General Terms and Conditions Docufi3d UG (haftungsbeschränkt)

Legally non-binding translation.

Last updated in May 2024.

§1 Scope

• These General Terms and Conditions (hereinafter "GTC") regulate the conditions for the use of "Docufi3d Online Services" a) eKYC, b) identity wallet c) eMail, d) delegation center, e) eSign (test), offered by Docufi3d UG (haftungsbeschränkt) c/o TechHub K67 Kasernenstr. 67 40213 Düsseldorf, Germany, hereinafter "Docufi3d". These GTC become part of the contract when listed in the contract document as part of the contract, or when you use the "Docufi3d Online Services".
• Docufi3d reserves the right to change these GTC at any time. Users will be informed of changes in a timely manner. Continued use of the service after changes to the GTC is considered consent to the modified conditions.
• These GTC are an integral part of the customer contract. In case of conflicting provisions in the customer contract, the provisions of the customer contract take precedence over the GTC.
• The customer is obliged to accept additional terms of use for certain services.

§2 Use of the "Docufi3d Online Services"

• An Docufi3d customer can be either a legal entity or a natural person who has entered into a customer contract with Docufi3d.
• As far as Docufi3d uses and makes accessible third-party services within the "Docufi3d Online Services", their availability and quality requirements are subject to the applicable regulations for such third- party services.
• Docufi3d aims to continuously offer its services. However, Docufi3d is not responsible for ensuring that the services of Docufi3d are constantly available. Docufi3d may temporarily restrict availability if, for example, it is necessary due to capacity constraints, security or integrity issues of the servers, or to carry out technical maintenance or repair work to properly provide or improve Docufi3d services (maintenance work). Docufi3d endeavors to consider the interests of customers and system users.

§3 Usage Rights

• The right to use the "Docufi3d Online Services" arises with the complete payment of the fee by the customer.
• The right to use the "Docufi3d Online Services" allows users to use the "Docufi3d Online Services" in the scope paid for by the customer in a proper, non-exclusive, non-transferable, and non-sublicensable manner.
• Subject to a written agreement to the contrary with Docufi3d, this paragraph 3 conclusively regulates the use of the "Docufi3d Online Services". Any further use of Docufi3d services is prohibited.
• It is not permitted for the customer to copy, reverse-engineer, redistribute, make accessible through framing or other methods, the content of Docufi3d services in whole or in part. In no case is it permitted to publish non-public content from Docufi3d outside of the Docufi3d services.

§4 Services and Payment

• The customer commits to paying the agreed fees. The prices indicated at the conclusion of the customer contract and at any subsequent orders (e.g., upgrade, downgrade, additional Docufi3d services) apply. Unless otherwise notified by Docufi3d, all price indications by Docufi3d are always exclusive of value-added tax.
• If Docufi3d provides the customer with additional chargeable services, the customer is obliged to pay the fees set for this (fees for setup, training, etc.).
• There is no entitlement to a refund of owed or paid fees.
• Payment for the services of the "Docufi3d Online Services" is made via Docufi3d tokens and one of the following payment methods: credit and debit cards, PayPal, Sofortüberweisung/Klarna.
• The user agrees that Docufi3d stores and processes the data required for payment.
• Docufi3d is entitled to bill the fees for the use of Docufi3d services at the time of purchase.
• The customer must own a digital wallet and pay in Docufi3d tokens to purchase chargeable "Docufi3d Online Services". The customer authorizes Docufi3d to store his payment methods and process payments through his wallet.
• Neither party is entitled to offset claims against the other party with payment obligations to the other party.

§5 Customer Obligations

• Payment obligation: The customer commits to paying the due fee to Docufi3d before receiving the service.
• The user is obliged to provide all documents required for the provision of services when registering for the "Docufi3d Online Services" and to enter all information in the provided data fields truthfully.
• Updating Information: The customer commits to keeping all information provided to Docufi3d up to date, correct, and complete. This includes the obligation to keep payment information and user account data (including full names, email addresses, and digital ID) up to date.
• Protection of Authentication Data: The customer has the obligation to protect his authentication data according to current security standards against unauthorized access. If there is suspicion of unauthorized access to the customer account, the customer must inform Docufi3d immediately. Docufi3d is not liable for damages resulting from unauthorized access to the user account.
• Responsibility for Software and Hardware: The procurement, installation, maintenance, and operation of any necessary software and hardware in the customer's or system user's area of influence are the sole responsibility of the customer. Docufi3d assumes no responsibility or liability for the system user's internet access, including problems related to connection speed, bandwidth, or latency that could impair the use of Docufi3d services.
• The customer is obliged to report defects and technical malfunctions to Docufi3d immediately. He will support Docufi3d in the problem analysis to the best of his ability and provide all relevant information for troubleshooting.
• The customer commits to indemnify, defend, and hold Docufi3d and its representatives, employees, and agents harmless from all claims arising from the customer's use of Docufi3d services, including reasonable legal defense costs. This applies in particular, but not exclusively, to violations of the provisions of this contract, misuse of the "Docufi3d Online Services", violations of the conditions of "Docufi3d partner companies", as well as violations of applicable law and/or third-party rights.
  6.1 Clarification "Docufi3d partner companies": In the course of providing their services, Docufi3d also utilizes solutions from a) Compliance Toolbox: KYC Spider AG, Switzerland, b) Identity Verification: Intrum AG, Switzerland, c) AML Checks: Intrum AG, Switzerland, d) KYT Checks: Merkle Science, Singapore, e) Chrome Webstore: Google, USA f) Android, Google Play Store: Google, USA g) iOS, Apple App Store: Apple Inc., USA h) Trust Service Providers: Swisscom Trust Services AG, Switzerland i) Technical Email Sending: Mailgun Technologies Inc., USA, j) SMS dipatch: seven communications GmbH & Co. KG, Germany
• The injured party will inform the other party about third-party claims immediately. The parties will cooperate reasonably in defending against such claims and keep each other informed about the progress of the proceedings.

