SND | Terms of service

Last updated: July 3, 2025

Scope
1. Skill n Depth AG, Einsiedelnstrasse 15b, 8834 Schindellegi, Switzerland (Provider) offers a blockchain based verification platform and logging service via the website www.skillndepth.com and the corresponding Skill n Depth-application (SnD-Platform).
2. These Terms of Service (Terms of Service) cover the use of the SnD-Platform by a natural person or legal entity (Customer).
3. Customers are divided into two types (Customer Types):
  - Individuals: This Customer Type includes natural persons who register via the SnD-Platform and have verified their data (e.g. divers, captains) (Individuals).
  - Companies: This Customer Type includes entities searching for Individuals with verified data and intending to utilize their services (e.g. contractors, agencies) (Companies).
4. The Terms of Service apply universally to all Customers unless a provision is explicitly specified only for a particular Customer Type. Upon registration, the Customer selects its Customer Type, thereby confirming their status as such.
5. These Terms of Service only cover the SnD-Platform delivered by the Provider to the Customers. The legal relationship between Individuals and Companies (e.g. employment agreement) or between Companies (e.g. mandate agreement) is not covered by these Terms of Service. The Provider is not a party of such agreements.
6. The Provider offers to associations and companies that issue certificates (e.g. divers associations) (Certification Associations) a separate online solution to issue and manage certificates (e.g. diver’s certificates) (Certificate Platform). The use of the Certificate Platform by the Certification Associations is covered by a separate agreement with the Provider and not by these Terms of Service. The Customers may be connected to Certification Associations through the SnD-Platform. The legal relationship between the Customers and the Certification Associations is not covered by these Terms of Service. The Provider is only acting as an intermediary between the Customers and the Certification Associations, but not part of the legal relationship between them.
Conclusion of the Agreement
1. The Agreement between the Provider and the Customer (Agreement) is concluded as soon as the Customer accepts these Terms of Service (e.g. by selecting the checkbox when setting up the customer profile for the first time) and at latest when the Customer starts using the SnD-Platform. The Terms of Service are an integral part of the Agreement.
2. If a natural person is acting on behalf of a legal entity, such natural person confirms that:
  - he/she has full legal authority to bind the legal entity (e.g. its employer) to the Agreement; and
  - he/she agrees to the terms of the Terms of Service on behalf of the legal entity.
3. If a natural person is acting for itself, the natural person confirms that he/she:
  - is at least 18 years; or if he/she is younger than 18 years, he/she has the legally valid consent of its legal representatives to conclude the Agreement; and
  - he/she agrees that he/she has read, understood and is bound to the Terms of Service.
The SnD-Platform
1. General Description. The SnD-Platform provided by the Provider to the Customer encompasses a software-as-a-service platform accessible via a website or an application offering a distinctive and specialized marketplace for certain specialized industries (e.g. professional diving industry). Via the SnD-Platform Customers can present certain information and Customers can connect with each other.
2. Customer Profiles: The SnD-Platform offers different customer profiles for Individuals and Companies:
  Individuals: Individuals can use the SnD-Platform especially to explore job opportunities, network with industry professionals and showcase their skills. Upon registration, Individuals can create their customer profiles highlighting their qualifications and certifications, enabling them to apply for open positions.
  Companies: Companies can use the SnD-Platform especially to connect with qualified Individuals and presenting detailed job listings. They can also search for Individuals based on specific skills.
3. Verification Service. The SnD-Platform includes certain verification services regarding information presented by Customers via the SnD-Platform (Verification Services). The Verification Services which are offered by the Provider are described on the website or within the SnD-Platform and shall enhance transparency for Customers regarding to information provided by Customers towards each other.
