Terms of Service

Terms of Service – Avento Gear GmbH

Last updated: 31.10.2025

Please read these terms of service carefully before using Our Service.

1 – Introduction

1.1 – Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in the singular or in the plural.

1.2 – Definitions

For the purposes of these Terms of Service:

Account means a unique account created for You to access our Service or parts of our Service.
Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority.
Application means the software program provided by the Company or Operator downloaded by You on any electronic device, named Avento Gear GmbH.
Buyer refers to users of the Service who are placing Orders for Goods.
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Avento Gear GmbH, Unterstrasse 6, 9000 St. Gallen.
Content refers to content such as text, images, or other information that can be posted, uploaded, linked to, or otherwise made available by You, regardless of the form of that content.
Device means any device that can access the Service such as a computer, a cell phone, or a digital tablet.
Feedback means feedback, innovations, or suggestions sent by You regarding the attributes, performance, or features of our Service.
Good refers to the items or services offered for sale, rental, auction, contact, or any other means of trading on the Service.
Operator (referred to as either "the Operator", "We", "Us" or "Our" in this Agreement) refers to Avento Gear GmbH.
Order means a request by You to purchase or trade by any means Goods on the Application or Website.
Seller refers to users of the Service who are listing Goods and making them available for trade by any means.
Service refers to the Application or the Website or both.
Terms of Service (also referred to as "Terms") mean these Terms of Service that form the entire agreement between You and the Company or Operator regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available by the Service.
Website refers to Avento Gear GmbH, accessible from https://www.aventogear.com/ and https://market.aventogear.com.
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Payment Provider refers to an independent third-party service provider, not affiliated with the Company, that is appointed to receive, hold, and release funds on behalf of the Buyer and Seller in accordance with the transaction process set out in these Terms.

2 – Contact Us

If you have any questions about these Terms of Service, You can contact us:

By email: lean@aventogear.com
By visiting this page on our website: https://www.aventogear.com/contact

3 – Acknowledgment

These are the Terms of Service governing the use of this Service and the agreement that operates between You and the Company or Operator. These Terms of Service set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms of Service. These Terms of Service apply to all visitors, users, and others who access or use the Service.

By completing the registration process and checking the 'Agree' box to the Terms of Service, you agree to be bound by these Terms of Service. The registration process is first deemed completed when You have activated the Account by clicking on the activation link sent to You after creating the Account. Without such explicit consent, you are not permitted to use the Service, including but not limited to placing an order or submitting a listing.

You represent that you are over the age of majority according to the laws of your country or Switzerland, whichever is higher. The Company or Operator does not permit those under that age to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company or Operator. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Application or Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

4 – User Accounts

4.1 – Account Creation

When You create an account with Us, You must provide Us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

4.2 – Account Information

You may be asked to supply certain information relevant to Your Account including, without limitation, Your name, Your email, Your phone number, and Your address. You may have to provide documents to comply with identity verification. Before or during posting Goods, you may be asked to supply, without limitation, Your bank account details, and Your identity documents. Before or during placing an Order, you may be asked to supply, without limitation, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping Information.

4.3 – Account Review

Unless part of a feature of the Service, We do not perform background checks or endorse any users. We do not accept any responsibility for the reliability, accuracy, and completeness of any information provided by users.

4.4 – Account Password

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service. You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

4.5 – Account Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, if there is an important reason for this measure. Your right to use the Service will cease immediately. Important reasons include but are not limited to:

(i) breaches of any provision of these Terms;
(ii) breaches of our Privacy Policy;
(iii) non-performance of any contractual obligations towards the Company or Operator as well as Buyer or Seller and other users of the platform;
(iv) fraudulent behaviour or information; or
(v) posting of offensive, illegal, immoral or misleading information.

If You wish to terminate Your Account, You may simply discontinue using the Service or delete Your Account from the Service, or contact Us for help.

