Terms & Conditions

If you use this service, you agree to the following terms and conditions of Eleverse Labs AG (the „Service Provider“) and are bound by them.

Customer Care

Eleverse Labs AG
Brügglistrasse 11c
CH-8852 Altendorf

Email (preferred): eleverselabs.dk@silverlines.info
Hotline: 78730941

Service Provider

Eleverse Labs AG
Brügglistrasse 11c
CH-8852 Altendorf
Switzerland

UID-Nr: CHE-352.962.043
VAT-Nr: CHE-352.962.043-MWST
Web: www.eleverselabs.com

Contact

The service provider maintains the above client service phone number and e-mail address, Monday – Friday between 9-17 o'clock as a service center for inquiries and complaints.

§ 1 – Products of the Service Provider

1) The service provider offers products for Internet, print media, telephone services, SMS / MMS / WAP services and related services for mobile phones and other mobile devices. The provision of all services is on the basis of these general terms and conditions („Terms“).

2) The services can be used by all customers who are in possession of a mobile phone that meets the technical requirements of the desired service, and who are customers of a mobile network operator or service provider through which the services specified by the service provider can be used.

§ 2 – Conclusion and Termination of Contracts

1) If the customer requests via SMS, via the Internet or mobile internet a particular service, this request shall constitute an offer to conclude a contract between the service provider and the customer concerning the use of the relevant service at the current price. The service provider may accept this offer either by sending or providing the requested service, or, if registration is required for the service, through a registration confirmation via SMS, internet or mobile internet.

2) Detailed information on the termination of contracts can be found under § 13 of these Terms and Conditions.

§ 3 – Benefits of the Service Provider

1) The Service Provider reserves the right at any time to change services wholly or partly, discontinue, complete and/or expand them.

2) If it is clear from the respective service offer or § 8 otherwise, the obligation of the service provider consists exclusively in the provision and – if the service in question is intended for such purpose and is suitable – the sending of the requested service to the customer.

3) If the service provider offers third-party content (see § 8), the obligation of the service provider consists in forwarding the relevant content from its receipt to the customer in accordance with the respective service.

4) Irrespective of whether a service is called free and is discharged as such free of charge, transport costs incurred by the GPRS mobile network operator may arise for the end user. The valid price of the relevant service at the time of the call can be found in each application and the content information of the service.

§ 4 – Subscription Services

For the subscription versions offered by the service provider, in addition to § 3, the rules set out below apply:

1) Each pass can only be used by customers of the mobile network operator or service provider specifically mentioned in this context. Each subscription includes only the content type specified in the description of the subscription (for example, videos, photos (images), text content, ringtones, mobile games, etc.).

2) The ordering of a subscription takes place by sending the subscription-assigned keyword by SMS and additionally sending a confirmation SMS („Handshake“) or by pressing a WAP confirmation button („START VIEW“) to the speed dial number specified by the service provider for this purpose or by selecting and ordering via the Internet according to the instructions. If a subscription expressly indicates a fixed term and no automatic renewal is provided, the subscription ends with the end of the specified term. In all other cases, the subscription is renewed after the initial subscription period for a period of the same duration if the customer has not terminated the subscription beforehand. In the case of such subscription renewal, the subscription fee is payable again by the customer.

3) The cancellation of a subscription at the end of the subscription period can be made at any time without the need to observe a notice period. For details on termination see § 13 of these Terms and Conditions.

4) A transfer of unclaimed subscription credit to the next subscription period or a refund of the balance or the subscription fee in case of cancellation is not possible.

5) The customer has the opportunity at any time to request information about current ongoing subscriptions. This is done by sending an SMS with the text „VIEW“ to a subscription-assigned speed dial number.

6) To provide customers with the desired subscription also in the case of higher costs, e.g. for production or transmission, the Service Provider reserves the right to change the content or the price beforehand. In some cases, the subscription may be discontinued. In such cases, the customer is informed by the service provider.

