Terms of Use

1. General Provisions

1.1. Publication and editorial staff

Sqiyo AG
Alpenstrasse 11
6302 Zug

1.2. Disclaimer

By accessing this website and related pages, you (hereafter referred to as "Visitor" or "User") acknowledge and agree to be bound by the following Terms of Use and legal information and that these Terms of Use apply to all services and offers available on the website, the platform as well as the elements contained therein and the related activities of the Users.

1.3. Copyright

All information and contents published on this website or on the Platform, in particular but not limited to the presentation methods, designs and software are protected by copyright and, unless otherwise specified, are exclusively and full intellectual property of Sqiyo AG (hereafter referred to as "we" or "Sqiyo"). Sqiyo expressly reserves all rights in this respect. By using, downloading or copying, no rights are transferred with regard to the software or other elements of the contents accessible on this website or on the Platform.

The complete or partial reproduction, the electronic or other distribution and modification of any kind as well as the use for commercial or public purposes requires the prior and explicit consent of sqiyo.

Commercial in the sense of these Terms of Use is any action that generates a profit or turnover or improves the economic situation of the User.

1.4. Linked websites, links and framing

This website and the Platform may contain links to third-party websites. sqiyo has not checked their content and accordingly accepts no responsibility for their content, the products, services or their givings offered thereon, nor for compliance with data protection regulations. The activation of a link to off-site pages or other websites is at the User's own responsibility and risk.

There is no entitlement to insert links or HTML elements in forms on this website or the Platform.

1.5. Confirmation and change of the Terms of Use

The User reconfirms these Terms of Use each time he/she/it opens this website or logs in to the Platform. Sqiyo reserves the right to make changes to these Terms of Use at any time and to publish the current version on this website. Users of the Platform will be notified of any material changes within 30-days before they come into force. In doing so, Sqiyo will point out the possibility of objection. If the User of the Platform does not object to the application of the new Terms of Use after this information has been given, the amended Terms of Use are accepted.

2. The Platform

2.1. The Platform

The Platform, which is made available by Sqiyo, is a knowledge exchange platform where "Knowledge-Givers" and "Knowledge-Seekers" meet (herein referred to as "Platform"). The Platform offers a virtual space for learning as well as for earning and thereby balances out purchasing power and social differences.

It also enables companies to exchange and store internal knowledge via closed platforms called "Sqiyo for business".

2.2. Use of the Platform

Sqiyo takes all care and makes every effort to ensure that the information on the website and on the Platform are accurate at the time of publication and to enable safe use of the website and the Platform. Nevertheless, defects such as operational failure, data loss, data corruption and virus infection cannot be ruled out.

Therefore, the website, the Platform or parts of our services may be temporarily unavailable for various reasons and access to the website or the Platform is therefore at the User's own risk and responsibility.

2.3. No right of use

There is no entitlement to register on, become or be a member of or use the Platform. In particular, Sqiyo is free to reject a registration at any time, or to exclude a User of the Platform, prohibit the use of a service or discontinue a service, in particular in the event of an improper use in the sense of Section 5.3.

2.4. Legal position of sqiyo

On the Platform the Users of the Platform can conclude contracts with each other. The fulfilment of the obligations arising therefrom are the Users' sole responsibility.

Sqiyo is never a party to any contract entered into between the Users of the Platform and therefore merely provides the Platform. Sqiyo, its agents, employees and auxiliaries are in no way responsible for the risks associated with the initiation and conclusion of transactions and are in no way liable for any damages that may arise as a result.

2.5. Change of the Platform

We strive to continuously improve the Platform and adapt it to your needs and requirements. Therefore, we reserve the right to change or discontinue parts or the entire Platform at any time without prior notice. However, we will attempt to notify you of any change or discontinuation of services by posting a notice to that effect on the Platform.

Publication of information or opinions on this website or the Platform does not imply that this information or opinion or the basis thereof has not changed since the publication.

