General Terms and Conditions (GTC) of Glue Software Engineering AG for eSignR (valid from 1 March 2025)
Scope of application
These GTC apply to all services that Glue Software Engineering AG (hereinafter referred to as “Glue”) provides to the customer via its online platform for electronic signatures (hereinafter referred to as the “software solution”). These GTC also apply to all services that Glue provides to customers who operate the eSignR software solution in their own infrastructure (on-premises).
The contractual language is German. If there are text versions in other languages, the wording of the German version shall apply in case of doubt. The customer accepts these GTC by concluding a contract with Glue for the software solution, by accepting Glue’s offer or by signing Glue’s software license agreement, thereby concluding a customer contract between the customer and Glue (hereinafter referred to as the “Customer Contract”).
These GTC form an integral part of the Customer Contract. Any deviating provisions in the Customer Contract shall take precedence over the GTC. Glue reserves the right to amend these GTC at any time if changes in legislation or case law make this necessary or other circumstances lead to the contractual equivalence relationship being disturbed to a more than insignificant extent. A subsequent amendment to the GTC shall become effective if the user does not object in writing within four weeks of notification of the amendment. Glue shall expressly draw the customer’s attention to the significance of his silence as consent to the amendment to the contract at the beginning of the period and shall inform him of this in writing.
To use the software solution, the customer must accept additional terms and conditions of the recognized provider of certification services (Swisscom Trustservice AG). The use of the software solution is governed by the terms and conditions of the recognized provider of certification services.
Contractual relationship
Free testversion
Registration takes place in a total of three steps. In the first step, the customer enters their data, consisting of an e-mail address and the desired password. Registration is completed by clicking on the “Register” button. In the second step, the customer receives an e-mail with a confirmation link to confirm the registration. This e-mail represents a confirmation of the registration by Glue. Mit der Bestätigung der Registrierung durch Aufruf des Bestätigungslinks erklärt der Kunde seine Registrierung. In einem dritten Schritt gibt der Kunde seine Identifikationsdaten an, bestehend aus Vorname, Nachname, Mobiltelefonnummer und Ausstellungsland seines Ausweises. Diese Identifikationsdaten müssen mit denjenigen übereinstimmen, die der Kunde bei der Identifikation gegenüber der anerkannten Anbieterin von Zertifizierungsdiensten, Swisscom Trustservices AG, angegeben hat. By providing the identification data and accepting these GTC, a contract is concluded between Glue and the customer.
Further use subject to a charge
If the customer logs into their account after the free trial has expired, they must select a corresponding subscription to continue using the software solution, enter their address and make a credit card payment. If the customer does not log in again after the free trial has expired, he will not incur any costs.
Accounts
Customer: A customer of Glue may be a legal entity or a natural person who has concluded a customer contract with Glue.
User: A user is a natural person who has been authorized by the customer to use the software solution.
After the customer contract comes into force, Glue shall provide the customer with the access data for the account, which enables the customer to create accounts for users or to activate users. The customer may delete his account and, if applicable, the accounts of the users he has activated at any time. When an account is deleted, all of the customer’s associated data is deleted, unless Glue is obliged to retain it in accordance with the Ordinance on the Keeping and Storage of Business Records (GeBüV). In particular, any remaining signature credits expire when the customer deletes an account.
Glue will automatically and silently delete accounts according to the following rules:
- Three months after the end of the free trial period if the customer has not purchased a paid subscription.
- Twelve months after expiry of a paid subscription, but at the latest after expiry of all allocated signature credits.
Subscriptions
Glue undertakes to provide the software solution to the customer. The specific services purchased by the customer are set out in the customer contract or displayed to the customer when a subscription is taken out and subsequently in the account.
The services are offered to the customer in the form of subscriptions (“Personal”, “Business Starter” and “Business Pro”). The customer selects the subscription as part of the order.
Switching to another subscription is only possible at the end of the subscription term. In the event of a desired change during the term of the subscription, the customer must contact Support. The fee already paid for a current subscription will be credited pro rata and on a daily basis to a more expensive subscription.
In the case of the “Business Starter” and “Business Pro” subscriptions, the customer initially determines the number of user accesses they require when taking out the subscription. The number of user accesses can only be changed at the end of the subscription term. In the event of a desired change to the number of user accesses during the term of the subscription, the customer must contact Support. The fee already paid for a current subscription will be credited pro rata and on a daily basis to a more expensive subscription.
Signature Credits
At the beginning of the subscription term, the customer receives a credit of included signatures as follows:
- Monthly subscription term: a credit of 10 included signatures per user
- Annual subscription term: a credit of 120 included signatures per user
The customer can purchase additional signature credits. After the purchase, the credit is allocated to the customer. The users authorized by the customer share the allocated signature credits. When used, the oldest credit is always used up first. Credits can only be used during the term of the subscription. Unused signature credits expire after 12 months.
Utilization
To sign documents with a qualified electronic signature (QES), authentication of the signer is required, and the signature must be created by an accredited certification service provider. Glue integrates the ZertES- and eIDAS-compliant components from the accredited provider Swisscom Trustservices AG into its software solution.
Glue itself is not an accredited certification service provider according to the Swiss Federal Act on Electronic Signatures (ZertES) or the European Union Regulation on Electronic Identification and Trust Services (eIDAS No. 910/2014).
Availability
Glue guarantees the functionality and availability of the software solution during the contract term and will maintain it in a condition suitable for contractual use. Glue will make reasonable efforts in accordance with recognized technical standards to ensure proper usage, but does not guarantee unrestricted availability or the absence of errors.
