dss⁺ Transform™ Application Terms of Use (External)

1.1 Scope. The following Terms of Use (the ToU) apply to any use of dss⁺ Transform^™ application (the Application), and any products and services available through the Application (together the Services), which are provided by DSS Sustainable Solutions Switzerland SA (CHE-371.503.138), chemin du Pavillon 2, 1218 Le Grand-Saconnex (dss⁺, we, us or our).

1.2 Acceptation of the ToU. Any access or use of the Application is subject to these ToU. Anyone who accesses, browses and/or uses the Application (a user or you) acknowledges having read, understood and agreed to these ToU.

1.3 Amendments. These ToU may be amended from time to time, in which case you will be notified by any appropriate means (including via email or through the Application, e.g. banners, pop-ups or other notification mechanisms). By continuing access or use of the Application after any amendment of the ToU, you agree to be bound by any such amendment.

2.1 Account. Access and use of the Application requires the registration of a personal account (the Account) and to be signed in. To create and maintain an Account, you must:

• be and remain (i) an employee, agent or representative of an organization which is a customer of DSS in connection with the Application (the Organization) and (ii) authorized by your Organization to access and use the Application];
• have received from your Organization or dss⁺ initial credentials for registration of your Account);
• have accepted these ToU, including any modification thereto;
• be an individual who is 18 years or of legal age in your country of residence if such age exceeds 18; and
• provide the information required during registration.

2.2 Accuracy. You warrant that all information you provide in the registration process or otherwise is true and accurate. You must keep such information up to date at any time.

2.3 Confidentiality. When you first log in to your Account, you must change your Account credentials. You are responsible for the quality and confidentiality of your Account credentials and for the use that is made of your Account, including any third party's use irrespective of whether you authorized such use or not. You are fully liable for any losses and/or damages that may result from any such use. You must immediately notify us of any unauthorized access or use of your Account or any other breach of security.

3.1 Ownership of dss⁺. We and our licensors own the copyright and all intellectual property rights in and to the Application, the content published on or through the Application (the Content) and the Services. We and/or our licensors reserve all rights on the Application, the Content and the Services not expressly granted herein.

3.2 License. Subject to your compliance with the ToU and any additional applicable terms referred to on the Application, we grant you a non-exclusive, non-transferable, revocable and limited license, without the right to sublicense, to access the Application and the Content strictly for the purpose of using the Services – on behalf of, and strictly for the benefit of, your Organization – in accordance with these ToU.

3.3 User Content. The Application allows Users to upload, publish or transmit Content using the Application (the User Content), including through digital forms, messages, etc. Ownership in User Content you upload to the Application remains with you, respectively with your Organization as applicable. You hereby assign all rights and titles in your User Data. Accordingly, we may freely use for any purpose, any User Content. Additionally, we shall own all rights and titles on, and may freely use for any purpose, any data or information collected, processed, developed, produced or obtained from cookies or other tracking and analytics technology present on the Application.

3.4 Infringement. If you think that the Application, the Content or the provision of any Services infringe any copyright or other intellectual property rights, you may at all times contact us at transform.support@consultdss.com and we will investigate your request.

4.1 Restrictions. You must at all times comply with these ToU and all laws and regulations applicable to the use of the Application. Subject to mandatory law to the contrary, you are not allowed to (i) copy, modify or create derivatives of any part or all of the Application, Content and/or the Services; (ii) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Application, Content and/or the Services or any part of their infrastructure available to any third party; (iii) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Application or of its infrastructure, nor incorporate any Content into another application or medium; (iv) access the Application's code, attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Application or its infrastructure; (v) and gather the email addresses or other Content available on the Application for purposes of spamming or for any non-personal or commercial purposes. Furthermore, you must comply with any additional restrictions set forth by your Organization.

4.2 Representations and warranties of Users. You represent and warrant that your use of the Application, and that your User Content, shall not (i) infringe, or cause a third party to infringe, any applicable law or regulation; (ii) infringe any intellectual property right, or other proprietary rights or right of publicity or privacy; (iii) be unlawful; (iv) be defamatory or trade libelous; (v) be obscene or contain pornography; (vi) include incomplete, false or inaccurate information about yourself, your Organization, or any information about any other individual, company or other legal entity; (vii) be inadequate or of inadequate language; and (viii) alter the Application, or insert any malicious software into the Application or its infrastructure

4.3 Indemnification. You must defend, hold harmless and indemnify us for any claim, demand, dispute, litigation, damage or loss (including reasonable attorney’s fees) incurred by us or another user or a third party arising out of your access and use of the Application and/or any infringement of the ToU.

