Terms & Conditions

General Terms and Conditions of myReach

Last Update on July, 2021

 

The T&C BETA TESTING AGREEMENT is entered into between you (hereinafter, referred to as “You” or the “Participant”) and My Reach, S.A., with registered office at Avenue de Florimont, 1006 Lausanne (Switzerland), and registered with number CHE-113.324.607 in the Companies House of the Canton of Vaud (Switzerland) in order to regulate the terms related to the limited use of the software product made available to You by Reach.

BY ACCEPTING THIS AGREEMENT DURING YOUR ACCOUNT REGISTRATION OR SUBSCRIPTION PROCESS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS OF THIS AGREEMENT, THAT YOU HAVE NO CONFLICT OF INTEREST, AND THAT YOU ACCEPT TO BE BOUND BY THE TERMS OF THIS AGREEMENT WITHOUT RESTRICTION.

1. Description Of The Beta Testing Program

Reach is developing an innovative information management software, and it is offering the opportunity to several individuals and legal persons to test a preliminary version of the software by participating in its Beta Testing Program.

Reach shall grant a limited license to use the Beta Version of the Beta Testing Program to testers of the Beta Version of the Beta Testing Program who will be the Participants and End Users for the sole purpose of testing and evaluating the Beta Testing Program.

Since the Beta Testing Program has been designed and launched as a beta version, the Participant will have to provide feedback on use of the Beta Version of the Beta Testing Program and is hereby informed that his use of the Beta Version of the Beta Testing Program will be monitored as part of the feedback to be provided.

2. Definitions

For clarity and understanding of this Agreement, the following definitions apply to terms that appear in this Agreement. Definitions and terms in the singular also include the plural, and vice versa.

  1. Agreement”: The T&C that are applicable to this BETA TESTING PROGRAM in its current version, as the sole basis for the relationship between Reach and the Participant.
  2. Beta Testing Program”: Reach is developing an innovative information management software, and it is offering the opportunity to a number of individuals and legal persons to test a preliminary version of the software by participating in it.
  3. Beta Version of the Beta Testing Program”: Comprises the computer software, object code, source code, associated media and images, printed materials, electronic documentation, and any other related information that Reach will make available to Participant
  4. End User“: each of the user accounts that each Participant indicates to Reach based on its needs and as indicated in the Beta Testing Program contracting process.
  5. Participant” “You” or “User”: Each tester of the Beta Version of the Beta Testing Program who is given access by Reach and complies with the requirements of eligibility set forth in this Agreement. Any reference in this Agreement to the Participant, shall apply equally to the End User.
  6. Reach”): My Reach, S.A., with registered office at Avenue de Florimont, 1006 Lausanne (Switzerland), and registered with number CHE-113.324.607 in the Companies House of the Canton of Vaud (Switzerland) and contact e-mail:

The Participant and Reach may be also referred to herein individually as a “Party” and collectively as the “Parties.”

3. Agreement Between Reach And The Participant

Reach and the Participant will be deemed to have entered into this legally binding Agreement, when the Participant accepts by ticking the relevant box in the registration form on the

This Agreement constitutes the entire agreement between the Parties and no other terms and conditions proposed by the Parties shall apply.

Reach reserves the right to modify this Agreement, indicating in the header of this document the date of last modification. Reach will duly communicate to the Participant any future modifications that may be introduced to the Agreement: if the Participant does not agree with any of the updates that may be introduced in the future, he/she may express his/her disagreement at any time by contacting the e-mail address indicated in Clause 2 – DEFINITIONS above. By using the Beta Testing Program and by accepting the new versions communicated to him/her by any mechanism made available to the Participant, the Participant will be deemed to have accepted the updates to the Agreement. For this reason, the Participant must read the Agreement carefully each time it is updated and communicated to the Participant. This Agreement, as amended from time to time, is the only one applicable to the registration and use of the Beta Testing Program, unless Reach informs the Participant in writing that additional terms and conditions apply to the Beta Testing Program.  

