These Terms of Service apply to all mobile applications developed and published by Cavora Partners GmbH, including Certalo, OutfitCrush, and Peopulse.
For the purposes of this EULA, the following terms shall have the meanings ascribed to them below:
In this EULA, unless the context otherwise requires: (a) references to "including" shall mean "including without limitation"; (b) headings are for convenience only and shall not affect interpretation; (c) words in the singular include the plural and vice versa; (d) references to any statute or statutory provision include any modification, amendment, re-enactment, or extension thereof; (e) this EULA shall be construed without regard to any presumption or rule requiring construction against the party causing the instrument to be drafted.
Subject to your strict compliance with all terms and conditions set forth in this EULA, CAVORA PARTNERS grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App for your personal use or for the internal business purposes of the organization on whose behalf you act, on devices that you own or control, in accordance with applicable laws and regulations. This license does not convey any ownership rights in the App or any component thereof.
You expressly agree that you shall not, and shall not permit any third party to:
All rights not expressly granted to you in this EULA are reserved by CAVORA PARTNERS and its licensors. The App is licensed, not sold. This EULA does not grant you any rights to trademarks, service marks, trade names, or other branding elements of CAVORA PARTNERS or its licensors.
The App, including but not limited to all software code, algorithms, user interfaces, visual designs, graphics, text, data compilations, Content, and underlying technology, is and shall remain the exclusive property of CAVORA PARTNERS and its licensors. All Intellectual Property Rights in and to the App are owned by CAVORA PARTNERS or its licensors and are protected by Swiss, European Union, United States, and international intellectual property laws, including but not limited to copyright, trademark, patent, and trade secret laws.
CAVORA PARTNERS, the names of our Apps (including Certalo, OutfitCrush, and Peopulse), and all related logos, product names, service names, and trade dress are trademarks or registered trademarks of CAVORA PARTNERS GmbH or its affiliates. You are not granted any right or license to use any such trademarks without our express prior written permission. Any unauthorized use of our trademarks may constitute trademark infringement and unfair competition in violation of applicable laws.
If the App permits you to submit, upload, or transmit any content, data, or information ("User Content"), you represent and warrant that you own or have obtained all necessary rights, licenses, consents, and permissions to submit such User Content and to grant the licenses set forth herein. By submitting User Content, you grant CAVORA PARTNERS a worldwide, non-exclusive, royalty-free, sublicensable license, for the duration of the legal protection of the User Content, to use, reproduce, modify, adapt, translate, create derivative works from, distribute, and display such User Content solely as necessary to operate, secure, and improve the App and to provide the service to you. Any use of your User Content for marketing or promotional purposes takes place only with your separate consent where required by applicable law. You waive any moral rights or similar rights you may have in such User Content to the fullest extent permitted by applicable law.
CAVORA PARTNERS reserves the right, but has no obligation, to monitor, review, screen, edit, refuse, or remove any User Content at any time, for any reason or no reason, without prior notice or liability to you. Without limiting the foregoing, CAVORA PARTNERS may remove or disable access to any User Content that, in its sole discretion, violates this EULA, applicable law, or any CAVORA PARTNERS policy, or that may be objectionable, harmful, infringing, or inappropriate. You acknowledge and agree that CAVORA PARTNERS shall have no liability for the removal or non-removal of any User Content. CAVORA PARTNERS acts in accordance with its obligations under the EU Digital Services Act (DSA) where applicable.
Your use of the App is subject to our Privacy Policy, which is incorporated into this EULA by reference and forms an integral part of this agreement. By accepting this EULA, you acknowledge that you have read and understood the data processing practices described in our Privacy Policy, available at defaultappgdpr.html. Processing that requires consent (such as marketing communications or non-essential cookies) takes place only on the basis of your separate, freely given consent, which you may withdraw at any time; other processing relies on the legal bases set out in the Privacy Policy.
You acknowledge and agree that CAVORA PARTNERS may collect, process, store, and use technical data, usage information, device identifiers, location data (if permitted), and other information related to your use of the App for purposes including but not limited to: (a) providing, maintaining, and improving the App and our services; (b) analyzing usage patterns and trends; (c) personalizing your experience; (d) ensuring security and preventing fraud; (e) complying with legal obligations; (f) enforcing this EULA; and (g) any other purposes disclosed in our Privacy Policy or to which you have consented.
