302.649.526 (hereinafter &"iSense"), shall apply to the use of the following applications, services and content of iSense (hereinafter "Services") by an individual, acting on his/her own or and his/her company’s behalf, from within any country in the world (hereinafter "User" or "Users"):
2.1 In General
The Services provided by iSense are visible on iSense’s website and on iSense DigitalEcosystem™️ and include the iSense digital tools and services [ www.isensegroup.com].
iSense is free to change, extend or cease providing Services in terms of content or format at any time.
iSense may at any time change the prices and offers of the Services.
iSense shall take reasonable efforts to always use up-to-date and accurate data in its Services, although data may contain errors or incomplete information as a result of technical or other incidents. The User shall have no claims against iSense on the basis of the foregoing.
The operation and management of the Services are executed by iSense. iSense strives to operate its Services as free from disruptions as possible and to minimize interruptions for correcting malfunctions, performing maintenance work, introducing new technologies and the like, but it cannot completely exclude the same. Technical developments are implemented at the sole discretion of iSense.
2.2 Registration, User Account
In order to use the Services, it may be necessary to register. Upon registration iSense will create a User Account based on the information given. Only Users with a legal capacity to act (natural and legal persons) are permitted to register and/or hold a User Account. Each User may only have one active User Account. iSense may at any time cancel and/or delete any additional User Accounts (see below).
The User shall be obliged to provide accurate, current and complete information and to keep the information up-to-date at all times. The User shall be solely responsible for the content of his/her User Account and, as a result, for the information he/she provides. iSense is not obliged to check such information in terms of accuracy or completeness but is free to do so. iSense may at any time cancel and/or delete any User Account that proves to be inaccurate, fraudulent, not current or incomplete (see below).
The User shall be obliged to treat his/her access data (user name/password) confidentially and protect it against any misuse. To further secure the Users usage of the User Account, iSense shall determine the type of access protection deployed and shall take measures in order to protect its Services against any unauthorised interference by third parties. Nonetheless, the User shall have no claims against iSense for any misuse of access data or any loss or damage caused through any improper access of the User Account and use of the Services.If the User detects or assumes any misuse or other unlawful offers and content, he/she shall immediately notify iSense of such event ([email@example.com]).
iSense may, at their discretion and without liability to the User, with reasonable cause, refuse a registration or with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel a User Account. In such a case, any or all of the following shall occur with or without prior notice or explanatory statement to the User:
iSense cannot be held responsible for any compensation for orders (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination or any other losses in relation to a suspension, deactivation or termination of a User Account.
The User is free to cancel his/her User Account at any time by sending an e-mail to the following address: [firstname.lastname@example.org].
2.3 iSense Digital Ecosystem™️
iSense operates the iSense Digital Ecosystem™️. It allows to upload, manage and share information about flavors and taste ingredients (hereinafter “Flavors”) with the main goal of connecting Users supplying Flavors and Users requesting such Flavors using iSense Flavor Digitization™️ as a common specification of the Flavors. iSense may at any time and at its sole discretion admit and/or excludeUsers from the use of the iSense Digital Ecosystem™️. The User has no right vis-à-vis iSense to a use of iSense Digital Ecosystem™️ or any other Service provided by iSense.
iSense Digital Ecosystem™️ provides the possibility to upload Flavors and information in relation to the Flavors and to the User to a private collection manager (hereinafter: “CollectionManager”). User Content can be made public to other Users (hereinafter: “PublicUser Content”). iSense is authorised but not obligated to monitor User Content and/or to verify its accuracy, completeness and lawfulness. iSense may, at its sole discretion and without liability to the User, with reasonable cause, refuse the upload and/or publication of User Content or without prior notice and at any time, decide to delete or change already uploaded private or publicUser Content. The User has no right vis-à-vis iSense to the publication of UserContent, the use of the Collection Manager or any other Service provided by iSense.
The User expressly undertakes not to use the information and content made available on iSense Digital Ecosystem™️ in any manner or form outside iSense DigitalEcosystem™️, whether it is information provided by iSense or User Content provided by other Users. In particular, Users shall refrain from copying, publishing or otherwise reproducing (e.g. on the Internet) in any form the data made available on iSense Digital Ecosystem™️ or to link those data to other data.
Users may have the possibility to contact one another with the purpose of requesting a Flavor sample.The User has no right vis-à-vis iSense to contact other Users via the Services.iSense may at its sole discretion and without liability to the User, with reasonable cause, refuse a User to contact other Users through the Services.
2.4 iSense Flavor Digitization™️
iSense offers the possibility to order an iSense Flavor Digitization™️, the sensory profiling of a Flavor executed by iSense, for the User’s Flavors online. iSense may at any time and at its sole discretion decide to accept or refuse an order for an iSense Flavor Digitization™️. The User has no right vis-à-vis iSense to demand an iSense Flavor Digitization™️ or any other Service provided by iSense.
The User is entitled to use iSense Flavor Digitization™️ on his/her CollectionManager only for internal research purposes and linked to his/her own product development and intelligence building. Other than that the User expressly undertakes not to use any iSense Flavor Digitization™️ be it of his own Flavor or that of any other User in any manner or form outside iSenseDigital Ecosystem™️. In particular, Users shall refrain from copying, publishing outside of iSense Digital Ecosystem™️ or otherwise reproducing (e.g., on the Internet) in any form any iSense Flavor Digitization™️. The iSense Flavor Digitization™️ of aUser’s Flavor may, however, be made public on iSense Digital Ecosystem™️ as Public User Content vis-à-vis other Users for the purpose of connecting Users supplying Flavors and Users requesting them.
