General terms and conditions
Parowls Software GmbH
1. Scope
These General Terms and Conditions (GTC) of Parowls Software GmbH, Waedenswil, CH-8820 Zurich (hereinafter "Parowls Software"), apply to all business relationships of Parowls Software with its customers for the use of the websites and mobile apps of Parowls Software.
Parowls Software develops websites and mobile apps. These are free to use in their basic functions. Additional features are subject to a fee.
A customer is any natural person or legal entity (companies and private individuals) who uses the websites and mobile apps of Parowls Software and, if applicable, also purchases additional features.
These GTC apply exclusively. Conflicting, supplementary or deviating terms and conditions require the express written confirmation by Parowls Software to be valid.
By using the services of Parowls Software or the websites or mobile apps of Parowls Software, the customer confirms to accept these GTC in full.
For reasons of better readability, the masculine form is used in these GTC for personal designations and special nouns. Corresponding terms apply in principle to all genders for the purpose of equal treatment. The abbreviated form of language is for editorial reasons only and does not imply any valuation.
2. Information on Parowls Software websites and mobile apps.
All information provided by Parowls Software (descriptions, illustrations and other information, except prices) are only to be understood as non-binding information and in particular do not represent any assurance of properties or guarantees, unless it is explicitly stated otherwise. Parowls Software makes every effort to ensure that all details and information on its websites are correct, complete, up-to-date and clearly arranged, but Parowls Software can neither explicitly nor implicitly guarantee this.
Parowls Software cannot guarantee that the information listed on its websites is current. Therefore, all information is provided "as is" and is subject to change without notice.
3. Prices
Unless otherwise quoted, all prices are gross in Swiss francs (CHF). Parowls Software is not subject to value added tax.
Parowls Software reserves the right to change prices at any time. The prices agreed upon at the time of the conclusion of the contract shall apply.
4. Conclusion of contract
The customer may freely use the websites and mobile apps of Parowls Software. With the use an informal contract between Parowls Software and the customer comes into being. �
To purchase additional software features for Parowls Software's websites and mobile apps, the customer must go through the respective online purchase process. The purchase contract is concluded with the delivery of the purchase confirmation by Parowls Software.
5. Subscriptions
Subscriptions for additional features purchased by the customer expire at the end of the corresponding term and are not automatically renewed.
6. Operation websites and app
Should a circumstance beyond the control of Parowls Software occur, which makes it permanently impossible for Parowls Software to continue operating its websites or mobile apps (technical circumstances or force majeure), Parowls Software cannot be held liable for this or for any consequences and damages.
7. Guarantees
Parowls Software represents and warrants that it is the owner of all rights to its websites and mobile apps and is not aware of any third party claims against its rights thereto.
8. Operation, further developments and improvements
Parowls Software keeps the websites and mobile apps it develops technically up to date and, when necessary and appropriate, adapts them to new needs and improves them on an ongoing basis.
9. Conditions of use
By using Parowls Software's websites and mobile apps, the customer agrees to this,
a. not to use the Websites and Mobile Apps for illegal purposes or in violation of local, state, national or international laws,
b. not to infringe or encourage others to infringe any third party rights, including infringing or misappropriating any third party intellectual property rights,
c. not interfere with the security-related functions of the Websites and Mobile Apps, including by disabling or circumventing features that prevent or restrict the use or copying of Content or by reverse engineering or otherwise attempting to discover source code,
d. not to interfere with the operation or use of the Website or Mobile Apps by other Users,
e. not engage in fraudulent acts, such as impersonating another person or organization, faking affiliation, accessing another service account without permission, or falsifying age or date of birth.
10. Intellectual property rights
Parowls Software is entitled to all rights to the images, texts and any trademarks on the websites and mobile apps developed by it or Parowls Software is entitled to use them by the respective owner.
Neither these General Terms and Conditions nor any associated individual agreements shall cover the transfer of intellectual property rights, unless this is explicitly mentioned.
11. Liability
Parowls Software excludes any liability, regardless of its legal basis, as well as claims for damages against Parowls Software and any auxiliary persons and vicarious agents. In particular, Parowls Software is not liable for short-term, temporary interruptions of the availability of the websites or the Mobile Apps, for indirect damages and consequential damages, loss of profit or other personal injury, property damage and pure financial loss of the customer and third parties. In particular, Parowls Software is also not liable for transactions between customers among themselves and with third parties, which are concluded via the websites of Parowls Software and/or Mobile Apps developed by it. Any further mandatory legal liability, for example for gross negligence or unlawful intent, remains reserved.
12. Changes
These General Terms and Conditions may be amended by Parowls Software at any time. The new version will be published on the Websites and on the Mobile Apps and will come into force in relation to the Customer if the Customer does not object within two weeks from the corresponding notification by e-mail.��
13. Terms of use YouTube
The Customer acknowledges that the websites and mobile apps used and developed by Parowls Software require the acceptance of the Google YouTube Terms of Use. The customer thus agrees to the terms of use of Google YouTube. These can be viewed via the following link: https://www.youtube.com/t/terms.
The Vidrightnow site and app adheres to the Google YouTube terms as defined in the following link: https://www.youtube.com/t/terms
14. Data protection
Protecting the personal data of its customers is important to Parowls Software. Parowls Software takes the issue of data protection seriously and pays attention to appropriate security. Parowls Software processes and maintains personal data in accordance with the provisions of the Federal Act on Data Protection (FADP), the Ordinance to the Federal Act on Data Protection (FADP), the Telecommunications Act (TCA) and, where applicable, other provisions under data protection law, in particular the General Data Protection Regulation of the European Union (GDPR).
The customer agrees that Parowls Software may use his data to carry out advertising activities (online or print), in particular to send him information about offers.
The customer has the option to object to these advertising purposes at any time by notifying Parowls Software.
For the rest, reference is made to the privacy policy of Parowls Software, viewable on its websites and in the mobile apps.
15. Further provisions
In the event of force majeure and unforeseen events for which Parowls Software is not responsible and which necessitate a restriction of Parowls Software's services, Parowls Software shall be released from its obligations for the duration of the restriction and Parowls Software cannot be held liable for any damages resulting therefrom.
Should individual provisions of these GTC be void and/or ineffective in whole or in part, the validity and/or effectiveness of the remaining provisions or parts of such provisions shall remain unaffected. The invalid and/or ineffective provisions shall be replaced by provisions that come as close as possible in economic terms to the meaning and purpose of the invalid and/or ineffective provisions in a legally effective manner. The same shall apply in the event of any loopholes in the provision.
Additions, amendments or the cancellation of the present contract are only legally valid in writing and signed by both contracting parties. This also applies in particular to this written form clause.
The rights and obligations under this Agreement are not transferable without Parowls Software's prior consent.
The customer acknowledges that only the German version of these GTC is legally binding.
In the event of disputes, Swiss substantive law shall apply exclusively, to the exclusion of conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods (SR 0.221.221.1) is explicitly excluded.
The place of jurisdiction is Zurich.
Zurich, August 28, 2024