Trepup Terms of Service

These Trepup Terms of Service govern your access to and use of the Trepup website, operated by Trepup.com AG and/or its affiliates ("Trepup", "we", "us"). Trepup offers website features and other services when you visit our website, use Trepup services, or engage with transactions such as buying, getting, licensing, renting, or subscribing to software provided by Trepup in connection with any of the foregoing.

These Terms of Service constitute the core agreement between you, the user, and Trepup, defining the conditions under which you access and use our services and platform. Herein, "you", "your", or "user" identifies any individual engaging with Trepup's wide array of offerings. We are dedicated to embracing the diversity and dynamism of language, thereby these Terms of Service are formulated with a sensitivity to both singular and plural contexts, and are executed with a clear focus on gender-neutral language. This deliberate approach ensures that our services are accessible and respectful to all, underpinning the interpretation of terminology throughout these Terms of Service with a steadfast commitment to broad inclusivity.

Trepup is an e-commerce website that connects users by allowing them to interact in various ways, including online buying and selling of products and services.

All transactions for products and services offered by users are concluded directly between the users outside the website. Trepup only facilitates the listing and viewing of products and services offered by users and connects users.

By accessing or using Trepup, you agree to be bound by these Terms of Service and our other policies made available on Trepup, including but not limited to the Privacy Notice and other policies (collectively, the "Policies"). Please read these Terms of Service and the Policies before accessing or using Trepup. If you do not agree to these Terms of Service or any of the Policies, then do not use or access the website. These Terms of Service should be read in conjunction with the Policies.

By accepting these Terms of Service, you confirm you have the capacity to enter into a legally binding contract as per applicable law in your jurisdiction, including but not limited to, the Swiss Civil Code, the Swiss Code of Obligations, and the Swiss Federal Data Protection Act.

Trepup is designed to be compliant with the laws of Switzerland. If you access the website from locations outside Switzerland, you are solely liable for compliance with applicable local laws.

You understand that some products and services may be offered from outside the country you reside in. You agree and acknowledge you are responsible for complying with all laws and regulations applicable to the purchase of such products and services.

If we believe you are in violation of any of the Policies, or if your use conflicts with applicable laws, adversely impacts our reputation, or might subject us to unfavorable legal or regulatory action in any way, we may limit your website privileges, restrict product and service listings or account features, suspend your account, report your actions to the relevant authorities, or take such other actions as we may find suitable. You will also be liable to indemnify us for any consequences arising from your use. We reserve the right to take recourse to all available remedies under applicable law in furtherance of the above.

If there is any conflict or inconsistency between these Terms of Service and any of the Policies, the Policies take precedence over these Terms of Service only in relation to the provision in question.

You may delete your account and discontinue your use of Trepup at any time in accordance with these Terms of Service. Similarly, we have the right to withdraw the website, in whole or in part, at any time without assigning any reason whatsoever.

In the event of any dispute between users for an alleged breach of the Policies, you are requested to contact us. We will review such complaints and take appropriate action as we deem fit in our sole discretion. In certain circumstances, users may seek contact details of other users on Trepup from us. We will review such requests and provide the relevant information if, in our sole judgment, we are required to do so under the Policies and law.

Trepup Account and license to use

To use Trepup, you are required to create a Trepup Account by completing the sign-up process. A Trepup Account enables you to use the website.

When you create a Trepup Account, a User Standard Identification Number ("USIN" or "Account ID") is assigned by Trepup to identify you on Trepup. Your Account ID is a unique block of thirteen letters and/or numbers that identifies you and other users.

You may create a Trepup Account only if you are at least 13 years old (or the equivalent minimum age to have the capacity to enter into a legally binding contract as per applicable law in your jurisdiction) when you create an account. Trepup does not sell products and services for purchase by children. If you do not have the legal capacity to enter into a legally binding contract as per applicable law, you may use Trepup only with the involvement of a parent or guardian. If you use Trepup and do not meet the above criteria, we will not be liable in any way, either to you or to your parents or guardians, for any of your acts or omissions.

You shall be solely responsible for the confidentiality of your user credentials to Trepup, including your username and password. Each Account ID is unique to each Trepup Account.

We shall be entitled to presume that any person who signs in to Trepup with your user credentials is you.

