TERMS AND CONDITIONS

By using this service, you agree to and are bound by the following terms and conditions of VAS Tools AG (hereinafter "Service Provider").

Service provider:

VAS Tools SA
Grosswiesenstrasse 167
CH-8051 Zürich
Switzerland

RH No.: CHE-314.759.127
VAT No.: CHE-314.759.127-MWST
Web: en.vastools.com

Customer Service:

Email: [email protected]
Hotline: +35227860622

Contact:

The Service Provider maintains a customer service under the above telephone number and email address, Monday – Friday from 9 a.m. to 5 p.m. for inquiries and complaints.

§ 1 – Products of the service provider

1) The Service Provider offers products for Internet, print media, telephone services, SMS / MMS / WAP services and related services for mobile phones and other mobile devices. The provision of all services on the basis of these general terms and conditions ("Conditions").

2) The services can be used by all customers who are in possession of a mobile phone, the technical point meets the requirements of the desired service, and the customer of a mobile network operator or service provider are that approximately as specified by the service provider services can be used.

§ 2 – Conclusion and termination of contracts

1) If the customer requests a particular service by SMS, via the Internet or mobile Internet, this request does not constitute an offer to conclude a contract between the service provider and the customer regarding the use of the relevant service at the current price. The service provider may accept this offer either by sending or providing the requested service, or if registration is required for the service, by confirming registration by SMS, Internet or mobile Internet.

2) Detailed information on termination of contracts can be found under § 13 of these Terms and Conditions.

§ 3 – Benefits of the service provider

For 1) The service provider reserves the right at any time to change services in whole or in part, together, complete and/or extend.

2) If it is clear from the respective service offer or § 8 otherwise, the obligation for the service provider is exclusively in the provision and it is – if the service in question is at the destination and suitable – the sending of the requested service to the customer.

3) If the service provider offers third-party content (see § 8), there is an obligation on the part of the service provider to transmit the relevant content upon receipt to the customer in accordance with the respective service.

4) Regardless of whether a service is said to be free and is discharged as such free of charge, a service to the end user may be subject to so-called call transport costs, which are the costs incurred by the GPRS mobile network operator. The valid call price of the relevant service at the time is found in each of the applications and content information of the service.

§ 4 – Service Provider Subscription Service

For the versions offered by the service provider, § 3, the rules set out below must survive:

1) Each pass may only be used by customers as specifically explained in this context, mobile network operator or service provider. Each subscription only includes the goods listed in the description of the subscription content type (e.g., videos, photos (images), text content, ringtones, mobile games, etc.).

2) The appointment of a subscription by sending the assigned subscription keywords by SMS and an additional amount by sending a confirmation SMS ("Handshake") or by einwilligendes pressing a WAP confirmation button ("START VIEW") on the speed dial indicated by the service provider for this purpose or by selecting and ordering via the Internet following the instructions on how to proceed. Is for a subscription expressly indicated a maturity and no automatic renewal provided, the subscription ends with the end of the specified period. In all other cases, the subscription is renewed after the initial subscription period for a period of the same duration, unless the customer has terminated the subscription before. In the case of such a subscription renewal, the customer's subscription fee is to be paid again.

3) Cancellation of a subscription at the end of the subscription period at any time, without the need for a notice period is observed. For further details on termination are given in § 13 of these Terms and Conditions.

4) A transfer of non-subscription credit to the next ABO period or a refund of the balance or subscription in the event of cancellation is not possible.

5) The customer has the option at any time to request information about his current active subscriptions. This is done by sending an SMS with the text "VIEW" to a subscription assigned to the speed dial number.

6) to provide customers with the desired subscription also in the case of higher costs, e.g., for production or transmission to continue to provide, the Provider reserves the right to

Change before the content or price. In some cases, it may come to settle the subscription. About this case, the customer is informed by the service provider.

§ 5 – Services provided by third parties

1) In addition to its own services, the service provider offers services for third parties. If the customer makes such a request for services, a contract between the customer and the third party is concluded. When necessary in the context of mediation by the service provider and the service provided by a third party, the provision of the service may be subject to the customer having previously given their consent to the disclosure of their mobile phone number to this third party.

