Archinisis Terms of Service

Definitions

"SaaS" means the hosted Archinisis web application and related online services provided on a subscription basis.
"Hardware" means any Archinisis sensors and related physical devices purchased by Customer.
"Subscription" means the paid time‑limited right to access and use the SaaS under these Terms.

Scope of Service

Archinisis grants Customer a limited, non‑exclusive, non‑transferable right to access and use the SaaS for internal business purposes during an active Subscription term.
Customer acquires ownership of the Hardware upon full payment; embedded software and SaaS remain licensed, not sold.

Accounts and Customer Obligations

Customer is responsible for all activity under its accounts and must ensure that its users comply with these Terms.
Customer must maintain accurate account, billing, and contact information and protect access credentials.

Acceptable Use
Customer must not:

Use the Service for unlawful, harmful, or infringing activities, or to process unlawful content.
Attempt to reverse engineer, decompile, or circumvent security or technical limitations of the Service.

Archinisis may suspend or restrict access for violations of this section, urgent security reasons, or non‑payment.

Subscriptions, Fees and Payment

SaaS is provided on a prepaid subscription basis (monthly or yearly), as specified in the order, price list, or online checkout.
Subscription fees are due in advance and are non‑refundable except where mandatory law provides otherwise or as expressly agreed in writing.
Hardware purchases are invoiced separately and shipped after full payment has been received.
Unless otherwise stated, prices exclude applicable taxes, duties, and bank or card charges, which are borne by Customer.
Subscription per sensor: Access to the SaaS is licensed on a per‑sensor basis. Each sensor used with the Service requires a separate active Subscription. For example, if Customer uses five sensors with the Service, Customer must maintain five corresponding Subscriptions, unless otherwise agreed in writing.
Use without active subscription: If a sensor is used with the Service without a corresponding active Subscription, Archinisis is entitled to invoice the applicable Subscription fee for that sensor retroactively. Billing is done by full calendar months per sensor; any use of a sensor within a calendar month (even for a single day) triggers the Subscription fee for the entire month.

Subscription Term, Renewal, Pause and Termination

The Subscription begins on the start date indicated in the order or at online checkout and runs for the agreed term (monthly or yearly).
Subscriptions may automatically renew for successive terms unless cancelled in accordance with the notice period communicated in the ordering process or account settings.
For monthly Subscriptions, Customer may pause the Subscription for up to 9 months within any rolling 12‑month period. During a pause, Customer will not be charged SaaS subscription fees, but existing data will be retained. No data and no processing will be accessible during the pause.
Either party may terminate the Subscription at the end of the current term by providing notice within the period stated in the ordering documentation or online account; Archinisis may terminate for material breach (including repeated non‑payment) if not cured within a reasonable cure period after notice.

Data Retention and Export

Archinisis stores Customer data generated or uploaded through the SaaS for the duration of an active Subscription and for any applicable pause period.
Upon termination or expiry, Archinisis may retain Customer data for a limited time for backup and legal purposes, after which the data will be deleted without notice; Customer is responsible for exporting its data before deletion using available export features or upon reasonable request during the retention period.

Hardware Delivery, Risk and Use

Hardware is shipped after receipt of full payment to the delivery address specified by Customer; indicative delivery times are not guaranteed and may vary depending on carrier and destination.
Risk of loss and damage to Hardware passes to Customer upon handover to the carrier; Customer is responsible for any transport insurance beyond the minimum coverage provided by the carrier.
Customer must use Hardware in accordance with the documentation, including specified environmental conditions, mounting instructions, charging guidelines, and cleaning procedures.
Archinisis is not responsible for failures or reduced performance caused by improper use, non‑approved accessories, or third‑party modifications.

Hardware Warranty

Archinisis warrants that Hardware will be free from material defects in materials and workmanship under normal use for a period of two (2) years from the delivery date ("Warranty Period"), subject to the exclusions below.
During the Warranty Period, Archinisis will, at its discretion and as Customer's exclusive remedy, repair or replace defective Hardware or refund the purchase price against return of the Hardware, provided that the defect is reported within a reasonable time after discovery and within the Warranty Period.

The warranty does not cover, and is void in case of:

Damage due to water, moisture, or other liquids beyond the stated IP or environmental rating.
Damage resulting from impacts, shocks, crush, misuse, neglect, improper storage, or use contrary to the documentation.
Damage from unauthorised repairs, opening of sealed enclosures, modifications, or use with non‑approved accessories or power supplies.
Normal wear and tear, cosmetic damage, or consumables (e.g. straps, mounts, batteries beyond normal capacity loss).

Statutory warranty rights, if and to the extent mandatorily applicable, remain reserved.

Service Levels and Support

Unless otherwise agreed in a separate service level agreement, the SaaS is provided on a commercially reasonable efforts basis without guaranteed uptime.
Archinisis may temporarily suspend the Service for maintenance, updates, or security interventions and will use reasonable efforts to schedule planned maintenance outside of peak hours and to inform Customer of significant interruptions.
Basic support (e.g., via email or ticket system) is included in the Subscription as described on the website or in the order; enhanced support tiers may be offered separately.

Cellular Connectivity

When using the sensors in live streaming mode over cellular networks (e.g., 4G), the availability, quality, and stability of the connection depend on third‑party network operators and local infrastructure that are outside the control of Archinisis.
Archinisis cannot be held liable for any unavailability, delay, degradation, interruption, or loss of live data caused by insufficient or unstable cellular coverage, roaming issues, throttling, or other network‑related problems.
Due to differing cellular network standards and frequency bands, Archinisis sensors are produced in distinct regional variants (for example, a version intended for use on the American continent and a version intended for use in other regions), and each variant is only certified and supported for live cellular operation in its designated region.
Customers who require live cellular operation in multiple world regions must acquire the appropriate regional sensor variants for each region; however, offline (non‑cellular) recording functionality of the sensors can be used globally regardless of the regional variant.

