Terms of Service & Privacy Policy (GDPR)

Art. 1 General 
Art. 2 Services provided by Artmotion AG 
Art. 3 Obligations of the Customer
Art. 4 Invoicing and payment terms 
Art. 5 Privacy policy 
Art. 6 Intellectual Property 
Art. 7. Software Licenses 
Art. 8 Liability
Art. 9 Term, contract duration and termination 
Art. 10 Applicable law and place of jurisdiction 

Art. 1 General 

The Terms of Service (TOS) apply without any restriction or reservation to all services offered by Artmotion AG to any customer (physical person or cooperation). With the use of any of our services, the customer accepts all additional contractual agreements which will apply additionally with the TOS. In case of a conflict or inconsistency between different agreements, the contractual agreement made within this TOS will apply.  Artmotion AG reserves the right to change or update theses TOS at any time.

 

Art. 2 Services provided by Artmotion AG 

Services provided by Artmotion AG are listed on their website and/or the order form. 
Artmotion AG provides, unless stated otherwise, a minimum of 99,9% uninterrupted transit to the Internet measured over a period of one year. The availability of the network is based on the availability of the platform measured from European Internet Exchanges (Zurich, Frankfurt, Amsterdam, London). For every 60 minutes’ downtime above the guaranteed level, a full day fee (1/30 of the monthly fee of the affected platform fee, not more than 50% of the monthly fee and not including any additional service fees f.e. backup services, hour support, license fees, 3rd party costs etc., will be refunded, prior to client’s request (mail: billing@artmotion.ch within 31 days of such an event.) The payment compensates the client for any damages caused by the non-compliance of the agreed transit to the Internet. Any additional or further claims are excluded. 

To increase the efficiency and stability of the services, regular maintenance windows are planned. In this period of time, planned maintenance services on the systems of Artmotion AG and their suppliers are carried out. Planned maintenance time frames are not considered as downtime and are therefore considered as provided service time. 

Maintenance of the hardware is included (dedicated server, virtual server, cloud server or custom hardware order). Failing or malfunctioning hardware will be replaced free of charge. This does not apply for hardware purchased from any 3rd party supplier. 

Unless stated otherwise within a separate SLA document, Artmotion AG provides the client access to its support ticketing system.  The operation hours are from Monday – Friday 08.00 – 17.00 Swiss time and respond time is based on “best effort”. Artmotion AG does offer an optional SLA services with 120/60 Min respond time. 

 

Art. 3 Obligations of the Customer

The customer is responsible for maintaining its data on the server. The customer is given access details and the internet address (IP) to alter and update the data. 

Customers are obliged to keep the access details and any other relevant confidential information in a safe place and to take all necessary steps to ensure the security of such information so that it does not become known to any unauthorized person. Customers shall inform Artmotion AG immediately if they obtain knowledge that unauthorized third parties are aware of the password.  

Customers shall provide assurance that they do not enter any contents, which infringe legal regulations, third party personal rights and trademark rights or morality. Customers must in particular respect the privacy policy provisions (see art. 5).  

Distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems, pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing etc. including any sites which provide “links to” or “how to” information about such material is prohibited. The use of Peer to Peer or file sharing software to permit the sharing, copying or distribution of unauthorized copyrighted material on Artmotion AG’s service is prohibited. Any adult porn material on Artmotion AG’s network is forbidden. 

In the event of an infringement of the above conditions, Artmotion AG has the right to deactivate or terminate any account(s). Artmotion AG will usually provide a grace period of 72 hours allowing the customer to resolve the cause of the complaint. If Artmotion AG does not get a respond within the 72 hours, Artmotion AG has the right to deactivate or terminate the affected account.  

In case of an extreme infringement, Artmotion AG has the right to disable any service without notice. A extreme violation is considered as the identified account having a key impact on the Artmotion AG’s Network, an intentional behavior of a customer or multiple violations of the TOS.  
In the event of an infringement of the above conditions, customers are obliged to refrain from all further infringements, to possibly compensate Artmotion AG for the resultant or resulting loss and to indemnify and exempt Artmotion AG from third party claims for damages and the reimbursement of expenses caused by the infringement. The exemption obligation also extends to the obligation to fully exempt Artmotion AG from all legal defense costs (costs for courts, lawyers, etc.). This does not affect the right of Artmotion AG to take further measures, in particular to bar the contents and to issue an extraordinary notice of termination. 

Spam originating from an Artmotion AG account or associated with a Artmotion AG account is not tolerated. The customer shall not use their Artmotion services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process.  Sending out Mails to closed and specified group of users are allowed, if the quantity of 500 Mails per week is not exerted. The customer can contact Artmotion AG for getting a special permission if the limit of 500 mails per weeks should be exerted. For larger Mailing lists, a 3rd party company such as Mailchimp is recommended.  Using the Artmotion AG infrastructure as a mail-server is allowed, as long as it is not used for chain letters, junk mail, bulk-email etc.

