SYLVA AG, a Swiss corporation, (the “Company”) developed and created SYLVA, a software application accessible as a web application or application on other platforms or devices, and provides support services to use the application (collectively the “Services”). The present Terms and Conditions shall govern all access to and use of the Services. These terms apply to all individuals who access and use the Services ("Users").
Where used in the present Terms and Conditions, the following capitalized terms shall have the meanings indicated below, unless the context suggests otherwise:
“Content” shall refer to any information, content, text, graphics, photos, and other materials uploaded or downloaded on SYLVA by a User.
“User” shall refer to all individuals who use and access the Services. The Company offers different types of accounts on SYLVA for different types of Users.
“Seat” shall refer to the invited access to the Content published by a specific User.
“SYLVA” shall refer to the Company’s proprietary platform and software.
“Terms and Conditions” shall refer to these Terms and Conditions, including any changes or amendments made to these Terms and Conditions from time to time.
“You” shall refer to you as a User of the Company’s website, the SYLVA software, and Services. If you use the Services on behalf of a company, organization, government, or other legal entity, then “you” includes you and that entity, and you represent that you are an authorized representative of the entity with the authority to bind the entity to these Terms and Conditions.
In these Terms and Conditions, words importing the singular shall include the plural and vice versa, unless explicitly indicated otherwise.
These Terms and Conditions shall apply to your access to the SYLVA platform, access to the Company’s website, purchase of Services, and usage of Seats and matters relating thereto. Prior to the purchase of a Seat, you agree to read and be bound by these Terms and Conditions.
These Terms and Conditions are enforceable and binding upon you. These Terms and Conditions constitute the entire agreement between you and the Company with respect to the subject matter hereof. If you do not agree with the Terms and Conditions, in full or in part, your sole recourse shall be to not purchase a Seat and not use SYLVA or the Company’s website.
To be eligible to purchase a Seat, you confirm the following:
The Company may modify, amend, or otherwise change these Terms and Conditions at any time, at the Company’s discretion. The latest version of these Terms and Conditions shall be published on the Company’s website for review.
The latest version of the Terms and Conditions, as published on the Company’s website, shall be enforceable and effective. The Company encourages you to review these Terms and Conditions periodically to ensure you are informed of the most recent version thereof.
Seats shall provide access to Content published or updated by a User on the SYLVA platform. A Seat may correspond to a particular course offered by a User for a set duration. You will receive the Seat by invitation from the User, either paid by said User or yourself. Any additional courses offered by the same User may be subject to additional Seats. Any courses taught by different Users may also be subject to additional Seats. The Company invites you to send any inquiries regarding the number of Seats required by using the Contact section of the Company’s website.
A seat does not entitle you to complete a course successfully, to attain grades or certificates of such course, nor to obtain access to expired components of the Content such as retake exams or assignments, unless confirmed by the User who published the Content in accordance with any applicable rules and laws.
Seats may be purchased from the Company directly or from an authorized reseller of the Company. You agree to submit payment to the Company in accordance with the instructions provided by the Company and in the manner requested by the Company. Upon the Company’s receipt of your payment for the Seats, you shall be granted access to the Seat(s) purchased for the duration specified. A seat is redeemed once the invited User has logged in to SYLVA and accessed any part of the Content. Redeemed Seats cannot be refunded or revoked by the User.
The Content uploaded and published on SYLVA shall emanate from the publishing User. SYLVA is offered by the Company to facilitate the provision, publication, and diffusion of Content by the publishing User. The Company shall therefore not be responsible for any erroneous, incomplete, false, inaccurate, or otherwise problematic Content. Any questions, comments, inquiries, recommendations, or communications regarding the Content should be addressed with the publishing User.
You shall be responsible for using SYLVA and the Company’s website in accordance with all applicable laws and these Terms and Conditions. More specifically, you are not authorized to use SYLVA or the Company’s website for any of the following purposes:
You agree that your personal information provided to the Company or inputted in SYLVA will be complete, true, and thorough to the best of your knowledge. You further agree to update your personal information as needed to ensure your information remains up to date and current.
The Seat shall be granted to you for the duration specified by the Company on behalf of the User who published the Content or the Company’s authorized reseller, subject to the proper payment of any sums due for the Seat. Upon the end of the course duration, or the duration set forth by the Company on behalf of the User who published the Content or the authorized reseller, access to the Seat shall be withdrawn. Upon the withdrawal of a Seat, you shall no longer benefit from the access and rights granted under the Seat.
You may request the termination or deactivation of your Seat(s) by sending the Company a written notice. The Company shall then evaluate your request and terminate or withdraw your Seat as appropriate under the circumstances. Upon the termination or withdrawal of your Seats, you shall no longer be granted access to the Content published on SYLVA.
The Company may terminate or withdraw your Seat(s) at any time, for reasons of necessity, upon valid request, or if you have breached these Terms and Conditions, in full or in part. You understand that you shall have no recourse against the Company for terminating or otherwise withdrawing your Seat for any of the reasons above, and you waive any and all rights you may have in connection thereto.
The termination or withdrawal of the Seat shall not affect the applicability of these Terms and Conditions. The intellectual property, limitations of liability, warranties, and disclaimers and payment provisions of these Terms and Conditions shall remain applicable and binding, notwithstanding the termination or withdrawal of your Seats.
