Terms & Conditions

General Terms and Conditions for use of the Samibeli video platform

Last updated: 10 September 2021

These are the general terms and conditions (the “Terms”) of Samibeli AG (“Samibeli”). Your use of the Samibeli Service (as defined below) implies your acceptance of these Terms. We ask that you read them carefully. If you have any questions, please do not hesitate to contact us.

Samibeli provides an online video hosting platform (the “Platform”) that enables users to access, view, upload, store and share videos. The Samibeli Service (as defined below) is made up of the Samibeli website, the Samibeli video player that is embeddable into any website, the Samibeli apps and web-apps as are accessible via any current or future device capable of distributing the Samibeli website and/or the Sambeli video player, and more generally any Samibeli products, content, channels, software, data feeds, services and functionality (the ”Samibeli Service”). Samibeli offers the Samibeli Services on the condition that you accept these Terms. By making use of the Samibeli Services (e.g. by installing or using our apps, website), you agree to and accept to be bound by these Terms and other terms including but not limited to Samibeli’s privacy policy (incorporated herein by reference). Samibeli may amend these Terms from time to time at its own discretion. By continuing to making use of the Samibeli Services, you agree to and accept to be bound by the latest version of the Terms. The latest version of the Terms always applies between Samibeli and you, as accessible at any time on the homepage of the Samibeli website, and incorporated herein by reference, (all collectively, the “Terms”). You may not use the Samibeli Service if you do not accept any of the Terms.

1 Samibeli: How does it work?

1.1 Samibeli provides the Platform, an online video hosting platform that enables users to access, view, upload, store and share videos.

1.2 By accessing and/or using the Samibeli Service, without being logged into your Samibeli Account (as defined below), you will be a visitor (the “Visitor”). As a Visitor, you will only have the ability to access and view videos available on the Samibeli Service, but will not be able to benefit from all the other features available on the Samibeli Service. A Samibeli account means the account that can be created by signing up for a Samibeli account via samibeli.com (the “Samibeli Account”).

1.3 If you want to be able to upload videos, consume Paid Content (as defined below) and access some other features of the Samibeli Service, you will need to first create a Samibeli Account and have your email address and/or mobile phone number validated. After a successful validation of your email address/mobile phone number you will then be a user (the “User”).  

1.4 Information provided by you to create your Samibeli Account must be accurate and complete. In order for Samibeli to verify that the email address you provided is valid, you will receive an email from Samibeli asking you to validate your email address. In order for Samibeli to verify that the mobile phone number you provided is valid, you will receive a text message from Samibeli providing you with an code in order to validate your mobile phone number. 

1.5 By creating a Samibeli Account, you agree that you alone will be responsible (to Samibeli and to others) for all activity that occurs under your Samibeli Account. The user id (your validated email address / mobile phone number) and password which are necessary to access the Samibeli Account and the features associated with it are your sole responsibility and it is your obligation to keep them confidential.

1.6 As a User, you will also have the ability to access some more additional features from the Samibeli Service.

1.7 If you successfully applied and accepted the terms of the Samibeli Tour guide program, you will then be a tour guide (the “Tour Guide”) and will have the opportunity to monetize your content uploaded on your Samibeli Account (the “Paid Content”). For the avoidance of any doubt, Paid Content shall be part of the User Content. 

1.8 If you are a User, you may notably upload video files (which must be compliant with these Terms) on the Samibeli Service, and have a nickname and an avatar that will be associated with your Samibeli Account. Any and all elements posted by you on the Samibeli Service are deemed to be “your content.”

1.9 Only Tour Guides have the ability to upload Paid Content via the Platform. The Tour Guide determines and defines the content, the duration and the form of the videos uploaded.

2 The role of Samibeli

2.1 Samibeli provides the Platform for uploading videos and the interaction of Users and acts as intermediary between Users and Tour Guides. Samibeli does not actively monitor any videos or endorse any content created by Tour Guides and Users on the Platform (the “User Content”).

