Terms of Use

Last updated: March 22, 2022
  1. Who we are and how to contact us
    1. We are Urbio SA (we, our or Urbio), with our registered office place at rue de l’Industrie 17, 1950 Sion, Switzerland  

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

  2. Scope and acceptance
    1. These terms of use (ToU) apply to our website www.urb.io (the Website), as well as the digital applications and solutions (together with the Website, the Solutions), and any services available through the Solutions (the Services).

    2. Anyone who accesses and/or uses the Website, the Solutions, and/or the Content available through them (a User or you) acknowledges having read, understood and agreed to these ToU. 

  3. Access and Account
    1. Our Website provides general information on our business to visitors browsing the Site and can be accessed without being registered. Certain features of the Solutions are only available to users having created a personal account (the Account) and being logged-in to their Account. To do so you must:

      1. be and remain (i) affiliated to an organization which is a client of Urbio (the Organization) and (ii) authorized by your Organization to access and use the Solutions;

      2. have received from us initial credentials for the registration of your Account; and

      3. provide the information required during registration. 

    2. Accounts may only be created by or on behalf of one single person and shall be used only by or on behalf of that person. You are not authorized to share an Account.

    3. You are responsible for the quality and confidentiality of your Account credentials and for the use that is made of your Account, including any third party's use irrespective of whether you authorized such use or not. You are fully liable for any losses and/or damages that may result from any such use. You must immediately notify us of any unauthorized access or use of your Account or any other breach of security.

    4. Subject to our agreement with your Organisation, we may at any time temporarily or permanently suspend or cancel your Account, and/or delete any information relating therewith, with or without notice and for any reason, including, without limitation, breach of these ToU, without incurring any liability.

  4. Users’ Duties and Responsibilities
    1. You must at all times comply with these ToU and all laws and regulations applicable to your use of the Solutions and Services. Subject to mandatory law to the contrary, you are not allowed to: 

      1. frame, mirror, crawl, any part of the Solutions and/or the Content; 

      2. attempt to copy, modify, create derivative works from, republish, transmit, distribute, or otherwise make available or disclose to any third party (other than your Organization) all or any portion of the Services, the Content, the Solutions, or of their infrastructure, except as stipulated otherwise in these ToU, or in the agreement with between us and your Organization; 

      3. access the Solutions' code, attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Solutions or their infrastructure; 

      4. make any alteration to the Solutions, or insert any malicious software into the Solutions or their infrastructure 

      5. access or use any part of the Services for the purpose of building a competitive product or service or copying their features or user interface;  and 

      6. allow third parties (other than your Organization) to use all or part of the Solutions, Services or Content to which access is restricted. 

    2. Furthermore, you must comply with any additional restrictions set forth by your Organization.

  5. Support, Maintenance, and Availability 
    1. We will continuously seek to identify and attempt to resolve problems which may negatively affect the proper functioning and availability of the Solutions, the Services and the Content. Although we will use reasonable endeavors to maintain their availability, we do not guarantee it. 

    2. If you encounter any problem regarding the Solutions, you may submit a request to our support team using our chat directly in the Solutions, or by email at support@urb.io and we will revert as soon as possible. 

  6. Amendment and suspension 
    1. We reserve the right at any time, without having to specify any particular reason, to temporarily or permanently modify or discontinue the Solutions, any Content or any Service, with or without notice, without incurring any liability. 

  7. Data protection
    1. We have issued a privacy notice, accessible at www.urb.io/privacy-notice, which describes how personal data is collected through the Solutions and for what purposes. That privacy notice, as amended from time to time, forms an integral part of these ToU.

  8. Intellectual property
    1. Subject to Section 9 (Data You Upload), we and our licensors own the copyright and all intellectual property rights in and to the Solutions, the Services and the Content.

    2. Subject to your compliance with these ToU and any additional applicable terms referred to on the Solutions, we grant you a non-exclusive, non-transferable, non-assignable, revocable and limited license, without the right to sublicense, to access the Solutions and the Content for your own use, strictly for the purpose of using the Solutions and the Services in accordance with these ToU. Except as stipulated otherwise in these ToU, or in the agreement with between us and your Organization, you are expressly prohibited from using the Solutions or the Services on behalf or for the benefit of any third-party. We and/or our licensors reserve all rights to the Solutions, the Content and the Services not expressly granted herein.

