SSEUT v1.6

Version 1.6, published on 13.01.2021

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1. Scope of Application

These General Terms and Conditions (hereinafter "GTC") govern the contractual relationship between DSwiss AG, headquartered in Zurich, Switzerland (hereinafter "DSwiss"), and the customer with respect to Internet Data Safe services, which enable the customer to securely archive electronic data online in a data storage system, share data with team members where applicable, and assign stored data to one or more beneficiaries.

2. GTC as Part of the Contract and Amendments Thereto

DSwiss provides its services relating to Internet Data Safe services exclusively on the basis of these GTC and the further contractual components to which these GTC refer (hereinafter "contractual relationship"). By clicking the designated field during account registration, the customer explicitly agrees to the GTC and the contractual relationship.

DSwiss may amend the provisions of the contractual relationship at any time and at its sole discretion. Such amendments will be communicated to the customer in advance of their entry into force, both within the customer's account and on the DSwiss website. The customer is required to confirm the amended provisions within the account. Following confirmation, the customer retains a right of withdrawal pursuant to Section 4 below. Failure to confirm or submission of a withdrawal declaration results in termination of the contractual relationship. Extraordinary grounds for termination pursuant to Section 9 below remain reserved.

3. Formation of the Contractual Relationship

It is expressly noted that the content of the DSwiss website or the account registration constitutes merely an invitation to submit an offer and does not contain a binding offer from DSwiss. By completing the required information and explicitly confirming agreement with the provisions of the contractual relationship, the customer submits an offer to use the DSwiss Internet Data Safe services.

The contractual relationship is only formed upon receipt of DSwiss's acceptance declaration in the customer's account. The right of withdrawal pursuant to Section 4 below remains reserved.

Each account that the customer opens for themselves or for a legal entity is personal and may only be transferred to other natural or legal persons with the explicit consent of DSwiss. The resale of accounts is not permitted.

4. Customer's Right of Withdrawal

The customer is entitled to withdraw from the contractual relationship with DSwiss within 30 days of conclusion of the contract (receipt of the electronic acceptance declaration from DSwiss in the customer's account) without stating reasons. Timely receipt of the written withdrawal declaration at support@securesafe.com is sufficient to meet this deadline. In the event of a valid withdrawal, the full amount paid will be refunded.

5. Description of DSwiss Services

5.1 Uploading, Modifying, and Deleting Data

Upon conclusion of the contract, DSwiss allocates to the customer dedicated storage space of the agreed size (quota) on its data storage system. This enables the customer to upload electronic data and store it in the allocated storage space (hereinafter "uploading of data"), provided sufficient storage space is available.

All rights to the uploaded data remain with the customer. The customer authorizes DSwiss to process data in the sense of data duplication solely for the purpose of storage.

The customer may download, modify, or delete the uploaded data at any time.

5.2 Username, Password, and Login Recovery Code

In connection with the uploading of data, the customer selects an access name (hereinafter "username") and an access password (hereinafter "password"). This ensures that only the customer has access to their archived data. The customer also receives a login recovery code for use in the event that the username and/or password can no longer be recalled.

DSwiss has no access to the customer's account or archived data, and accordingly has no knowledge of the content of the archived data.

The customer is obliged to ensure the secure storage and use of their username and password. Should a third party gain knowledge of these credentials, DSwiss accepts no liability for any resulting losses or damages, and the customer shall indemnify DSwiss against any such damages in accordance with Section 7.

5.3 Data Inheritance

The customer has the option to make uploaded data accessible to beneficiaries (so-called data inheritance). The customer may designate the beneficiaries of such data (hereinafter "beneficiaries") and the persons authorized to initiate the data inheritance process (hereinafter "authorized activators") using an input form provided by DSwiss. These designations are not mandatory. The customer is not required to designate either authorized activators or beneficiaries. Data stored in the "Team Space" (shared team repository) of the "SecureSafe for Teams" product cannot be transferred to beneficiaries via data inheritance.

Following the assignment of data, the customer receives an activation code, which may be passed on to one or more authorized activators. This code, when entered on the DSwiss website, initiates the process of granting beneficiaries access. The customer may change the activation code at any time, thereby invalidating the previous code.

