UPDATED: March 18, 2022
EFFECTIVE: April 1st, 2022
Aposphere, (“Aposphere,” “we,” “our”) offers a variety of team planning, productivity, data management, collaboration, and organizational tools available online, including via mobile application(s) (collectively, the “Service”), and websites, including but not limited to www.aposphere.com, blog.aposphere.com, community.aposphere.com (the “Website(s)”).
Aposphere has three different types of users depending on the Aposphere products used:
IMPORTANT NOTICE: DISPUTES ABOUT THESE TERMS AND THE SERVICE AND WEBSITES PROVIDED BY APOSPHERE MAY BE SUBJECT TO ARBITRATION.
We may, from time to time, modify these Terms. Please check this page periodically for updates. If you do not agree to, or cannot comply with, the modified Terms, you must stop using the Service and Websites. The updated Terms will take effect upon their posting and will apply on a goingforward basis, unless otherwise provided in a notice to you, and except as provided in the Mandatory Arbitration Waiver section of these Terms. Your continued use of the Service and Websites after any such update constitutes your acceptance of such changes.
To use the Service and Websites you must be, and represent and warrant that you are, at least  years of age and competent to agree to these Terms. If Aposphere has previously prohibited you from accessing or using the Service and Websites, you are not permitted to access or use the Service and Websites.
To access the Service and Websites, you must register for an Aposphere account by creating a user name and password. You agree to provide us with accurate, complete, and current registration information about yourself. It is your responsibility to ensure that your password remains confidential and secure. By registering, you agree that you are fully responsible for all activities that occur under your user name and password. We may assume that any communications we receive under your account have been made by you. If you are a billing owner, an administrator, or if you have confirmed in writing that you have the authority to make decisions on behalf of a Customer (“Account Administrator”), you represent and warrant that you are authorized to make decisions on behalf of the Customer and agree that Aposphere is entitled to rely on your instructions.
You are responsible for notifying us at email@example.com if you become aware of any unauthorized use of or access to your account. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account. Aposphere will not be liable for any loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of someone else using your password or account, either with or without your knowledge and/or authorization, and regardless of whether you have or have not advised us of such unauthorized use. You will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by Aposphere or a third party due to someone else using your account. In the event that the Account Administrator or Customer loses access to an account or otherwise requests information about an account, Aposphere reserves the right to request from the Account Administrator or Customer any verification it deems necessary before restoring access to or providing information about such account in its sole discretion.
The Service and Websites are owned and operated by Aposphere and contain materials (including all software, design, text, editorial materials, informational text, photographs, illustrations, audio clips, video clips, artwork and other graphic materials, and names, logos, trademarks and services marks) which are derived in whole or in part from materials supplied by Aposphere and its partners, as well as other sources, and are protected by Swiss copyright laws, international treaty provisions, trademarks, service marks and other intellectual property laws. The Service and Websites are also protected as a collective work or compilation under Swiss copyright and other law and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service and Websites. You acknowledge that the Service and Websites have been developed, compiled, prepared, revised, selected, and arranged by Aposphere and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of Aposphere and such others. You agree to protect the proprietary rights of Aposphere and all others having rights in the Service and Websites during and after the term of these Terms and to comply with all written requests made by Aposphere or its suppliers and licensors (collectively, “Suppliers”) of content or otherwise to protect their and others’ contractual, statutory, and common law rights in the Service and Websites. You agree to notify Aposphere immediately upon becoming aware of any claim that the Service and Websites infringe upon any copyright, trademark, or other contractual, statutory, or other legal rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including without limitation rights in and to all applications and registrations relating to the Service and Websites shall, as between you and Aposphere, at all times be and remain the sole and exclusive property of Aposphere. Any unauthorized use of any material contained on or through the Service and Websites may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
The Service allows you to create/manage programs, projects, logical models, tasks, data sets and submit/integrate associated information, text, files, as well as other resource-materials (collectively, “User Content”) and to share that User Content with others. User Content submitted or otherwise made available to the Service is subject to the following terms:
Content submitted to the Service by Subscribers (“Subscriber User Content”) is owned and controlled by the Customer as set forth in the introduction to these Terms and the Customer Agreement, except with respect to Subscriber User Content submitted by students pursuant to a Customer Agreement with an educational institution (“Student Content”). Such Student Content is owned by the student and not the educational institution. Aposphere maintains a limited, non-exclusive and non-transferrable (except in connection with the sale or transfer of its business) license to access, use, copy, reproduce, process, adapt, publish, transmit, host, and display Subscriber User Content for the following limited purposes: (i) to maintain, provide and improve the Service; (ii) to prevent or address technical or security issues and resolve support requests; (iii) to investigate when we have a good faith belief, or have received a complaint alleging, that such Subscriber User Content is in violation of the Customer Agreement or these Terms; (iv) to comply with a valid legal subpoena, request, or other lawful process that meets the requirements of the Customer Agreement and other guidelines written by us as relevant; and (v) as otherwise set forth in our Customer Agreement or as expressly permitted in writing by the Customer.
