As of: July 2015 ( in any case, please check the german version )
The Zwooky Internet platform (hereinafter ''Zwooky'' or the ''Platform'') is a contact service or community by ZWOOKY GmbH, Buchserstrasse 5, 8108 Dällikon, Switzerland, and provides a messaging system through which users can contact one other without having to disclose personal information such as mobile number, e-mail, etc. With Zwooky, users can maintain their privacy for as long as they wish. The service is based on a personal code, the Zwooky code. The code can be used for any purpose and for any natural or legal person.
Users contact one another via the code and only via Zwooky. Zwooky forwards the message to the e-mail address entered by the user when registering. Zwooky encompasses all content, services and programs provided by the Zwooky and can be reached at the address www.zwooky.com.
Zwooky is free of advertising, and does not send ads to its users. However, a modest fee is charged for each message sent via the service.
ZWOOKY GmbH reserves the right to change parts of or the entire website at any time and without notice. If, contrary to expectations, Zwooky can no longer be operated at reasonable cost or effort for technical, legal or economic reasons, the right is reserved to discontinue Zwooky at any time (see Paragraph 14).
ZWOOKY GmbH shall be entitled to transfer the Platform in whole or in part to third parties at any time, with or without giving reasons.
2. Time of conclusion and validity of the T&Cs
These Terms and Conditions (''T&Cs'') govern the rights and obligations between ZWOOKY GmbH on the one hand and users on the other. Any terms and conditions of the user are excluded entirely.
The contract between ZWOOKY GmbH and the user is concluded at the moment the user opens a personal account on www.zwooky.com. Subject to individual agreements, these Terms and Conditions shall apply to the entire business relationship between Zwooky and the user. Individual arrangements shall be recognized only if they have been agreed in writing. By registering his user account, the user accepts the T&Cs with a click of the mouse (opt-in by clicking on the check box to confirm). If the user does not agree to the T&Cs, Zwooky cannot and may not be used.
ZWOOKY GmbH reserves the right to amend these Terms and Conditions at any time without providing a reason. Notice shall be given of changes in a timely and appropriate manner. If the user does not object to the T&Cs within two weeks, they shall be deemed accepted. ZWOOKY GmbH refers explicitly to the importance of this two-week period.
The current version of the T&Cs can be viewed at any time at https://www.zwooky.com/?ds=00.
3. Registration and user account
After registering, a user should always access Zwooky via the same social media account, as the Zwooky code (see MyZWOOKY App) is linked to this account. If a user obtains access via different social media accounts (e.g. Facebook the first time, Google+ the second time) Zwooky interprets him as a new user, and a new code may be created/purchased. However, uniform access via only one code will no longer possible.
The user shall ensure by appropriate means that his access details are not shared with unauthorized third parties. If access details are lost or disclosed to third parties, the user is obliged to contact the log-in provider, such as Google, AOL, etc., as well as Zwooky.
The user is solely responsible for the content of his User Account and hence for the information he provides about himself.
4. Creation of the code
After registering, the user may license a single personal Zwooky code per account. He may choose between three different code types:
1. Free Zwooky code, consisting of a random mixture of letters, numbers and symbols (e.g. ''ER35/O2'');
2. Paid VIP Zwooky, known as a Shorty, consisting of a word or a particular number combination or a mixture of both (e.g. USER100) chosen by the user;
3. Paid Business Zwooky, providing serial code formation based on a constant base code (usually the company name, e.g. BUSINESS#001, BUSINESS#002, etc.).
The user acknowledges the possibility that trademarks and names protected under other legal titles (company law, naming rights, etc.) may be licensed as Shorties (e.g. Coca Cola, Nestle, Jack Daniels). He further acknowledges that by registering a Shorty protected by trademark or under another legal title, he will be committing a trademark infringement and/or other violation of rights vis a vis the trademark or rightsholder. Zwooky is neither obliged nor able to check a user's rights to a Shorty. Compliance with trademark and other restrictions when selecting a suitable Shorty is the sole responsibility of the user. Likewise, the user is solely liable vis a vis the trademark owner or holder of any other protected rights for any violations.
Where a charge applies for the services of Zwooky, the amounts shall be indicated on the website in Swiss Francs (CHF), as well as Euros (€) and USD ($). These shall be converted at the exchange rate applicable according to the European Central Bank at the time the Zwooky code is purchased. The exchange rates shall be updated daily.
