TERMS OF SERVICE “SciWeave”
These are the Terms of Service (the "Terms") applicable to the use of ‘SciWeave’, an AI-powered research assistant offered as a service by DeSci Labs AG, having its office at Bächerstrasse 42 (8806) in Bäch, Switzerland, and registered with the Trade register under number CH-130.3.029.882-1, and in these Terms hereafter referred to as “DeSci Labs”.
By accessing or using SciWeave, you accept the applicability of these Terms, which will also need to be actively accepted through ‘opt-in’ when accessing SciWeave for the first time.
DEFINITIONS
- In these Terms, words written with capitals and not defined elsewhere will have the following meaning:
- Basic Chat: means a chat interaction processed using open-source LLMs hosted by DeSci Labs or third party partners.
- Business Day: means any weekday (Monday to Friday), other than a bank holiday or public holiday in Switzerland.
- Business Hours: means the hours of 09:00 to 17:00 CET on a Business Day.
- Credentials: means the username, password or other token enabling the User’s access to the Service.
- Data Protection Law: means the privacy-/data protection laws and regulations as applicable to the Service, such as but not limited to the General Data Protection Regulation (Regulation (EU) 2016/679), the Swiss Federal Data Protection Act and Ordinance.
- Free Tier: means access to the Service free of charge, which allows Basic Chat and includes limited functions.
- Force Majeure: means an event, or a series of related events, that is outside the reasonable control of DeSci Labs, including but not limited to: i) war, disasters, explosions, fires, floods, riots and terrorist attacks; ii) boycotts, governmental measures and/or governmental cross-border data requests; iii) failures of the Internet or any public telecommunications network, failures of infrastructure, third party network and/or cloud providers (e.g. AWS), electricity failures; iv) hacker attacks, denial of service attacks, virus or other malicious software attacks or infections: v) failures or defects in items, documents, software or (API)integrations of third parties that are used by DeSci Labs; vi) strike actions; vii) pandemics.
- Intellectual Property: means any and all intellectual property rights, whether registered or unregistered, such as but not limited to patent rights, copyrights (including rights in source code and object code), database rights, rights in designs, utility models, trademarks, trade and business names and all associated goodwill, rights in or in connection with know-how and trade secrets.
- Personal Account: means the personalised account of a User, which enables the User to make use of certain functionalities of the Service.
- 1.1.10.Premium Tier: means paid access to the Service, which includes enhanced capabilities such as unlimited Pro Chats, in-depth answers, extended novelty scores, and early access to new features, as may be further detailed on DeSci Labs’ website.
- 1.1.11.Pro Chat: means a chat interaction processed using a high-performance, latest generation LLM (e.g., ChatGPT) and a potentially enlarged set of summarized scientific articles providing enriched answers.
- 1.1.12.Query History: means the log of a User’s past questions and interactions with the Service.
- 1.1.13.Query Input: means any query or input submitted to the Service by the User (with or without uploaded attachments).
- 1.1.14.Results: means any AI-generated output (including summaries, citations, and links to scientific articles on OpenAlex) generated by the Service in response to Query Input.
- 1.1.15.Service: means the SciWeave platform, including its Free and Premium Tiers, that allows Users to explore and query scientific knowledge based on peer-reviewed articles indexed in the OpenAlex database, and powered by third party LLMs.
- 1.1.16.Support: means support in relation to the use of, and the identification and resolution of errors in the Service.
- 1.1.17.Tier: means a User’s Free or Premium Tier access to the Service.
- 1.1.18.Update: means a new version release of the Service.
- 1.1.19.User: means the legal person or natural person acting in the exercise of a business or profession, that has a Personal Account to access and/or makes use of the Service.
- Unless the context shows otherwise, the defined concepts in the singular include also the plural and vice versa.
- Any reference to the words ‘written’ or ‘in writing’ will mean to include email.
GENERAL
- These Terms apply to all offers and quotes of, or agreements with DeSci Labs, as well as to the provision and availability of the Service, and the use of the Service by the User.
- Prior to being able to access and/or use the Service, the User needs to agree with and accept the applicability of these Terms. These Terms and any accepted Tier will constitute the entire agreement between DeSci Labs and the User with regard to the use of and access to the Service and replace all previous oral or written agreements between the User and DeSci Labs (to the extent applicable) in connection with the Service.