The Websites may have certain features that allow you to submit comments, information, and other materials (collectively, “Feedback”) to Aposphere and share such Feedback with other users, or the public. By submitting Feedback through the Websites, you grant Aposphere a license to access, use, copy, reproduce, process, adapt, publish, transmit, host, and display that Feedback for any purpose (including in testimonials or other Aposphere marketing materials and where required to do so by law or in good faith to comply with legal process.). We reserve the right to remove any Feedback posted in public forums for any reason at our sole discretion.
You acknowledge and agree that you have all required rights to submit User Content and Feedback without violation of any third-party rights. You understand that Aposphere does not control, and is not responsible for, User Content or Feedback, and that by using the Service and/or Websites, you may be exposed to User Content or Feedback from other users that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Please also note that User Content and Feedback may contain typographical errors, other inadvertent errors or inaccuracies. You agree that you will indemnify, defend, and hold harmless Aposphere for all claims resulting from User Content or Feedback you submit through the Service and/or Websites. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event you will cooperate with us in asserting any available defenses.
All Users must comply with the following rules regarding acceptable use of the Service and Websites. You may not:
Misuse of the Service and Websites. You may not utilize the Service and Websites to carry out, promote or support:
User Content Standards Within the Service and Websites. You may not post any User Content on the Service or Websites that:
Violations of this Section 5. In addition to any other remedies that may be available to us, Aposphere reserves the right to take any remedial action it deems necessary, including immediately suspending or terminating your account or your access to the Service or Websites, upon notice and without liability for Aposphere should you fail to abide by the rules in this Section 5 or if, in Aposphere’s sole discretion, such action is necessary to prevent disruption of the Service or Websites for other users. If you are a Subscriber, Aposphere reserves the right to notify the Customer’s Account Administrator(s) or other Customer representative(s) of any violations of these Terms.