§ 5 – Services Rendered by Others

1) Besides its own services, the service provider provides services for third parties. If the customer uses such a service, a contract between the customer and the third party is concluded. Where this is necessary in the context of services mediated by the service provider and provided by a third party, the provision of the service may be subject to the customer previously granting consent for the disclosure of his mobile phone number to that third party.

2) For such switching services provided by the service provider, certain provisions in these Terms apply.

§ 6 – Commercial Advertising, SMS and MMS

With the use of a service provided by the service provider, the customer gives revocable, unrestricted and unlimited permission to receive via SMS and MMS advertising, offers and information of all kinds on his cell phone and to receive advertising, offers and information of all kinds by direct mail, e-mail and any other means (explicit OPT IN). The perpetual and unrestricted sending of SMS and MMS and the perpetual and unrestricted sending of advertising, promotions, and all kinds of information by post, e-mail, and any other means will be considered by the customer as explicitly approved; however, this can be terminated by e-mail or phone call to the service provider at any time (OPT-OUT). Advertising under this Article does not constitute unwanted spam.

The client explicitly agrees that the contractual partners linked to the websites of the service provider, who are subject to the applicable data protection provisions and directives in the same way, are able to access all personal data (information about usage data, identity such as mobile telephone number, names, email address, postal address) of the subscriber, and that this data (including personal data) may be saved, collected, processed and also disclosed to third parties by the service providers and contractual partners. The client also agrees to usage data statistics of the subscriber being evaluated anonymously and to personal data management under the respective directives of data protection legislation and the mobile telephone companies, or with any requisite authorisation from the client.

§ 7 – Rights and Obligations of the Customer

1) For the use of some services, customer registration with the service provider is required. If the service in question is settled via the mobile phone bill, registration is done by sending the order codes provided for the service via SMS or by clicking predefined mobile Internet links for the mobile network used by the customer.

2) The customer is obliged to take appropriate action against the abuse of its fixed-line, Internet and cellular phone services by third parties. In case of loss of the mobile phone as a result of theft or loss, the customer is liable for the services used from his mobile phone until the loss of the mobile phone is disclosed to the telephone company. The customer is obliged to inform the service provider, upon request, of current data such as name, address and corresponding changes by e-mail, mail or fax. The customer is liable for the use of his connection, the use of passwords and codes in every case. This also applies to the use of paid services and for any use or misuse of its communication facilities by third parties. The customer keeps all contract data such as PIN code and other codes and passwords secret and is committed to safely store the data and not make it available to anybody. The customer is liable for any damages arising from contempt of this policy.

3) If the service provider collects customer data when contracting, the customer shall disclose this truthfully. Future changes to this data must be notified voluntarily and without delay to the service provider.

4) For the majority of services, it is sufficient if the mobile number of the customer is known to the service provider. To the extent necessary for a particular service beyond this data and information, the product can only be claimed if the customer has informed the service provider of the required data.

5) If a password is communicated to the customer in the course of using the services, the customer is obliged to keep this password confidential. A transfer of the password to third parties is not permitted. If the customer becomes aware that a third party has gained knowledge of the password, he is obligated to immediately contact the service provider by phone, email or in writing (see contact information for customer service at the beginning of these Terms) and request a blocking of the password. Until the blocking is effected, the customer is liable for the costs of use of the password (especially for the retrieval of services) unless the gained knowledge regarding the password is the responsibility of the service provider.

6) All services offered by the service provider are protected by copyright, trademark and other intellectual property rights. The customer is therefore entitled only to use services for private purposes in the intended manner. A transfer of services to third parties is prohibited. Any further use is allowed only to the extent expressly approved by the service provider or the partner companies concerned.

7) In the event of a breach by the customer of these terms and conditions, the customer agrees to be liable to the service provider for all damages caused by such failure. The customer agrees to indemnify the service provider from all third-party claims caused by his conduct and to reimburse the service provider for all resulting damages.

8) The customer pays the applicable fees of its mobile network operator or service provider for the retrieval of services and their transmission (in particular for services that are used by the customer via a mobile Internet connection or Internet connection).

