Terms of Use for System Users of Skribble

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These Terms of Use govern your use of the Skribble Cloud Solution ("Skribble Services"). These terms of use form a binding contract between you as a System User of the Skribble Services and Skribble AG, Förrlibuckstrasse 190, 8005 Zurich, Switzerland ("Skribble Switzerland") or Skribble Deutschland GmbH, An der Raumfabrik 29, 76227 Karlsruhe, Germany ("Skribble Germany") (both “Skribble”).

1. Subject matter and scope

1.1 You are using the Skribble Services because you have signed a customer contract (Customer Contract) with Skribble, because you have been identified by a Skribble Customer as authorised to use the Skribble Services, or because you have received a signature invitation.

1.2 If you are using the Skribble Services via the platform my.skribble.com, you enter into these Terms of Use with Skribble Switzerland. If you are using the Skribble Services via the platform my.skribble.de, you enter into these Terms of Use with Skribble Germany.

1.3 In addition to these terms of use, the data protection terms of Skribble and the conditions of the trust service providers apply.

2. License

2.1 Subject to the conditions of these Terms of Use, Skribble hereby grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable license to use the Skribble Services.

3. General rules for handling the account

3.1 The System User agrees that their full name and e-mail address are embedded in the certificates issued. 

3.2 The System User guarantees that they have exclusive use of their email account, that they have full access to it and that they keep their data in their user account up-to-date.

3.3 The System User undertakes to protect their authentication data against unauthorised access in accordance with the state of the art and to notify Skribble and the trust service providers immediately if there is any suspicion of unauthorised access.

3.4 Neither the Customer nor the System User may take measures that impair the functionality of the Skribble Services and their connections to users, hosts or networks.

3.5 System Users may not use the platform in any unauthorised manner. In particular, the Customer and System User:

• may not use the Skribble Services in any manner that infringes any copyright, database right, trademarks, rights to confidentiality or any other intellectual property rights, or violates any data protection, privacy or any other personal rights of any Third Party.
• may not use the Skribble Services for commercial purposes outside the scope specified by Skribble.
• may not import malicious software (such as viruses, malware, trojans, viruses, scripts), other computer codes, files or programs (such as browsers with scraping and crawling functions) into the Skribble Services.
• may not send unsolicited mass mailings (SPAM, mail bombs, etc.).

3.6 System Users may not impersonate any person or organisation, or falsely state or otherwise misrepresent their affiliation or relationship with any such person or organisation.

3.7 System Users independently secure data in their account. Skribble does not owe any data availability.

3.8 System Users acknowledge the right of Skribble to disclose data from their user account to the Customer (usually the System User's employer) if it appears that the System User in question has misused the Skribble Services to disseminate criminal or infringing information.

4. Exclusion of liability

4.1 Skribble accepts no liability whatsoever towards you as the System User.

4.2 Any liability of Skribble towards the Customer shall be governed by the Customer Contract with the Customer.

4.3 Skribble is neither a trust service provider nor a certification authority within the meaning of the Federal Electronic Signature Act (ZertES). Nor is Skribble a (qualified) trust service provider within the meaning of the Regulation of the European Parliament and of the Council on electronic identification and trust services for electronic transactions in the internal market (eIDAS No. 910/2014). Skribble therefore excludes any liability caused mainly or exclusively in connection with the services of the trust service providers or the certification authority.

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