Terms of use

Last Updated: 11.06.2021

Definitions

"Account" means a valid account giving access to the Service;
"Documentation" means standard user manuals and/or related documentation of the Service made available to Users;
"Paying Plan(s)" means(s) the paying option(s) offered to Users to subscribe to the Service and as described on the Website;
"Subscription" means the legally binding agreement between Users and 2factor.app to access the Service, including the creation of an Account and, if applicable, a Paying Plan's selection;
"Software" mean a program executed on a terminal;
"Support" means 2factor.app assistance to Users pertaining to the Service. The Support may differ depending on the applicable plan;
"Terms of Use" mean 2factor.app Service's terms and conditions of use;
"User" or "You" means the person using the Service.

Scope of the Terms of Use

The Terms of Use apply to any use of 2factor.app Service and shall prevail over all contractual documents issued by User.
The Service must be used for professional purposes only.
Access to the Service requires at any time to:
- Have read, understood, and agreed to the Terms of Use; and
- Hold a valid Account.
Subscribing to one of the Paying Plans shall require the User to approve additional Terms of Subscription.

Updates of the Terms

The Terms may be subject to occasional changes. We may, in our sole discretion, update these Terms at any time and without prior notice. The most recent version of the Terms of Use is available at https://2factor.app/terms-of-use. This page also displays the "Last Updated" posting date at the top of the Terms. By continuing to use the Service, You recognize to You have reviewed, understood and agreed to the revised Terms of Use.

Privacy Policy

Any personal information that You provide to us is handled as per our Privacy Policy: https://2factor.app/privacy_terms

Access to the Service

User Account

In order to access and use the Service, Users must be legally able to enter into a contract and must comply with Swiss law.
By creating an Account You agree to and must provide a valid e-mail address and any other information required to complete the Account creation process. You agree to and must provide your real name and address, and any other information required to complete the Subscription process.
If You are representing a company or any other legal entity, You must have the authority to bind this entity to the Terms of Use.
An Account is personal. It is not permitted to share the use of the Service between several persons via a single Account. You recognize that You are responsible for the security of your Account and authentication methods to the Account. You shall be held responsible for any activity occurring with your Account, may it be of your own, or any other person having access to your Account.
Failure to comply with the Terms of Use may result in 2factor.app deleting the Account and all related Content, at the sole discretion of 2factor.app and may result in You, or the entity You are representing, being banned from any further use of 2factor.app services and products.
You may at any time decide to delete your Account. You understand and agree that this action may only be performed by You, and that 2factor.app employees shall not take into consideration any Account deletion request emitted by phone or e-mail. The Account deletion must be performed via your personal Account page https://2factor.app/account and confirmed by clicking on the link which shall be sent to your Account's e-mail address and accepting the Account deletion via the subsequently opened Website page.
You understand that deleting your Account implies the immediate deletion of any related Content after the receipt of your request, and cancellation of any Subscription without any right or acceptable claim of refund for any previously paid Subscription.

Use of the Service

Users must use the Service in accordance with the Terms of Use.
2factor.app grants to Users a non-exclusive right to access and use the Service in accordance with the Terms of Use.
You understand that You are using the Service at your own risk, and that You must check the safety and the security of your hardware and materials.
To improve the Service, 2factor.app may recommend specific configurations. Should You choose not to follow recommendations made for specific configurations by 2factor.app, You assume the responsibility for any and all results of your choice.
It is not permitted to use the Service for any unauthorized use, or illegal activity as per the Swiss law.
2factor.app undertakes to not use the Content for any purpose other than for providing the Service.
User acknowledges having verified the suitability of the Service to its needs and having received all the information and advice necessary for subscribing to the Service and having been fully informed by 2factor.app of the extent of contractual obligations under the Terms of Use.

Availability of the Service

You understand that the Service is provided on an "as is" and "as available" basis.
The Service is available worldwide. We may, at our sole discretion, restrict access to the Service, or portions of the Service in certain countries. You understand that You are solely responsible of making sure that You may access the Service from your geographic area. 2factor.app may not be held responsible for any Internet connection outage resulting in a Service disruption, Content loss or degradation.
The Service is only available in English. We may, at our sole discretion, communicate or produce content in other languages with no further obligation to provide the Service in additional languages.
2factor.app may occasionally offer to Users to experiment beta features. You understand and agree that any of these beta features may be modified, removed or discontinued depending on your Subscription Plan at our sole discretion.

Third-Party's technology

The Service may contain links or integrations with Third-Party content, products and services, as a convenience. 2factor.app does not endorse and shall not be held responsible for any content, products and services provided by the Third Parties, nor the operational or functional capacity of the integration with the Service. Your use of Third-Party content, products and services, including payments and any terms and conditions are solely binding You and the Third-Party.
You understand and agree that any integration You configure with a Third-Party product or service may result in the transmission of your data or Content to the Third-Party systems, and that these data and Content shall be handled as per the Third-Party's terms and conditions, and privacy policy. 2factor.app shall not be held responsible for any damage, data and Content loss or degradation, copyright infringement occurring when using the data and Content in a Third-Party product or service.