- Additions to or deviations from these Terms shall not apply unless explicitly agreed in writing between DeSci Labs and the User.
- If any provision of these Terms is held invalid or otherwise unenforceable, the enforceability of the remaining provisions of these Terms will not be impaired thereby. In such event, DeSci Labs will replace the invalid provision with a provision that is valid and enforceable thereby taking into account the intention of the original provision.
- DeSci Labs is entitled to unilaterally amend the Terms at any time, after which the updated Terms will need to be accepted through an Update of the Service. In the event the User does not wish to accept the amended version of the Terms, the User should immediately refrain from further using the Service.
- These Terms have also been drawn up for the benefit of: (a) all companies which DeSci Labs is affiliated with in a group, has or has had a management or cooperation agreement with including their directors and shareholders; (b) all directors, (former) employees and third parties (as well as their heirs) who work/have worked in any way for or were affiliated with or employed by DeSci Labs; and (c) all third parties DeSci Labs may engage in connection with the provision of the Service. The Terms apply as a third-party clause for the benefit of all persons and legal entities referred to in this clause. As a result they are entitled to invoke the respective provisions in these Terms as the occasion arises.
PERSONAL ACCOUNT AND CREDENTIALS
- In order to make use of (parts of) the Service, the User requires a Personal Account. After DeSci Labs has accepted a Personal Account request, the User may login and use the Service thereby using the Credentials.
- Any information provided by the User that is necessary for accessing and/or using the Personal Account or Service, shall be accurate, complete and up to date at all times. The User acknowledges and warrants that he or she is not a minor (<16 years). Failure to do so constitutes a breach of the obligations under these Terms and may result in the immediate (temporary) suspension or termination of the Credentials and Personal Account.
- The User agrees not to disclose the Credentials to any third party and shall notify DeSci Labs immediately upon becoming aware of any breach of security or unauthorized use of its Credentials. The User is fully responsible for safeguarding the Credentials and for any activities or actions that are being undertaken with the use of such Credentials. DeSci Labs cannot and will not be held liable for any loss or damages resulting from the User’s failure to maintain the secrecy or security of its Credentials.
- The User will be independently responsible for complying with or having installed the minimum (auxiliary) software or system/browser requirements in order to achieve the interoperability with the Service. DeSci Labs does not warrant or represent that the Service will be compatible with any other software or systems/browser, unless explicitly indicated otherwise.
- DeSci Labs does not use Query History to train DeSci Labs’ AI models. Query History may be used to improve user experience.
- DeSci Labs may - at its sole discretion - suspend and/or terminate the User’s access to and use of the Service and Personal Account without prior notice if DeSci Labs reasonably believes that the User is acting or has acted in violation of these Terms. DeSci Labs shall not be held liable for damage, loss or refund claims of the User as a result of any such suspension or termination.
- Upon the termination or suspension of access to a Personal Account, regardless of the reason thereof, the right of the User to use the Service immediately ceases and the Credentials may be revoked. Unless otherwise provided for in these Terms, the User will never be entitled to any refunds of fees (pro rata or otherwise), damage or other form of compensation.
USE OF THE SERVICE
- The User warrants not to (nor attempt to), either directly or indirectly:
- use the Service or Personal Account for any illegal, fraudulent or unauthorized purpose or engage in any other activity that causes, or may cause, damage to the Service, DeSci Labs or impairment of the availability or accessibility of the Service;
- conduct any load testing or penetration testing on the Service;
- submit Query Input that violates, infringes, or makes unauthorised use of DeSci Labs’ Intellectual Property or any third party’s Intellectual Property;
- violates or interferes with any rights of privacy; any personal data included in Query Input shall be minimal and necessary;
- breach, or cause, promote or encourage the breach of, any applicable law or regulation;
- upload or transmit viruses or any other type of malicious or destructive code;
- spam, phish, pharm, pretext, spider, crawl, scrape or mine;
- copy, adapt, modify, create derivative works based upon, distribute, license, sell, transfer, transmit, attempt to discover any source code, reverse engineer, decompile, disassemble, or otherwise exploit the Service (or part thereof);
- remove or alter any proprietary notices or labels in the Service;
- interfere or circumvent with the security features of the Service;
- undertake any action that may result in any claim or action against DeSci Labs or an affiliate, or damage their goodwill or reputation in any way;
- take any action that imposes or may impose an unreasonable or disproportionately large load on the Service (or its third party providers’) infrastructure nor interfere or attempt to interfere with the normal and proper working of the Service or any activities conducted on the Service.
