Terms and Conditions

Last updated:  May 4, 2021
Who we are and how to contact us

 

www.urb.io is a site operated by Urbio SA ('We', 'Us').

 

We are registered in the Swiss Confederation with our registered office place at:

 

Urbio SA

Rue de l’Industrie 17

1950 Sion

Switzerland

 

To contact us for more information: contact@urb.io

 

 

Scope

 

These Terms and Conditions ('Terms') define the rules for using the online energy planning applications and services ('Service') as well as the website www.urb.io (together with the Services, the 'Site') provided by Urbio SA. Please read these Terms carefully before using the Site.

 

This Site provides general information on our business to visitors browsing the Site without having registered yet ('Visitor') and upon registration access to our Service. By accessing the Site as a Visitor, or as a registered user ('User'), or by registering to our Service on behalf of a company or other entity ('Client'), you (collectively referred to as 'you', 'your', or 'yours') accept these Terms.

 

If you do not agree to these Terms, you must not visit, access or use our Site or register to our Service.

 

These Terms refer to the following additional policy, which also apply to your use of our Site:

 

  • our Privacy Policy, which sets out the rules on which we process any personal data we collect from you, or which you provide to us, including information about the cookies on our Site

 

We reserve the right to make changes to these Terms at any time in compliance with the local and international laws and it is recommended to check the Terms often. If you object to any of the changes to the Terms, you must cease using this Site.

 

 

Purpose of the Service

 

The Service is provided as a service to a Client for the purpose of exploring different ways to develop urban energy systems. The Service shall be used to gain insight for the benefit of the Client on a territory designated by the Client. 

 

 

Provision of Services

Access. Subject to the Client’s payment of the fees set forth in the contract, Urbio will provide the Client with access to the Service during the duration specified in the contract. The Client will use commercially reasonable efforts to prevent unauthorized access to, or use of, the Service, and notify Urbio promptly of any such unauthorized use known to the Client. 

 

Support Services and Training. Subject to the terms and conditions, Urbio will exercise commercially reasonable efforts to provide support for the use of the Service to the Client and to keep the Service operational and available to the Client, in each case in accordance with its standard policies and procedures.

Hosting. Urbio will, at its own expense, provide for the hosting of the Service, provided that nothing herein will be construed to require Urbio to provide, or bear any responsibility with respect to, any telecommunications or computer network hardware required by the Client or any User to access the Service from the Internet.  Urbio may change suppliers, vendors or hosting partners and make adjustments or changes to the Service. This may result in changed appearance and/or functionality of the Service, the Supported Environment, and require the Client to update its own system, web-browsers or hardware in order for the Services to function properly.

Client registration

 

We offer our Service as a business to business solution. 

 

Access to and use of the Service requires registration. Each User will be provided with a unique user ID (“User ID”), to be used exclusively by the User. Access may also require other means of identification, such as passwords, access codes etc.

 

The User may not share the User ID or any other means of identification, let anyone else access the Service using its User ID or other means of identification, or do anything else that might jeopardise the security of the User ID or other means of identification, the account at the Service and/or the Service itself.

 

To access the Service, as a User, you register to our Service on behalf of a Client, you represent that you are an employee or agent of the Client and you have the authority to agree to these Terms on behalf of the Client.

 

The Client acknowledges and agrees that the Client bears responsibility for all acts and omissions of all User accounts allocated to the Client.

 

 

User profiles

 

As a User, you are an individual entitled by one of our Clients to access our Service.

Upon registering on the Site, the User is entitled to use, access and interact with the Service on the Client’s behalf. In the course of User’s registration on the Site, User agrees to these Terms.

 

 

Offers

 

You can find a description of our Service options on our Site.

 

We may offer a number of membership plans, including memberships offered by third parties in conjunction with the provision of their own products and services. Some membership plans may have differing conditions and limitations, which will be disclosed at your registration or in other communications made available to you.

 

We may also offer special promotional plans, memberships, or services, including offerings of third-party products and services in conjunction with or through our Service. 

 

We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered subscription plans and promotional offerings at any time in accordance with these Terms.

Remuneration and termination

 

A User has the right to cancel its registration at any time before the end of the then-current subscription period. The cancellation will take effect the day after the last day of the current subscription period. 

 

Your payment to us will automatically renew at the end of the applicable subscription period, unless you cancel your paid Service before the end of the then-current subscription period.

