Terms and Conditions of Use of Swisscom myCloud

1. Area of application

myCloud is a service provided by Swisscom which allows the customer to store photos, video clips and files in Switzerland. Using an application (iOS or Android) or web browser, the customer can store files on the cloud – which operates on Swisscom servers in Switzerland – and access them from any end device on which the application is installed or which has Internet access. Additionally, the myCloud app on Swisscom TV 2.0 allows customers to play some content on his/her TV. myCloud also allows the customer to share files with third parties.

myCloud is intended exclusively for private use; any industrial or commercial use is prohibited.

By using this service, the customer agrees to these Terms and Conditions as well as as the General Terms and Conditions of Services of Swisscom.

1.1 myCloud app

If the customer uses the service as an application from the iTunes Store, Google Play Store or another online provider, by downloading the app the customer confirms that he/she also accepts all of the terms and conditions of that provider concerning the acquisition of an application (e.g. iTunes Store, Google Play Store). A contractual relationship shall only exist between the customer and Swisscom with regard to the use of the Swisscom myCloud app downloaded from the app store. Although there is no contractual agreement between the customer and the online provider in connection with the downloaded app, the customer hereby grants the app store the right to legally enforce the provisions in this service description if necessary.

2. Term of contract and termination

This service is not subject to any minimum service period. The parties can terminate this Agreement at any time. The customer must contact the myCloud team in order to terminate and delete his/her account.This can be done by sending an email to my.cloud@swisscom.com.

3. Swisscom services

Using myCloud, the customer can securely store all of his/her photos, video clips and documents in one location. In particular, this makes it possible to view photos and videos in the app, online and on Swisscom TV 2.0. Files are easy to organise and share. The app can analyse uploaded photos and create new ways to display them, for example as intelligent albums (”themes”). The files are stored only at locations in Switzerland. The service is continuously being expanded; for a full, detailed overview of its functions please visit www.swisscom.ch/mycloud.

For technical reasons, it is not possible to upload files that are larger than 1 GB.

Accessing the application may incur costs depending on the connection; use abroad can incur roaming charges. Swisscom currently offers two different myCloud deals. Swisscom NATEL infinity customers receive free unlimited storage with their subscription. NATEL infinity contracts are not affected if the service is terminated or storage is limited.

All other customers benefit from 15 GB of free storage.

4. Duties of the customer

4.1 Requirements

The minimum requirement for the use of myCloud is a device with Internet access, be it a computer (Mac/PC) or a smartphone with the iOS or Android operating system.

4.2 Legally and contractually compliant use

The customer is responsible for the legally and contractually compliant use of the service. The following are considered unlawful or in violation of the contract:

  • Sharing any type of illegal or immoral content (e.g. third-party intellectual property rights with no legal or contractual grounds, content which violates personal rights, illegal content such as child pornography etc.);
  • Harassment or disturbance of third parties, as well as
  • Damaging or compromising the telecommunications infrastructure or the devices of third parties by uploading or sharing malicious software.

If there any indications of use that is unlawful or in violation of the contract, the customer undertakes to inform Swisscom of such usage.

The customer is responsible for the usage of his/her connections, including such usage by third parties.

5. Data protection

Swisscom does not encrypt the files. The customer is free to encrypt his/her own personal data. myCloud protects the personal information of the customer, including all of his/her personal data, exclusively in Switzerland. Only anonymised user data will be sent abroad to Adobe Analytics. The myCloud team is able to trace these user data back to the customer in order to make the overall experience possible and facilitate personal, accurate communication. All of this takes place in Switzerland. No customer data will be made available to third-party companies. By using myCloud, the customer agrees to the collection of his/her user data. The customer can easily unsubscribe from the myCloud newsletter at any time by sending an email to my.cloud@swisscom.com.

Imagga, the tool built into myCloud, analyses all photos added to myCloud and assigns them keywords in order to enable the myCloud customer to experience and organise his/her photos in a new way with intelligent albums (”themes”). Photos can only be assigned to geographical locations by disclosing each photo’s geodata to the map service provider. No personal data will be disclosed to third parties.

The customer acknowledges that, at the order of a public authority, Swisscom can be forced to provide access to its files and disclose personal data.

6. Fair Use Policy

The offer of unlimited storage on myCloud applies to normal private use, especially for photos, videos and files. If Swisscom discovers that the usage deviates significantly from what would be considered normal use, Swisscom reserves the right to cease or limit the provision of services or take other suitable steps. Possible steps include the following: Limiting the data volume that can be uploaded each month, limiting the size of files that can be uploaded, excluding certain file types from the upload service.

Cases of significant deviation from what could be considered normal use include the following, for example:

  • Storage of large quantities of high-definition videos
  • Storage of large quantities of uncompressed videos
  • Storage of large quantities of backups
  • More storage-intensive usage than 95% of other customers.

7. Misuse

Swisscom takes various steps to prevent and detect misuse. In particular, sharing activities are monitored using a range of key figures. If a customer damages or jeopardises the service or the systems of Swisscom or a third party, or if there are indications of conduct that is unlawful or in violation of the contract, especially involving the sharing of material protected by copyright (music, films, images), Swisscom can prompt the customer to use the service in a legally and contractually compliant fashion (the approach is analogous to the notice and take-down process in the Code of Conduct for Hosting of SIMSA), change, limit or cease the provision of the service with no prior notice or compensation, terminate the agreement with immediate effect without providing compensation, immediately block the account of the customer, prevent the uploading of illegal files and take other steps; additionally, Swisscom can demand compensation and indemnification against third-party claims if necessary.

8. Export control regulations

This software is subject to the export control regulations and other laws of the USA and may not be exported, re-exported or transferred to certain countries (currently Cuba, Iran, North Korea, Sudan, Crimea and Syria), persons or legal subjects who are prohibited from receiving exported goods from the USA (including (a) those on the Denied Persons List and the Entity List of the Bureau of Industry and Security and (b) those on the Specially Designated Nationals and Blocked Persons List of the Office of Foreign Assets Control).

March 2016