These Terms of Service, including any terms, policies or documentation referred to herein, («Terms») govern the use of the software features and services accessible via this website («Doppio») by the organisation you represent («Customer» or «you») and its employees, its other auxiliary persons or third parties engaged by Customer («Account Users»). By clicking "I agree", signing your contract for Doppio or using Doppio, you agree to these Terms on behalf of your organisation. We may rely on your representation that you have the authority to bind your organisation to these Terms.
Doppio is provided and maintained by Swisscom (Switzerland) Ltd, (registered domicile Alte Tiefenaustrasse 6, Worblaufen, Switzerland, company registration no. CHE-101.654.423 («Swisscom» or «we») for commercial, professional or non-private use by business customers headquartered in Switzerland. Swisscom may rely on Customer's representation that Customer will not use Doppio for any other purpose, without performing any independent checks.
Doppio allows Customer to integrate communication functionalities, such as chat, voice and video features, («Features») into Customer’s own application and/or service («Customer Application»).
Once Customer agrees to these Terms, Customer is granted a limited, non-exclusive, non-assignable, non-sub-licensable and revocable license to access and use Doppio for the sole purpose of Customer enjoying the benefit of Doppio as provided by us, as long as Customer uses Doppio in the manner permitted by these Terms and in accordance with applicable laws or regulations.
Use of Doppio requires Customer to open a Doppio account («Account») via the Doppio service portal («Service Portal»). Customer must fully and truthfully register the required information including the placement on file of a valid credit card issued to Customer or of details for other means of payment accepted by us.
In the Account Customer will define the Account Users that may use Doppio on Customer's behalf. Customer acknowledges that all information, orders (e.g. regarding additional features), transmissions of data, changes of service, notifications, and the like that are sent to us via the Account shall be deemed to have been composed and authorised by Customer. It is Customer's responsibility that all Account Users comply with these Terms. Customer must keep the access rights up to date by adding and removing Account Users as necessary and must update the Account, if Customer's or Account Users' information changes (e.g. contact e-mail address).
Customer is solely responsible for maintaining the confidentiality and security of Customer's login credentials and for any activities that occur through the use of Customer's login credentials. We will not be responsible regarding confidentiality and security on Customer's end of Customer's login credentials and for any activities that occur through the use of Customer's login credentials. If there is a risk of unauthorized use of login credentials by third parties, Customer must inform us immediately.
We reserve the right to verify Customer’s information and identity at any time. If we have legitimate doubts as to the identity of Customer or the Account Users, we may suspend or block the Account in question without liability to Customer.
Through the Doppio Service Portal we offer Customer the possibility to integrate different Features made available by us into the Customer Application. In order for Customer to understand how and to what extent the integrated Features are used by End Users, we provide Customer with corresponding reports and statistics. These reports and statistics are based on aggregations of data we collect when we track and analyse the End Users' usage behaviour (e.g. login/logout time, duration/time/frequency of Feature use, IP address used, amount of traffic and the like). Customer doesn't provide us with End Users' real names or account names but replaces them with pseudonyms. Doppio is hosted in our datacenters in Switzerland.
If End Users use a Feature with a chat functionality, we store the content of the chat communications for six (6) months. The chat communications can be used to recover End Users' chat history, e.g. if an End User has a new phone.
The available Features, a description of their functionalities and, if applicable, specific terms regarding each Feature («Feature Terms») are set out on the Service Portal. To use a Feature, Customer must agree to applicable Feature Terms in addition to these Terms. In case of contradictions between the Feature Terms and these Terms, the Feature Terms prevail.
We may make additional Features and new releases of current Features available to Customer on the Service Portal and may withdraw them from the Service Portal at our sole discretion and at any time without liability to Customer. We will notify Customer about new releases by placing a notice on the Service Portal. If we withdraw Features Customer will be notified in addition via email. Both notifications about new releases and Feature withdrawals will take place at least six months before support for the former releases and withdrawn Features ends.
Doppio is offered in four different «Plans and Pricing» e.g. Developer, Start-up, Launch and Growth («Service Category»). The scope of each Service Categorie and the corresponding remuneration is set out on the Service Portal. The applicable Service Category is automatically selected each month based on the total number of users of the Customer Application («End Users») as determined by us based on the measured traffic.
Customer can select an adequate «Support Package» on the Service Portal for the Feature it uses («Support Package») as set out on the Service Portal.
Swisscom strives to achieve availability of 99.95% in a given calendar month 24h a day 7 days a week («Availability Target» on server side interfaces). The Feature Terms may set out a differing Availability Target (e.g. in case of designated alpha, beta, early access, trial, or preview releases). Unless explicitly stated otherwise, the Availability Targets is offered on a best effort basis, i.e. the service is provided in an appropriate and generally accepted manner using the resources available.