Glue guarantees 99% availability of the software solution on a quarterly basis. Downtime not caused by Glue’s failure, such as outages from the accredited certification service provider, third-party system attacks, unforeseen hardware failures, or force majeure events, as well as related unscheduled maintenance, will not be counted.
Maintenance window
Glue may temporarily interrupt access to the software solution to carry out maintenance work. Maintenance windows are generally scheduled between Monday and Friday, from 10:00 PM to 7:00 AM CET, and on Saturdays and Sundays between 8:00 AM and 12:00 PM CET.
Urgent work that cannot be delayed (e.g., to fix security or stability issues) will be carried out during regular usage hours. If such work requires a longer interruption, Glue will notify the customer in advance. Glue will make every effort to minimize the disruptions caused by maintenance.
Usage Rights
The right to use the software solution in the scope of the selected subscription is granted upon full payment of the first fee by the customer and remains valid as long as the customer continues to make the required payments on time.
Intellectual Property Rights of Glue
All content, including but not limited to computer programs, services, procedures, designs, technologies, trademarks, logos, and inventions used on or accessible through the websites or software solution, are the intellectual property of Glue or its licensors. Customers agree not to use the websites, software solution, or the aforementioned elements for purposes other than those specified in the contract.
Compensation
By concluding a subscription or contract, the customer commits to paying the agreed compensation to Glue. Unless stated otherwise, the prices listed on the websites include VAT and expenses. Glue may provide additional services such as installation, training, etc., for a fee, with the details specified in a separate contract.
Glue is entitled to charge the customer for the use of the software solution (a) in advance, (b) at the time of use, (c) after use, or (d) periodically. The fee for subscriptions is generally due in advance at the beginning of each new term.
The customer must provide a payment method for subscribing to the services. The customer authorizes Glue to store their payment method through the payment service provider and to handle recurring payments as electronic withdrawals. The customer can always download billing information in the form of a PDF receipt from their account.
Customer Obligations
The customer is responsible for properly managing passwords and login details for using the software solution. The customer agrees to keep their payment information and account details up to date (including full names, email addresses, and phone numbers) and to remove users from their account upon their departure. The customer also agrees to assist Glue in investigating any suspected or actual misuse.
The customer agrees to promptly report any security incidents related to the use of the software solution. A security incident is defined as any event that affects the availability, confidentiality, or integrity of information under Glue’s responsibility and that the customer becomes aware of. The customer agrees to report any discovered vulnerabilities in the software solution. Both Glue and the customer agree to treat all information shared by the other party confidentially, unless publicly declared. Information regarding security incidents and vulnerabilities is confidential and can be securely communicated to Glue via the contact page: https://www.esignr.ch/kontakt/. The customer is solely responsible for acquiring, installing, maintaining, and operating the necessary software and hardware on their side.
Term, Termination, Suspension
The contract term corresponds to the length of the chosen subscription. At the end of the subscription term, it will automatically renew for another month or 12 months. The contract may be terminated at the end of the subscription term or at any other time specified in the customer agreement. Unused signature credits at the end of the subscription term do not expire and can be used after the contract is renewed. If the regular payment required for automatic renewal cannot be processed with the customer’s stored payment method, the customer’s subscription will end at that point, and the customer will be notified by email.
The right of both parties to terminate the contract for important reasons remains unaffected. Glue is particularly entitled to terminate the contract for an important reason if the customer breaches these terms and conditions. Glue may also terminate the contract immediately if the accredited certification service provider ends its relationship with Glue or fails to provide its services.
Warranty and Liability
Free services are provided without any fulfillment or warranty claims. Glue can stop, modify, or offer free services only for a fee at any time without notice. No claims or rights arise from this. Glue does not guarantee uninterrupted or error-free usage at any specific time. Glue is liable for intentional misconduct and gross negligence as well as personal injury under applicable law. Glue’s liability for minor negligence or for its agents is excluded, to the extent permitted by law.
Otherwise, Glue’s liability for any direct damages, losses, or other costs is limited to the compensation amount specified in the customer contract before the occurrence of the damage. Glue is not liable for indirect damages such as loss of income, reputational damage, third-party claims, or lost profits. Glue also excludes any liability for damages primarily or exclusively related to the services of the accredited certification service provider.
Force Majeure
Glue shall not be liable if the non-performance or delay in the performance of any of its obligations is due to a force majeure event. Force majeure includes, in particular, natural events of particular intensity, wars, armed conflicts, riots, insurrections, sabotage, acts of terrorism, unforeseeable governmental or legal restrictions and infectious diseases or epidemics. If Glue is unable to fulfill its own contractual obligations, the fulfillment of the contract or the deadline for the fulfillment of the contract shall be postponed in accordance with the event that has occurred.
Severability clause
If individual provisions of these GTC prove to be invalid or unlawful, this shall not affect the validity of the GTC. In this case, the provision in question shall be replaced by a valid provision that is as economically equivalent as possible. The same shall apply in the event of a contractual loophole.
Applicable law and place of jurisdiction
The customer contract and these GTC are subject exclusively to Swiss law. The provisions of the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (Vienna Sales Convention) are excluded.
Data protection
For all information on the handling of customer and user data, Glue refers to its privacy policy. The customer shall ensure and guarantee that he and the users comply with all legal and regulatory requirements when processing personal data and observe the provisions of data protection law.
Version dated 01.03.2025 (replaces the version dated 01.11.2023).