Terms Of Service
Terms of Use.
General terms of use of QomApp for the use of the offer at qom.app and the corresponding mobile applications.
Explanation of terms
- Platform: The app(s) as well as the website qom.app.
- User: A person who uses our services.
- Operator: Appix AG
- Client: FCAR srl
1. Scope
The website qom.app and the corresponding mobile applications ("Platform") as well as the services offered through this Platform are provided by Appix AG ("Operator"). These terms of use shall apply to all persons who use the platform in any way ("users"). This shall apply regardless of the type or place of origin of access to the platform.
2. Obligation to comply with the Terms of Use
By accessing and using the Platform, the User expressly agrees to be bound by these Terms of Use and QomApp's Privacy Policy. By using the Website, the User undertakes to comply with these Terms of Use.
3. Right of use
Only persons who have given their consent to the Terms of Use in accordance with section 2 and have thus concluded a user agreement are entitled to use the platform.
4. Scope of use
The platform is intended for personal use. Commercial use is strictly prohibited without written exception. All rights, in particular copyrights and other intangible rights, are the property of the Operator.
5. Registration
5.1 Registration requirements
Registration requires that the User submits the data requested in the registration mask ("Application for Registration"). Registration may only be carried out in person; the Operator may grant exceptions in writing. Automated creation of accounts is not permitted without the prior consent of the Operator. The user must be identifiable on the basis of the information provided during registration, i.e. the information must be truthful. The person applying for registration must have the capacity to judge. The person completing the application for registration is aware that he or she is personally responsible for the content created using his or her account (cf. Section 13).
5.2 Conclusion of the user contract on the occasion of registration
By applying for registration, the User expressly acknowledges the validity of these Terms of Use and Privacy Policy. The operator may restrict or refuse registration without giving reasons. There is no legal claim to registration. The User will be notified of the successful completion of the registration on the corresponding confirmation page. At the latest with the completion of the registration, the present contract of use comes into effect. The user is now provided with an account to use the services of QomApp.
6. Individual Password
Upon registration (cf. Section 5), each User shall receive an individual password ("Password"), which, in conjunction with his/her e-mail address, shall give him/her access to his/her individual account ("Account"). Access to certain services on the platform is only possible with this password. The User may not disclose the Password to third parties and must keep it safe in order to prevent misuse.
He is obliged to inform the Operator immediately if the password is lost or if he becomes aware that unauthorized third parties have gained knowledge of the password. Unless the User can prove that a third party has used the access to the platform without his consent, all contributions made via the access (cf. Section 13) shall be attributed to the User. The User shall be liable for any misuse by third parties unless he can prove that he is not at fault. Liability on the part of the operator is excluded.
7. Termination of the contract of use
7.1 Termination of the usage contract by the operator
The operator has the right to terminate the user contract at any time without notice and without giving reasons. With the termination, the authorization to use the offers of the platform ceases to exist. In particular, the validity of the password pursuant to Section 6\ shall expire upon termination. The termination by the Operator shall be made by e-mail.
In particular, the Operator will terminate the contract if false information is provided during registration, if registration requirements are not met, if the provisions of these Terms of Use are violated, or if there are serious indications that the User is engaging in illegal activities.
7.2 Termination of the user contract by the user
The user has the right to terminate the user contract at any time without giving reasons. Upon receipt of the declaration, the validity of the User's password shall expire and the User's account shall be deleted within one month in accordance with Section 7.3. The termination is to be made via the personal profile settings.
7.3 Deletion of the account after termination
The User's account will be deleted within one month of receipt of the User's notice of termination or after the Operator has given notice of termination (cf. Section 5). With the cancellation of the account, all stored personal data of the user will be deleted, unless the storage is necessary for the fulfillment and settlement of an existing legal relationship, for the defense of claims against the operator, for evidentiary purposes or for the fulfillment of legal storage obligations. Already published contributions (cf. section 13) of the users are not deleted or removed from the platform, they remain accessible after the deletion of the account. The rights assigned pursuant to section 13.3 shall remain with the Operator even after termination and deletion of the Account.