2.2 Samibeli may remove User Content and the user profile at its sole discretion, including but not limited to the ground that it violates these Terms. Removing User Content or terminating an account is not an action Samibeli takes lightly, and Samibeli may take a while to investigate and determine if User Content or an account should be removed. It is at Samibeli‘s sole discretion whether to discuss the reasons regarding the removal of User Content, including the removal of an User account.

2.3 Samibeli is not a financial institution, creditor and/or charity: the main purpose of the Samibeli Service is to administrate the Platform. Samibeli has a collection mandate from the Tour Guides, according to which Samibeli undertakes to take over the collection of the purchase price made by the User to consume Paid Content. Samibeli collects due claims on behalf of the Tour Guides as a direct authorized representative.

2.4 All information and content provided by Samibeli relating to the Samibeli Service is for information purposes only and Samibeli does not guarantee the accuracy, completeness, timeliness or reliability of any such information or content. No content is intended to serve as financial, legal, tax or other professional advice. You acknowledge that all information and content accessed by you using the Samibeli Service is at your own risk. 

2.5 Samibeli has no control over the conduct of, or any information provided by, a User or a Tour Guide and hereby disclaims all liability in this regard to the fullest extent permitted by applicable law. Samibeli offers the Platform to help Tour Guides to monetize their activities. Samibeli does not guarantee that a video of a Tour Guide will satisfy you. Samibeli merely provides the technology to allow Tour Guides to connect with Users.

3 Intellectual Property Rights

3.1 Your intellectual property rights: For the entire period during which your User Content is hosted on the Samibeli Service, you grant to Samibeli, and transferable to its affiliates, the non-exclusive rights to reproduce, represent, stream, replay (including offline display without permanent download), exploit, exhibit, show, market, sub-license, distribute and to technically modify and compress your User Content as is necessary for the purposes of the viewing and/or streaming of your User Content on the Samibeli Service. 

By making your User Content accessible on the Samibeli Service, you agree to allow any Visitors and Users of the Samibeli Service, to view and to share your User Content through the Samibeli video player on or through any declination of the Samibeli Service, as accessible (online or offline) via any current or future device capable of distributing the Samibeli Service by any means of access, including but not restricted to computers, smartphones, tablets, TV devices, IPTV platforms and/or game consoles free-of-charge.

By making your User Content accessible on the Samibeli Service, you grant to Samibeli, and transferable to its affiliates, the non-exclusive right to store your User Content and publish them on the on the Samibeli Service at any time at Samibeli’s sole discretion and even after a removal or termination of your Samibeli Account. 

Despite this allowance, your User Content shall always remain your property. Please note that due to the nature of the internet and digital media, data transmitted – including your content – cannot be protected against risks of misappropriation and/or piracy, for which Sambeli shall not be liable. You are responsible for taking all appropriate steps to protect your data, where applicable.

3.2 Samibeli’s intellectual property rights: We grant you a personal, non-exclusive, non-transferable, non-sub-licensable and revocable right to access and use the Samibeli Service, the right of which is dependent upon your compliance with these Terms.

The content (other than your User Content and other users’ content) included on or accessible through the Samibeli Service, such as text, graphics, logos, names, designations, button icons, features, functionalities, images, audio clips, information, data collected from the Samibeli Service, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material and software (the “Samibeli Content”), is the exclusive property of Samibeli and its licensors, and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and subject to applicable laws and regulations.

Samibeli Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Samibeli or Samibeli’s licensors. You agree to not use or exploit the Samibeli Content in any manner inconsistent with any of the rights granted or restrictions set forth herein, including, without limitation, prohibitions on downloading, redistribution, alteration, deletion and deactivation of any content protection mechanisms. You are not allowed to modify, enhance, edit, translate, adapt, reverse engineer, decompile, disassemble, or create derivative works based upon or otherwise alter in part or in full any Samibeli Content.

