By downloading, installing and/or using the software “datalinker” (“Service”) by the company “haako gmbh” (“Publisher”) in its entirety or in part, you agree to the terms of use stated below. The usage of the service is exclusively permissible in accordance with these terms of use.

The terms of use may be modified, amended or replaced by the publisher. By taking up usage, the validity of these terms of use in their respective wording is being accepted. The terms of use may always be inspected. For that, go to https://www.datalinker.io/license-agreement

1. Usage of the software

1. The publisher grants a non-exclusive and non-transferable right to use the service “datalinker” in a fashion intended by the publisher. Apart from these rights no additional rights will be devolved by this license agreement.

2. You must not use the service in a manner that may damage, disable, overburden or impair the service and the servers and networks involved. Furthermore, it is prohibited to use the service and the servers and networks involved in a manner that may limit or lessen the benefits and the enjoyment of third parties.

3. You agree that the sole responsibility for the usage of the service lay with you and that the publisher does not bear any liability towards you or third parties. You also agree that you, as the user of the service, bear the sole liability for violations for your part of these terms of use and the consequent implications and that you may be held responsible immediately, or at a future date.

2. Intellectual property

You acknowledge and agree that:

1. The service contains confidential information and content protected by copyright and the applicable and prevailing Swiss and international laws for protection of intellectual property and other Swiss as well as international laws and agreements.

2. The publisher and/or third parties exclusively hold all intellectual property rights on the service and the content available within the service. Hereof excluded is all content which is saved or deposited by you as a user on the available in-app functionality.

3. The publisher and/or third parties hold all intellectual property rights on the service and/or parts of it. Under the term of “intellectual property”, all works are taken to mean that are protected by applicable by Swiss and international patent law, copyright law, trademark law or design law and agreements.

4. It is not permitted to you or third parties to copy, sell, grant a license to third parties of, distribute, demise, modify, or translate the service; to create derivative works, based on the service and its constituents, components and designs, to decompile, recreate (“reverse engineering”), disassemble or get ahold of the source code and the contained content retrievable.

5. You will not undertake any action aimed at circumventing or deactivating the used or induced security measures and rules applied by certain functionalities for the usage of content within the service.

6. You will refrain from using the service to access content and works protected by copyright or other applicable Swiss or international law; to copy, convey transcode or spread them through the service.

7. You are not allowed to remove, blanket or blur copyright notices, brands or other tags of copyrighted property attached to the service within the frame of accessing it.

3. Data Security

Under the European Union’s General Data Protection Regulation (GDPR) data subjects have certain rights with regard to the processing of their Personal Data. Following this new regulation, datalinker collects, uses and secures Personal Data of its users and customers. For more explanations about how datalinker safeguards the confidentiality of Personal Data please read our Privacy Policy at https://datalinker.io/data-security-and-privacy-policy.

4. Export restrictions

The service is subject to export restrictions of the Swiss Confederation. The user covenants to abide by all applicable Swiss and international laws concerning the export of the service. These laws include restrictions on export destinations, users as well as usage.

5. Termination of contractual relationship

This license agreement and the associated terms of use remain in effect until cancellation by you. You may always withdraw from the license agreement and the terms of use by permanent deletion of the software using the service or by unsubscribing from a third-party service using the service. Your usage rights, independent of demission, expire immediately and permanently, if you fail to abide by the terms of use at hand. In that case, the software using the service must be deleted immediately from the device.

6. Obligations of the user to third-party claims

You bind yourself to, as far as compatible with applicable law, protecting and averting any damage to the publisher of this service, their partners and their respective executives, persons in authority, employees and representatives from any claims, lawsuits, charges or legal action whatsoever resulting from you using the service. This, among other things, encompasses – although not exclusively – losses, duties, damage, costs and expenditures (including appropriate legal fees), which emerge from your usage of the service, including downloading, installing and using it; or, from violating these terms of use.

7. Disclaimer of liability

1. Downloading, installing and using the service happen exclusively at your own risk and without any warranty by the publisher whatsoever.
2. The publisher is not liable for any damage to mobile- and other devices as well as to the user’s software. This includes damage to the service caused by viruses. They are also not liable for loss of preexisting user’s data or for data originated from using the service.
3. The publisher, within the scope of the legally permissible, rejects any liability for material or legal defect whatsoever, as well as functional faults of the software and also ceded information and documentation. Liability for their accuracy, completeness, usefulness, absence of errors and/or freedom from third-party copyrights and related rights is explicitly rejected.
4. The service is not designated for the use at operating nuclear facilities, life support systems, emergency communication systems, aircraft navigation- or communication systems, air traffic systems, or any other activities in which failure of the service may result in death, injuries, severe physical harm or environmental damage.

8. Closing provisions

1. The terms of use at hand constitute the entirety of all contracts between you and the publisher of the service.
2. The terms of use at hand replace other possible agreements, arrangements and contracts between you and the publisher of the service.
3. A possible waiver of (judicial) enforcement of the terms of use in individual cases by the publisher does not mean that the publisher generally abdicates their assertive right, or abrogates the terms of use entirely or in part.
4. Should individual clauses of these terms of use prove to be invalid, void or unrealizable, so will neither the validity, nor the efficacy, nor the satisfiability of the remaining parts of the terms of use be impaired.
5. These terms of use, as well as the business relationship between you and the publisher of the service, are governed by Swiss law. Exclusive place of jurisdiction is Basel, Switzerland.