Terms and Conditions

1. Acceptance and Modification of Terms and Conditions

  1. The use of sites, products, services managed or administered by DIGIDNA SARL (“DIGIDNA”) as well as programs developed and/or distributed by DIGIDNA are executed by the current Terms and Conditions (“Terms and Conditions”). When downloading, installing or using programs provided by DIGIDNA, Users acknowledge that they have read, understood and accept with no exception the current Terms and Conditions.
  2. In the event of modifications of the Terms and Conditions, the version published on DIGIDNA site is the only evidence. As a consequence, Users are invited to frequently consult these Terms and Conditions in order to be informed about possible modifications.

2. Services

  1. Subscribed Users to DIGIDNA services as well as owners of accounts on these servers are explicitly authorized to download and use these softwares, scripts and programs which are made available to them.
  2. Any other use of the software, scripts, sources, texts, drawings or methods contained in the programs made available on the Website or any other element of the Website, particularly the use of the whole or parts of programs, scripts or any other item likely to be marketed, rented or any other for-profit use of the aforesaid items is strictly prohibited.
  3. In the event of non-compliance with the instructions, with the limitations of use related to the services or in the event of non-compliance with the current Terms and Conditions, DIGIDNA RESERVES ITSELF THE RIGHT TO SUSPEND OR CLOSE ANY USER ACCOUNT, TO CLOSE ACCESS TO ITS SERVERS AND TERMINATE ITS SERVICES WITHOUT ANY COMPENSATION.

3. Interruption of services

  1. DIGIDNA undertakes liability therefore to the extent of its resources to ensure the availability of its Website and means of downloading resources, programs and services at disposal of its customers.
  2. DIGIDNA cannot be held responsible for an interruption of any service, even when extended, or for the impossibility to access any of its products or services, particularly in the field of support or capacity of downloading, access to its servers or any other activity requiring a connection with said servers.

4. Response Time/Support

  1. Response time for any request for information, support, assistance or any help concerning the use and/or payment of provisions, services, software or any other product provided by DIGIDNA are up to 2 working days (within 48 hours maximum, in normal time) from the moment when the event is brought to their attention via email or through a form if necessary.
  2. As far as possible, DIGIDNA commits itself to reduce latency periods to their minimum.
  3. Every questions related to support are sent by email or through online forms or other appropriate means which are normally processed within the same response time. However, if the intervention of third party must involve an extension of time to solve the problem, DIGIDNA could not be held responsible about it.

5. Limitation of Responsability

DIGIDNA DOESN’T ASSUME ANY RESPONSABILITY FOR POSSIBLE INTERRUPTION OR SUSPENSION OF WHOLE OR PARTS OF THE FEATURES ON ITS SITES RESULTING FROM ACTIONS OR OMISSIONS BY DIGIDNA OR A THIRD PARTY. WHEN SUBSCRIBING TO SERVICES OF DIGIDNA, USERS RECOGNIZE AND ACCEPT THAT WITHIN THE SCOPE OF REGULATIONS, DIGIDNA, ITS AFFILIATED COMPANIES OR COMPANIES WHICH TAKE PART IN MAINTENANCE, PRODUCTION OR SUBCONTRACTING SHALL NOT BE HELD RESPONSIBLE FOR DIRECT, INDIRECT, ACCIDENTAL DAMAGES, OR FOR THE COMPENSATION OF MORAL DAMAGES, COSTS, LOSSES, DECREASES IN THE TURNOVER OR ANY LIABILITIES (EVEN IF SUCH A DAMAGE WAS ANTICIPATED OR COULD BE AVOIDED BY DIGIDNA), LIKELY TO HAPPEN WHEN USING SERVICES, OR ON THE CONTRARY, WHEN SITES OR THEIR CONTENTS CANNOT BE USED. ANY NON-STANDARD DOWNLOADED OR OBTAINED CONTENT WHEN USING OUR WEBSITES AND INFORMATION IS NOT GUARANTEED AND INCURS POSSIBLE RISKS. DIGIDNA DOES NOT ASSUME ANY RESPONSIBILITY FOR DAMAGES OR VIRUSES WHICH COULD INFECT YOUR COMPUTER OR YOUR IT HARDWARE AFTER JOINING OR USING SITES OR DOWNLOADING PARTS OF THE WEBSITES OR FOR ILLEGAL INTERVENTIONS IN ITS SYSTEMS.