- The User acknowledges and agrees that DeSci Labs may – however is not obliged to - monitor the Query Input and/or the User’s use of the Service in order to ensure quality, improve the Service and to verify compliance with these Terms. The User shall not interfere with any such monitoring.
- The User agrees to indemnify and hold DeSci Labs harmless from and against any (third party) claim, demand, damages or costs (including attorneys’ fees) that arises or may arise out of the User’s non-compliance with the warranties under clauses 4.1 above. If the User believes that it has accidentally submitted problematic Query Input, the User should contact the support team immediately (help@desci.com).
- The User acknowledges and accepts that DeSci Labs retains the right to immediately terminate the User’s access to its Personal Account and use of the Service in the event of (reasonably deemed) violations of these Terms of Service. DeSci Labs shall not incur any liability whatsoever against the User or any third party as a result of the termination of a User’s Personal Account and use of the Service in the event of a (reasonably deemed) violation under this clause.
- DeSci Labs does not store generated Results permanently and does not guarantee persistent access to historical Results.
- DeSci Labs reserves the right to modify (including but not limited to adding or removing features), discontinue or terminate the Service or any part thereof, for any reason with or without notice and at any time. Upon such discontinuance or termination, all rights granted to the User under these Terms shall terminate immediately. DeSci Labs cannot be held liable for damages, loss or any other reason whatsoever against the User or any third party as a result of any such modification, discontinuance or termination.
TERM AND TERMINATION
- The applicable Tier shall remain in effect for the initial term as specified in the Tier.
- Unless indicated otherwise by DeSci Labs, a Premium Tier will concern a periodic payment subscription (e.g. monthly, annually) or a one-time charge (e.g. lifetime premium). A Premium Tier subscription shall automatically renew for equal renewal periods. A Free Tier subscription shall automatically terminate as per the end date.
- Premium Tier subscriptions can be terminated for convenience by both the User or DeSci Labs within the Service or Personal Account, with due observance of a notice period of at least one (1) full calendar month prior to the automatic renewal date.
- Upon termination or expiration of a Tier subscription, all rights granted under the Tier subscription shall terminate. The User acknowledges and accepts that already paid subscription fees or other (one-time) charges are not eligible for (partial) refund.
- The User may at any time terminate its Personal Account, which may result in the forfeiture and destruction of information associated with your Personal Account, including Query History.
- With regard to the termination or renewal date of any Tier, the relevant documents and data from DeSci Labs’ administration or systems provide full evidence, without prejudice to the User’s right to provide evidence to the contrary.
- Unless otherwise provided for in these Terms, the User shall never be entitled to any refunds of any fees, pro rata or otherwise, and any outstanding fees on the effective date of such termination will become immediately due and payable in full.
- All provisions of these Terms which by their nature should survive any termination hereunder shall survive such termination, including ownership provisions, warranty disclaimers, indemnities and limitations of liability.
FEES AND PAYMENT
- DeSci Labs currently offers the Service for free, however subject to certain limitations (such as number of Query Input per month and included features), and at DeSci Labs’ sole discretion. DeSci Labs reserves the right to introduce new Tiers, fees and/or change its fees at any time, upon prior notice to the User, via the Service and/or email. The User’s continuing use of the Service following such notification constitutes the User’s acceptance of any new or changed fees.
- A Premium Tier subscription is subject to payment of an applicable fee by the User and as prescribed by DeSci Labs.
- All fees are exclusive of value added tax (VAT) and other levies imposed or to be imposed by the government, unless indicated otherwise. Payment obligations are non-cancellable and any fees paid for or in connection with the Service are non-refundable.
- Failure to make the appropriate payment will result in the suspension or limitation of the User’s access to the Service as permitted under the Premium Tier subscription.
INTELLECTUAL PROPERTY RIGHTS AND THIRD PARTY LICENSES
- All Intellectual Property Rights in and related to the Service shall exclusively vest in DeSci Labs or its licensors.