4. Connection to Third Party Services. The Provider may provide software interfaces (“API”) or other options to be connected to services of third parties as part of the Platform that enable the Customer to access or use third-party applications, software solutions, networks, websites, databases or other information via the Platform. The Customer's access to and use of such third party services is subject to the terms, disclaimers and policies of the relevant third party provider. The Company is not responsible or liable for the services of such third party providers and makes no warranties in this regard. Any services of the Certification Associations through the Certificate Platform are considered as third party services.
5. Customer Responsibility. While the Verification Service may assist the Customer in conducting verification processes about other Customer’s information (e.g. skills and certificates of Individuals), it is the Customer's ultimate responsibility to ensure the accuracy and validity of the information provided via the SnD-Platform. The Provider facilitates the verification process as outlined on the website; however, the Customer retains full responsibility for verifying the correctness of the information.
  The Customer will be solely responsible for reviewing and validating all information obtained through the SnD-Platform, ensuring its accuracy and compliance with any relevant legal or regulatory requirements. The Provider shall not be held liable for any inaccuracies, errors or omissions in the verified information and the Customer acknowledges that he bears the ultimate responsibility for any decisions made based on such information.
6. Limits. The Provider may in its sole discretion set and enforce limits on the use of the SnD-Platform by the Customer, including the number of calls to the SnD-Platform that the Customer may make. The Provider may monitor the Customer’s use of the SnD-Platform to ensure compliance with these limits.
7. Updates. The Provider may, in its sole discretion, at any time, with or without notice, and without liability to the Customer, make updates to the SnD-Platform, and change or discontinue the availability of certain functionalities of the SnD-Platform.
8. Monitoring. The Provider may monitor the Customer’s use of the SnD-Platform to ensure quality, security and compliance with these Terms of Service, including by employing technical measures. The Customer will not interfere with such monitoring.
9. Audit. The Provider may audit (or appoint an independent auditor subject to appropriate confidentiality obligations to audit) the Customer’s systems and records to confirm compliance with these Terms of Service. The Customer will provide the Provider with any documentation that the Provider reasonably requests to demonstrate your compliance with these Terms of Service.
10. Availability, Maintenance and Support. The SnD-Platform aims to maintain 99% availability based on hosting standards. Functionalities are provided on a best-effort basis. Maintenance of the SnD-Platform is performed on a best-effort basis. It is the sole discretion of the Provider to decide how and when updates of the SnD-Platform are provided. Customer support is conducted via a ticketing system and is provided on best effort basis.
11. Third Parties. The Provider may integrate at its sole discretion external service providers in the performance of the SnD-Platform, such as Persona Identities, Inc. (see https://withpersona.com), to enhance the functionality and capabilities of the SnD-Platform, particularly the Verification Services.
Customer’s Obligations
1. Credentials. The Customer is required to create an account to access the SnD-Platform. The Customer will keep its credentials and all login information related to the account secure. The Customer will not share its credentials or account login information with any third party.
2. Data. While using the SnD-Platform the Customer will share certain information (e.g. surname, name, date of birth, description of skills, description of projects) (Data) with the Provider. The Customer warrants that the Data does not comprise any unlawful or illegal content and in no way infringes any personal, intellectual or other rights of third parties. The Customer represents and warrants that it has the rights and/or permissions to share the Data with the Provider and will continuously ensure this..
3. Personal Data. Customer confirms that it is allowed to share with Provider any personal data which are part of the Data.
4. Account Registration. When creating an account, Customers must provide accurate, complete and current information at all times. Failure to comply constitutes a breach of the Terms of Service, which may result in immediate termination of the Agreement or the access to the SnD-Platform.
5. Truthful Information. The Customer agrees to provide truthful and accurate information at all time, when using the SnD-Platform. The Customer acknowledges that providing false, inaccurate, or misleading information may result in legal consequences, including the possibility of claims for damages from the Provider or other affected parties.
