Terms of Service
These Terms of Service (“Terms”) govern your use of the Pod of Books platform, website, and associated online services (collectively, the “Services”) offered by Swiss Graduate Education SARL (“Pod of Books,” “we,” “our,” or “us”). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, you must not access or use the Services.
1. Acceptance of Terms
By using or accessing the Services, you represent and warrant that:
1. You have read, understand, and agree to be bound by these Terms.
2. You are of legal age in your jurisdiction to form a binding contract.
3. If you use the Services on behalf of an entity, you have the authority to bind that entity to these Terms.
If you do not agree to these Terms, you may not use the Services.
2. Changes to Terms
We may revise these Terms at our sole discretion at any time. Any changes will become effective when posted on our website. If you continue to use the Services after changes are posted, you accept the revised Terms. If you do not agree to the updated Terms, you must discontinue your use of the Services.
3. Use of the Services
3.1 License to Use Services
Subject to your compliance with these Terms, Pod of Books grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for personal, educational, or commercial purposes as intended.
3.2 User Responsibility
You agree to:
1. Use the Services in compliance with all applicable laws, rules, and regulations.
2. Avoid using the Services for any purpose that infringes upon the intellectual property rights of others, including sharing or reproducing unauthorized or copyrighted materials without proper authorization.
3. Ensure that all content you generate or use is transformative and avoids plagiarism. Pod of Books is designed to facilitate the creation of original, meaningful, and innovative works. You must not pass off platform-generated content as your own if it replicates existing works without significant transformation.
4. Be solely responsible for the content you create, upload, share, or use through the Services.
3.3 Restrictions on Use
You agree not to:
- Copy, distribute, or disclose any part of the Services in any medium without prior written consent from Pod of Books.
- Use automated systems such as bots to access the Services without permission.
- Attempt to disrupt or interfere with the proper working of the Services.
- Circumvent or modify any security technology or software employed by Pod of Books.
4. User Accounts
4.1 Account Creation
To use certain features of the Services, you must create an account (“Account”). When creating an Account, you agree to:
1. Provide accurate, current, and complete information.
2. Keep your login credentials confidential and secure.
3. Notify us immediately of any unauthorized access or breach of your Account.
You are solely responsible for all activities that occur under your Account.
4.2 Termination of Account
Pod of Books reserves the right to terminate or suspend your Account at any time for violations of these Terms, without liability to you.
5. Ownership and Intellectual Property
5.1 Ownership of Services
All intellectual property rights in the Services, including but not limited to content, features, software, and trademarks, are owned by Pod of Books or its licensors.
5.2 Ownership of Generated Content
You own the rights to the content you create using the Services, including the right to use such content for commercial purposes. However, Pod of Books retains a non-exclusive, royalty-free, worldwide license to use the content for purposes such as improving the Services or showcasing user success stories (with your consent).
6. Privacy and Data Collection
Your use of the Services is subject to our Privacy Policy, which explains how we collect, use, and protect your personal information. By using the Services, you consent to our data practices as outlined in the Privacy Policy.
7. Children's Privacy
Our platform is not intended for children under 16. If we discover that we have collected personal information from a child without parental consent, we will delete it in accordance with applicable laws.
8. Prohibited Activities
You agree not to use the Services to:
1. Violate any applicable law or regulation.
2. Create content that is defamatory, harmful, obscene, or otherwise offensive.
3. Engage in fraudulent activities or impersonate others.
4. Distribute malware, spyware, or other malicious software.
9. Monitoring and Enforcement
We reserve the right to monitor and moderate user activity on the Services and to remove any content or terminate accounts that violate these Terms.
10. Disclaimers and Limitations of Liability
The Services are provided “as is” without warranties of any kind, express or implied. Pod of Books does not guarantee the accuracy, reliability, or availability of the Services.
To the fullest extent permitted by law, Pod of Books is not liable for any damages arising from your use of the Services.
11. Indemnification
You agree to indemnify and hold Pod of Books harmless from any claims, damages, or expenses arising from your use of the Services or breach of these Terms.
12. Dispute Resolution
12.1 Arbitration Requirement:
All disputes, controversies, or claims arising out of or relating to these Terms, including the formation, interpretation, breach, or termination thereof, shall be resolved exclusively through binding arbitration. Arbitration shall be conducted in accordance with the Swiss Rules of International Arbitration of the Swiss Chambers' Arbitration Institution (SCAI), as in effect at the time the arbitration is initiated.
12.2 Arbitration Venue and Language:
The seat of arbitration shall be Geneva, Switzerland, and the arbitration proceedings shall be conducted in English, unless otherwise agreed by the parties.
12.3 Exception for Consumer Rights:
If you are a consumer residing in the European Union, you may bring a claim before the courts of your country of residence, as permitted by applicable EU laws. In such cases, the provisions of this Section do not prevent you from exercising any mandatory rights under local law.
12.4 Exclusions from Arbitration:
Notwithstanding the foregoing, disputes relating to the following may, at the election of either party, be resolved in the courts of Geneva, Switzerland:
* Claims concerning the violation of intellectual property rights;
* Claims for injunctive or equitable relief; or
* Claims that, by applicable law, are not subject to arbitration.
12.5 Waiver of Class Actions and Collective Relief:
To the maximum extent permitted by law, all disputes shall be resolved on an individual basis, and you waive any right to bring or participate in any class, collective, or representative action.
13. Governing Law and Jurisdiction
13.1 Governing Law:
These Terms, and any disputes arising out of or relating to them, shall be governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of laws principles.
13.2 Jurisdiction for EU Users:
If you are a consumer residing in the European Union, you may also bring claims under the consumer protection laws of your country of residence. In such cases, disputes shall be governed by these Terms and the mandatory provisions of the applicable EU laws.
14. Dispute Resolution and Arbitration
14.1 Default Arbitration Venue:
All disputes arising out of or relating to these Terms, including any question regarding their existence, validity, or termination, shall be resolved by arbitration administered by the Swiss Chambers' Arbitration Institution (SCAI) in accordance with the Swiss Rules of International Arbitration. The seat of arbitration shall be Geneva, Switzerland, and the proceedings shall be conducted in English, unless otherwise agreed by the parties.
14.2 Consumer Rights Exception:
If you are a consumer based in the European Union, you may opt to bring claims in the courts of your country of residence or pursue other available mechanisms under EU law, including the use of national consumer arbitration services or the European Commission’s Online Dispute Resolution (ODR) platform, accessible at https://ec.europa.eu/consumers/odr.
14.3 Claims Excluded from Arbitration:
Claims related to intellectual property rights, misuse of the Services, or urgent equitable relief may be brought exclusively before the courts of Geneva, Switzerland.
14.4 Waiver of Class Actions:
To the extent permitted by law, all disputes shall be resolved on an individual basis. You waive any right to participate in class actions or other collective proceedings.
15. Contact Us
For any questions or concerns about this Privacy Policy or our data practices, please contact us at:Email: podofbooks@icloud.com
Mail: SGE Sarl, Rue Étienne-Dumont 1, 1204, Geneva
Effective 1.12.2024