For users residing in Switzerland, all prices are inclusive of VAT and any other costs and fees. VAT is not included in the price for users residing outside Switzerland, and the user himself is responsible for fulfilling any VAT obligation in his country of residence.
The right is reserved to change prices at any time.
Payments shall be made online in advance via PayPal (PayPal account or credit card via PayPal). Paid services shall be activated upon receipt of payment. Immediately after payment, the user shall receive a confirmation from both Zwooky and PayPal of the (paid) licensing, or purchase, or the PayPal transaction to his e-mail address linked to the User Account. Confirmations shall be sent by e-mail only. Postal or other forms of delivery are excluded.
The user is advised that when using Zwooky via mobile devices, additional costs may be incurred by the telecommunications provider (data volume).
6. Right of cancellation
Notice of right of cancellation:
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the date of conclusion.
To exercise your right of cancellation, you must inform ZWOOKY GmbH, Buchserstrasse 5, 8108 Dällikon, Switzerland by means of a clear notification (e.g. a letter sent by post, a fax or an e-mail to email@example.com) of your decision to cancel this contract. You may use the Sample Cancellation Form attached; this is not mandatory, however.
In order to adhere to the cancellation period, it is sufficient to send the notification that you are exercising the right of cancellation before the expiry of the cancellation period.
Should you have required the services to begin during the cancellation period, you must pay us the appropriate amount - which you instruct us to do by exercising your cancellation right regarding this contract - that corresponds to the amount of services already performed up until this point compared with the overall scope of services provided in the contract.
- End of the statutory notice of right of cancellation -
Consumers shall have the right of cancellation. It shall be available again after any paid licensing of a code or credit for messages. Free Zwooky code licenses may be cancelled at any time, by deleting the code or the User Account.
The user may, but need not, use the form stored here for the notice of cancellation.
Upon receipt of the notice of cancellation, users shall receive a written confirmation from Zwooky by e-mail to the e-mail address linked to the User Account.
If a contract is cancelled, Zwooky will reimburse all payments received from the user no later than within fourteen days from the date on which the notification of cancellation of the contract is received by Zwooky. For this repayment, we will use the same method of payment used for the original transaction, unless we have explicitly agreed otherwise; under no circumstance will the user be charged any fees for this repayment.
Message credit spent during the cancellation period shall be calculated and deducted from the price to be reimbursed. Upon receiving the notice of cancellation the account and hence the Zwooky code will be deleted and the message credit will be reset its level before the credit was purchased.
7. Messages – sending and storage
If a message is sent to a Zwooky code via Zwooky, the sender will receive a copy of this message to the e-mail address linked to his User Account. The sent message will not be saved on Zwooky itself; it cannot be retrieved after being sent. It is the sole responsibility of the user to ensure that he saves the e-mails on the e-mail account to which his Zwooky messages are forwarded, and/or creates back-up copies of them. Zwooky has no access to the e-mail account of the user and therefore cannot recover messages once deleted.
Replies to a Zwooky message will likewise be sent exclusively to the inbox of the user's e-mail account that is linked to his User Account. No incoming messages will be displayed on Zwooky itself, and the exchange of messages will not be stored.
Users with a Shorty (VIP Zwooky) may configure their settings to only receive Zwooky messages in which the sender has also added his e-mail address and/or a social media nickname and profile photo. The sender of a message to a VIP Zwooky must declare his consent to the disclosure his e-mail address and/or social media nickname and profile photo before clicking to confirm sending of the message. If he does not consent, he cannot send a message to the VIP Zwooky.
Without an appropriate setting in the VIP area of Zwooky, the recipient will be notified only of the sender's Zwooky code.
8. Online File-Saving Service
For those who own a Shortie (VIP Zwooky), Zwooky provides an online file-saving service. Users can save data of their choice online via this service and make this data available via a link, which can be copied to a third-party.
The data always remains the property of the user. By using this file-saving service, users do not transfer any rights to their data to Zwooky, apart from the following, which are essential to provide this service.
Users specifically give Zwooky their permission to host their data, to save it on the Google-Cloud and to encrypt it. In this respect the user also agrees that Zwooky, for example, has access to the user's data via the search function. Zwooky reserves the right to, however is not obliged to, review the user's behaviour and the nature of the saved data in respect to compliance with terms and conditions. In cases of misconduct which contravene the terms and conditions, especially non-compliance with Number 9, Zwooky retains the right to delete the data in question without prior notification and to disable the user's account. In no way is Zwooky responsible for the content which is saved by a user and published on the online saving service.
