Legal Notice / Imprint – evidona

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

This legal notice applies to the website and the cloud service evidona at *.evidona.ch. For self-hosting instances operated on a customer’s own infrastructure, the differing provisions in Section 11 apply.

1. Provider and Operator

The operator of the cloud service evidona and the responsible provider of this website is SimplyConnect GmbH, Schulstrasse 2b, 5426 Lengnau, Switzerland (hereinafter “SimplyConnect”, “we” or “us”). In cloud operation, SimplyConnect acts, under data protection law, as a processor with respect to the Documents uploaded by the Customer, and as a controller with respect to account, billing and usage data as well as the evidentiary data record (Evidence Bundle); details are governed by the Privacy Policy and the DPA.

2. Contact

3. Authorised Representative

SimplyConnect GmbH is represented by Daniel Baumann.

4. Commercial Register and Business Identification Number (UID)

SimplyConnect GmbH is entered in the commercial register. Business Identification Number (UID): CHE-160.031.708.

Legal review: add the competent commercial register office and the exact company name in accordance with the register extract. Verify VAT status – the UID is only to be shown with the addition “MWST” (CHE-160.031.708 MWST) if SimplyConnect is in fact entered in the VAT register; otherwise no VAT reference is to be included.

5. Software and Trademark Notice

evidona is a product of SimplyConnect GmbH. The software, the platform and all content of the cloud service are provided and further developed by SimplyConnect. All rights in the software and in the evidona brand remain with SimplyConnect.

Legal review: clarify the trademark status of “evidona”. As long as no registered trademark exists, the designation is to be used without the addition ”®”; the symbol ”®” may only be used after registration has been completed.

6. Disclaimer of Liability for Content

SimplyConnect prepares the content of this website and the cloud service with reasonable care, but assumes no warranty for its currency, completeness and accuracy. The information provided on the website is non-binding and serves exclusively for general information purposes; it does not constitute legal, tax or other professional advice. SimplyConnect reserves the right to change, supplement or remove the content at any time without prior notice.

This disclaimer relates exclusively to the content of the website and the service. It does not override the contractual liability provisions; the liability provisions of the GTC apply to the use of the service. Under those provisions, SimplyConnect is liable exclusively for damages arising from intent or gross negligence; liability for slight negligence, indirect and consequential damages, data loss, lost profit, third-party claims as well as delayed performance is excluded. Liability for personal injury as well as any further mandatory statutory liability remains unaffected.

This website may contain references (links) to third-party websites. SimplyConnect has no influence over their content and assumes no responsibility for it. The respective provider is solely responsible for the content of linked pages. At the time of linking, no unlawful content was discernible; an ongoing review of the content of the linked pages does not take place absent concrete indications of a legal violation. Upon becoming aware of legal violations, the relevant links will be removed without delay.

The content and works on this website and in the cloud service (in particular texts, graphics, logos, layout and software) are protected by copyright and, unless otherwise indicated, belong to SimplyConnect GmbH. Any use beyond the limits permitted by copyright law requires the prior written consent of SimplyConnect. “evidona” and the associated logo are signs of SimplyConnect GmbH. The rights of use granted by the service arise from the GTC or the license agreement, respectively.

9. Data Protection

The processing of personal data is governed by the Privacy Policy. In cloud operation, the Data Processing Agreement (DPA) applies in addition. The Swiss Data Protection Act (revFADP/Swiss DPA) applies, as well as, where applicable, the GDPR. Hosting and data storage take place in Germany / the EU (not in Switzerland); the transfer CH ↔ EU is covered by the mutual adequacy.

10. Applicable Law and Place of Jurisdiction

Swiss law applies exclusively, to the exclusion of its conflict-of-laws rules and the Vienna Sales Convention (CISG). The exclusive place of jurisdiction is the registered seat of SimplyConnect (Lengnau AG; competent District Court of Baden/Zurzach AG), unless mandatory law provides otherwise. The GTC apply in addition.

Legal review: confirm the exact designation of the competent court; in the case of use by private individuals, examine any mandatory consumer jurisdictions.

11. Self-Hosting Instances

This legal notice concerns the evidona Cloud (*.evidona.ch) operated by SimplyConnect. Where the evidona software is operated as a self-hosting instance on the Customer’s own or procured infrastructure, then not SimplyConnect, but the operating Customer is the operator and – where applicable – the provider of the respective instance. In this case, the operating Customer is itself responsible for its own, instance-specific legal notice as well as for compliance with the legal requirements applicable to it.

In self-hosting, SimplyConnect is exclusively the licensor of the evidona software; the license agreement for the self-hosted software is authoritative. The operating Customer is the sole controller within the meaning of data protection law and the operator of the instance. A DPA with SimplyConnect is not required as long as no personal data is transmitted to the licensor; the use of future connected services (e.g. a server-side document verification) may require its own contractual basis. With respect to self-hosting instances, SimplyConnect warrants neither availability (no SLA) nor the validity or evidentiary value of the signatures generated on the Customer’s infrastructure. The operating Customer is obliged to install updates and security patches. Details are governed by the license agreement.

Legal review: confirm the triggering of a (connected-service) DPA in the case of server-side document verification in self-hosting; bindingly determine update/patch deadlines (proposal: 30 days for ordinary updates, 7 days for security-critical patches).

12. 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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