5 – Content

5.1 – Your Right to Post Content

Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness. By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post, or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms. You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

5.2 – Content Restrictions

The Company or Operator is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account. You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene, or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

(i) unlawful or promoting unlawful activity;
(ii) defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups;
(iii) spam, machine, or randomly–generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
(iv) containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person;
(v) infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights;
(vi) Impersonating any person or entity including the Company or Operator and its employees or representatives;
(vii) violating the privacy of any third person; or
(viii) false information and features.

The Company or Operator reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, refuse or remove this Content.

The Company or Operator further reserves the right to make formatting and edits and change the manner of any Content. The Company or Operator can also limit or revoke the use of the Service if You post such objectionable Content. As the Company or Operator cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk.

You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect, or objectionable. You agree that for content errors, including any errors or omissions causing a damage or loss on Your behalf, the Company or Operator are only liable, if they act by intent or gross negligence. Liability for slight negligence in connection with content, in particular incorrect price information, is excluded.

5.3 – Content Backups

Although regular backups of Content are performed, the Company or Operator does not guarantee there will be no loss or corruption of data. Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed. The Company or Operator will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company or Operator has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state. You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

5.4 – Intellectual Property of Others and Copyright Infringement

We respect the intellectual property and copyrights of others. You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person. We are ready to comply with local regulations in that matter (such as, for example, the Digital Millennium Copyright Act (DMCA) or the EU Copyright Directive). If You are a copyright owner or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email (see 2 - Contact Us) and include in Your notice the following information related to the alleged Infringement:

(i) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
(ii) A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
(iii) Identification of the URL or other specific location on the Service where the material that You claim is infringing is located;
(iv) Your address, telephone number, and email address;
(v) A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(vi) A statement by You that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf; and
(vii) Upon receipt of a notification, the Company or Operator will take whatever action, in its solediscretion, it deems appropriate, including removal of the challenged content from the Service.

6 – Orders of Goods

6.1 – Position of the Service in Orders

Our role is one of a facilitator between You and the Sellers, using the Service. We are, therefore, a third party in Orders, which limits Our liabilities in any disputes between You and the Sellers. We are not a party to any agreement You have with the Sellers. Any agreement You enter with the Sellers does not form a part of any agreement We have with you. You are responsible for purchasing and using gear that is appropriate for your level of experience, training, and physical capability.

As a third party in the purchase between Buyer and Seller, are We not liable for any damages or injuries incurred through the quality or any faults of the item.

6.2 – Your Information as Buyer

If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information. You represent and warrant that:

(i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and
(ii) the information You supply to us is true, correct, and complete.

By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

6.3 – Availability, Errors, and Inaccuracies

We and Sellers are constantly updating Our offerings of Goods on the Service. The Goods available on the Service may be mispriced, described inaccurately, or unavailable, and Sellers and We may experience delays in updating information regarding the Goods on the Service and in Our advertising on other websites. We and Sellers cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. Wereserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

6.4 – Prices Policy

The Seller, or at his direction the Company or Operator may revise their prices at any time prior to accepting an order. The prices quoted may be revised by the Company or Operator subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs, and any other matter beyond the control of the Company or Operator or the Seller. In that event, You will have the right to cancel Your Order.

6.5 – Payments

Payment can be made through various methods we have available. We rely on Stripe as a third party payment processor who has their own terms of services and their own limitations. Payment cards (credit cards or debit cards) are subject validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.

By using the Service, you authorise Us to initiate payments on your behalf through the specified payment provider, including payments during and outside your session. We only initiate one-time payments, and the payment amount is determined by your purchases on the Service. All payments must be made through Our official checkout system. Any payment made outside the platform — including but not limited to PayPal, direct bank transfer, or cash — is strictly prohibited. Transactions conducted off-platform are not eligible for Buyer Protection, and We assume no responsibility for any resulting loss, fraud, or dispute. Users engaging in off-platform payments do so at their own risk and in violation of these Terms.

In the event of a chargeback on a platform-completed transaction, We will make reasonable efforts to dispute the chargeback through its payment service provider. However, if the chargeback is upheld and the buyer retains both the item and the refunded amount, We reserve the right to offset the resulting loss against any current or future payouts to the same buyer or associated user accounts.

