Terms of Use

Last Updated: November 09, 2023

These Terms of Use (“Terms”) are an agreement between you (“you” or “your”) and Alternative Embedded Innovation (AEI) AG (“AEI” or “we” or “our” or “us”) that governs your access to and use of our website, products, and services (collectively, “Services”). By accessing or using our Services in any way, you agree to these Terms. If you do not agree to these Terms, you are not permitted to access or use our Services. Please read these Terms carefully, and feel free to contact us at support@alternative-embedded.com if you have any questions.

1. Basic Terms

1.1 You may use our Services only if you can form a binding contract with us, and only as permitted by law. You are not allowed to use our Services if you are a person under the age of sixteen (16). Additional eligibility requirements may apply to some Services, and we will notify you of those requirements in these Terms or otherwise in connection with those Services.

1.2 If you are using our Services on behalf of a company or other entity, you represent and warrant that you are at least eighteen (18) years old, and that you are authorized to bind that company or other entity to these Terms, in which case the terms “you” and “your” in these Terms will refer to that entity.

1.3 We offer a variety of Services, and additional guidelines, terms and conditions may apply to some Services (“Service Terms”). By using those Services, you agree to their Service Terms. If any of our Services have Service Terms that conflict with these Terms, those Service Terms will control to the extent of the conflict as relates to those Services.

1.4 For information about our privacy practices, please see our Privacy Policy, which can be viewed at https://www.alternative-embedded.com/privacy-policy/. Our Privacy Policy is incorporated into and considered part of these Terms. By accessing or using our Services in any way, you agree that your information may be collected, stored, shared, processed, and used in accordance with our Privacy Policy and these Terms.

1.5 You will need to register for a AEI account in order to use some of our Services. You agree to provide only true and accurate information in connection with your account, and to update all such information as necessary to keep it accurate and current.

1.6 You are responsible for maintaining the confidentiality of your account password, and for all activities that occur under or through your account or password. You agree to notify us immediately if you suspect or become aware of any unauthorized access to or use of your account or password or other breach of security on our Services.

1.7 The permission we give you to register for a AEI account and use our Services under these Terms is non-exclusive and non-transferable. You are not allowed to rent, sell, lease, sublicense or otherwise transfer your AEI account, or any access to or use of our Services, to any third party.

1.8 Some of our Services may be accessible on mobile devices. You agree not to use those Services in a way that distracts you and prevents you from complying with any traffic or safety laws.

1.9 You consent to receive communications from us electronically, and you agree that we may communicate with you by posting notices on our Services and/or by email. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that all notices we provide to you by email will be considered received by you on the day that we send them. If you register for an AEI account or otherwise provide us with an email address, you agree that we are not responsible for any automatic filtering that you or your network provider may apply to any email that we send to the email address you provided. If at any time you would like to withdraw your consent to receive emails, please contact us at support@alternative-embedded.com to do so, however it is understood and agreed by you that if you withdraw consent, you may not be able to participate in all Services offered.

2. Definitions

In these Terms:

“User” means any person or entity that accesses or uses our Services in any way, whether or not they register for a AEI account, including you.
“Content” means any and all images, text, information, data, audio, video, graphics, computer code, software, and other material provided on or through our Services, including when we send you email. Content includes both AEI Content and User Content.
“AEI Content” means any and all Content that we provide on or through our Services, including Content licensed from a third party, but excluding User Content.
“User Content” means any and all Content that a User submits, posts, publishes or otherwise provides on or through our Services.
“On our Services” means on the AEI website, portal and/or (as applicable) on any AEI software application.
“Including” means “including but not limited to” unless we specifically indicate otherwise.

3. Ownership

3.1 Save for the rights expressly granted herein, AEI retains all right, title, and interest in and to the Product and the Documentation. Nothing in this Agreement shall (a) transfer ownership of any intellectual property rights from one Party to the other, or (b) provide either Party a right to use the other Party’s trade names, logos, or trademarks.

