END-USER LICENSE AGREEMENT

FOR AUSWEIS APPLICATION

Effective: May 25th, 2018

This End-User License Agreement (the "Agreement" or "License") is a legal agreement between you and Technologies Improving the World AG, is a Swiss company with a principal place of business at Zugerstrasse 1, 6330 Cham, Switzerland ("TIW", "we", "us" or "our") for the AUSWEIS software (the "AUSWEIS" or "Licensed Software") that is provided in the form of software application AUSWEIS (the "Application"), which can be downloaded and installed on your mobile device (including, but not limited to, smartphone, tablet), any upgrades, updates, patches, hotfixes, modules, routines, feature enhancements and additional versions of the AUSWEIS software that replace or supplement such original AUSWEIS software (collectively "Updates"), as well as Website (https://www.ausweis.io), and their associated media, printed materials, online or electronic documentation, distributed by or on behalf of TIW (the "Service" or "Services") unless there is a separate license agreement provided under different terms at the time of download or update. If there is no separate license agreement then this Agreement governs your use of Updates, and such Updates will be  considered Licensed Software for all purposes of this Agreement.

For the purposes of this Agreement, "You", "Your" and/or "User" shall mean the person who uses the Service (and/or any person acting on your behalf), "Parties" means together the User and TIW, and a "Party" means either TIW or User in accordance with the context of the relevant provision of this Agreement.

Please read this License carefully before using the AUSWEIS.

1. General provisions

1.1. By accessing, downloading, viewing or performing any other use of the AUSWEIS or Service, you are agreeing to be bound by the terms of this License. If you do not agree or accept all or any terms of this License, do not install and/or use the AUSWEIS or Services and, if presented with the option to "Agree" or "Disagree" to the terms, click "Disagree".

In such case, you will also cease using the AUSWEIS software, this Website and any other Services under the name of AUSWEIS, and destroy any Application in your possession. By using the AUSWEIS, clicking “I Agree” on our Application or Website, creating a user account, downloading or using the Application, you agree to be bound by the terms of this Agreement.

1.2. Please also note, you shall not use the AUSWEIS software (as defined below), the Application, Website or any other Service or shall abstain from the authorization in AUSWEIS, leave the AUSWEIS, Website or the Application or any other AUSWEIS Service, not view or use AUSWEIS in any other way in the following cases:

(i) if you have not reached the statutory minimum age established by applicable law of your country, which allows you to enter into legally binding agreements, including the right to enter into this License Agreement, or to act without the consent of both parents or guardian;

(ii) if you have no rights to use the AUSWEIS Software under the laws of your country of resides or location;

(iіі) if you do not agree with this Agreement or any of its part.

1.3. This Agreement includes this License Agreement, Privacy Policy, and other documentation placed on the Website and/or in the Application that may be amended or changed from time to time by TIW at its own discretion. Amendments or changes shall enter into force from the date of publication on the Website, unless otherwise is provided by TIW. You shall visit on a regular basis Website and/or the Application for the purpose of to be informed of such amendments and changes.

2. License

2.1. The AUSWEIS software, any third party software, documentation, interfaces, content and any data accompanying this License (collectively the "AUSWEIS Software") ARE LICENSED, NOT SOLD, to you by TIW for use only under the terms of this License.  

2.2. TIW grants to you a nonexclusive, non-transferable, without the right to sublicense, revocable, worldwide (subject to any legal restrictions on export or use) license to download, run and use the AUSWEIS Software and/or AUSWEIS Services on a single compatible mobile device, solely for your own personal non-commercial purposes in order to use the AUSWEIS device (the "Device"). Such documentation and instructions shall be considered part of the software AUSWEIS.

2.3. TIW and/or TIW’s licensors retain ownership of the AUSWEIS Software and Service itself and reserve all rights not expressly granted to you. You agree that the terms of this License will apply to any AUSWEIS branded application software product that may be preinstalled on your mobile device, unless such product is accompanied by a separate license, in which case you agree that the terms of that license will govern your use of that product.  

