Website Terms of Use
SATCOM INTERNATIONAL AG
Effective date: 28 October 2024
Overview
This Website is created by, owned, and operated by Satcom International AG and Our subsidiaries and affiliates (collectively, "SATCOM", "We", "Us", or "Our").
These Website Terms of Use govern your access to and use of SATCOM's loxy.cloud domain (hereinafter referred to as the "Website"), along with your use of the LOXY Mobile Applications — myLOXY, LOXY 4Drivers, LOXY 4Tracking, LOXY 4Worktime— and LOXY’s social media pages, as well as any other related services (collectively referred to as the "Services").
If You enter into a commercial relationship with SATCOM by purchasing Our products or services, the General Terms of Service, along with any associated Terms and Conditions specific to those products or services, will govern those transactions.
In the event of any conflict between these Terms of Use and the General Terms of Service, the latter will take precedence in relation to those services.
When purchasing services from SATCOM, key details such as pricing, delivery timelines, service-level agreements (SLAs), and intellectual property rights will be governed by Our General Terms of Service. Please refer to those terms before making any purchases, as they outline the full scope of our obligations and Your rights as a client.
By accessing or using the website, you acknowledge that you have read, understand, and agree to these Terms, and affirm that you are at least 18 years of age (or have reached the age of majority in the jurisdiction where you reside).
LANGUAGE AND TRANSLATIONS. FOR YOUR CONVENIENCE, SATCOM PROVIDES AUTOMATIC TRANSLATIONS OF THESE TERMS AND RELATED DOCUMENTS INTO MULTIPLE LANGUAGES. HOWEVER, YOU RECOGNIZE AND ACCEPT THAT, IN THE EVENT OF ANY DISCREPANCIES OR CONFLICTS, THE ENGLISH VERSION MUST BE RECOGNIZED AS THE LEGALLY BINDING AND AUTHORITATIVE LANGUAGE. ALL LEGAL INTERPRETATIONS AND OBLIGATIONS WILL BE BASED SOLELY ON THE ENGLISH VERSION.
Any person accessing or using this Website (a "User") acknowledges that by accessing and using this Website, they accept these Terms of Use.
Definitions
“Website Terms of Use”: A set of rules and conditions that govern access to and use of SATCOM’s website, including any mobile applications, social media pages, and associated services. These terms outline the rights, responsibilities, and obligations of users when interacting with the services and features provided by the website.
“Terms”: Refers to the General Terms of Service, which encompass the SaaS Terms and Conditions, HaaS Terms and Conditions, Data Processing Agreement (DPA), Non-Disclosure Agreement (NDA), Privacy Policy, these Website Terms of Use, and any other related agreements, policies, and conditions governing the use of our services.
“Specific Terms and Conditions” “Agreement”: Refers to the Software as a Service (SaaS) and Hardware as a Service (HaaS) agreements that you have entered into with Us.
“Services”: Refers to the product(s) and service(s) ordered by YOU from SATCOM under an Order Form that references the General Terms of Service, including all services detailed in the Order Form or relevant Documentation.
“You”: Refers to the entity—whether a company, sole trader, association, or individual—that enters into a contract or purchases services or goods provided by Us.
"We," "Us," or "Our": Refers to SATCOM INTERNATIONAL AG and any affiliated company, entity under our control, or branch within the SATCOM Group, acting as the service provider and party to these Terms, responsible for the delivery, maintenance, and support of the services outlined in the agreements.
“User” or “Users”: Refers to You, Your employees, consultants, or other authorized personnel who (a) are permitted by You to access and use the Services, and (b) have been provided with login credentials by You.
“Order Form”: Refers to any mutually agreed-upon documentation, such as invoices, purchase orders, or quotations, that outlines the Services and corresponding pricing, and is governed by the General Terms Services.
“Software Subscription”: Refers to the LOXY Platform, LOXY App, and any software We provide on a monthly or annual subscription basis, as outlined in the Order Form and governed by the Agreements signed with Us.
“Hardware Subscription”: Refers to any hardware provided to you under the General Terms of Services and Agreements through a Hardware as a Service (HaaS) subscription, including, but not limited to, LOXY Trackers, LOXY Smart Box, and any other hardware specified in the Order Form.
“Third-Party Offerings”: Refers to any third-party applications, services, software, or products that are integrated with or interact with the Services we provide.
“Your Materials”: Refers to any intellectual property, data, information, documents, or other materials that You provide to Us for the purpose of delivering the Services.
“Confidential Information”: Proprietary or confidential information shared by one Party with the other, either before or during the contractual relationship, in any form (written, verbal, or electronic), including but not limited to intellectual property, financial data, trade secrets, client lists, business strategies, and technical know-how. This does not include information that is publicly available, independently developed without reference to the disclosed information, or lawfully obtained from third parties without any confidentiality obligation.