The customer instructs the authorized activators to enter the activation code on the DSwiss website in the circumstances determined by the customer, thereby initiating the data inheritance. The customer bears sole responsibility for ensuring that the authorized activators follow these instructions.

Entry of the activation code first triggers an automated notification to the customer, upon which the data inheritance will be completed unless the customer interrupts the process. The authorized activator simultaneously receives notification that the customer has been informed of the option to interrupt, and that the data inheritance will proceed without interruption within the blocking period specifically set by the customer.

If the activation code has been entered but the customer interrupts the process, the activation code becomes invalid. The customer must arrange for a new activation code in accordance with the provisions above.

If no interruption occurs within the blocking period, the data assigned by the customer is made accessible to the designated beneficiaries. This is achieved through an automated process in which the access credentials (username and password) for their data area are communicated to the beneficiaries. The customer selects the type of contact method (email, SMS) at the time of registration as part of the offer submission.

The customer alone is responsible for ensuring that the contact information for beneficiaries and authorized activators is current and accurate. DSwiss is under no obligation to conduct any related inquiries.

Beneficiaries are notified that they have 90 days to download the data assigned to them or to conclude a contract with DSwiss for their own account.

The customer is obliged to ensure that access to the data can be granted to beneficiaries without violating the rights of third parties or applicable legal provisions.

The customer is responsible for ensuring that the assignment of uploaded data to beneficiaries in the event of death complies with applicable inheritance law. The customer is in particular responsible for ensuring that any legacies or testamentary dispositions satisfy the applicable formal requirements of inheritance law. Necessary documents (such as wills) may be handed over to an authorized activator.

5.4 Data Retention Period

Throughout the entire duration of the contractual relationship, DSwiss endeavors to ensure the secure archiving of the customer's uploaded data.

Upon expiration or termination of the contractual relationship, DSwiss's obligation to retain data also ends, subject to Section 9.3 below. In such cases, DSwiss is entitled to release the customer's account or the corresponding quota on the online data storage system and delete the archived data.

The data retention obligation also ends upon completion of the data inheritance with respect to all data uploaded by the customer, following expiration of the 90-day period communicated to the beneficiaries pursuant to Section 5.3 above, whether the beneficiaries have downloaded the data, concluded their own contract with DSwiss, or failed to access the data within that period.

5.5 Additional DSwiss Services

The products offered by DSwiss, the services to be provided by DSwiss under this contractual relationship, and the associated rights and obligations of the customer are described on the DSwiss website. Those descriptions form an integral part of this contractual relationship.

6. Customer Usage Fees

Depending on the subscription type, DSwiss services are either subject to a fee (hereinafter "paid subscription types") or available free of charge (hereinafter "free subscription type"). Any applicable usage fee is due for the contract term selected by the customer and is payable in advance. The amount of the usage fee depends on the scope of services granted to the customer (e.g., quota). Upon selecting the quota as part of the offer submission, the usage fee is displayed to the customer.

The amount of the usage fee and the payment terms for paid subscription types are set out on the DSwiss website. The prices and payment terms published on the DSwiss website at the time of contract conclusion or renewal are authoritative. The corresponding information on the DSwiss website forms an integral part of this contractual relationship.

Renewal of paid subscription types requires prior payment of the usage fee then applicable for the selected scope of services. If payment is not made in time, the contractual relationship ends automatically.

The usage fee becomes due upon receipt of the acceptance declaration in the customer's account pursuant to Section 3 above and is payable immediately by the customer, unless the parties have explicitly agreed otherwise. The customer enters into default without any further reminder from DSwiss. The default interest rate is 5% per annum.

Notwithstanding any provisions to the contrary in these GTC, DSwiss will only provide services to the customer under paid subscription types following receipt of full payment of the usage fee.

7. Customer Responsibility and Liability

DSwiss has no means of viewing the content of data stored by customers and is therefore unable to verify the legality of content transmitted by customers.

The customer bears sole responsibility for the data uploaded by them. DSwiss accordingly disclaims any responsibility for the content of data uploaded by customers.