  In the event of a breach of this obligation to provide truthful information according to section 4.5, the Customer agrees to indemnify and hold harmless the Provider and other Customers from any claims, lawsuits, losses, damages, costs, and expenses (including attorney's fees) arising out of or in connection with the breach of this obligation. The Customer acknowledges and agrees that the Provider is entitled to take all reasonable steps to recover any damages or losses incurred as a result of the breach of this obligation to provide truthful information according to section 4.5. Further failure to comply with the obligation to provide truthful information according to section 4.5 is a breach of the Terms of Service, which may result in immediate termination of the Agreement or the access to the SnD-Platform.
6. Law and Regulations. Customer must only use the SnD-Platform in a manner that is compatible with applicable laws and regulations. Customer must not use the SnD-Platform for any illegal or unauthorized purposes. Customer’s use of the SnD-Platform must not infringe or violate any applicable laws (including data protection laws) or rights of third parties (including but not limited to intellectual property rights of third parties).
7. Notification. Customer shall promptly notify Provider of any suspected or alleged violation of the Terms of Service and shall cooperate with Provider with respect to investigation of any suspected or alleged violation of the Terms of Service.
8. Restrictions on recruiting agencies. External recruiting agencies are prohibited from utilizing projects and Data presented on the SnD-Platform for their own purposes. Customers may be asked for corresponding confirmations during the login process and must provide confirmations in a fully truthful way. Failure to comply constitutes a breach of the Terms of Service, which may result in immediate termination of the Agreement or the access to the SnD-Platform.
9. Further Obligations. In connection with the use of the SnD-Platform, the Customer will not, and will not authorize or encourage any third party to, directly or indirectly:
  - rent, lease, loan, sell, sublicense, assign, or otherwise transfer any rights in or to the SnD-Platform; and
  - distribute or resell the SnD-Platform or any portion of the SnD-Platform, or attempt to do any of the foregoing; and
  - remove any proprietary notices or confidentiality notices from the SnD-Platform or any portion of it; and
  - modify, translate, reverse engineer, disassemble, reconstruct, decompile, or create derivative works of the SnD-Platform; and
  - use or access the SnD-Platform to monitor the availability, performance or functionality of the SnD-Platform, or for any similar benchmarking purposes; and
  - use the SnD-Platform in a manner likely to cause a material degradation in the SnD-Platforms provided by the Provider to its other customers; and
  - engage in any activity that interferes with, disrupts, harms, damages, or accesses in an unauthorized manner the servers, security, networks, data, applications, or other properties or services of the Provider; and
  - conduct any load testing or penetration testing on the SnD-Platform without the Provider's prior written consent; and
  - bypass or circumvent any technical restrictions or security measures, including limitations on calls to the SnD-Platform; and
  - distribute viruses, malware, spyware, adware, or other harmful programs through the SnD-Platform; and
  - falsify or alter any unique identifier assigned to the Customer (e.g. credentials); and
  - develop another service or application whose primary purpose is to migrate customers off the SnD-Platform.
Charges
1. General. In order to use the SnD-Platform, you will be charged a one-time and/or recurring fee based on the Provider’s current pricing that can be found on its website or is communicated to the Customer by the Provider. These fees may change at any time at the Provider’s sole discretion. However, if the Provider has agreed or offered on its website in writing to give you free access to the SnD-Platform, including for a trial or limited period, the Customer will not be charged for that period.
2. Taxes. All charges are exclusive of taxes. To the extent taxes are applicable (e.g., VAT), the Provider will charge the Customer such taxes and the Customer will pay such taxes on top of the charges. If the Customer is required to deduct or withhold tax from its payment, then the Costumer will pay such additional amount as will ensure that the net amount the Provider receives and retains equals the full amount which the Provider would have received and retained had the deduction or withholding not been required.
3. Payment. The Customer will make payment through such means as the Provider will communicate to the Customer (including by wire transfer, credit card payment, or other means of payment).
Data Security, Privacy, Usage Information
1. Data Security. The SnD-Platform is provided as software-as-a-service from servers operated by third party providers, whereas the servers are located in Switzerland or in another country as agreed between the Parties or as specified by the Company in an offer or on its website.
