Terms of Service

Some Products have their own contract. Where they do, that contract applies instead of these Terms.

• Polymorfa is governed by the Polymorfa Terms of Service and the documents they refer to (including the data processing agreement, acceptable use policy and refund policy listed at polymorfa.com/legal). These Terms do not apply to Polymorfa.

A Product may also add specific rules for a feature, for example in its interface or documentation. If those rules conflict with these Terms, the more specific rules apply to that feature.

How we handle personal data is described in each Product’s privacy policy, not in these Terms: the Polymorfa Privacy Policy and, for this website, our website Privacy Policy.

You may use the Products for lawful purposes and in line with these Terms. You must be old enough to agree to these Terms where you live, or have permission from a parent or guardian who agrees to them for you.

You agree not to:

• break the law, or infringe anyone else’s rights, when using a Product;
• try to gain unauthorised access to a Product, another user’s account or our systems, or interfere with their security or operation;
• overload a Product, for example through automated requests beyond normal personal use, or use it to send spam or malware;
• misrepresent who you are, or impersonate another person.

Security researchers who find a vulnerability are welcome to report it to us through the contact details under “General provisions and contact” below. Please give us reasonable time to fix it before publishing.

Some features need an account, or a connection to an account you hold with another provider. You are responsible for the accuracy of the information you give us and for keeping your sign-in details and any private links we give you confidential.

Tell us promptly if you think someone else has gained access to your account. You can stop using a Product and ask us to delete your account at any time.

Unless a Product clearly says otherwise, it is provided free of charge. If we offer a paid Product or feature, we will show you the price, what is included and the payment terms before you buy, and those terms will form part of your agreement with us.

Some Products, or parts of them, are published as open-source software. Your use of that source code is governed by the licence that comes with it, which takes precedence over these Terms for the code itself. These Terms continue to govern your use of the services we operate, such as hosted apps, accounts, feeds and notifications.

You keep all rights to the information you put into a Product (for example, your settings). You allow us to store, process and display that information only as far as needed to provide the Product to you, in line with the Product’s privacy policy.

If you send us feedback or suggestions, we may use them to improve our Products without any obligation to you.

Apart from open-source code under its own licence, the Products, including their design, text, graphics and software, belong to Softium or our licensors. You may not copy, modify or distribute them except as these Terms or an applicable licence allow.

“Softium”, “Polymorfa” and their logos are our names and marks. Please do not use them in a way that suggests we endorse you or your product. Other names, such as Google, Apple, Microsoft, Outlook and WhatsApp, are trademarks of their owners.

Products can work with services operated by others, for example calendar, email or messaging services, or browser push services. Those services are governed by their providers’ own terms and privacy policies. We are not responsible for their availability or for changes they make that affect how a Product works with them.

We work to keep the Products available and reliable, but we do not promise uninterrupted or error-free operation. We may need to pause a Product for maintenance, security or reasons outside our control.

We improve our Products over time and may change, add or remove features. If we plan to discontinue a Product that you use, we will try to tell you in advance and, where practical, give you a way to export your data.

To the extent the law allows, free Products are provided “as is” and “as available”, without any warranty that they will meet your needs or be accurate, complete or free of defects. Mandatory statutory rights, including those you have as a consumer, are not affected.

• We are fully liable for damage we cause intentionally or through gross negligence, and wherever the law does not allow liability to be limited.
• Otherwise, and to the extent the law allows, we are not liable for indirect or consequential loss, lost profits or lost data, or for loss caused by relying on reminders or other information shown in a Product.
• Where we are liable for slight negligence, our total liability is limited to the greater of (a) the amounts you paid us for the Product in the 12 months before the event that caused the claim and (b) CHF 100.
• We are not liable for delays or failures caused by events outside our reasonable control, such as outages of networks, hosting providers or third-party services, or orders of authorities.

You can stop using a Product at any time. We may suspend or end your access if you seriously or repeatedly break these Terms, if the law requires it, or to protect the Product, our users or third parties from harm. Where reasonable, we will tell you first and give you a chance to fix the problem.

Sections that by their nature should continue after the end of your use (for example, the sections on your content, intellectual property, liability, and law and courts) continue to apply.

We may update these Terms, for example when we change a Product or when the law changes. We will publish the new version on this page with its effective date. If a change materially affects you, we will give you reasonable notice in advance, by email or in the Product where we can. If you keep using the Products after a change takes effect, the new Terms apply. If you do not agree with them, please stop using the Products.

These Terms are governed by Swiss law, without its conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

The courts of La Chaux-de-Fonds, canton of Neuchâtel, Switzerland, have exclusive jurisdiction, subject to any mandatory place of jurisdiction. If you use a Product as a consumer, you keep the protection of the mandatory rules of the country where you live and may also bring proceedings in the courts there.

If any part of these Terms is found invalid or unenforceable, the rest remains in effect, and the invalid part is replaced by a valid provision that comes closest to its intent. These Terms are written in English; translations are for convenience only.

Softium LLC
Rue des Musées 58
2300 La Chaux-de-Fonds
Switzerland
Registered as SOFTIUM Sàrl, UID CHE-303.047.962, Commercial register of the canton of Neuchâtel
Email: privacy@softium.ch