Tresorit – External Collaboration Site Terms
BY ACCESSING, USING, VIEWING, ADDING ANY MATERIALS TO OR DOWNLOADING ANY MATERIALS FROM THE SITE, OR SUBMITTING ANY DATA TO US, YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED AND MUST CEASE USING THE SITE IMMEDIATELY.
If you are a Customer or User under the Tresorit Terms of Service, these Terms will apply, if at all, only to the use of the Site to the extent such use is not already governed by the Terms of Service. If you receive a request initiated by a User under the Tresorit Terms of Service for the electronic signature of an electronic document ("eSign Request"), your use and access to the eSign Services is governed by the Signatory Terms.
Usage and access rights
- Eligibility to Use: By agreeing to these Terms, you are representing that you are: (i) of legal age (18 years of age or older or otherwise of legal age in your resident jurisdiction) and competent to agree to these Terms; (ii) you comply with clause 7 (Embargoed Countries).
- Limited License: Upon your acceptance of these Terms, Tresorit grants you limited, non-exclusive and non-transferable license to access and use the Site only as expressly permitted in these Terms and our Acceptable Use Policy. You shall not use or permit use of the Site for any illegal purpose or in any manner inconsistent with the provisions of these Terms.
- Reservation of Rights: The Site contains materials that are proprietary and are protected by copyright laws, international treaty provisions, trademarks, service marks, and other intellectual property laws and treaties (collectively, "Intellectual Property Rights"). Except as expressly set out in these Terms, these Terms does not grant any right, title, or interest to you in any Intellectual Property Rights.
- Software Use Restrictions: Software available through the Site or third-party websites or applications (the "Software") is the copyrighted work of Tresorit or Tresorit's licensors. Use of the Software is governed by these Terms and our Acceptable Use Policy. Unauthorized reproduction or distribution of the Software is expressly prohibited by law and may result in civil and criminal penalties.
- Third-Party Content: The Site may contain features and functionalities linking to or providing certain functionality and access to third-party content. You understand that Tresorit uses strong cryptography algorithms to protect files uploaded and/or shared through our paid Services ("Customer Files ") and our customers have exclusive control over and responsibility for the content, quality, and format of any Customer Files. TRESORIT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY CUSTOMER FILES OR THIRD PARTY CONTENT, AND THE TRESORIT WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY SUCH CUSTOMER FILES OR THIRD-PARTY CONTENT.
- Copyright: Tresorit respects the Intellectual Property Rights of others, and Tresorit requires the same from its users. If you want to report a claim that a third party is infringing that material on or through the Service, please send a notice in accordance with Section 7 of our Acceptable Use Policy.
Email Encryption Services
If you receive/or respond to Encrypted Email Content shared by Customer or User under the Terms of Service, you understand and acknowledge that the Email Encryption Services ("EE Service") is aimed at the protection of email content and its attachments (if any) and does not enable itself, direct exchange of information. Tresorit is not responsible for delays, delivery failures or other loss or damages resulting from the transfer of data over communication networks which are not owned by us or not under our direct control.
If you receive Encrypted Email Content via the EE Service, you are granted with a limited, non-sublicensable, non-exclusive, non-transferable right to use the EE Services, solely to access and download the received Encrypted Email Content and to respond to the sender of the received Encrypted Email Content by using the EE Service. You acknowledge and understand that your permitted use is limited to the above.
To the extent permitted by law, you will defend, indemnify and hold harmless Tresorit, including its employees and affiliates, from and against any claims, incidents, liabilities, procedures, damages, losses and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site or your violation of these Terms.
- Provided as-is: The Site is provided "as is" and "as available", without express or implied warranty or condition of any kind and you shall use it at your own risk. To the maximum extent permitted by applicable law, Tresorit also disclaims any warranties of merchantability, fitness for a particular purpose or non-infringement or any warranty that the Site is of any particular quality or purpose.
