Terms of Service

Terms of Service

Welcome to Shiper!

These Terms of Service ("Terms") govern your access to and use of Shiper's services, including our website, platform, and any associated applications (collectively, the "Service"). By accessing or using our Service, you agree to be bound by these Terms.

1. Definitions

  • "Shiper" refers to Shiper by Kohler, a company incorporated under the laws of Switzerland, the company providing the Service.
  • "Company", "we", "us", or "our" refers to Shiper.
  • "User", "you", or "your" refers to any individual or entity accessing or using the Service.
  • "Content" refers to any text, images, videos, code, or other materials uploaded, displayed, or transmitted through the Service.
  • "Account" refers to the user account created to access and use the Service.

2. Use of the Service

2.1 Eligibility

By using the Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

2.2 License

Subject to these Terms, Shiper grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service solely for the duration of your subscription period and for your own personal or internal business purposes.

2.3 Account

You may need to create an account to access certain features of the Service. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3. Content

3.1 Ownership

You retain ownership of any Content you upload or transmit through the Service. By uploading or transmitting Content, you grant Shiper a worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, host, store and display such Content solely for the purpose of providing the Service to you.

3.2 Restrictions

Shiper will not modify, alter or use your code for any purpose other than providing access, hosting, building and other necessary modifications and adaptations to the code as part of the Service. Shiper will not sublicense, sell, or distribute your code to any third party without your consent.

3.3 Prohibited Content

You may not upload, transmit, or display any Content that is unlawful, harmful, threatening, abusive, defamatory, obscene or otherwise objectionable. Shiper reserves the right to remove any Content that violates these Terms or that it deems objectionable.

4. Fees and Payment

4.1 Fees

Shiper may charge fees for certain features or usage of the Service. Any applicable fees and pricing terms will be provided to you prior to using such features or services.

4.2 Payment

You agree to pay all fees and charges incurred in connection with your use of the Service, as well as any applicable taxes and the like. All fees and charges are non-refundable, except as required by law or as otherwise set forth herein. All payments shall be made in Swiss Francs (CHF) unless otherwise agreed upon in writing.

5. Termination

Shiper reserves the right to suspend or terminate your access to the Service at any time, with or without cause, and without notice or liability to you.

6. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SHIPER DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

7. Limitation of Liability

IN NO EVENT SHALL SHIPER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF SHIPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SHIPER'S LIABILITY TO YOU SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICE IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO DAMAGES CAUSED BY SHIPER'S INTENTIONAL OR GROSSLY NEGLIGENT ACTIONS.

8. Dispute Resolution

8.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of law provisions.

8.2 Informal Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof (collectively, "Dispute"), the parties agree to first attempt to resolve the Dispute informally. The party seeking resolution shall provide written notice to the other party, describing the nature of the Dispute and proposed resolution. Within thirty (30) days of such notice, the parties shall engage in good faith negotiations to attempt to resolve the Dispute.

9. Changes to these Terms

Shiper reserves the right to update or modify these Terms at any time without prior notice. Your continued use of the Service after any such changes constitutes your acceptance of the revised Terms.

10. Contact Us

If you have any questions about these Terms, please contact us at contact@shiper.app.

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