1.3. Scope. Use of trustID Services for applications and services provided by third party service providers shall be subject to the terms agreed among the relevant User and the respective service provider and such contractual relationship is explicitly excluded from the scope of these ToU.
1.4. Amendments. The terms of these ToU may be amended from time to time and such amendments shall be notified to Users. By continued access or use of the trustID Services after any amendment of the terms of these ToU, Users agree to be bound by any such amendment.
2.1. Account. Use and access of the trustID Services require the registration of an account by the Users and the registration of their gender, name, e-mail address, phone number, birthdate, birth location, nationality and identity document type, number and expiry date (the Account) and to sign-in before they can be used.
By registering an Account or using the trustID Services through any other means, Users warrant that they are the age of legal majority, but at least 18 years old, and have unrestricted legal capacity in their country of domicile or residence.
For the avoidance of doubt, if the User is a legal entity, any subscription for the use of the trustID Services by any of its employees, agents or representatives, on behalf of the User, is deemed as acceptance of the terms of these ToU by the User. If you are subscribing for the use of the trustID Services on behalf of the User, you represent and warrant that you are duly authorized to do so.
2.2. Accuracy. Users warrant that all information provided to CloudTrust in the registration process or otherwise is true and accurate. Users shall keep such information up to date at any time.
2.3. Confidentiality. Users agree to keep their login and password confidential. Users acknowledge that they are fully responsible for the use that is made of their Account, including any third party use irrespective of whether Users authorized such use or not. Users shall be fully liable for any losses and/or damages that may result from any such use.
Users are also responsible for the careful and secure storage of their means of authentication (login, password, mobile phone, etc.) in order to prevent unauthorized access to their Account. Authentication information shall not be communicated to third parties and Users shall bear all responsibility for any action required in the event that they compromise their authentication information.
2.4. Reporting. If Users have a reason to believe that a third-party has or had access to their authentication information or to their Account or if Users become aware of any other breach of security in relation to their Account or the trustID Services, they shall immediately report such access or breach of security to the trustID support contact at firstname.lastname@example.org and change their authentication information.
3. USE OF THE TRUSTID SERVICES AND LICENSE
3.1. License. Subject to the Users’ compliance with the terms of these ToU, in particular payment of the applicable fees, CloudTrust grants the Users a revocable, non-exclusive, non-transferable and limited license, without right of sublicense, to use the trustID Services, including without limitation and if available the additional features available upon subscription (the Features).
3.2. trustID Services. The content of trustID Services is described and accessible at https://www.trustid.ch. By default, CloudTrust is only bound by an obligation of means for the supply of trustID Services. CloudTrust will supply the trustID Services in accordance with standard professional practice, with care and diligence required from a supplier of similar services.
3.3. Features. The Features available to the User are indicated upon registration of an Account and the User may select Features from the list available for subscription.
Part of the Features may be provided by third parties and/or require the use of platforms maintained by other content providers in which case the terms and conditions applicable to the provision of such services and/or use of such platforms shall apply to the provision of the Features in addition to the terms of these ToU. The use of such Features may also be subject to the payment of an additional fee by the User, who may be requested to provide additional data to CloudTrust and third parties providing the relevant Features. In any case, CloudTrust hereby disclaims any representations and warranties regarding the content or accuracy of materials regarding Features provided by third parties or made available on platforms maintained by other content providers.
3.4. Changes. Changes to the content of the trustID Services and/or the Features shall become effective as indicated to the User by CloudTrust. If no further specification is provided by CloudTrust, changes shall become effective: (i) immediately upon notice to the User for any additional content of the trustID Services and/or the Features; and (ii) as of the next renewal for any current subscription for the trustID Services and/or the Features. If the relevant Feature is no longer available upon its renewal, it shall automatically be transformed into another Feature under the next closest Feature existing as of its renewal, as advised by CloudTrust.
3.5. Restrictions. To the extent permitted by applicable law, Users are not allowed to (i) copy, modify or create derivatives of the trustID Services or the Features; (ii) resell, transfer, assign, lease, lend, or license the trustID Services or the Features to third parties; and (iii) deep-link, reverse engineer, disassemble or monitor (e.g. spider, scrape) the trustID Services or the Features. Without prejudice to the terms of these ToU, CloudTrust and/or its licensors reserve all rights on the trustID Services or the Features not expressly granted herein.
3.6. No obligations. Except as provided expressly therein, CloudTrust shall have no obligation to monitor the use of the trustID Services or to edit, review or modify any content of the trustID Services or the Features. CloudTrust reserves its right to investigate on any infringement or behavior affecting the trustID Services or the Features and to cooperate with competent authorities in case of violation of any applicable law.