2) For this connection provided by your service provider switching power apply certain provisions of these Conditions.

§ 6 – commercial advertising, SMS and MMS

By using the service provided by the service provider, the customer is granted a free and unlimited revocable right to send advertising messages, offers and information of all kinds to their mobile phone and to them via SMS and MMS, via direct mail, which is to send advertising messages, offers and information of all kinds by post, email, and any other means (so-called explicit OPT-IN). The perpetual and unrestricted sending of SMS and MMS and the perpetual and unlimited sending of advertising, promotions, and all kinds of information by post, email, and any other means will be deemed explicitly approved by the customer, however, it may be terminated by email or a phone call to the service provider at any time (OPT-OUT). This article does not constitute spam advertising.

The customer expressly agrees that the contractual partners working in connection with the provider's website, who are also subject to data protection provisions and regulations, have access to certain personal data (information relating to usage data, contact details such as mobile number, name, e-mail address, postal address) of the participant and that the provider and its contractual partners record, collect, process and transmit to third parties his data; the customer agrees that the participant's usage data may be analyzed anonymously for statistical purposes; the customer agrees that his personal data will be managed within the framework of data protection regulations and regulations of the mobile phone companies or if he expressly authorizes this.

§ 7 – Rights and obligations of the customer

1) For the use of certain services, customer registration with the service provider is required. If the service in question will be settled via the mobile phone bill, registration is done by sending the measures provided for by the service order codes via SMS or by clicking on a predefined mobile internet link provided by the service provider for the one used by the customer's mobile network.

2) The customer is obliged to take appropriate action against misuse of their landline, internet, and mobile phone services by third parties. In the event of loss of the mobile phone due to theft or if they are left for as long as the customer is responsible for the loss of their mobile phone, the telephone company will not be liable for any claims made against them, such as loss of the mobile phone. The customer is obliged to inform the service provider of their current data, such as name, address data, and corresponding changes, by email, mail, or fax. The customer is responsible for the use of their connection and the use of passwords and codes in all cases. This also applies to the use of paid services and any use or misuse of their communication facilities by third parties. The customer will keep all contract data, such as PINs and other codes and passwords, secret, and in particular, undertakes to store the data securely and make them available to everyone. The customer is in disregard of this policy for any resulting damages must be held liable.

3) If the service provider collects data from the customer in the contracts, the customer must honestly indicate this. The next changes to this data must be made by the service provider voluntarily and without delay.

4) For most services, it is sufficient that the customer's mobile phone number is made known to the service provider. To the extent necessary for a particular service beyond the customer's data and information, this product cannot be claimed, if the customer has informed the service provider that data.

5) If the Customer is a password will be communicated in the context of the use of the Services, the Customer is obliged to keep this password confidential. A transfer of the password to third parties is not permitted. If the Customer becomes aware of the fact that a third party has become aware of the password, he is obliged to immediately repair the providers by telephone, email or in writing (see contact customer service information at the beginning of these Conditions) to contact them and cause a blocking of the password. For causing the blocking by the Customer is responsible for the costs of their use of the password costs (in particular for the recovery of the service), unless the knowledge acquired regarding the password is the responsibility of the service provider.

6) All services offered by your service providers are protected by copyright, trademarks and other intellectual property rights. The customer is therefore only entitled to use the services, even for private purposes in the intended use. A transfer of services to third parties is prohibited to the customer. Any other use is only permitted to the extent expressly approved by the service provider or the relevant partner companies.

7) In the event of a breach by the Customer of these terms and conditions, the Customer undertakes to indemnify and reimburse the Service Provider for all damages caused by such breach. The Customer undertakes to indemnify and reimburse the Service Provider for all third-party claims caused by its conduct and all resulting damages.

8) The Customer pays the applicable fees of its mobile network operator or service provider for the search for services and their transmission (in particular for services that are used by the Customer via a mobile Internet connection or an Internet connection).

