1. Acceptance of Terms
These Terms of Use ("Terms") constitute a legal agreement between you ("User", "you", or "your") and CIOS Technology AG ("Company", "we", "us", or "our"), a company registered and headquartered in Switzerland.
By accessing, using, or attempting to use the CIOS platform, website, services, and any related applications (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree to these Terms, you must not access or use the Services.
We reserve the right to modify these Terms at any time. Your continued use of the Services following the posting of modified Terms constitutes your acceptance of the modifications.
2. Description of Services
CIOS provides an AI-powered customer intelligence platform designed to help businesses analyze, understand, and optimize customer interactions and behaviors. The Services include:
- Advanced analytics and data processing capabilities
- Customer insights and intelligence generation
- Integration with third-party business tools and platforms
- Dashboard and reporting features
- API access for authorized users
- Customer support and documentation
We continuously develop and improve the Services. Features, functionality, and pricing may change at our discretion. We are not liable for any changes made to the Services or their discontinuation.
3. User Accounts
Account Creation
To use certain features of the Services, you may be required to create an account. You are responsible for:
- Providing accurate, current, and complete information during registration
- Maintaining the confidentiality of your account credentials
- Preventing unauthorized access to your account
- Notifying us immediately of any unauthorized use or suspected security breach
Account Responsibility
You are solely responsible for all activities and transactions conducted through your account, regardless of whether they were authorized by you. We reserve the right to suspend or terminate accounts that violate these Terms or engage in abusive behavior.
4. Acceptable Use
You agree to use the Services only for lawful purposes and in accordance with these Terms. You specifically agree that you will not:
- Violate any applicable local, national, or international law or regulation
- Engage in illegal activity or fraud
- Attempt to gain unauthorized access to the Services, systems, or data
- Disable, interfere with, or circumvent any security or access control mechanisms
- Reverse engineer, decompile, or attempt to discover the source code or underlying algorithms
- Use automated tools, bots, or scripts without express written permission
- Reproduce, duplicate, copy, or redistribute the Services or any portion thereof
- Introduce malware, viruses, or any malicious code
- Access or use data in violation of data protection laws or regulations
- Engage in harassment, abuse, or threatening behavior toward other users or CIOS staff
- Upload or transmit illegal, defamatory, or infringing content
5. Intellectual Property Rights
CIOS Intellectual Property
All content, features, functionality, software, code, and technology comprising the Services are the exclusive property of CIOS Technology AG or its licensors, and are protected by international copyright, trademark, and other intellectual property laws. This includes, but is not limited to:
- The CIOS platform and all software components
- Logos, branding, and design elements
- Documentation and user guides
- Algorithms and analytical methods
- Database structures and architectures
Limited License
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Services solely for your internal business purposes. This license does not include the right to:
- Sublicense, sell, or transfer the Services
- Modify or create derivative works
- Remove or alter any proprietary notices or labels
- Use the Services for competitive analysis or benchmarking
User Content
Any data, information, or content you upload, submit, or otherwise provide to the Services ("User Content") remains your property. However, by providing User Content, you grant CIOS a worldwide, royalty-free license to use, process, and analyze such content for the purpose of providing and improving the Services.
6. Data Privacy and Protection
Your use of the Services is subject to our Privacy Policy, which is incorporated into these Terms by reference. We are committed to protecting your personal data in accordance with applicable data protection laws, including the Swiss Data Protection Act (DPA) and the General Data Protection Regulation (GDPR) where applicable.
You are responsible for ensuring that any data you upload complies with applicable laws and that you have all necessary rights and consents to process such data through the Services.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CIOS TECHNOLOGY AG SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Our total cumulative liability under these Terms shall not exceed the amount paid by you for the Services in the twelve (12) months preceding the claim.
Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability. To the extent such exclusions or limitations are prohibited, our liability shall be limited to the maximum extent permitted by law.
8. Disclaimers
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. CIOS TECHNOLOGY AG DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
- Implied warranties of merchantability and fitness for a particular purpose
- Warranties of title, non-infringement, and freedom from defects
- Warranties regarding the accuracy, completeness, or reliability of the Services or any data provided
We do not warrant that the Services will be uninterrupted, error-free, or completely secure. Your use of the Services is at your sole risk.
9. Indemnification
You agree to indemnify, defend, and hold harmless CIOS Technology AG and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to:
- Your use of the Services
- Your violation of these Terms or applicable laws
- Your User Content or any data you upload
- Your infringement of any third-party rights
- Any claims by third parties arising from your conduct
10. Governing Law and Jurisdiction
These Terms and your use of the Services shall be governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
You irrevocably consent to the exclusive jurisdiction and venue of the courts located in Switzerland, for any legal action or proceeding arising under or relating to these Terms or the Services.
11. Dispute Resolution
Informal Resolution
Before initiating formal legal proceedings, the parties agree to attempt to resolve any dispute through good faith negotiation. Either party may initiate this process by sending written notice to the other party at the contact information provided below.
Arbitration
If informal resolution fails within thirty (30) days, any dispute shall be resolved through binding arbitration administered by the Swiss Arbitration Association (ASA) in accordance with its Rules of Arbitration. The arbitration shall be conducted in English and shall take place in Switzerland.
12. Modifications to Services
We reserve the right to modify, suspend, or discontinue the Services, or any part thereof, at any time with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Services.
We will provide reasonable notice of any material changes that would negatively impact your use of the Services, where legally required.
13. Termination
User Termination
You may terminate your account and cease using the Services at any time by contacting us at [email protected] with a request to delete your account.
CIOS Termination
We may terminate or suspend your account and access to the Services immediately, without notice or liability, if you violate these Terms, engage in illegal activity, or for any other reason at our sole discretion.
Effect of Termination
Upon termination, your right to use the Services immediately ceases. Your User Content may be retained or deleted at our discretion, unless otherwise required by law. Provisions of these Terms that survive termination include Intellectual Property Rights, Limitation of Liability, Indemnification, and Governing Law.
14. General Provisions
Entire Agreement
These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and CIOS Technology AG regarding the Services and supersede all prior or contemporaneous agreements, understandings, and negotiations.
Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it valid.
Waiver
The failure of CIOS to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by both parties.
Assignment
You may not assign, sublicense, or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms to any successor or affiliate without restriction.
No Third-Party Beneficiaries
These Terms are intended solely for the benefit of you and CIOS Technology AG. No third party has any rights or claims under these Terms.
15. Contact Information
For questions about these Terms of Use or to contact us regarding account issues, disputes, or other matters, please reach out to us at:
- Email: [email protected]
- Company: CIOS Technology AG
- Location: Switzerland
- Website: https://cios.app