notice 

2.1 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our Services and the material on our Services; and (b) all the copyright and other intellectual property rights in our Services and the material on our Services are reserved. (c) as defined in the data subscription contract, specific data sets may require the inclusion of copyright notices in the end-user’s application(s).

3. License to use our Services 

3.1 You may: (a) view content on our Services; (b) download data from our Services using provided APIs or download functionalities subject to the other provisions of these terms and conditions.

 

3.2 You may only use our Services for business purposes, and you must not use our Services for any other purposes. 

 

3.3 You may create Derivative Data based on the raw data provided by Correntics under the condition that:
(a) Correntics approved the creation of such Derivative Data explicitly in writing (b) Correntics and any other data sources are referenced, as described in the Services (c) Correntics is informed about the type and purpose of the Derived Data
“Derivative Data” means any data that the Licensee creates, presents or distributes to Licensee’s Customers for their use, following a manipulation done by Licensee, which combines Correntics data with data from other sources (or which is otherwise derived from, or which benefited from, relied on or made use of the Correntics data) and produces data which cannot be reverse engineered by any Party back to the Correntics data.
Notwithstanding the foregoing, Derivative Data may be created on: • alerts on shipments, or alerts for Licensee’s customer’s locations • Maps in a format which does not allow to reverse engineer Correntics data (e.g. in png or jpg format, combined with other valuable information such as the location in customer’s supply chain, transport infrastructure, other weather events.) or for which it is otherwise not feasible to recreate the original raw data.

3.4 The Licensee is allowed to sell or otherwise make available to its customers services and digital products which include Derivative Data in accordance with clause 3.3. 

3.5 With the exception of Derivative Data in accordance with clause 3.4, you must not:
(a) sell, rent or sub-license material from our Services unless explicitly agreed; (b) redistribute material from our Services, unless explicitly agreed; (c) show any material from our Services in public;

3.6 We reserve the right to restrict access to areas of our Services, or indeed our whole Services, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our Services.  

3.7 Platform restrictions In addition to other restrictions set forth in these terms and conditions and except if explicitly allowed, you are expressly restricted from all of the following:
1. Copying, reproducing, modifying, selling, sublicensing, and/or otherwise commercializing any part of the Platform or the content thereon, whether licensed by us or otherwise; 2. Removing, altering, bypassing, or interfering with any copyright, trademark or other proprietary notices marked on or issued by the Platform or the content contained thereon; 3. Using the Platform in any way that is, or may be, damaging to the Platform; 4. Using the Platform in any way that impacts visitors’ access to the Platform; 5. Using the Platform contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Platform, or to any person or business entity; 6. Introducing viruses, worms, Trojan horses or other malware or software agents, whether harmful or not; 7. Engaging in any data mining, data harvesting, data extracting, scraping, or any other similar activity in relation to the Platform, or while using the Platform; 8. Accessing the Platform via any automated system, including, without limitation, spiders, offline readers, robots etc., or taking any action that may impose an unreasonable load on our infrastructure; 9. Using the Platform to collect any personally identifiable information, including but not limited to contact information; 10. Bypassing the measures that we may use to prevent or restrict access to or use of the Platform, including by hacking into secured areas of the Platform, circumventing any geo-blocking mechanisms or otherwise; 11. Attempting to reverse engineer any part of the Platform, derive the source code, or create any derivative works or materials of any kind using the content available on the Platform.

 4. Registration and accounts

4.1 You will receive account details to access our Services at the beginning of the data subscription or trial period of our Services.  
4.2 Upon registration, you may be able to create user accounts according to your chosen Services plan. You acknowledge and agree that you as a company or other entity bear responsibility for all acts and omissions of all user accounts allocated to you.  
4.3 You must not allow any other person to use your account to access our Services. 4.4 You must notify us in writing immediately if you become aware of any unauthorised use of your account.

5. User login details

5.1 You must keep your password confidential. 
5.2 You must notify us in writing immediately if you become aware of any disclosure of your password. 
5.3 You are responsible for any activity on our Services arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.

6. Payment 

6.1 Invoices for subscription fees, as defined in the data subscription contract or offer, are payable in advance and due at the beginning of the contract period.

7. Termination

7.1 We may: suspend your account and/or cancel your account with a written notice 30 days before the end of the agreed contract period (default: 12 months). 
7.2 Subscribed Services will be renewed automatically at the end of the contract period for 12 months unless a written termination of the subscription has been received at least 30 days before the end of the agreed subscription period.

8. Limited warranties 

8.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our Services; (b) that the material on the website/Services is up to date; or (c) that the website or any service will remain available.
8.2 We reserve the right to discontinue or alter any or all of our Services at any time in our sole discretion. You will not be entitled to any compensation for impacts that may arise due to the non-availability or alterations of our Services. In the case of permanent cancellation of subscribed Services, a reimbursement of subscription fees will be provided on a pro rata basis.
8.3 To the maximum extent permitted by applicable law, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our Services and the use of our Services.

9. Limitations and exclusions of liability 

9.1 To the maximum extent permitted by applicable law, we will not be liable to you in respect of any losses arising out of any event. 
9.2 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill. 
9.3 We will not be liable to you in respect of any loss or corruption of any data, database or software. 
9.4 We will not be liable to you in respect of any special, indirect or consequential loss or damage. 
9.5 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with our Services or these terms and conditions.

10. Breaches of these terms and conditions 

10.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may: 
(a) send you one or more formal warnings; (b) temporarily suspend your access to our Services; (c) permanently prohibit you from accessing our Services; (d) block computers using your IP address from accessing our Services; (e) commence legal action against you, whether for breach of contract or otherwise; and/or (f) suspend or delete your account on our Services. 
10.2 Where we suspend or prohibit or block your access to our Services or a part of our Services, you must not take any action to circumvent such suspension or prohibition or blocking including without limitation creating and/or using a different account.

11. Variation 

11.1 We may revise these terms and conditions from time to time. 
11.2 We will give notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our Services from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our Services.

12. Assignment 

12.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions. 
12.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

13. Severability 

13.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. 
13.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

14. Third party rights 

14.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party. 
14.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

15. Entire agreement 

15.1 These terms and conditions, together with the data subscription contract, shall constitute the entire agreement between you and us in relation to your use of our Services and shall supersede all potential previous agreements.

 16. Law and jurisdiction 

16.1 These terms and conditions shall be governed by and construed in accordance with Swiss law. 
16.2 Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of Zürich, Switzerland.

17. Statutory and regulatory disclosures 

17.1 Correntics AG is registered in Zurich, Switzerland under the registration number CHE-408.956.499, Commercial register of canton Zurich, Schöntalstrasse 5, 8022 Zürich (https://zh.chregister.ch/cr-portal/auszug/auszug.xhtml?uid=CHE-408.956.499)

18. Our details 

18.1 You can contact us: (a) by post: Correntics AG, Schaffhauserstrasse 78, 8057 Zürich (b) or at info@correntics.com, +41 78 480 64 55.