Terms & Conditions

These General Terms and Conditions and the terms of use which are deemed an integral part of this contract govern the framework of the contractual relationship and the provisioning and usage terms of the "transferly.swiss" service between Digio AG, Birmensdorferstrasse 94, 8003 Zurich (hereinafter referred to as "Provider") and the party that uses the services on transferly.swiss (hereinafter referred to as "Customer").

1. Contract Conclusion

  1. These general terms and conditions with their terms of use specify the conditions that the customer enters into when using the service with the provider.
  2. The contract between the provider and the customer consists of this document (General Terms and Conditions) and the appendix terms of use.
  3. The provider reserves the right to change these general terms and conditions as well as their terms of use at any time. Changes will be communicated to existing customers by email.
  4. The customer is obligated to provide truthful information when using or registering and to keep it up to date. Registration is only permitted for adults.
  5. The service provider reserves the right to reject registration without giving reasons.
  6. The German version of this agreement is the only legally binding version for the provider and the customer. Translations provided on the service's website are for informational purposes only. In the event of a legal dispute, only the interpretation of the German version of this document shall be deemed authoritative.

2. Content and Scope of Services

  1. The provider grants the customer the non-exclusive, non-transferable right to use the service within the contractual provisions. The service enables the sending and requesting of files, messages, and passwords over the internet. However, there are time-based, usage-based, storage-based, and functional limitations.
  2. The service is offered free of charge and with limited functionality for private purposes. For commercial use, a paid subscription is mandatory. Details on functionality and pricing can be found in our service overview.
  3. Data is stored temporarily and encrypted by the provider and permanently deleted within 24 hours after expiration of availability.
  4. The use of the service includes the following restrictions:
    • As described in the functional description on our service overview;
    • The number of files that can be sent in one (file) transfer, as well as the maximum number of downloads, are limited as follow:
      • Maximum 5 files and a maximum of 3 downloads for unregistered users;
      • Maximum 10 files and a maximum of 5 downloads for registered users of the 'Personal' subscription;
      • unlimited number of files and downloads for registered users of the 'Pro', 'Business', and 'Enterprise' subscriptions.
  5. The provider is committed to transferring data via HTTPS.

3. Duties and Responsibilities of the Customer

  1. It is a requirement that the customer has the necessary powers, authorizations, and competencies to assume and execute the obligations set forth in the contract.
  2. If the customer uses the service on behalf of a third party, they guarantee that they have the necessary authority and competence to represent and bind the third party according to the contract terms.
  3. The customer is responsible for all claims arising from violations by the third party of the contract terms. The customer must indemnify the provider from any claims arising from the use of the service by the third party.
  4. The customer undertakes to pay the necessary subscription fees plus VAT in advance by means of the available payment system.
  5. The customer may cancel their paid subscription at the end of the billing period, with the cancellation taking effect at the end of the billing period. After the billing period has ended, the subscription and any resulting financial obligations will automatically be extended for another billing period.
  6. If the customer falls into arrears with their payments, the provider has the right to temporarily or permanently block or delete access to the service. However, the customer's obligation to pay remains in force.
  7. Additional services ordered during an ongoing billing period will be pro-rated at the time of the order for the remaining time of the current billing period and prepaid.
  8. Services that are cancelled before the end of the billing period remain due and cannot be reclaimed.
  9. The provider reserves the right to change prices. The customer will be informed in a timely manner of any such changes.
  10. The customer undertakes not to store any content on the storage space that violates applicable law or the terms of use. In the event of any violations, the provider reserves the right to unilaterally terminate the contract with immediate effect and without any further obligations and to block the service for the customer.
  11. In order to access and use the service, the customer agrees to defend, indemnify and hold harmless the provider, as well as all persons involved in providing the service, against any claims, demands, liabilities, costs and/or expenses arising from the unlawful use of the service or its content.
  12. The customer bears full responsibility for the files transmitted via transferly.swiss.
  13. The customer is not allowed to provide the service to unauthorized third parties for a fee or free of charge. Transfer of the service to third parties is only permissible if expressly allowed in the current performance description on the website.
  14. The customer must ensure that its contractual relationships with third parties are designed in such a way that unauthorized use of the service by third parties is effectively prevented.