In the event that new versions of this Agreement are made, the Participant may terminate this Agreement by simply notifying Reach in writing if the Participant does not agree with the changes in such new versions. 

In the event that the Participant indicates that it does not agree with the new versions of the Agreement, the Participant shall lose its status in the Beta Testing Program and, consequently, its access to the Beta Testing Program and any rights conferred upon it under this Agreement.

Reach will notify the Participant if it intends to make a major deactivation of the Beta Testing Program. Major deactivation shall mean that the Participant is unable to access substantially all of the functionalities comprising the Beta Testing Program.

Reach may offer additional services to the Participant upon acceptance of the conditions agreed for access to such services.

4. Participant Registration Procedure

The Participant will access the appropriate form on the Reach website to complete the Beta Testing Program registration process and acceptance of this Agreement by providing the information necessary for Reach to contact the Participant;

  1. Once the form has been completed and sent to Reach, Reach will contact the Participant to determine the number of End Users they will need to open in their Participant
  2. Once the above steps have been completed, an administrator profile of the Participant will be generated, to which the provisional access credentials will be sent.
  3. Upon completion of the registration process by the Participant and acceptance of this Agreement and the applicable Privacy Policy, the registration process is complete; Reach will send the relevant account creation confirmation emails to confirm subscription to the Beta Testing Program.
  4. Each End User will receive an email with their username and a password that must be changed after their first entry into the Beta Testing Program. The new password to be provided by the End User must contain at least 8 alphanumeric characters and one capital letter.
  5. Once the above process has been completed, access to the Beta Testing Program will be available.

The Participant confirms that the data provided by him/her and the End Users are accurate, truthful and duly processed in accordance with the applicable regulations on personal data protection.

The Participant is responsible for verifying the domain email address or domain name under which he/she will use the Beta Testing Program, in order to be able to use it. If the Participant does not have valid permission to use that Domain Email Address or does not own or control that Domain Name, Reach shall have no obligation to provide the Beta Testing Program and may delete the Participant’s account without notice.

5. Eligibility

Your acceptation as a Participant of the Beta Testing Program is at the entire and sole discretion of Reach because of the nature of the test version of the software. Notwithstanding the foregoing, in order to be accepted as a Participant, You must meet the following minimum requirements:

  1. Participants must be 18 years of age or older; and
  2. Participants must warrant that they do not hold any conflict of interest, including but not limited to, the following situations: (a) The Participant must not work, either directly or indirectly, in any capacity whatsoever for any actual or potential competitor of Reach; (b) The Participant must not in any other manner be directly or indirectly related to any actual or potential competitor of Reach; and (c) The Participant must not hold, either directly or indirectly, any kind of interest into an actual or potential competitor of Reach.

In the event that the requirements outlined in this Clause are met, participation in the Beta Testing Program shall not be guaranteed. Further, continued participation in the Beta Testing Program is subject to meeting the aforementioned minimum requirements, as well as complying with all of the terms of this Agreement at all times. Participants are required to immediately inform Reach should a conflict of interest arise.

Reach shall have the right, at its own discretion, to limit the number of Participants in the Beta Testing Program, at any time, and for any or no reason. Consequently, a request to participate in the Beta Testing Program is no guarantee that access will be granted, and acceptance into the Beta Testing Program is no guarantee of ongoing participation.

6. Grant Of License And License Restrictions

Reach grants the Participant and its End Users a limited, revocable, non-exclusive, and non-transferable right to use the Beta Version of the Beta Testing Program solely for the purpose of testing and evaluating the aforementioned software (hereinafter, referred to as the “License”). The license shall be limited to testing and assessing the Beta Version of the Beta Testing Program before the official launch of the commercial version.

Participant and End Users may access and use the Beta Version of the Beta Testing Program on just ONE (1) personal account per End User, simultaneously on just ONE (1) device, for the sole purpose of testing the Beta Version of the Beta Testing Program, subject to these terms for the duration of the Beta Testing Program.

