Terms of Use.


These terms of use (as amended from time to time, the "Terms") together with any supplemental rules and regulations, such as the Privacy Policy, govern your access to and use of the services available on the mobile application and website (collectively, the "App") operated by One.Thing.Less AG, with registered office in Freienbach SZ, Switzerland (Commercial registry number CHE-204.728.260; "OTL" or "we"). Your access to the App and use of our services is subject to your acceptance of and compliance with these Terms. By accessing the App or using our services you agree to accept and be bound by the current version of these Terms. In case you do not agree to any part of the current version of these Terms, you are not authorized to continue using the App or related services.


1.

Our App strives to empower you to gain control over the use of your personal data and to capture its value by using our R.E.ACT framework:

  1. Request: Our App enables you to request information from third parties regarding the processing of your personal data.
     
  2. Evaluate: The personal data provided by different sources upon your request will be integrated and presented to you in a structured manner for your evaluation.
     
  3. Act: Based upon your evaluation you can act and determine who may – or may not – process your personal data.

2.

Our App provides you with the personal data and other information provided by you and the personal data received in answers from third parties upon your request initiated through the App (collectively, the "Personal Data"). We operate platform services for our users that are entitled by law and/or driven by their own motivation to manage the use of their Personal Data. To learn more about how OTL protects your privacy, please see our Privacy Policy. The Personal Data is for your own personal use and OTL makes no representation or warranty as to its accuracy or completeness or that a company will respond to the request made on your behalf.


3.

The form, nature and functionalities of the App may change from time to time without prior notice to you. Also, we may discontinue temporarily or permanently operating the App or any features within the App towards you or towards users generally at any time and may not be able to provide you with prior notice. We also retain the right to create limits on the use of storage at our sole discretion at any time without prior notice to you.


4.

We reserve the right at all times (but we will not have an obligation) to remove or refuse to compile any Personal Data and to terminate users. If and to the extent we deem it necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigations of a potential violation thereof, (iii) detect, prevent or otherwise address fraud, security or technical issues, or (iv) protect the rights, property or safety of OTL, its users or the public, we reserve the right to access, read, preserve and disclose any related Personal Data. Accounts that are inactive for more than twelve months may be removed without prior notice.


5.

You are responsible for safeguarding the password you use to access your account and for any actions taken by using your password. OTL requires you to use 'strong' passwords (i.e., passwords combining upper and lower case letters, numbers and symbols) and set a minimum of 8 characters for a valid password. Any liability for any damage arising from your failure to comply with these requirements is excluded. In case you forget your password, please use the “forgot your password” feature on the login screen as OTL can never see your password. In case you would like to use a different email address, please log-out of the App and register with the new email address as our user authorization process requires an email account verification.


6.

There are limitations on the use of the App. These limitations comply with legal requirements and aim to protect our users from abuse and to make the use of the App the best possible experience for all users. We may need to change these rules from time to time and reserve the right to do so. No abuse of our App will be tolerated. Any violation of these rules may lead to a temporary or permanent suspension or deletion of your account.

  1. Unlawful Use: You shall not use the App or any Personal Data provided for any unlawful purposes or in furtherance of any illegal activities. International users are required to comply with all applicable local laws regarding online conduct and acceptable content.
     
  2. Unauthorized Access: You shall not do any of the following while accessing or using the App: (i) access, tamper with or use non-public areas of the App (except for your own account), OTL computer systems or the technical delivery systems of our providers; (ii) probe, scan or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) attempt to access or search the App or any Personal Data by any means (automated or otherwise) other than through our currently available, published interfaces; or (iv) interfere with or disrupt, or attempt to do so, the access of any user, host or network.
     
  3. No Misuse: You confirm that you have a business, customer or other pre-existing relationship with the companies you request information from or towards which you exercise any other individual data protection rights under the GDPR, or that you have reason to believe that a company has or could have your Personal Data.
     
  4. No Spamming: You may not use our App to request information from or exercise any other individual data protection rights under the GDPR towards companies with which you have no pre-existing relationship or of which you have no reason to believe that they may have your Personal Data.
     
  5. No Reproduction: You shall not reproduce, duplicate, copy, sell, trade or resell the App content or its design and look or any information derived from the App. You are not entitled to modify or redistribute the App content or its design and look or any information or to reproduce, store, link, frame or deep-link it on any other App or in any other medium or format without our prior express consent. Further, you shall not use the App for commercial exploitation in any circumstances.
     
  6. No Malicious Software and Content: You shall not provide any malicious content intended to damage or disrupt another user's browser or computer or to compromise any user's privacy.
     
  7. Respect for Privacy of Third Parties: You shall not disclose other people's personal data without their prior expressed consent.

7.

All copyright, trademark, design, database right, patent and other intellectual property right, title and interest in and to the App will remain the exclusive property of OTL and its licensors. The elements of the App, including without limitation the general design and the imagery are protected by copyright, trademark, design, database right, patent and other laws relating to intellectual property rights of both Switzerland and/or foreign countries. Absent our prior written consent, nothing in these Terms gives you a right to use the OTL name or any of OTL's trademarks, logos, domain names or other distinctive brand features. You are not entitled to use the content of the App for commercial exploitation in any circumstances. In case you breach the terms of this provision, OTL will have the right to claim damages against you which shall include the right to claim direct, indirect or consequential damages and loss of profits.


