Last updated August 1, 2026
(1) Agreement to Terms
(2) Definitions
(3) AI System Transparency
(4) Intellectual Property Rights
(5) Customer Content and Data
(6) Confidentiality
(7) User Representations
(8) User Registration
(9) Prohibited Activities
(10) Submissions
(11) Platform Management
(12) General Platform Terms
(13) Privacy Policy
(14) Subscriptions and Payment
(15) Enterprise Subscriptions
(16) Customer References
(17) Fleet Capacity and Service Demand
(18) Service Levels and Availability
(19) Term and Termination
(20) Governing Law
(21) Dispute Resolution
(22) Disclaimer
(23) Limitations of Liability
(24) Indemnification
(25) Export Control and Sanctions Compliance
(26) Electronic Communications, Transactions, and Signatures
(27) Miscellaneous
(28) Contact Us
These Terms of Use constitute a legally binding agreement made between you, as a business entity or as an individual acting on behalf of a business entity ("you"), and VIESUS AG ("Company," "we," "us," or "our"), concerning your access to and use of the viesus.cloud and viesus.com websites, the VIESUS Cloud service, and any other media form, media channel, application programming interface, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the "Platform"). We are registered in Switzerland and have our registered office at Niederhaslistrasse 14, 8157 Dielsdorf, Canton of Zurich, Switzerland. Our UID (company identification number) is CHE-154.750.120. You agree that by accessing the Platform, you have read, understood, and agreed to be bound by all of these Terms of Use. If you do not agree with all of these Terms of Use, you are expressly prohibited from using the Platform and must discontinue use immediately.
Business Use Only. The Platform and the VIESUS Cloud service are provided for business-to-business ("B2B") use only and are not directed at, or intended for use by, individual consumers acting for personal, family, or household purposes. By accessing or using the Platform, you represent that you are doing so on behalf of a business, professional, or other commercial entity, and not in a personal or consumer capacity, and that you have the authority to bind that entity to these Terms of Use.
Supplemental terms and conditions or documents that may be posted on the Platform from time to time, including any order form, statement of work, or Enterprise agreement, are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use from time to time. We will alert you about any changes by updating the "Last updated" date of these Terms of Use, and, where required by applicable law or your agreement with us, by providing additional notice. Please ensure that you check the applicable Terms every time you use our Platform so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Platform after the date such revised Terms of Use are posted.
The information provided on the Platform is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Platform from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Platform is not tailored to comply with industry-specific regulations governing special categories of data (such as the Health Insurance Portability and Accountability Act (HIPAA), the Gramm-Leach-Bliley Act (GLBA), or the Federal Information Security Management Act (FISMA)). If your use of the Platform would involve submitting data subject to such regulations, you may not use the Platform for that purpose unless we have agreed to it in writing.
The following capitalized terms have the meanings given below wherever used in these Terms of Use. Other capitalized terms are defined where they first appear.
This section is a reader's aid only. In the event of any inconsistency between this summary and the fuller definition given in the section where a term is first used, the latter governs.
The Platform uses automated, algorithm-based and artificial intelligence ("AI") technology to enhance, upscale, and correct images and other Customer Content submitted through the Platform. This Section 3 provides transparency information about that technology, having regard to applicable AI regulation, including the EU Artificial Intelligence Act (Regulation (EU) 2024/1689), to the extent it applies to our provision of the Service.
(a) Nature and Purpose. The AI system used in the Platform performs automated image enhancement, upscaling, and correction (such as color, sharpness, noise, and resolution adjustments) based on the instructions and parameters you or your Authorized Users submit. It does not make decisions about, profile, or biometrically identify or categorize natural persons, infer emotions, or perform any other function listed among the prohibited or high-risk practices under the EU AI Act.
(b) Our Assessment. Based on our current assessment, the AI system used in the Platform does not fall within the prohibited-practice or high-risk categories set out in the EU AI Act. This assessment reflects our understanding of the current regulatory framework and the nature of our technology; it is not a determination by any regulator or court, and you remain responsible for your own assessment of how the EU AI Act or other applicable AI regulation may apply to your specific use case, particularly if you incorporate Output into your own AI-related products or services.