2.4. TIW, at its discretion, may make available future upgrades or updates to the AUSWEIS Software. Upgrades and updates, if any, may not necessarily include all existing software features or new features that AUSWEIS releases for newer or other models of AUSWEIS-branded Device. The terms of this License will govern any software upgrades or updates provided by TIW that replace and/or supplement the original AUSWEIS Software product, unless such upgrade or update is accompanied by a separate license in which case the terms of that license will govern.

2.5. You shall only be permitted to use the AUSWEIS Software and any related documentation in accordance with terms and conditions of this License. The AUSWEIS Software and any related documentation are not intended and applicable for, and not licensed for, any other purpose.

3. Restriction

3.1. General Restrictions. You shall use the AUSWEIS Software solely as licensed hereunder. Except as otherwise provided herein or expressly agreed by TIW, you may not, and will not allow a third party to:

(a) sell, lease, license, sublicense, assign, distribute or otherwise commercially exploit, or otherwise transfer or encumber by any means (including by lien, hypothecation or otherwise) the AUSWEIS Software in whole or in part;

(b) provide, make available to, or permit use of the AUSWEIS Software in whole or in part by, any third party, including contractors, without TIW's prior written consent, unless such use by the third party is solely on your behalf, is strictly in compliance with the terms and conditions of this Agreement, and you are liable for any breach of this Agreement by such third party (a "Permitted Third Party");

(c) copy, reproduce, distribute, republish, download, upload, display, post or transmit the AUSWEIS Software in any way or in any form;

(d) decompile, disassemble, reverse engineer, or otherwise attempt to derive source code (or underlying ideas, algorithms, structure or organization) from the the AUSWEIS Software in whole or in part (except as affirmatively required under applicable law);

(e) modify, deconstruct or create derivative works based upon the AUSWEIS Software in whole or in part (except as affirmatively required under applicable law);

(f) use the AUSWEIS Software to create a competitive offering;

(g) share or publish the results of any benchmarking of the AUSWEIS Software or Service without TIW’s prior written consent;

(h) any future release, update, or other addition to functionality of the AUSWEIS Software shall be subject to the terms of this Agreement, unless it is expressly stated otherwise; and

(i) all use shall be in compliance with applicable local law of your place of residence or place of use the AUSWEIS Software.  

2.6. Specific Restrictions. This License permits the use of the AUSWEIS only in accordance with the AUSWEIS software specifications and instructions accompanying the AUSWEIS Software published at the Website. It is a violation of this License Agreement to create, set-up or design any hardware, software or system which alters the number of AUSWEIS Software licensed, or readable IP addresses, users, number of cores or exceeds the maximum throughput capacity presented to the AUSWEIS Software with the intent, or resulting effect, of circumventing the AUSWEIS.

4. AUSWEIS Usage

4.1. In order to use AUSWEIS / Application you must do the following:

(1) have a compatible mobile device on which to download the Application;

(2) download the AUSWEIS Application; and

(3) if applicable, create an account at the Web-site or at the Application (the “Account”) and to access Application.

4.2. It is your own responsibility to keep your Account information accurate and up to date at all times. You agree to abide by, and use the AUSWEIS Software, Application and Account in accordance with the documentation provided to you in connection with the AUSWEIS Software, Application or Account, and any additional terms of service that we may post in connection to your Account or the Service.

4.3. It is your own responsibility to maintain the security of your AUSWEIS Software, mobile device, Application and Account, and you must take reasonable steps to protect your Account information and access to your Application.

4.4. All use of the AUSWEIS Software, Application and Service through your Account (by you or others) is your responsibility. To the fullest extent allowed by law, you hereby agree to indemnify and hold harmless TIW, its directors, employees, agents or other partners from any liability arising out of or relating to the misuse of your Account, AUSWEIS Software, Application, your mobile device or the Service, or your negligence, willful misconduct or breach of this Agreement.  

4.5. PLEASE READ THE INSTRUCTIONS: Your license to the AUSWEIS Software is subject to your compliance with the instructions provided by TIW or TIW’s contractors or partners at the time of receipt of any AUSWEIS products or published on the Website.