3.7. Users’ IT systems. Users are responsible for the software and hardware components they are using for accessing and using the trustID Services. Users shall ensure that their IT systems are adequately protected against third-party access and malicious software, viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
Users shall ensure that the devices (laptop, mobile telephone, etc.) used to access and use the trustID Services are adequately protected against third-party access and manipulation.
3.8. Representations and warranties of the Users. Users represent and warrant that (i) they will not infringe, or cause a third party to infringe, any applicable law or regulation by using the trustID Services or the Features; (ii) they will not use their Account and the trustID Services or the Features for any unlawful purpose; (iii) they will not infringe any intellectual property right, or other proprietary right or right of publicity or privacy, by using the trustID Services or the Features; (iv) they will not include incomplete, false or inaccurate information about themselves or any information about any other individual, company or other legal entity; and (v) their use of the trustID Services or the Features shall not contain any malicious software, viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
3.9. Availability. CloudTrust shall use its best efforts to ensure the proper functioning of the trustID Services and their availability during working hours, subject to any necessary maintenance work that CloudTrust may have to carry out.
3.10. Support. Unless otherwise indicated in CloudTrust Support Policy (if any), as may be amended from time to time, CloudTrust shall provide online support only (without any guarantee as to the result or success of any such help).
4.1. General. The applicable fees to be paid by the Users to CloudTrust for the trustID Services and as per the relevant use of Features (if any) shall be paid in advance directly to CloudTrust. The continued use of the trustID Services and the Features by the User shall be subject to the payment of all applicable fees.
4.2. Modalities. Unless otherwise indicated, such fees are non-refundable and shall be in Swiss Francs (CHF) and exclusive of any taxes. In the event of a delay in payment by the User, the relevant fees will be subject to interest at the Euribor rate + 5%.
5. PRIVACY AND DATA PROTECTION
6. THIRD-PARTY CONTENT
The trustID Services or the Features may contain content and/or software components incorporated into the trustID Services or the Features or provided therewith, developed, distributed and/or licensed by third parties (Third-Party Content).
Such Third-Party Content shall be licensed, and the User shall use such Third-Party Content under, and strictly in accordance with, the applicable terms and conditions by the respective third-party. Nothing in these ToU shall restrict, limit or otherwise affect any rights or obligations that the User may have, or conditions to which User may be subject, under any applicable open source licenses to any open source software which may be incorporated in and/or provided together with the trustID Services or the Features.
7. INTELLECTUAL PROPERTY
As between CloudTrust and the Users, CloudTrust shall remain the sole owner of all rights, title and interest, in particular, all intellectual property rights, in and to the trustID Services and the Features, subject to any Third-Party Content. Nothing in these ToU shall operate any assignment or transfer of any intellectual property rights to the Users.
The Users expressly acknowledges that any infringement of CloudTrust’s intellectual property rights will cause irreparable harm to CloudTrust, for which monetary damages alone would be inadequate, and that CloudTrust may thus seek injunctive relief or any other remedy available at law in any jurisdiction, in case of such infringement.
Should the User become aware of any infringement or imminent risk of any infringement of any intellectual property rights pertaining to the trustID Services or the Features, the User shall immediately inform CloudTrust and provide all useful information on such infringement or risk of infringement. CloudTrust shall have the exclusive power to decide on any action to be taken with respect to such infringement or risk of infringement. User shall, at its own costs, provide CloudTrust with all reasonable assistance required by CloudTrust to protect its intellectual property rights, in accordance with its instructions.
8. SUSPENSION AND TERMINATION
Users agree that CloudTrust may, at CloudTrust’s sole discretion, suspend or terminate their Account and/or their access and/or their use to all or part of the trustID Services and the Features with or without notice in case of breach of the terms of these ToU (in particular in case of non-payment of the relevant fees due by the User). Any suspected illegal, fraudulent or abusive activity may be grounds for terminating their relationship and may be referred to appropriate law enforcement authorities.
Upon suspension or termination, their right to access and/or use the trustID Services and the Features will immediately cease, including any license for the use of the trustID Services or the Features pursuant to Section 3.1. Subject to applicable law, CloudTrust reserves the right to remove or delete any information and/or content, in particular any Account or login information.
