and the terms of provision and use of the "Suisse Key" service offered by Swiss Engineering Holding LLC.
The General Terms and Conditions of Use (hereinafter referred to as the "GTC") are agreed between Swiss
Engineering Holding LLC, a company incorporated under Swiss law with its registered office in Schlieren,
Canton Zurich (hereinafter referred to as "Swiss Engineering Holding LLC"), and any natural or legal person
under private or public law who uses the Suisse Key service (hereinafter referred to as the "Customer").
- To the Customer: by registered letter with acknowledgement of receipt.
- To Swiss Engineering Holding LLC: by registered letter with acknowledgement of receipt to the following address: Swiss Engineering Holding LLC – Zürcherstrasse 18 – Schlieren – 8952 Schlieren - Switzerland
4.1 Swiss Engineering Holding LLC provides the Customer with a digital infrastructure for file sharing, subject to time and download limitations.
Each transfer can be shared with an unlimited number of recipents.
Once the availability expires, the files are permanently deleted. However, if legal authorities contact Swiss Engineering Holding LLC and wish to inspect your upload, it can be stored for up to three months before it is permanently deleted.
- The use of the Swiss-Transfer service provided by Swiss Engineering Holding LLC is free of charge.
- Each transfer is limited to a data volume of 500 megabytes (MB).
- Swiss Engineering Holding LLC undertakes to transfer the connection data via HTTPS.
- There is no limit to the count of downloads per file.
- After 24 hours of its upload, the URL will stop working because the file has been deleted.
5.1 All files transferred between the Customer and his recipients will be treated
confidentially by Swiss Engineering Holding LLC. The decision with whom to share his download
links lies solely with the Customer. Anyone who receives a download link from has free access to the
file and can download it. The uploader should consequently be aware of this fact, especially
regarding the possible consequences of the sharing with others.
5.2 Swiss Engineering Holding LLC undertakes not to use files uploaded and exchanged between the uploader and the downloaders of a download link in any other way or for commercial purposes.
5.3 The Uploader is solely responsible for the uploaded files. Swiss Engineering Holding LLC does not claim ownership of the files transferred by the Customer.
5.4 The Customer may only transfer files if they belong to him/her/them or if he/she/they is/are expressly authorized to do so.
6.1 The Uploader must have the necessary authority, powers and skills to assume and
perform the duties provided for in this Agreement.
6.2 If the Uploader uses the Services on behalf of a third party, the Uploader declares and guarantees to Swiss Engineering Holding LLC that he has the necessary authority and ability to represent and bind the third party under the conditions provided for in the present Contract.
6.3 The Uploader is liable for all claims arising from a breach of the terms of the contract by the third party, and must indemnify Swiss Engineering Holding LLC against all claims arising from the third party's use of the Service.
6.4 You will not attempt to gain unauthorized access to any Service, Content, systems or associated networks, and further represent and warrant that you will refrain from obtaining or attempting to obtain any documents or information by any means not knowingly provided by Swiss Engineering Holding LLC.
6.5 Any use of the Service by the Uploader in breach of this Agreement that may compromise the security, integrity or availability of our Services may result in the immediate suspension of the Service.
6.6 The commission of a crime (fraud , IT crime, money laundering, betrayal of trade secrets, falsification of documents, violence and threats against authorities and officials, unauthorized gambling, etc.), involvement in a crime (participation, instigation, aiding and abetting, and complicity), or the transfer of the Services to the Cloud with a view to committing a crime by third parties under the Uploader's supervision (e.g. children, employees, suppliers, etc., hereinafter referred to as "Agents"), the dissemination or provision of illegal content (depictions of violence, so-called soft and hard pornography, incitement to disturb the public peace, violation of religious and cultural freedom, racial discrimination, defamation, invasion of privacy, etc.) will entail the immediate termination of the contract without notice, subject to any compensation that may be requested from the Uploader. In addition, Swiss Engineering Holding LLC may, if deemed necessary, notify all competent authorities of a violation.
6.7 As a condition of accessing and using Swiss Engineering Holding LLC's services, the Uploader undertakes to defend, indemnify and hold harmless Swiss Engineering Holding LLC and all persons involved in the provision of the service against any claims, demands, liabilities, costs and/or expenses arising from the unlawful use of the service or its contents. If a claim is made, the Uploader is entitled to prove to Swiss Engineering Holding LLC that the claims do not exist to the required extent and/or that the Uploader is not responsible.
6.8 The Uploader is fully responsible for the files transferred via the Suisse Key product.
7.1 Swiss Engineering Holding LLC guarantees to the Uploader that all data transferred by and through Swiss Engineering Holding LLC will be handled with care and all due diligence will be exercised in order to provide a high quality service at a professional level.
7.2 In relation to this service, which is provided by Swiss Engineering Holding LLC free of charge, Swiss Engineering Holding LLC's liability is limited to a maximum of 1 CHF (Swiss Franc).