6. Privacy

  1. Any data and information likely to personally identify corporate bodies or natural persons forwarded to our servers, are protected and processed under the [intlink id="69" type="page"]Privacy Policy[/intlink] in effect at DIGIDNA.
  2. When forwarding information, the owner of an account on DIGIDNA servers certifies that the hardware/content transmitted is their property, or that they have rights or licences that authorize them to use it , that it is not defamatory and that its use through plans, services and DIGIDNA’s servers shall not infringe any right of a third party.

7. Denial of Guarantee

  1. WITHOUT LIMITING THE SCOPE OF ARTICLE 5 ABOVE, ANY CONTENT, ANY INFORMATION AND ALL THAT YOU CAN FIND ON THE SITES IS PROVIDED ‘AS IS’, ACCORDING TO THEIR AVAILABILITY, AND WITHOUT ANY GUARANTEE, EITHER EXPLICIT OR IMPLICIT.
  2. DIGIDNA DOES NOT GUARANTEE THAT ITS SERVERS, ITS INTERNET SITES OR THEIR CONTENTS WILL MEET YOUR EXPECTATIONS, WHETHER THEY ARE UNINTERRUPTED, CONVENIENT, SAFE OR ERROR-FREE.
  3. Any advice or information obtained by DIGIDNA in written or oral form by or during the use of the services made available on the servers does not grant any guaranty.

8. Modification of Information

The content of our Sites will be likely to contain inaccuracy or mistakes. DIGIDNA reserves itself the right, at any time and with no warning, to modify, correct or enhance said content but shall not be held responsible for possible inaccuracy or mistakes.

9. External links

  1. As a service provided to our visitors, our websites may contain hypertext links towards other websites which are neither used nor controlled by DIGIDNA. DIGIDNA cannot be held responsible for these websites and assumes no responsability concerning their content, legality, accuracy or purpose.
  2. Any creation of hyperlinks towards our Sites is prohibited without prior written consent of DIGIDNA.

10. Sales

  1. DigiDNA sales are handled by FastSpring and the Apple App Store exclusively.
  2. Desktop software license orders placed in the DigiDNA Store will be redirected to FastSpring’s web site for checkout.
  3. Download and sales of iOS apps are being carried by the Apple App Store which terms and conditions apply exclusively.

11. Copyright and Intellectual Property

  1. The content of servers and particularly, but not exclusively, texts, brands, logos, graphics, photographs, videos, sounds, musics, layouts, designs, know-how, technologies, products and processes, are the property of DIGIDNA or its affiliated companies, partners, subcontracting or suppliers or are used with the authorization of the owners and therefore are protected by copyrights, brand, patent, licences and all other rights of intellectual or industrial property which are recognized to them according to regulations in force.
  2. Except for the elements provided for in section 3 above, no element to be found on the servers can be interpreted as a means to be granted a licence or a right of use of such element.

12. Miscellaneous

  1. The current Terms and Conditions represent the totality of the agreement between DIGIDNA and users regarding access and use of servers and their contents. Any other measures taken by DIGIDNA to manage its relations with Users and particularly its provisions complement the Terms and Conditions; in case of contradiction between them, the priority is given to the other enactments.
  2. The fact for DIGIDNA of tolerating a breach of trust of one of its users in the Terms and Conditions, or of not applying any right which is granted to them by said Condition or by the law, cannot under no circumstances being interpreted as a renunciation of their ability to prevail themselves of their rights.
  3. On the assumption that one of the provisions of the Terms and Conditions were to be considered illegal by a legal or lawful provision, either present or future, or by a decision of court, the aforementioned provision would be regarded as being not written, all the other provisions of the Terms and Conditions preserving compulsory power between the Users and DIGIDNA.
  4. The title of the articles in the Terms and Conditions use is only indicative and cannot alter or modify their terms in whatever manner.

13. Applicable Law and Place of Jurisdiction

  1. The present Terms and Conditions, as well as all the relations between DigiDNA and the USERS are exclusively governed by Swiss laws.
  2. In the event of a dispute arising about the terms or the interpretation of the present agreement, the USER agrees that this dispute will be arbitrated by the exclusive jurisdiction of courts of the Canton of Geneva, Switzerland, with exception to the appeal to Tribunal federal in Lausanne, Switzerland.