3.2 We welcome feedback, comments and suggestions about our Services (“Feedback”). However, you acknowledge and agree that we will have the right to use any and all Feedback at our sole discretion, for any and all purposes, commercial or otherwise, without any obligation of any kind to you. In any case, we will have no obligation to act on, use or respond to any Feedback in any way.

3.3 We reserve all rights not expressly granted to you in these Terms.

4. General Content Terms

4.1 We value open source software, and some software used in our Services may be offered under an open source license that we will make available to you. The open source license may contain provisions that override some of these Terms as relates to the use of that software.

4.2 Except as expressly permitted by these Terms, you must not reproduce, distribute, adapt, modify, translate, create derivative works from, publish or otherwise use any Content in any way without express prior written permission from us or (as applicable) the appropriate third-party rights holder.

5. PAYMENT

5.1 SUBSCRIPTION [WHERE APPLICABLE]

5.1.1 You can access certain Services for a monthly fee. By signing up for a subscription, you agree that your subscription will be automatically renewed at the end of each paid subscription, unless you cancel it, and you authorize Alternative Embedded Innovation (AEI) AG to charge your account for the renewal term. Deleting the Application from the device does not necessarily result in cancelation of your subscription. The following conditions apply with respect to auto-renewal subscription:

payments will be charged to your account at confirmation of purchase;
the subscription will automatically renew, unless you choose to cancel such subscription before the end of the current cycle.

5.1.2 If you purchase a subscription that includes a free trial, you will receive access to the Product for the duration of the free trial period. At the end of your free trial period, your account will be charged.

5.1.3 You may cancel your Subscription renewal by accessing “Manage Subscriptions” page on User Portal.

5.1.4 AEI, at its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. AEI will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of the Product after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

5.1.5 Subscription fee is subject to applicable taxes and will be charged at the same time as the subscription fee.

5.1.6 Except when required by law, paid Subscription fees are non-refundable.

5.2 ORDER [WHERE APPLICABLE]

5.2.1 Certain services may be purchased though User’s quote or order, submitted by AEI, which references the Services, pricing, payment terms, quantities and other applicable terms, as agreed with or, where applicable, established by AEI. The User shall pay within 30 (thirty) days of the issuance of the relevant invoice. Save for the cases expressly provided for herein, the Subscription Fee is not refundable.

5.2.2 User may use certain services free-of-charge during Trial period defined in the Order. To continue to use the Services after the evaluation period, User must pay in full the fee stated in Order.

5.2.3 Amounts due hereunder are payable without deduction and are net of any tax, tariff, or duty imposed by any government authority, including without limitation any sales, use, excise, ad valorem, property, withholding, or value added tax withheld at the source. If the applicable law requires withholding or deduction of such taxes or duties, (1) the User will be liable for compliance with reporting and payment of them, and (2) shall separately pay AEI the withheld or deducted amount.