6.6 – Payment Processing & Buyer Protection

6.6.1 – Escrow Services (Holding funds safely)

Payments on Avento Gear GmbH include Buyer Protection for safe payments. This means that your payment upon purchase is held on Stripe as an independent third-party payment provider until you have received and inspected your order.

The Company or Platform Operator does not take liability for any loss, damage, delay, or failure related to the processing, holding, or transfer of funds by the Escrow Agent. This includes, without limitation, any insolvency, technical failure, mismanagement, or misconduct by the Escrow Agent.

Stripe may hold the funds up to a maximum of 90 days in extreme circumstances, including dispute resolution.

Avento Buyer Protection only applies to the condition of the item upon delivery and failure of the Seller to ship the item. It does not apply to loss or damage incurred during transit.

6.6.2 – Payment Release

Payment is released to the seller at the following times in a transaction process with selected delivery method shipping:

The Buyer has purchased the order and marked it “received & inspected” on the order overview page.
The Buyer has purchased the order, the Seller has marked the order as “shipped” and the Buyer has marked the order as “received & inspected” on the order overview page.
The purchase order has been marked as “shipped” by the Seller and the buyer has not marked the order as “received & inspected” or “dispute” on the Platform within 28 days of shipment.
The purchased order has been marked as disputed by either the Buyer or the Operator on the order overview page, and the dispute has been resolved in favour of the Seller after careful consideration.

Payment is released to the seller at the following times in a transaction process with selected delivery method pickup:

The purchased order has been marked as “picked up” and “inspected” by the Buyer on the Platform.
The purchased order has not been marked as “picked up” or “disputed” by the Buyer on the Platform within 14 days of purchase.
The purchased order has not been marked “inspected” or “disputed” on the Platform within 14 days of pickup by the Buyer.
The purchased order has been marked as disputed by either the Buyer or the Operator, and the dispute has been resolved in favour of the Seller after careful consideration.

For further information, visit our website pages “Transaction Process Buyer” and “Transaction Process Seller”

6.6.3 – Disputes regarding delivered gear

In case of any disputes regarding the condition of the gear, the payments remain on Stripe for a maximum period of 50 days from the time of dispute.

For dispute resolutions, please refer to provision 6.9.

6.7 – Service Fees

We may charge You fees (and applicable Taxes) for the right to use the Service. More information about when service fees apply and how they are calculated is displayed during your Order. We reserve the right to change the service fees at any time.

6.7 – Order Modification

You and the Sellers are responsible for any Order modifications you agree to make via the Service and agree to pay any additional amounts, fees, or taxes associated with any Order modification.

6.8 – Order Cancellation

6.8.1 – Our Order Cancellation Rights

We reserve the right to refuse or cancel Your Order at any time for certain reasons, including but not limited to:

(i) Goods availability;
(ii) Errors in the description or prices for Goods;
(iii) Errors in Your Order; and
(iv) Mistakes from the Seller.

We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction or trade is suspected.

6.8.2 – Order Cancellation by Buyers

You as a Buyer have no right to cancel an order after a legal purchase agreement has been constituted. In case of an agreed Cancellation with the Seller and/or the Operator, the amount you paid will be refunded after deducting any Processing or Service fees caused by the Order as well as any expenses reasonably incurred by the Seller in reliance on the existence and validity of the contract.

6.8.3 – Order Cancellation by Sellers

If You as a Seller cancel an Order, the amount the Buyer paid (including the Service fees) will be refunded to the Buyer and will not be transferred to the Seller. You may be liable for expenses incurred. Such expenses include but are not limited to payment processing fees by the payment provider.

6.9 – Dispute

The buyer must dispute an order by submitting the button “dispute” in the order overview on the Website. Valid reasons for a dispute and potential refund are:

The purchased gear has material faults or defects not mentioned in the product listing.
The purchased gear significantly diverges from the specifications mentioned in the product listing.
The purchased gear significantly diverges from any agreed specifications or modifications between the Buyer and the Seller.
Prevention of pickup within 14 days of purchase by the Seller.
Failure to ship order despite marking as “shipped”.
The order does not arrive within 14 days of shipment at the shipping address stated by the buyer at checkout. (in this case, the payment is held on Stripe until arrival and inspection of the gear, where the previously mentioned aspects apply).

