By accessing or using the trial version of NexTeams365, the Customer explicitly agrees to be bound by the following legally enforceable terms and conditions governed by Swiss law:
1.1 DEFINITIONS
In these Terms:
– “Lambert Consulting SA” refers to the Swiss company headquartered in Renens, Canton of Vaud, Switzerland, and the sole and exclusive owner of all intellectual property rights related to the software referred to as NexTeams365.
– “NexTeams365” designates the proprietary software solution developed and owned by Lambert Consulting SA for user provisioning and voice management within
Microsoft Teams environments. The term NexTeams365 is a protected trademark and does not refer to a separate legal entity.
– “Customer” means any legal entity or individual authorised to access the Trial and that has expressly or implicitly accepted these Terms.
– “Trial” refers to a time-limited, non-renewable, revocable, and non-commercial right to access NexTeams365, for internal evaluation purposes only, excluding any production, benchmarking or third-party usage.
1.2 TRIAL GRANT AND DURATION
Lambert Consulting SA hereby grants the Customer a non-exclusive, non-transferable, non-sublicensable and strictly limited licence to access and use NexTeams365
solely for internal testing and evaluation, for a period of thirty (30) calendar days from the activation date, unless otherwise agreed in writing. This licence is granted strictly
for proof-of-concept purposes and excludes any operational deployment. Lambert Consulting SA may terminate the Trial at any time with immediate effect, particularly in
the event of breach of these Terms or any behaviour inconsistent with fair and lawful use.
1.3 FAIR USAGE AND RESTRICTIONS
The Customer shall use the Trial in good faith and in a non-abusive, non-excessive manner consistent with the intended purpose of internal evaluation. Any behaviour
suggesting actual or attempted production deployment, bulk data processing, automated scripting, or system stress-testing shall be deemed a material breach. The
Customer shall not, directly or indirectly:
– Disassemble, decompile, reverse engineer or attempt to extract the source code or architectural logic of the software;
– Replicate, reproduce or create derivative works of any kind;
– Circumvent any technical protection mechanism;
– Use the Trial for purposes of competitive analysis, benchmarking, or public comparisons;
– Provide access to third parties or subcontractors;
– Upload or expose personal or sensitive data.
1.4 CUSTOMER RESPONSIBILITIES
The Customer is solely responsible for the proper configuration of its own Microsoft 365 and Teams environment, including the provision of necessary administrative
rights, permissions, and secure access. The Customer is also responsible for securing its IT infrastructure and ensuring that no malware, backdoors or vulnerabilities
interfere with the Trial. Lambert Consulting SA shall not be liable for any breach, attack or loss occurring within the Customer’s environment.
1.5 TRIAL FEATURES AND LIMITATIONS
NexTeams365 is provided during the Trial strictly “as is” without warranty of any kind. The Trial version may differ in scope and functionality from the commercial version
and does not include any service-level agreement (SLA), guaranteed uptime, technical support, corrective maintenance, or future update entitlement. Lambert Consulting
SA reserves the right to alter, suspend or restrict any aspect of the Trial at its sole discretion and without notice.
1.6 CONFIDENTIALITY AND INTELLECTUAL PROPERTY
All technical information, documentation, system architecture, access credentials, and any other materials provided or made accessible by Lambert Consulting SA in
connection with the Trial shall be deemed confidential. The Customer agrees to keep all such materials strictly confidential and to use them only for the purposes of
internal evaluation. This confidentiality obligation shall survive for five (5) years following the termination or expiration of the Trial. All intellectual property rights in and to
NexTeams365, including but not limited to the software, brand, codebase, interfaces, design, logic, specifications, and documentation, remain the exclusive and
inalienable property of Lambert Consulting SA. No licence or right is granted beyond those explicitly stated herein. Any suggestions, feedback, comments or ideas
submitted by the Customer during the Trial shall become the sole and exclusive property of Lambert Consulting SA without compensation or further obligation.
1.7 DATA AND PRIVACY DISCLAIMER
The Trial is not intended for the processing of personal data as defined under Swiss law (nLPD) or the EU General Data Protection Regulation (GDPR). The Customer
expressly undertakes to refrain from submitting or exposing any personal data during the Trial. Should such data be processed inadvertently, the Customer remains fully
and exclusively responsible for compliance with all applicable data protection laws. Lambert Consulting SA declines any qualification as data processor (sous-traitant) and
excludes all related obligations.
1.8 INDEMNIFICATION
The Customer shall indemnify and hold harmless Lambert Consulting SA, its officers, directors, employees and agents from and against any and all claims, liabilities,
losses, damages, costs and expenses (including reasonable legal fees) arising out of or related to the Customer’s breach of these Terms, misuse of the Trial, violation of
applicable law, or any third-party claim relating to unauthorised access, data disclosure or intellectual property infringement.
1.9 LIMITATION OF LIABILITY
To the maximum extent permitted under Swiss law, Lambert Consulting SA shall not be liable for any indirect, incidental, punitive, special or consequential damages,
including loss of profits, loss of data, system failure, business interruption or reputational harm, arising out of or in connection with the Trial. In all cases, the total liability of Lambert Consulting SA under or in connection with the Trial shall not exceed the symbolic amount of one hundred Swiss francs (CHF 100.–), except in cases of wilful
misconduct or gross negligence as defined under Swiss law.
1.10 GOVERNING LAW AND JURISDICTION
These Terms and any dispute arising from or in connection with them shall be governed exclusively by the substantive laws of Switzerland, excluding its conflict of laws rules. The competent courts of the judicial district of Lausanne, sitting in Renens, Switzerland, shall have exclusive jurisdiction. The contractual language is French. In the
event of translation, the French version shall prevail over any other.
1.11 COMPLIANCE AUDIT
Lambert Consulting SA reserves the right, at any time during or within six (6) months following the end of the Trial, to initiate an audit of the Customer’s use of NexTeams365, through a qualified and independent auditing firm bound by strict confidentiality. The purpose of such audit shall be to verify compliance with the present Terms, including but not limited to scope of use, access restrictions, and prohibition of production or commercial deployment.
The audit may be conducted remotely or on-site, upon reasonable notice, during normal business hours. The Customer agrees to fully cooperate with the audit process and to provide timely access to relevant technical, usage, and access records.
If the audit confirms full compliance with these Terms, the audit costs shall be borne exclusively by Lambert Consulting SA. However, in the event the audit reveals any breach of the licence terms, unauthorised use, or circumvention of restrictions, the Customer shall reimburse all audit costs and shall, in addition, indemnify Lambert Consulting SA for any financial loss, including loss of commercial opportunity, intellectual property infringement, or unjust enrichment, in accordance with articles 41 and
97 of the Swiss Code of Obligations.