6. General Restrictions

6.1 You agree that you will not (and will not attempt to, or assist or encourage any other person or entity to):

submit, post, publish or otherwise provide any User Content on or through our Services, or take any other action in connection with our Services (whether online or offline), that: (i) infringes, misappropriates or violates the rights or intellectual property of any third party, including any copyright, moral right, trademark right, trade secret, patent right, privacy right, publicity right, or contractual right: (ii) violates (or encourages any conduct that would violate) any applicable local, state, national, or international law or regulation, including any tax law, consumer protection law, or law governing the export or import of data, goods, services or software; (iii) is deceptive, misleading, fraudulent, defamatory, libelous, abusive, harassing, discriminatory, hateful, malicious, inciting of violence, threatening, sexually explicit, or obscene; or (iv) impersonates or misrepresents your relationship with any person or entity;
create a false or misleading AEI account or User profile with inaccurate or untrue information;
use our Services or any Content in connection with posting or distributing spam or other unauthorized or unsolicited advertising, promotional messages, or bulk electronic communications;
collect information about Users (including email addresses) or send marketing email or other promotional communications to Users without their consent;
access our Services by any means other than the interface and instructions that we provide;
access, tamper with, or use non-public areas of our Services, our computer systems, or the technical delivery systems of our service providers;
breach, disable or circumvent any security or authentication measures on or in connection with our Services;
interfere with the normal operation of our Services or the access of any User, including transmitting any viruses or harmful code, flooding our Services with excessive requests or traffic, or taking any other action that creates (in our sole estimation) an unreasonable or disproportionately large load on our servers or systems;
decipher, decompile, disassemble, reverse engineer, or otherwise derive or extract any source code or underlying ideas or algorithms of, any of our Services;
adapt, modify, create derivative works from, or redistribute any of our Services without our express prior written permission;
use any robot, scraper, spider, or other automatic or manual process to monitor or extract data from our Services without our express prior written permission (we may also use robot exclusion headers within our Services and you agree to comply with all such headers);
forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use our Services or any Content to send altered, deceptive, or false source-identifying information;
mirror, frame or display any part of our Services on any other website or elsewhere without our express prior written permission;
use any meta-tags or other hidden text or metadata containing any AEI trademark, service mark, product name, or URL without our express prior written permission;
use any AEI trademark, service mark, product name, logo or URL in any way that incorrectly suggests our affiliation with or endorsement of any person, entity, event, product or service;
use any trademark, service mark, product name, logo, trade dress, or design that is in any way confusingly similar to any AEI trademark, service mark, product name, or logo, or to the look and feel of any of our Services; or
remove, conceal, modify or tamper with any copyright, trademark, or other proprietary marking or notice, or any digital watermark or other technical measure used to indicate the source or ownership of any image or other Content.

6.2 Without limiting other rights or remedies, we reserve the right to limit, terminate or suspend any User’s account and/or access to or use of any or all of our Services, at any time at our sole discretion, if we believe that such User is violating the rights of any third party, that such User’s conduct may be exposing us or others to legal or financial liability, or that such User is acting inconsistently with the letter or spirit of these Terms, and other applicable agreements with us, and we will have no liability to such User for doing so. In any case, we reserve the right to investigate and prosecute violations of these Terms to the fullest extent permitted by applicable law.

7. Other Websites and Services

7.1 Our Services may include links and features that enable you to access other websites or services, and other websites or services may include links to our Services.

7.2 Such links and features are for convenience only and do not constitute or imply any endorsement, warranty, or assumption of liability of any kind by us with respect to any such websites or services, or any information, materials, goods or services on or available from any such websites or services.

7.3 You are solely responsible for, and assume sole risk arising out of, any use of or reliance on any such websites or services, or any information, materials, goods or services on or available from any such websites or services.

7.4 You are solely responsible for reviewing any terms of use and/or privacy policies of any other websites or services to which we may link, and we assume no liability for the information contained therein.

8. WARRANTIES AND DISCLAIMERS

8.1 THE USER ACCEPTS THE SERVICES “AS IS” AND AS AVAILABLE, WITH NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AEI: (A) HAS NO OBLIGATION TO INDEMNIFY OR DEFEND THE USER OR ITS USERS AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY; (B) DOES NOT REPRESENT OR WARRANT THAT SERVICES WILL PERFORM WITHOUT INTERRUPTION OR ERROR; AND (C) DOES NOT REPRESENT OR WARRANT THAT SERVICES ARE SECURE FROM HACKING OR OTHER UNAUTHORIZED INTRUSION OR THAT USER DATA WILL REMAIN PRIVATE OR SECURE.

8.2 IN NO EVENT SHALL AEI, OR ITS AFFILIATES BE LIABLE TO USER FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE, ACCESS OR USE OF THE PRODUCT, AND THE INFORMATION CONTAINED IN OR COMPILED BY THE SERVICES, AND THE INTERACTION (OR FAILURE TO INTERACT PROPERLY) WITH ANY OTHER HARDWARE OR SOFTWARE WHETHER PROVIDED BY THE AEI OR A THIRD PARTY.