All rights not expressly granted in the Terms are reserved to Samibeli and its licensors.

4 Terms for Tour Guides and Users with regard to Paid Content

General

4.1 Only verified Tour Guides can upload Paid Content for which Users have to pay. A Tour Guide must be established within a country that is not on the UN or Swiss sanction list (as applicable from time to time). Once a Tour Guide is verified, they can upload videos for which Users have to pay. 

4.2 Samibeli may require Tour Guide to furnish such documents and personal information so as to prove applicants’ identity, status, and/or eligibility for the verified status. Samibeli reserves the right to reject applications for Tour Guide, if the Tour Guide does not furnish such documents or information to Samibelis’s satisfaction. Tour Guides shall promptly provide to Samibeli and its service providers all documents and information requested by Samibeli and its service providers to fulfil its AML/CFT requirements under any applicable law.

4.3 As a Tour Guide, you must:

(a) not use the Platform to solicit or recruit volunteers or employees for your business;

(b) promptly answer any questions or provide any information or evidence requested by Samibeli to ensure the quality of the Tour Guide;

(c) keep your Samibeli Account updated with accurate information;

(d) complete all videos for which payments are collected via the Platform substantially in line with the information set out on your Samibeli Account;

(e) correctly calculate and remit all taxes (including GST/VAT), levies or similar, if any, which are applicable to the Tour Guide;

(f) comply continuously with all laws, legislation, rules, regulations and industry standards applicable to you as a Tour Guide (especially having the necessary licenses to name yourself as a “Tour Guide” under local applicable law);

4.4 To qualify as a Tour Guide, you must fulfil, among others, the following criteria and provide the following information (which are subject to change at Samibeli’s sole discretion):

(a) Valid Email, valid phone number;

(b) Valid PayPal account;

(c) Instagram profile, Facebook profile, and/or LinkedIn profile;

(d) personal blog or website;

(e) answering certain additional questions.

4.5 If you build a profile for your Samibeli Account on the Platform, you must ensure that any information you provide to the public is accurate and not misleading. It is your responsibility to ensure that the content you are uploading on your page, including inter alia pictures, photographs and any videos, is your original work and/or you have the right and/or licence necessary to upload it and it is not copyright-protected. If it is copyright-protected, you must obtain the copyright owner’s written consent to use it. Samibeli reserves the right to remove any pictures, photographs, videos at its sole discretion and without notice if their copyright status is in any doubt. If you suspect a breach of copyright on the Platform, please email us at: support@samibeli.com.

Relationship Samibeli and Tour Guide

4.6 As a Tour Guide, when you are uploading Paid Content on the Platform, you understand that you are entering into separate legal agreements with both Samibeli and with Users, and the following rules apply.

4.7 As a Tour Guide, you are solely responsible for fulfilling the obligations out of your Paid Content. If you are unable to perform on this, or any of your other legal obligations, you may be subject to legal action by Users.

4.8 Samibeli cannot guarantee the accuracy and /or completeness of the Tour Guides Paid Content. Samibeli does not give any representation or warranty with respect to the Paid Content or the Tour Guide.

4.9 Samibeli is compensated for its intermediary service via the Fee (as defined below), paid by the Tour Guide. Samibeli herewith has a collection mandate from the Tour Guide, according to which Samibeli undertakes to take over the collection of the purchase price promises made by the User when purchasing Paid Content from the Tour Guide. Samibeli collects due claims on behalf of the Tour Guides as an authorized representative. Samibeli acts as the direct representative of the Tour Guide in this regard. Samibeli is compensated by the Tour Guide for this service. The incoming debt payments are processed via a Samibeli account and forwarded to the Tour Guide after deduction of the Fees (as defined below).

Relationship User and Tour Guide

4.10 As a User you can purchase and consume Paid Content from Tour Guides. All purchases are made voluntarily and at the sole discretion and risk of the User. Samibeli does not guarantee that the Paid Content will be deemed satisfactory. Taking into account the Fees (as defined below) in clause 9, you purchase Paid Content from a Tour Guide, not from Samibeli. 

