Terms and Conditions beforz.app

Terms and Conditions of beforz.com

Table of Contents: Scope · Owner · Eligibility & Minors · Content & Intellectual Property · License to Use the Applications · User Content & Community Conduct · Access to External Resources · Acceptable Use · Health & Safety (XR) · User Responsibilities · Sale of Digital Products, Event Tickets and Subscriptions · Security · Service Availability, Maintenance & Force Majeure · Suspension & Termination · Service Reselling · Privacy & Data Protection · Cookies · Confidentiality · AI Features · Liability & Indemnification · Common Provisions · Changes to these Terms · Assignment · Contacts · Severability · Governing Law · Venue of Jurisdiction · Mediation · Additional Applications · Definitions

These Terms govern

the use of this Website and the Applications (as defined below), and
any other related Agreement or legal relationship with the Owner

in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document. The User must read this document carefully.

This Website is provided by:

Beforz Sàrl, entered in the Geneva Commercial Registry (Registre du commerce de Genève) under company identification number (UID/IDE) CHE-221.245.347, having its registered office at Rue Rodolphe-Toepffer 8, 1206 Genève, Switzerland.

Owner contact email: privacy@beforz.com

What the User should know at a glance

Some provisions in these Terms apply only to certain categories of Users — in particular, some provisions apply only to Consumers, only to Business Users, or only to Users purchasing a Digital Product or Event Ticket. Such limitations are explicitly mentioned within each affected clause; in the absence of any such mention, clauses apply to all Users.

Scope of these Terms — Website and Applications

These Terms govern (i) the use of the website located at beforz.com (the “Website“), and (ii) the use of any software application published by the Owner and made available through the Apple App Store or any other distribution platform, including without limitation Immersive Street View, Immersive Video, Immersive Real Estate, Quantum Saber, and iFlam, together with any future application published by the Owner (each an “Application” and collectively the “Applications“). Unless the context requires otherwise, any reference to “Website” or “Service” in these Terms includes the Applications.

Where an Application is distributed through the Apple App Store, the Apple Media Services Terms and Conditions and, unless superseded by a specific end-user license agreement issued by the Owner, Apple’s Standard End User License Agreement (Schedule 2 to the Apple Developer Program License Agreement) apply in addition to these Terms. In the event of a direct conflict between these Terms and Apple’s Standard End User License Agreement regarding the scope of the license granted to use an Application, the Apple Standard End User License Agreement prevails solely with respect to that license grant; all other provisions of these Terms — including liability, indemnification, governing law and venue of jurisdiction — remain fully applicable between the User and the Owner. Apple Inc. is not a party to these Terms and has no obligation to provide maintenance or support for the Applications.

TERMS OF USE

Unless otherwise specified, the terms of use detailed in this section apply generally when using the Service. Single or additional conditions of use or access may apply in specific scenarios and are indicated within this document. By using the Service, Users confirm to meet the following requirements:

there are no restrictions for Users in terms of being Consumers or Business Users, subject to the age requirement below.

Minimum age and minors

The Service is not directed at children under the age of 13, and no User under the age of 16 may use the Service without the verifiable consent of a parent or legal guardian, in accordance with applicable law in the User’s country of residence. By using the Service, the User represents that they meet this age requirement or have obtained the consent required under applicable law. Purchases of any Digital Product or Event Ticket (see below) must be made by an adult, or by a minor using a payment method belonging to, and with the supervision of, a parent or legal guardian. The Owner does not knowingly collect Personal Data from children below the applicable age of digital consent and will delete such data without undue delay if it becomes aware of such collection. Parents or guardians may contact privacy@beforz.com to request deletion of a child’s data.

Content on this Website

Unless otherwise specified or clearly recognizable, all content available on the Service is owned or provided by the Owner or its licensors. The Owner undertakes its utmost effort to ensure that such content infringes no applicable legal provision or third-party right; where this is not achieved, Users are kindly asked to report related complaints using the contact details provided in this document.