5. Terms of Use

5.1. Prior to first use of AUSWEIS Software or Application you may be offered to create an account and specify login (User’s Service ID) and password, or undergo authorization procedure by synchronizing User’s account in social network, e-mail (hereinafter referred to as “authorization”). During authorization, you agree to entitle TIW to use your login, access to contacts and account settings.

5.2. Confirmation user data:

(i) TIW reserves the right, but not an obligation, to require you to confirm the data specified during the authorization;

(ii) If, since the Account has been opened, any of your registration data has changed, you need to make the appropriate changes to your Account;

(iii) You are responsible for the authenticity of the information and documents provided.

5.3. TIW reserves the right to refuse your authorization without explaining the reason, including prohibiting repeated authorization / registration attempts in the future.

5.4. You are fully responsible for all actions taken under your Account, including maintaining in confidence passwords and other personal data.

5.5. By using AUSWEIS or any of our Services you also agree that the TIW shall not bear liability for damages or losses caused to you as a result of using your account by third parties, regardless of whether you have given permission to do so or not. Furthermore, you shall be responsible for any damages and/or losses caused to TIW or any third party in connection with the use of your Account, by AUSWEIS Software or any Service by you or another person.

5.6. You shall be responsible for any information and/or content created, submitted, published, posted or transmitted in any other way by you to the Service as well as for any actions taken by you in relation to the Service, AUSWEIS Software or Application.

5.7. In the event of lodging claims by third parties regarding infringement of their intellectual property rights by you, the burden of proving its legitimacy shall be laid upon you.

5.8. You acknowledge that the information and content on the Service may be placed by other users, third parties and may be inaccurate, false, offensive, misleading and may contravene the law; and the TIW neither be liable for checking and approving the information and content posted by users or any third parties, nor for any loss or damage associated with it.

5.8. In order to ensure compliance with the conditions set forth herein we reserve the right to verify the information and content posted by you on  Service. We may, at our own discretion and at any time without any explanation to you, block, delete or in any other way cease placing any information, content by any user or any third parties on  Service. Such measures taken by the TIW shall not be construed as recognition by the TIW of its liability for breach of any legal rights and interests of third parties or waiver of any of its rights.

6. Responsibility for Your Use

6.1. By using the Service You confirm that confirm that you are a capable individual who has reached the age of 18 or another minimum age, established by the legislation of your country or region, according to which you have the right to independently conclude contracts that are legally binding, including the right to conclude this Agreement and other applicable Mandatory documents, or to act solely with the consent of both parents / guardian in accordance with the laws of your country or region.

6.2. For use of our Service you should control and make timely payments for mobile, Internet and other communication services provided by suppliers of such services (hereinafter referred to as “Communication services”), as well as to maintain technical operability and serviceability of your computer (mobile) devices and anti-virus software. All and any tariffs and prices for Communication services are established by providers of such Communication services. We will not perform control over or make any payments for any Communication services.

6.3. In addition to the other terms and conditions set forth in this Agreement, you shall also:

(a) provide true, accurate and complete information about yourself, your mobile phone number when authorizing and update it in a timely fashion;

(b) use the Service in accordance to this Agreement and applicable laws of the country where you live. It is your responsibility for the rightful use the Service in the country where you live or use the Service;

(c) not to use the Service individually or through a third party for purposes which may be qualified as a violation of intellectual property rights, unfair competition and other violation of the law;

(d) not to be involved in illegal or criminal activities, including but not limited to, use of fake identity, deliberate placement on the Service the information, content aimed at discrediting or humiliating honour and dignity of third parties; mislead; violate the intellectual property rights of third parties; violate the rights of privacy of third parties; place pornography, calls for violence, aggression, war, and any other information being restricted or prohibited;

(e) not to violate copyrights, trademarks for goods and services, patents, databases, and/or other intellectual property rights owned or used by TIW or third parties;

(f) not to use personal data, private information of third parties without their prior consent; not to illegally collect and process personal data of other persons;