§ 8 – Customer Protection at the Service Provider

1) The customer is committed not to transfer any illegal content via the services, including content of the following nature, which is in particular unlawful:

– Violence (Article 135 of the Criminal Code).
– Call for violence (Article 259 of the Criminal Code).
– Racial discrimination (Article 261 bis of the Criminal Code).
– Illegal gambling within the meaning of the Casino Act or the Lottery Act.
– Offering pornographic services i.S.v. Art. 197 para. 3 and 3 bis of the Criminal Code (so-called hard pornography / excrement pornography).

It is prohibited to transmit any content which infringes the rights of third parties. Any kind of spamming is forbidden. The customer also undertakes not to transfer any data that are capable of causing damage to the service provider or third parties (e.g. Trojans, dialers, viruses).

2) Once the service provider becomes aware that the customer transfers prohibited content according to the above terms, the service provider, as well as third parties acting on behalf of the service provider, has the right to order the immediate deletion or blocking of such content and to take measures to prevent access to this content. In such a case, the service provider also has the right to cancel all existing contracts with the customer without notice. At the request of a law enforcement authority in the course of a criminal investigation against a customer, the service provider will notify the mobile number of the customer to the competent authority to the extent permitted by law.

3) The service provider collects and processes personal data of the customer only to the extent necessary for the completion and implementation of the agreement concluded with the customer. For most services it is necessary to save the mobile number of the customer in order to provide the customer with the product. For some products, the specification and storage of other data is required for their use.

4) For certain services, it is necessary that a third party sends contents and services directly to the customer or that the customer can directly access content held ready by third parties. To make this possible, it is necessary to pass on the mobile phone number of the customer to the third-party service provider.

5) Outside of the provision of services, personal customer data will not be shared with third parties unless the customer has been informed of this and has given his explicit and/or implicit consent. By requesting services from the service provider, the customer expresses interest in receiving information about other services. The customer always has the option to revoke his consent to receive information regarding the services of the service provider. This may be done by phone, email or in writing (see contact information for customer service at the beginning of these Terms) with the indication of the mobile phone number of the customer and the revocation.

6) The service provider points out to the customer that the disclosure of personal customer data (e.g. name, mobile phone number) of oneself or third parties in SMS chat or other communication services is not permitted under data protection law.

§ 9 – Customer Content (see also § 7, paragraph 1)

1) If the customer provides his own content as part of a service that is intended to be accessible to third parties (for example in connection with an SMS chat or other social media and/or interactive services), the customer grants the service provider the right to publish, display and distribute such content in a form corresponding to the service in question. By introducing his own content, the customer grants the service provider all copyrights to this content and agrees that the service provider may use this content without any charges for its dissemination, forwarding or commercial use. These rights are valid worldwide and without time limit for the service provider.

2) It should be noted that the service provider decides when, how and to what extent the content provided by the customer is made available or transmitted to other customers. If the service provider forwards to the customer or links from its website or elsewhere to third-party content, the above principles apply accordingly.

3) The service provider has the right to change products that include third-party content at any time without notice, in whole or in part.

§ 10 – Charges for Services

If the customer has signed a fixed-term contract with its mobile network operator or service provider, the charges resulting from the utilization of services are billed to the customer’s wireless bill. Customers with credit cards or pre-paid credits will be debited for the services retrieved, each with their use by the customer and immediately from the pre-paid credit. The same applies to payment methods provided by third parties (e.g. mobile operators).

§ 11 – Warranty for Services

1) The service provider is always striving for a high quality standard. If services are faulty, the customer is entitled to statutory warranty rights. If a service proves to be defective, the customer must inform the service provider immediately stating his mobile number, order date of the service, as well as the respective delivery date. This may be done by phone, email or in writing (see contact information for customer service at the beginning of these Terms).

2) The service provider is committed to providing the highest possible relevance and functionality of its products. To enable this, regular inspections and maintenance work are required, which may affect the availability of some or all of the services temporarily. The forwarding of content and services of third parties may also lead to temporary transmission problems. The service provider is always striving to keep downtime in the interest of the customer as short as possible. The customer accepts possible adverse effects attributable thereto in a reasonable proportion.