The Owner holds and reserves all intellectual property rights in such content. Users may not copy, download, share (beyond the limits set out below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties, or create derivative works from content available on the Service, nor allow any third party to do so through the User or their device, even without the User’s knowledge. Where explicitly stated on the Service, the User may download, copy and/or share some content for personal, non-commercial use, provided that copyright attributions requested by the Owner are correctly implemented. Any applicable statutory limitation or exception to copyright remains unaffected.

All immersive content made available through the Service — including without limitation 360° panoramas, photogrammetry and 3D models, spatial maps, game assets, characters, audio and visual effects, and the “Beforz” name, logo and trademarks — constitutes copyrighted work and/or registered or unregistered trademarks and designs of the Owner or its licensors, protected under the Swiss Federal Act on Copyright and Related Rights (LDA), the Swiss Federal Act on the Protection of Trademarks and Indications of Source (LPM), and applicable international treaties.

License to use the Applications

Subject to the User’s compliance with these Terms, the Owner grants the User a personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to download, install and use the Applications on Apple Vision Pro devices owned or controlled by the User, solely for personal, non-commercial use or, for Business Users, internal business purposes only. This licence excludes any right to reproduce, decompile, reverse-engineer, resell, rent, lease, sublicense, distribute, or create derivative works based on the Applications, except to the extent such restriction is prohibited by mandatory law.

Intellectual property rights

Without prejudice to any more specific provision of these Terms, all intellectual property rights related to the Service — copyrights, trademark rights, patent rights and design rights — are the exclusive property of the Owner or its licensors and are protected under applicable laws and international treaties. All trademarks, trade names, service marks, illustrations, images and logos appearing in connection with the Service remain the exclusive property of the Owner or its licensors.

User Content and Community Conduct

Certain features of the Service (including “Share & Save Views” and multiplayer modes) allow Users to generate, upload, transmit or share content, including images, spatial recordings, avatars, usernames, scores, voice communications and messages (“User Content“). The User retains ownership of their User Content but grants the Owner a worldwide, non-exclusive, royalty-free, sublicensable licence to host, store, reproduce, display and distribute such User Content solely to operate, promote and improve the Service. The User represents that they hold all rights necessary to share their User Content and that it infringes no third-party right or applicable law.

When interacting with other Users, including in multiplayer mode, the User agrees not to: (i) harass, threaten, defame or abuse other Users; (ii) transmit unlawful, hateful, sexually explicit content involving minors (strictly prohibited in all circumstances and reported to the competent authorities), or otherwise illegal content; (iii) impersonate any person or entity; or (iv) cheat, exploit bugs, or use unauthorised third-party software to gain an advantage. The Owner may remove User Content and suspend or terminate access under the Suspension and Termination clause below, without prior notice in cases of manifest illegality or risk to other Users’ safety.

Access to external resources

Through the Service, Users may access external resources provided by third parties. Users acknowledge that the Owner has no control over such resources and is not responsible for their content or availability. Conditions applicable to third-party resources result from those third parties’ own terms or, absent those, applicable statutory law.

Acceptable use

The Service may only be used within the scope of what it is provided for, under these Terms and applicable law. Users are solely responsible for ensuring that their use of the Service violates no applicable law, regulation or third-party right. The Owner reserves the right to take appropriate measures to protect its legitimate interests — including denying access, terminating contracts, and reporting misconduct to competent authorities — whenever Users engage or are suspected of engaging in any of the following:

violating laws, regulations and/or these Terms;
infringing any third-party rights;
considerably impairing the Owner’s legitimate interests;
engaging in conduct that is threatening, abusive, or that a reasonable person would consider severely offensive or harmful toward the Owner or a third party.

Access restrictions arising from this clause are applied in accordance with the graduated process set out in the Suspension and Termination clause below.