7.3 Swiss Engineering Holding LLC can limit the access to the service if the stability and the functional security, the maintenance of the network integrity and in particular the prevention of significant disturbances of the network, the software or the stored data require it. Swiss Engineering Holding LLC is not obliged to control or monitor the use of the service by the Uploader in order to convince itself of the lawful use.
8.1 Should any of the provisions of the contract be declared illegal, null and void or inapplicable,
this would in no way affect the remaining clauses, which retain their full force and scope.
In this case, Swiss Engineering Holding LLC undertakes to replace the void or inapplicable
clause with a valid clause that best corresponds to the original meaning and object,
thus reflecting the common intention of the parties.
9.1 Property rights held by Swiss Engineering Holding LLC: You respect our property rights
in the Website and the software products used to provide the Service
(property rights include, but are not limited to, patents, trademarks, service marks,
trade secrets, copyrights and other intellectual property rights).
9.2 Ownership Rights held by the Uploader: you represent and warrant that you own or
have the right to use all hardware, content, data and information (including your personal
data and the personal data of third parties) that you submit to Swiss Engineering Holding
LLC in the course of using the Service. You retain ownership of the Content that you upload
to the Service. We may not use or disclose Your Content (including any Personal Data) except
in the manner described in this Agreement.
10.1 For purposes of this Agreement, the parties agree that records in electronic
form have the same evidentiary value as records on paper. It is agreed that data from
Swiss Engineering Holding LLC's information system or from its suppliers, such as sign-in logs,
consumption statements, order and payment summaries, incident management reports, etc.,
shall be fully effective and admissible against the Uploader, including in legal proceedings.
10.2 The date and time of Swiss Engineering Holding LLC's mail servers are binding for the parties.
11.1 In the event that a third party raises a complaint with Swiss Engineering Holding LLC regarding a Service ordered and/or used by the Uploader, Swiss Engineering Holding LLC will send the Uploader a warning as soon as possible and will forward, at its own discretion, a copy of the complaint originated by the third party.
11.2 In any case, the third party will be informed of Swiss Engineering Holding LLC's intervention with the Uploader.
11.3 Swiss Engineering Holding LLC is entitled to forward the address details of the Uploader to the third party concerned, provided that the information requested can contribute to the assertion of legal claims.
11.4 Swiss Engineering Holding LLC reserves the right to charge the Uploader for intervention costs in case the Uploader does not acknowledge the receipt of Swiss Engineering Holding LLC's warning or in case Swiss Engineering Holding LLC feels obliged to intervene on behalf of the Uploader and/or the third party by sending registered letters, phone calls, etc.
12.1 Swiss Engineering Holding LLC and the Uploader will endeavor to settle amicably
all disputes concerning the interpretation or the execution of the present agreement.
Any complaint must be sent as indicated in the paragraph "Communication between the parties".
After having exhausted all amicable remedies, the Uploader is entitled to pursue his complaint
through Swiss Engineering Holding LLC in court.
12.2 In accordance with the provisions of the present agreement, in case of a dispute or
a pre-litigation dispute between the Uploader and a third party concerning a Service between
Swiss Engineering Holding LLC and the Uploader, it is expressly agreed that the latter shall
be solely responsible for the settlement of this dispute.
13.1 Force majeure is an event that is unforeseeable and/or unavoidable according
to law or jurisdiction and over which the parties have no control.
13.2 Swiss Engineering Holding LLC cannot be held liable if the fulfillment of the
agreement or of all Swiss Engineering Holding LLC's obligations is prevented or
disturbed in whole or in part by force majeure.
13.3 Swiss Engineering Holding LLC shall, subject to immediate notification to the Uploader,
be released from the performance of its obligations in the context of such total
or partial prevention or disturbance, and the Uploader shall also be released from
its obligations to the extent that the obligations of that party are related to
such total or partial prevention or disturbance of performance, provided that the
party affected thereby seeks to avoid or prevent such causes of non-performance as
far as possible, and that both parties immediately comply with their obligations as
soon as such causes have disappeared or have been removed.
13.4 The party affected by an event of force majeure shall regularly notify the
other party of the current projections for elimination or restoration.
13.5 If the effects of a Force Majeure event are expected to last longer than 30 days
from the date of notification of the Force Majeure event to the other party, the
contract may be validly terminated at the request of either party without either
party being entitled to claim compensation from the other.
14.1 The Uploader undertakes to comply with the applicable Swiss and international laws.
14.2 Swiss Engineering Holding LLC also endeavors to comply with the rulings of the authorities of the OECD countries.
14.3 Any dispute related to the present agreement, its conclusion, its execution or its interpretation shall be governed by Swiss law, unless an amicable solution is found. The exclusive place of jurisdiction shall be Canton Zurich, subject to any action brought before the Federal Supreme Court.