- The User is prohibited from removing or amending any indications or credits of Intellectual Property or confidentiality from the Service including underlying code.
- The Service uses third-party models and external databases (e.g. OpenAlex) under their respective third party software licenses (“Third Party License”). The User agrees to comply with all applicable Third Party License terms or policies and shall indemnify and hold DeSci Labs harmless from and against any claims, demands, liabilities, damages, penalties, losses or costs, including legal and reasonable attorneys’ fees, arising out of or related to the User’s violation of any such terms and conditions of third party services providers.
- In the event that the User violates the terms of any Third Party License, DeSci Labs also reserves the right to immediately suspend or terminate the User's access to the Service, without prior notice, depending on the severity and impact of the violation.
- DeSci Labs shall never be responsible or liable for, and makes no representations as to any aspect of the third-party models and external databases or the Third Party License terms applicable thereto.
WARRANTY DISCLAIMER AND SUPPORT
- Although DeSci Labs undertakes to provide and maintain the Service with the most reasonable care, the Service is provided "AS IS" and "AS AVAILABLE", without warranty, condition or guarantee of any kind, expressed or implied, thereby including any warranty of merchantability, non-infringement, fitness for a particular purpose, the accuracy, completeness, reliability, or usefulness of any Results, all of which are explicitly disclaimed. DeSci Labs furthermore does not guarantee that the Service shall at all times function without error or interruption, nor that it will be wholly free from defects, errors and bugs.
- The User acknowledges and accepts that the Results may contain errors, and DeSci Labs does not warrant the accuracy, correctness completeness, or utility of any Results provided by the Service. The Service is not intended to replace expert human judgment. The User furthermore acknowledges and accepts that the Service does not provide medical, legal, or professional advice and agrees not to rely on Results for decision-making without independently verifying the information of the Results. DeSci Labs expressly disclaims any liability for decisions or actions taken by the User based on Results provided by the Service.
- The User acknowledges and accepts that the Service also relies on third-party large language models (LLMs) and external data sources, and that DeSci Labs does not validate, verify, or endorse any of the content or output produced by these third party models. All use of the Results is entirely at the User’s own risk.
- The User agrees to indemnify and hold DeSci Labs harmless from and against any claim, demand, damages or costs (including attorneys’ fees) that arise or may arise out of the User’s use or misuse of the Service, the Results, or any violation of these Terms.
- Where appropriate for the proper performance of Support or additional services, DeSci Labs reserves the right to engage affiliates or third parties to carry out (part of) the Support or other services, such at the sole discretion of DeSci Labs.
- DeSci Labs will use reasonable efforts to make the Service available 24 hours a day, 7 days a week, except during planned or unplanned downtime. DeSci Labs will use reasonable efforts to inform the User of the downtime in advance, if and when possible. For the avoidance of doubt, downtime caused directly or indirectly by (i) Force Majeure, (ii) failure of the User's computer systems or networks, (iii) any breach by the User of these Terms, (iv) any scheduled maintenance in accordance with these Terms, or (v) maintenance, downtime or issues at the network or cloud provider where the Service runs, or (vi) maintenance, downtime or issues at a large-language model service provider, shall not be considered a breach of these Terms.
- DeSci Labs may at any time (temporarily) suspend or limit the use or availability of the Service or part thereof, insofar this is necessary to execute maintenance or implement updates, upgrades or new releases of the Service. A (temporary) suspension or limitation of the Service or part thereof shall never create any claim or right to compensation or refund(s) for the User against DeSci Labs.
- DeSci Labs will handle substantiated requests for Support within a reasonable period of time depending on severity and impact. DeSci Labs cannot guarantee the accuracy, completeness or timeliness of responses in connection with the Support provided. Unless agreed otherwise in writing, Support will only be provided on Business Days during Business Hours.
- For the purpose of maintaining the Service and providing Support or additional services, DeSci Labs may have access to personal data of the User. DeSci Labs processes personal data in accordance with the applicable Data Protection Law, as also further detailed in the privacy statement, available via: […].
