Terms and Conditions

MATERINGS, 10^th March 2024 version.

Table des matières

Definitions
Acceptance, Scope and Modification of the general conditions
Services offered by Materings
Guaranties
Account creation process
Duty to cooperate
Intellectual property
Verification carried out by the User
Price and conditions of payment
Termination of an Account
Limitation of liability
Availability of the Service
Unauthorized Uses of the Application
Indemnity by You
Severability
Waiver
Applicable law and forum

1. Definitions

“Amendment”: amendment of the present Terms and Conditions.

“Application”: Materings mobile Solution.

“Client”: natural person using Materings Services.

“Materings” or “We”: Materings SARL, Chemin des Rasses 7, 1255 Veyrier.

“Personal Data”: information that relates to an identified or identifiable individual.

“Solution” or “Service”: the new generation networking IT tool developed by Materings.

“Terms and Conditions”: the present agreement between Materings and the Client.

“The Party (ies)”: individually or collectively Materings and/or the Client.

“You” or “User”: natural person using the Materings Service.

“Website”: the website accessible at <materings.com> and operated by Materings.

2. Acceptance, Scope and Modification of the general conditions

These Terms and Conditions apply to all legal relations between Materings and the User for all Services related to the Application.

By using our Services, namely by creating a User Account, You are accepting, without any reserves, to be legally bound by the present Terms and Conditions and our Privacy Policy.

The object of the present Terms and Conditions is to define the conditions in which the Application is offered for use. If You do not accept these conditions, please refrain from using the Application and our Services.

The Terms and Conditions applicable to your Use of the Application are those available on the Application at the time You are proceeding to any of the described actions. All designated actions are governed by the present Terms and Conditions. Materings reserves its right to amend the Terms and Conditions at any given time and at its own discretion. In case the Terms and Conditions are amended You will be informed of said change by e-mail or through your Account. The new edition of the Terms and Conditions will be published on the Application and the publication date will be updated. A change may relate to a reduction, an increase or a modification of the Services which were initially agreed.

3. Services offered by Materings

Materings offers hobby-based networking analysis services to match Users with common interests using its proprietary algorithm and rich database.

Materings collects, compares, processes and outputs data from Users in order to then establish Profiles that are finally used to match available Users with common interests in a given surrounding area to get together for leisure activities, within or outside their usual social circle. The matched Users are connected via a messaging interface.

Any interested person can freely navigate the Materings Application, and thus, gather information and/or get in touch via the contact form and/or subscribe to the Materings newsletter and/or get in touch with Materings through the available contact information. Any visitor can also create an Account with Materings.

4. Guaranties

By creating an Account on our Application, You are formally pledging that:

You are at least 18 years old;
You will not participate in events or activities for which You are not of legal age in Your jurisdiction;
You are providing us with accurate and up-to-date information;
You will maintain and update without delay any data and information that You are providing us with;
You will ensure the strict confidentiality of Your password and of any information in relation with the security of Your Account;
You will endorse all unauthorized access to data and to all other information or Personal Data that You are providing the Application with;
You will not create more than one account; and that
You assume full personal responsibility regarding the Use of Your Account and the operations that are carried out therein.

5. Account creation process

General provisions

The Application can be accessed and used royalty-free in its entirety but requires the creation of an Account.

Registry and Account creation

In order to create an Account You will have to provide Us with Your Name, Surname, E-mail address and a password after clicking on the “My Account” / “Register” button. You will then be asked to write a small “bio”, a simple and brief description of your profile. The User can later hide their Name and Surname with an alias if they wish so.

You will then be asked to confirm Your e-mail address. Finally, You will receive a questionnaire to fill in to calibrate Your profile.

During the creation of their Account, Users pledge that:

They are providing information that is accurate and true to reality;
They will keep their information updated.

A confirmation email will be sent to the User to confirm the successful creation of their Account.

In case of loss and/or fraudulent Use of their credentials, Users immediately inform Materings.

At any given time, Materings reserves its right to suspend or to terminate the User’s access to their Account.

