2.2. The events functionality of schedulR Basic allows corporate customers (Corporates), partners of Interaction Partners, such as investor relations firms and stock exchange operators – e.g. SIX Swiss Exchange AG – (Partners) and Interaction Partners to advertise investor relations events to investor customers (Investors) and to invite Investors to events. It also allows Investors to ask for or accept invitations to such events. The news functionality of schedulR Basic allows Corporates to send corporate news to Investors or to make corporate news available within schedulR Basic for retrieval and re-distribution by Partners – e.g. SIX Swiss Exchange AG.
2.3. Customer agrees that Interaction Partners may modify or withdraw schedulR Basic (or any part thereof) at any time. Modifications of schedulR Basic will replace previous versions of schedulR Basic.
3.2. At any time, the Right of Use relates to Customer’s access to and use of the most current version of schedulR Basic made available to Customer on the Website.
4.2. Customer shall not, and shall not permit any third parties to rent, lease, lend, resell, or transfer schedulR Basic or any part thereof; modify or create derivative works based on schedulR Basic; disassemble, decompile or reverse engineer schedulR Basic; or work around technical limitations of schedulR Basic or security measures incorporated therein; except (in each case) to the extent applicable law permits Customer to do so.
5.1. Interaction Partners warrants that the version of schedulR Basic made available on the Website at any time will perform substantially as described on the Website.
5.2. In the event of a breach of the warranty pursuant to Section 5.1, Customer’ sole remedy shall be to request, by contacting the helpdesk made available by Interaction Partners that Interaction Partners remove the failure identified and documented by Customer. Customer may contact the helpdesk at email@example.com. In order to remove the failure, Interaction Partners may correct or replace the part of schedulR Basic that causes the failure or replace the current version of schedulR Basic with a new version.
5.4. The preceding warranties (Sections 5.1–5.3) are the exclusive warranties that Interaction Partners provides in relation to schedulR Basic; they expire upon expiry of the Term for any reason. Interaction Partners expressly excludes all other warranties, representations, guarantees and remedies of any kind, whether express, implied, statutory or otherwise regarding schedulR Basic. Interaction Partners does not warrant uninterrupted or failure-free availability of schedulR Basic, or that Interaction Partners will remove all failures. In addition, Interaction Partners disclaims any warranties of merchantability and fitness of schedulR Basic for a particular purpose that is not in accordance with the purpose referred to on the Website, or any conditions of satisfactory quality or that schedulR Basic meets Customer’s requirements. The foregoing exclusions and disclaimers shall apply to the maximum extent permitted by applicable law.
6.1. Interaction Partners’ liability for any damages, whether derived from torts or breaches of contract (Damages) in connection with Customer’s access and use of schedulR Basic shall be limited to the amount of CHF 10,000 (or equivalent) per calendar year. The foregoing limitation shall not apply to Damages caused by unlawful intent or gross negligence.
6.2. To the maximum extent permitted by law, Interaction Partners shall not be liable, in any event, to Customer and its directors, officers, employees, shareholders, affiliates, suppliers, contractors, agents and representatives for any consequential or indirect damages, including without limitation lost profits, loss of use, cost of procurement of substitute goods or services or for any indirect, or punitive or other non-compensatory damages.
6.3. Solely Corporates or, as applicable, Partners are responsible for Customer Contributions made available to Investors (or Partners) by any means in connection with their use of schedulR Basic. Corporates remain responsible for compliance with the laws and regulations that apply to them as listed issuers (including in relation to corporate news communication). Interaction Partners will not check the accuracy, completeness or suitability of Customer Contributions and shall not be obligated to do so. None of the Customer Contributions constitute an offer, a solicitation of an offer or a recommendation by Interaction Partners to buy investment products or enter into transactions of any kind. The Customer Contributions cannot replace consultation with a financial or other independent professional advisor. Interaction Partners disclaims all liability for damages or losses incurred by Investors’ relying on Customer Contributions.
7.1. schedulR Basic may allow Customer (as Corporate, Investor or Partner) to post, display, transmit, perform, publish, distribute, or otherwise make available text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material, including without limitation information about events, corporate news, or Corporate profiles or Investor profiles created and made available on schedulR Basic (collectively Customer Contributions).
9.1. Interaction Partners may suspend or limit Customer’s access to and use of schedulR Basic during any breach of Clauses 4.1, 4.2 or 7.2. Further, Interaction Partners reserves the right to revoke Customer’s Right of Use in the event of Customer’s continued breach of Clauses 4.1, 4.2 or 7.2, provided Customer fails to remedy such breach within ten (10) days of receipt of Interaction Partners’ non-compliance notice.
9.2. If Interaction Partners suspends, limits or revokes Customer’s Right of Use for any reason, Customer is prohibited from registering or creating a new user account.
Version: March 18, 2022.