Except as expressly set out in this Agreement or as permitted by any applicable local law, You agree to the following:

  1. Not to make or distribute copies of the Beta Version of the Beta Testing Program, or electronically transfer the Beta Version of the Beta Testing Program from one computer or device to another or over a network;
  2. Not to rent, lease, sub-license, loan, translate, merge, adapt, vary, or modify the Beta Version of the Beta Testing Program;
  3. Not to make any alterations to, or modifications of, the whole or any part of the Beta Version of the Beta Testing Program, or permit the Beta Version of the Beta Testing Program or any part of it to be combined with, or become incorporated in, any other program;
  4. Not to disassemble, decompile, reverse-engineer, or create derivative works based on the whole or nay part of the Beta Version of the Beta Testing Program or attempt to do any such thing;
  5. Not to provide or otherwise make available the Beta Version of the Beta Testing Program, in whole or in part, including object and source code, in any form to any person or third party without prior written consent from Reach;
  6. Not to attempt to circumvent or bypass any security measures;
  7. To comply with all technology control or export laws and regulations that apply to the technology used or supported by the Beta Version of the Beta Testing Program.
  8. Not to use the Beta Version of the Beta Testing Program or any information to which You may gain access in the course of Your participation in the Beta Testing Program in order to create or develop a competing software.

The terms of this Agreement apply to the Beta Version of the Beta Testing Program including any updates or supplements, which Reach may discretionally make available to the Participants.

7. Account Responsibilities And Benefits

To participate in the Beta Testing Program, the Participants are required to register for an individual account. Accounts are nominal, and it is prohibited to share, disclose, or otherwise make available your account information to any other person or third party.

You are responsible for maintaining your account information secure at all times. This means that you are required to secure and not share or otherwise make available your user ID and/or password. If you suspect any unauthorized use of your account, please contact us immediately by sending an email to cpayne@rea.ch .

You agree that any action carried under your account are presumed to be carried out by You, and that logs may be used as proof in trial.

 

You will ensure that all your account information (including any information that you provide in connection with your registration in Reach is, and continues to be, true and complete.

Your account is designed to provide a place for you to access and manage your account information and obtain limited rights to use the Beta Version of the Beta Testing Program. Your account is designed to be accessible virtually anywhere, anytime via the web at https://www.reach.io/  , and the App published and downloadable via the main marketplaces for mobile apps.

The Beta Version of the Beta Testing Program may include the following features: ability to upload and/or save documentation or information; and ability to access, search, and manage your uploaded documentation or information.

8. Authorized And Prohibited Use

This Agreement shall be conditioned on the Participant making a lawful use of the Beta Version of the Beta Testing Program. You warrant that you hold all rights and authorizations to the information that you upload into the Beta Version of the Beta Testing Program.

It is strictly prohibited to upload any of the following information unto the Beta Version of the Beta Testing Program:

  1. (Content that is considered illegal, that infringes the rights of any third parties (including but not limited to, intellectual property rights, data protection rights, image rights), and
  2. Information which concerns a minor of age without the authorization of his tutor.

9. Feedback

Your participation in the Beta Testing Program, implies the reporting, monitoring and giving feedback about your use of the Beta Version of the Beta Testing Program. You might be requested to provide such feedback, and you commit to promptly provide such feedback on the operation and use of the Beta Version of the Beta Testing Program, including but not limited to, any bugs and user experience, so that Reach may solve any existing problems, and/or improve its product and user experience. This may include filling out online reports, participating in telephone interviews, maintaining a record of problems or errors, providing suggestions and ideas, and responding to written surveys. You agree to provide only true and correct information.

You hereby agree that any feedback, recommendations, and/or suggestions that you provide will be the sole property of Reach and that it shall not give you any authorship claims to the Beta Version of the Beta Testing Program. Failure to provide any feedback, where requested by Reach, shall be grounds for termination of the Agreement by Reach.

