Legal Notice & Terms of Use

1. Who are we?

2. What is this about?

These are our terms of use and govern your access and use of the KOYE eCom shop and the KOYE App.

By accessing and using the KOYE eCom shop and the KOYE App, you agree to our Terms of Use and acknowledge that you will comply with them.

We will post any changes we make to our terms of use on this website. The current terms of use are dated 25.07.2024.

3. When you upload content

Our KOYE App allows you as a user to upload your own content and thus publish it in the circles you choose via allowing the scanning of the QR code on your merchandise. Or on the internet via access of the QR code unique URL. This can be done by adding additional information to your profile and link it to your QR code, thus allowing its display when scanned by you or others.

We do not claim any ownership rights to any text, images, files, photos, videos, music, copyrights or other materials you post on the KOYE App (« User Content »). After posting your User Content, you retain all ownership rights, and you continue to have the right to use the content as you wish. By publishing your User Content on or through the KOYE App, you grant us a non-exclusive, sublicensable, transferable, royalty-free, worldwide license to use, modify, publicly display and perform, copy and distribute your User Content on or through the KOYE App or in the corporate area of a third-party platform (Facebook, Twitter, etc.) until you remove your User Content from the KOYE App.

You represent and warrant that: (i) you own the User Content you post on the KOYE App or have the right to grant the license set forth above; and (ii) the posting of your User Content on the KOYE App does not violate any privacy rights, publicity rights, copyrights, trademarks, contract rights or other rights of any person or entity.

We make no warranties, express or implied, about User Content or its accuracy or reliability, or about any material or information you transmit to other users. You are prohibited from posting or transmitting any illegal, threatening, libelous, defamatory, obscene, scandalous, inflammatory, or pornographic material or any material or use that could constitute or encourage criminal conduct and give rise to any civil liability or violation of law.

We reserve the right to remove any information or data posted or transmitted by anyone in violation of these rules. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or materials.

4. When you create a password for your account

The KOYE eCom shop offers the possibility to create a personal account by entering certain information. In this case, you will be asked to choose an email address and a password.

You are solely responsible for maintaining the confidentiality of your password. You hereby confirm not to use any account, email address or password of another account holder at any time and not to disclose your password to any third party. You further agree to notify us immediately if you suspect any unauthorized use of your account or password.

5. Rights to our content – intellectual property

The KOYE eCom shop, the KOYE App and the information, text, images, photographs, audio and video clips, designs, graphics, logos, icons, names, product and company names contained therein, as well as all software on this website and all other files, and their selection and arrangement (« Website Content »), are protected by intellectual property rights, in particular copyright, trademark and design rights (« Intellectual Property Rights »).  These Intellectual Property Rights belong to us or our licensors, except in the case of User Content. The Website Content may not be modified, copied, distributed, framed, reproduced, published, downloaded, displayed, posted, transmitted or sold in any form or by any means, in whole or in part, without our prior written permission; in the case of User Content, with the consent of the respective user. Furthermore, it is prohibited to copy digital content of any kind into other programs without our prior written permission.

Provided you meet the requirements for use of the KOYE eCom shop and the KOYE App, you are granted a license, limited in time and scope as confirmed, to access and make appropriate use of the website and the Website Content displayed thereon, and to download or print a copy of the Website Content, within the scope of the payable Website Content and the purposes and capabilities permitted therein. This license is subject to the terms of use and does not include any use of data mining, robots, or similar data gathering and extraction tools. Except for your own User Content, you may not upload or republish any Website Content from the KOYE eCom shop or the KOYE App on any Internet, intranet or extranet site or incorporate it into any other database or compilation.

Any other use of the Website Content is strictly prohibited. Any use of the KOYE eCom shop, the KOYE App or the Website Content, other than as expressly permitted herein, without our prior written permission is strictly prohibited and will void the license granted hereby. Any unauthorized use may also violate applicable laws, including copyright and trademark laws and applicable communications regulations and statutes. Except as expressly specified herein, these terms of use do not create any license to the Intellectual Property Rights.

6. Exclusion of liability

While we endeavor to provide accurate and up-to-date information on the KOYE eCom shop and the KOYE App, we make no warranty of any kind with respect to the content provided as such. In particular, we do not warrant that use of the content on the KOYE eCom shop and the KOYE App will not infringe the rights of third parties.

We also assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the KOYE eCom shop or the KOYE App. We also assume no responsibility for any material, data, text, images, video or audio recordings downloaded from the KOYE eCom shop or the KOYE App.

We reserve the right to interrupt or discontinue providing any functionality of the KOYE eCom shop or the KOYE App at any time. We assume no responsibility or liability for any interruption or discontinuance of any or all functionality of the KOYE eCom shop or the KOYE App, whether or not due to any action or inaction by us or any third party.

The KOYE eCom shop or the KOYE App content may contain technical inaccuracies or typographical errors. We reserve the right to make changes and/or improvements to the content at any time without prior notice. We are not responsible for third party sites that link to our KOYE eCom shop or the KOYE App or to which our presences link, and for links that are published as User Content. Therefore, we disclaim any liability, especially when it comes to content, functionality, security, data processing and legal compliance.

7. Maintenance

While we endeavor to ensure that the KOYE eCom shop or the KOYE App are available 24 hours a day, no liability will be accepted at any time if for any reason our presences are unavailable for any period of time.

Access to our presences may be suspended temporarily and without notice due to system failure, maintenance or repair or for reasons beyond our control.

8. Miscellaneous

For questions regarding the processing of your personal data, please refer to our Privacy Notice.

If one or more of the provisions of these terms of use is invalid or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected.

The terms of use shall be governed by and construed in accordance with the applicable laws of Switzerland, without regard to its conflict of laws provisions, if applicable, and the United Nations Convention on Contracts for the International Sale of Goods (CISG). To the extent permitted by law, any disputes relating to these terms of use and your use of the website shall be subject to the exclusive jurisdiction of the competent court at our current domicile. We have the right to sue a user at his or her place of residence.

We thank our legal partner, Kanzlei Berger (https://kanzlei-berger.ch) for his work on this legal document.