4.11 Samibeli introduces Tour Guides to User. Payments for Paid Content can be made via apple pay or google pay. The payments are processed by a payment service provider Samibeli elects to engage (the “Payment Service Provider”). The terms and conditions of the Payment Service Provider apply to the payments made. Payments cannot be made by any other method.

4.12 The Tour Guide is solely responsible for fulfilling the obligations out of the Paid Content. If the Tour Guide is unable to perform on this, or any of your other legal obligations, the Tour may be subject to legal action by Users.

Samibeli Account

4.13 Anyone can access our Platform. However, to consume or upload Paid Content you will need to register by signing up and creating a Samibeli Account. To be able to consume or upload Paid Content, you must provide further information such as your name, surname, nickname, birthday, gender and email address or mobile phone number. The personal information is used as part of the authentication process. Failure to provide the personal information may result in the restriction of the User’s use of the Samibeli Service. If Samibeli suspects that the personal information is invalid, Samibeli may suspend, terminate,      or otherwise restrict the User’s use of the Samibeli Service.

4.14 Users should be aware that Samibeli may, at any time and without notice, at its sole discretion terminate or suspend the Account, including if Samibeli has cause to believe such User is not compliant with these Terms and/or any applicable laws.

4.15 You must be eighteen (18) years or older to consume or upload Paid Content.

4.16 Users should take care of their account passwords and personal data and should not provide these to third parties. If a User suspects that his/her account has been infringed, the User reports this immediately via support@samibeli.com. 

4.17 Once you have an Account, you acknowledge and agree that:

a) the information you provide to Samibeli during account creation and any subsequent identity verification processes (such as Know Your Customer, “KYC“) is accurate, authentic and complete, and will be updated in a timely manner as necessary to keep it so;

b) if you are under eighteen (18) years of age, you are not authorized to use the Samibeli Service;

c) you have the obligation to keep all information provided up to date, updating it if there are any changes.

5 Samibeli’s obligations as a host 

5.1 In its capacity as a web hosting service provider, Samibeli is under no legal obligation to monitor content uploaded on the Samibeli Service, nor obligated to actively seek facts or circumstances indicating illegal content, but shall forthwith remove or disable access from its Samibeli Service to any infringing content once having been notified of its existence.

5.2 You agree that your use of the Samibeli Service shall be at your sole risk and liability. In this regard, you are solely responsible for (i) your use of the Samibeli Service and more specifically for your User Content, and (ii) the protection of its computer hardware against any virus or interruption.

5.3 You acknowledge and agree that the Samibeli Service, in whole or in part (including, without limitation, the look and feel, the thematic channels, the functionality, and/or the Samibeli video player), on and through which User Content will be distributed is provided “AS IS” without warranty, provided that Samibeli may enhance, modify and update the Samibeli Service at its sole discretion. For the sake of clarity, you shall not be entitled to request any modification to the Samibeli Service. 

5.4 Samibeli, its affiliated companies, officers, directors, employees, agents, vendors and suppliers (the “DM Parties”) disclaim all warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement to the fullest extent permissible under applicable law. The DM Parties also disclaim all warranties, take no responsibility and assume no liability for the content present on the Samibeli Service, including but not limited to any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography or profanity you may encounter on the Samibeli Service. The DM Parties make no warranty or representation that the Samibeli Service or its functionalities or technology, in whole or in part, will be uninterrupted, error-free or secure, including with respect to the delivery of your content and/or any limitations on your or any other Visitors ability to access, view or use User Content or any other content, or that any information obtained from the Samibeli Service will be accurate or reliable.

5.5 Samibeli shall not be held responsible in any case for (i) any malfunctions, inherent of the nature of the Internet, in the access and/or the use of the Samibeli Service, (ii) or any default of its obligations caused by force majeure or an unintentional cause. Unless otherwise stated herein, Samibeli does not grant you any guarantee of any kind, whether expressly or implicitly, in any area, including and in particular any guarantee of fitness for a particular purpose.

