Effective: 18 May 2018
Bring! is an app and service provided by Bring! Labs AG (hereinafter the “Bring! Labs”) in Switzerland. By using Bring! the user (hereinafter the “user”) confirms to have read and understood these terms of use and agrees to them.
Bring! is made available to the User free of charge. Some features of Bring!, however, may only be available via subscription or purchase with costs. In order to use all features of Bring!, the registration as a User with a user account including a username and a valid email address as well as access to the Internet may be necessary.
Bring! is partially provided via App Stores and their associated infrastructure, for example the Apple App Store and the Google Play Store. The User shall use such App Stores independent from Bring! Labs and the respective Terms of Use shall apply.
For some features, Bring! will have to access contacts, photos, location information and further data on the User’s smartphone which Bring! might only be able to access with the express consent of the User. Such access allows the User for example to add a profile picture to his/her user profile or share shopping lists with contacts from his/her address book. Depending on the operating system used, the User must expressly confirm such access, if applicable, or can expressly block the access for Bring!.
Bring! allows for sending messages between Bring! users and to third parties, including email messages. The User expressly agrees to receive such messages and undertakes not to send any messages via Bring! which violate any laws as well as not to cause others to send such messages. Bring! Labs shall be entitled to contact the User with messages via Bring! or email at any time.
Bring! enables users to order goods directly via the Bring!-App from selected cooperation partners of Bring! (hereinafter the "Dealer(s)"). The contract between the Dealer and the respective Bring! user is concluded directly between the Dealer (as seller) and the user (as buyer). In this context, Bring! acts exclusively as an intermediary and service provider for the Dealer and the user, but does not itself become a party to the contract. Users acknowledge and agree that their contract with the Dealer may be governed by the Dealer's General Terms and Conditions and a separate Dealer Privacy Policy, which both are the sole responsibility of the Dealer.
With regard to user content subject to intellectual property rights, the User shall expressly grant Bring! Labs a royalty-free, sublicensable, non-exclusive and worldwide license to use such content in connection with Bring! subject to mandatory legal provisions.
Bring! Labs shall endeavor to ensure a high availability and reliability of Bring! (“best effort”). However, Bring! Labs can expressly not guarantee that Bring! or individual features of Bring! are continuously, at any time and/or fully available. Bring! Labs recommends the User to perform a regular data backup of his/her smartphone including Bring!.
The User shall not be legally entitled to use Bring!. Bring! Labs may discontinue its providing of Bring! or exclude the User from using Bring! at any time without stating any reasons. Bring! Labs may change Bring! at any time without stating any reasons, in particular with regard to paid functionalities, if any.
Subject to mandatory legal provisions, Bring! Labs shall not assume any liability for direct or indirect damage caused by the use of Bring! or in connection with Bring!.
In the case of violations of these terms of use and in the case of violation of rights and corresponding claims of third parties, the User shall expressly indemnify Bring! Labs from any liability and shall be liable for damages vis-à-vis Bring! Labs to the full extent.
Bring! Labs may change these terms of use at any time. The User will be informed about such changes in a suitable manner. The User may discontinue the use of Bring! at any time. By continuing the use of Bring! after changes of these terms of use have been notified, the User shall expressly consent to such changes.
Subject to mandatory legal provisions, the use of Bring! shall be exclusively governed by Swiss laws with Zurich (Switzerland) being the exclusive place of jurisdiction.