Health and Safety Warning — Extended Reality Use

The Applications are designed for use with Apple Vision Pro and other extended reality (XR) hardware and involve immersive, spatial and, for Quantum Saber, physically active experiences. Before use, Users should read and follow all safety guidance provided by the hardware manufacturer. The Owner specifically warns that: (i) immersive use may cause motion sickness, dizziness, disorientation or eye strain in some individuals; (ii) a small percentage of users may experience seizures triggered by flashing lights or patterns, even without a prior history of epilepsy; (iii) immersive use reduces awareness of the User’s real physical surroundings, creating a risk of collision, falls or injury — the User must ensure a clear, safe physical space before starting any session, particularly Quantum Saber’s duel mode. Users experiencing discomfort must stop immediately. The Service is not intended for use while operating a vehicle or machinery. Parents and guardians should supervise use by minors. This warning supplements, and does not replace, safety instructions issued by the hardware manufacturer.

User Responsibilities

The User is solely responsible for: (i) obtaining and maintaining compatible hardware, software and internet connectivity necessary to use the Service; (ii) the security and confidentiality of any device, account or credentials used to access the Service; (iii) all activity occurring under the User’s account; and (iv) ensuring their use of the Service complies with applicable law in their place of residence or use. The Owner is not responsible for Service malfunction, data loss or degraded experience resulting from the User’s hardware, network conditions, or failure to install required updates.

Sale of Digital Products, Event Tickets and Subscriptions

This section applies whenever the Owner offers a Digital Product, Event Ticket, or paid Subscription for sale, whether through the Website directly or through an Application.

(a) Scope. “Digital Product” means any digital content, virtual item, in-app feature, or right of access sold by the Owner, including without limitation Event Tickets. “Event” means any conference, meet-up, demonstration, community gathering, or other event organised or co-organised by the Owner or a third party, to which the Owner sells or distributes tickets. “Event Ticket” means a right of admission to an Event.

(b) App Store purchases. Certain Applications or in-app features may be offered for a fee or on a subscription basis exclusively through the Apple App Store. Such purchases are billed and fulfilled by Apple Inc. as merchant of record under Apple’s own Media Services Terms and Conditions; pricing, billing, automatic renewal, cancellation and refunds for such purchases are governed by Apple’s policies and must be managed through the User’s Apple ID account. The Owner does not process payment card data for, and cannot independently refund, App Store purchases.

(c) Direct sales through the Website. Where the Owner sells a Digital Product or Event Ticket directly through the Website, the applicable price (inclusive of applicable VAT), currency, and any recurring billing terms are displayed before the User confirms an order, on a screen that labels the order button with unambiguous wording such as “order with obligation to pay” or equivalent, in accordance with Article 3 of the Swiss Price Indication Ordinance; failure to comply with this requirement renders the resulting contract void under Swiss law. A contract is formed when the Owner sends the User an order confirmation by email or equivalent electronic means. Payments are processed by third-party payment service providers; the Owner does not store full payment card details on its own systems.

(d) Event Tickets — no right of withdrawal. Event Tickets relate to a leisure activity taking place on a specific date or within a specific period. In accordance with Article 16(l) of EU Directive 2011/83/EU and the corresponding case law of the Court of Justice of the European Union (Eventim, C-96/21), European Consumers have no statutory right of withdrawal for Event Tickets, and Swiss law does not grant a general right of withdrawal for such purchases either. Refund and exchange requests for Event Tickets are governed exclusively by paragraph (f) below and, where applicable, by the specific policy of the Event stated at the time of purchase.

(e) Other Digital Products — right of withdrawal. For Digital Products other than Event Tickets that are not supplied on a tangible medium, European Consumers benefit from a fourteen (14) calendar day right of withdrawal from the date of order, unless the User has expressly requested immediate access to the Digital Product and acknowledged that doing so results in the loss of this right, in accordance with Article 16(m) of EU Directive 2011/83/EU. Where the User has not made such a request, delivery or access will not begin until the withdrawal period has elapsed or the User has expressly waived it.

