1. Scope of the Terms of Service
These terms of service apply to the online offering from Silenccio AG (hereinafter: “Operator”), which is available online at https://silenccio.axa.ch/en/ and https://silenccioapp.axa.ch .
2. Conclusion of Contract and User Account
(1) A service contract with the operator enters into force by completing the online registration process and creating a profile. The object of the service agreement is the free use of the profile.
(2) A user account must be opened to create a profile. This consists of a user name and a password (“log-in data”).
(3) It is only possible to open a user account by entering a current email address for the user. This email address also serves as the means of communication with the operator.
(4) The user assures that the data used to create their profile (“profile data”) is accurate and complete. The use of pseudonyms is not permitted.
3. Use of the Profile
(1) The user can use the operator’s different services in the online security area when using the profile. Services are offered in the areas of shopping, harassment and phishing and hacking.
(2) The operator is at any time entitled to block access to individual content without specifying any reasons, e.g. when there is a suspicion that said content violates applicable law or third party rights. The user has no claim to the maintenance of individual functionalities of the portal.
(3) The operator endeavours to operate the portal without interruptions. This is of course limited to services that the operator itself controls. The operator remains free to limit, wholly or partially, temporarily or permanently, the access to the online offering owing to maintenance work, capacity issues and owing to other events that are not within its control.
4. Ban on Distribution for the User
The distribution and/or public sharing of any portal content
is prohibited without explicit consent from the operator in text format.
5. Ban on Commercial Use
The user may use the portal only for private purposes. The use of the platform is aimed exclusively at private persons. The user assures that they will use the offered services exclusively as a private person and also only store such data that is directly related to them as a private person (no profiles used for commercial purposes). The storage of data relating to legal persons is prohibited. The storage of data of natural persons, who use it for commercial purposes, e.g. blogger profiles, is also prohibited. The right is reserved for explicit consent from the operator in text format.
6. User’s Duty to Cooperate
(1) The user is required to carefully manage their log-in data. The user is prohibit, without exception, to disclose the log-in data to third parties and/or to enable access to the profile to third parties by circumventing the log-in data.
(2) The user must refrain from any activity that is intended to impair and/or to overload the operation of the online offering or the associated technical infrastructure. These include, in particular:
- The use of software, scripts or databases in connection with the use of the portal;
- The automatic reading, blocking, overwriting, modifying, copying of data and/or other content, so far as this is not required for the proper use of the portal.
(3) If interruptions result when using the online offering or its functionalities, the user must inform the operator of this interrupt immediately. The same applies when the user obtains information about content published by third parties, which clearly violates the applicable law or rights of third parties.
7. Usage Rights
All rights to the portal content are held by the operator. The user is prohibited from duplicating, distributing and/or publishing content which the operator, other users or third parties have placed in the online offering.
8. Liability
The following liability restrictions are deemed agreed:
- Liability for all damages arising from data loss is waived to the legally permissible extent.
- The operator’s liability for indirect or consequential damage, such as reputational damage, liability losses, damages from prosecution, damages to other goods, etc., is waived to the legally permissible extent.
- The operator’s liability for its auxiliaries is also excluded according to Art. 101 Section 2 OR [Swiss Code of Obligations] for any culpability.
9. Indemnity Claim
The user releases the operator and its employee or contractors from all resulting third party claims in the event of claims owing to alleged or actual infringement of rights and/or infringement of third party rights through actions carried out by the user in connection with the use of the online offering. The user also undertakes to reimburse all costs arising to the operator through claims from third parties. The costs of a reasonable legal defence are also included in the reimbursable costs.
10. Personal Data
The user hereby consents to the data processing described at https://silenccio.axa.ch/en/privacy-policy/. Amendments to the regulation on data processing will be disclosed to the user by email using the stored email address and they will be requested to explicitly consent the next time they use the offering.
11. Term of the Contract/Termination
(1) The contract term depends on the agreement between the user and AXA Versicherungen AG concerning the product «Cyber insurance Plus».
(2) Just cause for terminating this contract is given for the operator, in particular if the customer violates one of their obligations under point 4-6 of this contract.
(3) The data saved in the context of using the website shall be deleted once the contract concluded between the User and AXA Versicherungen AG on the ‘Cyber Insurance Plus’ product has been terminated. 30 days prior to deletion, Silenccio shall send the User a notification to the email address that Silenccio has stored for them. The User is informed that, once 30 days have elapsed, all of their data (including everything that the User sent Silenccio, as well as everything that Silenccio created for the User itself or received from third parties) shall be automatically deleted and – if the User would like Silenccio to hand over the data before it is deleted – they must inform Silenccio to this effect by replying to the email before the 30-day time limit elapses. If the User does not reply to the email within 30 days, they shall finally waive their right to have the data handed over.
12. Final Provisions
(1) If the contract contains ineffective regulations, the effectiveness of the contract otherwise remains unaffected.
(2) Material Swiss law is exclusively applicable to the present contract, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
(3) The operator’s headquarters is agreed as the exclusive jurisdiction.