CAVORA PARTNERS processes personal data in compliance with the Swiss Federal Act on Data Protection (nDSG/FADP, as revised September 1, 2023), the Swiss Data Protection Ordinance (DSV, which replaced the former VDSG on 1 September 2023), and, where applicable to users in the European Economic Area (EEA), the EU General Data Protection Regulation (GDPR, Regulation (EU) 2016/679). Our data processing practices, legal bases, data subject rights, and retention periods are set forth in detail in our Privacy Policy. CAVORA PARTNERS acts as the data controller (Verantwortlicher) within the meaning of Art. 5 lit. j nDSG and Art. 4 No. 7 GDPR.
You acknowledge and agree that your data may be transferred to, processed, and stored in countries outside your country of residence, including Switzerland, the European Union, and the United States, which may have different data protection laws than your jurisdiction. Such transfers are conducted in accordance with Art. 16-17 nDSG and Art. 44-49 GDPR, relying primarily on adequacy decisions and the EU-U.S. / Swiss-U.S. Data Privacy Framework for certified U.S. recipients, and otherwise on Standard Contractual Clauses (SCCs) with supplementary measures. Details and your related rights are set out in our Privacy Policy; where a transfer relies on your consent, you may withdraw that consent at any time.
CAVORA PARTNERS may engage sub-processors to assist in the provision of the App. We will provide at least thirty (30) days' advance notice before engaging a new sub-processor or replacing an existing sub-processor. You have the right to object to a new sub-processor within a reasonable timeframe after notification. If your objection is not resolved to your reasonable satisfaction, you may terminate this EULA by providing written notice. All sub-processors are bound by data processing agreements ensuring compliance with applicable data protection laws.
THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CAVORA PARTNERS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, ACCURACY, RELIABILITY, AND INTEGRATION. CAVORA PARTNERS DOES NOT WARRANT THAT: (A) THE APP WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (C) THE RESULTS OBTAINED FROM USE OF THE APP WILL BE ACCURATE, COMPLETE, OR RELIABLE; (D) ANY ERRORS OR DEFECTS IN THE APP WILL BE CORRECTED; (E) THE APP WILL BE COMPATIBLE WITH YOUR DEVICE OR OTHER SOFTWARE.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APP IS ENTIRELY AT YOUR OWN RISK AND DISCRETION. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, LOSS OF DATA, OR ANY OTHER HARM RESULTING FROM YOUR USE OF THE APP. NO ORAL OR WRITTEN INFORMATION, ADVICE, OR CONSULTATION PROVIDED BY CAVORA PARTNERS OR ITS REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS EULA.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CAVORA PARTNERS, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO: (A) YOUR USE OR INABILITY TO USE THE APP; (B) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN; (C) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP; (D) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE TRANSMITTED THROUGH THE APP BY ANY THIRD PARTY; (E) ANY ERRORS OR OMISSIONS IN ANY CONTENT; (F) ANY LOSS OR DAMAGE INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT MADE AVAILABLE THROUGH THE APP; (G) THE CONDUCT OR CONTENT OF ANY THIRD PARTY ON OR THROUGH THE APP; WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CAVORA PARTNERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO ART. 100 OF THE SWISS CODE OF OBLIGATIONS (OR), THE TOTAL AGGREGATE LIABILITY OF CAVORA PARTNERS AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, AND SUPPLIERS FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS EULA OR YOUR USE OF THE APP, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, SHALL NOT EXCEED THE AMOUNT YOU HAVE ACTUALLY PAID TO CAVORA PARTNERS FOR USE OF THE APP IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR, WHERE NO FEES HAVE BEEN PAID, CAVORA PARTNERS' LIABILITY FOR SLIGHT NEGLIGENCE IS EXCLUDED TO THE EXTENT PERMITTED BY APPLICABLE LAW (THE CARVE-OUTS IN THE FOLLOWING SENTENCE AND IN SECTION 13.6 REMAINING UNAFFECTED). THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT CAVORA PARTNERS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING IN THIS EULA SHALL EXCLUDE OR LIMIT LIABILITY FOR INTENTIONAL MISCONDUCT (VORSATZ) OR GROSS NEGLIGENCE (GROBE FAHRLÄSSIGKEIT), FOR DEATH OR PERSONAL INJURY, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, FOR DEFECTIVE PRODUCTS UNDER APPLICABLE PRODUCT-LIABILITY LAW, OR FOR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER MANDATORY APPLICABLE LAW (INCLUDING MANDATORY CONSUMER-PROTECTION LAW). YOUR STATUTORY RIGHTS AS A CONSUMER REMAIN UNAFFECTED, AS SET OUT IN SECTION 13.6.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations set forth above may not apply to you. In such jurisdictions, our liability shall be limited to the greatest extent permitted by applicable law. If any provision of this Section 5 is held to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the validity or enforceability of the remaining provisions, which shall remain in full force and effect.
