Tresorit – Email Encryption Specific Terms

If, at its sole discretion, Customer elects to use the Email Encryption Services ("EE Services"), then Customer’s and its Company Administered Users’ use of EE Services is subject to the Tresorit Terms of Service, the following terms ("Terms")

By accessing to and using the EE Services you agree to be bound by these Terms and acknowledge the Encryption Privacy Notice. The offering of the EE Services to you is conditional on your acceptance of these Terms. If you do not agree to these Terms, you must not access or use the EE Services.

1. Service
   1. Scope: The EE Services enable Customer to protect email content and attachments by client-side encryption. Tresorit will make available the EE Services to Customer in accordance with these Terms, and grants to Customer a limited, non-sublicensable, non-exclusive, non-transferable right to allow its Company Administered Users to access and use the EE Services in accordance with the Documentation, solely for Customer’s business purposes.
   2. Limitation: You understand and acknowledge that the EE Service is aimed at the protection of email content and its attachments (if any) and does not enable itself, direct exchange of information. Any exchange of information is carried out by a third-party. 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.
2. Customer’s responsibility
   1. Eligibility to use: Customer understands and agrees that, in order to use the EE Services, Users and Collaborators must meet certain requirements as described in the Documentation. In particular, Company Administered Users and Collaborators are required to connect and use third-party products, services, or software ("Third-Party Service") in conjunction with Customer’s use of the EE Services. For such purpose, Customer expressly authorizes Tresorit to connect to and use such Third- Party Service (in particular, Microsoft email protocols and API).
   2. Compliance: Customer represents that it has the requisite expertise to evaluate the suitability of the EE Services and it has in fact undertaken its own investigation of the suitability for the Customer’s purposes and it has relied upon its own skill and judgement. Tresorit will not be liable if an unauthorized person gets access to Customer Files, as a result of, or in connection with the integration with a Third-Party Service.
3. Confidentiality of Email Content
   1. Encryption: Email content and attachments uploaded / shared via the EE Services are encrypted by client-side encryption ("Encrypted Email Content"). According to the best of Tresorit’s knowledge, the current state of the art, Tresorit is unable to decrypt the Encrypted Email Content.
   2. Collaboration: You understand and agree that (i) Collaborators may be able to respond by using the EE Services, (ii) any Encrypted Email Content addressed to you will automatically decrypted by the EE Service and available to you if the requirements set out in the Documentation are met, and (iii) Encrypted Email Content may be stored through your Customer account.
4. Third-Party Services
   1. Third-Party terms: You acknowledge that your use of such Third-Party Service is governed solely by the terms and conditions and privacy policy of such Third-Party Service (including, but not limited to, the Microsoft terms). Tresorit does not endorse, is not liable for, and makes no representations as to the Third-Party Service, or the manner in which such Third-Party Service uses, stores, or processes your data. We are not liable for any damage or loss arising from or in connection with your use of such Third-Party Service. We are not responsible or liable for any changes to or deletion of your data as a result of, or in connection with the integration with the Third-Party Service.
   2. Availability: The availability of the EE Services may depend on the availability of Third-Party Services and their features and functionality. You understand and agree that we do not control Third-Party Service features and functionality, and Third-Party Services may change without any notice to us. If any Third- Party Service stops providing access to some or all of certain features or functionality, we may stop providing access to certain features and functionality of our Services. We will not be liable to you for any refunds or any damage or loss arising from or in connection with any such change made by the Third-Party Service.
   3. Changes: Tresorit reserves the right to change the available Third-Party Service(s) at any time and/or to revoke the EE Services in accordance with Clause 1.3 of the Terms of Service.
5. Interpretation
   1. These Terms shall be construed in accordance with the provisions of the Terms of Service. In case of any discrepancies between the Terms of Service and these Terms, the provisions of these Terms shall prevail. For the purposes of these Terms, all reference to
      1. Privacy Policy also means the Email Encryption Privacy Notice;
      2. Customer Files means email content and attachments uploaded and/or downloaded to the Service;
      3. Encrypted Content means Encrypted Email Content;
   2. The Data Residency Option is not available in connection with EE Services and, unless Customer has a separate agreement with us in writing, the Data Residency Option Specific Terms is not applicable in respect of Encrypted Email Content.
6. Miscellaneous
   1. Governing law: These terms are governed by Swiss law, excluding the Swiss conflict of law rules. The parties specifically exclude applicability of (i) the United Nations Convention on the Sale of Goods and (ii) any Incoterms.
   2. Disputes: Any disputes arising out of or in connection with this agreement shall be decided 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.