Enigio's trace:original is a solution for creating and managing electronic original documents and verifying any copies thereof.
This website enables you to manage trace:original documents. By using the Solution on this website, you accept these ToU and become a “User”.
The provider of the Solution shall not be liable to any User or third person for the accuracy of the document supplied through the Solution, nor for any delays, inaccuracies, errors, interruptions or omissions, for any direct or consequential damages arising from or occasioned by said delays, inaccuracies, errors, interruptions or omissions, or for any discontinuance of the furnished Solution.
The provider of the Solution accepts no responsibility or liability for the contents of any other site, whether linked to this site or not, or any consequences from your acting upon the contents of another site. Using the Solution shall not render the User a customer of the provider of the Solution, nor shall the provider of the Solution owe such Users any duties or responsibilities as a result thereof.
Furthermore, the provider of this Solution shall not be responsible or liable for:
- the integrity of the document if other software than the trace:original software is used;
- storage of trace:original documents or their cryptographic keys;
- errors due to malicious code contained in any trace:original document;
- the documents or its signatures legality or enforceability in the jurisdiction where it might be presented; and
- default or delay caused by any occurrence beyond its control, including but not limited to fires, strikes, accidents, lockouts, riots, acts of civil or military authority, epidemic, flood, earthquake, war, acts of terrorism, sabotage, governmental actions, and subcontractor defaults.
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Risks involved in the use of the Solution
The User is aware of the fact that using computers and the Internet exposes him/her to a number of risks including, in particular:
a) the possibility that an unauthorized third party might access the User’s account;
b) the possibility that the relationship between the User and the provider of the Solution might be revealed; and
c) the possibility that computer viruses might infect the User’s computer system without the User's knowledge.
Consequences of use of the Solution
The provider of the Solution shall not be liable for any loss suffered by the User resulting from the use of the Solution, including in particular the actions of unauthorized third parties, transmission errors, transmission failures, technical faults, overloads, breakdowns (including but not limited to maintenance activities due to the maintenance system), system downtime, malfunctions, interference, attacks (e.g., hacking), blocked communications and networks (e.g., mail bombing) or other failures, regardless of who is responsible.
You shall therefore take the necessary precautions to ensure the confidentiality of all information, including, among other things, the system password, user ID, as well as secure telecommunications (e.g., VPN).
Use of the website
The provider of the Solution including its directors, officers or employees shall not be liable for any damages or injury arising out of your access to, or inability to access, this website or from your reliance on any information provided herein. The provider of the Solution disclaims any and all liability for direct, indirect, incidental, consequential, punitive, and special or other damages, lost opportunities, lost profit or any other loss or damages of any kind. This limitation includes any damage or virus, which may affect your computer equipment.
The works of authorship contained in this website, including but not limited to all design, text and images, are owned, except as otherwise expressly stated, by provider of the Solution and may not be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without the prior written consent of provider of the Solution.
When using the Solution or if the User creates an account on the website linked to the trace:orignal service, the provider of the Solution will, for administrative purposes, require and store various information about its customers, for example name, address. We also require your email address or phone number to be able i) to perform some parts of the Solution and ii) to send you the login information. Your email address will not be passed on to third parties except to sub-contractors to the provider of the Solution (e.g., e-signatures providers). In other cases, we pass on information to the extent permitted by law.
The User undertakes to use the website in a proper and reasonable manner, and not to misuse the website in any way or use it in such a way as might occasion, for example, the overloading of the website, any delay in the transmission of information, any interruption of service, blockage of access to the website or any other effect detrimental to the provider of the Solution or to the users of its website.
It is forbidden:
- to effect e-mail-bombing or any denial-of-service attack (in particular flooding) or any similar attempt similar;
- to infect the website with any virus, worm, Trojan horse or other software, or any similar attempt;
- to gain or attempt to gain unauthorised access to the servers administering the website, or to circumvent or attempt to circumvent or to disable or attempt to disable the website’s security features (hacking);
- to update the information provided on the website using automatic updating programs, e.g., such as are provided by other websites;
- to use offline readers or similar software, in particular such as would allow the mass downloading of data from the website onto your hard disk.
Should the User undertake any of these actions, the provider of the Solution reserves the right to deny User’s access to the website.
The User undertakes to:
- make use of the contents of trace:original documents as well as any attachments or references to other documents vital for the legal effect or understanding of the documents;
- be fully responsible for safeguarding documents and keys when storing and managing originals of trace:original documents. I.e., when the user is the holder of an original;
- safeguard that no malicious code is inserted in any trace: original document; and
- conduct all reasonable actions to limit any damage or liability in case of system failure or downtime
The User agrees to defend, indemnify, and hold the provider of the Solution harmless from all liabilities, claims and expenses that are caused or can be related to your use or misuse of the Solution in violation of these ToU, applicable law and/or other agreements or guidelines which may be associated with your use of the Solution.
The provider of the Solution reserves the right to amend these ToU at any time and the newest applicable version will be posted on this website.
The provider of the Solution may at any time update, change, modify or withdraw the Solution (in case of withdrawal, reasonable notice will be given) as a whole or part thereof, including specific properties, without incurring any liability and without obtaining your prior consent. All new functionalities, features or services introduced to the Solution will be subject to these ToU.
Any dispute, controversy or claim arising out of or in connection with these ToU, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC”). The Rules for Expedited Arbitrations shall apply, unless the SCC in its discretion determines, taking into account the complexity of the case, the amount in dispute and other circumstances, that the Arbitration Rules shall apply. In the latter case, the SCC shall also decide whether the Arbitral Tribunal shall be composed of one or three arbitrators. The seat of arbitration shall be Stockholm, Sweden. Unless otherwise agreed, the arbitral proceedings and the arbitral award shall be subject to a duty of confidentiality. These ToU shall be governed by the law of Sweden.
Any provisions in these ToU, which by their nature are to be performed or complied with after the termination of these ToU, shall survive and continue in full force and effect (e.g., provisions regarding governing law).