THE SERVICE AND WEBSITES AND USER CONTENT, WHETHER PROVIDED BY APOSPHERE, ITS LICENSORS, ITS VENDORS OR ITS USERS, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THE SERVICE AND WEBSITES ARE PROVIDED “AS IS” WITHOUT WARRANTY, REPRESENTATION, CONDITION, OR GUARANTEE OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, REPRESENTATIONS, CONDITIONS OR GUARANTEES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ALL OF WHICH ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. SPECIFICALLY, BUT WITHOUT LIMITATION, APOSPHERE DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THE SERVICE AND WEBSITES IS FREE OF ERRORS; (ii) THE FUNCTIONS OR FEATURES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING, AND UPLOADING OR INTEGRATION OF USER CONTENT) WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THE SERVICE AND WEBSITES OR THE SERVER(S) THAT MAKE THE SERVICE AND WEBSITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL APOSPHERE OR ITS AFFILIATES, LICENSORS, VENDORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES), ARISING OUT OF OR IN CONNECTION WITH THE SERVICE AND WEBSITES, ANY MATERIALS, INFORMATION, OR RECOMMENDATIONS APPEARING ON THE SERVICE AND WEBSITES, OR ANY LINK PROVIDED ON THE SERVICE AND WEBSITES, WHETHER OR NOT APOSPHERE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER BASED UPON WARRANTY, CONTRACT, ANY APPLICABLE SITUATION THAT WOULD BE RECOGNISED AS A TORT IN COMMON LAW OR ITS EQUIVALENT IN SWISS CIVIL LAW, STRICT LIABILITY, VIOLATION OF STATUTE, OR OTHERWISE. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE SERVICE OR WEBSITES TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A PRODUCT OR SERVICE, €100 OR ITS SWISS EQUIVALENT. APOSPHERE DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE AND WEBSITES OR ANY WEBSITE FEATURED OR LINKED TO AND/OR THROUGH THE SERVICE AND WEBSITES, AND APOSPHERE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICE AND WEBSITES. APOSPHERE WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. YOU VOLUNTARILY ASSUME THE RISK OF HARM OR DAMAGE FROM THE FOREGOING. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW. PLEASE ALSO NOTE THAT WE PROVIDE THE SERVICE AND THE WEBSITES FOR YOUR INTERNAL USE ONLY. WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION OR LOSS OF OPPORTUNITY THAT RESULTS FROM YOUR USE OF THE SERVICE AND THE WEBSITES OR FROM THE FACT THAT YOU PLACE YOUR RELIANCE ON THEM. THE INFORMATION PRESENTED ON OR THROUGH THE SERVICE AND THE WEBSITES IS MADE AVAILABLE TO YOU FOR GENERAL INFORMATIONAL PURPOSES ONLY. WE DO NOT ENDORSE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS, THEREFORE, STRICTLY AT YOUR OWN RISK.
You understand that we cannot and do not guarantee that files available for download from the Internet or from our Service or Websites will be free of viruses or other malware. You are responsible for implementing sufficient control procedures to meet your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Service and the Websites for any restoration of lost data.
The Service and Websites may provide (1) information and content provided by third parties; (2) links to third-party websites or resources, such as sellers of goods and services; and (3) third-party products and services for sale directly to you. Aposphere is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for (i) any content, advertising, products, or other materials on or available from such sites or resources, (ii) any errors or omissions in these websites or resources, or (iii) any information handling practices or other business practices of the operators of such sites or resources. You further acknowledge and agree that Aposphere shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any linked sites or resources. Your interactions with such third parties will be governed by the third parties’ own terms of service and privacy policies, and any other similar terms.
Aposphere reserves the right at any time to modify or discontinue, temporarily or permanently, the Service and Websites (or any part thereof), with or without notice. You agree that Aposphere shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service and Websites.
Please note that these Terms, and their subject matter and formation, are governed by the laws of Switzerland.
You may contact Aposphere by email at firstname.lastname@example.org if you have any complaints or disputes regarding the Service. You and Aposphere shall use reasonable efforts to resolve any dispute, claim, question or disagreement through consultation and good faith negotiation. These dispute resolution formalities are a prerequisite to any legal action or other form of complaint by a party. If we are unable to agree to a resolution within 30 days of the time Informal Dispute Resolution is implemented, and to the extent permitted by applicable law, all disputes, demands, claims or actions between you and Aposphere relating to or arising out of the Services shall be subject to the exclusive jurisdiction of the courts of Switzerland.
If we fail to insist that you perform your obligations under these Terms, or if we do not enforce our rights, or if we delay in doing so, this does not mean that we have waived those rights and that you are not bound by your obligations. Any waiver to take any action against a failure or violation on your part will only be in writing and will in no way constitute an automatic waiver of any action taken in sanction of a future failure on your part.
Each of the provisions of these Terms operates separately. If a court or a competent authority sanction one of the clauses for illegality or unenforceability, the other clauses will remain in full force.
The titles of the sections of these Conditions are provided for information only and have no legal or contractual effect.