The customer undertakes, in connection with the use of DSwiss services, to comply with both Swiss law and the law of the country of their domicile or habitual residence. The customer undertakes in particular to upload only data for which they hold the necessary rights, and which do not violate Swiss law or other applicable law, or infringe the rights (in particular personal rights) of third parties or DSwiss. The customer further declares that they will not at any time upload credit card data or content that is unlawful, glorifies violence, or is pornographic in nature.

The customer further undertakes to ensure that their data does not contain malicious programs that could harm DSwiss, other customers, or third parties.

Should the customer breach the foregoing obligations and DSwiss be held liable as a result, DSwiss reserves the right to take all necessary legal steps. The customer hereby undertakes to fully indemnify DSwiss against any and all liability for damages, claims, demands, costs, and reasonable legal fees (in particular third-party claims) arising in connection with data uploaded by the customer, or suffered by DSwiss as a result of the customer's breach of these GTC.

If the customer has paid for a SecureSafe for Teams, the customer, as administrator of that SecureSafe for Teams, is subject to particular liability in accordance with the provisions of these GTC. The administrator may transfer this function at any time to another DSwiss customer who has access to the relevant SecureSafe for Teams (hereinafter "future administrator"), provided the transfer process described on the DSwiss website can be successfully completed. The same applies to any subsequent transfers to future administrators. However, each former administrator remains responsible in all cases for the content and activities of the SecureSafe for Teams during the period in which they served as administrator.

8. DSwiss Warranties and Liability

DSwiss holds itself to the highest security standards. Nevertheless, all warranty claims of the customer are excluded to the extent not expressly provided otherwise in these GTC. DSwiss cannot in particular guarantee that the Internet Data Safe service will be available without error at all times or that a specific level of availability will be maintained. DSwiss further does not guarantee that all data types will be reproducible in the future using the hardware and software available at that time.

The liability of DSwiss arising from or in connection with this contractual relationship is excluded to the extent permitted by law.

The customer bears the sole risk that unauthorized third parties, whether in the context of data inheritance or otherwise, gain access to their stored data.

The customer bears the risk of any changes in law. This applies in particular if, as a result of a change in the legal framework, anonymized and encrypted data storage on the internet were to be prohibited and DSwiss were to be required by a regulatory act to delete all anonymous data storage accounts.

DSwiss has no access to customer passwords, does not know the passwords, and cannot reset or recover them. The customer acknowledges that their data may be irrecoverably lost if the password is forgotten (see also Section 5.2 above).

The customer acknowledges that DSwiss has no means of viewing the content of a SecureSafe for Teams. Responsibility for the content and activities of a SecureSafe for Teams rests solely with the person who uploaded the content (hereinafter "responsible customer") and the administrator of the relevant SecureSafe for Teams. In the event of a breach of these GTC or applicable law by the responsible customer, the administrator of the SecureSafe for Teams must immediately take action to remedy the violation. The responsible customer and the administrator of the SecureSafe for Teams are jointly and severally liable to DSwiss and shall fully indemnify DSwiss against any and all damages, claims, demands, costs, and reasonable legal fees arising in connection with data uploaded by the responsible customer, or suffered by DSwiss as a result of a breach of these GTC or applicable law by the responsible customer or the administrator of the SecureSafe for Teams.

The customer acknowledges that when using SecureSafe for Teams, they may be exposed to content they find offensive, harmful, or otherwise objectionable. The customer waives against DSwiss any claim based on the content of data stored or distributed through use of the services.

9. Contract Term, Termination, and Consequences of Termination

9.1 Contract Term

The contractual relationship between the customer and DSwiss is formed upon receipt of the acceptance declaration in the customer's account pursuant to Section 3 above and is concluded for the contract term selected by the customer.

If the customer pays DSwiss the usage fee for a desired extension of the contractual relationship prior to its expiration, the contractual relationship with DSwiss is extended accordingly.

If the customer does not pay any further usage fee, the contractual relationship expires. The contractual relationship also ends upon completion of data inheritance with respect to all data. For free DSwiss services, the contract expiration date is the date falling one year (365 days) after the customer's last login to their account.

