defined in this Section 1, whether used in singular or plural, shall have the meanings specified below.
“Access” or “Accessing” means access to the Platform by User to view the Content on the
“Content” means, without limitations, any data or other content and/or information relating to
the products and services uploaded by a Subscriber to the Platform.
"Guest" means a Visitor who leases products and services on the Platform without being a
"Lessee" means Subscriber or Guest leasing products and services on the Platform.
"Lessor" means Subscriber providing the leased products and services.
“Notification of Claimed Infringement” means a notification containing the following
information: (1) a power of attorney evidencing the authorisation to act on behalf of the owner of the Content that
has allegedly been infringed; (2) identification of Content being infringed, or, if multiple Content is covered by
a single notification, a representative list of such Content; (3) information reasonably sufficient to permit wy.by
to locate the Content; (4) identification of the specific Content that is claimed to be infringed or to be the
subject of infringing activity, and that is to be removed or to which access is to be disabled; (5) User’s name,
address, telephone number, and e-mail address at which User may be contacted; (6) a statement that User has a good
faith belief that the use of the Content in the manner complained of is not authorized by the copyright owner, its
agent, or the law; and (7) a statement that the information in the notification is accurate.
“Platform” means the software, website, mobile applications, and any other products and
services provided to User online by wy.by.
“wy.by” means wy.by ltd, Switzerland.
“Subscriber” means a Visitor who has a subscription account with wy.by.
“Terms” or “ToU” means the terms constituting the agreement between User and wy.by that
governs their Access to the Platform.
“User” means Visitor, Guest and Subscriber.
“Visitor” means any private person or legal entity Accessing the Platform.
2. Introduction of and Agreement to these Terms
2.1 wy.by provides services in marketing and e-commerce, and provides an online portal for the
leasing of products and services by and between Subscribers and/or Guests. wy.by itself is neither a Lessor nor a
Lessee of products and services available on the Platform.
2.2 The scope of these Terms is to stipulate the rights and obligations, upon which User may Access
to the Platform, and by which User shall be bound when Accessing the Platform, regardless of the information
technology on which it is provided. The Lessor’s general terms and conditions apply regarding the lease contract
between the Lessor and the Lessee.
2.3 User shall read these Terms carefully. By Accessing the Platform User agrees to these
disagrees complying with the terms of wy.by, User shall not be granted the right to Access the Platform.
2.4 These Terms may be changed or updated from time to time by wy.by. wy.by will inform User
via his/her contact information and/or via the Platform about any changes to these terms. If Visitor or Guest
disagrees with the updated Terms, he/she must cease Accessing the Platform immediately. If Subscriber disagrees
with the updated Terms, he/she must cease Accessing the Platform within fourteen (14) days.
third party activity provider.
3. Access to Platform
3.1 User must provide all the user equipment, including all software and hardware, whether mobile,
desktop, or other, necessary to Access the Platform. User is responsible for all fix and recurring fees incurred
while Accessing the Platform, including Internet connection fees, mobile device connection fees, fees of third
party information technology platforms, and any other costs that may incur while Accessing the Platform.
3.2 It is User’s responsibility to ensure that his/her use of the Platform complies with these
Terms and is consistent with all applicable Swiss laws and regulations.
3.3 The identification information Subscriber or Guest provides shall be true and accurate and must
be updated as appropriate. Subscriber shall not create an account under a false name or alias.
3.4 The account is non-transferable. Subscriber may not share his/her login identification and
password for accessing his/her account on the Platform with any third person. In any event Subscriber remains
responsible for any action performed via his/her account on the Platform.
3.5 User shall not use the Platform in any illegal way; User shall not take any action intended to
interfere with the normal functioning of the Platform or obtain unauthorized access to any personal or proprietary
information or property of wy.by or any other User or third party; User shall not use the Platform in any way
impersonating any other person or legal entity; User shall not transmit any unauthorized advertising,
auto-responder or spam on the Platform; User shall not use the data and e-mail addresses acquired by using the
Platform for commercial advertising; User shall not take any action that imposes or may impose, in wy.by’s sole
discretion, an unreasonable or disproportionately large (pay) load and/or bandwidth consumption on the servers or
systems of the Platform; nor shall User use automated or manual methods to crawl, robot, scrape, spider or
otherwise monitor or extract data from the Platform (wy.by reserves the right to use robot exclusion headers within
the website); User shall not decipher, decompile, disassemble or reverse engineer any part of the Platform; User
shall not mirror or frame any part of the website or products on another website or product; User shall not create
or use any meta-tags which contain any wy.by trademarks or other confusingly similar marks; User shall not remove
or interfere with any copyright notices or digital watermarks on/in any Content intended to indicate the source
and/or ownership of such Content.