8. Changes and discontinuation of offers of the platform
The User has no claim to the provision of services by the platform. The Operator reserves the right to change or completely discontinue the offers and URL's of the Platform at any time at its own discretion and without giving reasons. In particular, accounts can be blocked or deactivated without compensation. The operator is entitled to transfer the provision of all services in whole or in part to third parties at any time.
9. Liability of QomApp
9.1 Principle
The operator is only liable for direct damages caused by gross negligence or intentionally and which are within the operator's area of responsibility. In no case the operator is liable for consequential damages, loss of profit, faulty transmission or loss of data. Liability is expressly excluded to the extent permitted by law.
9.2 Exclusion of liability regarding content
Despite careful examination and great effort, the operator cannot guarantee that the published contents of the platform are always up-to-date, correct and complete. For this reason, the operator disclaims any liability for the topicality, correctness and completeness of the contents of the platform.
9.3 Disclaimer regarding links and services of third parties
The platform contains links to other websites and online services. If the User uses a link, clicks on an advertising banner or any other type of advertising, the User will be redirected to the website or online service of a third party. The fact that the Platform links websites or content or presents an advertising banner or other type of advertising does not mean that the Platform agrees with that content, nor does it indicate authorization or our affiliation with that third party, nor does it constitute agreement with their privacy or data security policies. Other websites and services have different rules regarding the processing of personal and other data provided by users. The User is responsible for reading the privacy policies or related information of the other websites and online services used. The operator does not exercise any control over these websites and online services.
9.4 Disclaimer regarding data security and general risks when using computers and mobile devices
The operator takes appropriate physical, technological and administrative security measures and tries to apply them as far as circumstances allow. However, there is no method of data transmission and storage on the Internet that is 100% secure. Although the Operator makes every effort to protect the personal information of its Users within the limits of financially viable means, it cannot guarantee its absolute security. The Operator does not guarantee the security of data (comments, contributions, etc.). In particular, no guarantee can be given that, with regard to uploads and downloads by using the platform, no damage can occur to the computer or other mobile devices. Therefore, no liability is assumed with regard to any kind of malfunction of the technology. In particular, the operator does not guarantee the functionality and availability of the platform, and the complete and correct reproduction of the content. This also applies in particular to content created by Users (cf. Section 10).
If the operator learns of a security breach resulting in unlawful access to your personal data, we will attempt to notify you electronically so that you can take appropriate security precautions.
9.5 Disclaimer regarding phishing
Identity theft and "phishing" are serious matters for the Operator. Information about security measures to help protect your identity is a top priority. QomApp will never ask its users to disclose your credit card information, account ID, password, or ID or passport number in a non-secure or unsolicited email or phone call. The operator assumes no liability for phishing cases.
9.6 Disclaimer regarding user-generated content (contributions)
The operator is not liable for contributions made by users (see section 10). The content does not originate from the operator of the platform.
9.7 Reservation of the contractual provisions of the cooperation partners
Insofar as services and goods are offered by cooperation partners by means of the platform (e.g. with regard to content, services, store products, etc.), the Operator does not become a contractual partner of the User with regard to these services and goods. These contracts are concluded solely between the User and the cooperation partner. The contractual provisions of the cooperation partners apply exclusively. The operator assumes no liability.
9.8 Exclusion of liability for other persons
The aforementioned provisions under section 9 also apply to employees, representatives and other auxiliary persons of the Operator. Liability for auxiliary persons is generally excluded.
10. Regulations concerning content created by users ("contributions")
After registration (cf. Section 5), users have the opportunity to upload contributions (e.g. articles, comments, photos, videos, audio files, comments, software, scripts, links and graphics) to the platform. The user is aware that the uploaded contributions may be accessible to the public for an unlimited period of time and space and that the contributions may be retrievable via search engines for an unlimited period of time. The present terms of use and the data protection guidelines of QomApp apply to the use of the contribution functions.
10.1 Transmission of contributions
The contributions are to be sent by the User via the platform or another transmission method offered by the Operator. Registration is a prerequisite for sending the contributions. Unsolicited data carriers will not be returned. The user has no right to be placed on the website.
10.2 Sole responsibility of the user for the contributions
The user bears sole responsibility for his contributions. If he/she posts a contribution online in any form, he/she confirms that he/she will observe the applicable legal system, the rights of third parties, good manners, etiquette and the rules of conduct on the Internet (netiquette, chatiquette). In particular, the user confirms that he/she is entitled to all rights to the uploaded contributions and that he/she has the necessary consents of third parties.
