Terms of Use

Version 3.0 from 20. April 2021

These Terms of Use govern the relationship between Vatorex AG, Attikerstrasse 10, 8542 Wiesendangen, Switzerland ("Vatorex") and the users of the Hive Manager app ("App").

Please read these Terms of Use carefully before agreeing to them by ticking a box, downloading or using the App. By using the App, you agree to be bound by these Terms of Use.

1. User account

1.1 Registration

In order to use the App, you must register. To do this, you must enter your data completely and correctly in the App's registration form, unless this information is marked as voluntary. Registration is only possible with your civil name and a unique e-mail address or through the login of third-party partners of Vatorex, not with fantasy names or pseudonyms. In the case of free use, only the basic functions will be made available to you free of charge.

When you register, you will receive a user account. The access data for this user account consists of an email address and a password chosen by you. You must treat the access data with the necessary care. Vatorex accepts no liability in the event of loss of the access data and content.

1.2 Premium offer

The use of certain options and functions is only possible with a premium subscription. By registering for the premium offer, you confirm that you meet the minimum age requirements under applicable law or that you have the consent of your legal representatives to take out the premium subscription for which a charge is made.

The use of the premium offer is subject to a fee. The applicable prices of the premium offer and payment methods can be viewed in the App. The prices set are exclusive of any applicable VAT or fees associated with the premium offers.

The prices are payable in advance for the entire subscription period of the premium offer and are due immediately. The price for the premium offer can be paid via in-app purchase through Apple/Google or online by credit card. The validity period of the subscription is recorded in your account. As soon as a subscription period reaches its end, your subscription will be automatically renewed for the same period and the subscription price will become due for payment, unless you have cancelled the premium offer at the latest before the subscription expires. You will be charged the current standard price for the subscription.

1.3 Suspension and deletion of the user account

You have the option of deleting your user account at any time by logging into your account and clicking on the "Delete user account" function or uninstalling the App. The data stored under your user account will then be irrevocably deleted. 
Vatorex reserves the right to temporarily or permanently suspend a user account without prior notice and to exclude the user from using the App in the event of misuse in accordance with point 2, if the use violates applicable law or if there is reasonable suspicion of misuse of the account by third parties. 
In the event of exclusion, Vatorex is entitled to irrevocably delete the user account and all of the user's content without prior notice. 
Any fees already paid will not be refunded by the company.

2. Right of use 

The App and content provided in the App (images, designs, trademarks, and so on) are the property of Vatorex or Vatorex's licensors. Vatorex grants registered users the revocable, non-exclusive, non-transferable, limited right to use the App and the content provided therein exclusively for personal purposes, including personal commercial purposes, in accordance with these Terms of Use and the conditions of your app store.
You grant Vatorex an irrevocable, royalty-free, non-exclusive but unrestricted right of use to all content generated by you, transmitted by you and stored in the App. Vatorex is entitled to use all content in the context of its business activities.

3. Restrictions on use

The following actions are not permitted:

  • a) License, sell, rent, lease, assign, distribute, transfer, host, outsource, disclose or otherwise commercially exploit the App or any content provided in the App or make the App available to any third party;

  • b) decompile, reverse engineer, disassemble or attempt to derive the source code of the App or decrypt the App, except to the extent that you are entitled to do so under a mandatory provision of law;

  • c) make any changes, adjustments, improvements, enhancements, translations or edits to the App or any content provided on the App;

  • d) violate any applicable law, rule or regulation in connection with your access to or use of the App;

  • e) remove, alter or obscure any copyright, trademark or other proprietary rights notices of Vatorex or its affiliates, partners, suppliers or licensors on the App or any content provided on the App;

  • f) use the App or any content provided in the App for any purpose for which it was not designed or intended;

  • g) use the App or any content provided in the App to create a product, service or software that directly or indirectly competes with or in any way replaces the services, products or software offered by Vatorex;

  • h) use the App to send automated queries to a website or to send unsolicited commercial emails.

4. Maintenance and support

Vatorex does not provide maintenance or support for the App, except to the extent that this is owed under applicable mandatory law.

5. Availability and changes to the App

Vatorex endeavours to ensure the proper operation of the App. However, Vatorex is not responsible for the uninterrupted availability or usability of the App and the content provided therein.

Vatorex reserves the right to modify, suspend or discontinue, temporarily or permanently, in whole or in part, the App, its features or the services to which it is linked, with or without notice and without liability to you. In most cases, Vatorex makes changes in order to optimise or improve the App. To the extent that the changes do not materially adversely affect your use of the App, the Company will not refund any amounts already paid to you for the premium offer.

6. Liability

The App, the content provided therein, any maintenance and support as well as all additional services are provided by Vatorex without warranty. Use is exclusively at your own risk. Vatorex expressly accepts no responsibility and provides no guarantee or assurances for the correctness, up-to-dateness, quality, availability or completeness of the content provided. Likewise, no responsibility can be assumed for the App and the content being suitable for the desired purpose of the user. 

Vatorex also accepts no liability for interruptions, failures, loss of data, transmission errors or other technical problems and related damage. To the extent permitted by law, any guarantee that errors or defects will be corrected or that the software is free of viruses or other harmful components is also excluded.

Liability claims against Vatorex for damages of any kind (direct and indirect damages, material and immaterial damages as well as consequential damages) arising from or in connection with the use or impossibility of use of the App or the content are excluded.

To the extent that you are entitled to warranty rights on the basis of mandatory statutory provisions, these are limited to the shortest possible duration and the smallest possible scope.

7. Right of revocation

Unless mandatory by law, all purchases and subscriptions are final and non-refundable. If you have a mandatory legal claim to a refund of an amount already paid for the conclusion of a premium subscription, please contact the contact address in section 11 of these Terms of Use within a revocation period of 14 days from the date of payment. If you have already used the premium offer at the time of cancellation, you will receive a pro-rata refund.

8. US embargoes

You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.

9. Changes to the Terms of Use

Vatorex may change these Terms of Use at any time. You will be informed of any changes. If you continue to use the App after these changes come into force, you thereby declare your agreement with the amended Terms of Use.

10. Partial nullity

Should one or more clauses of these Terms of Use be invalid or incomplete, the validity of the remaining clauses shall not be affected. The invalid or incomplete clause shall be replaced by the relevant statutory provision.

11. Contact address

If you have any questions in connection with the App and these Terms of Use, please contact:

Vatorex AG
Klosterstrasse 34
8406 Winterthur
Switzerland

Email: hello@vatorex.ch
Telephone: +41 52 338 23 18.

12. Applicable law and place of jurisdiction

These Terms of Use are subject to Swiss substantive law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods and the conflict of laws.

The exclusive place of jurisdiction for the assessment of all disputes arising from the relationship between users and Vatorex is the registered office of Vatorex AG. However, Vatorex also has the right to take legal action against you at your place of residence.