LIMITATION OF LIABILITIES
- The total aggregate liability of DeSci Labs due to an attributable failure or due to any other legal reason whatsoever, shall at all times be limited to the greater of: i) the fee received by DeSci Labs from the User for obtaining access to the Service during the six (6) months preceding the liability claim, or ii) five hundred euros (EUR 500).
- DeSci Labs’ liability for indirect loss or damage, consequential loss or damage, loss of profit, loss of revenues, missed savings, reduced goodwill, loss or damage due to business stagnation or interruption, loss or damage resulting from the use of the Service, is explicitly excluded. Also DeSci Labs’ liability for the damage, destruction or loss of data, or for the (temporary) unavailability of the Service, is expressly excluded.
- The exclusions and restrictions referred to in clause 9.1 to 9.2 will not apply if and in so far as the damage or loss are the result of an intentional act or gross recklessness by DeSci Labs, and to the extent permitted by law.
- DeSci Labs shall never be liable for any damages and costs incurred by the User or any third party which are the result of Force Majeure.
- Except where performance by DeSci Labs is permanently impossible, DeSci Labs will only be in default for an attributable failure after it has been given written notice of the default thereby granting DeSci Labs with a reasonable term of at least thirty (30) days to remedy the default. The notice of default must contain a comprehensive and detailed description of the breach, in order to ensure that the DeSci Labs has the opportunity to respond adequately.
- A condition for the filing of any claim to damages is always that the User reports the damage to DeSci Labs in writing as soon as possible and in any event not later than 10 (ten) days after the damage occurred. Claims for damages against DeSci Labs shall in any event lapse by the mere expiry of six (6) months after the damage occurred.
- The User acknowledges that certain features of the Service, including but not limited to Pro Chats and novelty scoring, depend on the availability and performance of third-party APIs and databases such as OpenAlex and external LLM providers (e.g. OpenAI). DeSci Labs does not warrant uninterrupted access to these third party services and shall not be held liable for any interruptions, outages, data inaccuracies, or resulting limitations in Service functionality arising from such dependencies.
- The User shall indemnify and hold harmless DeSci Labs from and against any and all claims, damages, losses or costs (including legal /attorney costs) of the User or third parties arising from or in any way related to the use of the Service, including but not limited to:
- the improper use of the Service or a violation of these Terms by the User;
- a violation of Third Party License terms or policies by the User;
- a violation of any law, regulations or third party rights by the User.
APPLICABLE LAW AND DISPUTES
- 10.1.These Terms shall be exclusively governed by the laws of Switzerland.
- 10.2.Any disputes that may arise between DeSci Labs and the User arising from or in connection with these Terms or the use of the Service, will first tried to be settled amicably. If the dispute cannot be settled amicably, such dispute shall - to the extent legally permitted - be exclusively brought before the competent canton court in Schwyz, Switzerland.
Version 1.0 – August 2025
Appendix A - NOTICE AND TAKEDOWN PROCEDURE
It is DeSci Labs’ policy to (1) block access to or remove (Published) Content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by a User or a third party; and to (2) terminate and discontinue the Service to repeat offenders.
If a person believes that (Published) Content residing on or accessible through the Service of DeSci Labs infringes any copyright or intellectual property, please send a notice of (copyright) infringement containing the following information to DeSci Labs with the contact details listed below:
- identification of works or materials being infringed;
- identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the legitimate copyright owner seeks to have removed, with sufficient detail so that DeSci Labs is capable of finding and verifying its existence;
- contact information about the notifier including address, telephone number and, if available, email address;
- a statement that the notifier has a good faith belief that the allegedly infringing material is not authorized by the legitimate (copyright) owner or the law;
- a statement that the information provided is accurate and the notifying party is authorized to make the complaint, either by itself or on behalf of the copyright owner. In case of the latter, please add a duly signed power of attorney.
When the infringement notification has been found admissible by DeSci Labs, DeSci Labs will undertake the required efforts to:
a) remove or disable access to the infringing (Published) Content from its servers;
b) notify the (allegedly) infringing User, that the (Published) Content has been removed or access has been disabled; and
c) that Personal Accounts of repeat offenders will be immediately revoked and that further access to the Service will be immediately terminated.
