Terms of Service
Published on March 1, 2017
This translation is provided for informational purposes only. In case of inconsistencies, the original German Text is binding.
BitsaboutMe reserves the right to make changes to these Terms and Conditions and to publish the current version on our website. Important changes will be communicated to the users within a reasonable time by e-mail before their entry into force. With the continued use of our services after the entry into force of the changes, you agree to the amended terms. If you do not agree with the changes, please let us know as soon as possible (firstname.lastname@example.org) so that we can give you the opportunity to export your data before we can modify your account and associated Personal Data Store (“PDS”) will be irrevocably deleted.
Prerequisite and responsibility for using BitaboutMe
To use our services, you need a BitsaboutMe account. You choose a username, enter your name, your e-mail and a mobile number and protect your account with a personal password. Make sure your account information is correct, up-to-date, and always keep your password secret and secure. BitsaboutMe does not store passwords and has no way to restore them. Therefore, all data in the PDS is lost irretrievably if you forget your password. For this reason, we offer the possibility to create a password recovery code in order to regain access to your account and PDS if the password is lost.
With the successful opening of your account, your contractual relationship with BitsaboutMe begins with the rights and obligations set forth herein.
To use our services, you must be at least 13 years old and need the explicit permission of your parents or legal parents until your 16 year of age.
You agree to use our services only within the scope of the legally permissible, as well as not to provide or share any data or content that violates the rights of third parties (e.g. intellectual property or personality rights), otherwise unlawful (e.g. pornographic, violent, discriminatory, misleading Or generally illegal content) or on which you have no corresponding authorization. Whenever you import, upload, make available, edit, and share data, you confirm the rights to do so. BitsaboutMe disclaims all responsibility in connection with your data. In addition to the observance of the applicable standards of Swiss law, they are responsible for any applicable law at your place of residence or residence. Place of residence.
You alone are responsible for deciding which data you load into your PDS, including the selection of data sources that link our services or recommend. You agree to link only data sources with your PDS to which you are also entitled. We have no control over the content, accuracy, practices or legality of these third party sources. We are not in a position to monitor, verify or even censor the content of third-party sources. Third-party sources may have their own legal terms and conditions, which apply to you and which you are solely responsible for. We are not responsible for any loss or damage caused by your access to or use of these third-party sources.
The use of any mechanisms, software or other scripts which might interfere with or otherwise affect the proper operation of our services or third party accounts is prohibited.
You are responsible for promptly notifying us of your unauthorized use of your account and/or password. You are solely responsible for everything that is caused by your account, unless you close it or report abuse.
If you breach your obligations under the present contract and use BitsaboutMe, BitaboutMe shall indemnify and hold BitaboutMe harmless from and against all claims (including attorney and court costs). In the event of the assertion of a claim or the bringing of an action by a third party, or if we believe that you could infringe or breach this agreement, we may, with or without notice, close your account and delete your data in your PDS.
Your data, our services and your consent
Your data at BitsaboutMe is always encrypted. Only you alone have the key with your password to access your account or the associated personal data store (“PDS”) and to decrypt the data stored there. So you only need to do this and as long as you are logged into your BitsaboutMe account with your password.
Our services allow you to upload data from third-party sources or directly into your PDS and analyze, evaluate and visualize them through BitsaboutMe, as well as to search, edit, export, delete or share with third parties (e.g., via social networks). These services require the access and processing of your data by our systems. For example, you can link your existing accounts (such as Facebook, Migros Cumulus, e-mail) to your PDS with predefined third-party vendors. You give BitaboutMe the order and give your explicit consent, in your name a copy of the data stored there (e.g. your e-mail messages, shopping data, contents of your social media, your contacts and geo-data) via interface (API or Scripts) into their PDS.
In order to be able to carry out and further develop our services as described in your order, you grant us and the contractual partners appointed by us the necessary consent – ie. A non-exclusive, free, worldwide, transferable and sub-licensable right – to host, store, encrypt, decode, edit, analyze, visualize, and generate new records based on existing data without further notice , export and delete. You must give this order and the corresponding consent again with each link of a third source with your PDS as well as with each login into your BitsaboutMe account again.
For all of the described services, BitsaboutMe does not get any knowledge of the contents of the data stored in your PDS. Even if you log in to your account and decrypt your data, BitaboutMe services will always analyze in a closed system, from which you will only receive information about an encrypted channel as a user. Should it be necessary for maintenance purposes that BitsaboutMe is able to access your PDS, this will only be done after an explicit prior consent from you.
Each record in your PDS can have one of the following statuses:
- “Private”: default status, all data that is imported are default private, that is, Only you can view this data with your password in your PDS.