In particular, the user undertakes not to upload, store, disseminate, present or make publicly accessible, publish or refer to or link to any content using the platform that infringes personal rights and/or rights of third parties (e.g. patent rights, copyrights, trademark rights, trade secrets) as obscene, insulting, defamatory, threatening, offensive, pornographic, glorifying violence, harassing, unsuitable for minors, racist, inciting hatred, xenophobic, right-wing extremist, anti-competitive, contain incitements to violence or other crimes or are otherwise reprehensible, are unobjective or unrelated to the commented content, contain or constitute viruses or unsolicited mass mailings (so-called "spam"), solicit participation in chain letter, pyramid game and free share promotions and/or pursue commercial or other commercial purposes.
10.3 Sole legal responsibility of the user with regard to his contributions
In the event of misconduct or violations of the legal system as well as these Terms of Use, the user alone shall bear any legal consequences.
The User shall indemnify the Operator, the Client as well as their bodies, employees as well as auxiliary persons against justified claims by third parties which are asserted on the basis of content disseminated and made publicly accessible by the User on the platform or the conduct of the User. The user thus assumes the handling and defense of any legal disputes, claims for damages, other lawsuits and claims. In particular, the User shall bear all court and out-of-court costs incurred to protect the rights of the Operator, its bodies, employees and auxiliary persons.
10.4 Granting of rights to contributions
If a User posts contributions (cf. Section 10) on the platform, he/she grants the Operator, free of charge, the right to present, make publicly accessible, distribute, make available for retrieval by third parties or otherwise use the contribution on all pages of the platform to which the contribution was sent, as often as desired and without any temporal or spatial restrictions (rights of use and editing rights). These granted rights shall remain with the Operator in perpetuity even after termination of the user agreement.
By posting his contribution, the user assures that he may dispose of the rights granted herewith and that he has not disposed of them in any other way. In particular, he assures that he does not violate any copyrights or other rights of third parties.
Use for advertising purposes (advertisements) will only take place after consultation with the respective user or author and his consent.
10.5 Exclusion of the operator's duty to check the contributions
The operator and its auxiliary persons are not obliged to check the contributions and the contents of the platform created by users. In particular, the correctness, completeness and legality of the User's contributions are not to be verified by the Operator (cf. Section 10.2). The contributions published by Users do not represent the opinion of the Operator, its bodies, employees or other auxiliary persons.
10.6 Deletion of contributions
The Operator and its administrators are entitled to delete individual contributions or parts of contributions or to restrict their visibility at any time at their sole discretion. Irrespective of the aforementioned right, the operator will remove contributions that violate section 10.2. However, the user has no right to such a measure, also with regard to contributions by third parties. As a rule, the operator will inform users about the deletion of their contribution. The user has no right to be informed.
10.7 Obligation of the user to notify
The user is obligated to report to the operator any contributions or content that violate the legal system or section 10.2.
11. Data protection
The agreements regarding the processing of data are contained in the privacy policy of QomApp. They are an integral part of these Terms of Use.
12. Final provisions
12.1 Communications
Communications from the Platform to the User shall be made by e-mail or via the Platform. Users agree that they may be informed by the platform about any kind of news by e-mail or via the platform. If a date and/or time is decisive for declarations and legal transactions, the displayed server date and time of the platform shall be decisive.
12.2 Changes to the terms of use
The Operator reserves the right to change these Terms of Use at any time. The Operator will inform about the changes on the platform. The changes to the Terms of Use shall be deemed to have been approved by the User if he continues to use offers of the platform after the expiry of one month after the new Terms of Use come into force or if he does not give notice of termination within two months after the changes come into force in accordance with section 7.2.
12.3 Applicable law
All contracts between the Operator and the Users shall be governed by Swiss law, excluding conflict of laws rules, the UN Convention on Contracts for the International Sale of Goods and state treaty law.
12.4 Place of jurisdiction
The place of jurisdiction is Zurich, Switzerland.
12.5 Severability clause
Should individual provisions of this user agreement or the data protection guidelines be invalid or incomplete, or should fulfillment become impossible, this shall not affect the validity of the remaining parts of the contract.