We may notify you by email, on the Service and Websites, or by any other method we choose. Such notice shall take effect upon dispatch. If you wish to notify us, such notification will be effective upon receipt and you must use the following electronic address: email@example.com.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
This Section 14 is intended to be interpreted broadly and governs any and all disputes between us including but not limited to claims arising out of or relating to any aspect of the relationship between us; claims that arose before these Terms or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of these Terms. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and court claims for certain smaller amounts which may follow a fixed procedure analogous to those of Small Claims Courts in England, as provided below.
Most disputes can be resolved without resort to arbitration. If you have any dispute with us, you agree that before taking any formal action, you will contact us at firstname.lastname@example.org and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account). Except for intellectual property and court claims for certain smaller amounts which may follow a fixed procedure analogous to those of Small Claims Courts in England, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with Aposphere, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
If the parties do not reach an agreed-upon solution within a period of sixty (60) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, (except as provided in section 14.4 below) subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including the Terms’ formation, performance, and breach), the parties’ relationship with each other, and/or your use of Aposphere shall be finally settled by binding arbitration administered by the relevant authority in Switzerland. If you are a resident of Switzerland arbitration may take place in the canton of Zurich. This also applies to individuals residing outside Switzerland; arbitration shall be initiated in the canton of Zurich and you and Aposphere agree to submit to the personal jurisdiction of the relevant Swiss arbitration courts.
Litigation of Intellectual Property and court claims for certain smaller amounts which may follow a fixed procedure analogous to those of Small Claims Courts in England. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in in the relevant Swiss Courts to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in the relevant Swiss Courts for disputes or claims within the scope of that court’s jurisdiction.
You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to email@example.com with the subject line, “ARBITRATION WAIVER OPT-OUT.” The notice must be sent within the later of 30 days of your first use of the Service or within 30 days of changes to this section being announced on the Site. Otherwise you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, Aposphere also will not be bound by them.
Aposphere will provide thirty (30) days’ notice of any changes to this section by posting on the Service and Websites. Amendments will become effective thirty (30) days after they are posted on the Service and Websites or sent to you by email. Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day.
This Mandatory Arbitration Waiver section shall survive any termination of your use of the Service and Websites.
These Terms shall be construed in accordance with and governed by the laws of Switzerland notwithstanding its conflicts of law principles. Any dispute arising out of these terms and conditions or the use of this site shall be initiated and conducted in the state or federal courts of Switzerland , and you and Aposphere consent to the exclusive jurisdiction of such courts.
Under no circumstances shall Aposphere or its licensor or supplier be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control.
No waiver of any provision of these Terms will be binding unless in writing, no waiver of any provisions of these Terms will be deemed a further or continuing waiver of such provision or any other provision, and the failure of Aposphere to exercise or enforce any right or remedy in these Terms does not waive that right or remedy. If an arbitrator or a court of competent jurisdiction finds any provision of these Terms to be invalid, the parties agree that the court should endeavor to give effect, to the maximum extent permitted by law, to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect.
You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service and Websites and/or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
These Terms (and all terms and conditions incorporated herein) constitute the entire agreement between you and Aposphere and govern your use of the Service and Websites, and supersede any prior agreements between you and Aposphere on the subject matter. These Terms, and any rights or licenses granted hereunder, may not be assigned or delegated by you. These Terms, and any rights or licenses granted hereunder, may be assigned or delegated by Aposphere without restriction. These Terms bind and inure to the benefit of each party and the party’s successors and permitted assigns. These Terms may not be modified by an oral statement by a representative of Aposphere. No agency, partnership, joint venture or employee-employer relationship is intended or created by these Terms. You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form. The section titles in these Terms are for convenience only and have no legal or contractual effect. Any provision of these Terms that by its nature is reasonably intended to survive beyond termination of these Terms shall survive.
We may deliver notice to you by e-mail, posting a notice on the Service and Websites or any other method we choose and such notice will be effective on dispatch. If you give notice to us, it will be effective when received and you must use the following email address: (1) firstname.lastname@example.org.
If you have any questions about these Terms, please contact us at email@example.com.
At Aposphere, Form follows Function: We offer ready-to-use platforms, but we are also open to discuss your very specific idea.