(f) Event changes, cancellation and refunds. If an Event is postponed or relocated, the Event Ticket remains valid for the rescheduled date or new venue, or the Owner will offer a refund of the ticket price at its discretion. If an Event is cancelled by the Owner or the organiser, the Owner will refund the face value of the Event Ticket; the Owner is not responsible for ancillary costs incurred by the User in connection with the Event (such as travel or accommodation) unless required by mandatory law. Except as set out in this paragraph, Event Tickets and other Digital Products delivered or accessed are non-refundable, including in case of the User’s own non-attendance, subject to any non-excludable right under mandatory consumer law applicable to the User.

(g) Nature of the ticket; resale. An Event Ticket is a personal, revocable, non-transferable licence to attend the relevant Event, and does not constitute a negotiable security or investment. Unless the Owner expressly enables a resale or transfer feature, Event Tickets may not be resold, transferred for profit, or offered through unauthorised third-party resale platforms; the Owner may cancel tickets acquired in violation of this clause without refund. The Owner or the Event organiser may verify identity at entry, apply reasonable safety or security screening, and refuse admission to a User who fails such verification, appears to pose a safety risk, or presents a ticket obtained in breach of this clause.

(h) Organiser capacity. Where an Event is organised by a third party and the Owner acts solely as ticket distributor or intermediary, this will be indicated at the point of sale, and certain obligations under this section (in particular the Event’s own cancellation and access policy) may instead rest with that third-party organiser, without prejudice to the Owner’s own information duties as intermediary under applicable consumer law.

(i) Subscriptions and automatic renewal. Where the Owner offers a paid Subscription directly through the Website, it automatically renews for successive periods of the same duration unless cancelled at least the number of days specified at the time of purchase before the renewal date, through the User’s account settings, by a mechanism at least as simple as the one used to subscribe. The Owner will provide at least thirty (30) days’ prior notice of any price increase or material adverse change before it takes effect on an existing Subscription, and the User may cancel without penalty before such change enters into force.

(j) Taxes. Displayed prices for Digital Products and Event Tickets include Swiss VAT (currently 8.1% standard rate) where applicable to the transaction, or the value-added tax applicable in the European Union Member State of the Consumer’s residence where the Owner is required to charge such tax under the EU’s Non-Union One-Stop-Shop VAT scheme for digital services supplied to EU consumers.

(k) Fraud and chargebacks. The Owner may cancel or refuse to process any order reasonably suspected of fraud, and may suspend or terminate the account of a User who initiates a chargeback or payment reversal without a valid basis, without prejudice to the Owner’s right to recover amounts owed.

Security

The Owner implements appropriate technical and organisational measures to protect the Service and any Personal Data processed in connection with it against unauthorised access, alteration, disclosure or destruction, in line with Article 8 of the Swiss Federal Act on Data Protection and, where applicable, Article 32 GDPR. No method of transmission over the internet or electronic storage is completely secure, and the Owner cannot guarantee absolute security. Users must maintain the confidentiality of their account credentials and notify privacy@beforz.com without undue delay of any suspected unauthorised use of their account or any security vulnerability.

Service Availability, Maintenance and Force Majeure

The Owner uses commercially reasonable efforts to keep the Service available but does not guarantee uninterrupted, error-free or continuous availability. The Service may be suspended for scheduled or emergency maintenance, security patches, or updates, with notice where reasonably practicable. The Owner is not liable for unavailability caused by circumstances beyond its reasonable control, including acts of God, war, civil unrest, labour disputes, internet or telecommunications failures, third-party hosting or cloud provider outages, cyberattacks, or any act, omission, policy change, outage, or removal decision by Apple Inc. or any other distribution platform operator affecting the availability of an Application (“Force Majeure Event“). The Owner’s obligations are suspended for the duration of a Force Majeure Event.

