Special terms and conditions for Kivra’s signing service
Valid as of 25 May 2018 and onwards.
In case of any inconsistencies between the Swedish and the English version of these "Special terms and conditions for Kivra’s signing service", the Swedish version shall take precedence.
1. Generally about the service
These special terms and conditions apply when Kivra Sverige AB, reg. no. 556917-3544, or another company within the same group as Kivra Sverige AB ("Kivra"/"We"/"Us") provides an opportunity for you as an existing user at Kivra (the “User"/"You") to be able to digitally sign contracts, confirmations, acknowledgments, agreements, power of attorneys and other documents ("Documents") through a special function and service in Kivra digitally by signing with Mobile BankID ("the Signing Service"). The Signing Service is provided in logged-in mode in your digital mailbox in Kivra. In order to use the Signing Service, it is required that you log in to your account with Kivra and have a Mobile BankID.
These terms and conditions (the “Terms”) apply in addition to Kivra’s General Terms and Conditions for the Service ("General Terms") that you approved in connection with the activation of your digital mailbox in Kivra. The Terms apply when you use the Signing Service.
Before you as a User can start using the Signing Service, you must read and accept the Terms.
Users undertake to comply with the Terms and any other rules and instructions that Kivra publishes from time to time via the Signing Service.
The User undertakes to comply with the requirements set by the issuer of Mobile BankID, which means, for example, to protect his or her Mobile BankID and associated password.
The features that may be utilized from time to time via the Signing Service may vary over time in scope and design. Kivra reserves the right to continuously develop, extend, limit or otherwise change the design of the service, technical functions, systems and other components and the terms and conditions thereof. The content and terms and conditions that apply to the Signing Service at any given time are always notified to the User for his or her decision when using the Signing Service.
2. Use of the Signing Service
To sign a Document with the Signing Service, as a first step, a User must follow the instructions applicable at any given time to create a new signable document ("Signature Case"), see information here. As part of the creation of a Signature Case, the User who creates the case shall state the information that is requested at any time in the Signing Service regarding the individual(s) who will sign the Document digitally via Kivra's Signing Service ("Signatories"). Such information includes personal identity number, email address and telephone number.
When the Signature Case has been created, the Document uploaded by the User in the Signature Case is made available to the Signatories that the User has stated shall sign the Document in the Signature Case.
For a Signatory who is a User in Kivra, the Document is made available in the inbox for the User's Kivra and the User is notified with Kivra's usual means of notification of new letters in accordance with the General Terms.
For Signatory who is not a User in Kivra at the time of creation of the Signature Case, an invitation is sent to the registered contact details about creating an account in Kivra in order to be able to access and sign the Document digitally. This is provided that the User who created the Signature Case has registered correct contact details to the Signatory. If the invited Signatory does not create an account in Kivra, the Document cannot be signed by the Signatory through the Signing Service.
Signatory who is notified that he/she has a Document available for signing in Kivra's Signing Service can log in to his/her account in Kivra to take part of and sign the Document by following the instructions for signing applicable from time to time. Signing is done with the Signatory's Mobile BankID.
Documents are available to the Signatory(ies) for signing for 30 days after the Document was created by the User.
When all Signatories have signed a Document through the Signing Service and the completion of the Document has been confirmed by the Signing Service, the Signatories are obliged and entitled in accordance with any agreements in the Document. However, Kivra is never responsible for nor can monitor whether the Signatories comply with any obligations in the signed Documents.
If a need arises for the Signatories to prove the signature of the Document, the Signatory may take part of, and if necessary, print the Document and the signing log available in the Signing Service. The signing log contains cryptographic information that can be used to ensure the integrity of the signed Document and validate digital signatures.
If a dispute arises between the Signatories as a result of a Document created through the Signing Service, Kivra has no responsibility or obligation with regard to any such disagreement. However, Kivra's customer service is available as usual to assist the Signatories with login to Kivra, finding and signing Documents and otherwise using the functions available through the Signing Service and Kivra's other services.
3. Prices and fees
The applicable price for the Signing Service is the price that is stated at all times in the information provided to you in connection with your acceptance of the Terms for using the Signing Service.
