User Terms of Service for the Avrios Platform
Effective date: December 7, 2020
These User Terms of Service (the “User Terms”) describe your rights, responsibilities, and obligations when using the Avrios software-as-a-service solutions for fleet and mobility management (the “Avrios Platform”) as “Authorized User”.
You access and use the Avrios Platform on behalf of an Avrios “Customer”. To do so you need to log into a “Customer Account”.
A Customer is a legal entity (typically your employer) that has (i) separately agreed to our Customer Terms of Service for the Avrios Platform (“Customer Terms”) or (ii) entered into an individual written agreement with us regarding the use of the Avrios Platform (in either case, the “Agreement”).
“Avrios”, “we,” “our” and “us” means Avrios International AG, a limited company with registered office at Weststrasse 50, 8003 Zurich, Switzerland, and registered number CHE-480.579.000, and, where appropriate, our affiliate companies within our group. If you access or use the Avrios Platform, or continue accessing or using the Avrios Platform after being notified of a change to the User Terms, you confirm that you have read, understand and agree to be bound by the User Terms. They constitute a legally binding arrangement between you and us. If you breach the User Terms we may suspend your and Customer’s access to the Avrios Platform and pursue all remedies available to us under these User Terms and the Agreement.
1. User Management
It is Customer’s responsibility to manage the Authorized Users associated with its Customer Account. In particular, Customer may change your account settings or permissions or may terminate your access to the Avrios Platform at any time. You must keep your login information to the Customer Account secure and confidential at all times.
2. Customer Data
As Authorized User you may upload certain content to the Avrios Platform, such as information about vehicles or drivers (“Customer Data”). You acknowledge and agree that the Customer Data is owned by Customer and that you may only upload Customer Data in compliance with Customer´s guidelines, instructions, policies, and practices relevant to the processing of Customer Data and to the use of the Avrios Platform. We are not responsible for the content of any Customer Data. We are processing the Customer Data on behalf of Customer and per Customer´s instructions.
3. Proper Use
You agree that you will not use the Avrios Platform to (i) commit crimes or violations of applicable law; (ii) to store, transmit or disseminate a virus; (iii) to store or send material which is malicious or technologically damaging or contrary to the principle of good faith or is otherwise illegal, offensive or obscene; (iv) to hack into parts of the Avrios Platform or reverse engineer it; (v) to corrupt data; (vi) to cause disruption to other users; (vii) to violate the intellectual property rights of others; (viii) to send unsolicited advertising or marketing material; or (ix) to try to influence the performance or functionality of the Avrios Platform or computer systems accessible through the Avrios Platform.
These User Terms remain effective until your access to the Avrios Platforms has been terminated by the Customer or us.
5. Applicable law and legal venue
These User Terms are governed by Swiss law to the exclusion of the UN convention on the international sale of goods (CISG) and any application of the conflict of laws (IPR). The legal venue for all legal disputes arising from or in connection with this Agreement is Zurich, Switzerland, save that we shall have the right to institute legal action against you at your general place of jurisdiction, at our discretion.