Status: 29th September 2022
1. Subject matter and scope
1.1 You are using the services of Subsign because:
- you have an active customer contract with Subsign.
- you have been added by a Subsign user.
- you have received an invitation to sign.
The right to use the Subsign Services shall enable the Customer to use the Subsign Services as intended, non-exclusively, limited to the term, non-transferable and non-sublicensable within the scope ordered by the Customer
3. General rules in handling the user account as well as invitation links (invitations) for signing as a user without an account
3.1 The user agrees that his full name (according to the official document) and e-mail address will be embedded in the certificates issued.
3.2 The user confirms that he has the exclusive use of his e-mail account, he has full access to it and he keeps his data in his user account up to date.
3.3 The User undertakes to protect its authentication data from unauthorized persons in accordance with the state of the art and to notify Subsign immediately if unauthorized access is suspected.
3.4 The user may not take any measures that impair the functionality of the Subsign Portal and its connection to other users, hosts, or networks.
3.5 Users may not use the Subsign Portal if:
- in any way infringes copyright, database rights, trademarks, confidentiality claims, other intellectual property rights or any other right
- data protection law or the right to privacy is violated
- other personal rights of third parties are violated
- the services are used for commercial purposes outside the scope specified by Subsign
- malware (e.g. viruses, malware, Trojans, scripts), other computer codes, files or programs (such as scraping or crawling functions) are imported into the Subsign portal
- unsolicited mass mailings are sent (SPAM, mail bombs, etc.).
3.6 Users may not impersonate or otherwise misrepresent their affiliation or relationship with any other person or entity.
3.7 Users independently ensure the backup of data in their user account. Subsign does not owe any data availability.
3.8 Users acknowledge Subsign's right to disclose data from their user account to the user's employer if there is a suspicion that the user in question has misused the Subsign portal to disseminate criminal or infringing information.
3.9 The user acknowledges that documents which are not actively involved in a workflow are automatically deleted from the subsign servers after 72 hours. This concerns the states: Completed, Rejected as well as Incorrect.
3.10 Applied or triggered seals and signatures are chargeable (charged to the appropriate package), even if documents are cancelled, rejected, or deleted.
3.11 A person invited to sign gets access to the corresponding document. The invitation link becomes invalid after 7 days and the invited person can no longer access the document. Deleting the document in the portal immediately makes access no longer possible for invited persons. Therefore, make sure to enter the recipient's e-mail address correctly.
OBJECT is neither a trust service provider nor a recognition body within the scope of the Swiss Federal Act on Certification Services in the Field of Electronic Signature and Other Applications of Digital Certificates (Federal Act on Electronic Signature, ZertES). OBJECT is also not a trust service provider under Regulation (EU) No. 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (eIDAS Regulation).
5. Disclaimer (analogous to point 15 from GTC)
5.1 OBJECT is liable for any legal reason in case of intent or gross negligence, in case of negligent or intentional injury to life, body or health, or due to mandatory legal liability such as under product liability law.
5.2 Regardless of the cause of liability (contractual, non-contractual, breach of a warranty, etc.) and regardless of the number and the time of occurrence of the damaging events, OBJECT is liable to the customer (incl. authorized system users) for the direct and immediate damages that OBJECT has demonstrably and culpably caused to the customer out of or in connection with the customer contract, if and to the extent that OBJECT's liability insurance covers the damages. The amount of coverage for personal injury and property damage is 10'000'000 Swiss Francs.
5.3 OBJECT excludes liability for any other or further damages, for indirect, special, incidental or consequential damages, loss of profits, loss of use, unrealized savings, loss of earnings, business or production interruption, loss of data and loss of reputation, regardless of the cause.
5.4 OBJECT excludes any liability for damages, the cause of which is related to the services of the trust service provider, if there is a contract between the client and the trust service provider or if the client can claim the damage directly from the trust service provider.
5.6 OBJECT excludes any liability for damages that may arise due to lack of availability of the Subsign services.
5.7 The foregoing liability provisions shall also apply with respect to OBJECT's liability for further vicarious agents and legal representatives.
6. Final provisions
6.1 Neither party may transfer rights and obligations under this Agreement to third parties without the prior express consent of the other party.
6.2 Should any provision of these GTC prove to be unfulfillable, invalid or ineffective, this shall not affect the fulfilment, validity and effectiveness of the remaining provisions. In this case, the parties undertake to replace the unfulfillable, invalid or ineffective provision with a fulfillable, valid or effective provision that comes closest in terms of content and economy to the original intention of the parties.
6.3 The contractual relations between the parties shall be governed exclusively by Swiss law, to the exclusion of the Vienna Sales Convention (CISG).
6.4 Exclusive place of jurisdiction is at the registered office of OBJECT. However, OBJECT is in any case entitled to appeal to the court at the customer's place of business.