 

Art. 4 Invoicing and payment terms

Prices are advertised by Artmotion AG on their website or within the order form are guaranteed for the duration of the contract period . Prices on the website or the order form do not include VAT of 8%. 

All services or accounts are set up on a prepay basis. If for any reason the payment does not arrive prior to the service start, Artmotion AG reserves the right to disable any services providing to the customer. All payment is in the currency chosen at the time of order. Customers accept that Artmotion AG will notify them at least one week before payment is due, notify of payment and issue an email if payment has failed. Invoices are dispatched by email. 

 

Art. 5 Privacy Policy

At Artmotion AG, the safeguarding of our customers' privacy and personal data is of utmost importance. We implement robust organizational and technical measures to safeguard personal data against unauthorized processing.

Artmotion AG is committed to using  personal data solely for the purposes outlined in our Privacy Policy / GDPR page.

As a Swiss company, we are governed by the Swiss Federal Act on Data Protection, ensuring the highest standards of data privacy. In cases where Artmotion AG collaborates with third-party affiliates, such as, but not limited to data center providers or email marketing partners, we share customer data strictly to the extent necessary for the service provision.

In rare instances where Artmotion AG is legally obligated under Swiss law, our interactions with authorities are handled within the framework of strict Swiss legal obligations. Such a case is addressed individually only, with a commitment to prioritizing our customers' privacy rights.

Physical access to our data centers is stringently controlled. Access is limited to authorized Artmotio AG staff and its affiliates, secured through multiple layers of authentication including biometric controls, access keys, monitoring, and other advanced security measures.

For enhanced security and customer privacy, Artmotion AG addresses inquiries solely through our proprietary ticketing system, featuring a stringent authentication process.

Art. 6 Intellectual Property

For the duration of the contract, the customer shall be granted a non-transferable right to use of the services and products. 

All rights to existing intellectual property or any such arising from the fulfillment of the contract with respect to services and products of Artmotion AG shall remain the property of Artmotion AG or entitled third parties. If the customer infringes on the intellectual property rights of third parties and if a claim is made against Artmotion AG as a result, the customer shall indemnify Artmotion AG.

 

Art. 7. Software Licenses

If explicitly stated on the order form, Artmotion AG provides the customer the stated licenses at the indicated cost. Artmotion AG will report the agreed license quantity to the licensing partner on behalf of the customer. The customer is required to update Artmotion AG on changes. The customer is also responsible that the license request made to Artmotion AG matches the policy and regulation of the particular licensing partner. Artmotion AG cannot be held responsible for any customer licensing issues.

 

Art. 8 Liability

Artmotion AG shall be only liable to the Customer for direct proven (by the customer) loss or damage caused by intentional intent or gross negligence by Artmotion AG. The liability for medium or ordinary negligence shall be limited to the amount paid to Artmotion AG for a period of 12 month, not exceeding CHF 150’000.00 per calendar year and client. Liability shall be expressly excluded for slight negligence and for indirect loss or damage or consequential damage. Consequential loss or damage includes, without limitation, lost profits, lost production, harm to reputation, and damages resulting from a loss of data. 

Any kind of liability for damages resulting from the abusive use of or unauthorized access to the infrastructure of Artmotion AG by third parties is excluded. This includes in particular, without limitation, any interference by means of using computer viruses or DDoS attacks, as well as any change by hackers. 

 

Art. 9 Term, contract duration and termination

A contract with Artmotion AG becomes effective on the date of signing by the customer, subject to internal approval by Artmotion AG. Artmotion AG has the right to reject any order without explanation within the first fourteen business days.  

With notification by Artmotion AG to get access to the agreed services, the contract period starts effectively. The date of this notification is relevant for counting any term of a contract.  

All contracts are subject to a minimum contract period stated during the signup process (See order form, website or contract). If not stated, contracts are concluded for the minimum period of three months. All contracts will extend for subsequent periods with the same length and fee conditions of the minimal period.  

Unless stated otherwise, the service can be terminated at the end of the minimum period or after any extension hereof giving a 30 days’ notice. All terminations must be done in writing by electronic mail, fax or letter. When terminating a service, the customer is not entitled to reimbursement of charges paid. For termination during the minimum period time or any extension hereof, Artmotion AG may charge the services fees until the end of the minimum period time or any extension herof.  

Artmotion AG is entitled to cancel all services and terminate the contract immediately without any compensation if the customer does not use the services in compliance with the law or with the contractually agreed terms.  

Within 60 days after the termination of the services, Artmotion AG will delete the content hosted on the agreed infrastructure. Artmotion AG does not accept any liability for any loss or damage incurred by the customer or third parties because of the deletion of such data. 


Art. 10 Applicable law and place of jurisdiction 

The contractual relationship is subject to Swiss law.  The terms of the Vienna Convention (United Nations Convention on Contracts for the International Sale of Goods, signed in Vienna on 11 April 1980) do not apply.   The place of jurisdiction is the domicile of Artmotion AG. 

to top