8.3 TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, IN NO EVENT WILL THE AEI OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, HARDWARE OR SOFTWARE DISRUPTION IMPAIRMENT OR FAILURE, REPAIR COSTS, TIME VALUE OR OTHER PECUNIARY LOSS) ARISING OUT OF THE ACCESS OR USE OR INABILITY TO ACCESS OR USE THE SERVICES, OR THE INCOMPATIBILITY OF THE PRODUCT WITH ANY HARDWARE SOFTWARE OR USAGE, EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.4 IN NO EVENT WILL AEI TOTAL LIABILITY TO THE USER FOR ALL DAMAGES IN ANY ONE OR MORE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE EXCEED THE AMOUNT PAID BY THE USER FOR THE PRODUCT DURING THE 12 (TWELVE) MONTH PERIOD PRECEDING THE DATE OF THE CLAIM.

8.5 If applicable law limits the application of the provisions of this Section, AEI’s liability will be limited to the maximum extent permissible.

9. Indemnification

9.1 You agree to indemnify, defend, and hold harmless AEI and our officers, directors, agents, and employees from and against any and all third-party claims, demands, suits, and proceedings, and all related damages, losses, judgments, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to: (i) your breach of any of these Terms, Service Terms, and other applicable agreements with us (including any term or condition incorporated into these Terms by reference); (ii) Your User Content; (iii) any misrepresentation made by you; or (iv) your violation of any law or the rights of any third party, including any intellectual property right, privacy right, or publicity right.

9.2 We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate as fully as reasonably required by us in conducting such defense. In any case, you agree not to settle any such matter without our prior written consent. Your indemnification and defense obligations provided in these Terms will survive these Terms and your use of our Services.

10. Choice of Law and Dispute Resolution

10.1 You agree that all claims or disputes you have against us arising out of or related to these Terms or our Services must be resolved exclusively by courts located in Zurich, Switzerland, whether or not any third parties are involved. You agree to submit to the personal jurisdiction of, and agree that venue is proper in, the courts located in Zurich, Switzerland, for the purpose of litigating all such claims or disputes, and you expressly waive any objection as to inconvenient forum.

10.2 These Terms, the rights and obligations of you and us under these Terms, and all claims or disputes that might arise between you and us, will be governed by and construed in accordance with the laws of Switzerland, and without regard to your jurisdiction of residence.

10.3 You agree that regardless of any law to the contrary, each claim you might have against us arising out of or related to these Terms or our Services must be filed within the applicable statute of limitations, or one (1) year after such claim arose, or else such claim will be permanently barred.

10.4 The United Nations Convention on Contracts for the International Sale of Goods will not in any way apply to our Services, these Terms, or any other agreement between you and us.

10.5 Nothing in these Terms will prevent us from seeking injunctive or other equitable relief in any jurisdiction.

11. International Use

11.1 The owner of the Services is based in Switzerland. We make no claims that the Services or any of its content is accessible or appropriate outside of Switzerland. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside Switzerland, you do so on your own initiative and are responsible for compliance with local laws.

12. Changes to our Services

12.1 Our Services are updated frequently, and their form and functionality may change without notice. We reserve the right to change, modify, add, remove or discontinue any and all of our Services (and/or the appearance, design, functionality, and all other aspects of any and all of our Services), in whole or part, temporarily or permanently, with or without notice, for any reason or no reason, at any time at our sole discretion.

12.2 If there are any material changes in the functionality of Services paid through subscription, Users will be notified in advance. If User doesn’t agree with said changes, User needs to terminate the subscription immediately. Fail to do so will automatically imply that User has agreed and accepted the changes.

12.3 We will not be liable to you or any third party for any damages or losses of any kind resulting directly or indirectly from any changes made by us to our Services, including any loss of business or the ability to use any product, service or Content.

13. Changes to these Terms

13.1 Our business changes with time, and these Terms will change also. We reserve the right to change these Terms, including the right to change, modify, add or remove any part of these Terms, without prior notice, at any time at our sole discretion.

13.2 All changes to these Terms will be effective when posted on our Services, or at such later date as may be specified in the updated Terms.

13.3 By continuing to use our Services after any changes to these Terms become effective, you agree to such changes and the updated Terms.

13.4 You agree that we may notify you of any changes to these Terms by sending you an email and posting the updated Terms on our Services, and you agree to review these Terms and inform yourself of all applicable changes.

