Terms of Use

1. Blockchain Technology

1.1 blockchain technology

The platform Wecan Connect (hereafter the “Platform”) is based on a private blockchain technology which may be accessed only by persons holding a specific license. A license for the use of the Platform shall be granted to the User. Such license may be granted exclusively by WeCanGroup SA (hereafter WCG”).

1.2 wcg draws the user’s attention on the fact that data is stored directly on the blockchain technology

The User confirms that it understands the consequences of such storage notably in terms of risks, including the fact that WCG may not access the Data and may therefore not be held liable in case of security breach or cyber-attack on the Platform or blockchain technology for the physical server(s) which are not within the scope of influence of WCG, leading notably to a Data theft, unauthorised access or use, breach of confidentiality, leakage, loss or alteration of the Data, etc. Nonetheless, the Data on the blockchain technology will be encrypted which shall reduce the risk of Data breach. WCG has appointed a security audit firm prior to the access to the Platform to perform a penetration test to check the security of the Platform and to Pentest the security of the Platform to guarantee that it is state-of-the art and in line with industry standards.

 

2. Maintenance and technical support

2.1 maintenance

WCG shall use its best efforts to eliminate any deviation of the Platform or any error or bug in the functioning of the Platform and to take any necessary action needed to maintain the proper functioning of the Platform. WCG shall take the necessary action, including implementing updates, that are mandatory because of an amendment in the blockchain technology or other software, or programs linked to the Platform.

The maintenance does not include the elimination of failures that result from inappropriate operation or use of the Platform, or which relates to the Blockchain technology.

2.2 technical support

WCG shall provide the User with a helpdesk support available Monday to Friday, from 9am to 5pm CET, to provide technical support and assistance with questions and issues arising in relation to the use and operation of the Platform. To provide technical support and assistance in the most efficient manner as possible, WCG may access the Platform temporarily and in a read only mode, provided the User grants its prior approval.

 

3. Proprietary information and confidentiality

3.1 confidentiality and use

During the execution of the use of the Platform, WCG will have access to proprietary information regarding the User. WCG shall not disclose any such proprietary information. WCG shall be responsible towards the User for the fulfilment of the said confidentiality obligation.

3.2 exclusions

These obligations shall not apply to any information that (i) is or becomes known to the public under circumstances involving no breach of any confidentiality obligations; (ii) is generally disclosed to third parties by the User; (iii) is approved for release by written authorization of the User; or (iv) is required by law or by order of a court or regulatory authority of competent jurisdiction to be disclosed.

 

4. Diligence and liability of WCG

4.1 diligence

WCG shall use its best efforts in the performance of the services, rendering said services professionally to the highest standards, with due diligence and care.

4.2 liability in case of data breach

Subject to wilful misconduct or gross negligence on WCG’s part with respect to a failure of its security system and/or servers, WCG may not be held liable for any kind of security breach or data breach, including use of the data or cyber-attack on the Platform or blockchain technology, breach of data’s confidentially, leakage, loss, alteration, theft of the data.

4.3 liability for the blockchain technology

As detailed under article 1 above, WCG may not be held liable for any kind of damages or loss resulting from the blockchain technology.

 

5. Force majeure

Neither Party shall be considered in default of this Terms of Use to the extent that performance of its obligations is prevented by a Force Majeure event. The Party claiming existence of a Force Majeure event shall immediately notify the other Party. Failure to give a notice of the Force Majeure event shall deprive the Party concerned of the right to claim non-liability with respect to all damage that arose as a direct consequence of the delay in giving such notification. “Force Majeure” means circumstances beyond person’s control, which make impossible or illegal for that person to perform, such as, but without being limited to natural disasters, war, strikes, hostilities, civil unrest, acts of terrorism, expropriation, or embargoes.

 

6. Governing law and jurisdiction

6.1 governing law

The Terms of Use shall be governed by and construed in accordance with Swiss substantive law, without reference to its conflict of law’s provisions.

6.2 jurisdiction

Any dispute or difference arising out of or in relation to the Terms of Use shall be subject to the exclusive jurisdiction of the courts of Geneva, Switzerland, subject to the right of appeal to the Federal Supreme Court.