5.6 Nothing herein shall exclude or limit Samibeli’s liability for losses which may not be lawfully excluded or limited by applicable law. Subject to this overall provision above, Samibeli shall not be liable for: (a) any indirect or consequential losses which may be incurred by you. This shall include; (i) any loss of profit (whether incurred directly or indirectly); (ii) any loss of goodwill or business reputation; (iii) any loss of opportunity; or (iv) any loss of data suffered; (b) any loss or damage which may be incurred as a result of: (i) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Samibeli Service; (ii) any changes which Samibeli may make to the Samibeli Service, or for any permanent or temporary cessation in the provision of the Samibeli Service (or any of its features); (iii) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Samibeli Service; (iv) your failure to provide Samibeli with accurate account information (v) your failure to keep your password or your accounts details secure and confidential.

5.7 The limitations on Samibeli’s liability defined in this section shall apply whether or not Samibeli has been advised of or should have been aware of the possibility of any such losses arising. Some jurisdictions limit or do not allow the disclaimer of warranties or damages so the above disclaimer may not apply to the extent such jurisdiction’s law applies to this agreement.

6 Restrictions related to your use of the Samibeli Service and its related technologies

6.1 In view of the user-driven nature of the Samibeli Service, and out of consideration for the general public, you are responsible for maintaining certain ethical standards respecting the content you upload on the Samibeli Service. You represent and warrant as an essential condition that your User Content, and any images, data and/or text which you may disseminate through the Samibeli Service: (i) contains no child pornography; dangerous or illegal acts (including but not limited to incitement to violence, animal abuse or drug abuse); unlawful, obscene, defamatory or libelous material; images of rape or abuse; images of bestiality; or any sexually explicit content (including but not limited to intercourse, masturbation, sadistic or masochistic abuse, explicit depiction of male or female genitalia or pubic areas, paedophilia or necrophilia); (ii) does not infringe the intellectual property rights of any third party (including but not limited to sound, music, excerpts from any animated or non-animated television shows, short, medium-length and/or feature-length films, advertisements or any other material that you have not created yourself or for which you do not have the necessary clearances and permissions from third party rights owners or copyright royalty collection organizations in such materials); (iii) does not infringe personal rights (i.e. that is not defamatory and does not contain insults, abuse, libel, etc.) or personal privacy (including an individual’s right to his or her image); (iv) is not contrary to public policy and accepted moral standards; (v) does not display, incite or otherwise promote illegal or immoral activity, and (vi) does not violate any applicable laws or regulations. Samibeli is committed to providing a friendly, safe and welcoming environment for all, regardless of sex, disability, race, religion, or age. You must respect that people have different opinion. Any spamming, trolling, flaming, or baiting is not welcome and will not be tolerated. This includes using offensive or harassing nicknames, or other identifiers that might detract from a friendly, safe, and welcoming environment for all. Harassment includes, but is not limited to: (i) any behavior that threatens another person or group, or produces an unsafe environment; (ii) harmful or prejudicial verbal or written comments related to sex, disability, race, religion, or age; (iii) inappropriate use of nudity, sexual images, and/or sexually explicit language; (iv) threats of physical or non-physical harm; (v) deliberate intimidation, stalking, or following; (vi) harassing photography or recording; (vii) sustained disruption of talks or other events, including online; (viii) inappropriate physical contact; and (ix) unwelcome sexual attention.

6.2 By uploading or disseminating images, data, and/or text to or through the Samibeli Service, you warrant that you are not uploading any infringing material and expressly warrant that you have all necessary rights and/or authorizations from the copyright owner(s) and have paid any royalties or other fees pursuant to any licenses or permissions needed to upload and distribute your User Content on the Samibeli Service.

