Last updated: August 17, 2020
Please read these terms and conditions carefully before using Our Service.
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Account Administration means a person who manages Services and the User Account for a Customer.
- Country refers to: Estonia
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to EID Easy OÜ, Harju maakond, Tallinn, Põhja-Tallinna linnaosa, Telliskivi tn 60/1, 10412.
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Service refers to the Website.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- Website refers to eID Easy, accessible from https://www.eideasy.com or https://id.eideasy.com
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
- Customer means person of legal entity who uses the Service with the intent of identifying End Users or letting End Users to create electronic signatures.
- Balance means Sum of Customer’s payments, from which the cost of their used services has been deducted.
- Soft Credit Limit means the total amount of negative Balance upon which an invoice is issued to the Customer.
- Hard Credit Limit means the total amount of negative Balance upon which paid services are disabled for the Customer.
- User Account means configuration, file repository and all other digital traces connected to the Customer.
- End User means person who uses the Service to identify himself/herself for the Customer or is giving electronic signature for Customer.
- Security Device is National ID card, Mobile-ID mobile app or similar software or hardware that provides user identification or electronic signature functions.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Service overview
Service provides 2 main features. 1) End User identification and 2) creation of electronic signatures by End User for the Customer using Security Devices. Service exists to make these features easier and more accessible for everyone. Security devices are built by 3rd parties for the purpose of user identification and electronic signatures.
End User must consider that the Personal Data they provide via their eID methods will be forwarded to the Customer, and hence a separate personal data processing relationship is formed between Customer and End User. This relationship between the Customer and End User is not governed by us, and we do not take any responsibility for the Customer’s actions with the End User’s data.
End User understands that if he/she clicks action buttons which initiate user identification or electronic signatures and enters credentials for security device, for example PIN codes or passwords, then Service will read data from there and forwards this data to the Customer. User identification and electronic signatures created have legal effects so End User must consult with specialists if not entirely sure what is happening.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Termination
You may stop using the Services at any time.
We reserve the right to terminate the provisioning of Services or hand over provisioning of Services to any third-party by informing Customers with a minimum notice of 6 months. In such case, Customers who have made a pre-payment will receive a refund for the amount of money that was not used up on services.
We reserve the right to terminate Services immediately, without a notice, if a Customer or an Account Administrator commits any breach of these Terms and Conditions or Customer has not paid by any invoice by the deadline.
With exception to the Customers with active subscriptions, we reserve the right to cancel and delete your Customer Data if you haven’t used the Service for more than 12 consecutive months.
Security and Personal Data
Our Privacy Terms explains if, how and why we collect, use, retain, disclose, and safeguard the data you provide us. You agree to review and agree to our Privacy Terms.
Actions performed by the Account Administrator may result in changes to the access, use, disclosure, modification or deletion of certain or all Customer Data and/or Personal Data.
Account Administrator actions and any actions affecting the Customer’s balance are logged in application logs that are stored encrypted and will be deleted after 90 days.
Unsigned and signed files are stored in encrypted form. Where user name and personal identifying code are needed then in database then these are stored in encrypted form. User action history is deleted from database after 90 days.
Pricing and Payments
We offer multiple different pricing schemes for our Services. You agree to pay the fees as quoted to you when you subscribe to a particular pricing scheme.
The prices, features, data storage capacity, limits of the Services depend on the pricing scheme selected by you as well as any changes instigated by you. Pricing is published on https://eideasy.com/pricing/ and any possible changes will be notified a minimum of 30 days ahead, on our website and via email.
We do not represent or warrant that any particular pricing plan will be offered indefinitely, and reserve the right to change the prices for or alter the features and options of our pricing plans without prior notice. Such changes will not automatically apply to existing subscriptions.
Customer is allocated a Soft Credit Limit and a Hard Credit Limit when first signing up for the Services.
Unless otherwise agreed upon, the default Soft Credit Limit is 100 euros, and the Hard Credit Limit is 200 euros.
The total cost of services used by the Customer are subtracted from their Balance. Balance is 0 euros by default. If current Balance is below the Customer’s Soft Credit Limit, an invoice is issued to the Customer. If current Balance is below the Customer’s Hard Credit Limit, only free services will stay available until the Balance is settled.
The Customer can increase their Balance via available payment options in the admin panel at any time.
Upon agreement with the Service Provider, the Customer can receive monthly invoices for their current outstanding balance.
If you downgrade to free Services, we will store your Customer Data gathered in the course of paid services three calendar months thereafter. We will send you a notification to download all your Customer Data at least 5 business days prior to Customer Data deletion.
You may cancel your subscription at any time, which will be effective immediately. All Services used by you until that point shall be deducted from your Balance and in case you have selected a monthly invoicing option, an invoice will be sent to you for the Services used from the last invoicing period up to the cancellation moment. In case you have a positive Balance with us, any remaining Balance shall be returned to you.
License Grant; Restrictions on Use
(a) License Grant. Subject to the Agreement, Company hereby grants the Customer and to the Authorized Users (if any)during the applicable Subscription Period, a limited, non-exclusive, non-transferable license, without the right to grant sublicenses, to use the Services.
(b) Restrictions on Use. You will not (and shall ensure that any Authorized Users or third parties do not): (i) reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code or interface protocols of the Services; (ii) modify, adapt, or translate the Services; (iii) make any copies of the Company (or eID Easy subcontractors) Intellectual Property (as defined in Section 10); (iv) resell, distribute, or sublicense the Services; (v) make the Services available on a “service bureau” basis; (vi) remove or modify any proprietary marking or restrictive legends placed on the Company Intellectual Property; (vii) use the Services in violation of any applicable laws or for any purpose not specifically permitted in the Agreement; or (viii) introduce into the Services any software, virus, worm, “back door,” trojan horse, or similar harmful code. In addition, You may not access the Services for purposes of monitoring performance or functionality, or for any other benchmarking or competitive purposes.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through in the Service in last 3 months or 100 EUR if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind even though eID Easy will do what it can to make sure there are no faults nor defects. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
Governing law for the use of Service is Estonian law.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
- By email: info@eideasy.com