If you want to get more information about the processing of your personal data linked to this activity, please visit our Privacy Policy:

10. Confidentiality

Reach shall take all reasonable steps to ensure that any information that you provide via the Beta Version of the Beta Testing Program is kept confidential. However, the confidentiality of your use, or any information sent by You via the Beta Version of the Beta Testing Program cannot be fully guaranteed. Should you decide to upload any confidential or sensitive information through the Beta Version of the Beta Testing Program, you do so at your own risk and peril.

Reach shall not be responsible or liable for any harm, whether direct or indirect, caused to You or any other third party as a result of a breach of confidentiality in relation to your use of the Beta Version of the Beta Testing Program. By sending Reach information You grant to us an unrestricted, perpetual, irrevocable, and non-exclusive license to use that information for the purpose of enabling us to provide and improve our provision of the Services to you and other users.

You accept to keep confidential and refrain from disclosing any and all information to which you may gain access in the course of your participation in the Beta Testing Program, without the prior written consent of Reach. This may include, but is not limited to, any information related to Reach, the Beta Version of the Beta Testing Program, or it’s testing. Further, You agree to implement all reasonable measures to keep such information confidential, and shall inform Reach immediately should you become aware that any third party gains access to any confidential information.

Should you detect any security vulnerabilities related to the Beta Version of the Beta Testing Program, you agree to keep this information confidential and to inform Reach immediately at cpayne@rea.ch

11. Copyright And Intellectual Property Rights

The Beta Version of the Beta Testing Program is protected by copyright laws and international copyright treaties, and you acknowledge that all intellectual property rights in the Beta Version of the Beta Testing Program belong exclusively to Reach. Such rights protect the software, object code, source code, associated media and images, user manuals, support documentation, trademarks, designs and any other element protected by intellectual property rights including, but not limited to, any information related with the performance, profiling, functionalities, improvements, errors, features of the Beta Version of the Beta Testing Program, and any other additional information generated, obtained, or produced as a result of Participant’s use of such Beta Version of the Platform.

The Beta Version of the Beta Testing Program is licensed for a limited period of time, not sold. Furthermore, this Agreement does not grant to you any rights in connection with any trademarks or service marks of Reach. Reach reserves all intellectual property rights, including copyrights, and trademark rights.

The Beta Version of the Beta Testing Program contains the following components which are subject to third parties open-source licensing conditions:

The Beta Version of the Beta Testing Program complies with such third parties open-source licensing conditions. Additionally, such open-source licensing conditions do not limit or prevent Reach to grant the license rights established in Clause 3 (“Grant of License and License Restrictions”) of this Agreement.

12. Data Protection

In the context of your participation in the Beta Testing Program, Reach will process your personal data as data controller according to its Privacy Policy. The Reach Privacy Policy sets forth: (i) how Reach may collect, use, store and process your personal information; and (ii) how you may request the exercise of your personal data processing rights.

The full Privacy Policy can be found at […].

By using the Beta Version of the Beta Testing Program, you accept Reach use of your personal data as described in the Privacy Policy.

In the event that You decide to upload and/or store any information or documentation on the Beta Version of the Beta Testing Program which includes personal data, the following terms shall apply to such processing:

  1. Reach shall act as data processor (hereinafter, referred to as the “Data Processor”) and You shall act as data controller (hereinafter, referred to as the “Data Controller”), as is defined by applicable personal data protection legislation.
  2. The personal data will be processed for the purpose of managing the information that you upload and/or store on the Beta Version of the Beta Testing Program.
  1. The duration of the processing shall be effective for the duration of this Agreement.
  2. The type of personal data processed concern are those included in the documentation uploaded and/or stored by the end users. This may include: personal characteristics data; social circumstances data; academic and professional data; details of employment data; commercial information data; economic, financial and insurance data; transaction of goods and services data; special categories of data; and/or images.
  3. The categories of data subjects whose data will be processed by the Data Processor shall be any individual included in the documentation uploaded by the Data Controller.
  4. The Data Processor undertakes to fulfil the following obligations:
    • To process the personal data only to carry out the provision of the contracted Services, in accordance with the instructions given in writing, at any time, by the Data Controller (unless there is a law that requires complementary processing, in such case, the Data Processor will inform the Data Controller of that legal requirement prior to the processing, unless the Law prohibits it on public interest grounds).
    • To maintain the duty of secrecy with respect to the personal data to which he has access, even after the termination of the contractual relationship, and to ensure that his dependants have committed in writing to maintain the confidentiality of the personal data processed.
    • To implement adequate technical and organizational measures as is required by applicable data protection legislation.
    • To keep under his control and custody the personal data to which he has access in relation with the provision of the Service, and to not disclose them, neither transfer or otherwise communicate them, not even for their preservation, to persons unrelated with the provision of the Service covered by this Agreement.
    • However, the Data Controller hereby consents and authorises Data Processor to engage the sub-processors listed in the following : […]. In any case, access to the data made by natural persons who render their services to the Data Processor, acting within the organizational framework of the latter by virtue of a commercial and non-labour relationship, is authorized. In addition, access to the data is granted to companies and professionals that the Data Processor has hired in his internal organizational framework to provide general or maintenance services (computer services, consulting, audits, etc.), as long as such tasks have not been arranged by the Data Processor with the purpose of subcontracting with a third party all or part of the Services provided to the Data Controller. The Data Processor shall inform the Data Controller of any change envisaged in the incorporation or substitution of the Subcontractors, giving thus the Data Controller the opportunity to object to such changes.In the event that the Subcontractor provides services from countries that do not have data protection regulations equivalent to the European (“Third Countries”), the Data Processor undertakes to inform the Data Controller of said circumstance and to establish as many safeguards as are required by European regulations for the protection of personal data regarding international transfers of data to Third Countries.
    • To delete or return to the Data Controller, at the latter’s choice, all personal data to which the Data Processor has had access to provide the Service. Likewise, the Data Processor undertakes to delete the existing copies, unless there is a legal rule that requires the preservation of the personal data. However, the Data Processor may keep the data, duly blocked, regarding the responsibilities that could stem from his relation with Data Controller.
    • To notify the Data Controller, without undue delay, of any personal data security breaches of which it is aware, giving support to the Data Controller in the notification to the Spanish Data Protection Agency or other competent Control Authority and, if applicable, to the interested parties of the security breaches that occur, as well as to provide support, when necessary, in the carrying-out of privacy impact assessments and in the prior consultation to the Spanish Data Protection Agency, where appropriate, as well as to assist the Data Controller so he can fulfil the obligation of responding the requests to exercise certain rights.
    • To cooperate with the Spanish Data Protection Agency or with other Control Authority, at its request, in the fulfilment of its power.
    • To make available to the Data Controller all information necessary to demonstrate the fulfilment of the obligations established under this Agreement, as well as to allow and contribute to the performance of audits, including inspections, by the Data Controller or by a third party authorized by him. The aforementioned information shall be considered as confidential information.

13. Term And Termination

This Agreement shall become effective on the date of its acceptance, and shall automatically expire after six (6) months from the date of its acceptance (hereinafter, referred to as the “Term”).

Notwithstanding the previous paragraphs of this Clause, either Party may terminate this Agreement at any time, for any reason or no reason, upon written notice to the other Party.

Notwithstanding paragraph the previous paragraphs of this Clause, Reach shall have the right to automatically terminate this Agreement, at its own discretion, without providing prior written notice upon any breach by You of any of your obligations hereunder, or if during the Term or any extension period you cease to comply with the requirements established in Clause 2 (“Eligibility”) of this Agreement. Your breach of any of your obligations under the Agreement shall result in the immediate termination of this Agreement and rights to use the Beta Version of the Beta Testing Program by Reach.