You acknowledge and agree that the disclaimers and limitations of liability set forth in this Section 5 are fundamental elements of the basis of the bargain between you and CAVORA PARTNERS, and that CAVORA PARTNERS would not provide the App to you absent such disclaimers and limitations.
You agree to indemnify, defend (at CAVORA PARTNERS' option), and hold harmless CAVORA PARTNERS, its parent companies, subsidiaries, affiliates, officers, directors, employees, agents, partners, licensors, suppliers, and representatives (collectively, the "Indemnified Parties") from and against any and all claims, demands, actions, suits, proceedings, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees, expert witness fees, and litigation costs) arising out of or related to: (a) your use or misuse of the App; (b) your violation of this EULA; (c) your violation of any applicable law, regulation, or third-party right; (d) any User Content you submit, post, or transmit through the App; (e) your negligence, willful misconduct, or fraudulent actions; (f) any dispute between you and any third party arising from or related to your use of the App. This indemnification obligation applies to the maximum extent permitted by law and does not apply to consumers to the extent it is prohibited by the mandatory consumer-protection law of their country of residence (see Section 13.6).
CAVORA PARTNERS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate fully with CAVORA PARTNERS in asserting any available defenses. You shall not settle any claim subject to indemnification without CAVORA PARTNERS' prior written consent. Your indemnification obligations shall survive termination of this EULA and your use of the App.
The App may integrate with, link to, or provide access to Third-Party Services, websites, applications, or content. CAVORA PARTNERS does not control, endorse, sponsor, recommend, or assume any responsibility for any Third-Party Services. Your use of Third-Party Services is governed by the terms of service, privacy policies, and other agreements of those third parties, not this EULA. You acknowledge and agree that CAVORA PARTNERS shall not be liable for any damage, loss, or harm arising from your use of or reliance on any Third-Party Services.
Any opinions, advice, statements, services, offers, or other information expressed or made available by third parties through the App are those of the respective authors or distributors and not of CAVORA PARTNERS. CAVORA PARTNERS does not guarantee the accuracy, completeness, or usefulness of any Third-Party Content and disclaims all liability arising from your use of or reliance on such content.
This EULA supplements and does not replace the terms and conditions of the Apple App Store, Google Play Store, or any other distribution platform from which you obtained the App. In the event of a conflict between this EULA and the applicable app store terms, the app store terms shall prevail solely with respect to the app store's own obligations and policies. If you download the App from a third-party app store (e.g., Apple App Store, Google Play Store), you acknowledge and agree that: (a) this EULA is between you and CAVORA PARTNERS, not with the app store provider; (b) the app store provider has no obligation to provide maintenance or support services for the App; (c) the app store provider is not responsible for addressing any claims relating to the App or your possession or use thereof; (d) in the event of any third-party claim that the App infringes intellectual property rights, CAVORA PARTNERS, not the app store provider, shall be responsible for the investigation, defense, settlement, and discharge of such claim to the extent required by this EULA; (e) the app store provider and its subsidiaries are third-party beneficiaries of this EULA with respect to your use of the App, and upon your acceptance of this EULA, the app store provider shall have the right to enforce this EULA against you as a third-party beneficiary. You acknowledge that Apple, Google, and their respective subsidiaries are not parties to this EULA and have no responsibility for the App or its content.
If you obtained the App from the Apple App Store, the following additional terms apply and, with respect to Apple, prevail over any conflicting term in this EULA: (a) you and CAVORA PARTNERS acknowledge that this EULA is concluded between you and CAVORA PARTNERS only, and not with Apple, and that CAVORA PARTNERS, not Apple, is solely responsible for the App and its content; the licence granted in Section 2 is limited to a non-transferable licence to use the App on any Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the App may also be accessed and used by other accounts associated with you via Family Sharing or volume purchasing; (b) CAVORA PARTNERS is solely responsible for providing any maintenance and support services with respect to the App as required by this EULA or applicable law, and Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App; (c) in the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the responsibility of CAVORA PARTNERS; (d) CAVORA PARTNERS, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including product-liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer-protection, privacy, or similar legislation; (e) in the event of any third-party claim that the App or your possession and use of it infringes that third party's intellectual property rights, CAVORA PARTNERS, not Apple, will be solely responsible for the investigation, defence, settlement, and discharge of such claim; (f) you represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties; (g) you must comply with applicable third-party terms of agreement when using the App; and (h) Apple and Apple's subsidiaries are third-party beneficiaries of this EULA, and upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary. CAVORA PARTNERS' name, address, and contact information for any App-related questions, complaints, or claims are set out in Section 15.