6.3 Samibeli reserves the right to decide at its sole discretion whether your User Content, your Samibeli Account and/or your use of the Samibeli Service violates these Terms for any reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. Failure to comply with these Terms may result in (i) your User Content being removed and/or (ii) your Samibeli Account being deactivated and/or (iii) your use of the embeddable Samibeli video player being blocked and/or (iv) any elements or data related to your User Content or to your Samibeli Account being modified or removed (i.e. allegedly infringing username, metadata considered inappropriate, etc.) from the Samibeli Service, without prior notice. In addition, Samibeli reserves the right to report any violation of these provisions to applicable legal authorities and you may be personally liable for criminal sanctions applicable to the content in question (fines and imprisonment), in addition to any applicable civil damages.

6.4 Because the Samibeli Service is not designed as a video back-up service, you are responsible for taking all necessary precautions to safeguard your video files. In accordance with internet practice and custom, advertisements may be incorporated into the Samibeli Service and then associated to your Samibeli Account and/or your User Content.

6.5 Moreover, you shall not (i) falsely increase the number of views, impression of or clicks associated with your User Content or other users’ content either directly or indirectly, or automatically or manually, or (ii) authorize or encourage any third party including offering any financial incentive to do the same.

6.6 You also warrant that any website or applications on which you export your User Content and/or other users’ content through the embeddable Samibeli video player does not include any element that: (i) breaches any intellectual property rights of any third parties or (ii) constitutes an injury to any person (including defamation, slander, abuse, etc.) or to any third party’s privacy rights or (iii) encourages violence or hatred against any individual or group, or cruelty to animals (iv) or contains sexually explicit or highly suggestive content or (v) encourages drug use or any illegal activity (vi) constitutes a threat to public order or standards of decency and good morals or (vii) violates any applicable laws. Moreover, you warrant that your use of the embeddable Samibeli video player shall not be made for: (i) any activity which may imply any kind of product, trademark or artist endorsement without authorization from the applicable rights owner or (ii) resale of any kind of the Samibeli Service or (iii) any unauthorized third party contests or (iv) synchronization of the underlying musical composition that might be embodied in the content displayed through the embeddable Samibeli video player or any other use with any visual media output. You also shall not modify, build upon or block any portion or functionality of the Samibeli video player including but not limited to links back to the Samibeli website. By embedding your User Content and/or other user’s content through the embeddable Samibeli video player on any website or applications, you warrant that you have all the necessary rights and/or authorizations from the owner(s) of such website or applications and have paid any royalties or other fees pursuant to any licenses or permissions needed to such distribution.

6.7 You agree not to alter or modify any part of the Samibeli Service (including but not limited to the Samibeli video player and its related technologies).You agree not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Samibeli Service or features that (i) prevent or restrict use or copying of content or (ii) enforce limitations on use of the Samibeli Service or the content accessible via the Samibeli Service. You agree not to collect or harvest any personal data of any Visitor, User or Tour Guide of the Samibeli Service and to not use the Samibeli Service for the solicitation of business in the course of trade or in connection with a commercial enterprise.

6.8 You agree not to use the Samibeli Service and any of its related technologies (including without restriction the Samibeli video player, the website) for any commercial use unless you obtain Samibeli’s prior written approval, in particular any of the following uses: (i) the sale of access to the Samibeli Service, (ii) the sale of advertising, sponsorships or promotions placed on or within the Samibeli Service or content or Samibeli video player.

6.9 If you wish to use another User Content for any other purpose than just consuming or your own purposes, in particular for commercial use, you are solely responsible for obtaining the necessary advance authorization. You agree and shall indemnify and hold Samibeli- harmless from and against any liability, loss, damages (including punitive damages), claim, settlement payment, cost and expense, interest, award, judgment, diminution in value, fine, fee (including reasonable attorneys’ fees), and penalty, or other charge (including reasonable attorneys’ fees and all other cost of investigating, defending or asserting any claim for indemnification under these Terms) arising from or relating to (i) your User Content, (ii) your violation of the Terms or any other policy of Samibeli; (iii) your use of the Samibeli Service; and (iv) your violation of any third party rights, including without limitation any copyright, property, publicity or privacy rights.

