General Terms and Conditions (GTC)
Effective March 1, 2023
rubra is a service of Swiss rubra AG (hereinafter the “Provider“) for discovering, collecting and sharing content in the digital space.
These General Terms and Conditions (GTC) govern the rights and obligations of the Provider and the users of rubra. These GTC apply to any use of rubra. Users who do not agree with these GTC may not use rubra. Deviations from these GTC must be expressly approved by rubra.
Supplementary or additional terms and conditions may apply to individual or additional functions and services. For functions and services of third parties such as app store providers and browser developers, their conditions apply. The German-language version of these GTC is legally binding. Versions in other languages are translations of the German-language version of these GTC and provided for non-binding information purposes only.
Information on the processing of personal data as well as on the rights of persons whose data is processed in connection with rubra can be found in the Privacy Policy. The Privacy Policy serves solely to enable data subjects to obtain information. The Privacy Policy does not establish any consent or obligations on the part of the data subjects.
1. The rubra Service
1.1
The Provider makes rubra available at its discretion. The scope of functions and services of rubra is determined by the functions and services available at any given time. The Provider may adjust the scope of functions and services at any time, discontinue the operation of rubra in whole or in part, and restrict or deny access to individual users. The Provider may provide at any time that all or individual functions and services are subject to payment.
1.2
The use of rubra is restricted to natural persons who have unlimited capacity to act and are of legal age or who act with the consent of the holders of parental or other legal responsibility.
1.3
The use of rubra is limited to the intended and non-commercial use of individual users. Users are obligated to use rubra exclusively in accordance with the law, in particular with regard to copyright.
1.4
The use of rubra by persons subject to sanctions by authorities or international organizations is prohibited. The Provider may at any time, in its sole discretion and without stating reasons, limit the permitted use of rubra to certain persons, jurisdictions or regions.
1.5
The Provider may provide that rubra requires the use of current or otherwise defined versions of apps, operating systems, browsers, browser extensions and other software. The updating of software is the responsibility of the users.
1.6
Users must have sufficient Internet access, be able to install apps and browser extensions, and access websites in order to use rubra to its full extent. Users are responsible for using rubra in accordance with legal and other requirements under applicable law. Such requirements may include restrictions on the import and export of goods to certain countries.
2. License Grant
2.1
The Provider grants users a limited, non-exclusive, non-assignable, non-transferable, non-sublicensable and non-commercial license to use rubra. The license is limited to the purpose or purposes set forth in these GTC. All other rights to rubra remain with the Provider.
2.2
The commercial use of rubra must be expressly approved by the Provider.
2.3
The Provider may permanently or temporarily revoke the license at any time in the event of a violation of these GTC or in the event of an unlawful use of rubra, as well as in the event of a corresponding suspicion. For users who do not comply with these GTC, the license expires automatically.
3. User Registration
3.1
The Provider may require mandatory registration for a user account for the use of rubra or for the use of individual functions and services. The Provider may exclusively or additionally use registration services of third parties. The terms and conditions of such registration services shall apply.
3.2
The Provider shall inform users of the information required for a user account. Registration with false, fictitious, or misleading information is prohibited. Registration with misleading usernames is prohibited. The Provider may verify information provided by users at any time or have it verified by third parties. Users are obliged to keep their details up-to-date, correct, and complete at all times.
3.3
Registered users are obliged to maintain the confidentiality of their access data to their user account and to use their access data exclusively for their own purposes. Registered users are responsible for all activities related to their user account.
3.4
The Provider may restrict or delete user accounts at any time at its own discretion and without stating reasons.
3.5
Automated access to rubra, for example with bots, scripts or comparable means, is prohibited. The Provider may provide interfaces for accessing rubra, for example an Application Programming Interface (API).
3.6
In case of a violation of these GTC or in case of an unlawful use of rubra as well as a corresponding suspicion, the Provider may deny access to rubra permanently or temporarily at any time. The Provider may warn affected users at its own discretion, but is not obligated to do so.
4. Communications with Users
The Provider may inform and contact users by mail, e-mail, instant messaging, SMS and other communication channels with notifications and communications in connection with rubra. Users may object to receiving such notifications and communications at any time. This does not apply to notifications and communications that are necessary for the use of rubra.
5. User Data
5.1
The Provider may process data about users for the purpose or purposes specified in the scope of functions and services and in any other current or future connection with rubra. In particular, the Provider may display advertisements based on data about users.
5.2
The Provider may process data of Users for its own legitimate, security-related, statistical, technical, or economic purposes.