2. Privacy Policy. The Provider’s Privacy Policy which can be found on the Provider’s website is applicable.
3. Profile Visibility Settings. The SnD-Platform provides Customers with the option to manage the visibility of the information they enter on the SnD-Platform, with the flexibility to adjust settings at any time. By customizing their profile settings, Customers are able to specify who has access to their information.
4. Data Processing Agreement. To the extent the Provider processes personal data on behalf of the Customer, the Provider is the data processor of the Customer and the separate data processing agreement Appendix 1 is applicable.
5. Usage Information and Statistics. The Provider may collect information about the Customer’s usage of the SnD-Platform, including information about the type and number of calls to the SnD-Platform. The Customer agrees that the Provider may use the information about the usage of the SnD-Platform for any purpose, including to improve the SnD-Platform and any other of its products and services.
  The Provider has the right to utilize anonymized data for statistical purposes and for the improvement of its SnD-Platform. This may include but is not limited to the analysis of Customers behaviour, trends and patterns to enhance the functionality, efficiency and the Customers experience of the SnD-Platform.
  Additionally, the Provider may use anonymized data for the training of artificial intelligence (AI) models and language learning models (LLM) developed by the Provider or by third parties. This data may be used to enhance the accuracy, performance and capabilities of these models, ultimately benefiting the overall quality of the SnD-Platform.
  he Provider assures that all data used for statistical purposes or for the improvement of the SnD-Platform will be anonymized to protect the privacy and confidentiality of the Customers. No personally identifiable information will be disclosed or used for these purposes without the explicit consent of the Customer, in accordance with applicable data protection laws and regulations.
Intellectual Property Rights
1. Ownership in the SnD-Platform. The Provider or its licensees own all right, title, and interest, including all Intellectual Property Rights, in and to the SnD-Platform, its documentation, and all other products, services, marks and branding of the Provider; and no rights are granted to the Customer regarding the Provider’s Intellectual Property Rights except as expressly set forth in these Terms of Service; while Intellectual Property Rights means all worldwide (a) rights associated with works of authorship, including copyrights, moral rights, and database rights; and (b) trademarks; and (c) trade secrets and know how; and (d) patents and designs; and (e) other intellectual and industrial property rights of every kind and nature, however designated, whether arising by operation of law, contract, license or otherwise; and (f) registrations, initial applications, renewals, extensions, continuations, divisions or reissues of the foregoing.
2. License. Subject to these Terms of Service, the Provider grants the Customer a non-exclusive, worldwide, non-transferable, non-sublicensable, limited license to use the SnD-Platform in accordance with its then-current description or documentation as available on the website of the Provider and/or as shown in the documentation of the SnD-Platform and/or as described in these Terms of Service.
3. Data. The Customer retains its ownership rights in the Data. The Customer grants the Provider a non-exclusive, irrevocable, worldwide, transferable, sublicensable license at no charge to copy, store, transmit, edit, translate, transform, and create derivative works of, the Data to the extent reasonably required for the Provider’s performance of the obligations and the exercise of the rights under these Terms of Service and for the purpose of creating, generating, training, testing and verifying machine learning and other artificial intelligence systems, tools, applications, algorithms and models of the Provider or its licensors or subcontractors.
4. Feedback. If the Customers provides any feedback regarding the SnD-Platform or other products or services of the Provider, the Customer agrees that the Provider will be free to use such feedback for any purpose, including to improve the SnD-Platform and other products or services of the Provider, and to develop new products and services.
Warranty and Liability
1. No Warranties. The SnD-Platform is provided by the Provider without any warranty of any kind, express or implied, including but not limited any warranty to merchantability, fitness for a particular purpose, security, confidentiality or noninfringement. The Provider especially does not warrant anything regarding the Verification Service.