(g) not to place on the Service advertisements, promotional materials, commercial and service offers or requests to transfer money, except cases where we have previously gave our consent for such placement;

(h) not to perform actions that may affect proper operation of  Service or are interpreted as unfair use;

(i) not to spread viruses, Trojans and other malicious programs;

(j) not to create, send, respond to mass messages, calls, unsolicited commercial communications (UCC), spams;

(k) not to threaten, intimidate or harass other users;

(l) individually and at your own expense settle all claims of third parties related to your activities in connection to the use of  Service (specifically, in publicizing information that is untrue, aimed at discrediting or humiliating honour and dignity of person, etc.).

7. Availability and termination of the Service

7.1. We reserve the right at any time and for any reason to modify or discontinue, temporarily or permanently, the work of all or any part of the Service and/or any software, facilities and services provided within this Service with or without notice and/or establish general principles and restrictions with regard to their use. The Service and its operation may be suspended temporarily or permanently due to circumstances beyond our control, such as natural disasters and other circumstances of insuperable force.

7.2. In the event of your breach of any provisions of this Agreement we reserve the right at any time at our own discretion to terminate or block your account, stop spreading by you of any information or content by blocking or removing them and with no explanations neither to you, nor to any third party. In some cases, for the purpose of identification or confirmation of your breach of this Agreement, we reserve the right to access all information, content placed by you while using the Service and by accepting this Agreement you acknowledge and agree that we may conduct such review.

8. Third Party services and information

8.1. Service may contain links to Websites, apps, any information and/or content of third parties. Placing such links shall not mean that we approve them. We are not responsible for Websites, apps, any information and/or content placed under such links, as well as for any negative consequences in this regard, and you shall waive any claim to us related to such links. By using information or content of third parties, you agree to be familiarized with the Agreement of use, privacy policy and other documents of third parties. You bear all risks and liability arising from your use of this links, including but not limited to, browsing, viewing, access, download and any use of the third-party information, content, third-party web sites, applications links to which may be specified while using the Service.

8.2. Any information, content posted by third parties within the Service or with its help shall be the property of third parties. The TIW does not provide to you or any other persons with any rights and licenses for intellectual property rights of such third parties.

9. Intellectual Property Rights

9.1. Service, all and any of its components (including analytical, technical, graphical and other documentation, marks for goods and services, logos, slogans, leaflets and other promotional materials of the TIW published in  Service) (hereinafter referred to as "Intellectual Property") are owned by TIW and protected by the law in the field of protection of intellectual property rights. All rights are reserved.

9.2. TIW reserves exclusive right for Service ownership, use and disposition (all intellectual property rights) (including: style of  Service, users’ reviews and content translated), and neither you nor any other person shall have no right to reproduce, copy, redistribute, analyse screen data, create links to Service, make posts or use  Service in any other way for commercial purposes (including any translations made by Service and Users’ reviews) including use of brand or logo without written consent of TIW. Any unauthorized use or any of the above actions shall be deemed material breach of TIW’s intellectual property rights (including copyright).

9.3. Unless otherwise provided in this Agreement and/or TIW’s written consent, you shall not take actions violating TIW’s intellectual property rights, including but not limited to, sale, import, export, licensing, leasing, introducing changes, distribution, copying, reproduction, transmitting, public demonstration, public performance, publication, adaptation, editing or creating derivative works from materials, design elements or content of  Service. Use of content, materials and other items being TIW’s intellectual property for any purpose not expressly specified in this Agreement is prohibited.

9.4. By using our Service you guarantee us that you are the owner or hold all necessary rights, licenses, written consent and approvals of third parties to use and grant us the right to use all intellectual property rights with regard to all information, content posted, uploaded or in any other way transferred within the Service or with its help under this Agreement.