§ 12 – Liability

1) The service provider shall be liable only for simple negligent breach of a material contractual obligation by the service provider, its employees, representatives or agents. In this case, the liability for damages by the service provider is limited to direct and foreseeable damage. Indirect or atypical consequential damages will not be compensated.

2) The service provider does not operate its own mobile network. For this reason, third-party services (e.g. the mobile network operator or service provider of the customer) are required for the use of services. If technical difficulties occur with these third parties, this may lead to transmission failures or temporary suspension of the services or any part thereof. These are beyond the control of the service provider. The service provider expressly indicates that it cannot technically ensure the receipt of SMS from the customer or a service on the customer’s mobile phone.

3) The service provider shall not be liable if products transmitted by customers within the provided services contain harmful data (e.g. viruses).

4) Anyone who publishes ads on websites or in magazines of the service provider or its contractors or responds to such advertisements is obliged to observe the following laws and regulations:

– Data Protection Act (DPA)
– Telecommunications Act (TCA)
– Price Announcement Regulation (PBV)
– Obligations (CO)
– Penal Code (StGB)

In particular, the following content is prohibited:

– Violence (Article 135 of the Criminal Code).
– Call for violence (Article 259 of the Criminal Code).
– Racial discrimination (Article 261 bis of the Criminal Code).
– Illegal gambling within the meaning of the Casino Act or the Lottery Act.
– Offering pornographic services as defined in Art. 197 para. 3 and 3 bis of the Criminal Code (so-called hard pornography / excrement pornography).

Such content may not be made available to adults who have demanded illicit content on their own. It is strictly forbidden to publish photos, images, image sequences, illustrations, sketches, drawings, comics, animations, trailers, videos, video clips, teasers, texts, advertisements, posters, banners, links, text messages, MMS messages, email messages, attachments, as well as representations or texts that refer to sexual acts with children or animals, to human excrement or violence or that show such content. Due to the restrictions imposed on the service provider by the Data Protection Act (DPA) and the Federal Constitution (BV), the service provider can accept no liability for misuse by providers who advertise forbidden contents in the publications of the service provider. Should the service provider identify that illegal information is provided, it shall be entitled to exclude the offending customer from further use of its services without notice. If the service provider notices that advertisers offer consumers illegal contents or make such content available, the service provider shall be entitled to file a criminal complaint and to withdraw from any further business relationship. Similarly, the service provider will act if advertisers violate the provisions regarding compliance with the age of consent. The offending party shall pay all legal and financial consequences and fully indemnify the other parties. The offending party accepts any fines imposed on the other parties, including penalties, fines, court costs and claims of third parties.

5) The service provider and its contractors are obliged to provide the contractually guaranteed services to the customer. The guarantee is restricted pursuant to the paragraphs below. The customer warrants, in particular with respect to the rights granted to use specialized applications, to comply with the conditions laid down by the service provider according to the applicable license agreements and these Terms. No liability is accepted for the statements and information contained in the advertisements, neither by the service provider nor by any of its partners. The advertisers are free, responsible persons and have no commitments. Neither the service provider nor its affiliates assume any guarantees for a successful personal contact. It cannot be ruled out that some persons live abroad and use a pseudonym for their own protection. It is also recommended that the customer of the service provider use a pseudonym for their own protection.

§ 13 – Right of Withdrawal / Cancellation for Users in Switzerland

To unsubscribe from the service where SMS-based service application is used, the following options are available:

A) By sending an SMS with the text STOP as well as the keyword given in the service registration to the target number on the registration pages of the service (example: STOP PATTERN to number).
B) Through a call to the hotline number specified in the service registration (09:00 – 17:00) on the login pages of the service provider (see also HELP / CONTACT US on the service site).
C) By sending an email to the email address of the service provider (see also HELP / CONTACT US on the service site).
D) By letter mail to the address of the service provider (contact details are visible at the beginning of these Terms, see also HELP / CONTACT US on the service site).