2. Limitation of Liability. The liability of the Provider in connection with the Agreement is excluded to the extent possible by applicable law, especially the liability for slight negligence and auxiliary persons is excluded. The Provider is not liable for any damages arising at the Customer or third parties in connection with Data verified through Verification Service..
3. Indemnification. To the extent permitted by applicable law, the Customer will indemnify, hold harmless and defend at its expense, the Provider from any and all third party claims, actions, proceedings, and suits brought against the Provider or its representatives, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including reasonable attorneys' fees and other litigation expenses), arising out of or relating to: (a) the Customer’s breach of these Terms of Service; or (b) the Customer’s use of the SnD-Platform; or (c) violation of applicable laws by the Customer; or (d) any third party Intellectual Property Rights or privacy rights in connection with the SnD-Platform; or (e) Data that is uploaded, transmitted, stored, or otherwise processed by the Customer or on its behalf in connection with the SnD-Platform.
4. Data Loss. The Provider is not obliged to provide the Customer any copies of Data in case the Customer loses its Data.
5. Intellectual Property. The Customer shall not infringe the intellectual property rights of the Provider or of any third parties. The Customer expressly agrees to defend, hold harmless and indemnify the Provider against any claim, demand, suit or proceeding made or brought against the Provider by any third party alleging that the Data or use of the Data infringes any intellectual property rights of a third party, or violates any applicable laws or regulations. The Customer agrees to a) promptly give the Provider written notice of any such claim, demand, suit or proceeding; and b) give the Provider sufficient control to defend and settle such claim, demand, suit or proceeding (provided that the Customer may not settle any claim, demand, suit or proceeding itself and the settlement unconditionally releases the Provider from all liability).
Termination
1. General. Both parties may terminate the Agreement and these Terms of Service according to the subscription term defined by the Provider or chosen by the Customer in its account or when registering for the SnD-Platform. If no subscription term is defined both parties may terminate these Terms of Service at any time by notice to other party or by deleting the account.
2. Extraordinary termination. The Provider may terminate the Customer’s right of use or these Terms of Service if the Provider determines in its sole discretion that the Customer is in breach of the Terms of Service or that the Customer’s use of the SnD-Platform poses a security or legal risk to the Provider.
3. Consequences.Upon termination of these Terms of Service, all rights and licenses granted to the Customer by the Provider under these Terms of Service will immediately terminate, and the Customer will immediately cease use of the SnD-Platform. Following termination of Terms of Service, the Provider reserves the right to delete Data and has no obligation to store Data, provided that the Provider may retain Data as required to comply with applicable laws.
General Provisions
1. Consumer Laws. These Terms of Service do not restrict any rights granted to the Customer by mandatory consumer protection laws in its jurisdiction. However, the Customer agrees that these Terms of Service and such laws should be interpreted in a manner that allows for maximum compatibility.
2. Amendments. The Provider may amend or change these Terms of Service at any time. Amended Terms of Service are valid as soon as published by the Provider on its website.
3. Assignment. Neither party may assign or otherwise transfer this Agreement, or any of a party’s rights or obligations under this Agreement, to any third party without the other party’s prior written consent, which consent must not be unreasonably withheld, delayed or conditioned; provided, however, that the Provider may assign or otherwise transfer this Agreement, (a) to a successor-in-interest in connection with a merger, acquisition, reorganization, a sale of all or substantially all of its assets, or other change of control, or (b) to an affiliate.
4. No Partnership. Nothing in the Agreement is intended nor shall be deemed to create any partnership, agency or joint venture relationship by or between the parties.
5. No Third Party Beneficiaries. These Terms of Service are intended for the benefit of the parties and their respective permitted successors and permitted assigns, and are not for the benefit of, nor may any provision of these Terms of Service be enforced by, any other person or entity.
