SSEUT

dated 13.01.2021 (version 1.6)

1st area of application

These General Terms and Conditions (hereinafter referred to as "GTC") govern the contractual relationship between DSwiss AG with registered office in Zurich, Switzerland (hereinafter referred to as "DSwiss") and the customer regarding Internet data safe services, which enable the customer to securely archive his electronic data online in a data storage facility, to share it with team members if necessary and to allocate the stored data to individual or several beneficiaries.

2. general terms and conditions as part of the contract and their amendment

DSwiss provides its services relating to Internet data safe services solely on the basis of these GTC and the other contractual components to which these GTC refer (hereinafter referred to as the "contractual relationship"). By clicking on the box provided for this purpose during account registration, the customer explicitly agrees to the GTC and the contractual relationship.

DSwiss may make changes to the provisions of the contractual relationship at any time and at its own discretion. They will be displayed to the customer in his account and on the DSwiss website before they come into effect. The customer must confirm these amended provisions in his account. After confirmation, the customer shall have a right of revocation in accordance with Section 4 below. Non-confirmation or revocation shall result in the termination of the contractual relationship. This is subject to extraordinary grounds for termination in accordance with Section 9 below.

3. conclusion of the contractual relationship

It is hereby expressly stated that the content of the DSwiss website or account registration is merely an invitation to submit an offer and does not constitute a binding offer by DSwiss. By completing the necessary information and expressly confirming his agreement with the provisions of the contractual relationship, the customer offers to use the services of DSwiss in relation to Internet data safe services.

The contractual relationship only comes into effect upon receipt of the declaration of acceptance from DSwiss in the customer's account. The right of revocation pursuant to Section 4 below remains reserved.

Each account opened by the customer for himself or for a legal entity is personal and may only be transferred to other natural persons or legal entities with the explicit consent of DSwiss. In particular, the resale of accounts is not permitted.

4. right of withdrawal of the customer

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

5. description of the services provided by DSwiss

5.1 Uploading, changing and deleting data

Upon conclusion of the contract, DSwiss shall allocate the customer his own storage space of an agreed size (quota) on its data storage. This enables the customer to upload his electronic data and store it in the storage space allocated to him (hereinafter referred to as "uploading data"), provided that the storage space is sufficient.

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 can download, change or delete the data he has uploaded at any time.

5.2 User name and password and login recovery code

When uploading the data, the customer selects an access name (hereinafter referred to as "user name") and an access password (hereinafter referred to as "password"). This ensures that only the customer has access to his archived data. The customer also receives a login recovery code in the event that he can no longer remember his user name and/or password.

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

The customer is obliged to ensure that his user name and password are stored and used securely. Should a third party gain knowledge of this, DSwiss accepts no liability for any resulting losses and damages, and the customer must indemnify DSwiss for damages in accordance with Section 7.

5.3 Data inheritance

The customer has the option of making the data uploaded by him/her accessible to beneficiaries (so-called data inheritance). The beneficiaries of this data (hereinafter referred to as "Beneficiaries") and the persons who can trigger the data inheritance process (hereinafter referred to as "Authorized Activators") can be specified by the customer in an input mask provided by DSwiss. This information is not mandatory. The customer does not need to specify either Authorized Activators or Beneficiaries. The data in the "Team Space" (shared team repository) of the "SecureSafe for Teams" product cannot be transferred to beneficiaries via data inheritance.

Once the data has been allocated, the customer receives the activation code, which he can give to one or more authorized users. This is a code which, when entered on the DSwiss website, starts the process of providing access to the beneficiaries. The customer can change the activation code at any time and thereby cancel the previous activation code.

The customer shall instruct his authorized activators that they must enter the activation code on the DSwiss website in the cases specified by him and thereby start the data inheritance. The customer is solely responsible for ensuring that the authorized activators follow his instructions.

First, entering the activation code triggers the automated notification to the customer, after which the data inheritance is completed unless the customer interrupts it. At the same time, the person authorized to activate receives notification that the customer has been informed of the possibility of interruption and that data inheritance will continue without interruption by the customer within the blocking period specified 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 above provisions.

If data inheritance is not interrupted within the blocking period, the data allocated by the customer will be made accessible to the beneficiaries designated by the customer. This is done by providing the beneficiaries with the access keys (user name and password) for their data area in an automated process. The customer selects the type of the various contact options (e-mail, SMS) when registering as part of his offer.

The customer alone is responsible for ensuring that the contact information regarding the beneficiaries and the persons authorized to activate is up-to-date and correct. DSwiss is under no obligation to undertake any corresponding investigations.

The beneficiaries are informed that they have 90 days to download the data allocated to them or to conclude a contract with DSwiss for their own account.

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

The customer is responsible for ensuring that the allocation of the data uploaded by him to the beneficiaries in the event of his death complies with the relevant provisions of inheritance law. In particular, the customer is responsible for ensuring that any bequests or legacies as dispositions of property upon death comply with the applicable formal requirements under inheritance law. Necessary documents (e.g. wills) can be handed over to an authorized person.

5.4 Data retention period

For the entire duration of the contractual relationship, DSwiss shall endeavor to ensure the secure archiving of the customer's uploaded data.

