General Terms and Conditions (AGB – Allgemeine Geschäftsbedingungen)

Last update: 2025-08-24.

Genomic Vault by Switzerland Omics

1. Definitions

Supplier means Switzerland Omics, operator of Genomic Vault.
Service means Genomic Vault secure storage and controlled sharing of genomic data.
Customer means the individual or institution entering into this agreement.
Data means genome files, derived genomic outputs, metadata, and audit logs uploaded or generated in the course of using the Service.

2. Scope of application

These General Terms and Conditions apply to all contracts for the use of Genomic Vault between the Supplier and the Customer. They form part of the agreement upon acceptance during account registration or contract execution.

3. Service description

The Supplier provides the Customer with secure storage of genomic data and associated outputs, controlled sharing mechanisms defined and authorised by the Customer, and audit logging of access and sharing events.
The Service is not a diagnostic or therapeutic service. The Supplier does not provide medical advice, interpretation, or treatment recommendations.

4. Customer obligations

The Customer undertakes to use the Service only in compliance with applicable law, to obtain all necessary consents before uploading genomic data relating to third parties, to ensure that uploaded data do not infringe third party rights, to maintain the confidentiality of access credentials, and to inform the Supplier immediately of any suspected misuse of accounts.

5. Supplier obligations

The Supplier undertakes to provide the Service with reasonable skill and care, to apply appropriate technical and organisational measures to protect Data in line with revDSG and, where applicable, GDPR, to maintain audit logs of access and sharing, and to notify Customers of security incidents where legally required.

6. Data protection

The Supplier processes Data in accordance with the Swiss Federal Act on Data Protection (revDSG, SR 235.1) and, where applicable, the EU GDPR (2016/679).
The Supplier acts as data processor when providing services under instruction of an institutional controller, and as data controller for individual accounts limited to processing necessary to provide the Service.
The Supplier does not use Customer Data for marketing or unrelated purposes.

7. Court orders and your rights

We comply with valid Swiss court orders. Outside of such orders, you may delete or revoke access to your data at any time. We will not voluntarily share your data with third parties.

8. Fees and payment

Where applicable, fees for the Service are charged according to the price list in effect at the time of contract. Invoices are payable within 30 days unless otherwise agreed. The Supplier may suspend access to the Service in case of delayed payment.

9. Liability

The Supplier excludes liability for indirect, consequential, or incidental damages. Direct liability is limited to the amount paid by the Customer for the Service in the twelve months preceding the claim. The Supplier is not liable for clinical, medical, or diagnostic use of the Service.

10. Term and termination

The contract is concluded for an indefinite period unless otherwise agreed. Either party may terminate with 30 days’ notice. Upon termination, Customer Data will be deleted or returned, with backups securely destroyed after the retention period.

11. Intellectual property

All intellectual property rights in the Service, software, and documentation remain with the Supplier. The Customer receives a limited right to use the Service for the duration of the contract.

12. Governing law and jurisdiction

This Agreement is governed by Swiss law. The place of jurisdiction is Zurich, Switzerland.

13. Diagnostic disclaimer

The Service is not accredited for diagnostic or medical use. It is not intended to provide medical advice, diagnosis, or treatment. Any use of the Service for clinical or diagnostic purposes lies outside the scope of this Agreement.

14. Final provisions

If any provision of this Agreement is held invalid, the remaining provisions remain unaffected. Amendments require written form. The Supplier reserves the right to update these Terms, with notice to the Customer.