Terms of use

Improper use of the Scewo Product you intend to use may pose a significant risk of injury to the user or third parties, ranging from minor physical injuries to death. We therefore ask you to carefully read these Terms of Use, in particular your safety obligations and the safety instructions relating to the Scewo Product, and to comply with them at all times. Please note that you may be liable to Scewo for damages if you breach your safety obligations (Section 3).

By agreeing to this document, you declare to Scewo AG, company number CHE-315.209.303 (“Scewo”), that you have read and understood the following Terms of Use in full and that you agree to them. Your consent may be given by an explicit declaration or implicitly through the use of a product manufactured by Scewo.

Scewo reserves the right to amend these Terms of Use as necessary. The amendments enter into force upon publication on the website, whereby you have the right to object to them within 10 days. In the event of an objection, the previous version of the Terms of Use will remain binding on you, with the exception of amended safety-related provisions, which will enter into force in all cases.

1.1 Permitted Use

Scewo grants you the following rights of use:

Scewo Product Software:
The non-exclusive, non-transferable, non-sublicensable right to use the latest version of the software supplied with the Scewo Product in accordance with these Terms of Use.

These rights of use are limited to the period during which you own and use the relevant Scewo Product.

Additional costs may apply for the use of the data connection. In this case, you will be informed in advance and may deactivate the use of the data connection.

1.2 Prohibited Use

The following actions are prohibited and will result in the termination of your rights of use:

Personal Use:
For safety reasons, the rights of use are granted to you personally. You undertake not to allow others to exercise your rights of use and to keep any login credentials confidential and not disclose them to third parties.

Reverse Engineering:
You undertake not to reverse engineer, decompile, disassemble, or otherwise attempt to determine the functioning of either the software or the Scewo Product, except where this is mandatorily permitted by law.

Breach of Safety Obligations:
If you breach the safety obligations set out in Section 2, your rights of use will terminate automatically.

1.3 Verification

Scewo reserves the right to verify whether the use is permitted and to take appropriate measures in the event of any violations.

You undertake to comply with Scewo’s safety obligations. The current safety obligations are available at the following link: https://www.scewo.com/en/security-obligations/

To the extent permitted by law, Scewo excludes all liability arising out of or in connection with the use of your Scewo Product, in particular for all types of indirect damages, consequential damages, or loss of profit.

In particular, Scewo also excludes any liability arising from violations of the provisions on permitted or prohibited use pursuant to Section 1 or the safety obligations pursuant to Section 2. Should Scewo suffer any direct or indirect damage in connection with such a violation by you, for example because third parties assert claims against Scewo, you are obliged to compensate Scewo for such damage and, at your own expense, defend and fully indemnify Scewo, its corporate bodies, employees, and agents against any corresponding claims and legal actions, including any costs of legal representation.

The Scewo Product is connected to the internet and continuously transmits various data about your use to Scewo. For more information about how Scewo processes data, please refer to the Privacy Policy, the latest version of which is available at the following link: https://scewo.ch/en/privacy-policy

2.1 Assignment of Rights or Obligations

You may not assign or otherwise transfer your rights and obligations under these Terms of Use, in whole or in part, to any third party without Scewo’s prior written consent.

2.2 Severability Clause

If any provision of these Terms of Use is or becomes invalid or unenforceable, or if these Terms of Use contain a gap, the validity or enforceability of the remaining provisions shall not be affected. The invalid or unenforceable provision, or the gap, shall be replaced by a valid provision that, from the parties’ perspective, comes as close as possible in economic terms to the purpose intended by the invalid or unenforceable provision.

These Terms of Use shall be governed by substantive Swiss law, excluding conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

The courts of Winterthur, Switzerland, shall have exclusive jurisdiction over any disputes arising out of or in connection with these Terms of Use. Scewo is also entitled to seek interim legal protection from courts in other jurisdictions in the event of an actual or threatened infringement of its rights.