Privacy Policy.
This Privacy Policy describes the basis for processing, obtaining, collecting, using, disclosing, archiving and disclosing User Data collected through our qom.app website and related applications ("Platform"). By providing your data when registering and using the Platform, you agree, among other things, that the Operator may collect your personal data and process it for marketing purposes. The Operator stores the individual access data as well as all data generated by the User through the use of his account. The details of the use of the data entered by the User are regulated below. This privacy policy may be revised from time to time and/or adapted to changes in data protection legislation. We will not make any material changes without announcing them in a timely manner via our platform.
Briefly stated:
- We only collect data in connection with your use of the App. As long as the app is not running (even in the background), we also do not collect any data.
- Exception: When receiving a push notification, the app may start briefly in the background.
- We publish the collected data only anonymously.
- We manage the data with the utmost care.
- We share the data with the client.
- If you have any questions regarding data privacy, please contact us at privacy@qom.app.
Collected data
Registration data
When you register on the platform, we ask you to provide us with certain data, such as your e-mail address and password. The password is encrypted to the extent that the operator cannot decrypt it. We may also ask you to personalize your user data with additional data, such as your first and last name, location, address, phone number or individual preferences. Some of this data, such as portions of your name, will be publicly displayed on our Services. You can control the public display of all other data via your account. We do not collect or create any particularly sensitive personal data as defined by the Swiss Data Protection Act.
User IDs and device IDs
When you install the App on your smartphone, we create a unique identification number associated with the installation of the Software ("User ID"). If you have an account, we will associate the User ID or your Device ID with your login credentials.
Data Regarding Your User Behavior
We collect data regarding your user behavior, such as your perception or use of editorial content, which features you use, what actions you take (e.g. uploading photos, videos, rating content or posting comments).
Log Data
When you use our Services, data about your use of the Platform ("Log Data") is automatically created. This Log Data may include data such as the Internet Protcol ("IP") address of your computer or mobile device, browser type, access time, and other statistically usable data. We use the log files to analyze your user behavior.
Surveys and Promotions
From time to time, we may give you the opportunity to participate in surveys or sweepstakes. If you participate, we may ask for and process additional data from you.
Cookies & Other Technologies
Like other websites, we use "cookies." A cookie is a small piece of data that is sent to your browser from our web server. We use "persistent cookies" to make it easier for you to log in. The password is only stored if you have explicitly requested this when registering.
In addition, the use of cookies allows us to recognize returning users for statistical purposes. We also use temporary "session ID cookies" to provide you with our site or services on a more personalized basis and to optimize our understanding of your use of the service provided and your web activity on our site.
You can change the setting of your browser so that it does not accept cookies or displays a prior warning to you before cookies are accepted by the website you are visiting. If you do not accept cookies, you may not be able to access all sections or features of our site. Cookies, installed by the Operator or by third parties such as social networking services (e.g. Facebook), will remain stored on your computer or mobile device until you delete them.
We work with third parties that use cookies and other tracking technologies to collect anonymized data about your activities on our website and with our services. The data collected helps us better understand the use and operation of our Platform. The collected data is stored separately from any personal data that may be collected. This means that the data does not allow any connection to your person.
Data collection by the operator and third parties
The data is collected on the entire platform by the operator. Excluded are parts that are operated by partners of the operator. In these areas, data may also be collected by the corresponding partner. The operator obtains assurances that the partner has data protection and security measures equivalent to those of the operator itself.
Intended use of data
We use the data we collect exclusively in accordance with Swiss data protection law. Your data will only be used for the purpose communicated to you in this Privacy Policy.
We use the data we collect, including your login information, user ID and device ID, data regarding your use of our services and data from surveys, etc., solely to provide and improve our services, to develop new offerings, and to enhance and personalize your experience on the Platform, including the content and advertising you see.
Based on aggregate personal information we collect about you and other App users, we may assign you to a particular user segment. This segment may make certain automated statements about your social behavior and consumption patterns. We may link your information to other information we obtain from you through other products and services we offer.
Disclosure of data
Data you share.