6. User Generated-Content and Acceptable Use
6.1
Users may only collect and share content with rubra that is legally compliant. Collecting and sharing as well as other behavior must also be legally compliant. Users are solely responsible for their content. In particular, users may not collect and share content that is discriminatory, false, glorifies violence, misleading, racist, harmful, criminal, or unsafe. The use of rubra for unsolicited or otherwise unauthorized advertising is prohibited.
6.2
Users may not collect and share content with rubra that violates intellectual property rights, personal rights, or other rights of third parties, such as images or texts that violate the right to one’s own image, the right to one’s own word or the copyright of third parties. Collecting and sharing as well as other behavior must also not violate any legal obligations or rights. In case of doubt, users must assume that content of the Provider, of other users and of third parties is protected by copyright and other laws. In case of doubt, users must first obtain the express and verifiable consent of the respective owners of copyrights and other rights to content.
6.3
The Provider does not have to monitor the behavior of users on rubra. In particular, the Provider is not required to check the legality or otherwise admissibility of user content as a precautionary measure. The Provider does not assume any liability for the content of users. The Provider may adjust, amend, or delete user content at any time at its own discretion and without stating reasons.
6.4
Owners of rights to content of users on rubra may use the reporting form for infringements at any time. In the event of inquiries, complaints, or other indications of allegedly illegal or otherwise inadmissible content or comparable behavior, the Provider may examine the content of users. The Provider decides at its own discretion and without stating reasons on measures to be taken on the basis of such information. In particular, the Provider may delete content, inform users, or take legal steps such as reporting to competent authorities such as law enforcement agencies.
7. Indemnification
7.1
Users are expressly and fully liable to the Provider and any third parties for all direct and indirect costs as well as for damages arising from violations of these GTC or from any use of rubra that is not in compliance with the law or otherwise unauthorized. This liability applies regardless of fault. The liability also includes the indemnification for claims of other users and possible third parties.
7.2
Users shall indemnify the Provider against all claims by other users and any third parties and are obliged to bear all costs, including legal fees and court costs, as well as direct and indirect damages incurred by the Provider in this connection. Users are obligated to support the Provider in the defense against claims by other users and any third parties in accordance with the Provider’s instructions.
8. Limitation of Warranty and Liability
8.1
The Provider operates rubra professionally and carefully. Nevertheless, rubra may be partially or completely unavailable at any time, especially for technical reasons or due to maintenance work. The Provider strives for the highest possible availability. However, the Provider does not assume any warranty for functions and services as well as for the availability of rubra.
8.2
The Provider is liable exclusively for direct damages caused by its own gross negligence or intentional acts. Any further liability of the Provider for direct damages, in particular in case of slight and medium negligence, is expressly and fully excluded. Any liability of the Provider for indirect damages and consequential damages, for loss of data, for claims of other users or possible third parties as well as for loss of profit is expressly and fully excluded. Any liability for auxiliary persons, employees or members of the management and board of directors of the Provider is excluded.
8.3
The Provider shall not be liable if the obligations arising from these GTC are only partially or not completely fulfilled due to force majeure. Force majeure shall include, in particular, lightning strikes and fires, floods and other natural disasters, magnetic storms, unforeseen weather conditions, strikes, assassinations, explosions and terrorist attacks, riots, wars and civil unrest, epidemics and pandemics, nuclear accidents, the restriction or interruption of power supply and telecommunications services, IT security incidents and bans ordered by public authorities. The SARS-CoV-2 pandemic and its consequences are expressly deemed to be force majeure.
8.4
The limitation of warranty and liability according to these GTC shall apply irrespective of the cause in law. Any further legally mandatory liability, in particular for gross negligence or intentional acts as well as according to applicable data protection law, shall remain reserved.
9. Final Provisions
9.1
The Provider may operate rubra in whole or in part through or together with third parties. The Provider may grant or transfer rights and obligations in connection with rubra to such third parties.
9.2
The Provider may amend these GTC at any time and without stating reasons. Users will be informed in an appropriate manner about significant changes to these GTC. The GTC as published on the Provider’s website apply to the use of the service.
9.3
Should any provision of these GTC prove to be unenforceable, invalid, or ineffective, the enforceability, validity and effectiveness of the remaining provisions shall not be affected. In this case, the parties are obliged to replace the unenforceable, invalid, or ineffective provision with an enforceable, valid or effective provision that comes closest in terms of content and economy to the original intention of the parties.
9.4
These GTC are governed exclusively by Swiss law with the exclusive place of performance and jurisdiction at the registered office of the Provider. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.