Support regarding Doppio is provided to the Account Users through an online community accessible from the Service Portal. Swisscom will answer requests directed to the community during office hours (Mon-Fri 08:00-17:00 CET) on a best effort basis.
Customers of payed Service Categories may purchase additional support package at additional monthly cost. The scope of the support packages, the Availability Targets, potentially applicable Service Credits and the remuneration are set out on the Service Portal.
Service Credits will be credited in case of failure to meet the Availability Target as confirmed by Swisscom based on its measurements. The Service Credits can be used for future purchase of Doppio only and must be requested by Customer. Refunds or cash payments are excluded.
To apply for Service Credits, Customer must submit a request via the web ticketing system on the Service Portal within 30 days from the end of the calendar month that the Availability Target was not met in. The request must include the dates and time periods that Service Credits are being requested for and documentation on the apparent downtime. Service outages aren't considered as downtime if they are caused by factors outside of our reasonable control, by Customer not having fulfilled its responsibilities, by errors on Customer’s end or if they resulted from abuses or other behaviours that violate these Terms.
Service Credits are credited on the next monthly bill and will never be paid out as money.
Customer is charged for Doppio retrospectively per month for the cost as set out on the Service Portal. The total fee is determined based on the total number of End Users as determined by us based on the measured traffic and the Features and Support Package Customer has subscribed to.
The base fee covers the use of the Feature offering a basic chat functionality and the Basic Support Package (paragraph 4.3.1 above). At additional cost, Customer can use additional Features subject to the Feature Terms (paragraph 4.1 above) and/or subscribe to other Support Packages.
Invoices are payable net within 30 calendar days and will be charged according to the payment method agreed (paragraph 3 above). All prices are exclusive of any taxes, duties and charges, including but not limited to withholding taxes and/or deductions, imposed under or by any governmental authority. Such taxes, duties and charges are all borne by Customer.
We reserve the right to adapt, amend, modify or change Doppio, including but not limited to the Features, Service Categories, Support Packages and the technical solution, at any time and in our absolute discretion.
Customer is solely responsible for procuring and maintaining the technology required for using Doppio including but not limited to all necessary hardware and software, the internet connection, the web browser and any necessary interfaces on Customer's end. We are not responsible or liable for the technology required for using Doppio. We are also not liable for damages or losses incurred by Customer as a result of transmission errors, technical defects, interruptions, malfunctions, or unlawful intrusions.
Customer is solely responsible for all the information, content and data that Customer stores, transmits, discloses, shares or otherwise makes available through Doppio and the Customer Application and any consequences thereof. Customer represents and warrants that Customer has all the rights, power and authority necessary to store, transmit, disclose, share or otherwise make available any information, content and data through Doppio and the Customer Application.
To use Doppio, Customer must not and procures that Account Users do not:
Store, transmit, disclose, share or otherwise make available any information, content and data through Doppio that (i) is untrue, false; (ii) violates any applicable laws or regulations or these Terms; (iii) is harmful, fraudulent, threatening, obscene, libellous, defamatory, discriminatory, racist, violent, offensive, harassing, or otherwise objectionable; (iv) includes unauthorized disclosure of personal information; or (v) infringes on intellectual property rights of any third party;
Use Doppio in any manner that could damage, disable, overburden or impair our technical infrastructure;
Interfere with or disrupt Doppio or the security or integrity of networks, computers, communications systems, software applications, or Swisscom’s infrastructure;
Store, transmit, disclose, share or otherwise make available any information, content and data through Doppio which contains software viruses or any other computer code, files or programs designed to interrupt, destroy, change or limit the functionality of any computer software or hardware or telecommunications equipment.
Customer is responsible for using the latest Feature releases in the Customer Applications, including the corresponding client libraries and backend APIs, as they are made available to Customer on the Service Portal. It is Customer's sole responsibility to test these client libraries' and backend APIs' compatibility and functionality with the Customer Application and to maintain the client libraries' and backend APIs' that Customer integrates into the Customer Application.
Terms and condition regarding the use of the Customer Application are agreed between Customer and the End Users. No contractual relationship is established between Swisscom and the End Users.
New releases of the Customer Application are made available to End Users by Customer.
By integrating Doppio Features into the Customer Application, Customer enables End Users to use data transmission functionalities. Customer is aware that Customer may be regarded as a telecommunication service provider by regulatory or other competent authorities. It is Customer's responsibility to assess and comply with applicable laws and regulations. We assume no responsibility for compliance of the acts or omissions of Customer with any applicable laws and regulations.