3. Users

3.1. User information

The User undertakes to provide up-to-date, accurate and complete information about him-/her-/itself. The User must at least be 18 years old. In addition, the User undertakes to update all information relevant for the use of the Platform without any delay.

3.2. Warranty and liability

Users of the Platform are allowed to upload information and content to the Platform, which is made available to other Users on the Platform.

Each User is solely liable for the uploading transmission and/or provision of messages, notices, texts, information and other content (herein referred to as "User Content") on or via the Platform.

The User warrants to indemnify, defend and hold harmless Sqiyo and its affiliates and their respective members of the Board of Directors, officers, partners and employees from and against all claims, costs and expenses (including reasonable legal fees) related to the User's use of the Platform or the User's conduct towards other users.

3.3. User Content

Sqiyo is not obligated to verify the contents, offers, ratings and other information published by the Users on the Platform and, in particular, assumes no responsibility for:

  • the truthfulness and otherwise correctness of the content;
  • the quality, safety or legality of the content;
  • the ability, authority and will of the individual User with regard to offering a knowledge transfer;
  • payment or other fulfilment of obligations.

3.4. Data storage

Users are solely responsible for creating backup copies of the User Content they have uploaded or posted on the Platform. The costs caused thereby are borne by the Users themselves.

Nevertheless, the User acknowledged that sqiyo may retain archived copies of the User Content.

Any liability due to loss or damage of data is explicitly excluded

3.5. Licence to sqiyo AG

The User hereby grant us a free, unrestricted, irrevocable, perpetual, non-exclusive, transferable, worldwide licence (with the right to sub-licence) to use the content made publicly available by Users on the Platform, or any part thereof, for any (currently known or unknown) commercial or other purpose (including advertising). The licence includes the right to reproduce, distribute and adapt the content affected by this section.

The User may remove this content at any time from the Platform. However, upon removal of the content, the licence granted above shall survive.

The Users represent and warrant that he/she/it has the right to grant this licence and agree to fully indemnify sqiyo against all claims under this clause.

For the sake of clarity, it is noted that this Section 3.5 for the protection of business and trade secrets does not apply to Sqiyo for business (i.e. employees of organizations using sqiyo for business may exchange business and trade secrets via the platform within the protected environment offered by sqiyo for business).

4. Reward / Incentive

On the Platform there are the following four incentive components.

4.1. Ratings

The Knowledge-Seekers and the Knowledge-Givers can mutually evaluate the quality of their content or knowledge transfer and their behaviour.

Users are obliged to provide truthful information in the ratings he/she/it submits. The ratings must be factual and may not contain personal insults. It is also not allowed to include advertising in a rating. Any unfair influence on one's own or other user's rating profiles or evaluations as well as any abuse of the evaluation or rating system is prohibited. Furthermore, it is not allowed to submit misleading ratings or to manipulate the rating system for one's own benefit or advantage. Sqiyo is at any time entitled but not obliged to intervene in the autonomous rating system and to delete and/or correct ratings.

4.2. Drops (On Platform payment)

For each 30-minute knowledge transfer session, the Knowledge-Giver receives 5 Drops (cumulative). In addition, the Knowledge-Giver can receive further Impact Points from Sqiyo for e.g. constructive feedbacks on other Users' videos, for inviting new Users to the Platform, etc. The Drops can be used for access to further services on the Platform and other knowledge transfer sessions. The Impact Points only have a value on the Platform and cannot be taken off the Platform or be exchanged for money.

4.3. Sqiyo's (On Platform Impact Score)

The User receives Sqiyo's (an on platform impact core) for each activity that earns them Drops. While the balance of Drops can vary up and down depending on usage, the level of sqiyo's increases through the free transfer of knowledge and thus shows the User's social engagement over time.

4.4. Money

The Users are given the opportunity to make their knowledge available for payment. The User can determine the price for a session his-/her-/itself. The payment process is handled via an external partner and sqiyo receives a commission for each transaction.

