General Terms and Conditions for TrustCerts

Published on 01 September 2019

We are pleased that you use TrustCerts! These Terms and Conditions (“Terms”) govern your access to and use of our services, client software and websites (“Services”). Our Privacy Policy explains how we collect and use your information, while our Terms of Use set out your obligations regarding your use of our Services. By using our Services, you agree to be bound by these TOS, our Privacy Policy and our Terms of Use. If you use our services on behalf of an organization, you agree to these TOS on that organization’s behalf.

Your files and your permissions

When you use our services, you provide us with your files, content, email messages, contacts, etc. (“Your Files”). Your files belong to you. These TOS do not grant us any rights to your files, other than the very limited rights that enable us to provide the Services to you. 

We need your permission, for example, to host, back up and release your files at your request. You give us permission to perform these actions, and this permission extends to our subsidiaries and the third parties with whom we work.

Sharing your files

With our services you can back up your files and document their unalterability for external third parties in a verifiable way, so think carefully about what you are sharing. 

Your responsibility 

You are responsible for your actions. Your actions and files must comply with our terms of use. The content contained in the Services may be protected by intellectual property rights. You may only save or release content if you
also have the right to do so.

We reserve the right to review your actions and content for compliance with these terms and conditions and our terms of use. However, we are not obliged to do so. We are not responsible for the content that users post and share through the Services.

Please help us to keep you up to date and to protect your files. Keep your password for access to the Services safe and keep your account information current. Do not give others access to your login information or account. You may use the Services only in compliance with applicable laws. This includes export control laws and regulations. Finally, you must be at least 13 years of age to use our services. In some cases the age limit is even higher. Residents of France, Germany or the Netherlands must be at least 16 years old. Please check with your local authorities to find out the age required for digital consent. If you have not reached this age limit, you are not entitled to use the services.

Software

Some of our services allow you to download client software (“Software”) that can be updated automatically. As long as you comply with these TOS, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Software solely for accessing the Services. To the extent that any portion of the Software is offered under an open source license, we will make the license available to you and the terms of the license may expressly override some of the terms in these TOS. To the extent permitted by law, you agree not to attempt to reverse engineer or decompile the Services or to support such attempts.

Beta Services

From time to time we release products and features that are still in the testing and evaluation phase. These services are referred to as, beta, pre-release, product preview or product evaluation or are described by terms and phrases with similar meaning. Please remember that they do not provide the same reliability as the other TrustCerts services.

Our property

Our services are protected by copyright and trademark law and by laws in Germany and other countries. These TOS do not grant you any right, title or interest in the Services, the content of others in the Services, or TrustCerts’ trademarks, logos and other proprietary marks. We welcome feedback, but would like to point out that the use of comments or suggestions does not imply any obligation to you.

Copyright

We respect the intellectual property of others and expect the same from you. We respond to notifications of alleged copyright infringement when they comply with the law. We reserve the right to delete or disable allegedly infringing content and to terminate the accounts of users who repeatedly infringe copyright. Your contact for reporting suspected copyright infringement in connection with the Services is

Copyright Agent
TrustCerts GmbH
Neidenburger Str. 43
45897 Gelsenkirchen
Germany
copyright@TrustCerts.de

Payable accounts

Billing – You can expand your service and add paid features to your account (by converting your account to a “paid account”). We will automatically bill you from the date you convert your account to a Paid Account and each time your subscription renewal is due until you cancel. If you have a yearly subscription, we will remind you by email that your subscription will be renewed shortly. You will be notified in good time before the renewal date. You are responsible for all taxes due and we levy taxes where we are required to do so by law. In some countries, you have certain termination or revocation rights under mandatory local law. This paragraph does not override such laws. No Refund – You may terminate your payable TrustCerts account at any time. Refunds will only be given where required by law. For example, users residing in the EU are entitled to cancel subscriptions to payable accounts within 14 days of registration, upgrade or renewal. Downgrades – Your payable account will remain in place until it is revoked or terminated in accordance with these terms and conditions. If you fail to pay the fees for your Paid Account in a timely manner, we reserve the right to suspend your access or reduce the Service. Changes – We may change the applicable fees, but will notify you in advance by email to the address associated with your account.

TrustCerts B2B

Email address – If you register for a TrustCerts account using an email address provided by your organization, your organization may be able to block your TrustCerts usage. Use of TrustCerts B2B – If you join TrustCerts B2B, you are obliged to use it in accordance with the terms and conditions and policies of your organisation. Please note that TrustCerts B2B accounts are under the control of your organization. Your administrators can access, disclose, restrict or remove information in your TrustCerts B2B account. They can also restrict or deny your access to a TrustCerts B2B account. If you convert an existing TrustCerts account to an account associated with a TrustCerts team, you can use it again later for private use only.

