Terms and conditions

TABLE OF CONTENTS

AGREEMENT TO TERMS
INTELLECTUAL PROPERTY RIGHTS
USER REPRESENTATIONS
USER REGISTRATION
PRODUCTS
PURCHASES AND PAYMENT
REFUNDS POLICY
PROHIBITED ACTIVITIES
USER GENERATED CONTRIBUTIONS
CONTRIBUTION LICENSE
SOCIAL MEDIA
SUBMISSIONS
THIRD-PARTY WEBSITE AND CONTENT
SITE MANAGEMENT
PRIVACY POLICY
TERM AND TERMINATION
MODIFICATIONS AND INTERRUPTIONS
GOVERNING LAW
DISPUTE RESOLUTION
CORRECTIONS
DISCLAIMER
LIMITATIONS OF LIABILITY
INDEMNIFICATION
USER DATA
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND
SIGNATURES
CALIFORNIA USERS AND RESIDENTS
MISCELLANEOUS
CONTACT US

AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between
you, whether personally or on behalf of an entity (“you”) and Inita
AG (“Company”, “we”, “us”, or “our”), concerning your access to and use
of the https://app.inita.com website as well as any other media form, media
channel, mobile website or mobile application related, linked, or otherwise
connected thereto (collectively, the “Site”). We are registered
in Switzerland and have our registered office at Vordergasse
59, Schaffhausen 8200. Our VAT number is CHE-208.812.729 MWST. You
agree that by accessing the Site, you have read, understood, and agreed to
be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL
OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED
FROM USING THE SITE AND YOU MUST DISCONTINUE USE
IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on
the Site from time to time are hereby expressly incorporated herein by
reference. We reserve the right, in our sole discretion, to make changes or
modifications to these Terms of Use from time to time. We will alert you
about any changes by updating the “Last updated” date of these Terms of
Use, and you waive any right to receive specific notice of each such
change. Please ensure that you check the applicable Terms every time
you use our Site so that you understand which Terms apply. You will be
subject to, and will be deemed to have been made aware of and to have
accepted, the changes in any revised Terms of Use by your continued use
of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or
use by any person or entity in any jurisdiction or country where such
distribution or use would be contrary to law or regulation or which would
subject us to any registration requirement within such jurisdiction or
country. Accordingly, those persons who choose to access the Site from
other locations do so on their own initiative and are solely responsible for
compliance with local laws, if and to the extent local laws are applicable.
The Site is not tailored to comply with industry-specific regulations
(Health Insurance Portability and Accountability Act (HIPAA), Federal
Information Security Management Act (FISMA), etc.), so if your
interactions would be subjected to such laws, you may not use this Site.
You may not use the Site in a way that would violate the Gramm-LeachBliley Act (GLBA).
The Site is intended for users who are at least 18 years old. Persons
under the age of 18 are not permitted to use or register for the Site.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all
source code, databases, functionality, software, website designs, audio,
video, text, photographs, and graphics on the Site (collectively, the
“Content”) and the trademarks, service marks, and logos contained
therein (the “Marks”) are owned or controlled by us or licensed to us, and
are protected by copyright and trademark laws and various other
intellectual property rights and unfair competition laws of the United
States, international copyright laws, and international conventions. The
Content and the Marks are provided on the Site “AS IS” for your
information and personal use only. Except as expressly provided in these
Terms of Use, no part of the Site and no Content or Marks may be copied,
reproduced, aggregated, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted, distributed, sold, licensed, or
otherwise exploited for any commercial purpose whatsoever, without our
express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited
license to access and use the Site and to download or print a copy of any
portion of the Content to which you have properly gained access solely for
your personal, non-commercial use. We reserve all rights not expressly
granted to you in and to the Site, the Content and the Marks.

USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) all registration
information you submit will be true, accurate, current, and complete; (2)
you will maintain the accuracy of such information and promptly update
such registration information as necessary; (3) you have the legal capacity
and you agree to comply with these Terms of Use; (4) you are not a minor
in the jurisdiction in which you reside; (5) you will not access the Site
through automated or non-human means, whether through a bot, script or
otherwise; (6) you will not use the Site for any illegal or unauthorized
purpose; and (7) your use of the Site will not violate any applicable law or
regulation.
If you provide any information that is untrue, inaccurate, not current, or
incomplete, we have the right to suspend or terminate your account and
refuse any and all current or future use of the Site (or any portion thereof).