If the (allegedly) infringing User believes that the removed (Published) Content is not infringing, or that the User was authorized to upload, publish or otherwise use this (Published) Content, the User may send a counter-response containing at least the following information to DeSci Labs with the contact details listed below:
- identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled, and a signature of the User itself, or its authorized representative, in which case a duly signed power of attorney should be added;
- a statement that the User has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material;
- the User’s name, address, telephone number, and, if available, email address.
When DeSci Labs receives a counter-response, DeSci Labs will forward a copy thereof to the complaining party informing the complaining party that DeSci Labs may replace or reinstate the removed Content within twenty (20) business days.
Unless the complaining party informs DeSci Labs within the twenty (20) business days that official court proceedings have been initiated against the User, DeSci Labs may either remove or replace the (infringing) Content at its sole discretion.
Excluded from takedown. Copies of infringing (Published) Content on servers not controlled by DeSci Labs are explicitly excluded from this NTD-procedure.
NTD - contact details
DeSci Labs AG
Bächerstrasse 42
8806 Bäch SZ
Switzerland
info@desci.com
General Terms DeSci Labs Website
These are the General Terms (the “Terms”) applicable to the functioning and use of our Website(s), such as <www.desci.com>, as offered by DeSci Labs AG, having its office at Bächerstrasse 42 (8806) in Bäch, Switzerland, and registered with the Trade register under number CH-130.3.029.882-1, and in these Terms referred to as “DeSci Labs”.
By accessing or using the Website, you accept the applicability of these Terms.
DEFINITIONS
In these Terms, words written with capitals and not defined elsewhere will have the following meaning:
Force Majeure: means an event, or a series of related events, that is outside the reasonable control of DeSci Labs, including but not limited to: i) war, disasters, explosions, fires, floods, riots and terrorist attacks; ii) governmental measures or boycotts; iii) failures of the Internet or any public telecommunications network, failures of cloud providers (e.g. AWS), electricity failures; iv) hacker attacks, denial of service attacks, virus or other malicious software attacks or infections: v) failures of third party service providers; vi) strike actions; vii) pandemics.
Intellectual Property: means any and all intellectual property rights, whether registered or unregistered, such as but not limited to patent rights, copyrights (including rights in source code and object code), database rights, rights in designs, utility models, trademarks, trade and business names and all associated goodwill, rights in or in connection with know-how and trade secrets.
User: means the person that visits the Website(s) and/or contacts DeSci Labs via the contact form.
Website: means the information website(s) controlled and managed by DeSci Labs, thereby including (but potentially not limited to) <www.desci.com>.
Unless the context shows otherwise, the defined concepts in the singular include also the plural and vice versa.
Any reference to the words ‘written’ or ‘in writing’ will mean to include email.
GENERAL
These Terms apply to the provision and availability of the Website(s).
Additions to or deviations from these Terms shall not apply unless explicitly agreed in writing between DeSci Labs and the User.
If any provision of these Terms is held invalid or otherwise unenforceable, the enforceability of the remaining provisions of these Terms will not be impaired thereby. In such event, DeSci Labs will replace the invalid provision with a provision that is valid and enforceable thereby taking into account the intention of the original provision.
DeSci Labs is entitled to unilaterally amend the Terms at any time. Any updates to the Terms will be published via the Website. In the event the User does not wish to accept the amended version of the Terms, the User should refrain from further using the Website.
These Terms have also been drawn up for the benefit of: (a) all companies which DeSci Labs is affiliated with in a group, has or has had a management or cooperation agreement with including their directors and shareholders; (b) all directors, (former) employees and third parties (as well as their heirs) who work/have worked in any way for or were affiliated with or employed by DeSci Labs; and (c) all third parties DeSci Labs may engage in connection with the provision of the Website. The Terms apply as a third-party clause for the benefit of all persons and legal entities referred to in this clause. As a result they are entitled to invoke the respective provisions in these Terms as the occasion arises.