4. Obligations and Responsibilities of the Provider

  1. The provider undertakes to handle all data transferred through and via the service with care and to make every effort to provide a high-quality service at a professional level.
  2. The provider guarantees the customer that all data stored via the service is stored in Swiss data centers. Exceptions, especially regarding personal data, are transparently stated in the data protection policies.
  3. The provider's liability in connection with this free or paid service is limited to a maximum of CHF 150.
  4. Under certain circumstances, the provider may restrict access to the service to ensure stability, functional reliability, network integrity, and prevent significant disruptions of the network, software, or stored data. The provider is not obliged to monitor or supervise the customer's use of the service to ensure its lawful use.
  5. If the customer violates these General Terms and Conditions, applicable law, or the terms of use, the service provider reserves the right to restrict, block the customer's use of the service, or even terminate the contractual relationship without notice. Prepaid services will not be refunded, and the service provider cannot be held liable for damages.
  6. The provider will continuously improve and develop the service through regular updates and upgrades, which may temporarily interrupt the service. Customers can find information about the current scope of services in the service description on the website.
  7. The provider regularly reviews the functionality of the service and takes appropriate measures to rectify software errors, as far as technically possible.
  8. The provider is authorized to take manual or automatic measures to detect and prevent violations of the General Terms and Conditions, applicable law, or the terms of use.
  9. If the service provider is notified of a suspected violation or abuse, it is authorized to take measures to prevent it.

5. Privacy Policy

  1. The provider guarantees the confidential treatment of all data transmitted between the customer and their recipients. The decision on whom the customer shares their download links with is solely the customer's responsibility. Once a recipient receives the download link, they have immediate access to the data.
  2. The provider guarantees that it cannot decrypt uploaded and encrypted data without the cryptographic keys of the customer. In addition, the provider undertakes not to use the uploaded data and the data exchanged between the customer and holders of a download link for other purposes or commercially.
  3. The provider commits to using the phone numbers and email addresses entrusted to them as part of Multi-Factor Authentication (MFA) exclusively for ensuring access protection to the transfers and fulfilling their legal obligations, and not to use them for other purposes or commercially.
  4. The customer is solely responsible for the uploaded files. The provider does not claim ownership of the files transmitted by the customer.
  5. The customer may only transfer files if they are the owner of the files or have been expressly authorized to do so.
  6. The service provider undertakes to comply with applicable data protection regulations and its privacy policy when collecting, processing and using the customer's personal data.
  7. The customer has the right to obtain information about the data stored about them and, if necessary, to have it corrected or deleted.

6. Interactions and exchange of information between the parties

  1. Communication between the parties takes place only by email or, at the provider's request, by phone.
  2. Other communications and contractual communication shall require proof of delivery by registered mail through Swiss Post to:
    • Customer: The address registered in the customer portal;
    • Provider: The address specified in the imprint;
  3. Both parties are obligated to regularly verify and keep their address and contact information up to date.

7. Evidence agreement

  1. The parties agree that electronic records have the same evidential force as records on paper for this agreement. It is expressly agreed that data from the provider's or its suppliers' information systems, such as server logs, application logs, consumption statements, order and payment overviews, incident management reports, etc., are fully effective and admissible against the customer, even in legal proceedings.
  2. Emails are considered received or sent as soon as they are sent or received through the provider's SMTP servers. The date and time of the provider's mail servers are binding for both parties.

8. Liability and Warranty

  1. The provider shall only be liable for damages resulting from intent or gross negligence. Liability for simple negligence is excluded.
  2. Damages caused by force majeure, disruptions of internet access or third-party software are excluded from the liability of the provider.
  3. The customer is obliged to indemnify the provider from any claims of third parties arising from breaches of these terms and conditions, applicable law or usage conditions.
  4. Regardless of the liability basis, the liability of the service provider is in all cases limited to the amount of the paid license fee of the current billing period.
  5. The warranty for functionality and operational readiness is fully excluded, to the extent permitted by law.

9. Force Majeure

  1. "Force Majeure" refers to an event that is unforeseeable and/or unavoidable and over which the parties have no control, as defined by law or jurisprudence.
  2. The provider shall not be liable for partial or complete inability to fulfill its obligations under the contract due to force majeure. In the event of such prevention or disturbance, the provider is entitled to immediately inform the customer and be exempted from fulfilling its obligations. Similarly, the customer is exempt from its obligations to the extent that they relate to the prevention or disturbance, provided that the affected party takes best possible measures to avoid or prevent the causes of non-performance, and that both parties promptly fulfill their obligations once these causes have disappeared or been eliminated.
  3. If the effects of a force majeure event are expected to last for more than 15 days from the date on which the other party was notified, either contracting party may terminate the contract upon request and without any obligation to compensate the other party.

10. Final provisions

  1. If any provision of the contract is declared illegal, invalid or unenforceable, it shall not affect the remaining provisions of the contract, which shall remain in full force and effect. In such a case, the Provider shall replace the illegal or unenforceable provision with a valid provision that best reflects the original purpose and intent of the parties and thus corresponds to the common intention of the parties.
  2. Unless an out-of-court settlement is reached, any legal dispute relating to this contract, its signing, its performance or its interpretation shall be subject to Swiss law. The exclusive place of jurisdiction for such disputes shall be Zurich/Switzerland.

Zurich, March 27, 2024

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