Account access

When a User Account is created, registered Users access their respective Accounts through usernames (Username being the email address they have used in the first place) and their personal and confidential passwords, by clicking on the link “My Account”.

The registered User understands and accepts that they alone are responsible for the Use made of their account. They pledge to keep their credentials (username and password) secret and to not to divulge them in any form. The conservation, use and transmission of credentials is operated under their sole responsibility.

The registered User pledges to inform Materings immediately of any unauthorized Use of their account, and of any breach of confidentiality or security of their credentials.

The User pledges to use their Account in conformity with the present Terms and Conditions. Materings reserves their right to suspend or delete an Account in case of clear or suspected violation of the Terms and Conditions or for any other motive they deem justified.

6. Duty to cooperate.

The User has a general duty to cooperate with Materings, in particular to provide the elements required in order for the Solution to operate normally.

7. Intellectual property.

Intellectual property rights shall include all intangible intellectual property rights, including but not limited to, copyright, moral rights, trademark rights, patents, design, industrial design, the know-how and the algorithms of which the software is made, whether registered or not, and whether or not these have been the object of a registration.

Materings owns the intellectual property rights over the entirety of the elements/work products, whether tangible or intangible provided by Materings to User within the framework of the collaboration deriving from the Use of the Application, including without limitation, the right to (nationally and internationally) Use, reproduce, distribute, communicate and transform (alter, modify or change) the (digital) designs, and all components thereof, for an unlimited period of time and in all media, to the extent permitted by applicable law. This applies also for third party services.

Materings herewith confirms that its work results do not breach any intellectual property rights or other rights of third parties.

8. Verification carried out by the User

Where the User receives information, which is submitted to them by Materings’ services, the User alone shall bear the consequences of an inaccuracy which may affect said element (error, omission, deficiency, etc.).

9. Price and conditions of payment.

The Materings Application can be accessed free of charge.

10. Termination of an Account.

The User can terminate their Account at any given time without showing any reason. You will receive an optional fill-in form to motivate your decision to leave the Application, allowing us to take your feedback into account to better our product.

At any given time, Materings reserves its right to suspend or terminate the User’s access to their Account at its own discretion.

The obligations of the Parties relating to guarantees and/or intellectual property rights continue to apply without any time limit.

Materings reserves its right to maintain (anonymized) data deriving from Your Use after the termination of Your account for analytical purposes.

11. Limitation of liability

APART FROM CASES OF UNLAWFUL INTENT OR GROSS NEGLIGENCE (ART. 100 OF THE SWISS CODE OF OBLIGATIONS), THE LIABILITY OF MATERINGS VIS-À-VIS THE USER IS FULLY EXCLUDED.

LEISURE PROFILING AND THE COMPATIBILITY ASSESSMENT PROVIDED THEREOF DOES NOT CONSTITUTE MEETING ADVICE IN ANY WAY WHATSOEVER, NOR A RECOMMENDATION OF THE INDIVIDUALS INVOLVED AND MATERINGS DOES NOT VERIFY THE INTEGRITY AND ACCURACY OF THE INFORMATION AVAILABLE ON THE APPLICATION. ANY DATA OR CONTENT PUBLISHED BY MATERINGS SHOULD NOT BE RELIED UPON FOR ANY LEISURE OR OTHER ACTIVITIES; THEY DO NOT CONSTITUTE, SHOULD NOT BE UNDERSTOOD OR CONSTRUED AS LEGAL OR OTHER PROFESSIONAL ADVICE.

MATERINGS, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, OR THE WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE, (II) THE CONDUCT OR CONTENT OF OTHER MEMBERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICE; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF MATERINGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MATERINGS’ AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF THE AMOUNT PAID, IF ANY, BY YOU TO MATERINGS FOR THE SERVICE AND CHF 100 WHILE YOU HAVE AN ACCOUNT.