Users are aware that and agree that Zwooky saves their data on Google Cloud Services. The data is secured with the encryption method AES-128. We would like to point out the conditions of Google Cloud Services (http://www.google.com/intl/en/policies/terms/). Zwooky will not be held liable for any lapse in security.
Users are aware that saving data online may be associated with security flaws and problems despite encryption. ZWOOKY GmbH does not accept any liability for this. It is the sole responsibility of the user to ensure that at least one safe copy of their data is always saved on other machines/file-saving services (also see Number 14).
9. User rights and obligations
This contract entitles the user to use, print, have printed, photograph, store, reproduce, etc. the licensed code on any medium for his own purposes and for the purpose of contact via Zwooky, and to disclose it to third parties and use it to identify objects.
Any other use is prohibited.
The user shall be obliged not to send any illegal or indecent messages or offer or seek any illegal or immoral services via Zwooky.
The user undertakes, in particular:
• Not to spread any defamatory, offensive or otherwise illegal material or information via Zwooky. This refers, in particular, to pornographic, racist, hate speech, or similar illegal or immoral content;
• Not to use Zwooky to harass or threaten other users, nor to violate the rights of other users or third parties (including privacy rights).
• Not to introduce into the system any data containing a computer virus (infected software) or software or other material protected by copyright, unless the user has the rights to these or the consent required for this purpose;
• Not to use Zwooky in any way that adversely affects the availability of the Platform for other users;
• Not to intercept any e-mails or other messages for other users, nor to attempt to do so;
• To send e-mails and similar messages to users exclusively for the purpose of communication and not to advertise or offer goods or services;
• Not to send any chain letters via Zwooky, nor to operate pyramid schemes, multi-level marketing, etc.
10. Liability of the user
The user shall be solely responsible for the content of his messages, particularly but not only in terms of the truthfulness of his statements as well as internal company, brand, competition, criminal law and privacy matters. Zwooky is not obliged to check the contents of messages.
Zwooky may reject and prevent the forwarding to the recipient of messages with obviously incorrect or deceitful content, or with content that is contrary to the public interest, that serves an illegal purpose or that, in the opinion of Zwooky, is indecent or defamatory.
The user shall be obliged to hold Zwooky harmless, including legal and court fees, for all claims against Zwooky by third parties due to a legal infringement by the user.
11. Copyright and other intellectual property rights
The user acknowledges that Zwooky and all components of its service are the intellectual property of ZWOOKY GmbH and are subject to and protected by intellectual property rights, particularly copyright, of Switzerland as well as international treaties. The ''Zwooky'' trademark is also registered internationally and is owned by ZWOOKY GmbH.
The user undertakes not to infringe Zwooky, all its components, its trademark, intellectual property, copyrights and other rights.
In particular, Zwooky, all of its components, the idea itself, and particularly the Zwooky font and/or the individual letters, numbers and symbols, of which it is composed may not be imitated. Its design and code may not be reproduced, nor drawings made. It may not be copied and/or duplicated in any other way, nor reproduced and/or used in a manner that goes beyond this contract with ZWOOKY GmbH. The user further undertakes not to adapt, modify, convert, or otherwise change Zwooky and in particular the Zwooky font, either in whole or with respect to individual parts, nor to create a font derived from the Zwooky font or a part thereof.
In particular, the user may not use the Zwooky font and/or the individual letters, numbers and symbols of which it is composed, that have been imitated, reproduced in design, code, or drawing, copied, and/or otherwise recreated , either to set up his own contact platform comparable to Zwooky, nor share, sell, license, or rent these etc. to or with third parties, as a whole or in the form of a single code or one or more characters.
The user undertakes not to recreate, decompile, or disassemble the Zwooky software, whether as a whole or with respect to individual parts, nor to otherwise attempt to discover the source code.
In the event of a violation, the user shall be obliged to compensate Zwooky with a penalty in the amount of three times the price for the licensing of his Zwooky code, no less than CHF 50,000 and no more than CHF 250,000. For free Zwooky codes, the penalty is CHF 50,000. Paying this amount shall not release the user from compliance with such obligations. The right to claim further damages is reserved. In the event of a violation, Zwooky shall be entitled to take legal action against the offending user without prior warning.
12. Use and protection of users' personal data
The privacy and protection of users' personal data are a top priority for ZWOOKY GmbH. Personal data is treated with particular care and in compliance with Swiss data protection and telecommunications law.
