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 solely for your personal, non-commercial purposes 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, CAVORA CyberShield, AI GRC Platform, and all related logos, product names, service names, and trade dress are trademarks or registered trademarks of CAVORA PARTNERS GmbH. 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, perpetual, irrevocable, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in connection with the operation, improvement, promotion, and commercialization of the App and our services. You waive any moral rights or similar rights you may have in such User Content to the fullest extent permitted by applicable law.
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, understood, and consent to the data collection, processing, and usage practices described in our Privacy Policy, available at defaultappgdpr.html.
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.
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. By using the App, you consent to such international data transfers in accordance with our Privacy Policy and 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, 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 GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO CAVORA PARTNERS FOR USE OF THE APP IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY; OR (B) ONE HUNDRED SWISS FRANCS (CHF 100). THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT CAVORA PARTNERS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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.
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.
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.
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.
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. 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 (Governing Law and Dispute Resolution), and 10 (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 9.3 (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 Chambers' Arbitration Institution in accordance with its Swiss Rules of International Arbitration. 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.
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 (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, 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@cavora-partners.ch. 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 (Governing Law and Dispute Resolution), and 10 (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@cavora-partners.ch
Phone: +41 76 515 89 52
Website: https://cavora-partners.ch
Support: defaultappsupport.html