“Data Protection Laws”: Refers to all applicable data protection and privacy regulations, including but not limited to Swiss and EU laws, the Swiss Federal Act on Data Protection (FADP), the EU General Data Protection Regulation (GDPR), and any other relevant data protection laws and regulations in effect.
“Intellectual Property Rights”: Refers to rights associated with patents, designs, copyrights, trademarks, trade secrets, domain names, or any other similar forms of intellectual property, whether registered or unregistered, including any pending applications or rights to apply for such protections.
“Personnel”: Refers to Our employees, consultants, service providers or third-party agents involved in delivering services as specified under the agreement.
“Data”: Refers to any information shared by You or on Your behalf with Us for the purpose of utilizing the Services.
Access to the Services
We reserve the right to suspend or restrict access to the Services, including the Website, at any time, whether partially or entirely. This may occur for reasons related to management, maintenance, repair, modification, updates to the Services, non-payment, or breach of the Terms. Additionally, We may, at Our sole discretion, temporarily or permanently shut down the Website, either in whole or in part.
Your rights and obligations regarding termination and any applicable refunds for Services are governed by Our General Terms of Service. Please refer to the General Terms of Service for complete information on the circumstances and procedures under which You or SATCOM may terminate services.
Website Acceptable Use Policy
By using Our Website or Services, You agree not to engage in any unlawful activity or any activity prohibited by these Terms. You also agree not to use the Website or Services in any manner that could harm, disrupt, or negatively impact the Website, Services, or SATCOM’s overall business operations.
Specifically, You agree not to use the Website or Services to:
Harass, abuse, threaten, or violate the legal rights of others;
Infringe on any of SATCOM’s intellectual property rights or those of any third party;
Upload or distribute malicious software, including viruses, that could damage the property of others;
Engage in fraudulent activities;
Participate in or create unlawful gambling, sweepstakes, or pyramid schemes;
Publish or share obscene, defamatory, or otherwise inappropriate content;
Promote violence, hate speech, or discrimination against any group;
Unlawfully collect or misuse the personal data of others.
Intellectual Property Rights
You acknowledges that the Services, including the content on this Website is subject to intellectual property rights and undertakes not to infringe such rights.
We hold the rights or appropriate licenses to use all content, including images, graphics, audio, video, animation files, and their graphical presentation across the Services. This includes all trademarks, logos, symbols, layout and structure, and all Brand aspects of the Services.
You are not permitted to modify, copy, sell, or otherwise use the text, images, and other information available on the Website, Social Media pages, apps, or any other part of the Services without Our prior written consent. However, You may share text from the Publications and Sections of the Website and Social Media pages digitally by linking directly to the specific content.
The use of trademarks, logos, or any materials across the Services, including the Website, myLOXY, Social Media pages, and LOXY apps, does not grant and should not be construed as granting You any express or implied license to use these trademarks, logos, or materials directly or indirectly.
For details on the intellectual property of LOXY AI services, please refer to the AI Specific Terms annexed to these Terms and Conditions.
Privacy Policy
We are committed to protecting Your privacy. While the use of this Website and other Services does not always involve the collection of personal data, certain areas may require it. For additional information on how We handle Your personal data, please refer to our Privacy Policy.
Our Privacy Policy outlines how We collect, process, share, and secure Your personal information. By using the Services, You acknowledge that You have read, understood, and agreed to Our Data Processing Agreement (DPA). The DPA is fully integrated into these Terms of Use and governs SATCOM’s processing of any personal data on Your behalf in accordance with applicable data protection laws. In the event of any conflict between these Terms and the DPA, the DPA shall prevail.
For specific information on LOXY AI services, please refer to the LOXY AI Product-Specific Terms.
Cookies
Our website uses cookies and tracking technologies to enhance Your browsing experience and personalize the services offered. For more detailed information on how We use these technologies, please refer to our Cookie Policy.
By using this website and its services, You consent to the use of cookies as described in the Cookie Policy. This policy is an integral part of these Terms of Use and is in compliance with privacy regulations, such as the GDPR and FADP.
Information
The information on this Website is provided to inform Users of Satcom International AG's activities and provide data on products and services, marketing, publications, brand, and other relevant information about its activity.
Responsibility and Limitation of Liability
You acknowledge and agree that: (A) We do not guarantee the accuracy, completeness, validity, or timeliness of any information provided by Us or third parties; and (B) We are not responsible for any content or materials posted by Us or third parties on the Website, Social Media, or Services. You agree to use Your own judgment, caution, and common sense when evaluating any methods, offers, or information provided by Us or third parties.
Furthermore, We shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including, without limitation, loss of data, financial loss, information, or physical damage arising from your use or inability to Use the Services. This includes, but is not limited to, errors, interruptions, technical failures, software bugs, delays, or any other issues affecting the availability or functionality of the Services.