Should we be approached by regulatory or other competent authorities with any order or request, due to them regarding Customer as a telecommunication service provider, Customer is obliged to fully cooperate with us and the regulatory authorities and to provide us with all information necessary for us to comply with the regulatory or other competent authorities' order or request.
Swisscom has the right to charge any additional effort (e.g. Legal clarification or clarification with authorities) directly to the Customer in case the Customer does not comply with the current legislation.
We provide Doppio for normal business use. We will, at our discretion, monitor Customer's usage patterns and the amount of traffic generated and reserve the right to curtail or restrict Customer's use of Doppio or to take other appropriate measures if the determined usage is excessive or abusive, especially if Customer's behaviour causes the available service capacity to be severely compromised for other customers.
Customer has a license to use Doppio as specified in paragraph 2 above. Nothing in the Terms gives you a right to use our name or trademarks, logos, domain names, and other distinctive brand features. All rights, in particular, title, industrial property and copyrights regarding Doppio and any other rights of use not expressly assigned, are and will remain our and our licensors' exclusive property.
Customer must indemnify and hold us and our affiliates, shareholders, directors, officers, employees and third-party suppliers harmless from and defend us and our affiliates, shareholders, directors, officers, employees and third-party suppliers against any claim or demand, including reasonable attorneys' fees, made by any third party, including regulatory or other competent authorities, due to or arising out of Customer's access to or use of Doppio or violation of these Terms, Feature Terms or applicable laws and regulations. In particular, we are entitled to take appropriate measures (e.g., blocking access, suspending or deactivating the Account, terminating Customer's use Doppio) in case of improper use without liability to Customer. In the event of unlawful conduct, Customer may also face liability claims from us, injured third parties and/or criminal procedures and penalties on the part of the competent authorities.
Unless explicitly stated otherwise in these Terms, we provide Doppio «as is». To the maximum extent permitted by law, we exclude all conditions, warranties, representations or other terms that may apply to Doppio, whether express or implied. Without limiting the generality of the foregoing, and to the maximum extent permitted by applicable laws and regulations, we exclude all conditions, representations, warranties or guarantees as to the accuracy, correctness, completeness and up-to-dateness of Doppio beyond explicit specifications in these Terms.
To the maximum extent permitted by applicable law, the provisions of these Terms are in lieu of all other representations, warranties or guarantees concerning the provision of, failure to provide or delay in providing Doppio that might, but for this clause, have effect between us and Customer or would otherwise be implied in or incorporated into these Terms, whether by statute, common law or otherwise, all of which are hereby excluded.
To the maximum extent permitted by applicable law and Without limiting the generality of the foregoing, we specifically DO not represent, warrant or guarantee that Doppio will be uninterrupted or error free beyond availability targets, and subject to the corresponding conditions, explicitly set out in these Terms or that client libraries integrated into the Customer Application will be uninterrupted or error free. We have the right to interrupt Doppio at any time if we think this necessary (e.g. for updates, maintenance, corrections, security risks, risks of improper use, etc.). We will not be liable to Customer or any third party for any damages or losses resulting from any interruption or lack of availability of Doppio beyond availability targets and corresponding conditions explicitly set out in these Terms.
To the maximum permitted by applicable law, we and our affiliates, shareholders, directors, officers, employees and third-party suppliers shall not be liable for any direct, indirect, incidental or consequential damages, for breach of any express or implied warranty, breach of contract, negligence, strict liability or under any other legal theory resulting from or in connection with Doppio or any use thereof, including, but not limited to, any damages arising out of loss of profits, loss of revenue, loss of data, loss of use of Doppio, down time and Customer's time, even if we or our affiliates, shareholders, directors, officers, employees and third-party suppliers have been advised of the possibility of such damages.
We placed special emphasis on security when developing Doppio. Yet, we do not represent, warrant or guarantee that Doppio will be secure or free from bugs or viruses. Neither will we be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect Customer's computer equipment, computer programs, data or other proprietary material due to Customer's use of Doppio. We will not be liable to Customer or any third party for any damages or losses resulting from any security issues of Doppio.
Both we and Customer are obliged to comply with the provisions of the Federal Act on Data Protection at all times in the course of our/its own processing of data and will oblige our/its employees, other auxiliary persons and third parties engaged to comply with it too. This includes the obligation to take appropriate technical and organisational security measures.
Where we process Customer data (incl. End User data and all data provided to us or made accessible to us by Customer) for the purpose of providing Doppio to Customer, we will be deemed to be a data processor commissioned by Customer and Customer will be deemed to be the data controller. Customer must ensure compliance with any laws and regulations that may be applicable to the data controller. If necessary, Customer is responsible, to inform End Users, Account Users and any other persons effected, about the processing of data relating to them and, if necessary, to obtain their corresponding consent. We assume no responsibility for compliance of the acts or omissions of Customer with any applicable laws and regulations.