We may cancel Trepup Accounts that have been inactive for a long time, exhibit suspicious behavior, or are otherwise unconfirmed.

Subject to your compliance with these Terms of Service and the Policies, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access Trepup.

User's responsibilities

Trepup is to be used only for its intended purpose in a bona fide way and is not to be misused in any manner, including fraudulent transactions, impersonation, or any such illegal activity.

User content

You represent, warrant, and agree that the user content you submit, upload, post, share, or display on Trepup shall not be

• false, inaccurate, incomplete, unfair, misleading, or deceptive.
• grossly harmful, defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, blasphemous, sexually explicit, pornographic, pedophilic, invasive of another's privacy, harmful to minors, racially or ethnically objectionable, disparaging, relating, or encouraging money laundering, gambling, or otherwise unlawful in any manner whatsoever.
• discriminatory or promoting discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

None of your user content shall

• violate these Terms of Service or any of the Policies, as amended from time to time.
• violate any applicable laws and regulations (including without limitation those governing export control, consumer protection, unfair competition, or false advertising) or promote any activities that may violate any applicable laws.
• contain any link directly or indirectly to any other websites, which includes any content that may violate these Terms of Service or any of the Policies.
• consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, pyramid schemes, or any form of spam and unsolicited or irrelevant commercial electronic messages.
• belong to another person or contain content to which you do not have any right.
• infringe any intellectual property rights of any third party.
• mislead about the origin of any user content, including by the use of a false email address or impersonating any person or entity, or otherwise.
• impose an unreasonable or disproportionately large load on the Trepup infrastructure.

We reserve the right (but not the obligation) to remove, modify, reject, or edit user content in accordance with the User Content policy, but we may not regularly review any user content. We reserve the right in our sole discretion to remove, modify, or reject any user content that you submit, post, or display on Trepup, which we believe is unlawful, violates these Terms of Service, could subject us or Trepup affiliates to liability, or is found inappropriate in Trepup's sole discretion.

Use of Trepup

You represent, warrant, and agree that you will

• access and use Trepup in compliance with all applicable laws and the Policies.
• conduct your business transactions with other users on Trepup in good faith.

You agree, represent, and warrant that you will not

• use Trepup to defraud any person or entity (such as by listing stolen or pirated items or using stolen credit and debit cards).
• impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity.
• attempt to circumvent the regular operation of Trepup or reduce the fees or consideration that we may derive from the website by any means, including redirecting traffic or following other fraudulent or deceptive practices.
• reproduce, duplicate, copy, sell, visit, distribute, use, or otherwise exploit Trepup (including its proprietary content, directories, databases, product listings, and service offerings) for any commercial purposes, except as in accordance with the Policies.
• facilitate or encourage any violation of these Terms of Service or the Policies, including the Privacy Notice.
• engage in any activities that would otherwise create any liability for us or our affiliates.
• be, and are not, and your directors, officers, controlling parties, affiliates are not persons or entities that are subject to any economic or fraud sanctions of any governmental, international, or regulatory entities in any of the legal jurisdictions in which any of the foregoing persons or entities are organized or have operations.
• do anything that threatens the unity, integrity, defense, security, or sovereignty of the jurisdiction whose laws you are subject to, friendly relations with foreign states, public order, or causes incitement to the commission of any cognizable offense, prevents investigation of any offense or is insulting to any other nations.

Information protection and integrity

You acknowledge and agree that the protection and integrity of user content and Trepup systems and networks is paramount to the functioning of Trepup.

You agree, represent, and warrant that you will not

• collect user information through automated means, including, but not limited to, bots, robots, spiders, and scrapers without our prior written permission.
• directly or indirectly solicit the account information of other users or access or try to access any Trepup Account that does not belong to you.
• engage in spamming or phishing activities on Trepup.
• introduce any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting, or expropriating any hardware or software system, data, or personal information.
• undertake any actions to undermine the integrity of the data, systems, or networks used by us in Trepup and/or any user of Trepup or gain unauthorized access to such data, systems, or networks.
• probe, scan, or test the vulnerability of the website or any network connected to Trepup or breach the security or authentication measures on the website, or any network connected to the website.

