1. General

1.1. These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and eID Easy OÜ, registry code 14080014, address: Telliskivi 60, Tallinn 10412, Estonia.

1.2. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

1.3. 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.

1.4. By executing these Terms and Conditions, You agree to be bound by them. If You disagree with any part of these Terms and Conditions, then You may not access the Service.

2. Definitions

2.1. Unless otherwise defined herein, capitalized terms and expressions used in these Terms and Conditions shall have the following meaning:

• 2.1.1. “Service Provider” (also referred to as either “We”, “Us” or “Our”) – EID Easy OÜ, Harju maakond, Tallinn, Põhja-Tallinna linnaosa, Telliskivi tn 60/1, 10412.
• 2.1.2. “Service” – electronic signing and identification services provided by the Service Provider.
• 2.1.3. “You” – 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.
• 2.1.4. “Customer” – person of legal entity who uses the Service with the intent of identifying End Users or letting End Users to create electronic signatures.
• 2.1.5. “End User” – the person who uses the Service to identify himself/herself for the Customer or is giving electronic signature for Customer.
• 2.1.6. “User Account” – configuration, file repository and all other digital traces connected to the Customer.
• 2.1.7. “Account Administration” – a person who manages Services and the User Account for a Customer.
• 2.1.8. “Website” – elD Easy platform, accessible from https://www.eideasy.com or https://id.eideasy.com.
• 2.1.9. “Security Device” – National ID card, Mobile-ID mobile app or similar software or hardware that provides user identification or electronic signature functions.

3. Service

3.1. Service provides two main features:

• 3.1.1. End User identification; and
• 3.1.2. Creation of electronic signatures by End User for the Customer using Security Devices.
• 3.2. Service exists to make the abovementioned features easier and more accessible for everyone. Security devices are built by third parties for the purpose of user identification and/or electronic signatures.

3.3. End User must consider that the Personal Data they provide to the Service Provider 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.

3.4. 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.

3.5. This Service is provided in accordance with the Service Level Description, which can be found here: https://eideasy.com/sla/.

3.6. The Service Provider is not responsible for long-term storing of copies of unsigned or signed files, and these shall be deleted according to the Privacy Policy.

4. Security and Personal Data

4.1. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use our Services. Our Privacy Policy can be found here: https://eideasy.com/privacy-policy/ .

4.2. 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.

4.3. 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.

4.4. Unsigned and signed files are stored in encrypted form. Where username 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.

5. Pricing

5.1. Our Service is free for End Users.

5.2. Standard prices for the Services and minimum monthly fees are described on https://eideasy.com/pricing/. By using the Services You agree to these fees.

5.3. Custom fees and payment terms for Customers can be agreed upon in a separate Service agreement.

6. Intellectual Property rights

6.1. The intellectual property rights relating to the Service belong to or have been licensed to Us. Your use of these intellectual property rights is limited to what is strictly necessary in order to use the Service and you will not gain ownership of any such intellectual property.

6.2. You will not (and shall ensure that any authorized users or third parties do not):

• 6.2.1. reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code or interface protocols of the Services;
• 6.2.2. modify, adapt, or translate the Services;
• 6.2.3. make any copies of the Company (or eID Easy subcontractors) Intellectual Property;
• 6.2.4. remove or modify any proprietary marking or restrictive legends placed on the Company Intellectual Property;
• 6.2.5. use the Services in violation of any applicable laws or for any purpose not specifically permitted in the Agreement; or
• 6.2.6. introduce into the Services any software, virus, worm, “back door,” trojan horse, or similar harmful code.

7. Limitation of Liability

7.1. Taking into account the Service Level Description, the Service is provided to You “as is” and “as available” which means that the Service is provided with all faults and defects without warranty of any kind (even though the Service Provider shall give its best to make sure there are no faults nor defects).

7.2. To the maximum extent permitted under applicable law, the Service Provider, on its own behalf as well as on behalf of its affiliates, licensors and service providers expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, fitness for a particular purpose, and warranties that may arise out of course of dealing, course of performance, usage.

7.3. The Customer and End User shall

• 7.3.1. indemnify and hold harmless the Company in respect of all costs, charges, liabilities or losses and direct damages that the Customer may suffer as a result of non-compliance with the provisions herein, regulatory requirements with reference to the Services and related to action(s) or claim(s) initiated against the Customer or End User by any party as a direct result of the Company’s failure to fulfill the obligations set forth in the Agreement;
• 7.3.2. pay or reimburse any penalty and fine which payment is requested to the Customer or End User resulting from the failure by the Company to comply with such laws and regulations.

7.4. To the maximum extent permitted by applicable law, in no event shall the Service Provider or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever, 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.

7.5. 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.

8. Compliance

8.1. If You are a European Union consumer, you will benefit from any mandatory consumer protection provisions of the law of the country in which you are resident in.

8.2. 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.

9. Governing law and dispute resolution

9.1. These Terms and Conditions are governed by the laws of the Republic of Estonia.

9.2. Any disputes arising from these Terms and Conditions will be resolved by the means of negotiations. If the negotiations are not successful, disputes shall be resolved at Harju County Court.

9.3. These Terms and Conditions may have been translated if We have made them available to You on our Webpage. You agree that the original English text shall prevail in the case of a dispute.

10. Final Provisions

10.1. These Terms and Conditions may be amended unilaterally from time-to-time. All versions of the Terms and Conditions can be found on our Webpage. We shall notify our Customers before the Terms and Conditions are changed, but it is best to keep Yourself informed of the latest version by checking the Webpage from time-to-time.

10.2. If any provision of these Terms and Conditions is held to be unenforceable or invalid, such provision will be changed and/or 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.