Terms of Use

1. General

These Terms of Use apply to the use of the authentication service of XignSys GmbH through the app Xign.Me. XignSys provides authentication services to Users with its app Xign.Me in accordance with these Terms of Use. These Terms of Use shall apply exclusively. Any conflicting or deviating terms of use shall only become an integral part of the contract insofar as they are consistent with the content of these terms of use or have been expressly acknowledged by XignSys GmbH in text form. This shall also apply if XignSys GmbH provides services without reservation in the knowledge of conflicting or deviating terms and conditions of the users.

2. Subject of the authentication service

XignSys GmbH provides a service for the authentication of users on behalf of our cooperation partners, as well as the transmission of personal data to the cooperation partner, if applicable. XignSys GmbH is a pure commissioned data processor within the meaning of Art. 28 et seq. Data Protection Regulation (DSGVO) and performs the authentication service on behalf of and for its cooperation partners as obligated parties under data protection law.

3. User authentication process

User authentication is carried out at the request of the cooperation partner of XignSys GmbH who wishes to carry out authentication or is obliged to authenticate the user on the basis of statutory provisions (e.g. from the GWG, TKG, eIDAS/VDG, De-Mail-Gesetz, etc.) in order to fulfill the desired contractual purpose. The authentication service provided by XignSys GmbH is carried out as part of an overall system for establishing the identity of users, with the aid of the personal smartphone and the personalized Xign.Me app installed on it. The data required for user authentication is only collected and processed in accordance with the relevant laws (e.g. GWG, TKG, eIDAS, VDG, De-Mail-Gesetz, etc.) or on the basis of the express consent of the user. After successful user authentication and the user's consent, identity data is transmitted from the identity provider to the cooperation partner.

4. Availability of the authentication service

XignSys GmbH reserves the right to discontinue, change or otherwise modify its authentication service at any time. This applies in particular in the event that the legal and/or statutory, as well as regulatory framework conditions regarding the permissibility of the authentication services through the XignIn technology change. XignSys GmbH endeavors to provide its entire service offering without interruptions. However, XignSys GmbH cannot assume any liability for the constant availability of its service offer. The availability of the service offer can be limited in particular at short notice if this is necessary with regard to the security or integrity of the servers, the performance of technical repair or maintenance work.

5. Approval

By agreeing to the Privacy Policy and these Terms of Use of XignSys GmbH, the User gives its binding consent to the provision of the authentication service and the confirmation of its identity to the cooperation partner in accordance with these Terms of Use and the separate Privacy Policy of XignSys GmbH.

6. Cooperation and other obligations

The user undertakes to cooperate appropriately in the provision of the authentication service of XignSys GmbH. In particular, the User undertakes not to misuse the authentication means available to him. For the provision of the authentication service, a terminal device with Internet access is required on the part of the User. It is the user's responsibility to ensure that his end device has the appropriate features to go through the authentication process. In addition, it is recommended to use a device that is neither rooted, jailbroken or otherwise modified in order to be able to guarantee the security-relevant properties of our authentication service. If the user violates his obligations under these terms of use, XignSys GmbH reserves the right to cancel the authentication process at any time.

7. Notification and information obligations

The user must immediately perform a new personalization if the loss or theft of the authentication means, misuse or other unauthorized use of the authentication means, access information or personalization information is detected. Furthermore, as soon as there is a suspicion that another person has gained unauthorized possession of the authentication means or knowledge of the knowledge factor or personalization information, or is using the authentication means, knowledge factor or personalization information, the user must also perform re-personalization of the smartphone.

8. Data protection

XignSys GmbH collects, processes and uses personal data of users exclusively for the purpose of providing the authentication service. Any further use of the data will only take place with the express consent of the user. With regard to the details, reference is made to the current data protection declaration of XignSys GmbH, which can be accessed at any time on the website of XignSys GmbH.

9. Liability

XignSys GmbH shall be liable in accordance with the statutory provisions for damage caused by fraudulent conduct as well as for damage caused by intent or gross negligence on the part of the staff of XignSys GmbH. In the event of simple negligence, the Contractor shall only be liable in the event of a breach of essential contractual obligations (so-called cardinal obligation, i.e. an obligation the fulfillment of which makes the proper execution of the contract possible in the first place and on the fulfillment of which the contractual partner regularly relies and may rely). XignSys GmbH shall be liable in accordance with the statutory provisions for personal injury and damages under the Product Liability Act.

10. Place of jurisdiction

These terms of use and all contracts concluded between XignSys GmbH and the user, if any, including these terms of use shall be governed by the laws of the Federal Republic of Germany, excluding the conflict of laws rules.

11. Miscellaneous

Should individual provisions of these terms of use be or become invalid or unenforceable or contain a loophole, this shall not affect the remaining provisions. The parties undertake to replace the invalid or unenforceable provision with a valid and enforceable provision that comes as close as possible to the economic purpose of the invalid or unenforceable provision or fills this gap.

Amendments and supplements to these terms of use must be made in text form.

Last updated: April 2021 

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