9.5. By posting or uploading or in any other way transmitting any information, content within the Service or with its help (except for the User’s data defined by the Privacy Policy), you provides us with a nonexclusive, royalty-free, perpetual, assignable, worldwide license to use in any way known with the right to edit, change, incorporate, combine, customize, record and reproduce, distribute, publish, use in advertising, for commercial purposes, rental, tenancy, export, import, sale, dissemination or otherwise alienation of any information, content (including trademarks) and other items of intellectual property posted, published, provided, downloaded, stored, sent and received by you within the Service or with its help.

10. Disclaimer of Warranties and Limitation of Liability

10.1. AUSWEIS Software (including Application and Service, and the information obtained through it) is provided by us under the Agreement of “AS IT IS” without any warranty of any kind, including but not limited to, warranties with regard to legality of property rights, non-infringement upon intellectual property rights, absence of computer viruses. We do not guarantee compliance of  Service (including information obtained through it, its accuracy, reliability and the content itself) to your expectations, uninterrupted and failure-free operation of the Service as well as the accuracy of information obtained through Service. We do not guarantee the absence of technical errors and/or failures, including but not limited to proper operation of AUSWEIS Software or Application. We do not also guarantee storage or further data and/or content display placed by you. We will not assume any obligation regarding storage, maintenance or provision of any information, content or other your data except those specified in the Privacy Policy.

10.2. TIW shall neither be responsible nor reimburse for expenses, losses (direct or indirect) incurred by you due to use of Service, AUSWEIS Software or Application as well as due to use or inability to use the information and content obtained through them.  

10.3. In case you are not satisfied with the terms and/or quality of Service, AUSWEIS Software or Application, you must stop using the Service, AUSWEIS Software and/or Application.

10.4. You are solely responsible before third parties for your activities while using the Service, AUSWEIS Software and/or Application including but not limited to downloading images, if you violate the rights or legitimate interests of third parties.

10.5. We are not responsible for any information provided by you including incomplete, inaccurate, false, misleading as well as illegally seized information.

10.6. We are not liable for any expenses, losses (direct, indirect, incidental) and lost profits due to malfunction in work of Service, AUSWEIS Software and/or Application or due to the use or inability to use Service, AUSWEIS Software and/or Application.

10.7. You agree to hold TIW, its subsidiaries and affiliates and their founders, directors, officers, employees, partners and members harmless against any disputes and disagreements, complaints, claims (hereinafter referred to as “claims”) and undertakes to reimburse such persons any loss, damage, expense (including fees and expenses for legal and/or lawyer services) that have arisen or may arise in respect of: (i) your use of  Service, AUSWEIS Software and/or Application or any other our Services or products; (ii) violation by you of any provision of this Agreement or Privacy Policy or the terms of the documents they refer to; (iii) our use of your personal data and/or content; (iv) violation by you of any law or rights of any third parties, including rights or interests of other service providers.

10.8. If you fail to fulfil your obligations under this Agreement, we, at our own discretion, shall have the right to take measures aimed at prevention of such violation. We are entitled to block access, fully or partially, to any Service until you stop or eliminate such violations or possible occurrence of violations.

11. Applicable Law and Disputes Resolution

11.1. This Agreement shall be governed by law of Switzerland (the “Applicable Law”) in all respects (including formation) without regard to principles of law that might make the law of some other jurisdiction applicable (conflict of laws). The UN convention on Contract for the International Sale of Goods, of April 11, 1980 shall not apply.

11.2. In the event of any dispute or differences arising between the parties hereto out of or in connection with this Agreement or their validity or of any documents arising from it or made a part hereof or any amendments thereto, the parties shall endeavor to reach an amicable agreement, but if such agreement is not reached then, all disputes arising in the connection with these terms shall be resolved, to the exclusion of jurisdiction of courts in Switzerland.

11.3. For the purposes of disputes settlement between the You and TIW an effective and binding mean of communication with the authorized representative of TIW shall be correspondence through the following e-mail: info@ausweis.io.

12. Effect, Termination and Modification of the Agreement

12.1. This Agreement shall remain in effect until terminated by one of the Parties.

12.2. You may terminate this Agreement at any time by ceasing the use of Service. You shall be deemed to have ceased to use Service if you have not used the Service or visited Website or Application more than 90 (ninety) days in a row. The TIW reserves the right to send you information or promotional letters upon termination of this Agreement; unless you expressly declare that you do not want to receive mailings from the TIW.