13. Liability of ZWOOKY GmbH
ZWOOKY GmbH disclaims any liability for any damages arising directly or indirectly from the use of the service or access to Zwooky or resulting directly or indirectly from the inability to use Zwooky.
ZWOOKY GmbH makes every effort to ensure the constant and proper operation of the Platform and the services offered, but does not guarantee the continuous usability and accessibility of the Platform. Nor does ZWOOKY GmbH assume any liability for technical or other delays or failures transmission.
Zwooky may contain links to other websites and/or directly integrate third-party content into Zwooky. Use of this external content is subject exclusively to the terms of the relevant third parties. ZWOOKY GmbH assumes no liability for links to or content of third-party websites.
The information published on Zwooky may change at any time. ZWOOKY GmbH assumes no liability for its accuracy.
ZWOOKY GmbH assumes no liability for any loss of data of any kind where this is lost or deleted when using Zwooky, or is wrongly sent by entering the wrong recipient's code.
ZWOOKY GmbH assumes no liability for the accuracy and legality of the information in the User Accounts of users, nor for other content generated by users. ZWOOKY GmbH assumes no liability, whether towards a user or third parties, for any misuse of information by another user or by third parties during misuse of a user's User Account.
ZWOOKY GmbH assumes no liability under any circumstance for infringements of the rights of third parties by a user (trademark, intellectual property rights, personal rights, criminal acts, etc.).
ZWOOKY GmbH assumes no liability for damage resulting from the unauthorized acquisition of knowledge of personal user data by third parties (e.g. through unauthorized access to the database by hackers). Furthermore, ZWOOKY GmbH cannot be held liable where data and information made accessible to a third party by the user himself is misused by the latter.
ZWOOKY GmbH reserves the right – but assumes no obligation – to review any content to ensure it complies with the law and, if necessary, to modify or delete it.
14. Ending and termination of this contract
The user may terminate this contract at any time without notice, either in writing or by simply ceasing to use the Platform. Under no circumstance will existing balances for Zwooky messages be refunded, subject to Paragraph 6 (Cancellation).
ZWOOKY GmbH may terminate this contract without notice if there are reasonable grounds for suspecting that the user has acted continues to act in breach of this contract, in particular by breaching the provisions in Paragraphs 8-11.
Termination without notice shall result in the user no longer being able to use Zwooky. Remaining credit for Zwooky messages will expire and will not be refunded. The User Account and the code will be deleted.
Otherwise, ZWOOKY GmbH may ordinarily terminate this contract at any time with a notice period of 3 months to the end of a month. The notice of termination shall be valid if it has been sent to the e-mail address of the user linked to the User Account. The contract shall end after the expiry of the notice period.
The user shall be required to use up any remaining credit for Zwooky messages during the notice period. After the end of the contract, any remaining credit for Zwooky messages will be refunded less bank charges. The user will be requested in the notice of termination to provide ZWOOKY GmbH with bank details for the refund within a reasonable period of time. If the user fails to do so within this period, the credit will pass to ZWOOKY GmbH and cannot be recovered.
If the user affected by an ordinary termination by ZWOOKY GmbH has licensed a paid Shorty or a business code within the last three years prior to the ending of the contract by ordinary termination, he shall receive a pro rata refund of the price for the Shorty as follows: For termination in the first year following purchase, 75% of the price will be refunded, in the second year following purchase, 50% of the price will be refunded, and in the third, 25% will be refunded accordingly. No refund entitlement shall exist any longer after the third year. Art. 77 para. 1 No. 3 of the Swiss Code of Obligations shall apply.
This refund procedure shall also apply if Zwooky can no longer operate with reasonable cost or effort due to technical, legal or economic reasons, and the Platform is removed from the network.
15. Severability clause
If any provision of these Terms and Conditions is or becomes invalid or incomplete, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a provision that fits the intent and purpose of the ineffective clause as closely as possible in a legally effective manner. The same applies to any gaps.
16. Applicable law and place of jurisdiction
This Agreement, including the matter of its conclusion and validity, shall be governed by Swiss law excluding the United Nations Convention of April 11, 1980 for Contracts for the International Sale of Goods (Vienna Purchasing Convention, CISG).
The place of jurisdiction shall be the ordinary courts of the place where ZWOOKY GmbH has its registered office. Regardless of this, ZWOOKY GmbH shall be entitled to take legal action in any other court of competent jurisdiction.
T&C downloadTo download the PDF please use a HTML5 browser and not the app