Limitation of liability: TRESORIT'S LIABILITY FOR SIMPLE NEGLIGENCE AND FOR AUXILIARY PERSONS IS EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, TRESORIT AND ITS AFFILIATES, RESELLERS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY LOST PROFITS, REVENUES, OR BUSINESS OPPORTUNITIES, LOSS OF USE, LOSS OF DATA, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR ANY ALLEGED COMPUTER VIRUS, AND ANY OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CRIMINAL, SUBSEQUENT OR CONSEQUENTIAL DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SITE, REGARDLESS WHETHER TRESORIT HAS BEEN ADVISED OR SHOULD HAVE HAD KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES.
AFOREMENTIONED LIMITATIONS OF LIABILITY DO NOT APPLY FOR CAUSED INTENTIONAL OR GROSS NEGLIGENT BREACH OF OBLIGATIONS BY TRESORIT AND DAMAGES CAUSED TO LIFE, BODY OR HEALTH, FOR DEFECTS IN CASES OF A GUARANTEE AND FOR FRAUDULENTLY CONCEALED DEFECTS, AS WELL AS FOR ANY OTHER LIABILITY THAT MAY NOT, UNDER APPLICABLE LAW, BE LIMITED OR EXCLUDED.
Remedy: NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, THE AGGREGATE LIABILITY OF TRESORIT AND ITS AFFILIATES, RESELLERS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS, INCLUDING ANY NEGLIGENCE ON YOUR PART, FOR ALL CLAIMS RELATING TO THE SERVICE IS LIMITED TO FIFTY EURO (EUR50) PER INCIDENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR PERSONAL INJURY OR DEATH WHICH MEANS THAT SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY. IN THESE JURISDICTIONS, TRESORIT'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
The Software includes cryptographic software that may be subject to import or export controls or other restrictions. You shall not access or use the Site if you are located in any jurisdiction in which the provision of the Site, Software or other components is prohibited under the laws of Switzerland, the United States or the European Union or other applicable laws or regulations (a "Prohibited Jurisdiction"). By using the Site, you represent and warrant that (i) you are not prohibited from receiving Swiss, EU or US exports; (ii) you are not a national of, or a company registered in, any Prohibited Jurisdiction; (iii) you shall not permit others to access or use the Services in violation of any U.S. or other applicable export embargoes, prohibitions or restrictions; and (iv) you shall comply with all applicable export laws regarding the transmission of technical data.
We may terminate or suspend these Terms at any time without notice to you. Without limiting the foregoing, we reserve the right to suspend and/or terminate your account immediately on notice, if we – in our own discretion or after receiving substantiated and valid complaints – find that you violate these Terms, the Acceptable Use Policy or any applicable laws. The provisions of Sections 2-5 and 9 will survive termination of these Terms.
- Changes to Terms: Tresorit may revise these Terms from time to time, and the latest version will always be available on Tresorit's website. Any such modifications, additions or deletions will be effective immediately upon posting. Your use of the Site after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions.
- Severability; Entire agreement: The provisions of these Terms apply to the maximum extent permitted by relevant law. If any court or relevant authority decides that any part of these Terms is unlawful, unenforceable, or invalid, the remaining clauses will remain in full force and effect. This is the entire contract between the parties regarding the Site. It supersedes any prior contract or oral or written statements regarding your use of the Site.
- Governing law: These Terms are governed by Swiss law, excluding the Swiss conflict of law rules, the United Nations Convention on the Sale of Goods and any Incoterms. For the avoidance of any doubt, if you are a consumer and have your habitual residence in the EU, this clause does not affect the protection provided by mandatory provisions of the law of your residence.
- Disputes: Any dispute between the parties in connection with the Site and/or these Terms shall be determined by arbitration administered by the International Centre for Dispute Resolution (ICDR) in accordance with its International Arbitration Rules. The number of arbitrators shall be one (1) as shall be selected by the ICDR. The place of arbitration shall be Zurich, Switzerland. The language of the arbitration shall be English. you reside in a country (for example, in the EU member state) with laws that give consumers the right to bring disputes in their local courts, this clause does not affect those requirements.