12.3. The TIW is entitled to terminate this Agreement at any time by sending you a message, which will take an immediate effect.

12.4. The TIW shall have the right to incorporate changes or amendments to this Agreement at any time without any special message by placing a revised version of the Agreement on the Website or in Application. The revised version of the Agreement shall enter into force from the date of its placing on the Website or in Application, unless otherwise stipulated by the revised version of the Agreement.

12.5. Any changes incorporated into this Agreement shall remain in effect upon availability of the express consent of TIW.

12.6. In the event the User does not accept revised version of the Agreement, the User must stop using  Service as well as attend, view, download or use Service in any other way.

12.7. The absence of objections from the User expressed in the form of cessation of use of SERVICE shall be deemed as the consent with the revised version of the Agreement. Notwithstanding the possibility of ceasing the use of  Service upon termination of this Agreement, the User shall still be liable for obligations taken by the User under this Agreement or that have been applied to him/her before termination of this Agreement.

12.8. The following provisions of the Agreement shall be in force upon termination of this Agreement: “Intellectual Property Rights”, “Disclaimer of Warranties and Limitation of Liability”.

13. Final provisions

13.1. Severability. Should any provision of this Agreement be considered invalid, illegal or impossible to be fulfilled in any respect and if it has no detrimental effect on the interests of the Parties, then: (a) such provisions shall not be deemed valid by the Parties and shall not be constituent part of this Agreement, and (b) all other provisions of this Agreement shall remain in full force and effect. To the extent permitted by the applicable law, the Parties shall waive the provisions of the law subject to which any provision of this Agreement is invalid, illegal or impossible to be fulfilled.

13.2. Force Majeure. Neither party will be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labour condition, governmental action and Internet disturbance) that was beyond the party’s reasonable control.

13.3. Notifications. The User agrees that TIW may send notifications to the User in the following manner: (i) by sending banner message (advertisement) relating to the Service and other services of TIW, or (ii) by e-mail sent to the address provided by the User, or (iii) by any means, including mobile number, telephone or mail, or DROTR messenger. The User agrees to provide his/her valid contact information.

13.4. Communication. The Parties have agreed that during the execution of this Agreement the information shall be transmitted via email.

13.5. Should any part of the Service require payment  in the future, the User shall comply with the additional conditions set out separately in respect of that part of the Service, which shall prevail in the event of conflict with this Agreement.

13.6. The Service shall not be be distributed or used in those countries where distribution or use of the Service may violate local laws or create grounds for applying any of legal norms of such countries. TIW shall reserve the right to limit rendering the Service in any country.

13.7. The User shall not delegate his/her rights, right to claim and obligations under this Agreement without prior written consent of the TIW.

13.8. TIW shall have the right at its own discretion to delegate, assign or otherwise alienate its rights and obligations under this Agreement to other persons without prior written consent of the User.

13.9. Language. This Agreement is made in English. If any translation of this Agreement into another language conflicts with its version set out in English, then the version in English shall prevail and shall be used for any interpretation.

14. Contacts

Technologies Improving the World AG

Zugerstrasse 1, 6330 Cham,

Switzerland

E-mail: info@ausweis.io

To comply with all TIW’s obligations arising under the GDPR (General Data Protection Regulation 2016/679) as of 25 of May 2018 TIW appoints the Representative, who represents TIW in the EU with regard of data processing (Representative). The Representative’s task is to monitor compliance with the GDPR and in cooperation with the TIW’s employees the Representative is your contact in EU for your enquiries, comments, complaints and claims regarding personal data protection.  

Representative details:

Technology Improves the World s.r.o.

Stodůlky, Nárožní 2787 / 7a, PSČ 158 00, Prague-5, Czech Republic

Enquiries, comments, complaints and claims relating to the protection of personal data may also be submitted via support@tiwinnovations.com.