In addition to the restrictions set forth in Section 2.2, you agree that you shall not use the App to:
CAVORA PARTNERS reserves the right, in its sole discretion, to immediately suspend or terminate your access to the App without prior notice and without liability if we reasonably determine that you have violated this Acceptable Use Policy. Such suspension or termination shall be without prejudice to any other rights or remedies available to CAVORA PARTNERS under this EULA or applicable law. CAVORA PARTNERS shall not be liable for any damages, losses, or costs resulting from such suspension or termination.
Certain features of the App may utilize artificial intelligence, machine learning, or other algorithmic technologies to generate content, recommendations, analyses, reports, or other output ("AI Output"). ALL AI OUTPUT IS PROVIDED FOR INFORMATIONAL AND ILLUSTRATIVE PURPOSES ONLY. AI Output does not constitute professional advice, legal advice, financial advice, medical advice, or any other form of professional recommendation.
CAVORA PARTNERS MAKES NO REPRESENTATION OR WARRANTY REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY AI OUTPUT. AI-generated content may contain errors, inaccuracies, omissions, biases, or hallucinations. AI Output may be outdated and may not reflect the most current information, laws, regulations, or standards.
YOU BEAR SOLE RESPONSIBILITY FOR INDEPENDENTLY VERIFYING ANY AI OUTPUT BEFORE RELYING ON IT OR MAKING ANY DECISIONS BASED THEREON. CAVORA PARTNERS EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY ACTIONS TAKEN, DECISIONS MADE, OR CONSEQUENCES ARISING FROM YOUR USE OF OR RELIANCE ON AI OUTPUT. Use of AI features is subject to the EU AI Act (Regulation (EU) 2024/1689) transparency requirements where applicable.
Where and to the extent the App provides AI features within the scope of Article 50 of the EU AI Act (Regulation (EU) 2024/1689), the App is designed to inform you that you are interacting with an artificial intelligence system and to mark AI-generated or AI-manipulated output in a machine-readable format detectable as artificially generated, in each case as required by, and from the date of application of, that provision (2 August 2026). If you export, publish, or distribute AI Output produced with the App (including text, image, audio, or video content that may appear authentic), you are solely responsible for complying with any applicable transparency, labelling, or disclosure obligations, including those under Article 50 of the EU AI Act, and you agree to indemnify CAVORA PARTNERS against claims arising from your failure to do so, subject to Section 13.6.
CAVORA PARTNERS aims to maintain reasonable availability of the App and associated SaaS services. However, availability is stated as a goal and is not guaranteed. CAVORA PARTNERS does not warrant uninterrupted, continuous, or error-free access to the App.
Planned maintenance windows are excluded from any availability calculations. CAVORA PARTNERS will endeavor to provide reasonable advance notice of planned maintenance where practicable, but is not obligated to do so.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CAVORA PARTNERS SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, OR COSTS ARISING FROM OR RELATED TO SERVICE INTERRUPTIONS, DOWNTIME, DEGRADED PERFORMANCE, OR UNAVAILABILITY OF THE APP, WHETHER PLANNED OR UNPLANNED, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITIES, OR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES.
If you are a consumer within the meaning of applicable Swiss or EU consumer protection law and you purchased the App or a subscription through a distance sales channel, you may have a right to withdraw from the contract within fourteen (14) days from the date of conclusion of the contract, without giving any reason, in accordance with the EU Consumer Rights Directive 2011/83/EU and applicable Swiss consumer protection provisions.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT BY REQUESTING IMMEDIATE ACCESS TO DIGITAL CONTENT (INCLUDING THE APP, PREMIUM FEATURES, OR IN-APP PURCHASES) AND CONSENTING TO IMMEDIATE DELIVERY UPON PURCHASE, YOU WAIVE YOUR RIGHT OF WITHDRAWAL TO THE EXTENT PERMITTED BY APPLICABLE LAW (Art. 16(m) Consumer Rights Directive 2011/83/EU). This waiver applies once the download or streaming of digital content has commenced with your prior express consent and your acknowledgment that you thereby lose your right of withdrawal, and provided we have supplied confirmation of the contract on a durable medium (Art. 8(7) Directive 2011/83/EU). Where your purchase constitutes a digital service (for example, a subscription) rather than digital content, you likewise lose the right of withdrawal once the service has been fully performed, provided performance began with your prior express consent and your acknowledgment that you would thereby lose your right of withdrawal (Art. 16(a) Directive 2011/83/EU).