Upon expiry of the contract or termination of the contractual relationship, DSwiss's obligation to retain data shall also end - subject to Section 9.3 below. In this case, DSwiss has the right to release the customer's account or the corresponding quota on the online data storage and to delete the data archived therein.

DSwiss's obligation to retain data shall also end upon completion of data inheritance in respect of all data uploaded by the customer after expiry of the 90-day period notified to the beneficiaries in accordance with Section 5.3 above, whether the beneficiaries have downloaded the data, whether they have concluded their own contract with DSwiss, or whether they have not obtained access within this period.

5.5 Other services provided by DSwiss

In addition, the products of DSwiss and the services to be provided by DSwiss within the scope of this contractual relationship as well as the associated rights and obligations of the customer are described on the DSwiss website. The corresponding descriptions are integral parts of this contractual relationship.

6. user fee of the customer

Depending on the type of subscription, DSwiss services are subject to a fee (hereinafter referred to as "Paid Subscription Types") or free of charge (hereinafter referred to as "Free Subscription Type"). The user fee, if any, is incurred for the contract term selected by the customer and must be paid in advance. The amount of the usage fee depends on the scope of services granted to the customer (e.g. quota). The customer is notified of the usage fee when selecting the quota as part of the quotation.

The amount of the usage fee and the payment modalities for fee-based subscription types are listed on the DSwiss website. The prices and payment modalities published on the DSwiss website at the time the contract is concluded or extended are relevant. The corresponding information on the DSwiss website is an integral part of this contractual relationship.

A contract extension for fee-based subscription types requires the prior payment of the then applicable user fee for the selected scope of services. If this is not paid on time, this contractual relationship ends automatically.

The usage fee shall become due upon receipt of the declaration of acceptance in the customer's account in accordance with Clause 3 above and must be paid by the customer immediately, unless explicitly agreed otherwise between the parties. The customer shall be in default without any further reminder from DSwiss. The default interest is 5% per year.

Notwithstanding any deviating provisions of these GTC, DSwiss shall only provide services to the customer in the case of the chargeable subscription type after full payment of the user fee.

7 Responsibility and liability of the customer

DSwiss has no possibility of viewing the content of the data stored by customers. It is therefore also unable to check the legality of the content transmitted by customers.

The customer is solely responsible for the data uploaded by him. Accordingly, DSwiss declines all responsibility for the content of the customer's uploaded data.

When using the services of DSwiss, the customer undertakes to comply with both Swiss law and the law of his country of residence or domicile. In particular, the customer undertakes to upload only such data for which he has the necessary rights and which does 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 he will at no time upload credit card data or illegal, violent or pornographic content.

The customer also undertakes to ensure that his data does not contain any malware that could harm or damage DSwiss, other customers or third parties.

Should the customer violate the above obligations and DSwiss be prosecuted as a result, DSwiss shall be free to take any necessary legal action. The customer hereby undertakes to indemnify DSwiss in full against any liability for damages, claims, demands, costs and reasonable legal fees (in particular third-party claims) which are connected with the data uploaded by the customer or which DSwiss suffers because the customer violates these GTC.

If the customer has paid for a SecureSafe for Teams, he shall be subject to special liability as administrator of the SecureSafe for Teams in accordance with the provisions of these GTC. He may at any time transfer his function as administrator to another DSwiss customer who has access to the corresponding SecureSafe for Teams (hereinafter referred to as "future administrator"), provided that the transfer process described on the DSwiss website can be successfully completed. The same applies to any further transfers to future administrators. However, each former administrator remains responsible in any case for the content and activities of SecureSafe for Teams during the period in which he was an administrator.

8 Warranty and liability of DSwiss

DSwiss claims to meet the highest security requirements. Nevertheless, all warranty claims of the customer are hereby excluded, unless explicitly regulated otherwise in these GTC. In particular, DSwiss cannot guarantee that the service relating to Internet data safe services can be accessed without error at all times or that a certain level of availability exists. In particular, DSwiss does not guarantee that all data types can be reproduced in the future with the hardware and software available at that time.

The liability of DSwiss arising from and in connection with this contractual relationship is excluded insofar as this is legally possible.

The customer bears the sole risk of unauthorized third parties gaining access to the data stored by him, whether in the context of data inheritance or by other means.

The customer bears the risk of any changes in the law. This applies in particular if anonymized and encrypted data storage on the Internet is prohibited as a result of a change in the legal situation and DSwiss is obliged to delete all anonymous data storage due to an official act.

DSwiss has no access to the customer's passwords, does not know the passwords and cannot reset or restore them. The customer acknowledges that his data may be irrevocably lost if he forgets the password (see also section 5.2 above) and the customer acknowledges that DSwiss has no way of accessing SecureSafe for Teams. Therefore, only the person who uploaded the content (hereinafter referred to as the "responsible customer") and the administrator of the corresponding SecureSafe for Teams are responsible for the content and activities of the SecureSafe for Teams. In the event of violations of these GTC or applicable law by the responsible customer, the administrator of the SecureSafe for Team must immediately arrange for the violation to be remedied. The Responsible Customer and the administrator of the SecureSafe for Team shall be jointly and severally liable to DSwiss and shall fully indemnify DSwiss for any damages, claims, demands, costs and reasonable attorneys' fees relating to the data uploaded by the Responsible Customer or suffered by DSwiss as a result of the Responsible Customer or the administrator of the SecureSafe for Team violating these GTC or applicable law.