Any Content published or uploaded on SYLVA and/or the Company’s website is owned by the Company, uploading User, or entity represented by the User. All such content, including logos, trademarks, marks, and protected content, constitutes intellectual property, and is subject to the protection offered by applicable intellectual property laws. All rights related to the intellectual property of content published or uploaded on SYLVA and/or the Company website are reserved.
You may reproduce and print portions of the Content for personal usage only. You are not authorized to sell, commercialize, monetize, lease, or otherwise use portions of the Content, SYLVA, or the Company’s website for commercial purposes, except with the Company’s explicit prior written consent.
SYLVA and/or the Company’s website may contain links to third party websites or applications. Such links are for reference purposes only. The usage of any third party links shall not be subject to these Terms and Conditions. You understand that SYLVA and the Company’s website are not affiliated with the third party links, unless expressly stated otherwise by the Company.
The Seats shall be provided by the Company “as is” without guarantees or warranties of any nature. More specifically, the Seats are provided without warranty of any kind, statutory, implied, or express.
The Company shall apply reasonable commercial efforts to ensure the usage of SYLVA is continuous and without interruption or issue, however, some situations out of the Company’s control may arise, which may impact the usage or access to SYLVA. The Company shall apply all processes required or preferable to minimize damage and resume uninterrupted usage of SYLVA.
You understand that the Content shall emanate from other Users, and not from the Company. As a result, all concerns and claims regarding the Content shall not be directed to the Company.
Despite the Company’s best efforts and the establishment of proper and secure processes, you acknowledge that technical problems may arise when using SYLVA or the Company’s website. These technical problems can prevent, suspend, or delay access to SYLVA, the Company’s website, or any contents thereof. The Company does not warrant or guarantee that SYLVA and the Company’s website will be accessible and uninterrupted at all times, without restriction.
You agree that your usage of SYLVA and the Company’s website shall be at your sole risk, to the Company’s exclusion. To the extent permitted by law, the Company excludes and disclaims liability for any and all indirect, consequential, punitive and incidental damages, including losses, claims, expenses, and proceedings in connection therewith, even if the Company was aware of the possibility of such damages.
In all cases, the Company’s aggregate responsibility towards you shall not exceed the fees you paid to acquire a Seat to use SYLVA.
In consideration of the right to use SYLVA and any other right granted to you by the Company, you hereby agree to indemnify and hold the Company harmless from and against all losses, damages, liabilities, costs, and expenses in connection with any claims, actions, proceedings, investigations or suits brought by a third party, arising out of:
These Terms and Conditions, including any document referenced herein, shall consist of the entirety of the terms applicable to you as a user of SYLVA. Unless otherwise specified by the Company, no other terms and conditions, agreements or arrangements shall apply between you and the Company with respect to your usage of SYLVA.
If any provision contained in these Terms and Conditions is determined to be invalid or otherwise enforceable by a competent court, the provision in question shall be severed from these Terms and Conditions. The remaining provisions of these Terms and Conditions shall continue to be enforceable and valid.
Nothing in these Terms and Conditions shall be construed as a waiver of the Company’s rights or a breach except if the Company has expressly waived a right or a breach in writing. The waiver shall only apply to one (1) occurrence, and shall not be deemed to have waived a prior or future breach or right.
The present Terms and Conditions shall be construed and governed by the applicable Swiss laws. You agree that these Terms and Conditions are governed by Swiss laws, even if you are based outside of Switzerland. The Terms and Conditions shall be enforceable and binding regardless of where you are based.
Should a dispute, disagreement, or claim arise out of these Terms and Conditions, the Company reserves the right to submit the dispute to the competent courts located in Switzerland for handling, without reference to the principle of conflict of laws.
Further, the Company reserves the right to introduce a claim or legal action in another jurisdiction if the Company determines another jurisdiction would be favorable in such case.
Prior to introducing any legal action or claim, you and the Company shall use good faith efforts to settle the issue amicably. The Company may refer the dispute to mediation to assist in the resolution thereof in a manner that is equitable for you and the Company. If the dispute cannot be resolved by negotiations and mediation, the dispute may then be referred to a competent court located in Switzerland.
Force Majeure is one or a series of unexpected events and situations that are caused by an external source, beyond the Company’s control. Force Majeure events may refer to government orders, strikes, hurricanes, natural disasters, epidemics, failure of a network and other unpredictable events. You acknowledge that the Company shall not be responsible for performing its obligations as specified in these Terms and Conditions during a Force Majeure event. SYLVA may not be functional or operational, in full or in part, during a Force Majeure event.
The Company prefers to receive notices, communications, and questions in writing to ensure a written trail and to document its files. Any such notices should be sent to the Company by email at firstname.lastname@example.org or through the Contact section of the Company’s website.
The Company may send notices to you regarding SYLVA, usage, pricing, and other matters in connection therewith. As a result, you agree to provide the Company with your current and valid email address. You acknowledge that the Company shall not be responsible if you do not receive a written notice sent by email to the email address you provided. You are responsible for promptly informing the Company of any changes to your email address, whether new, updated, compromised, or deleted.
Any questions, comments, feedback, or inquiries relating to the present Terms and Conditions should be directed to the Company by way of email at email@example.com or using the Contact section of the Company’s website or application.
The Company shall attempt to respond to all questions, comments, feedback, and inquiries promptly and thoroughly. If requested by the Company, you agree to provide additional information and details to allow the Company to properly manage your request.