5. Standards of conduct

5.1. Standards

As a User, you acknowledge that you will use the Platform in a considerate and compliant manner. The User warrants that he/she/it will not violate the applicable Swiss law and, in, particular, that you will not make available on the Platform anything that infringes the rights of third parties or contains unlawful material. In particular, you undertake not to use the platform for the following activities:

  • Deriving or collecting contact information (e.g. e-mail addresses) of other Users by any means;
  • Telemarketing or other contact via phone;
  • Uploading, posting or storing of content that
    • we consider, in our sole discretion, to be harmful, threatening, infringing, abusive, harassing, obscene, fraudulent, invasive of privacy or publicity rights, or racially or otherwise objectionable or unlawful;
    • private information of a third party including but not limited to, addresses, phone numbers, bank details, etc.;
    • unsolicited or unauthorised advertising, spam and the like;
    • content that would constitute a criminal offence, solicit other persons to commit a criminal offence or instruct such persons to commit a criminal offence;
    • infringed the rights of third parties or that would otherwise give rise to liability or violate national or international law;

  • Using automated scripts to collect information from the Platform; Industrial espionage;
  • The disclosure of trade or business secrets outside of the Sqiyo for business used by the respective company;
  • Posting content for another person or entity, or misrepresenting yourself, your age or your affiliation with another person or entity.

5.2. Revise and analyzation

The Users are solely responsible for their dealings with other Users. We have the right but not the obligation to take any action, that we, in our sole discretion, deem reasonable and appropriate.

We do not generally screen communication between Users. Nevertheless, such communication passes our servers and we may check it at any time, whether on a random basis, as a result of a complaint or in order to improve the quality of the knowledge search process.

Information or complaints about the disclosure of internal trade or business secrets must be appropriately reviewed by sqiyo within [72] hours.

The User expressly acknowledges that the knowledge exchanges, which take place in 30 min. video sessions, are recorded and these records will be stored for 30 days. In case of complaints these recordings can be used as evidence.

5.3. Improper use

If, in the course of an examination or an analysis of the content and/or communication of a User, it should transpire that the User is in breach of the aforementioned standards of conduct, Sqiyo at its own discretion shall be free to block or delete the message, content and/or User or to take any other measure which Sqiyo deems appropriate without prior notice.

In the event of industrial espionage or disclosure of trade or business secrets, Sqiyo will delete all messages and/or content and delete and block the respective User from the Platform.

6. Exception of liability

Sqiyo takes every care to ensure that the information on the website and on the Platform is correct and up-to-date at the time of publication and does not infringe any third-party rights. Nevertheless, Sqiyo cannot guarantee the accuracy, reliability or completeness of the content. Therefore, the platform, including all content contained therein, is provided on an "as is" basis and we hereby exclude all representations and warranties (in particular regarding material defects and defects of title). We neither represent nor warrant that the information and content made available on or via the platform (by us or the Users) is complete, free of errors or fit for purpose. Users acknowledge that downloading or obtaining information and content from the platform is done at their own discretion and risk.

Any liability of Sqiyo is hereby excluded.

7. Term and Termination

These Terms of Use apply from the time the User accesses this website or the Platform.

For Users of the Platform, these Terms of Use apply for as long as they are registered on the Platform.

The contractual relationship between us and the User may be terminated by either party at any time with immediate effect at each party's sole discretion. Fees for chargeable services will not be refunded to the User under any circumstances.

8. Severability clause

Should any part or provision of this Terms of Use be held to be invalid by any competent court, governmental or administrative authority having jurisdiction, the other provisions of this Agreement shall nonetheless remain valid. In this case, the Parties shall endeavour to negotiate a substitute provision that best reflects the economic intentions of the Parties without being unenforceable, and shall execute all agreements and documents required in this connection. The same shall apply if and to the extent that this Terms of Use is found to contain any gaps or omissions.

9. Choice of law and jurisdiction

For all possible disputes between the User of the website and/or the Platform on the one hand and sqiyo on the other hand, which arise from visiting or operating the website and/or the Platform, the ordinary courts of the Canton of Zug, Switzerland have exclusive jurisdiction.

The substantive law of Switzerland is applicable.