6. Waiver. The Provider’s failure to enforce any right or provision of these Terms of Service will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of the Provider. Except as expressly set forth in these Terms of Service, the exercise by either party of any of its remedies under these Terms of Service will be without prejudice to its other remedies under these Terms of Service or otherwise.
7. Severability. Should any part or provision of this Agreement be held to be invalid or unenforceable, the other provisions of this Agreement will nonetheless remain valid. In this case, the invalid or unenforceable provisions shall be replaced by a substitute provision that best reflects the economic intentions of the parties.
8. Applicable Law. The Agreement and all claims arising out of, or in connection with, this Agreement (including all claims arising out of contract, tort, or unjust enrichment) are in all respects governed, construed, and enforced according to the substantive laws of Switzerland (excluding the Vienna Sales Convention and international conflict laws).
9. Jurisdiction. The courts at the registered seat of the Provider have exclusive jurisdiction for any and all disputes arising out of or in connection with this Agreement.

Appendix: Data Processing Agreement

Introduction

The Company (as defined in the Main Contract) provides software services to the Customer (as defined in the Main Contract). The rights and obligations of the parties in this regard are set out in the Terms of Service and/or a separate agreement (hereinafter collectively referred to as the Main Contract).

This data processing agreement (DPA) specifies the data protection obligations of the parties arising in connection with the Main Contract.
Against this background, the parties agree the following:

Scope
1. Scope of the DPA
  This DPA shall apply to all activities related to the Main Contract in which the Company or its employees or third parties mandated by the Company process personal data for the Customer.
  The processing of personal data in accordance with this DPA is carried out in accordance with the Swiss Data Protection Act of September 25, 2020 (DSG) and, if applicable, the European General Data Protection Regulation (GDPR).
2. Subject, nature and purpose of the processing
  The Company shall process personal data in accordance with the provisions of the Main Contract. The object of the processing is the processing of personal data within the scope of the Main Contract.
  In particular, the following types of personal data are processed: Surname, first name, e-mail address, age, gender, profession, photo description of skills, description of projects etc.; payment and billing information; all information from third party applications which are added to our platform by the users and which may include personal data.
  In particular, the following categories of data subjects are affected: Employees and other auxiliary persons including consultants of the Customer.
  The purpose of the processing is the fulfillment of the Main Contract.
Duration and place of processing
1. Duration
  The processing of personal data lasts as long as provided for in the Main Contract.
2. Location
  The place of processing of personal data in accordance with this DPA is generally in Switzerland and the European Union.
  In addition, personal data may also be processed in countries with an adequate level of protection in accordance with Art. 16 para. 1 DSG (or Art. 45 GDPR). If personal data is processed in a country without the corresponding protection pursuant to Art. 16 para. 1 DSG (or Art. 45 GDPR), the Company shall ensure that a guarantee pursuant to Art. 16 para. 2 DSG (or Art. 46 et seq. GDPR) is in place for the corresponding processing.
  The servers used by the Company to store personal data in accordance with this DPA are located in Switzerland and Germany. Processing in other countries takes place, for example, when using external services, which take place via servers in other countries.
Sub Processors
1. Mandating of sub processors
  The Customer agrees that the Company may mandate sub processors to fulfill obligations arising from the Main Contract and this DPA and may grant them access to the personal data in accordance with this DPA.
  The Company shall carefully select the sub processors, taking into account the suitability of the technical and organizational measures taken by the sub processors.
  Further sub-subcontracting by the sub processors etc. is permitted subject to compliance with the provisions of this DPA.
  Insofar as the GDPR is applicable, the Company shall notify the Customer of any intended change to a sub-processor, giving the Customer the opportunity to object.
2. Obligation of the sub processor
  The Company must ensure that the sub processors comply with the requirements regarding data security in accordance with the DSG and GDPR. Insofar as the GDPR is applicable, the Company must conclude a written DPA (documented in the original or in electronic format).
3. Place of processing by sub processors
  With regard to the place of data processing by sub processors, section 2.2 above is applicable.