The customer acknowledges that when using SecureSafe for Teams, he may be exposed to content that he considers offensive, hurtful or otherwise unpleasant. The customer waives any claim against DSwiss based on the content of the data stored or disseminated through the use of the services.

9 Contract term, termination and consequences of termination

9.1 Contract term

The contractual relationship between the customer and DSwiss shall come into effect upon receipt of the declaration of acceptance in the customer's account in accordance with Section 3 above and shall be concluded for the contractual term selected by the customer.

If the customer pays the user fee for an extension of the contractual relationship requested by DSwiss before the contract expires, the contractual relationship with DSwiss shall be extended accordingly.

If the customer does not pay any further usage fee, the contractual relationship expires. The contractual relationship shall also end upon completion of the data inheritance process for all data. For free DSwiss services, the contract expires on the date that is 1 year (365 days) after the customer's last login to their account.

9.2 Termination and blocking

Both contracting parties are entitled to terminate this contractual relationship without notice for good cause. Good cause entitling DSwiss to terminate the contract without notice includes, in particular, the customer's failure to confirm or revoke amended GTC or a breach of this contractual relationship by the customer.

In the case of SecureSafe for Teams, DSwiss is entitled to terminate the contractual relationship with a customer only partially, i.e. with regard to one or more SecureSafes for Teams or the customer's personal data safe, without notice for good cause. In such cases, however, DSwiss is also entitled to terminate all of the customer's data safes without notice or to terminate the contractual relationship with all users of the corresponding SecureSafe without notice. Termination without notice for all users of a data safe is permitted in particular if one or more users of a SecureSafe for Team violate these GTC or the applicable law or DSwiss has reason to believe that this is the case and the administrator of the SecureSafe for Team does not take immediate action against such violations or potential violations.

DSwiss is also entitled to block any type of data safe (including SecureSafe for Teams) without prior notice in the event of an important reason within the meaning of the above provisions.

9.3 Consequences of termination

Termination of this contractual relationship for any reason whatsoever shall have the following effects in particular: (1.) The user fee already paid by the customer shall lapse and shall therefore no longer be refunded to the customer by DSwiss; (2.) In the event of termination for good cause (but not in other cases of termination of the contractual relationship), the customer shall still be able to download the data uploaded by him for a period of 90 days from the date of termination of the contractual relationship.

The customer alone is responsible for ensuring that the data uploaded by him is downloaded in good time. DSwiss has no notification obligations in this regard. In particular, DSwiss is not obliged to inform the customer before expiry of the contract or termination of this contractual relationship for any other reason that the data will be deleted after termination of the contractual relationship.

Cancellation by a customer never results in the SecureSafe for Teams being deleted, unless the customer is the administrator of the corresponding SecureSafe for Teams.

10. data protection

Both parties undertake to comply with applicable data protection regulations.

The processing of personal data in the course of using the Internet Datensafe services is carried out in accordance with the data protection information of DSwiss AG. The customer always has the option of viewing and adjusting his stored personal data via his account.

The customer undertakes to ensure that the beneficiaries and authorized activators selected by him agree to their function within the scope of this contractual relationship and in particular to the delivery of emails by DSwiss.

11 DSwiss as exclusive rights holder

DSwiss exclusively and comprehensively retains the rights (copyright, domain rights, trademark rights, patent rights, etc.) and all know-how relating to its website and its services concerning Internet data safe services.

12. final provisions

12.1 Prohibition of offsetting

The customer shall only be entitled to withhold payments or offset them against counterclaims to the extent that his counterclaims are undisputed or have been legally established.

12.2 Changes to the services of DSwiss

DSwiss is entitled at any time and at its own discretion to change or discontinue the services to be provided in accordance with this contractual relationship. In the event of a change to the services, Clause 2 para. 2 above shall apply.

12.3 Written form

Written form within the meaning of this contractual relationship in the case of notifications or termination also exists in the case of emails or a notification to the customer's account. The customer's declaration of revocation or termination, which cannot be made by email, remains reserved.

12.4 No application of the customer's GTC

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

12.5 Severability clause

Should one or more of the provisions of the contractual relationship be or become invalid or ineffective, this shall not affect the remaining parts of this contractual relationship. In the event of the invalidity or ineffectiveness of a clause, it shall be replaced by a clause that comes closest to the economic purpose of the invalid provision.

12.6 No loss of rights

Should a party fail to exercise rights to which it is entitled under this contractual relationship, or fail to exercise them in good time, this shall not result in the forfeiture or loss of these rights. The non-exercise or delayed exercise of a right shall in no case result in this right no longer being exercisable.

12.7 Decisive 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 subject to substantive Swiss law, excluding the conflict of laws rules and international agreements.

In the event of disputes, the Commercial Court of Zurich shall have exclusive jurisdiction.

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