The User is responsible for communication and subscription fees as well as any other costs for necessary equipment.
4. Processing of personal data
In order to provide the Signing Service to you, Kivra needs to collect and process certain personal data about You in accordance with the information about Kivra's processing of personal data which You find here. It is important that You read the information and ensure that You agree with how we process Your personal data. If You do not want the personal data to be processed in the manner described in the information, or You want the data to be deleted, You must unregister from the Signing Service.You can feel confident that Kivra always takes the utmost account of your privacy and handles your personal data with great caution and care.
5. Communication to Signatories and storing of Documents
An important prerequisite for Kivra to be able to provide the Signing Service is that Kivra can communicate with and share relevant information to the individuals who are Signatories in a particular Signature Case. Kivra will provide information to the Signatories specified for a particular Signature Case to the extent necessary to enable them to: 1. take part of and review the Document; 2. take part of information of any other Signatories' identity and status of their signature of the Document; 3. be kept updated on the status of the Document such as whether it was signed or not signed; and 4. be able to review and manage the Signature Case and take part of the signing log.
Documents uploaded in Kivra, whether signed or not, are stored on behalf of the User and will only be deleted when Kivra, through functionality in the service, receives an order from the User to delete the Document. Documents and associated data are permanently deleted only after a maximum of 52 days from receipt of an order for deletion.
Signature data for a signed Document is stored by Kivra even after a Document has been deleted in case a User or Signatory needs to be able to produce evidence of Documents signed through the Signing Service. Authorized to request such evidence data from Kivra are the Signatories who are a party to the current Signature Case. Such data cannot be deleted by Kivra but stored for evidentiary purposes as a security for the Signatories and as part of Kivra's compliance with the Terms. Kivra's legal basis for processing the data is thus the fulfillment of the Terms (contractual basis). A Signatory cannot individually request that Kivra delete such signing data.
Deletion of a Document is reflected only for the User who ordered deletion in his/her account in Kivra and not for any other Signatories of the Document. Thus, a Document is completely deleted, including the signing date, only when all Signatories have individually deleted the Document. This is done no later than 52 days after the order for deletion is received.
6. Responsibilities of the User
Users who create a Signature Case and enter the personal identity number of relevant Signatories are responsible for verifying that these are authorized to receive and sign the current Document digitally in Kivra.
Users who create a Signature Case in particular certify that the receiving Signatory(ies) have agreed (in advance) to receive the current Document digitally in Kivra in order for the Document to be signed by the Signatory with Kivra's Signing Service. Users are responsible for the accuracy of the information provided by the User in connection with the creation of a new Signature Case and the use of the Signing Service, including any additional services.
Users are responsible for continuously updating their contact information in Kivra so that they are accurate. Kivra shall not be liable for any inconvenience or damage arising from the User having provided incorrect information when using the Signing Service and Kivra's other services.
The User certifies that he/she will not use the Signing Service for illegal purposes, to interfere with the Signing Service or to store/disseminate content that that infringes third-party rights or that may be perceived as offensive or disorderly, such as representations with hateful, threatening or pornographic content or that call for violent actions or agitation against an ethnic or national group.
It is the responsibility of the User to access and evaluate the accuracy, completeness and usefulness of the Documents, instructions and other information that the User obtains in connection with his/her use of the Signing Service.
7. Limitation of liability
Kivra has no responsibility for the content of, or the consequences of, the Documents that Users upload and sign in the Signing Service.
No instructions and no information from Kivra in connection with Your use of the Signing Service shall be interpreted as legal advice. Kivra disclaims all responsibility for ensuring that Documents signed through the Signing Service are valid or binding under the laws of a particular country, state or other jurisdiction. If You as a User wish to check the validity or enforceability of any Document that you are planning to sign or have already signed through the Signing Service, you should contact a qualified lawyer with relevant expertise.
8. Termination of the Signing Service
Kivra has the right to terminate the Signing Service for a User, in whole or in part, and to terminate the agreement for the User's use of Kivra's Services with immediate effect if the User has breached the General Terms, the Terms, instructions or agreements that apply to the Signing Service or for Kivra's Services in general. In case of criminal actions, Kivra will hand the case over to the police.