§ 8 – Customer protection at the service provider level

1) The customer also undertakes to transfer illegal content, including any content of the following nature, in particular:

– Violence (article 135 of the Criminal Code.) – Incitement to violence (article 259 of the Criminal Code.) – Racial discrimination (article 261 bis of the Criminal Code.) – Illegal gambling within the meaning of the Casino Law or the Lottery Law

– Offering pornographic services iSv Art. 197 para. 3 and 3 bis of the Criminal Code (so-called hard pornography / excrement pornography).

Any content that infringes the rights of third parties is prohibited. The Customer is prohibited from spamming. The Customer also agrees not to transmit this data that is inappropriate for your service provider or third-party triggers (e.g., Trojan horses, viruses).

2) Once the Service Provider becomes aware that the Customer is transferring prohibited content under the above terms, the Service Provider, as well as acting on behalf of the Third Party Service Provider, has the right to order the immediate removal or blocking of such content and to take measures to redirect this content to prevent it. In such a case, the Service Provider also has the right to cancel all existing contracts with the Customer without prior notice. Upon request from a law enforcement authority in connection with a criminal investigation against a Customer, the Service Provider shall inform the Customer's mobile phone number to the extent permitted by law of the competent authority.

3) The service provider collects and processes the customer's personal data only to the extent necessary for the completion and implementation of the agreement concluded with the customer. This is why, for most services, it is necessary to register the customer's mobile phone number in order to provide the customer with the product itself. For some products, specifications and other data necessary for their use may be stored.

4) For some services, it is necessary that third-party content and services are sent directly to the customer or the customer can access the content directly through third-party services. To make this possible, the customer's mobile phone number is transmitted to the third-party service provider.

5) Outside of the provision of services, the personal data of customers will not be shared with third parties, unless the customer has not done so and has given his explicit and/or implicit consent. The customer expresses the request for services to the service provider must be interested in receiving information about other services. The customer always has the option to revoke his consent to receive information regarding the services of the service provider. This can be the customer by telephone, by email or in writing (see contact information customer service at the beginning of these Conditions) to do with the indication of the customer's mobile phone number and revocation.

6) The service provider draws the customer's attention to the fact that the disclosure of own or third-party personal data of customers (name, mobile phone number, SMS chat) is not permitted under data protection law to other customers in the context of communication services (e.g.

§ 9 – Customer Content (see also § 7, paragraph 1)

1) If the customer provides their own content as part of a service that should also be accessible to third parties due to the nature of the service, such as in the context of an SMS chat or other "social media" and/or interactive services, the customer grants the service providers the right to publish or distribute such content in a form corresponding to the service in question. The customer must hand over to the service provider by introducing their own content and copy all rights to this content and agree to the service provider free of charge for its dissemination, transfer of commercial use, etc. These rights are valid and without time limit for the service provider worldwide.

2) It should be noted that the customer for the content that the customer is introduced into the space services provided and received, the service provider leaves the decision to when, how and to what extent the content to other customers provided or transmitted. If the service provider forwards the customer or a link from its website or elsewhere third-party content services, the above principles apply accordingly.

3) The service provider has the right products include third party content, at any time and without notice to modify in whole or in part.

§ 10 – Service fees

If the customer has signed a performance contract with their mobile network operator or access provider, the fees resulting from the use of the services will be charged to the customer's wireless bill. Customers with so-called "prepaid" credit cards will be charged the payment for the services recovered each time they are used by the customer due and immediately from prepaid credit. The same applies to payment methods provided by third parties (e.g., mobile operators).

§ 11 – Warranty for services

1) The service provider is always committed to a high quality standard. If the service provider is defective, the customer is entitled to statutory warranty rights. If a service proves to be defective, the customer must immediately notify the service provider, stating their mobile number, the date the service was ordered, and the respective delivery date. The customer can do this by telephone, email, or in writing (see the contact information for customer service at the beginning of these Terms).

2) The service provider is committed to providing the highest possible relevance and functionality of its products. To achieve this, regular inspections and maintenance work are necessary, which may temporarily affect the availability of some or all services. The use of third-party content and services may also lead to temporary transmission problems. The service provider always strives to keep downtimes as short as possible in the interest of the customer. The customer accepts any adverse effects attributable to this in a taxable proportion.