In addition to the Customer data, we process to provide Doppio to Customer, we will track and analyse a) Customer's own behaviour, preferences, feedback and the like when using Doppio, and b) End Users' (only using pseudonyms) behaviour, preferences, feedback and the like when using Doppio, so we can improve Doppio continuously.
We may disclose Customer data to third parties in Switzerland or abroad, as long as it is in connection with the provision of Doppio or debt collection concerning the service.
When we replace or dispose of our systems, we destroy all data pursuant to applicable law and regulations and those customary in the industry. Customer acknowledges that data on systems that are still in operation can only be destroyed to a technologically limited extent and/or at considerable expense. If Customer, during or after termination of its use of Sonar, insists that its personal data is destroyed rather than simply deleted, then Customer must compensate us for the actual expense incurred based on our applicable hourly or daily rates.
Both we and Customer will treat confidentially all non-generally known information that each of us acquire in connection with the provision and use of Doppio or with the contractual relationship or concerning our or Customer's customer and business relationships. We and Customer will each oblige our employees and other auxiliary persons and engaged third parties to treat such information confidentially. Customer and Swisscom will only make this information available to third parties as far as these Terms permit it, one of us expressly permits the other of us to do so, or it is required based on a court order or statutory duty. Swisscom has the right to disclose the information within the Swisscom Group as well as to commissioned third parties in Switzerland and abroad but, in the latter case, only as far as it is necessary in order for the third party to fulfil its contractual obligations.
We reserve the right to modify, change and amend these Terms and/or Feature Terms and impose new or additional terms or conditions on Customer's use of Doppio at any time in our sole discretion without liability to Customer. In the case we decide to modify, change and amend these Terms and/or Feature Terms, we will notify Customer of the relevant modification, change or amendment via email and by placing a notice on the Service Portal at least fourteen (14) calendar days prior to the modification, change or amendment becoming effective. If Customer disagrees with the relevant modification, change or amendment, Customer may terminate the Contract by notifying us via the ticketing system on the Service Portal, deactivating the Account and discontinuing Customer's use of Doppio. If Customer does not deactivate its account, Customer's continued use of Doppio after we make changes to these Terms and/or Feature Terms will be deemed acceptance of the relevant modification, change or amendment.
We reserve the right to discontinue Doppio (or any part, service or content thereof) at any time in our sole discretion without liability to Customer. In the event we decide to discontinue Doppio (or any part, content thereof), we will notify Customer of the discontinuation by email and place a discontinuation notice on the Service Portal at least six (6) months before the discontinuation becomes effective.
These Terms and the Feature Terms will continue to apply to Customer's use of Doppio until terminated by either Customer or us, as follows:
Customer may terminate these Terms and the Feature Terms at any time for any reason per the end of each month by notifying us via the ticketing system on the Service Portal.
Subject to a notice period of six (6) months, we may terminate these Terms and the Feature Terms at any time for any reason per the end of each month by notifying Customer via email and by placing a notice in the Account.
In the event we have reasonable grounds to suspect that Customer or Customer's use of Doppio violates any applicable laws or regulations, these Terms or the Feature Terms, we have the right to immediately:
The termination of these Terms and the Feature Terms terminates Customer's license to access and use Doppio and we will deactivate the Account. If only certain Feature Terms are terminated, Customer's license to use the other Features and corresponding services remains unchanged.
The contractual relationship between Customer and us, including these Terms, is subject to Swiss law exclusively waiving the conflict rules of international private law and the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980.
The sole place of jurisdiction regarding any and all disputes arising from or in connection with Swisscom and the Customer's contractual relationship shall be Zurich, Switzerland. However, Swisscom may take legal action against Customer at the latter’s place of registered office. The foregoing is also subject to each of the Parties’ right to file a third-party action against the other Party in the court having jurisdiction over the main action, but only if the court is located in Switzerland.
If Customer have any questions or concerns about Swisscom or these Terms, Customer can contact us via the ticketing system on the Service Portal or by regular mail to the following addresses: Swisscom (Switzerland) Ltd, Alte Tiefenaustrasse 6, 3050 Berne, Switzerland.
Where the present Terms and other contractual documents refer to the written form, e-mail or communication via the respective service portal shall suffice for purposes of fulfilling the writing requirement.
Last updated on January 2017.
© Copyright 2017 Swisscom AG
Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License athttp://www.apache.org/licenses/LICENSE-2.0
Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.