(c) Human Oversight. The Platform acts only on the specific instructions and parameters you or your Authorized Users submit. You retain full control over whether, when, and how to use, publish, or distribute any Output, and are responsible for reviewing Output before relying on it. See also Section 22 (Disclaimer).
(d) Further Information. If you require additional information about the AI system used in the Platform for your own regulatory compliance purposes, contact us using the details in Section 28.
Unless otherwise indicated, the Platform is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Platform (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Switzerland, the European Union, and other applicable jurisdictions, as well as international conventions. The Content and the Marks are provided on the Platform "AS IS" for your information and use in connection with the Platform only. Except as expressly provided in these Terms of Use, no part of the Platform and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Platform, you are granted a limited, non-exclusive, non-transferable license to access and use the Platform in accordance with these Terms of Use and your applicable subscription plan, in connection with your business operations, including to process, enhance, and distribute images as part of the products or services you offer to your own customers or end users. We reserve all rights not expressly granted to you in and to the Platform, the Content, and the Marks.
For the avoidance of doubt, this Section 4 does not apply to your Customer Content or Output, which are addressed in Section 5.
This Section 5 governs the images and other content you or your authorized users submit to the Platform for processing ("Customer Content"), the enhanced images or other output we return to you ("Output"), and other data relating to your use of the Platform.
(a) Ownership. As between you and us, you retain all right, title, and interest in and to your Customer Content and the Output. Except for the limited license granted in Section 5(b), we do not acquire any ownership interest in your Customer Content or Output.
(b) License to Us. You grant us a limited, non-exclusive license to access, process, store, and transmit your Customer Content solely to perform the image enhancement and related processing instructions you submit through the Platform (via the API, dashboard, or other supported interface), and for no other purpose. We do not use your Customer Content or Output for any purpose beyond performing the specific instructions you submit — including that we do not use, analyze, or otherwise process your Customer Content or Output to train, develop, or improve our own or any third party's models or products, whether in identifiable, anonymized, or aggregated form, unless you have given us your prior written consent to do so.
(c) Deletion of Customer Content. Customer Content and Output are automatically deleted from our systems no later than thirty (30) days after processing, or sooner if you configure a shorter retention period through the applicable API parameters or account settings. We are not obligated to retain, and are not liable for the loss of, any Customer Content or Output after the applicable retention period has elapsed. You are responsible for retaining your own copies of any Customer Content or Output you wish to keep.
(d) Inactive Account Deletion. If your account has been inactive for six (6) consecutive months (meaning no login, API activity, or active subscription during that period), we may deactivate and permanently delete the account, together with any associated data still held on our systems, without further notice. We recommend exporting or backing up any data you wish to retain before an extended period of inactivity.
(e) Confidentiality of Customer Content. We will treat your Customer Content as confidential and will not disclose it to third parties except: (1) to our subprocessors, strictly as needed to provide the Platform — currently including DigitalOcean, Paperspace, and AWS, with the current list available in our Privacy Policy — and subject to confidentiality obligations at least as protective as this Section 5(e); (2) as required by applicable law, regulation, or a binding order of a competent authority; or (3) with your prior written consent.
(f) Account and Platform Data. We will maintain certain data that you transmit to the Platform for the purpose of managing its performance, as well as data relating to your use of the Platform. We implement appropriate technical and organizational measures designed to protect the security of data transmitted through the Platform, as further described in our Privacy Policy. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you undertake using the Platform. You agree that we shall have no liability to you for any loss or corruption of such data, except to the extent caused by our gross negligence or wilful misconduct, or as otherwise required by applicable law. For provisions specific to Platform availability and processing time, see Section 18.
"Confidential Information" means any non-public information disclosed by one party to the other in connection with these Terms of Use or an order form, including pricing, discounts, order forms, statements of work, and other commercial or technical terms not generally available to the public. For the avoidance of doubt, Confidential Information does not include Customer Content or Output, which are addressed exclusively in Section 5.