§ 12 – Liability

1) The service provider is only liable for simple negligence in breaching a material obligation in the performance of the contract by the service provider, its employees, representatives or agents. In this case, the service provider's liability for damages is limited to direct and foreseeable damage. Atypical damages or indirect damages do not occur.

2) The service provider does not operate its own mobile network. For this reason, third-party services (e.g., the customer's mobile network operator or service provider) are required to use the services. If you experience technical difficulties with these third parties, it may lead to transmission failures or temporary suspension of the services or part thereof. Then the service provider's control. The service provider expressly states that it cannot ensure the reception of SMS messages from the customer or a service on the customer's technical mobile phone.

3) The service provider is not responsible if transmitted by customers in the intended space products contain harmful content data (e.g. viruses).

4) Whoever publishes advertisements on websites or in magazines of the service provider or its subcontractors or responds to these advertisements is obliged to comply with the following laws and regulations:

– Data Protection Act (DPA) – Telecommunications Act (TCA) – Price Announcement Regulation (PBV) – Obligations (CO) – and the Criminal Code (CP).

Prohibited in particular:

– Violence (Article 135 of the Criminal Code.) – Incitement to violence (Article 259 of the Criminal Code.) – Racial discrimination (Article 261 bis of the Criminal Code.) – Illegal gambling within the meaning of the Casino Act or the Lottery Act – as defined Offering pornographic services Art. 197 para. 3 and 3 bis of the Criminal Code (so-called hard pornography / excrement pornography).

Such content may not be made available to adults who have requested illegal content on their own. It is strictly forbidden to publish photos, images, image sequences, illustrations, sketches, drawings, comics, animations, trailers, videos, video clips, teasers, texts, advertisements, posters, banners, links, text messages, MMS messages, and e-mail messages, attachments, as well as representations or texts that refer to sexual acts with children or animals, human excrement, or violence or this spectacle. Due to the restrictions imposed on the service provider by the Data Protection Act (DPA) and the Federal Constitution (BV), the service provider cannot accept liability for misuse by the service provider that advertises prohibited content in the service provider's publications. Should the service provider identify that illegal information is provided, it is entitled to exclude the offending customer from further use of its services without prior notice. If a service provider or advertiser is notified that they are offering or making available illegal content to consumers, the service provider has the right to file a criminal complaint and to be held liable for the abuse of any business relationship. Similarly, the service provider or advertiser may take action if they violate the provisions regarding compliance with the age of consent. Regardless of this, the guilty party must pay all legal and financial consequences and encourages the other parties to fully compensate them. The guilty party accepts any fines imposed on the other parties (penalties, fines, court costs, third-party claims, etc.).

5) The service provider and its subcontractors are obligated to provide the contractually guaranteed services to the customer. The guarantee is limited in accordance with the paragraphs below. The subscription warrants of private customers in relation to the face grant them the right to use specialized applications to comply with the conditions set by the service provider's Terms of Use according to the applicable license agreements, and these conditions. We accept no liability for the information and statements contained in the advertisements, neither by the service provider nor any of its partners. The advertisers and advertisers are independent, responsible persons and have no obligations. Neither the service provider nor its affiliates assume any guarantee for successful personal contact. It cannot be ruled out that some women live abroad and use a pseudonym for their own protection. It is also recommended that the service provider's customers use a pseudonym for their own protection.

5) Warning:

Use of the service is expressly at your own risk. There is no guarantee that the service or data received will meet your requirements. Furthermore, there is no liability for system interruptions or defects arising from use. The same applies to performance, security, accuracy, reliability, timeliness, and other issues.

§ 1 3 – Right of withdrawal / cancellation for users in Switzerland

To unsubscribe from this service when requesting SMS-based services can be done:

A) By sending an SMS with the text stop as well as in the service registration

given keyword, the number of targets on the service registration pages (example: STOP REASON at number).

B) by calling the hotline number specified in the service registration (09:00 – 17:00) on the service provider's login pages (see also Support / Contact Us on the service side).

C) By sending an email to the service provider's email address (see also Support / Contact Us on the service side).

D) By mail to the address of the service provider (contact details are at the beginning of these Conditions visible. See also Support / Contact Us on the service side).