Other reasons such as but not limited to improper fit due to insufficient verification of sizing by the Buyer or personal reasons do not constitute a reason for refund.

6.9.1 – Dispute Time Periods

The buyer shall submit a dispute within the following time periods:

Delivery method pickup: 14 days of purchase in case of prevention of pickup by the Seller or 14 days of pickup in all other cases.
Delivery method shipping: 28 days of shipment or 14 days of reception after dispute due to non-arrival within 14 days of shipment.

If the Buyer fails to dispute within the above time periods, the order is deemed received and accepted by the Buyer and the payment is released to the Seller.

We generally resolve disputes within 2 weeks, but reserves the right to keep the payments in Stripe for up to 50 days of dispute.

6.9.2 – Dispute Resolution

In case of a dispute adhering to the time periods in 6.9, the dispute is resolved at Our sole discretion by applying good faith and the transaction terms in the Terms of Service and Our Website. We will determine material divergence from the description by contacting both parties. We may ask the Buyer to provide the contact details of a licensed rigger to confirm material divergences from the product listing.

If we confirm material divergence, failure of shipping, prevention of pickup or any other accepted reason for dispute, the item must be returned to the Seller and the Buyer will receive a refund.

If, however, we determine that a valid reason for dispute is not given, the order is deemed received and accepted by the Buyer and the payment is released to the Seller.

7 – Shipping

7.1 – Responsibility for shipping

In general, the Buyer bears the risk of loss or damage to the item during shipment, both for the initial dispatch from the Seller to the Buyer and for any return shipment pursuant to provision 6.9, provided that the Seller has fulfilled all shipping obligations under 7.1.1.

Once the Seller can demonstrate proper dispatch of the item through valid tracking information and proof of shipment, the risk transfers to the Buyer. If the Seller fails to meet the shipping obligations outlined in 7.1.1, the Seller may be held liable for any resulting loss or damage during shipment.

For both outbound and return shipments, insured shipping is strongly recommended. For return shipments, the Buyer is required to use tracked shipping to verify delivery of the returned item.

In all cases, the Company assumes no liability or responsibility for any loss, damage, or delay related to shipping or carrier performance.

7.1.1 – Seller obligations for shipping

The Seller must use a reliable and established shipping carrier, including but not limited to DHL, UPS, FedEx, DPD, GLS, USPS, or Royal Mail. All shipments must include online tracking and confirmation of dispatch.

The Seller must ensure that the item is securely packaged to prevent damage during transit. Proof of proper packaging must be provided in case of dispute in the form of photographic documentation, clearly showing that the item was packed with due care, including adequate internal protection and sealing.

If the item does not arrive at the Buyer’s address, the Buyer’s statement will be presumed accurate unless the Seller can provide credible tracking evidence showing that the parcel was handed over to the carrier.

The Seller must dispatch the item within 7 days of purchase confirmation. Failure to do so results in automatic cancellation of the order and a full refund to the Buyer.

7.2 – Cost of Shipping

The Seller is responsible to set shipping cost in the listing process for national (same country), continental (same continent) and global shipping. The Seller is not entitled to any additional payments in case of the actual shipping costs exceeding the set costs. The Buyer is responsible for choosing the correct shipping region. Failure to do may result in a financial obligation to pay the difference or cancellation of purchase.

The Buyer bears the cost of return shipment.

7.3 – Custom Duties and Import Taxes

We are not responsible for any local customs duties, import taxes or charges, or other similar levies that may arise in connection with the transport and/or delivery of shipments. The transaction parties i.e. Buyer and Seller are responsible for compliance and coverage regarding such charges and legal implications according to the applicable law.

