API Terms of Use

1.1. Q Point AG, Güterstrasse 20, 4900 Langenthal, Switzerland (hereinafter “Q Point”) develops and markets the web-based applications Q Plant, Q Site, and Q Directories. Q Point makes an interface to these applications (hereinafter “API”) available under the name “Q Exchange”. The API users (hereinafter “User”) undertake to observe these Terms of Use.

1.2. Application of the User’s general terms and conditions is excluded.

2.1. The API allows the User to procure data from Q Point products and/or enter data in Q Plant.

2.2. The API is accessible exclusively via the internet and the API function therefore depends on a functioning internet connection. The necessary system requirements and the technical parameters of the API result from the performance description available at http://developer.q-point.com, which forms an integral part of these API Terms of Use.

3.1. The User acknowledges that the API and associated documentation is protected under copyright law. The User is granted a right of use to the API and the documentation only within the scope set out in these API Terms of Use.

3.2. The User is granted a non-exclusive right to use the API in accordance with the technical parameters and the performance description; this right of use may be revoked at any time.

3.3. The User is granted the right to make software that accesses the API available to third parties, provided the User requires such third parties to abide by the obligations resulting from these API Terms of Use. Any other form of granting sub-licenses is prohibited.

4.1. The User is granted the rights pursuant to these API Terms of Use free of charge and for an indefinite term. Q Point may terminate these rights at any time without having to observe a notice period.

5.1. The User is granted the rights pursuant to these API Terms of Use free of charge and for an indefinite term.

6.1. The User undertakes to keep all access keys for the API confidential and to protect them against unauthorised access by third-parties. If the User has reason to suspect that the access keys were disclosed to a third party in any way, the User shall report his suspicions to Q Point without undue delay. Q Point will in this case provide the User with new access keys, which must be used by the User.

6.2. The User must provide full and accurate information to Q Point when registering and/or activating the account.

6.3. The User undertakes to refrain from any actions that may jeopardise the functionality or operation of the API. The User is in particular prohibited from scanning or testing weaknesses in the API, from circumventing the API's security systems or access systems and from infecting the API with malicious software code.

7.1. Q Point does not assume any warranty or liability for the accuracy, completeness and currency of any data provided by third parties. Q Point also assumes no warranty or liability for the API speed, data losses or the accuracy of the data provided.

7.2. The User acknowledges that the API can be used to enter into contracts under civil law. The User is therefore required to restrict use of the API to persons who are authorised to access the data and authorised to use the API for the purpose of concluding contracts under civil law.

7.3. The warranty period is six months from the date the data are made available. The warranty shall in all other respects be governed by the statutory provisions.
7.4. The liability of Q Point and its vicarious agents for breach of contract is limited to damages resulting from wilful intent or gross negligence. This does not apply to damages resulting from injury to life, limb or health. Liability for lost profits and consequential damages is excluded. This also applies in cases of delayed performance and if the performance is rendered impossible.

7.5. Any liability of Q Point invoked for other reasons is in any case limited to the amount paid by the User in the 6 months prior to the event invoking liability. If the amount paid by the User exceeds EUR 3,000.00, the liability shall be limited to EUR 3,000.00.

8.1. Full information about data protection is made available to the User at [enter URL]

9.1. Q Point is authorised to send the User advertising emails for similar products or services. The User may at any time and without repercussions object against receiving these promotional messages, e.g. by sending an email request to support@q-point.com

10.1. Headings used in these API Terms of Use serve the purpose of providing the reader with a better orientation, but are not to be construed as limiting or modifying the contractual provisions following them.

10.2. All legal disputes resulting from this Agreement are exclusively governed by the law of the Swiss Confederation. Application of the UN sales law and the choice of law rules under Swiss Private International Law is excluded.

10.3. The agreed place of performance is at the registered office of Q Point AG.

10.4. The exclusive place of jurisdiction for legal disputes arising from and in connection with this Agreement is the court holding material jurisdiction in 4900 Langenthal, Switzerland.

10.5. Each Party shall notify the other Party of any changes in its business address and/or address for service and fax number in writing by registered mail. Prior to receipt of such notice of change in a Party’s particulars, the Parties are authorised to serve notices and declarations on the other Party at the business address and/or address for service and/or fax number known at that time, with proper service deemed effected at that place.

10.6. Modifications and/or amendments to the API Terms of Use are only legally effective if made in writing; this also applies to a waiver of or exemption from this provision requiring the written form.

10.7. In the event individual provisions stipulated in these API Terms of Use are or become legally ineffective, unenforceable and/or invalid, the effectiveness, enforceability and/or validity of the remaining provisions stipulated in these API Terms of Use shall remain without prejudice. The Parties undertake to replace the ineffective, unenforceable and/or invalid provision by such provision as comes closest to the purpose of the ineffective, unenforceable and/or invalid provision.