You can unsubscribe from the service request using "Mobile Internet Billing" can take place:

A) Cancellation of the service can be done A) by exiting on the mobile site of the service (usually given as "manage ABO" on the desktop side)

B) The customer side of the network operator which manages the billing for this service.

C) In addition, cancellation is possible according to instructions b) to d) of the above paragraph "SMS-based services".

§ 14 – Intellectual Property / Copyright / Privacy Policy

1) The website, images, photographs, drawings, comics, image sequences, content, text, trailers, teasers, video clips, and other video sequences of the service provider and its subcontractors, referred to under the above web reference or under other labels, are protected worldwide, factually, and unlimitedly. All rights reserved. All intellectual property belongs irrevocably to the service provider or the licensor, who has authorized the service provider to use it. If a customer violates the rights of others in this context and the service provider is held liable accordingly, the customer must keep the service providers safe. Under these Terms, the download, storage, and play of the programs are permitted for their own use. Any other use, including the distribution of the content to third parties, is prohibited. Likewise, any commercial use of the content provided is prohibited. Violation of the above provisions entitles the service provider and its subcontractors to extraordinary termination of all connected customer contracts. The right to claim damages is reserved.

2) Any other use of protected works is subject to prior written approval by the service provider. This applies in particular to copying content to additional volumes, as well as the creation of systematic collections.

§ 15 – Data protection

1) The service provider must take all technically feasible and reasonable measures to protect the data stored in its own. Liability of the service provider and its contractors Should a third party succeed in using unlawful means to bring the service provider or contractor whose data is stored in its possession or to use this data, it is excluded. This same principle applies to the legal relationship between the service provider and its subcontractors.

2) data storage and retrieval

When registering customer data for the setup and management of their accounts. In addition, data from service providers and third-party vendors may be stored in the use of services provided by the customer.

Transfer of data to third parties:

The service provider uses customer data for the contractual and legal performance of the services offered, the maintenance of customer relations, and for the presentation of offers, advertising, and information. The customer agrees to the storage and use of their data by the service provider. The customer may prohibit the use and processing of their data for marketing purposes at any time. This notification must be sent to the service provider in writing or by telephone, specifying the customer's mobile phone number, email address, address, and account number. The service provider provides services with or through third parties to customers at home and/or abroad; it is entitled to disclose all known customer data. It should be noted that the storage, processing, and dissemination of personal data abroad, other than in Switzerland, may be subject to applicable laws. The service provider may disclose customer information to authorities, courts, and companies responsible for debt collection or credit information provided, if the transfer is to validate claims.

Phone and Internet Abuse / Documents:

The customer is obliged to comply with these Terms and Conditions, individual secondary contractual agreements and legal regulations when using the services of the service provider and its subcontractors. In particular, the services may not be used to plan or carry out criminal offenses. Resale is prohibited. The customer expressly agrees that, in order to ensure customer satisfaction and proper handling of customer complaints about the services provided, incoming telephone calls (orders) may be recorded and SMS exchanges (data connections) must be logged. These records may only be used for customer complaints and in officially commissioned procedures. Improper disclosure to third parties is prohibited.

Content:

The Service Provider is not responsible for any content or part thereof or other aspects of the Service that may affect your taste or feelings.

§ 16 – Prohibition of compensation

The customer is not entitled to accuse him of asserted claims for damages (activities) with open and overdue invoices to the service provider or its subcontractors.

§ 17 – By default

Upon expiry of this period, the service provider will charge interest at 5% per annum due without the need for a reminder (Art. 104 OR). Without objection from the customer, an invoice is valid for 10 days after delivery as expected. If the customer is in default of payment, the service provider may request access to all its services, and all services to notify its contractors and/or without notice to withdraw from the contract.

§ 18 – Loss of services

The service provider and its contractors operate the services offered with the utmost care, reliability and availability. Unless otherwise stipulated in individual contracts, any form of warranty is excluded – as far as legally possible. In particular, the service provider and its subcontractors cannot guarantee that the services are accessible without interruption, that the desired connections can be made at any time or that the stored data is available under all circumstances.

Zurich, January 1, 2019