Acceptable Use Policy

Draft – pending legal review. The German version is authoritative; this English version is a non-binding translation.

The operator of the evidona cloud service is SimplyConnect GmbH, Schulstrasse 2b, 5426 Lengnau, Switzerland (UID CHE-160.031.708), represented by Daniel Baumann (hereinafter “SimplyConnect”, “we” or “us”). General contact: office@simplyconnect.ch; data protection: datenschutz@simplyconnect.ch.

This Acceptable Use Policy sets out in detail the permitted use of the evidona cloud service provided via *.evidona.ch and forms part of the GTC, to which it refers. The terms used here (Customer / Organisation, Authorised User, Signer / Guest Signer, Document, Evidence Bundle, signature level) have the meaning defined in the GTC.

1. Purpose and Scope

This Acceptable Use Policy specifies which content and conduct are permitted when using evidona and which are prohibited. It applies to the Customer and to all persons to whom the Customer enables use of the service, in particular to its Authorised Users as well as to invited Signers and Guest Signers. In the event of conflicts between this Acceptable Use Policy and the GTC, the GTC shall prevail.

2. Prohibited Content and Uses

The Customer shall not use the service for, and shall not upload Documents that

  • are unlawful, fraudulent or misleading, or serve to deceive third parties;
  • infringe the rights of third parties, in particular copyrights, trademarks or other intellectual property rights;
  • violate the personality rights or privacy of third parties, or process personal data without a sufficient legal basis;
  • contain defamatory, violence-glorifying, discriminatory or otherwise offensive content.

Furthermore, use of the service is prohibited for Documents for which the law mandatorily prescribes a qualified electronic signature (QES) or the handwritten or qualified written form (cf. Art. 14 et seq. Swiss Code of Obligations (CO)), unless the Customer independently fulfils this formal requirement outside of evidona. evidona does not offer QES; the Customer is responsible for selecting a signature level (SES/AES) appropriate to its use case and to any formal requirements.

Legal review: Reconcile the catalogue of mandatory formal/QES requirements with the wording used in the GTC and in the consent to electronic signature, and keep it consistent.

3. Security and Integrity

In order to safeguard the security and integrity of the service, it is prohibited to,

  • upload or distribute malware, viruses, trojans or other malicious code;
  • query the service by means of automated bulk or scraping access, except where expressly permitted via an interface provided by us;
  • circumvent, manipulate or disable integrity, authentication or security mechanisms of the service, in particular the Evidence Bundle, the qualified time stamp, the SHA-256 integrity hash, the Signer metadata or the signature log;
  • circumvent the identity verification in the signing process (one-time code/OTP by e-mail or SMS) or impersonate other identities;
  • overload or disrupt the service or the underlying infrastructure (e.g. by generating load, denial-of-service attacks or disproportionate query volumes);
  • obtain, or attempt to obtain, unauthorised access to the accounts, tenants or data of others.

4. Customer’s Responsibility for its Users and Guest Signers

The Customer is responsible for compliance with this Acceptable Use Policy by all persons to whom it enables use. This includes its Authorised Users, their access credentials and multi-factor authentication, as well as the Signers and Guest Signers invited by it. Guest Signers do not have an account and access the service via a secure link; the Customer ensures that they accept the terms displayed at the time of signing (consent to electronic signature). Violations by these persons are attributed to the Customer.

5. Consequences of Violation

In the event of violations of this Acceptable Use Policy, we may block or remove the content concerned, suspend the access of individual users or of the entire tenant temporarily or permanently, and terminate the contractual relationship in accordance with the GTC (in particular for good cause). In the event of an imminent or actual threat to the security, integrity or lawfulness of the service, we may take immediate measures. Further rights, in particular to damages within the scope of the liability governed by the GTC, are reserved.

6. Reporting Abuse

Please report unlawful content, security incidents or other abuse of the service without delay to office@simplyconnect.ch; please direct data-protection-related reports to datenschutz@simplyconnect.ch. The Customer shall likewise report a compromise of access credentials or any other abuse without delay via these contacts.

7. Version and Language

The German version is authoritative; the English version is a non-binding translation. French and Italian versions will follow. Version: see the version information at the bottom of the page.

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