USER REGISTRATION

You may be required to register with the Site. You agree to keep your
password confidential and will be responsible for all use of your account
and password. We reserve the right to remove, reclaim, or change a
username you select if we determine, in our sole discretion, that such
username is inappropriate, obscene, or otherwise objectionable.

PRODUCTS

All products are subject to availability. We reserve the right to discontinue any
products at any time for any reason. Prices for all products are subject to
change.

PURCHASES AND PAYMENT

We accept the following forms of payment:

Visa
Mastercard
You agree to provide current, complete, and accurate purchase and
account information for all purchases made via the Site. You further agree
to promptly update account and payment information, including email
address, payment method, and payment card expiration date, so that we
can complete your transactions and contact you as needed. Sales tax will
be added to the price of purchases as deemed required by us. We may
change prices at any time. All payments shall be in U.S. dollars.
You agree to pay all charges at the prices then in effect for your
purchases and any applicable shipping fees, and you authorize us to
charge your chosen payment provider for any such amounts upon placing
your order. If your order is subject to recurring charges, then you consent to
our charging your payment method on a recurring basis without requiring your
prior approval for each recurring charge, until such time as you cancel the
applicable order. We reserve the right to correct any errors or mistakes in
pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Site. We may,
in our sole discretion, limit or cancel quantities purchased per person, per
household, or per order. These restrictions may include orders placed by
or under the same customer account, the same payment method, and/or
orders that use the same billing or shipping address. We reserve the right
to limit or prohibit orders that, in our sole judgment, appear to be placed
by dealers, resellers, or distributors.

REFUNDS POLICY
All sales are final and no refund will be issued.

PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for
which we make the Site available. The Site may not be used in connection
with any commercial endeavors except those that are specifically
endorsed or approved by us.
As a user of the Site, you agree not to:
▪ Systematically retrieve data or other content from the Site to create
or compile, directly or indirectly, a collection, compilation,
database, or directory without written permission from us.
▪ Trick, defraud, or mislead us and other users, especially in any attempt
to learn sensitive account information such as user passwords.
▪ Circumvent, disable, or otherwise interfere with security-related features
of the Site, including features that prevent or restrict the use or copying
of any Content or enforce limitations on the use of the Site and/or the
Content contained therein.
▪ Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
▪ Use any information obtained from the Site in order to harass, abuse, or
harm another person.
▪ Make improper use of our support services or submit false reports of
abuse or misconduct.
▪ Use the Site in a manner inconsistent with any applicable laws or
regulations.
▪ Engage in unauthorized framing of or linking to the Site.
▪ Upload or transmit (or attempt to upload or to transmit) viruses, Trojan
horses, or other material, including excessive use of capital letters and
spamming (continuous posting of repetitive text), that interferes with any
party’s uninterrupted use and enjoyment of the Site or modifies, impairs,
disrupts, alters, or interferes with the use, features, functions, operation,
or maintenance of the Site.
▪ Engage in any automated use of the system, such as using scripts to
send comments or messages, or using any data mining, robots, or
similar data gathering and extraction tools.
▪ Delete the copyright or other proprietary rights notice from any Content.
▪ Attempt to impersonate another user or person or use the username of
another user.
▪ Upload or transmit (or attempt to upload or to transmit) any material that
acts as a passive or active information collection or transmission
mechanism, including without limitation, clear graphics interchange
formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices
(sometimes referred to as “spyware” or “passive collection
mechanisms” or “pcms”).
▪ Interfere with, disrupt, or create an undue burden on the Site or the
networks or services connected to the Site.
▪ Harass, annoy, intimidate, or threaten any of our employees or agents
engaged in providing any portion of the Site to you.
▪ Attempt to bypass any measures of the Site designed to prevent or
restrict access to the Site, or any portion of the Site.

Copy or adapt the Site’s software, including but not limited to Flash,
PHP, HTML, JavaScript, or other code.
▪ Except as permitted by applicable law, decipher, decompile,
disassemble, or reverse engineer any of the software comprising or in
any way making up a part of the Site.
▪ Except as may be the result of standard search engine or Internet
browser usage, use, launch, develop, or distribute any automated
system, including without limitation, any spider, robot, cheat utility,
scraper, or offline reader that accesses the Site, or using or launching
any unauthorized script or other software.
▪ Use a buying agent or purchasing agent to make purchases on the Site.
▪ Make any unauthorized use of the Site, including collecting usernames
and/or email addresses of users by electronic or other means for the
purpose of sending unsolicited email, or creating user accounts by
automated means or under false pretenses.
▪ Use the Site as part of any effort to compete with us or otherwise use
the Site and/or the Content for any revenue-generating endeavor or
commercial enterprise.
▪ Use the Site to advertise or offer to sell goods and services.

USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or participate in blogs,
message boards, online forums, and other functionality, and may provide
you with the opportunity to create, submit, post, display, transmit, perform,
publish, distribute, or broadcast content and materials to us or on the Site,
including but not limited to text, writings, video, audio, photographs,
graphics, comments, suggestions, or personal information or other
material (collectively, “Contributions”). Contributions may be viewable by
other users of the Site and the Marketplace Offerings and through thirdparty websites. As such, any Contributions you transmit may be treated as
non-confidential and non-proprietary. When you create or make available
any Contributions, you thereby represent and warrant that:
▪ The creation, distribution, transmission, public display, or performance,
and the accessing, downloading, or copying of your Contributions do
not and will not infringe the proprietary rights, including but not limited to
the copyright, patent, trademark, trade secret, or moral rights of any
third party.
▪ You are the creator and owner of or have the necessary licenses, rights,
consents, releases, and permissions to use and to authorize us, the
Site, and other users of the Site to use your Contributions in any
manner contemplated by the Site and these Terms of Use.
▪ You have the written consent, release, and/or permission of each and
every identifiable individual person in your Contributions to use the
name or likeness of each and every such identifiable individual person
to enable inclusion and use of your Contributions in any manner
contemplated by the Site and these Terms of Use.
▪ Your Contributions are not false, inaccurate, or misleading.
▪ Your Contributions are not unsolicited or unauthorized advertising,
promotional materials, pyramid schemes, chain letters, spam, mass
mailings, or other forms of solicitation.
▪ Your Contributions are not obscene, lewd, lascivious, filthy, violent,
harassing, libelous, slanderous, or otherwise objectionable (as
determined by us).
▪ Your Contributions do not ridicule, mock, disparage, intimidate, or
abuse anyone.
▪ Your Contributions are not used to harass or threaten (in the legal
sense of those terms) any other person and to promote violence
against a specific person or class of people.
▪ Your Contributions do not violate any applicable law, regulation, or rule.
▪ Your Contributions do not violate the privacy or publicity rights of any
third party.
▪ Your Contributions do not violate any applicable law concerning child
pornography, or otherwise intended to protect the health or well-being of
minors;
▪ Your Contributions do not include any offensive comments that are
connected to race, national origin, gender, sexual preference, or
physical handicap.
▪ Your Contributions do not otherwise violate, or link to material that
violates, any provision of these Terms of Use, or any applicable law or
regulation.
Any use of the Site or the Marketplace Offerings in violation of the
foregoing violates these Terms of Use and may result in, among other
things, termination or suspension of your rights to use the Site and the
Marketplace Offerings.

CONTRIBUTION LICENSE
By posting your Contributions to any part of the Site or making
Contributions accessible to the Site by linking your account from the Site to
any of your social networking accounts, you automatically grant, and you
represent and warrant that you have the right to grant, to us an
unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable,
royalty-free, fully-paid, worldwide right, and license to host, use, copy,
reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store,
cache, publicly perform, publicly display, reformat, translate, transmit,
excerpt (in whole or in part), and distribute such Contributions (including,
without limitation, your image and voice) for any purpose, commercial,
advertising, or otherwise, and to prepare derivative works of, or
incorporate into other works, such Contributions, and grant and authorize
sublicenses of the foregoing. The use and distribution may occur in any
media formats and through any media channels.
This license will apply to any form, media, or technology now known or
hereafter developed, and includes our use of your name, company name,
and franchise name, as applicable, and any of the trademarks, service
marks, trade names, logos, and personal and commercial images you
provide. You waive all moral rights in your Contributions, and you warrant
that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full
ownership of all of your Contributions and any intellectual property rights
or other proprietary rights associated with your Contributions. We are not
liable for any statements or representations in your Contributions provided
by you in any area on the Site. You are solely responsible for your
Contributions to the Site and you expressly agree to exonerate us from
any and all responsibility and to refrain from any legal action against us
regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact,
or otherwise change any Contributions; (2) to re-categorize any
Contributions to place them in more appropriate locations on the Site; and
(3) to pre-screen or delete any Contributions at any time and for any
reason, without notice. We have no obligation to monitor your
Contributions.