8.

While we endeavour to ensure the accuracy and security of the Personal Data controlled or processed by us, to the maximum extent permissible under applicable laws neither OTL nor any of its directors, officers, employees, agents, partners, affiliates and licensors may be held responsible for any acts or omissions related to, or errors in, the Personal Data or for any loss or damages which may subsequently arise.


9.

Any Personal Data transmitted via the App will pass over public telecommunications networks. While OTL undertakes reasonable best efforts to protect the operation of the App and any transmission of Personal Data, OTL does not give any representation, warranty or undertaking that the operation of the App or any transmission of Personal Data will be secure, uninterrupted or error free.


10.

The App may contain links to third-party apps or websites or materials supplied by or contained on any third-party app or website which is linked from or to the App. OTL does not accept any responsibility or liability for

  1. the availability or accuracy of such apps, websites or materials or
     
  2. the content, products or services on or available from such apps, websites or materials. Links to such apps, websites or materials do not imply any endorsement by OTL of such apps, websites or materials or the content, products or services available from such apps, websites or materials. You acknowledge sole responsibility for and assume all risks arising from your use of any such apps, websites or materials.

11.

OTL provides the content and functionalities of the App and any Personal Data in good faith, but your access to and use of the App is at your own risk. OTL operates the App on an 'as is' and 'as available' basis without representation or warranty of any kind, whether express or implied, including without limitation of merchantability, fitness for a particular purpose, availability on an uninterrupted, secure or error-free basis or non-infringement of any copyrights, trademarks, designs, database rights, patents or other intellectual property rights in the jurisdiction in which you access and/or use the App. OTL operates platform services and gives no representation, warranty or undertaking for advice or information, whether oral or written, obtained from OTL or the App, for the completeness, accuracy, timeliness, security or reliability of the App, or that the Personal Data is of satisfactory quality, up-to-date or free from viruses, trojans or other harmful or malicious programs. OTL will not be responsible or liable for any harm to your computer system, loss of data or other harm resulting from your access to or use of the App or for the deletion of, or the failure to store or to transmit, any data or Personal Data and other communications.


12.

OTL and its directors, officers, employees, agents, partners, affiliates and licensors shall in no way be responsible for any decisions you may make based on the use of the App or consequences of such decisions, even if communicated through the App or the use of other OTL services, or the Personal Data and shall, to the maximum extent permissible under applicable laws, not be liable for any losses or damages, whether direct, indirect, incidental, special, consequential or punitive, including without limitation loss of profits, data, use, goodwill or other intangible losses, resulting from

  1. your access to or use of, or inability to access or use, the App,
     
  2. the use of any Personal Data, and
     
  3. any unauthorized access, use or alteration of your transmissions of Data, in each case however they may arise and whether based on contract, tort or any other legal basis, whether or not foreseeable and irrespective of whether OTL has been informed in advance about the possibility of such damage. To the maximum extent permissible under applicable laws, you hereby waive any claim you may have or acquire against OTL or any of its directors, officers, employees, agents, partners, affiliates and licensors, and will indemnify and hold OTL and any of its directors, officers, employees, agents, partners, affiliates and licensors harmless from any claims, proceedings, costs, damages and losses arising out of or connection with your use of the App or the Personal Data.

13.

The failure of OTL to enforce any right or provision of these Terms shall not be deemed to be a waiver of such right or provision.


14.

These Terms, together with any supplemental rules and regulations, such as the Privacy Policy and the End User License Agreement with the Apple App Store and Google Play, respectively, constitute the entire and exclusive agreement between OTL and you regarding the use of the App, and shall supersede and replace any prior agreements between OTL and you regarding the use of the App. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms shall remain in full force and effect.


You are only allowed to access the App if you are entitled to enter into a binding contract with OTL and are not a person barred from accessing the App according to applicable law. You undertake to access the App solely in compliance with these Terms and all applicable rules and regulations. The App is not directed to any person to whom (by reason of such person's nationality, residence or otherwise) the publication or availability of the App is prohibited. Persons to whom such restrictions apply must not access the App. If you choose to access the App you are solely responsible for compliance with any applicable laws.

15.


These Terms and the use of the App shall in all respects be governed by substantive Swiss law. Any dispute arising out of or in connection with these Terms and/or the use of the App shall be subject to the exclusive jurisdiction of the ordinary courts in Zurich, canton of Zurich, Switzerland, and you consent to such jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

16.


We may revise these Terms from time to time. The most current version will be available on our App (https://www.onethingless.com, specifically on https://www.onethingless.com/terms-of-use). Revised Terms shall become effective from the date of publication on the App. By continuing to access the App after those revisions become effective, you agree to and accept to be bound by the revised Terms.

17.


Version: May 2018