2.5 iSense Toolkit™️
iSense offers the order of iSense Toolkit™️, boxes containing the referents associated with a given flavor language. iSense may at any time and at its sole discretion decide to accept or refuse an order for an iSense Toolkit™️.The User has no right vis-à-vis iSense to demand an iSense Toolkit™️ or any other Service provided by iSense.
Moreover, theUser undertakes not to recruit or otherwise solicit any User to join third-party services or websites that are competitive to iSense, without iSense’s prior written approval.
If legal action is taken against iSense by a third party or another User in connection with the use of the Services, an agreement with the User, data provided by User, the UserContent or products or services offered by Users, as applicable, the User shall be responsible for fully indemnifying and holding iSense harmless, upon first request, against and from any claims and losses, including covering all court and out-of-court costs incurred by iSense. Upon request by iSense, the User must also make available all documents deemed useful by iSense for defending against the action and must become a party to the proceedings.
iSense respects copyright law and expects its Users to do the same. It is iSense's policy to delete all User Content and/or terminate in appropriate circumstances the User Accounts which infringe or are believed to be infringing the rights of copyright holders (see Section 2.2).
The Services are protected by copyright, trademark, and other laws of Switzerland and other countries. The User acknowledges and agrees that the Services, including all associated intellectual property rights, are the exclusive property of iSense and its licensors, as far as it is not User Content. The User agrees not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights incorporated in or accompanying the Services, whether it is owned by iSense or other Users.
The User acknowledges and agrees that he/she is solely responsible for all User Content that he/she uploads to the Services and/or makes public. Accordingly, the User represents and warrants that:
4.2 License to the User
The User has no right to sublicense the license rights granted in this section.
4.3 License to iSense and other Users
By requesting a User Account the User grants to iSense all necessary licenses to:
By making User Content public for other Users, the User grants to iSense the license to make the User Content visible and accessible by the choice of the User either to all Users (marketplace) or to specific other Users chosen by the User. This does not grant the receiving Users any right on such information or content. TheUser Content remains in the full property of the User who shared it. The User expressly commits not to copy, publish or reuse any information that has been shared with him, which he/she has no right upon.
By ordering an iSenseFlavor Digitization™️ the User grants to iSense all necessary licenses needed to create the iSense Flavor Digitization™️.
All Data (especially Personal Data) are handled according to the Data Protection Provisions.
6.1 In General
iSense is only liable in case of wilful intent or gross negligence. Under no circumstance is iSense liable for consequential damages or lost profits.
iSense is not liable for any misuse of the Internet or for associated damages caused to the User by third parties or other Users, for safety defects and interruptions of the telecommunications networks of third parties and the Internet, or for interruptions of operation and disruptions of the Services.
iSense does not and is not obligated to examine the content of websites linked to the Services and is not liable for the content of such linked websites.
6.2 iSense Digital Ecosystem™️ in particular
iSense DigitalEcosystem™️ contains information and content owned by iSense, as well as by iSense’s Users (User Content). iSense strives to ensure the accuracy of this information and content but makes no express warranties or representations in this respect. This relates, in particular, to the truthfulness, accuracy, completeness and currency of the information and content. iSense rejects any liability for losses that may arise from the retrieval, access or use of information and content of iSense Digital Ecosystem™️.Such information and content are retrieved and used exclusively at the Users’ own risk.
The User is fully responsible for his/her User Content uploaded to the Collection Manager as well as Public User Content. iSense denies any liability for private or public User Content. In particular, iSense makes no warranties or guarantees for the products and services offered by Users via the iSense Digital Ecosystem™️, as well as for any contracts potentially resulting therefrom, e.g., sale contracts made among Users or third parties. No reference or description on Services is an endorsement, certification or guarantee by iSense about any User Content or User, including the identity of the User and whether the User is trustworthy, safe or suitable.
The User may be able to rate other Users and/or their Public User Content. The User must be honest and accurate in their appraisals. No User rating is an endorsement, certification or guarantee by iSense about any User or User Content.
6.3 iSense Flavor Digitization™️ in particular
iSense makes no warranties or guarantees for accuracy and completeness of iSense FlavorDigitization™️ made available on the iSense Digital Ecosystem™️, the internet or in any other way or place. iSense rejects any liability for losses that may arise from the use of iSense Flavor Digitization™️ or information related to such. The iSense Flavor Digitization™️ and information related to such are used exclusively at the User’s own risk. In addition the Terms and Conditions for iSense Flavor Digitization™️ are applicable.
iSense is not a party to contracts between Users or other third parties regarding products and services (i.e. Flavors) offered by Users via iSense Digital Ecosystem™️.iSense is in no way responsible for the conclusion of the contract and for any associated risks.
The information and content reproduced by Users on iSense Digital Ecosystem™️ does not establish an offer, an invitation to make an offer or a recommendation concerning a purchase by iSense.
These Terms ofUse are exclusively subject to Swiss law, excluding its international conflict of laws rules [Swiss Act on International Private Law (IPLA)]. The UnitedNations Convention on Contracts for the International Sale of Goods (CISG) is expressly and entirely excluded. The exclusive place of jurisdiction and performance is Zurich, Switzerland. iSense is also authorised to take legal action against the customer at his or her registered office/domicile.
iSense AG, Zurich, July 2019