7 Reporting Prohibited Content guarantees

7.1 Samibeli has established an easily accessible means of allowing anyone to notify it of the availability of infringing content or illegal content and/or activity on the Samibeli Service. 

7.2 If you notice infringing or illegal content and/or activity on the Samibeli Service, you can report it to us at any time by contacting us at support@samibeli.com.

8 Date and Privacy

8.1 The records of Samibeli are stored on our systems in accordance with standard safety practices and applicable laws. The Samibeli records shall be considered proof of emails exchanged, registration forms sent, videos uploaded, and other activity within the Samibeli Service, being agreed that, in the event of a discrepancy between our records and any paper or electronic documents in your possession, our records shall be authoritative and controlling.

8.2 The Samibeli Service may contain links to websites operated by other entities. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Samibeli has no responsibility to you with respect to any linked site, and no linked site, regardless of the linking form (e.g. hotlinks, hypertext links, IMG links) is maintained, controlled, endorsed, monitored or otherwise governed by Samibeli.

8.3 Samibeli takes very seriously your privacy and the protection of your personal data, collected and processed in connection with your use of the Samibeli Service. If you want to find out more about the personal data collected, how we collect them and the related processes, you can check our Privacy Policy available at any time on the Samibeli website / app.

9 Fees 

9.1 Registration on the Platform is free of charge. However, Users have to pay a fee to Tour Guides in order to consume Paid Content (the “Paid Content Fee”). In order to cover the costs of maintaining the Platform, bringing Users and Tour Guides together and collection of the Paid Content Fee, a platform fee is applicable and has to be paid by the Tour Guide (the “Platform Fee”) (Paid Content Fee and Platform Fee together the “Fees”). In addition to, the Payment Service Providers (as defined below) also charge a fee (the “Payment Provider Fee”).

9.2 The Tour Guide is free to determine the amount of the Paid Content Fee that a User has to pay in order to consume the Paid Content of the Tour Guide. 

9.3 From the Paid Content Fee, 35% belong to the Tour Guide and will be transferred to the Tour Guide in accordance with Section 9.7 of these Terms. Currently, around 15- 30% will be deducted as Payment Provider Fee and remain with the Payment Providers (as defined below). The remaining amount will be deducted as Platform Fee and remain with Samibeli.

9.4 From the tips/donations that user(s) can grant to the Tour Guide during any livestream, 65% belong to the Tour Guide and will be transferred to the TourGuide in accordance with Section 9.7 of these Terms. Currently, around 15-30% will be deducted as Payment Provider Fee and remain with the Payment Providers (as defined below). The remaining amount will be deducted as Platform Fee and remain with Samibeli.

9.5 Payments can be made via apple pay and google pay (each a “Payment Service Provider”) or such payment method as Samibeli offers to be used (each a “Payment Method”). By providing information related to a Payment Method, User represents, acknowledges and agrees that User: (i) is permitted to use that Payment Method; and (ii) shall be solely responsible for any fee charged by the User’s financial institution or other payment method provider for the transaction. 

9.6 Once you have confirmed the amount you wish to spend and the Payment Method, you will be prompted to pay via the Payment Service Provider. These payment processing services are provided by the Payment Service Provider respectively and the terms and conditions of those services will apply to the payments you make using them. Any personal information you provide to the Payment Service Provider will be processed in accordance with their privacy policies and not the Privacy Policy of Samibeli. 