9. NO WARRANTIES AND LIABILITY
9.1. No warranties. Users agree that their access and use of the trustID Services or the Features shall be at their sole risk and liability. Users acknowledge that the content of the trustID Services or the Features is provided to them “as is” and “as available”, and that to the fullest extent permitted by applicable law, CloudTrust disclaims all warranties, express or implied, in connection with the trustID Services or the Features. In particular, CloudTrust does neither represent nor warrant that the content of trustID Services will meet the Users’ requirements, that the operation of trustID Services will be uninterrupted or error-free, that any errors in the trustID Services will be corrected, that it will ensure continued compatibility of trustID Services with any third-party products, even if they are compatible with such third-party products upon subscription or at any given moment before or thereafter, or that trustID Services and any services related thereto will always be available and remain available unchanged. In addition, CloudTrust does not provide any warranty, and shall not be held liable for any claim, regarding the actual identity of any User or any information provided by such Users in relation to their use of trustID Services.
9.2. No further representations and warranties. Furthermore, CloudTrust makes no warranties or representations about and bears, unless fraudulent intent or gross negligence, no liability for (i) the accuracy or completeness of the content of the trustID Services or the Features, such as errors, mistakes, inaccuracies of content, as well as its timely and proper delivery; (ii) limitations to access and use of the trustID Services or the Features; (iii) personal injury; or (iv) property damage, of any nature whatsoever resulting from (a) the Users’ access or use of the trustID Services or the Features; (b) any unauthorized access or use of any and all data, personal information and/or financial information stored through or on the trustID Services or the Features; (c) any interruption or cessation of transmission to or from the trustID Services or the Features; (d) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the trustID Services or the Features by any third party; (e) any errors or omissions in any content; (f) or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, published, uploaded, linked from, or otherwise made available via the trustID Services or the Features.
9.3. No liability. CloudTrust’s liability under these ToU, whether in contract, tort or any other theory of liability, shall be excluded to the maximum extent permitted under applicable law. Without prejudice to the generality of the foregoing, to the extent permitted under applicable law, CloudTrust disclaims any liability for simple negligence as well as for any damages or losses, whether foreseen or foreseeable, or whether CloudTrust has been advised of the risk thereof, related to the loss of use, interruption of business, loss of actual or anticipated profit, loss of revenue, loss of anticipated savings, loss of opportunity, loss of goodwill, loss of reputation, loss of, damage to or corruption of data, or any other indirect, special, incidental, exemplary, or consequential damages or losses of any kind, regardless of the form of action, whether in contract, tort, strict liability or otherwise. In no event, CloudTrust’s total liability during any calendar year shall exceed the amount of the fees paid by the User over the period of 6 months prior to the event that triggered the liability of CloudTrust towards the relevant User. The exclusions and limitations under this Section 9.3 shall extend to CloudTrust’s directors, officers, employees, agents, representatives and auxiliaries.
Users shall defend, hold harmless and indemnify CloudTrust for any claim, demand, dispute, litigation, damage or loss (including reasonable attorney’s fees) incurred by CloudTrust arising out of the Users’ access and use of the trustID Services or the Features and/or any infringement of the terms of these ToU.
11.1. Severability. If any provision of these ToU is or becomes invalid, unenforceable or non-binding, this shall not affect any other provision thereof. In such event, such invalid, unenforceable or non-binding provision shall nonetheless be enforced to the fullest extent permitted under applicable law, insofar as the invalid, unenforceable or non-binding provision shall be replaced by a valid, enforceable and binding provision reflecting to the greatest extent possible the intent of the original provision.
11.2. No Waiver. The failure of CloudTrust to enforce any of the provisions of these ToU or any rights with respect thereto shall in no way be considered as a waiver of such provisions or rights or in any way affect the validity of these ToU. The waiver of any breach of these ToU by CloudTrust shall not be construed as a waiver of any other prior or subsequent breach.
11.3. No Assignments. Users shall not be permitted to assign any rights created under the terms of these ToU without the prior written consent of CloudTrust.
If Users have any questions regarding the trustID Services, the Features, or the ToU please contact CloudTrust at https://www.trustid.ch.
13. GOVERNING LAW AND JURISDICTION
13.1. Governing Law. Subject to mandatory applicable law, these ToU shall be governed by and construed in accordance with Swiss substantive law, without reference to its conflict of laws provisions.
13.2. Jurisdiction. Subject to mandatory applicable law, any dispute or difference arising out of or in relation to these ToU and the User’s use of the trustID Services shall be subject to the exclusive jurisdiction of the competent courts at the principle place of business of CloudTrust, subject to the right of appeal to the Swiss Federal Tribunal. Notwithstanding the preceding, nothing in these ToU shall prevent CloudTrust from seeking injunctive relieve or any other remedy available at law in any jurisdiction in case of any infringement of its intellectual property rights.