These Terms of Use (the “Terms”) govern the access to, and use of, the CIAMO - Postures (Well-being) application (the “Application”) provided by Clara Om AG, Therwilerstrasse 61b, 4103 Bottmingen, Switzerland ("we" or "us"), for the limited purpose of use the application.
We grant to you a limited, non-exclusive, non-transferable, revocable license (without the right to sublicense) to use the Application solely for private use. You are not allowed (a) to make copies of the Application, (b) to decompile, reverse engineer or modify the Application, (c) to make the Application available for use by third parties or (d) to capture and publish any screen shots of the Application without our prior written consent. You warrant that your use of the Application and, where applicable, your provision of content does neither infringe any rights of third parties nor otherwise violate applicable law.
We alone (and our licensors, where applicable) own all right, title and interest, including any copyrights, trademarks, trade secrets, patents or other intellectual property rights, in and to the Application. These Terms does not transfer any right, title or interest in any intellectual property right to you. Subject only to the limited rights to use the Application as expressly provided herein, all right, title and interest in and to the Application, including all related intellectual property rights, will remain with and belong exclusively to us (or our licensors, where applicable).
We recognize the importance of the privacy of users and we are particularly committed to protecting the privacy of who visit or use our App.
Collection of Personal DataWe collect your personal data, such as your name, when you enter the Application and while you use it. Additionally, we may collect information about you when you correspond with us, for example, when you report issues, complete customer surveys, or provide feedback related to the Application.
Collection of Biometric DataIn addition to personal data, the Application collects biometric data, including facial recognition data, to provide personalized experiences. This data is used exclusively during the analysis process to generate a result (e.g., personalizing content or functions within the app). It is important to note that this data is never stored on our servers; it is processed in real-time and immediately deleted once the analysis is completed.
Use of DataThe use of both personal and biometric data is limited to the purposes specified in this policy, primarily to enhance and personalize the user experience within the application. We do not share this data with third parties, and it will not be used for any other purpose outside of what is described in this policy.
Data Retention and DeletionPersonal data, including biometric data such as facial recognition, is not retained after completing the analysis process. Once the result is generated, the biometric data is automatically deleted and is not stored on any server. We do not store or maintain biometric data on an ongoing basis, ensuring that no sensitive personal information persists.
Access and Control of Your DataYou can exercise your privacy rights over your data, including access, correction, or deletion, by contacting us at the email address provided below. We are committed to ensuring transparency in the use of your data and complying with all applicable privacy and data protection laws.
Contact UsIf you have any questions or concerns about this privacy policy or how we handle your personal data, please contact us at info@e-swissmar.com.
These Terms are applicable from the date of your registration to use the Application or your first use of the Application, whichever is earlier. Your rights with respect to the Application will terminate upon the initial commercial release by us of a generally available version of the Application.
We may terminate the provision of the Application at any time for any or no reason and revoke your rights to use the Application (and these Terms) at any time. You may at any time terminate your use of the Application by closing your account via the user interface, where this option is available, or by notifying us via email to info@e-swissmar.com.
Upon revocation of the Application and/or these Terms, any right and license granted to you under these Terms shall immediately terminate, and you shall immediately cease using the Application. Furthermore, you will no longer have access to your account. All your data may be irrevocably deleted at any time after termination. We may, in our sole reasonable discretion, make your data available to you to the extent it has not been deleted. We accept no liability for such deleted data.
The Application is provided "as is". We do not assume any warranty for the availability or proper functioning of the Application at all times. We disclaim any liability for damages or losses caused by the Application or by its use, direct or indirect, whether by contract, tort or otherwise, to the fullest extent permitted by applicable law.
You agree to indemnify us and hold us harmless from and against any damage, loss or any other costs that we may suffer or incur in case any third party should allege and assert damages or other claims against us based on your violation of these Terms.
We may modify these Terms at any time by notifying you of such changes. Your continued use of the Application after such notification will mean that you accept such changes.
These Terms are governed by Swiss law and the courts of the City of Basel , Switzerland, shall have exclusive jurisdiction on all disputes arising out of or in connection with these Terms.