MATERINGS IS THUS NOT LIABLE FOR ANY DAMAGES ARISING FROM THE USE OF THIS APPLICATION OR ANY MATERIAL CONTAINED IN IT, OR FROM ANY ACTION OR DECISION TAKEN AS A RESULT OF USING THE APPLICATION. IN ANY CASE, USERS ARE SOLELY RESPONSIBLE OF THEIR USE OF THE APPLICATION.

MATERINGS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS AND DOES NOT CONDUCT ANY, INCLUDING CRIMINAL, BACKGROUND ANALYSIS OF ITS USERS.

DO NOT DISCLOSE ANY STRICTLY PERSONAL INFORMATION (E.G. HOME ADDRESS, INFORMATION REGARDING YOUR FAMILY, ANY FINANCIAL INFORMATION) TO ANYONE YOU HAVE MET THROUGH THE MATERINGS SERVICE.

DO NOT ANSWER TO REQUESTS TO SEND MONEY.

THE INFORMATION CONTAINED ON THIS APPLICATION IS NOT A SUBSTITUTE FOR CIRCUMSPECTION USUALLY HAD IN SOCIAL INTERACTIONS AND NEW ENCOUNTERS. MATERINGS STRONGLY RECOMMENDS THAT YOU EXERCISE JUDGEMENT ON THE APPROPRIATE CHARACTER OF A GIVEN MEETING IN TERMS OF THE TIME AND THE PLACE.

12. Availability of the Service

Materings commits to maintain its Application online and performant as much as possible, but cannot guarantee that the Service will be accessible at any time. Materings cannot guarantee that the Service will not contain any defects.

If You encounter any defects on the Service, please notify us using the contact form available on the Application. We will try to remedy to the best of our availability. We may suspend, fully or in part, the access to the Application while trying to solve the problems. Materings cannot be held liable for the temporary unavailability of the Service.

Your access can be suspended to allow the necessary repairs, maintenance or the implementation of new installations. We will employ our best efforts to restore and bring our Services back online as soon as possible.

The content of our Service can evolve. We reserve our right to delete the Service without notice.

13. Unauthorized Uses of the Application

The User pledges that they will use the Application in accordance with applicable laws and the purpose of the Solution. You pledge, including but not limited to:

Not to upload, publish, send by email, transmit or introduce by any means material or files that contain viruses or any other maleficent code and not to try actions such as overloading, flooding, spamming or mail-bombing;
Not to test in any way the vulnerabilities of the Application, not to circumvent or violate the security and authentication measures in place, or moreover, not to track or try to gather any information about other Users;
Not to make use of functionalities such as “deep-link”, “page-scrape”, “robot”, “spider”, or any other tools, automatic or manual, to access, acquire, copy or survey part or all of the Application, or that You will not attempt in any way to reproduce, circumvent the navigation structure or presentation of the Application or of any content, or moreover not to obtain or try to obtain material, documents or information by means other than those available on the Application;
Access or try to access any Materings servers or offered services on the Application through pirated or hacked or password mining or other illegitimate means.

14. Indemnity by You

You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless Materings, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees due to, arising out of, or relating in any way to Your access to or Use of the Service, Your content, including but not limited to breaches of Third Party copyright, trademark, any defamatory, obscene or offensive content, or Your breach of this Agreement.

15. Severability

The nullity or invalidity of a provision set out in the present general conditions shall not affect in any way whatsoever the other provisions, which remain applicable in their entirety.

16. Waiver

The fact of not claiming for the performance of a provision of the present general conditions does not constitute a waiver of the said provision, nor of the other provisions of the general conditions. No waiver shall be effective unless expressed and in writing.

17. Applicable law and forum

The entirety of the agreements as between Materings and the User, including the present general conditions, shall be exclusively governed by Swiss law, with the exception of provisions governing International Private Law.

All disputes or claims arising out of or in connection with the general conditions or any breach thereof which cannot be settled by mutual agreement shall be submitted to the exclusive jurisdiction of the courts at Materings’ seat in Geneva, Switzerland, subject to an appeal to the Swiss Federal Tribunal.

MATERINGS

Chemin des Rasses 7

CH-1255 Veyrier