These Terms of Use contain the terms of use of the website operated by the Service Provider for you under the name Trident Online Signing Platform, available at https://www.tridentsign.eu, https://www.tridentsign.hu. The processing of your personal data is regulated in the Privacy Policy.

By commencing the use of the website, you represent that you understand and agree to the following:

Service Provider

Name: I4P-Informatikai Korlátolt Felelősségű Társaság

Address: Pethényi út 7. D. ép., H-1122 Budapest, Hungary

Registration number: 01-09-199578

Tax number: 25098192-2-43

E-mail: [email protected]

Definitions

Service Provider:

The above stated company provides the Service. (“i4p”, “Provider”, “we”, “us” or “our”)

Service:

The service operated by the Service Provider under the name Trident Online Signing Platform (available at https://www.tridentsign.eu, https://www.tridentsign.hu) to provide e-signing services as well as for the purpose to provide other related services to its Users.

Single User:

An individual accessing and using the Service as a consumer who is not affiliated with any company; that is an individual acting outside the scope of his/her profession, self-employment, or business.

Business User:

An individual accessing and using the Service in connection with a Business entity or as a sole proprietor; is a natural person acting inside the scope of his/her profession, self-employment, or business.

user:

Single User and Business User jointly (“you” or “your”).

Third Party:

A natural or legal person, public authority, agency or body other than the user and Service Provider.

Business account:

A shared account where multiple users can use the Service. It may also be a registered account of a Business entity that uses the Service.

Business entity:

A legal entity on whose behalf Business Users have registered to the Platform and accepted these terms.

user account:

Natural persons’ accounts.

eIDAS:

Regulation (EU) No 910/2014 of the European Parliament and Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC

Qualified certificate:

A certificate for electronic signatures, that is issued by a Qualified Trust Service Provider (“TSP”) and meets the requirements laid down in the eIDAS.

Advanced electronic signature:

An electronic signature meets the following requirements: a) it is uniquely linked to the signatory; b) it is capable of identifying the signatory; c) it is created using electronic signature creation data that the signatory can, with a high level of confidence, use under his sole control; d) it is linked to the data signed therewith in such a way that any subsequent change in the data is detectable. Under Hungarian law, documents signed with advanced electronic signatures have the same legal effects only as written agreements.

Qualified electronic signature:

An advanced electronic signature that is created by a qualified electronic signature creation device, and which is based on a qualified certificate for electronic signatures. According to eIDAS the Qualified electronic signature shall have the equivalent legal effect of a handwritten signature and the presumption of non-repudiation and immutability applies. Under Hungarian law, it creates a private document with full probative value.

Privacy Policy

The Service Provider’s Privacy Policy contains the general data management guidelines of the Service Provider. The provisions contained in the Service Provider’s Privacy Policy shall be interpreted in accordance with the services set out in these terms of use.

Registration and Eligibility

By registering to the Service, you sign up with an e-mail address by creating a user account with the following details:

• first name
• last name
• e-mail address
• password

All users can view and modify the data provided by them at the time of the registration before clicking the ‘Register’ button or later in the User settings.

The contract between the User and us is concluded with the registration to the Service and the acceptance of these Terms of Use. The contract does not constitute a written contract. The contract is an English language contract. The acceptance of these Terms of Use will be saved in the user data only once during the registration by the Service Provider.

You agree to notify us of any unauthorized use of your password and/or account. We are not responsible for any liabilities, losses, or damages arising out of the unauthorized use of your password and/or account.

In case of acting on behalf of a Business entity, you are solely responsible to have the authorization from the business entity in which name you are completing the registration process.

The Service

The Service operated by the Provider is an information system supporting electronic document management and electronic signing processes, which enables users to upload, manage and share electronic documents, and to initiate and carry out electronic signing processes.

In the course of using the Service, users may upload electronic documents to the system, define the participants of the signing process and the order or conditions of the signing actions. The Service enables the management of signing processes involving multiple signatories, as well as the tracking of signing events and document statuses.

The Service supports the performance of electronic signing actions through the use of cryptographic keys and electronic signature certificates. During the signing process, the system ensures the execution of authentication and approval steps related to the signing action.

