Vervana Terms of Service (ToS)

Effective Date: 1 August 2024
Last Updated: 16 February 2025

1.1. Introduction

Welcome to Vervana. These Terms of Service ("ToS") govern your access to and use of our platform. By accessing or using our services, you agree to be bound by these ToS, our Privacy Policy, and our User Consent Form (collectively, the "Policies").

Note: Your continued use of our platform constitutes your acceptance of all referenced policies and our commitment to comply with international laws including, but not limited to, the Swiss Federal Act on Data Protection (FADP), EU General Data Protection Regulation (GDPR), US regulations (e.g., the California Consumer Privacy Act [CCPA]), Canadian Personal Information Protection and Electronic Documents Act (PIPEDA), UK Data Protection Act 2018, and the Australian Privacy Act 1988.

1.2. Acceptance of Terms

  • Binding Agreement: By accessing or using Vervana, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy and User Consent Form.
  • Rejection: If you do not agree with any part of these documents, you must cease using the platform immediately.

1.3. Compliance with International Laws

  • Regulatory Adherence: Vervana is committed to complying with all applicable laws and regulations. This includes, but is not limited to:
    • EU: GDPR (Regulation (EU) 2016/679)
    • US: CCPA for California residents and other applicable federal or state regulations
    • Canada: PIPEDA
    • UK: Data Protection Act 2018
    • Australia: Privacy Act 1988
    • Switzerland: FADP and Narcotics Act (NarcA)
  • User Obligation: You are responsible for complying with any local laws that apply to your use of our platform.

1.4. User Responsibilities

  • Legal Compliance: You must use the platform in accordance with all applicable laws and regulations.
  • Content Standards: You agree not to submit any content that promotes or incites illegal activities—including the unauthorized use or promotion of narcotics. Content that violates these guidelines may be removed at our discretion.

1.5. Content Guidelines and Disclaimers

  • Informational Purposes: All content is provided for informational purposes only and does not constitute professional medical, legal, or other advice.
  • No Endorsement: Vervana does not endorse or promote the illegal use of any substances.
  • Content Removal: We reserve the right to remove or modify content that breaches these standards.

1.6. Business Model and Data Use

  • Revenue Model: Vervana generates revenue exclusively through the provision of aggregated, anonymized data to cultivators and other partners.
  • Data Reference: Data collection, processing, and sharing practices are further detailed in our Privacy Policy and confirmed via our User Consent Form.

1.7. Data Protection and User Consent

  • Integrated Policies: By using the platform, you expressly consent to the data practices described in our Privacy Policy and User Consent Form.
  • Secure Sharing: Personal data may be shared with healthcare providers through secure channels (e.g., HIN.ch) only with your explicit consent.

1.8. Intellectual Property and User-Generated Content

  • Ownership: All platform content is either the property of Vervana or licensed by the respective users.
  • User Responsibilities: Users must ensure that any content they submit does not infringe on third-party intellectual property rights. Vervana reserves the right to address copyright infringement claims under applicable procedures (e.g., DMCA guidelines where applicable).

1.9. Age Restrictions and Eligibility

  • Minimum Age: Users must be at least 18 years old (or the legal age in your jurisdiction) to use this platform. By registering, you represent that you meet this requirement.

1.10. Cookie Policy and Tracking Technologies

  • Cookie Use: Our platform uses cookies and similar tracking technologies. Detailed information is provided in our Cookie Policy (which forms part of our Privacy Policy).

1.11. Dispute Resolution and Governing Law

  • Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.
  • Jurisdiction: Any legal action or proceeding arising out of or relating to these Terms shall be instituted exclusively in the state or federal courts located in Wilmington, Delaware. You and Vervana consent to the personal jurisdiction of such courts and waive any objection to the laying of venue of any such action or proceeding in such courts.
  • Arbitration: At Vervana's sole discretion, it may require you to submit any disputes arising from these Terms or use of the Service, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Delaware law.
  • No Class Actions: You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.
  • Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.
  • No Waiver: Failure to enforce any provision shall not constitute a waiver of the right to enforce that or any other provision in the future.

1.12. Limitation of Liability and Disclaimer of Warranties

  • As-Is Basis: Vervana's services are provided on an "as-is" basis without any warranties, express or implied.
  • Limitation: In no event shall Vervana be liable for any indirect, incidental, or consequential damages arising out of or in connection with the use or inability to use the platform.

1.13. Indemnification

  • User Indemnity: You agree to indemnify, defend, and hold harmless Vervana, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses arising from your use of the platform or violation of these Terms.

1.14. Data Breach Notification and Remediation Procedures

  • Notification: In the event of a data breach, Vervana will promptly notify affected users in accordance with applicable laws (e.g., EU GDPR, Swiss FADP).
  • Remediation: We will implement appropriate measures to remedy any breach and mitigate potential harm.

1.15. Force Majeure

  • Excusable Delay: Vervana shall not be liable for any failure or delay in performance due to events beyond its reasonable control, including natural disasters, government actions, or other force majeure events.

1.16. Modifications and Updates

  • Policy Updates: Vervana may update these Terms from time to time. Significant changes will be communicated on the platform and via email.
  • Continued Use: Your continued use of the platform constitutes acceptance of any modifications.

1.17. Contact Information

For any questions or concerns regarding these Terms, please contact us at:

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