To exercise your right of withdrawal (where applicable), you must inform CAVORA PARTNERS of your decision by an unequivocal statement (e.g., a letter sent by post or email) within the withdrawal period. Withdrawal requests shall be sent to: CAVORA PARTNERS GmbH, Pestalozziweg 7, 8952 Schlieren, Switzerland, or by email to info@cavorapartners.com.
Where a right of withdrawal applies, you may (but are not obliged to) use the following model form: "To CAVORA PARTNERS GmbH, Pestalozziweg 7, 8952 Schlieren, Switzerland, info@cavorapartners.com — I/We hereby give notice that I/We withdraw from my/our contract for the following App or subscription [____], ordered on / received on [____], name of consumer(s) [____], address of consumer(s) [____], date [____]." Where you validly withdraw, we will reimburse any payments received from you without undue delay and no later than 14 days after we are informed of your decision, using the same means of payment you used, unless a statutory exception (such as the digital-content or fully-performed-service exceptions above) applies.
CAVORA PARTNERS reserves the right, in its sole discretion, to modify, update, suspend, discontinue, or terminate the App or any features, functionality, or Content thereof at any time without prior notice or liability. We may release updates, patches, bug fixes, or new versions of the App from time to time. You acknowledge and agree that CAVORA PARTNERS has no obligation to provide any updates or to continue to support or maintain the App. Your continued use of the App following any modifications constitutes your acceptance of such changes.
CAVORA PARTNERS may amend, modify, or update this EULA at any time by posting the revised version on our website or within the App. The "Effective Date" at the top of this EULA indicates when it was last revised. Your continued use of the App after any such changes constitutes your acceptance of the new EULA. If you do not agree to the modified EULA, you must immediately cease using the App and uninstall it from your device. It is your responsibility to review this EULA periodically for changes. Where you are a consumer, material amendments will be notified to you in advance (e.g. by email or prominent in-app notice) and, to the extent mandatory consumer-protection law so requires, will not be deemed accepted merely by your continued use without your express agreement.
CAVORA PARTNERS may, in its sole discretion, terminate or suspend your access to the App immediately, without prior notice or liability, for any reason, including but not limited to: (a) your breach of this EULA; (b) your violation of applicable laws or regulations; (c) your engagement in fraudulent, abusive, or harmful conduct; (d) our decision to discontinue the App or any portion thereof; (e) technical or security reasons; (f) upon request by law enforcement or other government agencies. For consumer contracts, CAVORA PARTNERS shall provide reasonable notice as required by applicable mandatory consumer protection law. Upon termination, your license to use the App shall immediately cease, and you must promptly uninstall the App from all devices in your possession or control.
Upon termination of this EULA for any reason: (a) all rights and licenses granted to you hereunder shall immediately terminate; (b) you must cease all use of the App and destroy all copies in your possession or control; (c) provisions of this EULA that by their nature should survive termination shall survive, including but not limited to Sections 3 (Intellectual Property Rights), 5 (Disclaimers and Limitation of Liability), 6 (Indemnification), 9 (AI-Generated Content), 13 (Governing Law and Dispute Resolution), and 14 (General Provisions).
This EULA and any disputes arising out of or related to this EULA or your use of the App shall be governed by and construed in accordance with the substantive laws of Switzerland, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply to this EULA.
Subject to Section 13.3 (Arbitration), you irrevocably agree that the courts of Zurich, Switzerland shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this EULA or your use of the App. You irrevocably waive any objection to the venue of such courts on the grounds of inconvenient forum or otherwise.