In no event shall We — Our owners, directors, employees, partners, agents, suppliers, or affiliates — be liable for any loss of profits, data, use, goodwill, or other intangible losses resulting from: (i) your use of or inability to use our Services; (ii) the conduct or content of any third party on our Services; (iii) content obtained from our Services; or (iv) unauthorized access to or alteration of your transmissions or content. This limitation applies regardless of the legal theory, including but not limited to breach of warranty, contract, tort (such as negligence), or any other legal basis, even if We have been advised of the possibility of such damages and even if any remedy fails to achieve its essential purpose.
For complete details on indemnification and the limitations of SATCOM’s liability, please review Our General Terms of Service.
Acknowledgement of Risk
You acknowledge and agree that the Website, the LOXY IA and Social Media channels are provided solely for informational and communication purposes. Any content provided, including but not limited to legal, financial, or other professional information, is not intended as advice and does not establish any fiduciary or advisory relationship between You and Us. Your use of the Website, Social Media is entirely at your own risk. We expressly disclaim any responsibility or liability for the accuracy, completeness, or reliability of any advice, recommendations, or information provided through the Website, LOXY AI or Social Media channels. Furthermore, when You use Our Services, You agree to be bound by Our General Terms of Service, which govern all aspects of their use and limitations.
No Warranties
You expressly acknowledge and agree that Your use of the Website, LOXY AI, Social Media channels, and the Services is entirely at Your own risk. The Website, LOXY AI, Social Media channels, Services, and any content provided therein are offered on an "As Is" and "As Available" basis, without any warranties of any kind, whether express or implied. We expressly disclaim all warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that the Website, LOXY AI, Social Media channels, Services, or any content provided will meet Your requirements or be uninterrupted, secure, or error-free. Additionally, We make no representations or warranties regarding the accuracy, reliability, or completeness of any information obtained through the Website, LOXY AI, Social Media channels, or Services.
You agree that any loss or damage incurred from Your use of the Website, LOXY AI, Social Media channels, or Services, including but not limited to damage to Your computer system or loss of data, is solely Your responsibility. We will not be liable for any such damages or losses.
For more information, please see the General Terms of Service.
Links
The Services, including this Website, may contain links to services or websites operated by other entities. These external services and websites are not owned, operated, or controlled by Us. As such, We are not responsible for the content of these sites or any sites linked to or mentioned on them. The use of such links is entirely at the User's own risk.
Validity of these Terms
If any part or provision of these Terms and Conditions is unenforceable or contrary to applicable law, the remaining parts or conditions of these Terms and Conditions shall not be affected.
Force majeure events and assignment rights related to these Terms are governed by Our General Terms of Service.
Terms of Use update
We reserve the right to modify these Terms of Use and the conditions contained herein at any time, without prior notice.
Users are encouraged to periodically review the Terms of Use page for any updates or amendments.
Applicable law
These Terms of Use are subject to Swiss law. Any dispute arising from or relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Zurich, Switzerland.
The procedures for resolving disputes with SATCOM, including arbitration, are specified in our General Terms of Service.
If You have a dispute arising out of these Terms of Use, contact Us Here first and we’ll attempt to work with You to resolve the dispute.
Enquiries and suggestions
For any questions related to these Terms of Use, please contact us at: compliance@satcom-int.com or dpo@satcom-int.com
AI Specific Terms
Ownership and Usage of Input and Output
You are solely responsible for any text, images, or other content You provide as input ("Input") to our LOXY AI Products, as well as any content generated by LOXY AI ("Output"), including images or text. Before using or sharing any Input or Output, it is Your responsibility to ensure compliance with these Terms. You agree not to include any sensitive personal data in Your Input, including information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health data, or details concerning Your sexual life or orientation.
Between You and Us, and to the extent permitted by law and the agreement governing Your use of LOXY AI, You retain ownership of Your Input and Output. We do not host, store, or use Your Inputs and Outputs on Our platform, nor do We use them to train Our AI. Additionally, We do not use any memory service; this means that Your Inputs and Outputs will not be recorded or stored by Our LOXY AI system. You may use Your Output for any lawful purpose, provided You comply with these Terms and accept that You do so at Your own risk.
Disclaimer
The Output generated by Our LOXY AI Products is produced using artificial intelligence. We have not verified the accuracy of the Output, and it does not reflect Our views.
The Service is provided on an "as-is" and "as-available" basis. We make no guarantees that the Service will be uninterrupted, timely, secure, or error-free. We do not warrant the accuracy, completeness, or reliability of the Output and disclaim all liability for any use of the Output, including any errors or omissions. We strongly recommend seeking professional, independent advice before relying on the Output for any decisions.
Technology Partners
We use third-party service providers to deliver some of Our AI Products. By using these services, You acknowledge that any Input You provide, including personal data, may be shared with these third-party providers to enable the functionality of the Service. This includes sharing Input with providers such as OpenAI, LLC. Depending on Your location, the level of data protection may vary.
Please note that We do not share Your data with third-party providers for purposes other than enabling the Service's functionality, nor do We use Your data to enhance Our services. We do not have access to Your Inputs or Outputs, nor do We collect any data that could personally identify You.