Data Terms and Conditions

Data TC

GENERAL DATA USE AGREEMENT / TERMS & CONDITIONS

Parties:
Atexxa Group AG, Alpenstrasse 16, 6300 Zug, Switzerland (“Atexxa”), and
[Name of Data User/Organization], with registered office at [full address] (“User”).

  1. Definitions

Data Samples: datasets owned by Atexxa or sourced via Broker Data Agreements with third parties—made available only for demonstration, non-commercial, and non-production use. Atexxa retains all ownership and intellectual property rights.

Agreement: this document, including any exhibits or schedules.
GDPR: EU Regulation 2016/679 and applicable Swiss data protection law equivalents.

  1. Purpose & Scope of License
  • Atexxa grants User a limited, non‑exclusive, non‑transferable license to use Data Samples solely for demonstration purposes, strictly non-commercial and non-production. Any other use is prohibited without a separate agreement.
  • No rights of ownership or reproduction are granted; Atexxa retains full IP ownership and may revoke access at any time.
  1. Permitted Use & Restrictions

User shall not, without prior written approval from Atexxa:

  • Use Data Samples for any profit-making activities or in live production systems
  • Disclose, distribute, sublicense, or transfer Data Samples or derivatives
  • Reverse-engineer or derive new datasets for unauthorized purposes
  • Bypass or disable Atexxa’s protective or encryption mechanisms

Any expanded use requires a separate written agreement.

  1. Confidentiality & Sub‑Processing
  • User must maintain Data Samples as strictly confidential, applying robust technical and organisational safeguards, including encryption and access controls.
  • User shall require any agents or subcontractors with access to adhere to the same restrictions and liability obligations.
  1. Data Protection & Security Measures
  • Both parties commit to comply with GDPR and Swiss privacy laws.
  • Atexxa employs industry-standard security protocols, including encryption in transit and at rest, secure storage, and access logging.
  1. Breach Notification & Data Subject Rights
  • User must promptly notify Atexxa of any data breach or unauthorized disclosure involving Data Samples.
  • User will collaborate with Atexxa to address and mitigate any security incident.
  • If any data subject rights requests are received directly, User must refer them to Atexxa.
  1. Liability & Indemnification
  • User assumes full liability for misuse, non‑compliance or unauthorized use of the Data Samples.
  • Atexxa is not liable for indirect, incidental, or consequential damages, except in cases of gross negligence or willful misconduct.
  • User agrees to indemnify and hold harmless Atexxa against any losses arising from User’s breach or unauthorized use.
  1. Term & Termination
  • The Agreement becomes automatically effective as soon a user is able to access any Atexxa data sample, and remains valid unless terminated with 30 days’ written notice by either party.
  • Atexxa may terminate immediately, without notice, in case of confidentiality breach or violation of permitted use terms.
  1. Return or Destruction

Upon termination or expiry, User shall immediately return or securely destroy all Data Samples and copies. If destruction is infeasible, confidentiality obligations continue as long as data is retained.

  1. Force Majeure

Neither party is liable for delays or failures caused by events beyond reasonable control (e.g. natural disasters, cyberattacks, pandemics).

  1. Governing Law & Jurisdiction
  • This Agreement is governed by the laws of Switzerland.
  • Exclusive jurisdiction resides with the competent courts of Zug, Switzerland.
  1. Miscellaneous
  • This document constitutes the general agreement regarding Data Samples and supersedes prior understandings.
  • Amendments must be in writing and signed by both parties.
  • No assignment of rights or obligations is allowed without prior written consent.

If any provision is invalid, the remaining provisions remain enforceable.