Contacting you

By creating a Trepup Account, you provide us your consent to contact you using your Trepup Account email, your phone number, and any other contact information, such as your social media account that you have linked with your Trepup Account, for the following reasons:

• Notify you of information regarding your Trepup Account.
• Troubleshoot problems with your Trepup Account.
• Resolve a dispute.
• Collect a debt.
• Poll your opinions through surveys or questionnaires.
• Service your Trepup Account or enforce these Terms of Service, the Policies, applicable law, or any other agreement we may have with you.
• Notify you of various offers and promotions or related marketing communications.
• Notify you for any of our other business purposes.

If Trepup provides you with information about another user, you agree you will use the information only for the purposes that it is provided to you. You may not disclose, sell, rent, or distribute a user's information to a third party. Additionally, you may not use user information for marketing purposes, via electronic or other means.

Intellectual property

The name "Trepup" and all corresponding marks, logos, designs, trade dress, and trademarks that we use in connection with the website are our intellectual property and can only be used in accordance with the Brand Guidelines.

All intellectual property on Trepup, including the graphics, images, logos, trademarks, the appearance, organization, and layout of the website, and the underlying software code, as well as in the proprietary material and information made available by Trepup, belongs to us.

You grant to Trepup and its users a royalty-free, non-exclusive, irrevocable, perpetual, sublicensable, assignable, unrestricted, worldwide right and license to use, store, display, reproduce, save, modify, create derivative works, and distribute your user content for all our business purposes, including for the purposes of operating, developing, providing, and using Trepup. Such a license will not be deemed to lapse pursuant to any applicable law by reason of Trepup and/or any users not using such user content for any period. Nothing in these Terms of Service shall otherwise restrict any other rights that Trepup may have with respect to user content. You authorize us to use automated tools to translate your user content and member-to-member communications, in whole or in part, into local languages where such translation solutions are available. We may provide you with tools that will enable you to translate user content at your request. The accuracy and availability of any translation are not guaranteed by Trepup.

You represent and warrant that you have all rights to provide the user content on Trepup and that such user content does not and will not violate any third-party rights, including any intellectual property rights and privacy rights.

Subject to the license granted to us in the user content in accordance with these Terms of Service, the user content that you provide to us for display as a product or service listing shall always remain your property. However, the manner in which it is displayed and the compilation of your user content with those of third-party provided or sourced content, any and all logos, graphics, text, icons, images, audio clips, digital downloads, data compilations, software, and all derivative works created using any of the user content shall be deemed and shall remain the property of Trepup or its users who have uploaded such materials and will be subject to protection under applicable laws.

You must not copy, modify, alter, decompile, reverse engineer, publish, broadcast, distribute, sell or transfer (whether in whole or in part) any material, information, or content that is not your property, except as expressly permitted in these Terms of Service.

If you believe any user content infringes your intellectual property rights, you may notify us in accordance with the IP Rights policy.

Indemnity

You agree to indemnify and hold harmless Trepup and its affiliates, officers, directors, employees, and agents, from and against any claims, disputes, demands, proceedings, suits, liabilities, damages, losses, costs, taxes, and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, proceedings, or suits brought by third parties), in any way related to your access to or use of Trepup, your user content and products or services, your breach of any of these Terms of Service, the Privacy Notice or the Policies, or any dispute in relation to a transaction involving a product or service listed on Trepup to which you are a party.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with us in asserting any available defenses.

Availability of the website

Access to Trepup may be suspended or restricted or certain features may be unavailable to allow for scheduled maintenance, repairs, or upgrading the website at any time without prior notice. We do not warrant that the

• website will be constantly available or available at all. We shall have no liability to you for any interruption or delay in access to the website, irrespective of the cause.
• information on Trepup is complete, true, accurate, or non-misleading.
• website is secure or free of viruses, trojans, or other malware.
• user content of Trepup does not infringe any intellectual property rights.

We reserve the right to modify the website, our technology, and the basis on which products and services are listed from time to time. This may vary the results that you derive by using Trepup.

Disclaimer and limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TREPUP IS PROVIDED "AS IS" AND "AS AVAILABLE", AND TREPUP HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED.

TREPUP MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS, TIMELINESS, APPLICABILITY, OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE WEBSITE. FURTHER, TREPUP DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE, AND/OR USE OF PRODUCTS AND SERVICES OFFERED OR DISPLAYED ON THE WEBSITE DOES NOT VIOLATE ANY THIRD-PARTY RIGHTS. TREPUP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE WEBSITE.