 

Urbio may, without notice and with immediate effect terminate, suspend or restrict the User’s access and use of the Service, if there is a suspected violation of these Terms of Use, or illegal or fraudulent use of the Service.

 

We may change the price for the Subscription from time to time and will communicate any price changes to you in advance. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Service after the price change takes effect. If you do not agree with a price change, you can reject the change by unsubscribing from the Subscription prior to the price change going into effect.

 

 

Changes to our site

 

We do not guarantee that our Site, or any content on it, will always be available or available uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will give you a reasonable notice of any suspension or withdrawal.

 

 

Licensed material

 

We are the owner or the licensee of all intellectual property rights available on our Site, and in the material published on it. Those works are protected by copyright laws and intellectual property treaties around the world. All such rights are reserved for us. 

All our trademarks, service marks, trade names, logos, domain names, and any other features of our brand are the sole property of us or our licensors. The Terms do not grant you any rights to use any such brand features whether for commercial or non-commercial use.

 

Third party intellectual property (for example, spatial data) included on the Site are made available to you under the relevant third party license terms as published on the Site.

 

License to Licensed Material (defined as the reports, results, materials and documentation made available to the Client as part of the Services. Licensed Material does not include the Urbio platform or any component thereof).  Subject to the terms and conditions of this Agreement, Urbio grants the Client a non-exclusive, non-transferable , non-sublicensable, royalty-free and fully-paid  license to use Licensed Material solely for the Client’s internal business purposes and, where the Client is a governmental body or working for the direct benefit of a governmental body, to publicly display the Licensed Material (in the form of maps) as reasonably necessary to exercise its official authority or fulfill its legal obligations, including to solicit public comment on information contained in Licensed Material.

 

 

Liability

 

The Service is provided “as is”. Urbio makes no warranties of functionality, fitness for a particular purpose, effect of the use of the Service, accuracy, completeness, or adequacy of third party content or other information contained in the Service. Urbio does not warrant that the Service will be completely error-free or that use of the Service at all times will be uninterrupted or free from any viruses or bugs.

 

Urbio, its consultants, employees, or suppliers shall in no event be liable to the Client, or any third party for any loss or damage, whether direct, indirect, special, punitive, incidental or consequential damage of any nature, including but not limited to, damages or costs due to damage to hardware, interruption of business or loss of profits, data, revenue, goodwill, production, use or the like.

 

Although we do not routinely monitor the uploads to the Site, we reserve the right (but assume no obligation) to delete, move, or edit any User content that comes to our attention that we consider to be unacceptable or inappropriate, whether for legal or other reasons. Conduct by any User that, at the sole discretion of us, restricts or inhibits any other User from using or enjoying the Site will not be permitted. We reserve the right to refuse access to the Site to any user for any reason, including, without limitation, a reasonable belief that the User in question has violated these Terms, any other operating rules or policies currently posted on the Site, or any of the copyright or trademark laws of the Swiss Confederation.

 

 

Assignment

 

By registering as a User on the Service, the User accepts that Urbio, either partly or in whole, may assign its rights and obligations under these Terms of Use to a third party.

 

 

Force majeure

 

Urbio shall not be liable for any failure of or delay in the performance of the Services for the period that such failure or delay is beyond Urbio’s reasonable control, materially affects the performance of any of its obligations, and could not reasonably have been foreseen or provided against.

 

 

Miscellaneous

 

These Terms and any other operating rules or policies currently posted on the Site constitute the entire agreement relating to the use of the Site, and supersede all previous written or oral agreements between you and us with respect to such subject matter.

No action of us may be construed as a waiver of any part of these Terms.

 

Should any of the above sections be unenforceable, the other paragraphs will remain in full force and effect.

 

 

Governing law and disputes

 

These Terms shall be governed by and interpreted in accordance with the laws of the Swiss Confederation, excluding any rules of conflicts of laws that would apply the substantive laws of any other jurisdiction. 

 

The parties shall in good faith try to resolve any disagreement or dispute under these Terms of Use through negotiations. If the parties after such negotiations are not able to reach an amicable solution, the dispute may be brought before the ordinary courts, with exclusive place of jurisdiction in Sion, Swiss Confederation.

 

These Terms of Use will not limit any consumer protection rights that the User may be entitled to under the mandatory laws of its country of residence.