13.5 If you do not agree to any changes made by us to these Terms, you will no longer be permitted to use our Services.

13.6 Changes to these Terms will not apply to any claim or dispute that arose before such changes became effective, all of which will remain subject to the version of these Terms in effect at the time that such claim or dispute arose.

13.7 We will not be liable to you or any third party for any damages or losses of any kind resulting directly or indirectly from any changes made by us to these Terms, including any loss of business or the ability to use any product, service or Content.

14. Termination

14.1 You may stop using our Services at any time, subject to any other agreements between you and us.

14.2 Regardless of any other statement in these Terms, we reserve the right to terminate these Terms, to terminate your account (if you have an account), and/or to limit, terminate or suspend your access to or use of any or all of our Services, at any time at our sole discretion, without liability, for any reason or no reason, including if you violate the letter or spirit of these Terms, and other applicable agreements with us.

14.3 After any termination of these Terms and/or any termination of your access to or use of our Services, the following will survive and remain in full force and effect: (i) all outstanding obligations you may have to us under these Terms or otherwise; (ii) all remedies for breach of these Terms; and (iii) the following sections of these Terms: 3 (Ownership), 7 (Other Websites and Services), 8 (Disclaimer of Warranties), 9 (Indemnification), 10 (Choice of Law and Dispute Resolution), 11 (International Use), 12 (Changes to our Services), 13 (Changes to these Terms), 14 (Termination), and 16 (Miscellaneous).

14.4 AEI has the right to terminate or suspend the User’s access or use of paid Services provided hereunder upon prior written notice to the User if there is a payment overdue by the User for more than 5 (five) days. AEI will promptly reinstate User’s access and use of paid Services once the issue has been resolved.

14.5 Upon termination of this agreement, the User shall cease all use of the Services. The following provisions will survive termination: (a) any obligation of the User to pay the fees incurred before termination; (b) Articles and Sections 6 (Intellectual Property & Feedback), 7 (Confidentiality Obligations), 8 (Indemnification), 9 (Warranties and Disclaimers); and (c) any other provision of this Agreement that must survive to fulfill its essential purpose.

15. Job Listings

15.1 We may post information and listings on our Services or on third-party social media services describing careers with AEI, internships, or positions for which we are or may be hiring.

15.2 Please note that such information and listings are for general informational use only, may be changed by us at any time without notice, and are not an offer of employment or any other offer or warranty by us.

15.3 Please note that if you would like to apply to an open position posted on our site, you will be referred to a third party site in order to submit your application.

16. Miscellaneous

16.1 These Terms, including our Privacy Policy and other applicable agreements with us, and any other terms and conditions incorporated into these Terms by reference, together with any other written agreements that you may enter into with us regarding our Services, constitutes the entire agreement and understanding between you and us regarding our Services, and supersedes any other communications, representations or understandings.

16.2 If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable for any reason, that provision will be enforced to the maximum extent permitted, and these Terms will otherwise remain in full force and effect.

16.3 No delay or failure by us to exercise or enforce any right or provision of these Terms will be considered a waiver. No right or remedy under these Terms will be considered waived by us unless the waiver is in writing and signed by an AEI representative who intends and is duly authorized to agree to the waiver on our behalf. No single or partial exercise by us of any right or remedy under these Terms will prevent us from exercising any other right or remedy.

16.4 These Terms will be binding on your successors and assigns, but you are not allowed to assign, transfer or sublicense these Terms or any right or obligation under these Terms without our prior written consent. These Terms, and all rights granted to or reserved by us under these Terms, will benefit and be enforceable by our successors and assigns.

16.5 There are no third-party beneficiaries to these Terms except as expressly provided in these Terms.

16.6 You and we are independent contractors under these Terms. No agency, partnership, joint venture, employment, sales representative, or franchise relationship is created or implied by these Terms or your use of our Services.

16.7 Nothing in these Terms will prevent us from complying with any applicable law or regulation.

17. How to Contact Us

17.1 If you have questions about these Terms or our Services, please email us at: support@alternative-embedded.com