- “Top Secret”: These records are not displayed by default in the visualizations and are excluded from all parts functions with social media. This status is used to protect sensitive data so that they are not unintentionally shared or displayed.
- “Shared”: If necessary for technical reasons (e.g. for maintenance purposes or debugging), the user can use the “Share” function on BitsaboutMe to allow access to selected records.
- “Delete”: The record is deleted (irrevocably). The data is never deleted in the data source from which it originates (e.g. Facebook), but only in the PDS.
Intellectual property and software
All intellectual property rights, such as product names, designs and texts used in connection with our services, are the property of BitsaboutMe or are used in an authorized manner. Any use beyond the statutory permissible use is prohibited, unless BitaboutMe or the corresponding right holder has expressly and in writing agreed to this. In the event of infringement, BitsaboutMe reserves the right to take legal action.
Our services are run by different software. In order to use our services, we (and our licensors) grant you a limited, personal, worldwide, non-exclusive, non-transferable, non-sublicensable, revocable license. You are prohibited from copying, modifying, distributing, or otherwise sharing our services, the contained software or any part thereof, or re-developing or attempting to extract the source code of this software, except for such limitations are legally prohibited or you have the written permission to do so.
Modification and termination of our services
We are constantly changing and optimizing our services. For example, we can add or remove features and features, and we can suspend or permanently suspend a service.
You may terminate the use of our services at any time. BitsaboutMe can suspend, limit, or completely suspend the provision of services to you at any time.
Your data belongs to you and it is important to us that you can access your data in case of termination. Therefore, should we discontinue our services, we will, if reasonably possible, inform you in advance about this and give you the opportunity to export your data. If you cancel or do not use our services for more than 12 months, you are responsible to export your data beforehand. Unless legally required by law, BitsaboutMe will irrevocably delete your data after termination. We would like to draw your attention to the fact that data from your PDS, which you have shared with third parties, can still be available to you. BitsaboutMe does not have access to and is not responsible for data that your PDS has left.
We strive to provide excellent services. However, there are some things for which we can not guarantee.
Unless explicitly stated in these terms and conditions, neither BitsaboutMe nor its contracting partners make specific warranties with respect to the Services. The services are provided as provided herein. Therefore, we do not give express or implied warranties regarding the content of our services (including the lack of rights) regarding the specific functionality of the services or their reliability, availability, faultlessness or suitability for specific purposes. In addition, due to maintenance, the services may be temporarily or not available at all.
In some jurisdictions, the warranty and liability exclusions described in this section are not permitted. It may therefore be that these do not apply to you.
Limitation of liability
The present exclusion of liability and/or the limitation of liability against you do not apply where this would be contrary to applicable law. This paragraph also has no effect on consumer rights which can not be contracted or restricted by contract or by means of an agreement.
In countries where liability exclusions and limitations are applicable, neither BitsaboutMe nor its contracting parties shall be liable to you or others for any loss of data, lost profits, revenue or business or loss of reputation in connection with the Services or any indirect, consequential, other damages (for example exemplary or those with a criminal purpose).
These disclaimers and limitations apply to any and all contractual, tort, and tort claims, negligence, warranty, or other laws, whether or not they are foreseeable and whether we have been informed in advance of the possibility of such claims.
In the case of liability which we can not impose or restrict by law, we limit our liability and that of our contractual partners to a maximum of CHF 20.- for all claims.
Settlement of disputes and applicable law
When and wherever possible, we would like to solve your problems with BitsaboutMe. Before submitting a lawsuit against BitsaboutMe, you must seek an informal resolution of the dispute by contacting email@example.com. We strive to settle the dispute informally by e-mail. If a dispute is not settled within 30 days after the date of your request, you may or BitaboutMe initiate a formal procedure. Jurisdiction is, subject to different legal provisions, Berne, Switzerland.
All disputes between you and BitsaboutMe relating to the services and the present terms of business are subject to Swiss law under exclusion of the Viennese purchase law.
Should individual provisions of these Terms and Conditions be invalid or invalid, this shall not affect the effectiveness of the remaining provisions and these General Terms and Conditions. Insofar as these have not become a contractual component, the content of the agreement shall be governed by the applicable legal provisions.
These Terms and Conditions govern the entire relationship between you and BitsaboutMe. Any prior or other agreement shall be excluded. No claims or rights are made for third parties.
Any failure by BitsaboutMe not to enforce a clause does not imply that it will not apply at a later date.
The rights and/or your account given under these terms and conditions are not transferable without our written consent. BitsaboutMe may transfer individual or all rights and obligations from these General Terms and Conditions to a third party or have it exercised by a third party without your consent. However, we will inform you about this.
In the case of contradictions or interpretation questions between the German and the English version of these terms and conditions, the German version shall be authoritative.