8 – Disclaimer of Warranties and Limitation of Liability

8.1 – Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company or Operator and any of its suppliers under any provision of these Terms and Your exclusive remedy for all the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD (or its equivalent in the Service local currency) if You haven't purchased anything through the Service.

The Company or Operator or its suppliers shall not be liable for incidental, indirect, or consequential damages (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or Operator or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In such case, the Company or Operator are liable only for incidental, indirect, or consequential damages incurring in consequence of gross negligence or intent on behalf of the Company or the Operator.

8.2 – "AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company or Operator, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of the course of dealing, performance, usage or trade practice.

Without limitation to the foregoing, the Company or Operator provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor Operator nor any of the company's providers makes any representation or warranty of any kind, express or implied:

(i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon;
(ii) that the Service will be uninterrupted or error-free;
(iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or
(iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company or Operator are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. In such case, the Company or Operator are liable only for gross negligence or intent as well as bodily harm under the aforementioned circumstances, however, not for slight negligence on the part of the Company or Operator.

8.3 – Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company or Operator. The Company or Operator has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

You further acknowledge and agree that the Company or Operator shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services. We strongly advise You to read the terms of service and privacy policies of any third-party websites or services that You visit.

8.4 – Translation Interpretation

These Terms of Service may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

9 – Disputes Resolution about the Service

If You have any concerns or disputes about the Service, You agree to first try to resolve the dispute informally by contacting the Company or Operator.

10 – Intellectual Property of the Service

The Service and its original content (excluding Content provided by You or other users), features, and functionality are and will remain the exclusive property of the Company or Operator and its licensors. The Service is protected by copyright, trademark, and other laws of both Switzerland and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company or Operator.

11 – Your feedback to Us

You assign all rights, title, and interest in any Feedback You provide the Company or Operator. If for any reason such assignment is ineffective, You agree to grant the Company or Operator a nonexclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

12 – Changes to these Terms of Service

We reserve the right to modify or replace these terms where such modification or replacement is necessary for reasons including but not limited to:

(i) technical developments, including but not limited to the adaption of the Service to new technologies, software or operating systems;
(ii) for economic necessity, including but not limited to changes in market conditions, structures or business models; or
(iii) legal or regulatory requirements, including amendments to applicable laws, regulations, or official guidance.

You shall be notified of any modification or amendment in writing or by e-mail as shall be provided with a link to the modified or entirely amended terms. If You do not object to the modification or replacement within 30 days, of being informed thereof, the modification or replacement shall be deemed accepted.

13 – Governing Law

13.1 – Choice of Governing Law

Swiss Law shall apply to these Terms as well as any relationships and disputes between You and the Company or Operator, provided that 13.2 does not apply.

In no case, the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall apply to any relationships and disputes between You and the Company or Operator.

13.2 – Consumer Disputes

If You are a consumer habitually resident in a country other than Switzerland and use the Service for personal or family purposes unrelated to any business or professional activity, 13.1 shall not apply, if:

(i) Your account was registered from within Your country of habitual residence;
(ii) the Company or Operator directs its commercial activities towards Your country of habitual residence, and Your account was registered from that country; or
(iii) the Company or Operator has induced You to travel abroad for the purpose of registering Your account.

In this case, the national law of the country of Your habitual residence shall apply excluding, however, its conflict of law rules.

13.3 – United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

14 – Jurisdiction

For all claims arising out of or in connection with the Company or Operator, the Courts at the consumers' domicile or the courts of St. Gallen have jurisdiction, provided that the claimant is a consumer within the meaning of provision 13.2.

For all other claims, the courts in St. Gallen shall have jurisdiction.

15 – Final Provisions

15.3 – Severability

The invalidity or unenforceability of a provision shall not affect the validity and enforceability of the remaining provisions, which shall continue in full force and effect. If any provision of these Terms is held to be unenforceable or invalid, such provision shall be replaced by a new provision that most closely corresponds to the economic purpose of the provision previously deemed unenforceable or invalid.

15.2 – Waiver

Except as provided herein, the failure to exercise a right or to require the performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.