Terms of Use
Terms of Use
The following terms of use apply to the use of the Tingsy audio.theater chatbot (as of August 1st, 2021):
1. Tingsy platform
The current services of the Tingsy audio.theater (hereinafter the "Tingsy") are described on the www.tingsy.ai website (hereinafter the "Platform").
With the optimization and expansion of the functions, the platform may change over time. Tingsy can discontinue, interrupt or change the platform at any time. In addition, Tingsy can remove content from the platform at its own discretion.
With the help of the platform, an interactive audio theater is created in which users can participate via their smartphone. Use of the platform is free of charge (beta phase). To use the platform and its content as well as to participate in the interactive audio theater, the user must register on the platform. Registration is only permitted for natural persons of legal age.
Users are obliged to keep their password secret, to adequately protect the devices they use to access the platform from being spied on by malware and to use the latest software. Users must inform Tingsy of any suspected loss of password. Tingsy uses the data provided by the user when registering for the purpose of providing its services. Detailed information on data processing by Tingsy can be found in Tingsy's data protection declaration.
2. Use of the platform
When using the platform, the user undertakes to comply with these terms of use.
As part of the platform, the German, cloud-based chatbot software from LoyJoy (https://www.loyjoy.com) used. Tingsy stores personal data within this chatbot staging. This includes, among other things, the e-mail address, name and further answers that users provide in questions / questionnaire sequences, such as feedback, desired options, audio components, voice messages of the users, etc. Further information can be found in LoyJoy's data protection declaration https://www.loyjoy.com/privacy.
3. Availability of the platform
Tingsy endeavors to keep the platform available without interruption. However, the user acknowledges that 100% availability of the platform is not possible and that the user is not entitled to a specific availability.
4. Liability
Tingsy's liability for damage suffered by the user in connection with the services is limited to damage caused by Tingsy with intent or gross negligence. Tingsy is not liable for auxiliary persons and vicarious agents. Any further liability for damage that is directly or indirectly related to the platform is excluded, regardless of the legal reason for the damage.
No liability is assumed for the platform to be free of errors or harmful components (e.g. viruses). The platform may contain links to third party websites over whose content Tingsy has no influence. Tingsy also assumes no liability for this third-party content.
5. Intellectual property
All rights to the platform and the services are either owned by Tingsy or have been licensed to Tingsy by third parties. Existing intellectual property rights, such as copyrights, trademarks and other intellectual property rights, belong exclusively to Tingsy or the licensors of Tingsy. This content may only be used by users in connection with the use of the platform in accordance with these terms of use and other requirements on the platform and may otherwise not be downloaded, copied, reproduced, disseminated, transmitted, sent or presented without the prior written consent of Tingsy , sold, licensed or used for any other purpose.
6. Data protection
Tingsy undertakes to comply with the provisions of the Federal Act against Unfair Competition and the Federal Act on Data Protection with regard to the data collected as part of the use of the platform. In addition to these terms of use, Tingsy's privacy policy applies to the collection and use of personal data.
7. Changes to the terms of use and the platform
Tingsy can make changes to these terms of use and the platform at any time and at its own discretion. Changes will be displayed to users before they come into effect.
8. Final provisions
If a provision of these terms of use is ineffective, the remaining provisions remain unaffected by this ineffectiveness. The ineffective provision will be replaced by one that comes closest to the meaning and purpose of the ineffective provision in a legally effective manner. The same applies to possible regulation gaps.
In the event of a dispute, only substantive Swiss law applies, with the exclusion of conflict-of-law norms. The UN sales law (CISG, Vienna Sales Law) is explicitly excluded.
The exclusive place of jurisdiction is Zurich (city) unless the law provides for any other mandatory place of jurisdiction.
[Version 1.0 from 08/01/2021]
