Swiss Safe Storage Terms of Use

1. All programs provided by InfoForm SA are on an 'as is' basis with no warranties of any kind and InfoForm SA will not be liable for any damages of any kind arising from usage. InfoForm SA further disclaims all warranties, express or implied, including or without limitation, any implied warranties of merchantability or fitness for a particular purpose.

2. InfoForm SA grants you a non-exclusive, non-transferable, royalty-free, limited license to use the binary form of the software provided by Swiss Safe Storage an InfoForm SA brand for personal use only. Redistribution of programs owned by InfoForm SA, unless explicitly granted by InfoForm SA, is strictly prohibited.

3. All content included on this site, including text, graphics, logos, button icons, images and software, is the property of InfoForm SA or its content suppliers and is protected by international copyright laws. Any attempt of reverse engineering, disassembly, or decompiling of programs, unless explicitly permitted in writing, is prohibited by law.

4. InfoForm SA may send notices to you via either email or regular mail. InfoForm SA may also provide notice of any change to either terms nor other condition by displaying notice or link to notice amidst services provided by Swiss Safe Storage.

5. While it is not InfoForm SA intent to monitor your online data, InfoForm SA reserves the right to edit or remove content which may be determined as harmful or offensive to the public. Your account may be terminated or suspended as result of such a violation of rules.

6. The integrity of the system requires proper use of email (Netiquette). The use of email, directly or indirectly as a spamming tool, or any other unlawful usage is strictly prohibited.

7. InfoForm SA reserves the right to modify any service or to discontinue it with or without notice, temporarily or permanently, this at any time.

8. You are prohibited to use services provided by InfoForm SA for any illegal activity even if not mentioned above, including but not limited to, attempts to compromise the security of any network account, website or country. Legal procedures will be engaged by InfoForm SA should InfoForm SA be aware of any of these activities.

9. InfoForm SA shall not be liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, loss of backup data, or like), whether based on breach of contract, offense (including negligence), product liability or otherwise, even if InfoForm SA or its representatives have been advised of the possibility of such damage and even if a provision set forth herein is found to have failed of its essential purpose.

10. Are considered as users and identified as such, people who knows the encryption keys. Users are responsible to ensure that their encryption keys are kept in safe and secure storage. InfoForm SA shall not be liable for any damage (including damages for not being able to restore data or the disclosure of confidential information) resulting from loss/corruption/compromise of these keys.

11. Subscription; Beginning, span and term of subscription contract.
Customers of InfoForm SA are required to freely test the software before any purchase. As soon as a backup account exists and contains at least a session we assume that the customer – who managed to correctly operate a backup session with Swiss Safe Storage - could carry out the backup operation to her/his satisfaction, thus purchasing it based on the test done. Without contrary indication, subscription is concluded on an annual base.
Payment of subscription must be done annually in advance. Starting second year, you will receive 45 days before due date of subscription, an annual invitation to renew your Swiss Safe Storage online backup account. To keep your Swiss Safe Storage backup service up and working, you will have to pay your subscription before due date stated by email. Subscription may be cancelled in anticipation by both part, in writings, for any month's end, provided a 2 months notice.
Cancellation fees are CHF 150. – without taxes for 'User' version and CHF 290. – without taxes for 'Entreprise' version.
Should the subscriber decide to stop his/her subscription to Swiss Safe Storage on-line backup service, he/she just need to discard our invitation to renewal. In that case, customer account will be blocked after subscription's due date.
Blocked subscriber will receive a last invitation to reactivate their subscription. In subscriber absence of action 45 days after due date, Swiss Safe Storage account will be actually erased. Unblocking fees will be CHF 150. – without taxes.

12. Nature and extent of the various backup services are available in the Swiss Safe Storage site (www.SwissSafeStorage.ch). Present general terms document serves as base for all relations between Swiss Safe Storage subscribers and InfoForm SA. InfoForm SA will provide indicated services as long as usual technical and operational means permit it, provided that customers own suitable Internet lines.

13. Force Majeure. InfoForm SA will not be liable of partial or total failure resulting from Force Majeure. Are considered Force Majeure case natural phenomenas of a specific intensity (avalanches, floods, etc) conflicts, terrorism, strikes, unexpected official restrictions, etc

14. 'Entreprise' version of Swiss Safe Storage. To fulfil its contractual engagements, InfoForm SA may at any time and on preliminary request from customer send an authorized technician in order to carry out installation and parameter setting for Swiss Safe Storage Entreprise software. InfoForm SA declines any liability should a failure arise following installation by an unauthorized third person.

15. In the case prices were not fixed by contractual documents or were not communicated prior using a given service, the current Swiss Safe Storage price list is outstanding. Customers accept current prices by subscribing a Swiss Safe Storage on-line backup services.

16. Intellectual property. All rights related to intellectual property existing or formed at the time of contract execution related to products and services of InfoForm SA belong to the latter or their respective copyright owners.

17. In the event of taxes modification (particularly VAT), InfoForm SA has the right to adapt tariffs consequently. In this case, customers have no right to cancel by anticipation.

18. Transmission of rights and obligations. Customers are not authorized to transfer rights or obligations rising from this contract to others without preliminary agreement from InfoForm SA. InfoForm SA may transfer the rights and the obligations rising from this contract to an associated company.

19. General terms were written in French. Other languages are translated from French. Should a litigation arise, the French version will prevail.

20. The contract is governed by Swiss law. Place of jurisdiction is Bière.