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Arbrea Suite – User Service Agreement

This User Service Agreement (“Agreement”) is entered into between Arbrea Tools (“Service Provider”) and the User(“User”) who subscribes to the services provided by the Service Provider through its Software-as-a-Service (“SaaS”) platform (“Services”). By subscribing to or using the Services, the User acknowledges that they have read, understood, and agree to be legally bound by this Agreement.

1. Subscription Term

1.1 The User subscribes to the Services for a minimum term of 12 months (365 days), commencing from the date of the first onboarding training session. This condition is valid also for monthly payments, that need to be considered as a “flexible payment condition” on the yearly subscription, provided by Arbrea Labs AG.

1.2 Unless otherwise communicated, the subscription will automatically renew for subsequent 12-month periods. Conditions of communication are established in this agreement.

1.3 If the User does not wish to renew, they must provide written notice of non-renewal at least 15 days before the renewal date by written (email).

1.4 Acceptance of this Agreement occurs at the time of payment, even if the User chooses monthly installments.

2. Payment and Fees

2.1 Fees may be paid in advance for the entire 12-month subscription period or on a monthly basis by credit card.

2.2 Regardless of payment method, the minimum commitment remains 12 months (365 days).

2.3 The User is responsible for all applicable taxes.

2.4 The Service Provider may suspend or restrict access to the Services in case of delayed or non-payment.

3. Cancellation and Refunds

3.1 Standard Policy for New Users:

  • A new User may cancel their subscription within 30 days of the first payment ( if conditions are met).
  • In such case, the User will be reimbursed in full, except for the cost of the first month or the equivalent amount of the first 30 days of subscription.
  • After this 30-day period, no cancellations or refunds are allowed before the end of the subscription term.

3.2 Automatic Renewals:

  • Renewals are automatic.
  • Users will receive notifications and email reminders prior to renewal.
  • If the User does not wish to continue, they must request non-continuation at least 15 days before the renewal date.

3.3 Refunds on Renewals:

  • Renewals are not eligible for the 30-day refund policy.

3.4 Scope of the 30-Day Refund Policy:

  • The policy applies exclusively to new Users.
  • It is intended for cases where the Services do not perform as promised, not where the User is unable to adapt to the tools ( or the user’s team ).
  • Arbrea’s agreements are always yearly agreements; the 30-day refund is an exception for new Users only.

3.5 Conditions for Refund Requests by New Users:
To qualify for a refund, the User must:

  1. Fornecer proof of usage issues where the tools are not performing (videos, screenshots, or equivalent evidence).
  2. Have participated in the onboarding training program (3 live sessions) and obtained the consequent Entry Level certification (name bay vary), or, obtained the Entry Level Certification through the Arbrea Online Academy ( Self pace ).
  3. Have completed at least 3 capturings with the tools.

3.6 Refund requests that do not meet these conditions will be rejected. All 3 conditions will need to be in place for refund.

4. User Obligations

4.1 The User shall use the Services solely for legitimate, internal business purposes.

4.2 The User shall not use the Services for illegal or unauthorized purposes.

4.3 The User shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Services.

4.4 The user shall always use a compatible device, from the compatible list available 24/7 in Arbrea’s website. The use of non-compatible devices will not considered to be covered by Arbrea’s customer support.

5. Service Level Agreement

5.1 The Service Provider shall use commercially reasonable efforts to maintain service availability 24/7, excluding scheduled and emergency maintenance.

5.2 If service levels are not met, the User’s exclusive remedy is a credit against future subscription fees.

6. Confidentiality

6.1 Both parties agree to maintain the confidentiality of all non-public information received from the other party.

6.2 Confidential information shall not be disclosed to third parties unless required by law.

7. Termination

7.1 Either party may terminate this Agreement if the other party materially breaches its obligations and fails to cure such breach within 30 days of written notice.

8. Governing Law and Jurisdiction

8.1 This Agreement shall be governed by the laws of the jurisdiction where the Service Provider is established (Switzerland).

8.2 Any disputes shall be resolved exclusively in the courts of that jurisdiction.

9. Entire Agreement

9.1 This Agreement constitutes the entire understanding between the Service Provider and the User.

9.2 It supersedes all prior agreements, negotiations, and communications, whether written or oral.

9.3 Amendments or modifications must be in writing and signed by both parties.

10. Acceptance

By clicking “I Agree with the Terms” in the Surgeon app, signing this document, or continuing to use the Services after the first payment, the User confirms acceptance of this Agreement.

If the User does not oppose this Agreement within 7 days of receipt, they are deemed to have accepted its terms.