Each party agrees to: (a) use the other party's Confidential Information solely to exercise its rights and perform its obligations under these Terms of Use; (b) protect it using at least the same degree of care it uses to protect its own confidential information of a similar nature, and in any event no less than a reasonable degree of care; and (c) not disclose it to any third party except to its employees, contractors, or advisors who have a need to know and who are bound by confidentiality obligations at least as protective as this Section 6.
These obligations do not apply to information that: (i) is or becomes publicly available through no fault of the receiving party; (ii) was rightfully known to the receiving party before disclosure by the other party; (iii) is independently developed by the receiving party without use of the disclosing party's Confidential Information; or (iv) must be disclosed under applicable law, regulation, or a binding order of a competent authority, provided that, where legally permitted, the receiving party gives the disclosing party reasonable advance notice of such disclosure.
By using the Platform, you represent and warrant that: (1) all registration and account information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update it as necessary; (3) you (and, where you are an individual acting on behalf of a business entity, that entity) have the full legal capacity and, where applicable, the corporate authority, to enter into and comply with these Terms of Use; (4) you will not access the Platform through automated or non-human means, whether through a bot, script, or otherwise, except through APIs and integrations that we expressly provide or authorize; (5) you will not use the Platform for any illegal or unauthorized purpose; and (6) your use of the Platform will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Platform (or any portion thereof).
You may be required to register with the Platform. You agree to keep your password and any API keys or access credentials confidential and will be responsible for all activity that occurs under your account and credentials. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, infringing, or otherwise objectionable.
You may not access or use the Platform for any purpose other than that for which we make it available, and only in accordance with your applicable subscription plan and any agreed usage limits. As a user of the Platform, you agree not to: (1) systematically retrieve data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission; (2) trick, defraud, or mislead us or other users, especially in any attempt to learn sensitive account information such as passwords or API keys; (3) circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that enforce limitations on usage, credits, or rate limits; (4) disparage, tarnish, or otherwise harm, in our reasonable opinion, us or the Platform; (5) use any information obtained from the Platform to harass, abuse, or harm another person or entity; (6) make improper use of our support services or submit false reports of abuse or misconduct; (7) use the Platform in a manner inconsistent with any applicable laws or regulations; (8) engage in unauthorized framing of, or deep-linking to, the Platform; (9) upload or transmit, or attempt to upload or transmit, viruses, Trojan horses, malware, or other material, including excessive automated requests, that interferes with any party's use and enjoyment of the Platform, or that impairs, disrupts, or interferes with the operation or maintenance of the Platform; (10) engage in unauthorized automated use of the Platform, such as scraping, data mining, or using bots or similar data-gathering or extraction tools, other than through our supported APIs or with our prior written consent; (11) delete or alter the copyright or other proprietary rights notices from any Content; (12) attempt to impersonate another user, person, or entity, or use the credentials of another account; (13) upload or transmit any material that acts as a passive or active information-collection or transmission mechanism, such as tracking pixels, web bugs, or unauthorized cookies, without our authorization; (14) interfere with, disrupt, or place an undue burden on the Platform or the networks or systems connected to it, including our processing fleet; (15) harass, annoy, intimidate, or threaten any of our employees, contractors, or agents; (16) attempt to bypass any measures of the Platform designed to prevent or restrict access; (17) copy, adapt, decompile, disassemble, or reverse engineer any software comprising the Platform, except to the extent such restriction is prohibited by applicable law; (18) use any automated system, including any spider, robot, scraper, or offline reader, to access the Platform other than through our supported APIs, or launch any unauthorized script or software against the Platform; (19) make any unauthorized use of the Platform, including collecting usernames, email addresses, or account information for the purpose of sending unsolicited communications, or creating accounts by automated means or under false pretenses; or (20) use the Platform to build a competing product or service, or otherwise use the Platform or the Content for any purpose not permitted by your subscription plan or a separate written agreement with us.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Platform ("Submissions") that you provide to us are non-confidential and may be used by us without restriction. Except to the extent expressly agreed otherwise in writing, we may use and incorporate Submissions into the Platform for any lawful business purpose, without acknowledgment or compensation to you. You warrant that any such Submissions are original to you or that you have the right to submit them, and you agree that we will have no liability to you arising from our use of your Submissions. For clarity, this Section 10 does not apply to your Customer Content or Output, which are addressed exclusively in Section 5.