Obligations of the Company
1. Confidentiality
  The Company undertakes to ensure that all persons entrusted with the processing of personal data, are bound to confidentiality or are subject to an appropriate statutory duty of confidentiality.
2. Technical and organizational measures
  The Company undertakes that it has taken and maintains all necessary technical and organizational measures to ensure data security in accordance with the applicable data protection regulations (Art. 8 FADP and Art. 32 GDPR) in order to prevent unauthorized processing, loss or damage to personal data.
3. Obligation to provide support
  The Company is obliged to support the Customer upon request in complying with the applicable data protection regulations, taking into account the information available to it and to the extent possible with reasonable effort (in particular in reporting any breaches of data security to the competent authorities and claims for information by data subjects).
4. Duty to inform
  The Company undertakes to notify the Customer in the event of a) a breach of data security and/or the applicable data protection regulations in connection with this DPA, b) requests from data subjects in connection with the processing of personal data in accordance with this DPA, or c) the existence of any requests for access and actual access to personal data by authorities, unless such notification is prohibited by law. If the GDPR is applicable, the Company must also inform the Customer if it is of the opinion that an instruction violates the GDPR.
5. Return and deletion
  The Company undertakes to a) return all personal data to the Customer after termination of this DPA, subject to statutory retention obligations, in accordance with the Customer's instructions, or b) delete it without retaining a copy, and to confirm the deletion to the Customer accordingly. Statutory retention obligations remain reserved.
Rights and obligations of the Customer
1. Right to issue instructions
  The Company undertakes to process the personal data exclusively for the purposes of the Main Contract, this DPA and the instructions of the Customer.
  The Customer acknowledges that, in case of Customer's instructions (e.g. to delete certain personal data), the Company's performance obligations under the Main Contract may no longer be completely fulfilled.
2. Right of control
  The Customer shall have the right to satisfy itself of compliance with the provisions on data protection and this DPA to a reasonable extent. With regard to costs, clause 6.1 is applicable.
3. Duties as controller
  Within the scope of this DPA, the Customer is responsible for compliance with the statutory data protection provisions in its role as controller, in particular for the lawfulness of the transfer of data to the Company, for the lawfulness of data processing and for safeguarding the rights of data subjects. The Customer is responsible for the reporting obligations under data protection law.
  The Customer shall inform the Company immediately and in full if it discovers any errors or irregularities with regard to data protection provisions in connection with this Agreement.
Final provisions
1. Assumption of costs
  The Customer shall compensate the Company for all expenses incurred in connection with the performance of duties under this DPA at the hourly rates customary in the industry (excl. VAT).
  The regulation pursuant to this clause 6.1 shall apply to all obligations of the Company arising from this DPA, unless another cost regulation has been explicitly agreed.
2. Duration, termination, amendment
  The start and duration of this DPA corresponds to the start and duration of the Main Contract. This DPA ends automatically upon termination of the Main Contract.
  The DPA may be terminated by the parties at any time in accordance with the formal requirements set out in section 6.5 by mutual agreement.
3. Liability
  Both parties are liable to the persons concerned in accordance with the statutory provisions.
4. Trade secrets
  Both parties are obliged to keep all knowledge of business secrets and data security measures of the other party obtained within the scope of the contractual relationship strictly confidential during the term of the DPA and after termination of the DPA.
5. Form and notifications
  Regarding form and notifications the provisions of the Main Contract apply.
6. Severability clause
  Should provisions of this DPA be or become invalid, this shall not affect the validity of the remainder of this DPA. In such a case, the parties shall reach an agreement to replace the provision in question with a valid provision that is as close as possible to the economic intent of the invalid provision.
7. Applicable law and place of jurisdiction
  The DPA shall be governed by Swiss law to the exclusion of the conflict of laws rules. The exclusive place of jurisdiction shall be at the place of the Company's registered office.