Our privacy policy is accessible at www.consultdss.com/about/privacy/ssi/dss-transform-application-for-clients/.

6.1 In General. We reserve the right, at any time, without having to provide any justification therefore, to modify or temporarily or permanently stop, or remove the Application, any Content (including any User Content) and/or any Service, with or without notice, without incurring any liability. We reserve the right to remove or delete any Content.

6.2 Updates and modifications. You agree that we may require you to accept and download updates for further use or access to the Application when it is necessary for proper functioning of the Application. Furthermore, in order to improve the Application, we reserve the right to introduce automatic updates and modifications into the Application (if applicable) so long as your device is connected to the Internet, without your needing to install the said updates and modifications manually. In order to ensure efficiency of the mentioned updates and modifications and to enable you to continue using the Application, you hereby express consent to the introduction of such updates and modifications. All updates constitute an integral part of the Application and the rules of this EULA apply to such updates.

6.3 Account. We may temporarily or permanently suspend, cancel or terminate your Account, any information relating therewith, and/or your access and/or use to all or part of the Application, with or without notice and for any reason, including, without limitation, breach of these ToU or if you leave your Organization, without incurring any liability. Depending on our agreement with your Organization, your Organization may be granted the possibility to directly exercise any or all of the above-mentioned rights directly.

7.1 In General. The Application, Content and Services are provided to you “as is” and “as available”. To the maximum extent permitted by applicable law, we disclaim all warranties in connection therewith, whether express, implied or statutory, including any warranties of merchantability, fitness for a particular purpose, quiet enjoyment and non-infringement of third-party rights. In particular, we do neither represent nor warrant that the Application, Content and Services will meet your requirements, that the operation of the Application will be uninterrupted or error-free, that the Content will be error-free, that any errors in will be corrected, that we will ensure continued compatibility of the Application with any third-party products, even if they were compatible at any given moment that the Application will always be available and remain available unchanged. The use of the Application, Content and Services is entirely at your own risk, and we expressly disclaim any warranties regarding your use thereof and/or any decisions taken based on the insights gained from your use thereof.

7.2 Third-party content. The Application may contain contents provided or maintained by third parties, or links to such contents. These links are provided solely as a convenience to the Users and not as an endorsement by us of such contents. We assume no responsibility or liability in relation therewith.

7.3 User Content. All User Content posted on, transmitted through, or linked from the Application (by you or others), is the sole responsibility of the User from whom such User Content originates. We do we undertake to control or verify the User Content, nor any use of the Application by other Users. We do not make any representation or warranty, express or implied, as to the accuracy, timeliness, or completeness of such information and have no liability relating to it, whether arising under intellectual property, unfair competition and price indication laws, libel, privacy, obscenity, or otherwise.

7.4 No liability. To the extent permitted by applicable law, we waive all liability for any direct, indirect, consequential or special losses or damages of any kind whatsoever, arising from, or in connection with, the access and use of the Application, including authorized or unauthorized third party use of Accounts, or any reliance on any of the Content, notably User Content. Without prejudice to the generality of the foregoing, to the extent permitted under applicable law, we disclaim any liability for damages or losses, whether foreseen or foreseeable, or whether we have been advised of the risk thereof, related to the loss of use, interruption of business, loss of actual or anticipated profit, loss of revenue, loss of anticipated savings, loss of opportunity, loss of goodwill, loss of reputation, loss of, damage to or corruption of data, or any other indirect, special, incidental, exemplary, or consequential damages or losses of any kind, regardless of the form of action, whether in contract, tort, strict liability or otherwise.

8.1 Severability. If any provision of these ToU is or becomes invalid, unenforceable or non-binding, this shall not affect any other provision thereof. In such event, such invalid, unenforceable or non-binding provision shall nonetheless be enforced to the fullest extent permitted under applicable law, insofar as the invalid, unenforceable or non-binding provision shall be replaced by a valid, enforceable and binding provision reflecting to the greatest extent possible the intent of the original provision.

8.2 Governing Law. These ToU and the use of the Application are governed by and construed in accordance with Swiss substantive law, without reference to its conflict of laws provisions.

8.3 Jurisdiction. Any dispute or difference arising out of or in relation to these ToU or the use of the Application shall be subject to the exclusive jurisdiction of the ordinary courts of the Canton of Geneva, subject to the right of appeal to the Swiss Federal Tribunal.

9. Contact

For any questions regarding the Application or the ToU, you may contact us at transform.support@consultdss.com.