Suspension and Termination

The Owner may suspend or terminate a User’s access to the Service, in whole or in part, with immediate effect and without prior notice where the User: (i) breaches these Terms, including the Acceptable Use or User Content and Community Conduct provisions; (ii) engages in conduct creating a risk of harm to the Owner, other Users, or third parties; or (iii) where required to comply with applicable law or a binding order of a competent authority. In all other cases, the Owner will endeavour to provide reasonable prior notice. The User may stop using the Service and delete their account at any time via privacy@beforz.com. Upon termination, the licence granted under these Terms ends immediately; provisions intended to survive termination by their nature (including Intellectual Property, Sale of Digital Products, Limitation of Liability, Indemnification, Governing Law and Venue of Jurisdiction) continue to apply.

Service reselling

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without the Owner’s express prior written permission, granted directly or through a legitimate reselling programme, without prejudice to the specific resale restriction applicable to Event Tickets above.

Privacy and Data Protection

The Owner processes Personal Data in accordance with the Swiss Federal Act on Data Protection (nLPD/FADP) and, to the extent the User is located in the European Union/European Economic Area or the processing otherwise falls within its scope under Article 3 GDPR, the General Data Protection Regulation (EU) 2016/679. Full details on the categories of Personal Data collected, the purposes of processing, retention periods, and the User’s rights (including access, rectification, erasure, restriction, objection, data portability, and the right to lodge a complaint with the Swiss Federal Data Protection and Information Commissioner (FDPIC) or, for European Consumers, their competent national supervisory authority) are set out in the Owner’s Privacy Policy, available at beforz.com/privacy-policy, which forms an integral part of these Terms. Where required under Article 27 GDPR, the Owner designates a representative in the European Union and publishes its contact details in the Privacy Policy. Personal Data transferred from the EU/EEA to Switzerland benefits from the European Commission’s adequacy decision of 15 January 2024; transfers to any other third country are carried out subject to appropriate safeguards as described in the Privacy Policy.

Cookies

The Website uses cookies and similar tracking technologies as described in the Owner’s Cookie Policy, available at beforz.com/cookie-policy. Where the User accesses the Website from Switzerland, cookies are used in accordance with Article 45c of the Swiss Telecommunications Act, on an opt-out basis except where processing is unexpected, high-risk, or involves sensitive data, in which case explicit consent is requested. Where the User accesses the Website from the European Union/European Economic Area or the United Kingdom, the Owner requests prior opt-in consent to non-essential cookies via the cookie banner presented on first visit. Users can withdraw consent or manage preferences at any time through the Website’s cookie settings or their browser settings.

Confidentiality

In the context of any business enquiry, partnership discussion, or provision of enterprise spatial-computing services, each party agrees to keep confidential any non-public business, technical or financial information disclosed by the other party and identified as confidential, or which should reasonably be understood as such, and not to disclose it to any third party or use it for any purpose other than the performance of the parties’ relationship, except as required by law or with the disclosing party’s prior written consent. This clause survives termination of the relationship between the parties for three (3) years.

Artificial Intelligence Features

Certain features of the Service (including search, content recommendation, and spatial recognition features) may rely on machine-learning or artificial intelligence models (“AI Features“). AI Features are provided as an assistive tool only; their output may be inaccurate, incomplete, or unsuitable for a given purpose, and must not be relied upon as professional, safety-critical, or legal advice. The Owner does not use AI Features to make decisions producing legal effects concerning the User, or similarly significantly affecting the User, without human review. Where an AI Feature processes Personal Data, such processing is described in the Privacy Policy. The Owner may use anonymised or aggregated Usage Data to train, evaluate or improve AI Features, but will not use identifiable User Content to train third-party general-purpose AI models without the User’s prior consent.

Liability and indemnification

Limitation of Liability

To the extent permitted by applicable law, and subject to the paragraph below, the Owner is not liable for any damages arising out of or in connection with the use of, or inability to use, the Service, regardless of the legal theory on which the claim is based.