You may also unsubscribe from a service application using „Mobile Internet Billing“:

A) By cancelling the service on the mobile website of the service (usually indicated as „ABO MANAGE“ on the start page).
B) Via the customer site of the network operator that handles billing for this service.
C) In addition, cancellation is possible according to options B) to D) in the above paragraph „SMS-based services“.

§ 14 – Intellectual Property / Copyright / Privacy Policy

1) The websites, images, photographs, drawings, comics, image sequences, content, text, trailers, teasers, video clips and other video footage of the service provider and its contractors referenced above or under other labels are protected worldwide, without limitation in time or place. All rights are reserved. All corresponding intellectual property belongs irrevocably to the service provider or the licensor who has allowed the service provider to use it. If a customer infringes license rights of others in this context and the service provider is held liable, the customer has to indemnify the service provider. Under these conditions, it is permitted to download, store and play the unchanged programs for personal use. Any other use, including dissemination of the content to third parties, is prohibited. Likewise, any commercial use of the provided content is prohibited. A violation of the above provisions entitles the service provider and its contractors to extraordinary termination of all contracts with the customer. The right to claim damages is reserved.

2) Any other use of copyrighted works is subject to the prior written approval of the service provider. This applies especially to the copying of content to additional volumes, as well as the creation of systematic collections.

§ 15 – Data Protection

1) The service provider shall take all technically feasible and reasonable measures to protect stored data. Liability of the service provider and its contractors is excluded if a third party succeeds by illegal means in obtaining or using data stored by the service provider or contractor. This same principle applies to the legal relationship between the service provider and its contractors.

2) Data storage and recovery: When registering, customer data is stored for the establishment and management of their accounts. In addition, data from the service provider and third-party suppliers can be stored when the services provided by the customer are used.

Data transfer to third parties: The service provider uses customer data for contractual and lawful performance of services offered, maintaining customer relations and for the submission of offers, advertising and information. The customer agrees to the storage and utilization of their data by the service provider. The customer can prohibit the use and processing of his data for marketing purposes at any time. Such notice, specifying the customer’s mobile phone number, email address, address and account number, must be sent to the service provider in writing or by telephone. If the service provider offers services together with or via third parties to customers at home and/or abroad, it is entitled to disclose all known customer data. It should be noted that abroad the storage, processing and dissemination of personal data may be subject to different applicable laws. The service provider can provide customer information to authorities, courts, as well as companies entrusted with debt collection or credit information, if the handover is required to validate claims.

Phone and Internet abuse / records: The customer is obliged to comply with these Terms and any individual contractual arrangements and legal regulations when using services from the service provider and its contractors. In particular, the services may not be used for planning or fulfillment of criminal offenses. Resale is prohibited. The customer expressly agrees that, in order to ensure customer satisfaction and proper handling of customer complaints, telephone calls (incoming orders) may be recorded and the exchange of SMS (data connections) may be recorded in logbooks. Such records may only be used for customer complaints and in officially ordered proceedings. Improper disclosure to third parties is prohibited.

Content: The Service Provider is not responsible for any content or any part thereof or any other aspects of the service which could affect your taste or your feelings.

§ 16 – Prohibition of Offsets

The customer has no right to offset claims for damages with open and overdue invoices to the service provider or its contractors.

§ 17 – Default

Upon expiry of the payment period, the service provider will charge interest at 5% p.a. on amounts owed without any reminder being needed (Art. 104 OR). Without objection from the customer, an invoice is deemed accepted 10 days after delivery. If the customer is in default of payment, the service provider may prevent access to all its services and to all services of its contractors and/or withdraw from the contract without notice.

§ 18 – Loss of Services

The service provider and its contractors operate the services offered with the utmost care, reliability and availability. Unless specifically agreed otherwise in individual contracts, any kind of warranty is excluded as far as legally possible. In particular, the service provider and its contractors cannot ensure that the services are accessible without interruption, that the desired connections can be made at any time or that stored data is available under all circumstances.

Altendorf, March 2022