ACCEPTABLE USE
The User agrees not to (and not to attempt to), either directly or indirectly:
use the Website for any illegal, fraudulent or unauthorized purpose;
take any action that imposes or may impose an unreasonable or disproportionately large load on the Website nor interfere or attempt to interfere with the normal and proper working of the Website or any activities conducted through the Website;
engage in any other activity that causes, or may cause, damage to the Website, or impairment of the availability or accessibility of the Website;
act in violation of any applicable law or regulation (such as but not limited to data protection law) within its jurisdiction;
copy, adapt, modify, create derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, attempt to discover any source code, reverse engineer, decompile, disassemble, or otherwise exploit the Website (or part thereof); conduct or request that any other person or party conduct any load testing or penetration testing on the Website;
infringe upon or violate DeSci Labs’ Intellectual Property or the Intellectual Property of third parties;
upload or transmit viruses or any other type of malicious or destructive code;
spam, phish, pharm, pretext, spider, crawl, scrape or mine;
interfere with or circumvent the (security) features of the Website.
The User agrees to indemnify and hold DeSci Labs harmless from and against any (third party) claim, demand, damages or costs (including attorneys’ fees) that arises or may arise out of the User’s non-compliance with the warranties under clause above.
INTELLECTUAL PROPERTY RIGHTS
The Website and all Intellectual Property Rights in and related to the Website shall exclusively vest in DeSci Labs or its licensors.
The User is prohibited from removing or amending any indications or credits of Intellectual Property or confidentiality from the Website.
WARRANTY DISCLAIMER
Although DeSci Labs undertakes to provide and maintain the Website with the most reasonable care, the Website is provided “AS IS” and “AS AVAILABLE”, without warranty, condition or guarantee of any kind, expressed or implied, thereby including any warranty of merchantability, non-infringement, fitness for a particular purpose, all of which are explicitly disclaimed. DeSci Labs furthermore does not guarantee that the Website shall at all times function without error or interruption, nor that it will be wholly free from defects, errors and bugs.
DeSci Labs does not warrant the accuracy, completeness or usefulness of the information displayed on the Website. Any reliance the User makes based upon such information is completely for the User’s own risk.
The User agrees to indemnify and hold DeSci Labs harmless from and against any claim, demand, damages or costs (including attorneys’ fees) that arise or may arise out of the User’s use or misuse of the Website, the User’s infringement of any Intellectual Property Rights or any other violation or misconduct.
The Website may contain links to other websites or services, controlled by third parties. DeSci Labs does not provide any warranty – nor accepts any liability - whatsoever in connection with the website or services managed or controlled by third parties, and/or the content provided thereon. The User’s use of any such third party website or service will be governed by the terms of the third party and shall be entirely for the User’s own risk.
LIMITATION OF LIABILITY
The total aggregate liability of DeSci Labs due to an attributable failure or due to any other legal reason whatsoever, shall at all times be limited to hundred euros (EUR 100).
DeSci Labs’ liability for indirect loss or damage, consequential loss or damage, loss of profit, loss of revenues, missed savings, reduced goodwill, loss or damage due to business stagnation or interruption, loss or damage resulting from the use of the Website, is explicitly excluded. Also DeSci Labs’ liability for the damage, destruction or loss of data, or for the (temporary) unavailability of the Website, is expressly excluded.
The exclusions and restrictions referred to in clause 8.1 to 8.2 will not apply if and in so far as the damage or loss are the result of an intentional act or gross recklessness by DeSci Labs, and to the extent permitted by law.
DeSci Labs shall never be liable for any damages and costs incurred by the User or any third party which are the result of Force Majeure.
Except where performance by DeSci Labs is permanently impossible, DeSci Labs will only be in default for an attributable failure after it has been given written notice of the default thereby granting DeSci Labs with a reasonable term of at least thirty (30) days to remedy the default. The notice of default must contain a comprehensive and detailed description of the breach, in order to ensure that the DeSci Labs has the opportunity to respond adequately.
A condition for the filing of any claim to damages is always that the User reports the damage to DeSci Labs in writing as soon as possible and in any event not later than 10 (ten) days after the damage occurred. Claims for damages against DeSci Labs shall in any event lapse by the mere expiry of six (6) months after the damage occurred.
APPLICABLE LAW AND DISPUTES
These Terms shall be exclusively governed by the laws of Switzerland.
Any disputes that may arise between DeSci Labs and the User arising from or in connection with these Terms or the use of the Website, will first tried to be settled amicably. If the dispute cannot be settled amicably, such dispute shall - to the extent legally permitted - be exclusively brought before the competent canton court in Schwyz, Switzerland.
Version 1.0 – February 2023