In accordance with Article 100 of the Swiss Code of Obligations, nothing in these Terms excludes or limits the Owner’s liability for damages caused by unlawful intent (dol) or gross negligence (négligence grave), for death, bodily injury or damage to health, or for any liability that cannot be excluded under the Swiss Federal Act on Product Liability (LRFP) or other mandatory statutory provision. Outside these cases, the Owner’s liability for damages caused by slight or ordinary negligence is excluded to the fullest extent permitted under Swiss law, which governs these Terms save as set out below.

Higher protection for European Consumers. Where the User qualifies as a European Consumer and the mandatory consumer-protection law of their country of habitual residence provides a higher standard of protection than the above — including, where applicable, non-excludable liability for breach of an essential contractual obligation, or a cap limited to typical and foreseeable damages at the time the contract was entered into — such higher standard prevails over the preceding two paragraphs, to the extent and for the duration that such mandatory law applies to that User.

This clause is without prejudice to any non-excludable liability under the Australian Consumer Law or US state law provisions below, which continue to apply to Users located in those jurisdictions where relevant.

Australian Users

Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or similar State and Territory legislation and which cannot be excluded, restricted or modified. To the fullest extent permitted by law, the Owner’s liability for breach of a non-excludable right is limited, at the Owner’s discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.

US Users

Disclaimer of Warranties. The Service is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement. No advice or information obtained from the Owner or through the Service creates any warranty not expressly stated herein. The Owner does not warrant that the content is accurate, reliable or correct, that the Service will meet Users’ requirements, that it will be available uninterrupted or secure, or that it is free of viruses or other harmful components. Federal law, some states, and other jurisdictions do not allow the exclusion of certain implied warranties; the above exclusions may not apply to all Users, who may have other rights that vary by state.

Limitations of liability. To the maximum extent permitted by applicable law, in no event will the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for: any indirect, punitive, incidental, special, consequential or exemplary damages, including loss of profits, goodwill, use, or data, arising out of or relating to use of, or inability to use, the Service; any damage, loss or injury resulting from hacking, tampering or unauthorised access to the Service or a User account; any errors, mistakes, or inaccuracies of content; personal injury or property damage resulting from access to or use of the Service; any unauthorised access to the Owner’s secure servers or the personal information stored therein; any interruption or cessation of transmission to or from the Service; any bugs, viruses, or trojan horses transmitted through the Service; any errors or omissions in content, or any loss or damage incurred as a result of content posted, transmitted, or made available through the Service; and/or the defamatory, offensive, or illegal conduct of any User or third party. In no event will aggregate liability exceed the amount paid by the User to the Owner in the preceding 12 months, or the duration of the Agreement between the Owner and the User, whichever is shorter. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages; the above limitations may not apply to all Users.

Indemnification

The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims, demands, damages, obligations, losses, liabilities, costs, debt and expenses (including legal fees) arising from: the User’s use of and access to the Service, including data or content transmitted or received by the User; the User’s violation of these Terms, including any breach of the representations and warranties set out herein; the User’s violation of any third-party right, including privacy or intellectual property rights; the User’s violation of any statutory law, rule, or regulation; any content submitted from the User’s account, including through unauthorised third-party access, that is misleading, false, or inaccurate; or the User’s wilful misconduct — in each case to the extent allowed by applicable law.

Common provisions

No Waiver. The Owner’s failure to assert any right or provision under these Terms does not constitute a waiver of such right or provision, nor of any other term.

Changes to these Terms

The Owner reserves the right to amend these Terms at any time and will appropriately inform Users of such changes; changes affect the relationship with the User only for the future. Continued use of the Service signifies acceptance of the revised Terms; Users who do not wish to be bound must stop using the Service, which may entitle either party to terminate the Agreement. Where a change materially reduces the rights or increases the obligations of a User holding a paid Subscription, the Owner provides at least thirty (30) days’ prior notice before the change takes effect, and the User may terminate the Subscription without penalty before it does. The applicable previous version governs the relationship prior to acceptance and can be obtained from the Owner. If required by applicable law, the Owner will specify the date on which the modified Terms enter into force.