SOCIAL MEDIA
As part of the functionality of the Site, you may link your account with
online accounts you have with third-party service providers (each such
account, a “Third-Party Account”) by either: (1) providing your Third-Party
Account login information through the Site; or (2) allowing us to access
your Third-Party Account, as is permitted under the applicable terms and
conditions that govern your use of each Third-Party Account. You
represent and warrant that you are entitled to disclose your ThirdParty Account login information to us and/or grant us access to your ThirdParty Account, without breach by you of any of the terms and conditions
that govern your use of the applicable Third-Party Account, and without
obligating us to pay any fees or making us subject to any usage limitations
imposed by the third-party service provider of the Third-Party Account. By
granting us access to any Third-Party Accounts, you understand that (1)
we may access, make available, and store (if applicable) any content that
you have provided to and stored in your Third-Party Account (the “Social
Network Content”) so that it is available on and through the Site via your
account, including without limitation any friend lists and (2) we may submit
to and receive from your Third-Party Account additional information to the
extent you are notified when you link your account with the ThirdParty Account. Depending on the Third-Party Accounts you choose and
subject to the privacy settings that you have set in such ThirdParty Accounts, personally identifiable information that you post to
your Third-Party Accounts may be available on and through your account
on the Site. Please note that if a Third-Party Account or associated
service becomes unavailable or our access to such Third-Party Account is
terminated by the third-party service provider, then Social Network
Content may no longer be available on and through the Site. You will have
the ability to disable the connection between your account on the Site and
your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR
RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS
ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED
SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY
SERVICE PROVIDERS. We make no effort to review any Social Network
Content for any purpose, including but not limited to, for accuracy, legality,
or non-infringement, and we are not responsible for any Social Network
Content. You acknowledge and agree that we may access your email
address book associated with a Third-Party Account and your contacts list
stored on your mobile device or tablet computer solely for purposes of
identifying and informing you of those contacts who have also registered
to use the Site. You can deactivate the connection between the Site and
your Third-Party Account by contacting us using the contact information
below or through your account settings (if applicable). We will attempt to
delete any information stored on our servers that was obtained through
such Third-Party Account, except the username and profile picture that
become associated with your account.

SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions,
ideas, feedback, or other information regarding the Site or the Marketplace
Offerings (“Submissions”) provided by you to us are non-confidential and
shall become our sole property. We shall own exclusive rights, including all
intellectual property rights, and shall be entitled to the unrestricted use and
dissemination of these Submissions for any lawful purpose, commercial or
otherwise, without acknowledgment or compensation to you. You hereby
waive all moral rights to any such Submissions, and you hereby warrant that
any such Submissions are original with you or that you have the right to
submit such Submissions. You agree there shall be no recourse against us
for any alleged or actual infringement or misappropriation of any proprietary
right in your Submissions.

THIRD-PARTY WEBSITES AND CONTENT
The Site may contain (or you may be sent via the Site or the Marketplace
Offerings) links to other websites (“Third-Party Websites”) as well as
articles, photographs, text, graphics, pictures, designs, music, sound,
video, information, applications, software, and other content or items
belonging to or originating from third parties (“Third-Party Content”).
Such Third-Party Websites and Third-Party Content are not investigated,
monitored, or checked for accuracy, appropriateness, or completeness by
us, and we are not responsible for any Third Party Websites accessed
through the Site or any Third-Party Content posted on, available through,
or installed from the Site, including the content, accuracy, offensiveness,
opinions, reliability, privacy practices, or other policies of or contained in
the Third-Party Websites or the Third-Party Content. Inclusion of, linking
to, or permitting the use or installation of any Third-Party Websites or
any Third-PartyContent does not imply approval or endorsement thereof
by us. If you decide to leave the Site and access the Third-Party Websites
or to use or install any Third-Party Content, you do so at your own risk,
and you should be aware these Terms of Use no longer govern. You
should review the applicable terms and policies, including privacy and
data gathering practices, of any website to which you navigate from the
Site or relating to any applications you use or install from the Site. Any
purchases you make through Third-Party Websites will be through other
websites and from other companies, and we take no responsibility
whatsoever in relation to such purchases which are exclusively between
you and the applicable third party. You agree and acknowledge that we do
not endorse the products or services offered on Third-Party Websites and
you shall hold us harmless from any harm caused by your purchase of
such products or services. Additionally, you shall hold us harmless from
any losses sustained by you or harm caused to you relating to or resulting
in any way from any Third-Party Content or any contact with ThirdParty Websites.

SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for
violations of these Terms of Use; (2) take appropriate legal action against
anyone who, in our sole discretion, violates the law or these Terms of Use,
including without limitation, reporting such user to law enforcement
authorities; (3) in our sole discretion and without limitation, refuse, restrict
access to, limit the availability of, or disable (to the extent technologically
feasible) any of your Contributions or any portion thereof; (4) in our sole
discretion and without limitation, notice, or liability, to remove from the Site or
otherwise disable all files and content that are excessive in size or are in any
way burdensome to our systems; and (5) otherwise manage the Site in a
manner designed to protect our rights and property and to facilitate the proper
functioning of the Site and the Marketplace Offerings.

PRIVACY POLICY
We care about data privacy and security. By using the Site or the
Marketplace Offerings, you agree to be bound by our Privacy Policy
posted on the Site, which is incorporated into these Terms of Use. Please
be advised the Site and the Marketplace Offerings are hosted
in the United States. If you access the Site or the Marketplace Offerings
from any other region of the world with laws or other requirements
governing personal data collection, use, or disclosure that differ from
applicable laws in the United States, then through your continued use of
the Site, you are transferring your data to the United States, and you
expressly consent to have your data transferred to and processed
in the United States.

TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the
Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS
OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION
AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE
OF THE SITE AND THE MARKETPLACE OFFERINGS (INCLUDING
BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY
REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION
FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR
COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR
USE OR PARTICIPATION IN THE SITE AND THE MARKETPLACE
OFFERINGS OR DELETE YOUR ACCOUNT AND ANY CONTENT OR
INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT
WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are
prohibited from registering and creating a new account under your name,
a fake or borrowed name, or the name of any third party, even if you may
be acting on behalf of the third party. In addition to terminating or
suspending your account, we reserve the right to take appropriate legal
action, including without limitation pursuing civil, criminal, and injunctive
redress.

MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site
at any time or for any reason at our sole discretion without notice.
However, we have no obligation to update any information on our Site. We
also reserve the right to modify or discontinue all or part of the
Marketplace Offerings without notice at any time. We will not be liable to
you or any third party for any modification, price change, suspension, or
discontinuance of the Site or the Marketplace Offerings.
We cannot guarantee the Site and the Marketplace Offerings will be
available at all times. We may experience hardware, software, or other
problems or need to perform maintenance related to the Site, resulting in
interruptions, delays, or errors. We reserve the right to change, revise,
update, suspend, discontinue, or otherwise modify the Site or the
Marketplace Offerings at any time or for any reason without notice to you.
You agree that we have no liability whatsoever for any loss, damage, or
inconvenience caused by your inability to access or use the Site or the
Marketplace Offerings during any downtime or discontinuance of the Site
or the Marketplace Offerings. Nothing in these Terms of Use will be
construed to obligate us to maintain and support the Site or the
Marketplace Offerings or to supply any corrections, updates, or releases
in connection therewith.

GOVERNING LAW
These conditions are governed by and interpreted following the laws
of Switzerland, and the use of the United Nations Convention of Contracts
for the International Sales of Goods is expressly excluded. If your habitual
residence is in the EU, and you are a consumer, you additionally possess
the protection provided to you by obligatory provisions of the law in your
country to residence. Inita AG and yourself both agree to submit to the
non-exclusive jurisdiction of the courts of Schaffhausen, which means that
you may make a claim to defend your consumer protection rights in
regards to these Conditions of Use in Switzerland, or in the EU country in
which you reside.

DISPUTE RESOLUTION

Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy,
or claim related to these Terms of Use (each “Dispute” and collectively,
the “Disputes”) brought by either you or us (individually, a “Party” and
collectively, the “Parties”), the Parties agree to first attempt to negotiate
any Dispute (except those Disputes expressly provided below) informally
for at least thirty (30) days before initiating arbitration. Such informal
negotiations commence upon written notice from one Party to the other
Party.

Binding Arbitration
Any dispute arising from the relationships between the Parties to this contract
shall be determined by one arbitrator who will be chosen in accordance with
the Arbitration and Internal Rules of the European Court of Arbitration being
part of the European Centre of Arbitration having its seat in Strasbourg, and
which are in force at the time the application for arbitration is filed, and of
which adoption of this clause constitutes acceptance. The seat of arbitration
shall be Schaffhausen, Switzerland. The language of the proceedings shall
be English. Applicable rules of substantive law shall be the law
of Switzerland.

Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between
the Parties individually. To the full extent permitted by law, (a) no arbitration
shall be joined with any other proceeding; (b) there is no right or authority for
any Dispute to be arbitrated on a class-action basis or to utilize class action
procedures; and (c) there is no right or authority for any Dispute to be brought
in a purported representative capacity on behalf of the general public or any
other persons.

Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above
provisions concerning informal negotiations binding arbitration: (a) any
Disputes seeking to enforce or protect, or concerning the validity of, any of
the intellectual property rights of a Party; (b) any Dispute related to, or arising
from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and
(c) any claim for injunctive relief. If this provision is found to be illegal or
unenforceable, then neither Party will elect to arbitrate any Dispute falling
within that portion of this provision found to be illegal or unenforceable and
such Dispute shall be decided by a court of competent jurisdiction within the
courts listed for jurisdiction above, and the Parties agree to submit to the
personal jurisdiction of that court.

CORRECTIONS
There may be information on the Site that contains typographical errors,
inaccuracies, or omissions that may relate to the Marketplace Offerings,
including descriptions, pricing, availability, and various other information. We
reserve the right to correct any errors, inaccuracies, or omissions and to
change or update the information on the Site at any time, without prior notice.

DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR
SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE SITE AND YOUR USE THEREOF,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS
OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES
LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3)
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN, (4) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM
THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE
WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY
THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY
CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY
KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT
POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA
THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR
ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE,
ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY
BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN
YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR
SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE
THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD
USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.

LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS
BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE
DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA,
OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN
IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL
AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO
US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF
ACTION ARISING . CERTAIN US STATE LAWS AND INTERNATIONAL
LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS
APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE
ADDITIONAL RIGHTS.

INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our
subsidiaries, affiliates, and all of our respective officers, agents, partners,
and employees, from and against any loss, damage, liability, claim, or
demand, including reasonable attorneys’ fees and expenses, made by
any third party due to or arising out of: (1) your Contributions; (2) use of the
Site; (3) breach of these Terms of Use; (4) any breach of your
representations and warranties set forth in these Terms of Use; (5) your
violation of the rights of a third party, including but not limited to
intellectual property rights; or (6) any overt harmful act toward any other
user of the Site with whom you connected via the Site. Notwithstanding
the foregoing, we reserve the right, at your expense, to assume the
exclusive defense and control of any matter for which you are required to
indemnify us, and you agree to cooperate, at your expense, with our
defense of such claims. We will use reasonable efforts to notify you of any
such claim, action, or proceeding which is subject to this indemnification
upon becoming aware of it.

USER DATA
We will maintain certain data that you transmit to the Site for the purpose
of managing the performance of the Site, as well as data relating to your
use of the Site. Although we perform regular routine backups of data, you
are solely responsible for all data that you transmit or that relates to any
activity you have undertaken using the Site. You agree that we shall have
no liability to you for any loss or corruption of any such data, and you
hereby waive any right of action against us arising from any such loss or
corruption of such data.

ELECTRONIC COMMUNICATIONS,
TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms
constitute electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices, disclosures,
and other communications we provide to you electronically, via email and
on the Site, satisfy any legal requirement that such communication be in
writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC
SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND
TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS
OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE
SITE. You hereby waive any rights or requirements under any statutes,
regulations, rules, ordinances, or other laws in any jurisdiction which
require an original signature or delivery or retention of non-electronic
records, or to payments or the granting of credits by any means other than
electronic means.

CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the
Complaint Assistance Unit of the Division of Consumer Services of the
California Department of Consumer Affairs in writing at 1625 North Market
Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800)
952-5210 or (916) 445-1254.

MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on
the Site or in respect to the Site constitute the entire agreement and
understanding between you and us. Our failure to exercise or enforce any
right or provision of these Terms of Use shall not operate as a waiver of
such right or provision. These Terms of Use operate to the fullest extent
permissible by law. We may assign any or all of our rights and obligations
to others at any time. We shall not be responsible or liable for any loss,
damage, delay, or failure to act caused by any cause beyond our
reasonable control. If any provision or part of a provision of these Terms of
Use is determined to be unlawful, void, or unenforceable, that provision or
part of the provision is deemed severable from these Terms of Use and
does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship
created between you and us as a result of these Terms of Use or use of
the Site. You agree that these Terms of Use will not be construed against
us by virtue of having drafted them. You hereby waive any and all
defenses you may have based on the electronic form of these Terms of
Use and the lack of signing by the parties hereto to execute these Terms
of Use.

CONTACT US
In order to resolve a complaint regarding the Site or to receive further
information regarding use of the Site, please contact us at:
Inita AG
Vordergasse 59
Schaffhausen 8200
Switzerland
Phone: +352 621 424 552
hello@inita.com
These terms of use were created using Termly’s Terms and Conditions
Generator.