§6 Contractual Relationship

• The contractual relationship begins with the conclusion of the customer contract.
• Docufi3d may terminate this contract at any time with immediate effect or interrupt the provision of the service after notifying the customer if the customer violates essential provisions of the customer contract.
• Docufi3d is entitled to suspend or restrict access to Docufi3d services: if the customer is in arrears with the payment of fees; if the customer violates the customer contract or the terms of use; if, due to circumstances in the customer's risk area, the unimpaired operation of Docufi3d is endangered.
• Immediate termination for important reasons remains possible even if Docufi3d has already suspended access to the Docufi3d services.
• Upon termination of the contract, Docufi3d will delete the customer account including the data and documents located in the user accounts.
• Open payment obligations and rights and obligations that explicitly or by their nature remain unaffected by a termination of this agreement survive the termination of this agreement. Docufi3d is not obliged to refund the customer for fees already paid.

§7 Data Protection

• Docufi3d commits to complying with data protection regulations and treating user data confidentially. Further information on the processing of personal data can be found in our privacy policy.
• For all information on handling customer data, Docufi3d refers to its separate privacy policy.
• The customer ensures and guarantees that he complies with all legal and regulatory requirements in the processing of customer personal data and observes the provisions of data protection law.
• Any information obligations towards third parties or other affected persons who are not direct users of Docufi3d services are the responsibility of the customer.
• Business customers of Docufi3d conclude a separate agreement on order data processing.

§8 Liability and Warranty

• Docufi3d is only liable for damages caused intentionally or through gross negligence. The liability is limited to the amount the user paid for the respective service.
• Docufi3d does not guarantee the availability and error-free operation of the service. There may be temporary interruptions or technical problems for which Docufi3d cannot be held liable.
• Docufi3d is not liable for damages primarily or exclusively due to the customer's fault.
• Docufi3d is not liable for damages that could arise due to temporary unavailability of the Docufi3d services.
• Docufi3d is not liable if the provision of the service is temporarily interrupted, partially restricted, or impossible due to force majeure. Definition of force majeure: Force majeure includes, in particular, natural events of exceptional intensity (avalanches, floods, landslides, etc.), warlike events, riots, unforeseeable regulatory restrictions, and pandemics.
• If Docufi3d cannot meet its contractual obligations due to force majeure, the performance or contract date will be postponed accordingly. Docufi3d is not liable for any damages that may arise to the customer due to the postponement of performance.
• The mentioned limitations of liability also apply to the liability of Docufi3d, its agents, and legal representatives.

§9 Final Provisions

• The legal relationship between you and Docufi3d is subject to Swiss law, excluding the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980.
• The exclusive jurisdiction for all disputes related to these GTC and the service is Düsseldorf, Germany.
• For all "Docufi3d Online Services", only these GTC apply in the relationship between Docufi3d and the end user, not the GTC of Docufi3d partner companies.
• Docufi3d reserves the right to change the services and/or the contractual conditions (including prices and fees as well as the customer contract, including these GTC) at any time or to discontinue certain services. The customer will be informed about such changes in a reasonable manner, for example, by email or in the customer account. Docufi3d will notify changes that could have significant disadvantages for the customer (e.g., price increases or the discontinuation of essential services) in advance.
• Changes or individual agreements requested by the customer require the written consent of Docufi3d.
• Unless expressly mentioned in the customer contract or communicated in writing to Docufi3d, the customer authorizes Docufi3d to use his name, trademarks, and logo for promotional references in any form and on any medium during the term of the Docufi3d services and for ten years thereafter.
• The customer may only transfer his rights and obligations under this agreement with the prior written consent of Docufi3d.
• If individual provisions or parts of these GTC are deemed invalid, ineffective, or incomplete, the validity of the rest of these GTC remains unaffected. Invalid, ineffective, or incomplete provisions will be replaced by valid replacement regulations that come closest to the intended purpose of the original provision. Contact information: If you have any questions or concerns, you can contact us as follows: By email: datenschutz (at) Docufi3d.com By mail: Docufi3d UG (haftungsbeschränkt) c/o TechHub K67 Kasernenstr. 67 40213 Düsseldorf, Germany Official inquiries: legal (at) Docufi3d.com