We reserve the right, but not the obligation, to: (1) monitor the Platform for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including reporting such user to law enforcement authorities; (3) in our sole discretion, refuse, restrict access to, limit the availability of, or disable any content, integration, or account, or any portion thereof; (4) remove or disable content or usage that is excessive in size or otherwise burdensome to our systems, including our processing fleet; and (5) otherwise manage the Platform in a manner designed to protect our rights and property and to facilitate its proper functioning.
We also reserve the right to change, modify, or remove the contents of the Platform, or to modify or discontinue all or part of the Platform, at any time or for any reason at our sole discretion, subject to any notice period expressly agreed in your order form. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Platform, except as expressly agreed in a separate written agreement with you.
We cannot guarantee the Platform will be available at all times, and may experience hardware, software, or other problems, or need to perform maintenance, resulting in interruptions, delays, or errors. Nothing in these Terms of Use obligates us to maintain and support the Platform, or to supply any corrections, updates, or releases, except as expressly agreed in a separate written agreement with you. For provisions specific to fleet capacity, queuing, and service levels for VIESUS Cloud, see Sections 17 and 18.
(a) Third-Party Websites and Content. The Platform may link to or display content from third parties ("Third-Party Content"). We do not investigate, endorse, or take responsibility for Third-Party Content or any third-party websites linked from the Platform, and your use of them is at your own risk and governed by their own terms, not these Terms of Use. Any purchases you make through third-party websites are exclusively between you and the applicable third party.
(b) Copyright Infringement Notices. If you believe material available on or through the Platform infringes a copyright you own or control, notify us using the contact details in Section 28. Please be aware that you may be held liable for damages under applicable law if you make material misrepresentations in an infringement notice.
(c) Corrections. The Platform may contain typographical errors, inaccuracies, or outdated information, including descriptions, pricing, and availability. We may correct or update such information at any time, without prior notice.
We care about data privacy and security. Please review our Privacy Policy at https://www.viesus.cloud/privacy-policy, which is incorporated into these Terms of Use by reference. By using the Platform, you agree to be bound by our Privacy Policy.
Please be advised that the infrastructure supporting the Platform is hosted in the Netherlands and the United States. If you or your end users access the Platform from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in those jurisdictions, then through your continued use of the Platform, data is transferred to and processed in the Netherlands and/or the United States, subject to appropriate safeguards described in our Privacy Policy (including standard contractual clauses or equivalent transfer mechanisms, where required under the Swiss Federal Act on Data Protection (FADP) or the EU General Data Protection Regulation (GDPR)). Where you submit personal data to the Platform on behalf of your own customers or end users, you remain responsible for ensuring you have a valid legal basis to do so and for providing any notices required under applicable data protection law.
VIESUS Cloud is offered under different subscription tiers, including Basic, Business, and Enterprise plans, as described on the Platform or in your applicable order form.
(a) Basic and Business Subscriptions. Basic and Business subscriptions are billed in advance for the applicable billing period. Upon payment, you receive a standard allotment of image enhancement credits for that period. Unused credits expire or roll over only to the extent expressly stated in your plan terms.
(b) Enterprise Subscriptions. Enterprise subscriptions are billed monthly in arrears, based on your actual consumption of image enhancement credits during the preceding billing period, at the rates set out in your order form or applicable price list. Additional terms applicable to Enterprise subscriptions are set out in Section 15 below.
(c) Fees and Taxes. All fees are exclusive of applicable taxes, including Swiss VAT, unless stated otherwise. You are responsible for all taxes associated with your use of the Platform, other than taxes based on our net income. Fees are non-refundable except as expressly stated in these Terms of Use, your order form, or as required by applicable law.