3.6 wy.by respects the intellectual property of others, and thus requires its Users to do the same.
Subscriber shall not upload to, or otherwise make available through, the Platform any Content that infringes any
copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. In particular,
without limitation, Subscriber shall not upload Content to the Platform:
- for which Subscriber does not own the intellectual property rights; or
- for which Subscriber does not have the necessary (sub-) licensing rights; or
- for which Subscriber does not have the necessary lease rights; or
- that might be considered illegal in Switzerland.
3.7 wy.by is not responsible for monitoring any Content or communication on the Platform and is not
involved in user-to-user interactions. wy.by cannot always identify every User and cannot guarantee that any User
is who he/she claims to be. It is User’s responsibility to be careful when interacting with other Users and User
acknowledges that despite the restrictions in these Terms, others may (mis-) use the Platform in a way that is
deceptive, fraudulent, harmful, offensive or illegal. However, wy.by reserves the right at its sole discretion (i)
to monitor any Content on the Platform, and (ii) to remove the Content from the Platform and/or terminate the
subscription in the event of copyright and other intellectual property infringements.
3.8 User may (cache) download from, and view a single copy of the Content on, the Platform only for
User’s personal, non-commercial use on his/her computer or other Internet compatible device for Accessing the
Platform, and this permission may not be assigned or transferred to any other person. Other than as provided in the
previous sentences, User shall not (and shall not assist or permit any third party to) download, reproduce, modify,
create derivative works from, publicly perform, publicly display, rent, sell or distribute any Content located on
(or provided in connection with) the Platform without the express prior permission of the copyright owner and/or
any other applicable rights holder.
4.1 wy.by provides technical e-mail support regarding the Platform only to Lessor. Technical issues
shall be reported at email@example.com.
4.2 Technical support will only be provided for bugs or errors in the Platform that are documented
by Lessor and reproducible by wy.by. Lessor agrees to provide wy.by with full and accurate details of all bugs and
errors in the Platform requested by wy.by.
4.3 Support is provided during working hours and without service levels. wy.by does not represent
that it will correct all or any bugs or errors in the Platform.
5. Ownership and Intellectual Property
5.1 wy.by and/or its licensors own and remain the owners of the Platform and any derivative works
5.2 Subject to User’s agreement and continuing compliance with these Terms and any other relevant
wy.by policies, wy.by grant User a non-exclusive, royalty-free, non-transferable, temporary, revocable,
limited right to view the Platform and its Content. User is not granted a sub-licensing right. User
agrees not to use the Platform for any other purpose than agreed in these Terms. If User violates these Terms,
wy.by reserves the right to terminate his/her (sub-) license without notice.
5.3 The trade names and trademarks owned by wy.by or its licensors are not licensed under these
5.4 When uploading Content of which Subscriber must own the intellectual property rights or of
which Subscriber must have the necessary (sub-) license, Subscriber (or Subscriber’s licensor respectively) shall
retain those rights. If required for the fulfilment of the services and these Terms, Subscriber grants wy.by a
non-exclusive, temporary for the duration of the Subscription, transferable, unlimited, worldwide and royalty-free
license for any copyrightable material, trademarks and data uploaded to the Platform. This license includes the
right to use, execute, display, reproduce, perform, disclose, create derivative works as necessary to fit the
Platform, translate and back-up such copyrightable material, trademarks and data; such license to include the right
of wy.by correspondingly to sublicense its subcontractors to do any and all of the foregoing.
5.5 If User
notices or is made aware that any Content made available on the Platform is used or exploited in a manner that
infringes an intellectual property right that he/she owns or controls, then User may submit a Notification of
Claimed Infringement to firstname.lastname@example.org;
receives a notification from wy.by that Content which he/she as a Subscriber made available through the
Platform has been the subject of a Notification of Claimed Infringement, Subscriber shall have the right to
provide wy.by a counter notification mutatis mutandis. The counter notification must be sent in writing to email@example.com.