The Service may allow users to use their own electronic signature certificates or to use electronic signature certificates issued by a third party, in particular a trust service provider. Depending on the configuration of the Service, the system may also support the use of organisational electronic seals or central signing keys.

The Service also provides functionalities for managing user access and permissions, regulating access to documents, and inviting and managing persons authorised to sign or view documents.

Separation of the Service and Qualified Trust Services

The Service provides the technological infrastructure supporting the execution of electronic signing processes. The Service does not in itself constitute a qualified trust service within the meaning of Regulation (EU) No 910/2014 (eIDAS Regulation).

Where a qualified electronic signature certificate is used in connection with the Service, its issuance, validity and legal qualification fall within the responsibility of the qualified trust service provider issuing such certificate.

The legal effect of electronic signatures or electronic seals is determined by the applicable laws, in particular the eIDAS Regulation. Use of the Service does not in itself determine the legal qualification of a given electronic signature, such as whether it constitutes a simple electronic signature, an advanced electronic signature or a qualified electronic signature.

Responsibility for the Legal Compliance of Electronic Signatures

The Service enables the technical execution of the signing of electronic documents; however, use of the Service does not in itself guarantee that a given electronic signature will satisfy the formal legal requirements applicable to a specific legal transaction.

It is the responsibility of the user to determine what type of electronic signature is necessary or appropriate for the relevant document, legal transaction or procedure. In particular, it is the user’s responsibility to determine whether, in the given case, a simple electronic signature is sufficient, or whether an advanced or qualified electronic signature is required.

Where an electronic signature certificate is used in connection with the Service, the conditions relating to the issuance, validity and status of such certificate are determined by the rules of the trust service provider issuing the certificate.

The Provider shall not be liable for whether an electronic signature created through the Service complies with the formal or evidentiary requirements prescribed by the laws of a given country in relation to a specific legal transaction.

Authentication, Key Management and Signature Approval

The Service provides the technical infrastructure necessary for the performance of electronic signing actions, which may include the use of cryptographic keys and electronic signature certificates, as well as the execution of authentication and approval processes related to such signing actions.

Prior to the performance of an electronic signing action, the Service may, depending on its configuration, require authentication of the User and approval of the signing action. Approval may take place, for example, by password authentication, confirmation via mobile application, biometric identification or any other authentication method supported by the system.

The Service may also allow the user to use an electronic signature certificate or signing key provided by a third party, in particular a trust service provider. In such cases, the signing action may be performed, in whole or in part, through the infrastructure of the external provider.

The user shall be responsible for ensuring the security of the authentication tools, passwords and other access credentials used by the user and shall promptly notify the Provider of any event giving rise to suspicion of unauthorized use of electronic signing actions.

Document and Content Management

The Service enables users to upload, store, manage and share electronic documents and to carry out electronic signing processes relating to such documents.

The Provider does not review, qualify or approve the content of documents uploaded through the Service. In particular, the Provider does not examine the legality, validity, accuracy, completeness, or the content of the legal transaction embodied in such documents.

The user shall bear sole responsibility for any document, data or content uploaded, managed or made available to other users through the Service. In particular, the user is responsible for ensuring that the uploaded documents and data do not infringe the rights of third parties and comply with applicable laws.

The Provider shall not be liable for any direct or indirect damage arising from the content, legal effect or use of documents processed through the Service, including in particular damage resulting from a document being legally invalid, defective, incomplete or ambiguous.

The Provider shall be entitled to perform the automated technical operations necessary for processing documents, including in particular document processing, generation of the digital hash of documents, and other technical operations required for carrying out the electronic signing process.

Providing the Service

Legal qualification of the Service

We provide the Service in some cases as an intermediary service provider, according to the provisions of the EU E-Commerce Directive and the Hungarian E-Commerce Act.

We do not monitor the activities of and communication by the users of the Service. However, at our discretion, we, or the technology that we employ, may monitor and/or record user’s interactions with the Service. 

We are not liable for the integrity of the information or the information itself stored at the request of a user. 