(d) Term and Renewal. Unless otherwise specified in your order form, Basic and Business subscriptions run for the billing period selected at signup (monthly or annual) and automatically renew for successive periods of the same length, unless either party gives written notice of non-renewal at least thirty (30) days before the end of the then-current period. Enterprise subscriptions run for the term specified in the applicable order form.
Enterprise subscriptions are intended for business customers with higher-volume or variable image enhancement needs and are subject to the following additional terms, in addition to Section 14 above:
(a) Consumption-Based Billing. Enterprise customers are invoiced monthly in arrears for image enhancement credits consumed during the prior billing period. Credit consumption is available to you on an ongoing basis through your account dashboard, alongside your own records of requests submitted to the API, so you can track and reconcile usage in real time.
(b) Prioritized Processing, Subject to Capacity. VIESUS Cloud processes image enhancement requests using a fleet of dedicated processing machines. Enterprise customers are generally prioritized for faster processing relative to Basic and Business subscribers. However, we do not guarantee any specific response time, turnaround time, or uptime, and processing speed always remains subject to available fleet capacity at the relevant time. See Section 17 (Fleet Capacity and Service Demand) and Section 18 (Service Levels and Availability) for further detail.
(c) Order Forms Prevail. To the extent an Enterprise order form, statement of work, or separate written agreement between you and us conflicts with these Terms of Use, that order form or separate agreement will govern with respect to the subject matter it addresses.
(d) Account Management. Enterprise customers may be assigned a dedicated point of contact for account and capacity-planning matters; this does not modify or supersede the notice requirements in Section 17.
You agree that we may identify you as a VIESUS Cloud customer and use your name, logo, and a general description of your use of the Platform in our marketing materials, case studies, website, sales presentations, and other promotional contexts. We will use reasonable efforts to comply with any written trademark or brand usage guidelines you provide to us. You may withdraw this permission at any time by notifying us in writing at info@viesus.com; we will cease new uses of your name and logo within a reasonable time after receiving such notice, though materials already published or in distribution before that notice may continue to circulate.
VIESUS Cloud runs on a fleet of dedicated image-processing machines. The size of this fleet is provisioned based on anticipated demand, and additional machines are activated or scaled in response to expected and actual usage across all customers. Bringing additional capacity online takes time, so we size and adjust the fleet based on the demand signals available to us, including the notices described below.
(a) Advance Notice of Demand Increases. If you anticipate a material increase in your volume of image enhancement requests (for example, due to a product launch, marketing campaign, seasonal peak, or onboarding of new end users), you must notify us in writing at info@viesus.com at least thirty (30) days before the expected increase, describing the anticipated change in volume and its timing, so that we can plan and provision fleet capacity accordingly.
(b) No Guaranteed Capacity Without Notice. We do not guarantee that the fleet will have sufficient available capacity to absorb sudden or unannounced increases in demand without delay. A sudden, uncommunicated surge in image enhancement requests may exceed currently active fleet capacity and result in queuing and increased processing times while additional machines are brought online.
(c) Limitation of Liability for Queuing. To the fullest extent permitted by applicable law, we are not liable for any delay, queue, backlog, or increased processing time resulting from an increase in your volume of image enhancement requests that was not communicated to us in accordance with Section 17(a). This limitation is in addition to, and does not limit, the disclaimers and limitations of liability set out in Sections 22 and 23.
(d) Best Efforts Where Notice Is Given. Where advance notice has been properly given under Section 17(a), we will use commercially reasonable efforts to provision sufficient fleet capacity ahead of the anticipated increase. Nothing in this Section 17 constitutes a guaranteed service level, uptime commitment, or response-time guarantee for Basic, Business, or Enterprise subscriptions, unless expressly set out in a separate written service level agreement signed by both parties, as described in Section 18.
(a) Status Page. Current and historical availability of the Platform, including any incidents, is published at https://status.viesus.cloud/ (the "Status Page"). The Status Page is the authoritative source of record for Platform availability under these Terms of Use and any applicable service level agreement.