In the event established the previous paragraphs of this Clause, the data stored in your user account will be returned to You. Reach shall only keep a copy of that information during the maximum statutory terms applicable by law with the sole purpose of (i) defending against claims; and (ii) proving compliance with any obligations established by law to which Reach is subject according to its activity. At the end of such statutory periods, your information will be deleted. Such copy will be only accessible by Reach on the grounds of one of the previous purposes.

Upon expiration or termination of this Agreement, the rights and licenses granted to Participant under this Agreement shall immediately terminate, and Participant shall immediately cease using the Beta Version of the Beta Testing Program. Participant shall also promptly return to Reach (or, at Reach’s request, destroy), all documentation in Participant’s possession or control that are proprietary to or contain confidential information of Reach.

The obligations of confidentiality as set out in Clause 10 (“Confidentiality”) of this Agreement shall survive the termination of this Agreement for an indefinite period of time.

Reach shall have the right to suspend Your access to the Beta Version of the Beta Testing Program or terminate this Agreement, at its own discretion, should there be any indication or suspicion of unlawful or prohibited use of the Beta Version of the Beta Testing Program.

14. Acknowledgement Of Embedded Third-Party Components

The Beta Version of the Beta Testing Program may contain links to other independent third-party websites (“Third-party Sites”). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.

15. No Warranties

You recognize and agree that:

  1. The Beta Version of the Beta Testing Program development is not fully developed, that is to say, the Beta Version of the Beta Testing Program has not been commercially released by Reach and that it is not deemed to be considered a minimum viable product;
  2. The Beta Version of the Beta Testing Program may not be fully functional, and it is expected that it will contain errors, design flaws or other problems, including problems that may adversely impact the operability;
  3. The Beta Version of the Beta Testing Program may not be reliable during the subscription in the Beta Version of the Beta Testing Program;
  4. The Beta Version of the Beta Testing Program and its use may result in unexpected results, loss of data, electrical failures or other unpredictable damage or loss to you;
  5. Reach is under no obligation to release a commercial version of the Beta Version of the Beta Testing Program even after the signature of this Agreement; and
  6. Reach has the right to unilaterally and at its own discretion abandon development of the Beta Version of the Beta Testing Program at any time and without any obligation or liability to you or any third party.

In consideration to the above, YOU EXPRESSLY ACCEPT THAT THE BETA VERSION OF THE PROGRAM IS BEING SUPPLIED TO YOU “AS IS”. MY REACH MAKES NO WARRANTIES REGARDING THE BETA VERSION OF THE PROGRAM, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

In no event shall Reach be liable for any costs, or for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, or loss of business information) arising out of this Agreement or the use of or inability to use the Beta Version of the Beta Testing Program or the failure to provide support services, even if My Reach has been advised of the possibility of such damages.

Reach BEARS NO LIABILITY FOR ANY TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, OR FOR DAMAGES RESULTING FROM USE OF THE INFORMATION IN ANY PROVIDED DOCUMENTATION AND/OR EXAMPLES.

16. Entire Agreement

This Agreement is a legal agreement and constitutes the complete and exclusive agreement between the Parties with respect to the subject matter hereof and supersedes all prior or contemporaneous oral or written communications, representations, understandings, or agreements not specifically incorporated herein.

17. No Waiver

Reach failure to enforce any provision of this Agreement shall not in any way be construed as a waiver of any such provision or prevent it thereafter from enforcing each and every provision of this Agreement.

18. Assignment And Severability

This Agreement is personal to the Participant. Participant shall not assign or otherwise transfer any rights or obligations under this Agreement.

If any provision of this Agreement shall be found by a court to be void, invalid or unenforceable, the same shall be reformed to comply with applicable law or stricken if not so conformable, so as not to affect the validity or enforceability of this Agreement.

19. Governing Law And Venue

This Agreement shall be governed by and interpreted in accordance with the laws of Switzerland. Any claim or dispute arising in connection with this Agreement shall be resolved in the competent courts of Lausanne (Switzerland).

In the event that You might be considered as a consumer, the above governing law and venue shall not apply to You. In such a case, the governing law and venue shall be as established by consumer protection legislation.

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