You are solely responsible for the user content you post, upload, link, or otherwise make available via the Service. You agree that we are only acting as a passive conduit for your online distribution and publication of the user contents. We reserve the right to remove any user content from the Service at our discretion.

General terms of use

We reserve the right to determine whether any user content submissions are appropriate and comply with these Terms of Use, remove any and/or all of your submissions, and suspend or terminate your account with or without prior notice.

We may change, suspend or discontinue any aspect of the Service at any time, including the availability of the Service or any feature.

Violation, suspension, restriction, and termination

We reserve the right to suspend, restrict, or terminate user accounts and prevent access to the Service for any reason, at our discretion. We reserve the right to refuse to provide the Service to you in the future.

We may review and remove any user content at any time for any reason, including if you engage in activity which, in our sole judgment:

• violates these Terms,
• violates applicable laws, rules or regulations,
• is abusive, disruptive, offensive or illegal,
• violates the rights of, or harms or threatens the safety of Users of the Service.

You are responsible for any claims, fees, fines, penalties and other liability we or others incur caused by or arising out of your breach of these Terms and your use of the Service. 

Prohibitions

The following uses of the Service are prohibited.

The user must not:

• use the Service in a way prohibited by law or violating the rights of others,
• attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Service, user accounts or the technology and equipment supporting the Service,
• use data mining, robots or other data gathering devices on or through the Service,
• post incomplete, false or misleading information, impersonate another person, or misrepresent an affiliation with a person or entity,
• disclose personal information about other persons without permission,
• disclose hurtful, offensive, objectionable content or disclose content in an abusive manner,
• sell, transfer or assign any of your rights to use the Service to a third party without the permission of the Service Provider,
• post advertising or marketing links or content, except as specifically allowed by these Terms,
• use the Service after your account has been suspended or terminated, without our consent,
• use the Service in an illegal way or to commit an illegal act in relation to the Service or that otherwise results in fines, penalties and other liability to us or others,
• access the Service from a jurisdiction where it is illegal or unauthorized,
• reproduce any part of the Service,
• undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of any aspect of the Service or any part thereof, or attempt to do any of the foregoing, except as permitted by these Terms, the authorized features of the Service, or by law, or otherwise attempt to use or access any portion of the Service other than as we intend,
• solicit personal information from anyone under the age of 18,
• promote any criminal activity on the Service,
• assist or permit any persons in engaging in any of the activities described above. 

Liability

You expressly understand and agree that

• Your use of the Service is at your sole risk and the Service is provided on an „as is” and „as available” basis,
• We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, warranties as to products or services offered by businesses listed on the Service, implied warranties of merchantability, fitness for a particular purpose, and non-infringement,
• We make no warranty that (i) the Service will meet your requirement, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable (iv) the quality of any good or service available on the Service will meet your expectations, or (v) any errors in the Service will be corrected,
• Any material downloaded or otherwise obtained through the use of the Service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or mobile device, or loss of data that results from the download or use of any such material,
• We are not responsible for any disputes or disagreements or any other legal matters between you and any third party you interact with using the Service. We are not responsible for any disputes or disagreements or any other legal matters you may have with any intermediated service providers. You assume all risks associated with dealing with third parties. You agree to resolve disputes directly with the other party.

Limitation of Liability and Indemnification

The following terms apply unless expressly stated otherwise in the Terms of Use:

• You expressly understand that neither Service Provider, nor any of its employees or subcontractors will undertake any liability for any losses, damages, expenses (including, without limitation, any lost profit, indirect, collateral, or consequential losses as well) that may incur as a result of using the Service. Users may use the Service exclusively at their own risk, and accepts that beyond liability for breach of contract caused willfully, by gross negligence or by a felony offense, or damaging life, physical integrity or health, Service Provider excludes all liability for any pecuniary or non-pecuniary damage incurred in the course of usage.
• Service Provider excludes all liability for the activities of the users. Users shall be fully and exclusively liable for their own activity; in such cases, Service Provider will fully cooperate with the proceeding authorities to facilitate exploration of any breaches of the law.
• The Service may contain links leading to other service providers’ websites. Service Provider excludes all liability for the data processing practice and other activities of such service providers.
• Service Provider is entitled, but not obliged to monitor the contents made available by the users, if any, in the course of using the Service. In respect of the contents published, the Service Provider is entitled, but not obliged to search for indications of unlawful activities.
• Service Provider excludes all liability for any operation or content errors or defects that may occur incidentally, directly or indirectly, in the course of using the Service. Furthermore, Service Provider does not assume any liability for any errors occurring as a result of the provision of incorrect data.
• To the extent permitted by law, Service Provider will not be responsible for lost profits, revenues, or data, financial losses, or indirect, special, consequential, exemplary, or punitive damages.
• To the extent permitted by law, the total liability of Service Provider for any claims under these terms, including for any implied warranties, is limited to the amount the user paid us to use the Service.
• Due to the global character of the Internet, users undertake to proceed in compliance with the provisions of all applicable national measures in the course of using the Service. If any activity related to using the Service is not permitted according to the laws of the user’s country, the user shall exclusively bear responsibility for such usage.
• You agree to defend, indemnify and hold harmless the Service Provider from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, alleging or resulting from
  • your use of or reliance on any third-party content or user content,
  • your use of or reliance on any Service Provider content,
  • your breach of these Terms.

Confidentiality and security

Service Provider implements and maintains appropriate technical and organizational measures to protect its users and their data. However, Service Provider cannot guarantee, beyond taking the reasonable steps to prevent any breaches or intrusions.

You are solely responsible for making an independent determination as to whether the technical and organizational measures for the Service meets your requirements, including any of your security obligations under applicable data protection laws and regulations. You acknowledge and agree that (taking into account the state of the art, the costs of implementation, and nature, scope, context, and purposes) the security practices and policies implemented and maintained by Service Provider provide a level of security appropriate to the risk with respect to its data. You are responsible for implementing and maintaining security measures for components that you control (such as your client applications and credentials).

You must notify us promptly about any possible misuse of your accounts or authentication credentials or any security incident related to the Service.

Term and Termination

These Terms, as amended, will be effective commencing with your first use or registration of the Service and will remain in full force and effect throughout your use of the Service, until such time as you terminate your account or we terminate your account, subject to the survival provision of these Terms.

We may terminate your use of the Service or any features or functionalities of the Service at any time and for any reason, with or without notice, for conduct violating these Terms or upon our sole determination. You hereby agree to our broad right of termination.

We will retain your data stored in the Service for the period of the backup saving cycle after the termination of your account. After this data retention period ends, we will delete the data, unless we are permitted or required by the applicable law to retain such data or authorized in this agreement or in the Privacy Policy.

Consumer rights

The provisions of this chapter shall apply only to the users considered consumers according to Act V of 2013 on the Civil Code of Hungary and 45/2014. (II. 26.) A government decree of Hungary. In the event of a conflict between this chapter and the rest of the Terms of Use, the provisions of this chapter shall apply to consumers.

Right to withdraw or cancel

Single Users may exercise his/her right to withdraw by sending a clear statement to the Service Provider in a message sent to the Service Provider’s e-mail address at [email protected].

Single User expressly acknowledges that according to § 29 of the 45/2014. (II.26) A government decree of Hungary, Single User may not exercise his/her right of withdrawal/cancellation in the case of a contract for the provision of a service, after the performance of the service as a whole, if the performance was started by the Service Provider with the express prior consent of the Single User, and he/she acknowledges that he/she loses the right of withdrawal/cancellation after the performance of the entire service.

The act of the Single User, who has entered into the present contract, to complete the registration process and to enter the Service, and thereby access the Service in accordance with the provisions of these Terms, constitutes the commencement of the provision of the service with the express prior consent of the Single User.

Complaints

In case you have any complaints in connection with the Service, you can send your complaints via post to the registered office of the Service Provider at Pethényi út 7. D. ép., H-1122 Budapest, Hungary or via e-mail to [email protected].

Your complaint will be investigated, and you will be notified of the result within 30 days.