    3. The Solutions and Services may contain Content (for example, spatial data) and/or software components developed, distributed and/or licensed by third parties (Third-Party Content). Such Third-Party Content is licensed to you under the applicable terms and conditions of the respective third-party. We will use our best efforts to identify any Third-Party Content. Nothing in these ToU restricts, limits or otherwise affects any rights or obligations that you may have, or conditions to which you may be subject, under any applicable open source licenses to any open source software which may be incorporated in and/or provided together with the Solutions. 

    4. If you think that the Solutions, the Content or the provision of any Services infringe on any copyright or other intellectual property right, you may at all times contact us at data@urb.io and we will investigate your request.

  9. Data You Upload
    1. Registered Users may upload data. Ownership in that data remains with you or your Organization, as applicable, and we will only use such data as specified in our agreement with your Organization.  

    2. You represent and warrant that the data you upload, and more generally your use of the Solutions, will not: 

      1. infringe, or cause a third party to infringe, any applicable law or regulation; 

      2. infringe any intellectual property right, or other proprietary rights or right of publicity or privacy; 

      3. include any false, incomplete or inaccurate information about yourself, your Organization, or any information about any other individual, company or other legal entity, or be defamatory or trade libelous; or

      4. be inadequate, of inadequate language, obscene, immoral, or contain pornography. 

    3. We reserve the right (but do not have the obligation) to adjust, refuse or remove the data you upload at our sole discretion. You are responsible for retaining a copy of all your User Content.

  10. Warranty
    1. The Solutions, the Services and the Content are provided to you “as is” and “as available”. To the maximum extent permitted by applicable law, we expressly disclaim, and you waive, all warranties of any kind, whether express or implied, including, without limitation, any implied warranties of fitness for a particular purpose, quality, quiet enjoyment and non-infringement of third-party rights, or availability of the Solutions, Services or Content. 

    2. The Solutions may contain contents provided or maintained by third parties, or links to such contents. These links are provided solely as a convenience to the Users and not as an endorsement by us of such contents. We assume no responsibility or liability in relation therewith.

    3. The use of the Internet involves risks, in particular that the data transmitted may be intercepted, altered or deleted. By using the Solutions, you accept these risks. We decline all responsibility in this respect.  

  11. Liability
    1. You expressly acknowledge and agree that, to the extent permitted by law, we shall not be liable for any direct or indirect damages, including but not limited to damages arising under tort law, loss of profits, loss of use, loss of data or other intangible losses (even if we have been advised of the possibility of such damages) resulting from: (i) the use, unavailability or inability to use the Solutions or the Services, (ii) the unauthorized access to or alteration of your data, (iii) declarations or actions of any third party on or in connection with the Solutions, (iv) the Content available on the Solutions, as well as all linked websites and all documents disseminated on the Solutions, (v) any other cause relating to the Solutions.

    2. Without prejudice to the foregoing limitations, our liability for indirect and/or consequential losses or damages is expressly excluded (including but not limited to lost profit, commercial loss, loss of turnover or profit, loss of customer base, loss of opportunity or the cost of obtaining a substitute product or service), insofar as such exclusion is permitted under applicable law. 

  12. Miscellaneous 
    1. If any provision of these ToU is or becomes invalid, unenforceable or non-binding, this shall not affect any other provision thereof. In such event, such invalid, unenforceable or non-binding provision shall nonetheless be enforced to the fullest extent permitted under applicable law, insofar as the invalid, unenforceable or non-binding provision shall be replaced by a valid, enforceable and binding provision reflecting to the greatest extent possible the intent of the original provision. 

    2. Any delay or failure by Urbio to apply all or part of the provisions of these ToU, regardless of the frequency and duration thereof, shall not be deemed a general waiver thereof.

  13. Applicable law and jurisdiction     
    1. These ToU and the relationship between you and us, shall be governed by Swiss law, to the exclusion of its conflict of laws rules and the Vienna Convention on the International Sale of Goods. 

    2. The competent courts at the registered office of Urbio have exclusive jurisdiction to settle all disputes in connection with these ToU, subject to any mandatory forum prescribed by law. Notwithstanding the preceding, nothing in these ToU prevents us from seeking injunctive relief or any other remedy available at law in any jurisdiction in case of any infringement of our intellectual property rights. 

  14. Amendments
    1. These ToU may be amended from time to time, in which case you will be notified by any appropriate means      (including via e-mail, or via the Solutions, e.g. through banners, pop-ups or other notification mechanisms). Any use of the Solutions subsequent to this notification shall constitute acceptance of the ToU, as amended.