These Terms and Conditions (T&C) govern the contractual relationship between noligy gmbh (hereinafter “noligy”) and its customers (hereinafter “Customer”) in connection with the use of the Leak Service.
Conflicting terms and conditions of the Customer shall not apply unless noligy has expressly agreed to them in writing.
2.1 noligy provides a paid service that monitors social media platforms and other online channels for potential copyright infringements relating to content provided by the Customer.
2.2 If infringements are identified, noligy supports the Customer in enforcing their rights, in particular by reporting and requesting removal of the infringing content from the relevant platforms.
2.3 noligy does not guarantee a specific outcome, in particular not the complete or permanent removal of all infringements on the internet.
3.1 The contract is concluded once the Customer books the service and noligy confirms the booking.
3.2 The Customer represents and warrants that they own the necessary rights to the content they submit.
4.1 The Customer shall provide noligy with all necessary information and documents required for the performance of the service.
4.2 The Customer guarantees that they are the sole rights holder or otherwise authorized to enforce the relevant rights.
4.3 The Customer is solely responsible for any false or incomplete information provided.
5.1 The Leak Service is subject to fees. Applicable prices are published on noligy’s website or set forth in the individual offer.
5.2 Payments are due in advance, unless otherwise agreed in writing.
5.3 In the event of default in payment, noligy reserves the right to suspend the service until full payment is received.
6.1 noligy shall only be liable for intent and gross negligence. For minor negligence, noligy shall only be liable in cases of breach of material contractual obligations, limited to the foreseeable damage typical for this type of contract.
6.2 Liability for loss of profit, indirect damages, or consequential damages is excluded.
6.3 noligy assumes no liability for the availability, responsiveness, or decisions of third parties (e.g. social media platforms).
7.1 noligy processes personal data exclusively in accordance with applicable data protection laws (in particular the Swiss Data Protection Act (DPA) and, where applicable, the GDPR).
7.2 Details are set out in noligy’s current Privacy Policy.
8.1 The contract term is determined by the agreed subscription or service period.
8.2 Either party may terminate the contract by giving 30 days’ notice before the end of the current contract period, unless otherwise agreed.
8.3 The right to immediate termination for good cause remains unaffected.
All rights to methods, software solutions, and databases developed or used by noligy in connection with the service remain exclusively with noligy.
10.1 Amendments or supplements to these T&C must be made in writing.
10.2 If any provision of these T&C is found to be invalid, the validity of the remaining provisions shall remain unaffected.
10.3 These T&C shall be governed exclusively by Swiss law, excluding its conflict of law rules and the UN Convention on Contracts for the International Sale of Goods (CISG).
10.4 The place of jurisdiction for all disputes shall be the registered office of noligy gmbh.