Data and Content stored in Switzerland

The Service is hosted by Hostpoint. Any data and Content is stored and processed on Hostpoint servers, located in Switzerland. We may, at our sole discretion, decide to change from hosting provider and may consequently have to relocate and process your data and Content in another Country.

Support

Support is available during business days (during Monday to Friday between 09:00 a.m. – 17:00 p.m. Zurich (Switzerland) local time) in English, via e-mail at support@2factor.app or the Website's built-in support features. As a convenience and depending on the available 2factor.app staff, Support communication may be held in German.
Support cases shall be managed only via 2factor.app support management tool. You understand and agree that We may handle only Support cases described with enough context, and that those have to be related to the Service, Account, Subscriptions or be questions about the Terms of Use.

Financial Terms and Conditions

The Service is provided in full or in part, according to the plan subscribed by the User with the Account.
By creating an Account You automatically subscribe to the Plan.
Paying Plans may grant access to additional features, Content and Content storage capacities, Support priority level or any other Service capacity.
When subscribing to a Paying Plan, and for the complete duration of your Paying Plan Subscription, You must approve and agree with the additional 2factor.app terms of Subscription, which depend on your billing country.

Financial Terms and Conditions

2factor.app provides the Service without warranty.
The Service shall never replace the security functions and the obligations of Users related to security.
Subject to Subscription to the Service concerned, 2factor.app assistance is provided only for the use of the Service. The information provided by 2factor.app does not constitute advice, whether commercial, financial, legal or otherwise.
2factor.app does not warrant that the Service shall enable Users to achieve the desired results or achieve desired objectives. More generally, 2factor.app does not warrant that Subscription to the Service and shall improve the performance of Users' business.
You understand and agree that 2factor.app shall not be held responsible for any direct or indirect damage, cost of procurement of extra or substitute products or services incurred by the access to, or impossibility to access to the Service, the use of, or impossible use of the Software and the availability, or unavailability of the Service.
2factor.app reserves the right to temporarily interrupt access to the Service to carry out technical maintenance or improvements to the Service. No temporary interruption of the Service shall give rise to any payment of compensation to Users.
You understand and agree that 2factor.app does not warrant that the Service shall meet your specific needs, requirements and expectations, the Service shall provide access to error-free and perfectly accurate data, the transmission of data from your servers or local machine shall ensure a complete delivery and any issue or flaw detected in the Service shall be corrected.
You represent that You shall hold harmless (including reasonable attorneys' fees) 2factor.app, their affiliated companies, their principals, agents, administrators, and employees from and against any claim by any Third-Party arising out of or connected with the use of the Service, and more generally, the violation of applicable law.
You act as an independent entity and, therefore, are responsible for all risks of your business. You are solely responsible for the Subscription, information on the Content and files sent, distributed or collected, as well as for their operation and updating.
To use and improve the Service, 2factor.app may recommend technical requirements or certain configurations. Users are responsible for following these technical requirements or recommendations. Users are solely responsible for the use and implementation of means to ensure the security, protection and backup of their equipment, their Content and Software. As such, Users undertake to take all appropriate measures to protect their Content. Users undertake not to commit any act which could jeopardize the security of the Service.
2factor.app shall not be liable for any damages arising out of the use of the Service if the Software is installed on a production server. 2factor.app may only be held liable for the damage it has has directly and exclusively caused, without any joint nor several liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 2factor.app SERVICE (INCLUDING FOR THE HACK PLAN) IS PROVIDED AND LICENSED AS IS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. 2factor.app DOES NOT WARRANT THAT THE USE OF THE SERVICE SHALL BE UNINTERRUPTED OR ERROR-FREE.
In any case, the liability of 2factor.app is expressly limited to the amount You paid for using the Service during the last twelve (12) months.

Termination

The Terms of Use may be terminated by a Party for cause immediately if (a) the other Party ceases to do business, or otherwise terminates its business operations; or (b) the other Party materially breaches any material provision of the Terms of Use or the terms of Subscription and fails to cure such breach within thirty (30) days of written notice describing the breach. Upon termination of the Terms of Use, regardless of the reason, You shall not be able to access the Service and your Account shall be deleted, along with your data and Content.

Governing Law

The Terms of Use are governed by Swiss law. TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, THE PARIS COURTS SHALL HAVE JURISDICTION OVER ALL DISPUTES ARISING OUT OF THE VALIDITY, INTERPRETATION, EXECUTION AND/OR BREACH OF THE TERMS OF USE AND OF THE SERVICE, REGARDLESS OF PLURALITY OF DEFENDANTS OR INDEMNIFICATION PROVISIONS.