Web Terms and Conditions

1. Who we are and what these terms cover

This website, www.ombori.com, including its subpages (the “Site”), is operated by Ombori AG, a Swiss stock corporation (Aktiengesellschaft) with its registered seat in Freienbach, Canton of Schwyz, Switzerland, registered in the commercial register of the Canton of Schwyz under no. CH-130-3033126-7, UID CHE-495.804.105, address Churerstrasse 80, 8808 Pfäffikon SZ, Switzerland (“Ombori”, “we”, “us”, “our”).

These Terms of Use govern your access to and use of the Site. By using the Site you agree to these terms. If you do not agree, please do not use the Site.

These terms cover the Site only. Products and services offered by companies in the Ombori group, such as the PhyStack platform (phystack.com) and PhyGrid (phygrid.com), are provided by those companies under their own terms. Any agreement you sign with us or with one of those companies takes precedence over these terms for the matters it covers.

2. Use of the Site

You may use the Site for lawful purposes and for your own information. You agree not to:

1. use the Site in a way that breaks any applicable law or regulation;
2. try to gain unauthorised access to the Site, its servers or any connected systems, or bypass any security or access-control measure;
3. interfere with or disrupt the Site, or place an unreasonable load on it, including by introducing viruses or other harmful code;
4. use robots, scrapers or other automated means to copy or extract content from the Site in bulk, except for standard search engine indexing;
5. copy, decompile or reverse engineer the Site’s software, except where the law expressly allows it;
6. remove copyright, trademark or other proprietary notices from any content;
7. use the Site to send unsolicited advertising or to collect contact details of others; or
8. impersonate any person or misrepresent your affiliation with any person or organisation.

We may restrict or block access to the Site, in whole or in part, if we reasonably believe these terms are being breached.

3. Intellectual property

The Site and its content, including text, graphics, images, videos, logos, trademarks and software, are owned by or licensed to Ombori AG or other companies in the Ombori group and are protected by Swiss and international intellectual property laws.

You may view, download and print content from the Site for your own personal or internal business information. Any other use, including reproducing, distributing, modifying or publicly displaying the content for commercial purposes, requires our prior written permission. Press materials marked as such may be used for editorial purposes with attribution.

4. Feedback and messages you send us

If you send us questions, comments, ideas or other feedback about the Site or our offerings, you agree that we may use it without obligation to you. Please do not send us confidential information through the Site or by email unless we have agreed to receive it under a confidentiality agreement.

5. Privacy

How we process personal data in connection with the Site, including cookies and analytics, is described in our Privacy Policy at https://ombori.com/web-privacy/.

The Site is operated by Ombori AG from Switzerland and delivered through a content delivery network (Cloudflare) with servers in several countries. When you use the Site, technical data such as your IP address may therefore be processed outside your country of residence. Where personal data is transferred to a country that does not offer an adequate level of data protection, we rely on appropriate safeguards as described in the Privacy Policy.

6. Third-party links and content

The Site may link to websites or content of third parties, including other companies in the Ombori group. We are not responsible for the content, availability or privacy practices of third-party websites. Their own terms and policies apply when you visit them.

7. Availability and changes to the Site

We may change, suspend or discontinue any part of the Site at any time. We do not guarantee that the Site will be available without interruption or free of errors. Information on the Site is provided for general information only, may contain errors or be out of date, and does not constitute an offer or professional advice.

8. Disclaimer

The Site is provided “as is” and “as available”. To the extent permitted by applicable law, we make no warranties or representations, express or implied, about the Site or its content, including as to accuracy, completeness, fitness for a particular purpose or non-infringement.

9. Limitation of liability

To the extent permitted by applicable law, we exclude all liability for any damage or loss arising from or in connection with the use of, or inability to use, the Site or its content, including indirect or consequential loss, loss of profit and loss of data.

Nothing in these terms excludes or limits our liability for damage caused intentionally or through gross negligence, for personal injury, or any other liability that cannot be excluded or limited under applicable law, including mandatory consumer protection law.

10. Changes to these terms

We may update these terms from time to time. The current version is always published on this page with its “Last updated” date. Changes take effect when published. If you continue to use the Site after a change, the updated terms apply to your use.

11. Governing law and jurisdiction

These terms and any dispute arising out of or in connection with them or the Site are governed by the substantive laws of Switzerland, excluding its conflict-of-laws rules and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

The exclusive place of jurisdiction is the seat of Ombori AG in Freienbach, Canton of Schwyz, Switzerland. If you use the Site as a consumer, any mandatory protection you have under the law of your country of residence remains unaffected, including your right to bring proceedings, and to be sued, at the courts of your place of residence where that law provides it.

If you have a concern about the Site, please contact us first so we can try to resolve it informally.

12. General

If any provision of these terms is found invalid or unenforceable, the remaining provisions remain in full force, and the invalid provision shall be replaced by a valid one that comes closest to its intended purpose. Our failure to enforce any right under these terms is not a waiver of that right. We may transfer our rights and obligations under these terms to another company in the Ombori group.

13. Contact

Ombori AG Churerstrasse 80 8808 Pfäffikon SZ Switzerland

UID: CHE-495.804.105 Commercial register: Canton of Schwyz, CH-130-3033126-7 Phone: +41 55 577 00 10 Email: hello@ombori.com