At CAVORA PARTNERS' sole discretion, any dispute, controversy, or claim arising out of or relating to this EULA or your use of the App may be submitted to binding arbitration administered by the Swiss Arbitration Centre in accordance with the Swiss Rules of International Arbitration (2021 edition, as amended). The arbitration shall be conducted in English, and the seat of arbitration shall be Zurich, Switzerland. The arbitral award shall be final and binding upon the parties. Notwithstanding the foregoing, CAVORA PARTNERS may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of its intellectual property rights or confidential information.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST CAVORA PARTNERS. If this class action waiver is found to be unenforceable, the entirety of this arbitration provision shall be null and void.
To the maximum extent permitted by applicable law, any claim or cause of action arising out of or related to this EULA or your use of the App must be filed within one (1) year after such claim or cause of action arose, or it shall be forever barred.
Nothing in this EULA excludes, restricts, or modifies any statutory right or remedy that you have as a consumer where such right or remedy cannot lawfully be excluded, restricted, or modified by agreement under the mandatory law of your country of residence. In particular, if you are a consumer resident in the EU/EEA or the United Kingdom:
This Section 13.6 prevails over any conflicting provision of this EULA. Consumers may also have access to out-of-court dispute resolution (ADR) bodies in their country of residence.
This EULA, together with our Privacy Policy and any other legal notices or policies published by CAVORA PARTNERS in connection with the App, constitutes the entire agreement between you and CAVORA PARTNERS regarding your use of the App and supersedes all prior or contemporaneous agreements, understandings, representations, and communications, whether written or oral, relating to the subject matter hereof.
If any provision of this EULA is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent, or if such modification is not possible, such provision shall be severed from this EULA. The remaining provisions shall continue in full force and effect.
No waiver of any provision of this EULA shall be deemed a further or continuing waiver of such provision or any other provision. CAVORA PARTNERS' failure to enforce any right or provision of this EULA shall not constitute a waiver of such right or provision unless acknowledged and agreed to by CAVORA PARTNERS in writing.
You may not assign, transfer, or delegate this EULA or any of your rights or obligations hereunder, in whole or in part, without CAVORA PARTNERS' prior written consent. Any attempted assignment in violation of this provision shall be null and void. CAVORA PARTNERS may freely assign, transfer, or delegate this EULA and its rights and obligations hereunder without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. This EULA shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
Except as expressly provided in Section 7.3 and Section 7.4 (App Store Terms), this EULA does not and is not intended to confer any rights or remedies upon any person or entity other than you and CAVORA PARTNERS.
CAVORA PARTNERS shall not be liable for any failure or delay in performing its obligations under this EULA due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, labor disputes, governmental actions, epidemics, pandemics, Internet or telecommunications failures, power outages, cyberattacks, or other force majeure events.
You acknowledge that the App may be subject to export control laws and regulations of Switzerland, the European Union, the United States, and other jurisdictions. You agree to comply with all applicable export and re-export control laws and regulations, including the Swiss Export Control Act, EU Dual-Use Regulation, and U.S. Export Administration Regulations. You represent and warrant that you are not located in, under the control of, or a national or resident of any country to which Switzerland, the EU, or the U.S. has embargoed goods or services, and that you are not on any government list of prohibited or restricted parties.
This EULA is drafted in the English language. If this EULA is translated into any other language, the English version shall prevail to the extent of any conflict or inconsistency.
All notices, requests, consents, and other communications under this EULA must be in writing and shall be deemed given: (a) when delivered personally; (b) when sent by confirmed facsimile or email; (c) one business day after deposit with a nationally recognized overnight courier service; or (d) three business days after mailing by certified or registered mail, return receipt requested, postage prepaid. Notices to CAVORA PARTNERS shall be sent to: CAVORA PARTNERS GmbH, Pestalozziweg 7, 8952 Schlieren, Switzerland, Attention: Legal Department, Email: info@cavorapartners.com. Notices to you may be sent to the email address or physical address you provided when registering for the App or as otherwise provided to CAVORA PARTNERS.
Provisions of this EULA that by their nature should survive termination shall survive, including but not limited to Sections 3 (Intellectual Property Rights), 5 (Disclaimers and Limitation of Liability), 6 (Indemnification), 9 (AI-Generated Content), 13 (Governing Law and Dispute Resolution), and 14 (General Provisions).
If you have any questions, concerns, or complaints regarding this EULA or the App, please contact us at:
CAVORA PARTNERS GmbH
Pestalozziweg 7
8952 Schlieren
Switzerland
Email: info@cavorapartners.com
Phone: +41 44 798 17 35
Website: https://cavorapartners.com
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