SwissHelios GmbH (hereinafter referred to as “SH”) and NewCom4 Sàrl (hereinafter referred to as “NC4u”) operate the applications SocialPass for guests and SocialScan for hosts. They allow customer data to be collected and made available to the tracing organizations of the health authorities. Those who download the applications to a device (“customer” )have decided to use the software. This agreement covers the usage of this software.
Subscription Use of the applications
- SocialPass is provided free of charge, SocialScan through payable subscriptions.
- The customer receives a simple (non-exclusive) right to use the applications. This right is non-transferable.
- Without prior written consent, the customer has no right to have the software used by third parties or to allow third parties to access it. As an exception, the use of SocialScan by multiple users of company/organisation in the same location is permitted.
- If the software is no longer in use, it can be uninstalled. As a result, the right of use is also null and void. The subscription to SocialScan will continue until the end of the paid subscription period.
- The applications are provided without any specific adjustments. SH and NC4u can improve/adapt existing features. Legal regulations and the needs of customers are considered.
- Warranty and liability: SH and NC4u guarantee a careful and professional execution of the services. However, a completely trouble-free operation, use and uninterrupted provision of services cannot be guaranteed. The two providers will make every reasonable effort to correct errors as soon as possible. Any other warranty is excluded to the extent permitted bylaw. The providers are only liable for direct damages of intentional negligence. Liability for minor misconduct as well as all persons responsible for indirect damages are excluded.
Restriction of use of the SocialScan app
The use of the SocialScan application is limited to Switzerland. The data collected by this application can be used exclusively by the competent authorities of the Swiss cantons and for the purposes mentioned and for the purposes of this declaration as provided for by federal or cantonal law (notably by Article 5 paragraph 2 of the Ordinance of 19 June 2020 on measures to combat the COVID-19 epidemic in particular circumstances).
- Customers use the applications only in accordance with all relevant legislation.
- SwissHelios can adapt the general conditions to changed situations.
- The provisions published on SwissHelios websites define data protection in this context.