Intellectual Property

All intellectual property rights in and to the SaaS, documentation, algorithms, software, interfaces, designs, and related materials remain the exclusive property of Archinisis and/or its licensors.
Customer receives only the limited rights expressly granted in these Terms and may not copy, modify, translate, create derivative works, or sublicense the SaaS except as explicitly permitted.
Customer retains all ownership rights in its data. Customer grants Archinisis a non‑exclusive, worldwide, royalty‑free license to host, copy, process, and use Customer data solely for: (i) providing and supporting the Service, including monitoring, maintenance, and bug correction, and (ii) internal research and development to improve the Service. Archinisis will not sell Customer data or share it with other customers or unrelated third parties, and will not provide other customers with access to Customer data even in anonymised or aggregated form unless otherwise agreed in written form.
If Customer or its users provide any ideas, suggestions, requests, recommendations, or other feedback regarding the Service or related algorithms or visualisations ("Feedback"), Archinisis may freely use and incorporate such Feedback without restriction or obligation. Customer acknowledges that providing Feedback does not entitle Customer to any compensation, exclusive rights, or other claims of any kind to any resulting intellectual property or enhancements to the Service.

Data Protection and Security

Archinisis will implement appropriate technical and organisational measures to protect Customer personal data processed via the SaaS, taking into account the state of the art, implementation costs, and the nature, scope, and purposes of processing.
Where required by applicable data protection law (e.g. GDPR), the parties will enter into a separate data processing agreement that will form an integral part of these Terms.
Ensuring it has a valid legal basis to process personal data of athletes and staff in the Service.
Configuring access rights and data sharing settings appropriately and informing data subjects as required by law.
Customer is solely responsible for keeping its access credentials (such as usernames, passwords, API keys, and multi‑factor authentication methods) confidential and for ensuring that they are not shared with unauthorised persons. If Customer fails to protect its credentials or otherwise acts without appropriate diligence, Archinisis cannot be held liable for any resulting unauthorised access, misuse of the Service, or data breach in relation to that account, to the extent permitted by applicable law.

Third‑Party Services

The Service may depend on or integrate with third‑party services (e.g.,cloud hosting, payment providers, or communication tools). Archinisis is not responsible for the availability or performance of such third‑party services and shall not be liable for interruptions or issues caused by them.
Customer's use of third‑party services may be subject to the providers' own terms, which Customer must comply with

Disclaimers

The SaaS is provided "as is" and "as available" without any warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non‑infringement, to the maximum extent permitted by law.
Archinisis does not warrant that the Service will be uninterrupted, error‑free, secure, or that it will meet Customer's performance, outcome, or compliance requirements; the Service supports performance analysis but does not constitute medical advice, safety certification, or professional coaching.
No responsibility for injuries. The Service and Hardware are not safety equipment and do not prevent accidents or injuries. Customer is solely responsible for ensuring that athletes and users are appropriately protected when wearing sensors, including using suitable protective gear (for example, back protectors) and mounting the sensors in a safe manner. To the maximum extent permitted by law, Archinisis cannot be held liable for any injuries, health issues, or damages resulting from the use or misuse of the sensors, their positioning on the body or equipment, or the use of the web application.

Limitation of Liability

To the maximum extent permitted by applicable law, Archinisis shall not be liable for any indirect, incidental, consequential, punitive, or special damages, including loss of profits, revenue, data, business, or goodwill, arising out of or in connection with the Service or these Terms.
Archinisis' aggregate liability for all claims in connection with the Service or these Terms shall be limited to the total Subscription fees paid by Customer for the SaaS during the twelve (12) months preceding the event giving rise to the claim, plus the purchase price of the affected Hardware (if the claim relates directly to the Hardware), unless mandatory law requires a higher amount.
Nothing in these Terms limits liability for gross negligence, wilful misconduct, or other liability that cannot be excluded or limited under applicable law.

Changes to the Service and Terms

Archinisis may introduce new features, modify, or discontinue non‑essential features of the Service, provided that the core functionality of the subscribed plan is not materially reduced without reasonable alternative or notice.
Archinisis may amend these Terms from time to time. Material changes will be notified in advance (e.g., via email or in‑app notice). Continued use of the Service after the effective date of the updated Terms constitutes acceptance. If Customer does not agree, Customer may terminate the Subscription as of the effective date of the change, subject to any statutory rights.

Governing Law and Jurisdiction

Unless otherwise required by mandatory consumer law, these Terms and any non‑contractual obligations arising out of or in connection with them are governed by the substantive laws of Switzerland, excluding its conflict‑of‑law rules and the UN Convention on Contracts for the International Sale of Goods.
The courts at the registered office of Archinisis shall have exclusive jurisdiction for all disputes arising out of or in connection with these Terms or the Service, subject to any mandatory places of jurisdiction for consumers under applicable law.

Miscellaneous

If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force; the invalid provision will be replaced by a valid one that most closely reflects its economic intent.
Neither party may assign these Terms without the prior written consent of the other party, except Archinisis may assign to an affiliate or in connection with a merger, acquisition, or sale of business/assets.
Failure to enforce any right shall not be deemed a waiver of that right.
In case of conflict between these Terms and a separately signed written agreement between Archinisis and Customer, the written agreement prevails for the conflicting subject matter.