9.7 The Paid Content Fee will be charged to your apple or google pay account at the time you make the payment. The Payment Provider Fee will be deducted. Samibeli collects the Paid Content Fee in its own accounts of the Payment Service Provider (CHF, USD, EUR) for all Tour Guides and forward the collected Paid Content Fee for that Tour Guide after deduction of the applicable Platform Fee solely to the that Tour Guide on a monthly basis at the 15th (or the next banking day) of each month, provided that the collected Paid Content Fee amount supersedes CHF 100.00, to the Tour Guide’s PayPal account prior indicated to Samibeli. Every Tour Guide can only receive the collected Paid Content Fee through their PayPal account. Tour Guide represents, acknowledges and agrees that he/she shall be solely responsible for any fee charged by PayPal for this transaction. 

10 Liability

10.1 Samibeli cannot be held liable in any way by the User or the Tour Guide for direct damages of any nature whatsoever suffered by anyone as a result of or in connection with the Samibeli Services, unless arising from Samibeli’s willful misconduct or gross negligence.

10.2 Samibeli’s liability for indirect damages, including but not limited to consequential damages, lost profits, lost savings, reduced goodwill, loss due to business interruption, losses as a result of claims from third parties, and damages in connection with engagement of third parties by the User, as a result of or in connection with the Samibeli Service, is excluded.

10.3 Samibeli is not liable for any loss arising in the performance of the Samibeli Services due to Samibeli acting on incorrect or incomplete information provided by the User.

10.4 Samibeli is not liable for any damage or loss, in any form whatsoever, caused to or by the Samibeli Service as a result of non-compliance with these Terms, such as, in the event of failure to deliver the Samibeli Service on time or in full, due to unforeseen circumstances and/or force majeure, or any other agreed.

10.5 If, for any reason, Samibeli is liable, then its liability per incident is limited to an amount equal to the Fees collected by Samibeli in direct relation to such incident. 

11 Indemnity

11.1 Insofar as is permitted by law, you shall indemnify and compensate Samibeli for any liabilities, damages, losses and costs (including settlement costs and reasonable attorneys’ fees) arising from claims of third parties, its personnel and personnel of the User who suffer damages caused by the performance of the Samibeli Service, unless the cause is attributable to Samibeli.

11.2 You furthermore indemnify Samibeli against all claims of third parties, its personnel and personnel of the User in connection with damages caused by or in connection with the Samibeli Service.

12 Duration and termination of agreement

12.1 Samibeli and you conclude the underlying agreement for an indefinite period of time, unless agreed to otherwise in writing. Samibeli may terminate the agreement at any time with immediate effect, without being obliged to pay compensation of damages or indemnify and justification. 

13 Force Majeure

13.1 Samibeli may, at its discretion, terminate the Samibeli Service and any agreement or suspend its execution if, due to circumstances beyond its sphere of influence or of which it was not aware, it temporarily cannot comply with its obligations without being liable to pay any compensation of damages.

14 Other

14.1 If Samibeli does not enforce parts of these Terms agreement between Samibeli and you, this cannot be regarded as a waiver of the right to enforce this at a later stage against you.

14.2 You cannot transfer the rights and obligations under these Terms and/or any agreement between Samibeli and you to third parties. Samibeli can assign and/or transfer all rights and obligations under these Terms and/or any agreement between Samibeli and you to a third party, without consent from you being required.

14.3 If any provision of these Terms is deemed unlawful, void, voidable or otherwise unenforceable, this does not affect the validity and enforceability of the remaining provisions of these Terms. The unlawful, void, voidable or otherwise unenforceable part shall be deemed replaced by a valid and enforceable provision that achieves the aim and scope of the replaced provision closely.

15 Applicable law and competent court

15.1 These Conditions and any agreements between Samibeli and you are exclusively governed by Swiss law.

15.2 Unless contrary to mandatory law, all disputes and claims arising out of or in connection with these Terms and/or an agreement must be submitted solely to the competent court in Zug, Switzerland.

16 Queries, remarks and suggestions

For any queries, remarks or suggestions, please contact Samibeli using the contact details below or via the contact form on the Platform and/or Website.

Samibeli AG
CH-6300 Zug

Email address: support@samibeli.com
Chamber of Commerce no. CHE-450.015.106