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 and those of the identity verification providers apply (see also Section 5.3 below).
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 using the Skribble Services
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 e-mail 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 The System User shall not use the Skribble Services (including the platform) in any unauthorised manner. In particular, the System User:
- shall not use the Skribble Services in any manner that infringes any copyright, trademarks, or any other intellectual property rights, any database rights or any rights to confidentiality, or that violates any data protection, privacy or any other personal rights of any third party.
- shall not use the Skribble Services for commercial purposes outside the scope specified by Skribble.
- shall 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.
- shall not send unsolicited mass mailings (SPAM, mail bombs, etc.).
3.6 The System User shall not impersonate any person or organisation, or falsely state or otherwise misrepresent their affiliation or relationship with any such person or organisation.
3.7 The System User is responsible for independently securing the data in their user account. Skribble does not owe any data availability.
3.8 The System User acknowledges 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, in particular 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 nor an identity verification provider 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 for damages caused exclusively or mainly in connection with the services of the trust service providers, the certification authority and the identity verification providers.
5. Use of Swisscom PXL Vision
The following provisions apply exclusively to the use of Qualified Electronic Signatures (QES) within the Skribble Services. They do expressly not apply to System Users who neither use nor initiate any QES.
5.1 For the provision of QES , Skribble relies on the services of third-party providers:
- The services of PXL Vision AG may be used to verify the identity of System Users when required for the issuance of a QES, using their PXL Ident solution.
- Swisscom (Switzerland) Ltd and Swisscom IT Services Finance S.E. act as the trust service providers responsible for issuing qualified electronic certificates and generating remote signatures in compliance with either ZertES (Swisscom (Switzerland) Ltd) or eIDAS (Swisscom IT Services Finance S.E.).
5.2 Skribble facilitates these services but neither acts as a trust service provider nor assumes any responsibility for:
- Identity verification accuracy (PXL Vision AG),
- Certificate issuance and signature generation (Swisscom (Switzerland) Ltd and Swisscom IT Services Finance S.E.),
- Any service outages or disruptions attributable to these third party providers.
5.3 For the use of the QES functionality, the System User enters into a direct contractual relationship with Swisscom (Switzerland) Ltd and/or Swisscom IT Services Finance S.E. (as qualified trust service providers) and, where applicable, PXL Vision AG (as identity verification provider). Skribble is not a party to these contracts. By initiating a QES, the System User acknowledges and agrees to the following terms and conditions of these third party providers:
- Swisscom (Switzerland) Ltd
Swisscom ZertES Terms and Conditions (PDF) - Swisscom IT Services Finance S.E.
Swisscom eIDAS Terms and Conditions (PDF) - PXL Vision AG
PXL Ident QES Terms of Use (PDF)
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