Assignment of contract

The Owner reserves the right to transfer, assign, novate, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account; provisions on Changes to these Terms apply accordingly. Users may not assign or transfer their rights or obligations under these Terms without the Owner’s written permission.

Contacts

All communications relating to the use of the Service must be sent using the contact details in this document.

Severability

Should any provision of these Terms be deemed invalid or unenforceable under applicable law, this does not affect the validity of the remaining provisions, which remain in full force and effect. Under Swiss law, a provision is severed only if the parties would still have entered into the Agreement without it (Article 20(2) of the Swiss Code of Obligations); otherwise the void, invalid or unenforceable provision is replaced by the applicable statutory provision, where permitted.

US Users. Any invalid or unenforceable provision is interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to their subject matter and supersede all prior communications and agreements on that subject matter, and are enforced to the fullest extent permitted by law.

EU Users. Should a provision be or be deemed void, invalid or unenforceable, the parties will do their best to find, amicably, an agreement on valid and enforceable provisions substituting the void, invalid or unenforceable parts; failing that, such provisions are replaced by the applicable statutory provisions, where permitted. The nullity, invalidity or unenforceability of a particular provision does not nullify the entire Agreement unless the severed provisions are essential to it, or of such importance that the parties would not have entered into the contract had they known the provision was invalid, or where the remaining provisions would create unacceptable hardship for a party.

Governing law

These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.

Exception for European Consumers. Regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards prevail.

Venue of jurisdiction

The exclusive competence to decide any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.

Exception for European Consumers. The above does not apply to any Users who qualify as European Consumers, nor to Consumers based in Switzerland, Norway or Iceland.

Amicable Resolution and Mediation

Before initiating court proceedings, the parties are encouraged to attempt to resolve any dispute arising out of or in connection with these Terms amicably by contacting the Owner at privacy@beforz.com. Either party may propose mediation administered by the Swiss Chambers’ Arbitration Institution under the Swiss Rules of Commercial Mediation, or any other mediation body mutually agreed in writing. Recourse to this clause is voluntary, is not a mandatory precondition to litigation, and does not limit either party’s right to seek urgent injunctive or provisional relief before the competent courts at any time, including to protect intellectual property rights or confidential information.

Additional Applications

These Terms automatically apply to any new Application published by the Owner under the Beforz brand from the date it becomes available, without requiring separate acceptance, unless the Owner publishes application-specific supplemental terms, in which case those supplemental terms prevail solely with respect to any conflicting provision.

Definitions and legal references

This Website (or this Application) — The property, and any Application, that enables the provision of the Service.
Agreement — Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.
Business User — Any User that does not qualify as a Consumer.
Digital Product — Any digital content, virtual item, in-app feature, Event Ticket, or right of access sold by the Owner.
Event / Event Ticket — As defined in the Sale of Digital Products, Event Tickets and Subscriptions clause above.
European (or Europe) — Applies where a User is physically present or has their registered offices within the EU, regardless of nationality.
Owner (or We) — Beforz Sàrl, as identified at the beginning of this document.
Service — The service provided by the Website and the Applications as described in these Terms.
Subscription — A Digital Product sold on a recurring, automatically renewing basis.
Terms — All provisions applicable to the use of the Service as described in this document and any related documents, as updated from time to time.
User (or You) — Any natural person or legal entity using the Service.
User Content — As defined in the User Content and Community Conduct clause above.
Consumer — Any User qualifying as a natural person who accesses goods or services for personal use, or otherwise for purposes outside their trade, business, craft or profession.

Latest update: July 10, 2026

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