By means of your contributions, you can share your interests, preferences and thoughts with others. Our services are designed to enable sharing with other users. In most cases, the use of the platform results in contributions or data becoming visible, that is, published, to other users or to the entire Internet community. When you create an account, your name, profile picture and content that particularly identifies you are published in a standardized manner. Furthermore, you can publish/post contributions (see Terms of Use, section 10). Please bear in mind that when you publish your data on the Internet, it could also be made available to a broad public via search engines/technologies and that the deletion of published data by the operator cannot therefore be guaranteed. If the data is posted on the Internet for the first time, it may still be accessible to third parties even after deletion, for example by using search engines.
Anonymized data
We may forward, distribute or publish data to third parties in condensed form (e.g. as statistics or reports). The data is presented in such a form that it is not possible to draw conclusions about individual persons based on the data.
Services providers
We employ third-party companies to assist us in providing and improving the Services (for example, database management and web analytics, such as Matomo). When these third party companies receive personal data, they are required not to disclose it or use it for purposes other than those specified by us. The third-party companies may only process the data in the same way as we are permitted to do so ourselves. Any further processing is prohibited.
Fulfillment of legal obligations
We reserve the right to disclose data in the context of fulfilling legal obligations, for example in connection with the prosecution and detection of unlawful activities.
Business transactions
Operator may sell, transfer or otherwise share some or all of its assets, including your Personal Data, with third parties in connection with a merger, acquisition, reorganization, divestiture or sale of assets, and in the event of bankruptcy. sell, transfer or otherwise share with third parties.
Matomo Privacy Policy
The Platform uses an on-premise installation of Matomo. Matomo uses so-called cookies, which are stored on your computer and which allow an analysis of your use of the website. Matomo collects information anonymously and website trends do not include information about individual visitors. The cookies store information such as the time of the visit, information about whether it is a user's first visit, and information about the website that referred the user to the particular website. The information generated by cookies is transmitted to a server of the operator in Switzerland and stored there.
Under no circumstances is personal data collected or stored by this technology that would allow conclusions to be drawn about the identity of the website visitor. You can object to the collection and storage of data at any time with effect for the future.
By using our platform, you agree to the storage and processing of the data collected about you for the aforementioned purpose.
Right to information, correction or deletion of your data
Users may at any time request information free of charge as to whether and, if so, what personal data is being processed about them. The right to information can be exercised in writing by mail to Appix AG, Hagenholzstrasse 83b, CH-8050 Zürich may be asserted. To identify the user, a copy of the ID or passport must be attached to your letter.
The correction and deletion of your personal data will be done through your account. The deletion of all personal data is carried out in accordance with the terms of use by terminating the user contract. Legal storage obligations are reserved. The termination of the user contract can be made via the personal profile settings.
For information on changing your data protection settings, your password, updating, as well as correcting your data or for any other data-related questions, please send us an e-mail to privacy@qom.app.
International data transfer
Due to the structure of the Internet and the use of services such as Google Analytics, etc., it cannot be guaranteed that the data will not be stored or transferred to servers abroad. By providing the data, the user therefore gives his consent that the data may also be transmitted abroad or processed or stored there.
Subcontracted processors
We use a select number of trusted external service providers for certain technical data processing and/or service offerings. These service providers are carefully selected and meet high data protection and security standards. We only share data with them that is necessary for the services they provide, and we contractually obligate them to keep all information we share with them confidential and to process personal data only according to our instructions:
| Subcontractor | Data Location | Service |
|---|---|---|
| METANET | Switzerland | Secure Infrastructure for Servers and Databases and Logs, Hosted in Switzerland |
Third-party services we use
When you visit our websites or purchase products or services, we use the following third-party services that may collect personal information:
| Service Provider | Purpose | Basis | Data Location | Data Collected | Privacy Policy. |
|---|---|---|---|---|---|
| Google Firebase Cloud Messaging | sending push notifications | legitimate interest | USA | Firebase installation IDs | link |
Consent to the processing of data
By providing his or her data, the user of the platform gives his or her consent to the processing of his or her data within the scope of this privacy policy. By registering in accordance with the Terms of Use, the user consents to the use of the personal data provided for the purposes described above, in particular the use of personal data for marketing purposes. The user agrees that his data may be evaluated anonymously for marketing purposes. He expressly gives his consent that the collected data can also be processed by third parties. Anonymized data can be published or passed on by us.