Termination of use

You can stop using our services at any time. We reserve the right to suspend or terminate your access to the Services with notice to you if:

(a) you breach these terms and conditions,
(b) you use the Services in a manner that would expose us or other users to a real risk of damage or loss; or
(c) you do not use a payable account and have not accessed our services for 12 consecutive months

Using the e-mail address associated with your account, we will promptly request you to cease such activity and give you the opportunity to export your files from our Services. If you do not take the necessary steps following this request, your access to the Services will be terminated or suspended. In the following cases, no prior notice of termination will be given:

(a) in case of a serious breach of these TOS,
(b) if this would create legal liability for us or impair our ability to provide the Services to other users; or
(c) where prohibited by law.

Termination of the provision of services

We reserve the right to suspend the services, either in case of unforeseen circumstances beyond TrustCerts control or to comply with a legal requirement. In this case you will be notified in advance so that you can alternatively back up your files. If we terminate the services in this manner before the end of a fixed term or minimum term for which you have paid, we will refund the fees paid in advance for which you have not received services. 

Services without warranty of any kind

We strive to provide outstanding services. However, there are some things we cannot guarantee. 

TO THE EXTENT PERMITTED BY LAW, TRUSTCERTS AND ITS SUBSIDIARIES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES. THE SERVICES ARE PROVIDED “AS IS” (“AS IS”). IN ADDITION, WE DISCLAIM ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 

Some jurisdictions do not allow the disclaimers set forth in this section. Therefore, they may not apply to you.

Limitation of Liability

THE DISCLAIMER OR LIMITATION OF LIABILITY WILL NOT APPLY TO YOU WHERE IT WOULD BE CONTRARY TO APPLICABLE LAW, SUCH AS IN THE EVENT OF FRAUD OR FRAUDULENT MISREPRESENTATION IN THE PROVISION OF THE SERVICES BY TRUSTCERTS OR ITS SUBSIDIARIES. IN JURISDICTIONS WHERE THE FOLLOWING TYPES OF DISCLAIMERS ARE NOT PERMITTED, WE WILL ONLY BE LIABLE TO YOU FOR LOSSES AND DAMAGES WHICH ARE THE REASONABLY FORESEEABLE RESULT OF A LACK OF REASONABLE CARE AND SKILL ON OUR PART OR BREACH OF CONTRACT. THIS PARAGRAPH DOES NOT AFFECT CONSUMER RIGHTS THAT CANNOT BE WAIVED OR LIMITED BY CONTRACTS OR AGREEMENTS. IN JURISDICTIONS WHERE LIABILITY EXCLUSIONS OR LIMITATIONS ARE PERMITTED, TRUSTCERTS, ITS SUBSIDIARIES, SUPPLIERS AND DISTRIBUTORS SHALL NOT BE LIABLE:

i. FOR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR
ii. FOR LOSS OF USE, LOSS OF DATA, LOSS OF BUSINESS OR PROFITS, IRRESPECTIVE OF THE LEGAL BASIS THIS DISCLAIMER OR LIMITATION OF LIABILITY APPLIES EVEN IF TRUSTCERTS OR ITS SUBSIDIARIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU USE THESE SERVICES FOR ANY COMMERCIAL, BUSINESS OR RESALE PURPOSES WHATSOEVER, TRUSTCERTS, ITS SUBSIDIARIES, SUPPLIERS AND DISTRIBUTORS SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, BUSINESS, BUSINESS INTERRUPTION OR LOST BUSINESS OPPORTUNITIES. TRUSTCERTS AND ITS SUBSIDIARIES ARE NOT LIABLE FOR THE CONDUCT OF USERS OF THE SERVICES, WHETHER ONLINE OR OFFLINE. EXCEPT FOR THOSE TYPES OF LIABILITY WHICH WE CANNOT BY LAW LIMIT (AS DESCRIBED IN THIS PARAGRAPH), WE LIMIT OUR LIABILITY TO YOU TO A MAXIMUM OF EUR 20 OR 100% OF THE AMOUNT PAID BY YOU UNDER YOUR CURRENT TRUSTCERTS SUBSCRIPTION, WHICHEVER IS GREATER.

Settlement of Disputes

Amicable settlement – We would like to solve your problems with TrustCerts without the involvement of a court. Before you file a lawsuit against TrustCerts, you should first seek an informal resolution of the dispute by contacting problem@TrustCerts.de. We will try to resolve the dispute informally by email. If a dispute is not resolved within 15 days of the dispute being raised, you or TrustCerts may initiate formal proceedings.

Jurisdiction – You and TrustCerts agree that any legal proceedings relating to claims arising out of or relating to these Terms or Services shall be brought in Essen, Germany. Both you and TrustCerts agree to submit to the jurisdiction and venue of such courts. If you are a resident of a country (e.g., EU member states) whose laws give consumers the right to sue in a local court, this paragraph will not affect those laws.

Governing Law

These GTC are subject to German law, apart from any conflict of laws rules. Some countries (including EU countries) have laws that require contracts and agreements to be governed by local laws in the consumer’s country. This paragraph shall not prevail over such laws.

Entire Agreement

These terms and conditions constitute the entire agreement between you and TrustCerts with respect to the subject matter hereof and supersede all prior agreements between you and TrustCerts.