(b) Availability vs. Processing Time. "Availability" refers to the ability to successfully submit a request to the Platform and receive acknowledgment that it has been accepted for processing (for example, a valid job identifier), as reported on the Status Page. Availability is measured independently of, and is not reduced by, the time a successfully accepted job subsequently spends in the processing queue before completion ("Processing Time"). Queuing of accepted jobs during periods of high demand, as described in Section 17, reflects normal operation of the Platform and does not constitute unavailability or downtime. You acknowledge that inherent technical realities apply to your use of the Platform, including potential timeout periods and processing time variability based on input complexity, model load, or queue times.
(c) Input Requirements and Job Failures. The Platform requires that submitted images and files meet the format, size, and other requirements set out in our API documentation at https://docs.viesus.com/reference/cloud-api (the "Documentation"). A job that fails, errors, or produces no usable output because the submitted file is corrupt, malformed, or otherwise does not meet the requirements set out in the Documentation is not a failure of the Platform. Such failures are not counted against Availability or Processing Time and are excluded from any service level commitment.
(d) Enterprise Service Level Agreements. Basic and Business subscriptions are provided without any committed Availability or Processing Time target; we use commercially reasonable efforts consistent with Section 17. Enterprise customers may agree with us on specific Availability targets, Processing Time targets, and associated remedies (such as service credits) in a separate written service level agreement referenced in their order form. In the event of any conflict between such a service level agreement and this Section 18, the service level agreement governs for the customer that agreed to it.
These Terms of Use, together with your subscription, remain in effect for the term set out in your order form, or, if no order form applies, until terminated by either party in accordance with this Section 19.
(a) Termination for Convenience. Either party may terminate these Terms of Use or your subscription for convenience upon thirty (30) days' prior written notice to the other party, unless a different notice period is expressly agreed in your order form.
(b) Termination for Cause. We may suspend or terminate your access to the Platform immediately and without prior notice if: (i) you materially breach these Terms of Use, including the Prohibited Activities in Section 9; (ii) you fail to pay undisputed fees when due; or (iii) we reasonably believe your use of the Platform poses a security risk, legal liability, or risk of harm to us or any third party. Where a breach is capable of being remedied, we will use reasonable efforts to give you notice and a reasonable opportunity to cure it before terminating, except where immediate suspension is necessary to prevent harm.
(c) Effect of Termination. If we terminate your subscription for convenience under Section 19(a), or for a reason other than your uncured breach, we will refund any prepaid, unused subscription fees on a pro-rata basis for the remainder of the then-current term. No such refund is due if we terminate or suspend your account under Section 19(b).
(d) Post-Termination Conduct. If we terminate or suspend your account under Section 19(b), you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
These Terms of Use are governed by and interpreted in accordance with the laws of Switzerland, and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. VIESUS AG and you both agree to submit to the non-exclusive jurisdiction of the courts of Zürich, Switzerland, without prejudice to any mandatory consumer or data protection rights that may apply to your end users under the law of their country of residence.
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other.
Binding Arbitration
Any dispute arising from the relationship between the Parties under these Terms of Use shall be finally settled by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Arbitration Centre, in force on the date on which the notice of arbitration is submitted, by one arbitrator appointed in accordance with those Rules. The seat of arbitration shall be Zürich, Switzerland. The language of the proceedings shall be English or German. The applicable substantive law shall be the law of Switzerland.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law: (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis; and (c) there is no right or authority for any Dispute to be brought in a representative capacity on behalf of the general public or any other persons or entities.
Exceptions
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce, protect, or concerning the validity of any intellectual property rights of a Party; (b) any Dispute related to allegations of theft, unauthorized access, or invasion of privacy; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then such Dispute shall instead be decided by a court of competent jurisdiction within the courts identified in Section 20, and the Parties agree to submit to the personal jurisdiction of that court.