9.2 Termination and Suspension

Either contracting party is entitled to terminate this contractual relationship immediately and without notice for good cause. Good cause entitling DSwiss to immediate termination includes in particular the customer's failure to confirm or withdrawal of amended GTC, or a breach of the contractual relationship by the customer.

In the case of SecureSafe for Teams, DSwiss is entitled, for good cause, to terminate the contractual relationship with a customer only in part, that is, with respect to one or more SecureSafe for Teams accounts or the customer's personal data safe. In such cases, DSwiss is also entitled to terminate all of the customer's data safes with immediate effect, or to terminate the contractual relationship with all users of the relevant SecureSafe for Teams with immediate effect. Immediate termination with respect to all users of a data safe is permitted in particular if one or more users of a SecureSafe for Teams breach these GTC or applicable law, or if DSwiss has reason to believe that this is the case and the administrator of the SecureSafe for Teams does not immediately take action against such violations or potential violations.

DSwiss is further entitled to suspend any type of data safe (including SecureSafe for Teams) without notice where good cause exists within the meaning of the provisions above.

9.3 Consequences of Termination

Termination of this contractual relationship for any reason shall have in particular the following effects: (1) Any usage fee already paid by the customer is forfeited and DSwiss is no longer required to refund it; (2) In the event of termination for good cause (but not in other cases of dissolution of the contractual relationship), the customer retains the right to download the uploaded data for a period of 90 days from the date of termination.

The customer alone is responsible for ensuring that uploaded data is downloaded in a timely manner. DSwiss has no notification obligations in this regard. In particular, DSwiss is not obliged to notify the customer before contract expiration or termination for any other reason that the data will be deleted following termination.

Termination by a customer never results in deletion of a SecureSafe for Teams, unless the customer is the administrator of that SecureSafe for Teams.

10. Data Protection

Both parties undertake to comply with applicable data protection laws.

The processing of personal data in connection with the use of the Internet Data Safe services is carried out in accordance with the data protection notices of DSwiss AG. The customer may at all times view and update personal data stored in their account.

The customer undertakes to ensure that the beneficiaries and authorized activators designated by them have consented to their role within this contractual relationship and in particular to the receipt of emails from DSwiss.

11. DSwiss as Exclusive Rights Holder

DSwiss exclusively and comprehensively retains all rights (copyright, domain rights, trademark rights, patent rights, etc.) and all know-how in relation to its website and its Internet Data Safe services.

12. Final Provisions

12.1 Prohibition of Set-Off

The customer's right to withhold payments or to offset counterclaims applies only to the extent that such counterclaims are undisputed or have been established by final and binding judgment.

12.2 Modification of DSwiss Services

DSwiss is entitled at any time and at its sole discretion to modify or discontinue the services to be provided under this contractual relationship. In the event of a modification to the services, Section 2, paragraph 2 above applies.

12.3 Written Form

Written form within the meaning of this contractual relationship for notices or termination is also satisfied by email or by a notification within the customer's account. The right of withdrawal or termination by the customer, which may not be exercised by email, remains reserved.

12.4 Inapplicability of Customer's GTC

The customer's own general terms and conditions do not apply to this contractual relationship.

12.5 Severability

Should one or more provisions of the contractual relationship be or become void or unenforceable, the remaining provisions of the contractual relationship shall not be affected. Any void or unenforceable provision shall be replaced by a provision that most closely achieves the economic purpose of the ineffective provision.

12.6 No Waiver of Rights

Should a party fail to exercise or delay in exercising any right arising from this contractual relationship, this shall not result in a forfeiture or loss of such rights. The failure to exercise or delayed exercise of a right shall in no case result in that right no longer being capable of exercise.

12.7 Authoritative Version

In the event of contradictions or questions of interpretation between the German and English versions of these GTC, the German version shall prevail.

12.8 Place of Jurisdiction and Applicable Law

The contractual relationship between the customer and DSwiss is governed by substantive Swiss law, excluding conflict of laws rules and international conventions.

The Commercial Court of Zurich has exclusive jurisdiction over any disputes.