5.6 wy.by shall decide in its sole discretion whether or not to remove the allegedly infringed
Content from the Platform. wy.by shall not be liable towards the User submitting a Notification of Claimed
Infringement in the event wy.by does not remove the allegedly infringed Content from the Platform and a court
finally decides the Content infringed an intellectual property right of such User.
6.1 wy.by does not handle any payment transactions. Payment transactions for the products and
services leased by the Lessor to the Lessee via the Platform are provided by third party payment service providers,
e.g. credit card acceptance or merchant settlement. By using any of these payment services in connection with the
Platform, User agrees to be bound by the terms and conditions of such third party payment provider. wy.by disclaims
any liability for errors of transactions processed through a third party payment service provider.
6.2 Subscriber registration on the Platform is free of charge.
6.3 If wy.by or its third party payment service provider is unable to process Lessee’s transaction
using the credit card, or any other payment transaction information provided, wy.by reserves the right to suspend
and/or revoke access to Lessee’s wy.by account.
6.4 Any payments made according to these Terms are non-refundable, even in the event of suspension
of Lessee’s account and/or termination of any license.
7.1 Lessee may terminate his/her account at any time by written notification to wy.by at
firstname.lastname@example.org. Lessor may terminate his/her account according to the separate service as a service agreement (SAAS)
7.2 wy.by may terminate Subscriber’s account with a fourteen (14) days’ notice period to the e-mail
address provided by Subscriber.
7.3 wy.by may limit, suspend, terminate, modify, or delete any account on, or Access to, the Platform
at any time if User is in breach of the Terms. In the event that wy.by suspends, terminates or deletes Subscriber’s
account, Subscriber will have no further access to his/her account or anything associated to it. Subscriber may
lose his/her login information and access rights as a result of an account suspension, termination or deletion.
8. Update of the Platform
8.1 The Platform may change from time to time. User acknowledges and agrees that wy.by may update
the Platform with or without notifying User. User may need to update third party software from time to time in
order to Access the Platform.
8.2 Scheduled offline periods are necessary to maintain and update the Platform. These may be
announced in advance.
9. Warranty Disclaimer
9.1 The Platform together with all its Content, is provided “as is” and “as available” and without
any warranty of any kind, express or implied, including but not limited to, the implied warranties of
merchantability, non-infringement and fitness for a particular purpose, all of which are expressly
9.2 wy.by does not represent or warrant that the Platform will be available at all times,
error-free, secure, or free of viruses or other harmful components. User’s use of the Platform is solely at his/her
10. Limitation of Liability
10.1 To the fullest extent permitted by applicable law, wy.by explicitly excludes any and all
liability for damages or warranty arising under these Terms. This limitation also applies to any of wy.by’s
10.2 User agrees that the provisions in this paragraph will survive the ending of User’s Access to
the Platform and/or any termination of Subscriber’s account.
11. Links and third party websites
11.1 The Platform may include links to other websites and features that allow User to use third
party social media services. User’s use of third party websites or services is exclusively at User’s own risk and
may be subject to the policies of those websites or services. Links to and from the Platform do not mean that wy.by
endorses or is associated with any third party website or service or any Content accessible on any other website or
12. General Provisions
12.1 User agrees that his/her contact information may be disclosed to, and processed and used by,
wy.by, its affiliates and/or their subcontractors and business partners in the pursuit of the business
relationship, including the marketing of products and services. User consents to wy.by transferring the contact
information outside of Switzerland and of the European Economic Area.
12.2 wy.by may reference Subscriber or Guest as its customer for its own marketing and public
relations purposes. This right shall survive the term of these Terms and is granted until revoked in writing by
Subscriber or Guest.
12.3 wy.by may assign or delegate these Terms, in whole or in part, to any person or entity at any
time with or without User’s consent. User may not assign or delegate any rights or obligations under these Terms or
User shall be null and void.
12.4 If any provision of these Terms is found invalid or unenforceable, that provision will be
enforced to the maximum extent permissible and the other provisions of these Terms will remain in force.
12.5 Any general terms and conditions of User are explicitly excluded.
12.6 These Terms are governed by Swiss law without regard of the conflict of laws
12.7 Disputes arising under, or in connection with, these Terms shall be exclusively subject to the
competent court at the registered seat of wy.by ltd.
wy.by ltd, Version 1, 1 April 2015
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