In case you are not satisfied with the result, you have the right to contact the following organization:

Budapesti Békéltető Testület – 99 Krisztina krt. II/310., 1016 Budapest, Hungary

Warranty rights

Warranty

On the basis of these terms, Service Provider shall be liable to provide a warranty for lack of conformity.

On the basis of warranty rights, the Single User shall have the option:

1. a) to choose either repair or replacement, unless compliance with the chosen warranty right is impossible or it results in disproportionate expenses on the part of the Service Provider as compared to the alternative remedy, taking into account the value the service would have had there been no lack of conformity, the significance of the non-performance, and the harm caused to the Single User upon compliance with the warranty right; or
2. b) to ask for a commensurate reduction in the consideration, repair the defect himself or have it repaired at the Service Provider’s expense, or to withdraw from the contract if Service Provider refuses to provide repair or replacement or is unable to fulfill that obligation under the conditions described below, or if repair or replacement no longer serves Single User’s interest.

Any repair or replacement shall be completed within a reasonable time and without any significant inconvenience to the obligee, taking account of the nature of the service and the purpose for which the obligee required the service.

Single User shall be required to inform the Service Provider of any lack of conformity within two months of the time it is detected. The Single User shall be liable for any damage that results from late notification. The Single User’s right to warranty shall lapse after two years from the fulfillment of the contract.

As regards any part of the service that has been repaired or replaced, the limitation period for the right to warranty shall recommence. This provision shall apply also when another defect emerges as a consequence of the repair.

Within six months of the fulfillment of the present contract, the warranty claim is not subject to any condition other than the reporting of the defect. However, after six months of fulfillment, the Single User is required to prove that the defect detected was already at the time of fulfillment.

Commercial guarantee

Service provider does not offer a commercial guarantee nor is he obligated to do so by any law.

Code of conduct

Service Provider does not have a code of conduct for its commercial practices.

Applicable Law and Jurisdiction

These Terms of Use and your use of the Service are governed by the laws of Hungary and the European Union. The parties stipulate the exclusive jurisdiction of the Hungarian courts in the event of a dispute between them.

Modification of the Service and the Terms of Use

We may make changes to the Service from time to time. We may modify or terminate any element of the Service at our discretion, at any time.

We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check the Service from time to time to view any such changes in the Terms of Use. If you continue to use the Service you signify your agreement to our revisions to these Terms of Use. 

Copyright

The Service falls under copyright protection. Service Provider is the copyright holder or the authorized user of all contents displayed on the course of providing the Service; any copyrighted works or other intellectual property (including, among others all graphics and other materials, the layout, the structure of the surface of website, the software and other solutions, ideas, implementations used).

All trademarks (brand names, logos, etc.) are owned or licensed by Service Provider. Neither registration nor using the website, or any provisions of the Terms of Use provide the user any right to use or utilize any commercial names or trademarks of Service Provider.

Beyond displaying as part of the normal use of the Service, as well as any temporary reproduction or private copying necessary thereto, such intellectual properties may not be used or utilized in any other form or manner without the prior written consent of Service Provider. The users may study the website, create an extract copy thereof by means of printing, saving to a disk, and transferring to another person; however, all such uses shall exclusively be for a personal, informative purpose, may not serve commercial purposes, and shall involve the name and contact information of Service Provider in connection with all such uses. No copies of parts of the website may be sold or transferred for a commercial profit, and no parts of the website may be amended or incorporated into another work or publication, website, either electronically or in any traditional manner. Beyond those stipulated herein, Service Provider grants no authorization or rights to Users in relation to the contents accessible via the Service.

You agree that you will not submit content that is copyrighted or subject to third-party proprietary rights, including privacy, publicity, trade secret, etc. unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content.

Miscellaneous

Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, then you and we nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

The provisions of these Terms that are intended to survive the termination of these Terms by their nature will survive the termination of these Terms.

Service Provider may assign or delegate these Terms of Use and/or the Service Provider’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent.

You may not assign or delegate any rights or obligations under the Terms of Use or Privacy Policy without the Service Provider’s prior written consent, and unauthorized assignment and delegation by you are void.

You acknowledge that you have read these Terms of Use, understand the Terms of Use, and will be bound by these Terms of Use.