Trepup takes no responsibility and assumes no liability for any user content. User content that you or any other user or third party post or transmit using the website is for general information purposes only and does not constitute any advice or opinion. You understand and agree that you may be exposed to user content that is erroneous, offensive, unsuitable for children, or otherwise unsuited to your purpose.

Any material downloaded or otherwise obtained through the website is done at each user's sole discretion and risk, and each user is solely responsible for any damage to its own or to Trepup's computer systems or any loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any user on the website, or through or from the website shall create any warranty not expressly stated herein.

Any guidance we provide with respect to products or services is solely informational, and you may decide to follow it or not. We have no control over and do not guarantee the existence, quality, safety, or legality of items advertised; the truth or accuracy of products or services; the ability of users to sell items; the ability of users to pay for items; or that any transaction will be completed.

Under no circumstances shall Trepup be held liable for any delay, failure, or disruption of the content accessed or delivered through Trepup resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including without limitation, internet failures, computer, telecommunications, or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

You also agree that in the case of your failure to maintain the security of your Trepup Account, we shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate your Trepup Account without liability to you.

Notwithstanding any of the foregoing provisions, the aggregate liability of Trepup, its employees, agents, affiliates, representatives, or anyone acting on its behalf with respect to each user for all claims arising from the use of the website during any calendar year shall not exceed one hundred Swiss Francs (CHF 100).

The limitations and exclusions of liability to you under these Terms of Service shall apply to the maximum extent permitted by law and shall apply whether or not Trepup has been advised of or should have been aware of the possibility of any such losses arising and whether or not any claims have a contractual or non-contractual basis, provided that nothing in this Agreement is intended to exclude or limit Trepup's statutory liability towards any person using Trepup for personal, non-commercial purposes for gross negligence, intentional misconduct, personal injury, or direct damages resulting from the breach of an essential obligation on which a person could reasonably rely.

Information and Privacy Notice

We reserve the right to store and retain all information provided by you. Any personal information you supply to us when you use Trepup will be used in accordance with the Privacy Notice.

Third-Party Links

Trepup may include hyperlinks to various external websites, applications, content, or resources, and may also feature advertisements (collectively, “Third-Party Links”). We have no control over such Third-Party Links present on the website, which are provided by individuals or organizations other than us. You acknowledge and agree that we are not responsible for any collection or disclosure of your information by external websites, applications, individuals, or organizations thereof. Third-Party Links on Trepup are not a recommendation, endorsement, or solicitation of any material or content present on such Third-Party Links, or any other material on or available through such Third-Party Links.

You further acknowledge and agree that we are not liable for any loss or damage which may be incurred by you because of the collection and/or disclosure of your information through such Third-Party Links or because of any reliance placed by you on the completeness, accuracy, or existence of any advertising, products, or services, or other materials on, or available through, such Third-Party Links. This will include all transactions and information transmitted on such Third-Party Links between you and any third-party websites, applications, or resources. All transactions undertaken by you on the Third-Party Links are strictly bipartite. We shall not be liable for any disputes arising from or in connection with such transactions between you and such third parties.

Such third-party websites and external applications or resources accessible using Third-Party Links may have their own privacy policies governing the collection, storage, retention, and disclosure of your information that you may be subject to. We recommend that you exercise reasonable diligence, as you would in traditional offline channels, and practice judgment and common sense before committing to any transaction or exchange of information, including but not limited to reviewing the third-party website or application's privacy policy.

You may have the option of integrating Trepup with other third-party services or technologies on your desktop, permitted websites, and/or your mobile phone. We may offer you widgets that, among other things, have countdowns to various launches. These integrations may require you to input personal information or access or use personal information. The integrations may

• check for updates automatically and transmit your information to their server and/or search engine.
• send information entered or accessed by the technology to its server and/or search engine.
• be visible to the public if embedded on publicly available web pages (such as social networking web pages), depending upon the policies of that website.

You acknowledge and agree that we are not responsible for any such third-party services or technologies and the collection or disclosure of your information by external websites, applications, individuals, or organizations thereof. You also agree that the integration of any third-party services or technologies is subject to your compliance with the IP Rights policy.