The Platform is provided on an as-is and as-available basis. You agree that your use of the Platform will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Platform, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Platform's content or the content of any websites linked to the Platform, and we assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage resulting from your access to and use of the Platform, (3) any unauthorized access to or use of our secure servers and/or any personal or financial information stored therein, (4) any interruption or cessation of transmission to or from the Platform, (5) any bugs, viruses, Trojan horses, or the like transmitted to or through the Platform by any third party, (6) any queuing, delay, or processing delay arising from fleet capacity constraints as described in Section 17, (7) any job failure, error, or lack of usable output resulting from Customer Content that does not meet the requirements described in Section 18(c), and/or (8) any errors or omissions in any content or materials, or any loss or damage incurred as a result of the use of any content made available via the Platform. Automated Image Enhancement. The Platform uses automated, algorithm- and AI-based image processing to enhance Customer Content, as further described in Section 3 (AI System Transparency). Enhancement results depend on the quality, resolution, format, and content of the file you submit, and may vary between jobs, include visual artifacts or inconsistencies, or otherwise not match your expectations. We do not guarantee any specific visual, aesthetic, or qualitative result from the Platform. You are solely responsible for reviewing Output before using, publishing, or distributing it, and you should not rely on the Platform as a substitute for your own quality control or professional judgment.
We do not warrant, endorse, guarantee, or assume responsibility for any product or service offered by a third party through the Platform or any hyperlinked website.
In no event will we or our directors, employees, or agents be liable to you or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, or loss of data, arising from your use of the Platform, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary in these Terms of Use, our aggregate liability to you for any cause whatsoever, and regardless of the form of action, will at all times be limited to the amount paid by you to us during the six (6) month period preceding the event giving rise to the claim. Certain jurisdictions do not allow the limitation or exclusion of liability for certain types of damages; if these laws apply to you, some or all of the above limitations may not apply to you, and you may have additional rights. Nothing in these Terms of Use limits our liability for death, personal injury, gross negligence, or wilful misconduct, where such limitation is not permitted under applicable law.
You agree to defend, indemnify, and hold us harmless, including our affiliates and all of our respective officers, directors, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) content or data you submit through the Platform; (2) your use of the Platform; (3) your breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; or (5) your violation of the rights of a third party, including intellectual property or data protection rights. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims.
You represent and warrant that you are not located in, organized under the laws of, or ordinarily resident in any country or territory that is the subject of comprehensive Swiss, EU, UN, or US sanctions or embargoes, and that neither you nor any of your officers, directors, or beneficial owners is listed on any denied-party, sanctions, or export control list maintained by Switzerland, the European Union, the United Nations, or the United States.
You agree to comply with all applicable export control and economic sanctions laws and regulations in connection with your access to and use of the Platform, and not to use the Platform to transmit, process, or make available any Customer Content in violation of such laws.
We may suspend or terminate your access to the Platform immediately, without liability to you, if we reasonably believe your use of the Platform violates this Section 25 or exposes us to sanctions or export control risk.
Visiting the Platform, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Platform, satisfy any legal requirement that such communication be in writing. You agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Platform, to the extent permitted by applicable law.
These Terms of Use, together with your order form (if any) and our Privacy Policy, constitute the entire agreement and understanding between you and us regarding the Platform. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations under these Terms of Use to others, including in connection with a merger, acquisition, or sale of assets, without your consent. You may not assign or transfer these Terms of Use, or any of your rights or obligations under them, whether by operation of law, change of control, or otherwise, without our prior written consent, which will not be unreasonably withheld; any purported assignment in violation of this provision is void. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any event beyond our reasonable control. If any provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision is deemed severable and does not affect the validity and enforceability of the remaining provisions. No joint venture, partnership, employment, or agency relationship is created between you and us as a result of these Terms of Use or use of the Platform.
To resolve a complaint regarding the Platform, to request fleet capacity planning under Section 17, or to receive further information, please contact us at:
VIESUS AG Niederhaslistrasse 14 8157 Dielsdorf, Canton of Zurich Switzerland UID: CHE-154.750.120 Email: info@viesus.com