Terms of use

last modified on May 2nd 2018

Welcome to the internet sites of Manufacture Modules Technologies SA (MMT). "MMT sites" include
https://swisscloudportal.com,
https://sc365.swisscloudportal.com,
http://analytics.swisscloudportal.com,
http://mmt.ch
and other Internet sites on which these Terms of Use are posted. MMT is sometimes referred to herein as "we," "us" or "our".

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY MMT SITE. By using any MMT Site you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not use the MMT Sites.

Note that special terms might apply to some services or features offered on certain MMT Sites. These terms are posted in connection with the applicable service or feature. Any such terms are in addition to these Terms of Use, and in the event of a conflict, prevail over these Terms of Use.

MMT may modify these Terms of Use at any time by updating this posting. You are bound by any such modification and should therefore visit this page periodically to review these Terms of Use. Your continued use of the MMT Sites after a modification signifies your agreement to the modification.

1. Use of Content

The content contained on MMT Sites, such as text, graphics, images, audio, video and other material, as well as the domain names, tagline, organization and user look-and-feel (collectively, the "Content"), is protected by copyright, trademark and other such laws in Switzerland and foreign countries, and is owned or controlled by MMT or by third parties that have licensed their Content to MMT. Unauthorized use of the Content may violate copyright, trademark, and other laws. Where a MMT Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that (a) you retain all copyright and other proprietary notices contained in the original Content, (b) you may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose without the prior written permission of MMT, and (c) you may not use the Content in a manner that suggests an association with any of our products, services or brands.

You may not, without the prior written permission of MMT, "mirror" on any other server any material contained on any MMT Site. The use of the Content on any other Web site or in a networked computer environment for any purpose is prohibited, without the express written permission of MMT. The trademarks, logos and service marks (the "Marks") displayed on the MMT Sites are owned by MMT or third parties. You are prohibited from use of those Marks without the express, written permission of MMT or such third party. If you would like information about obtaining MMT's permission to use the Content on your Web site, e-mail [email protected].

In the event that we offer downloads of software on a MMT Site and you download such software, the software, including without limitation any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") is licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form. Unless otherwise specifically and expressly stated elsewhere, MMT hereby disclaims all warranties with regard to the software, including without limitation all warranties of merchantability, fitness for a particular purpose, title and non-infringement, whether such warranties are express, implied or statutory.

MMT shall not be liable for (1) any inaccuracy, error in or failure of the software; (2) any loss or damage (including without limitation any consequential, indirect, incidental, special or exemplary damages) arising from any download or use made of the software, or occasioned by any such inaccuracy, error or failure of the software. If any of the above provisions are void under applicable law, MMT's liability shall be limited to the full extent permitted by law.

2. Accounts

Some services on the MMT Sites permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the "Registration Data"). You agree not to impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. You also agree to notify us promptly at [email protected] of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to any MMT Site.

We may suspend or terminate your account and your ability to use any MMT Site or portion thereof for failure to comply with these Terms of Use or any special terms related to a particular service.

3. Modifying and Terminating our Services

We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether. You can stop using our Services at any time, although we'll be sorry to see you go. MMT may also stop providing Services to you, or add or create new limits to our Services at any time.

We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.

4. Liability

MMT makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of the Content or about the results to be obtained from using the MMT Sites and the Content. Any use of the MMT Sites and the Content is at your own risk. Changes are periodically made to MMT Sites and may be made at any time. Some Content on the MMT Sites may be provided by third parties and MMT will not be held responsible for any such Content provided by third parties.

MMT does not warrant that the MMT sites will operate error-free or that the MMT sites or their servers are free of computer viruses or other harmful goods. If your use of the MMT sites or the content results in the need for servicing or replacing equipment or loss of profits or data, MMT will not be responsible for those costs.

The MMT sites and content are provided on an 'as is' basis without any warranties of any kind. MMT, to the fullest extent permitted by law, disclaims all warranties, including, but not limited to, the warranty of merchantability, non-infringement of proprietary or third party rights, and the warranty of fitness for particular purpose.

5. Warranties and Disclaimers

Your use of the MMT Sites is at your own risk. If you are dissatisfied with any of the Content or other contents of the MMT Sites or with these Terms and Conditions, your sole remedy is to discontinue use of the MMT Sites. In no event will MMT or any third parties mentioned at the MMT sites be liable for any damages whatsoever (including, but not limited to, incidental, exemplary, and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the MMT sites and the content, whether based on warranty, con-tract, tort, or any other legal theory, and whether or not MMT is advised of the possibility of such damages. Some states do not allow the exclusion or limitation of incidental or consequential damag-es, so the above limitation or exclusion may not apply to you, in which case such exclusion or limitation applies to the fullest extent allowable under the applicable law.

6. Links to Other Sites

The MMT Sites may contain links to third party Web sites that are maintained by others. Any such links are provided solely as a convenience to you and not as an endorsement by MMT of the contents on such third-party Web sites. MMT is not responsible for the content of linked third-party sites and does not make any representations or warranties regarding the content or accuracy of ma-terials on such third-party Web sites or the privacy practices of such third parties. If you decide to access linked third-party Web sites, you do so at your own risk.

7. Third-party Applications

On MMT Sites you might have an opportunity to download applications that were developed by third-parties. MMT is not responsible for and makes no representations or warranties regarding the content or functionality of these third-party applications or the privacy practices of such third-party developers. If you decide to download and use any of these third-party applications, then you do so at your own risk.

8. Indemnity

You agree to defend, indemnify, and hold harmless MMT, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your breach of these Terms of Use. This indemnification provision does not apply to intentional or reckless acts or gross negligence on the part of MMT.

9. Copyright Policy

MMT respects the intellectual property rights of others. It is MMT's policy, at its discretion and when appropriate, to terminate the accounts of users who may infringe or repeatedly infringe the copyrights of third parties.

To submit a copyright infringement notification to MMT, please notify us:

By Email:
[email protected]
By Mail:
Manufacture Modules Technologies SA
chemin du Pré-Fleuri 5
1228 Plan-les-Ouates
Switzerland

10. Governing Law

The jurisdiction of any disputes will be established in Switzerland. This Agreement shall be governed by and construed in accordance with the laws of Switzerland. Any and all disputes and legal actions arising out of the interpretation or application of this Agreement shall be disputes resolved by and brought exclusively in the courts of Geneva, Switzerland. This Agreement shall be interpreted and enforced in accordance with the laws of Switzerland.

In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.