These GTCs apply to all services that Silenccio AG (hereinafter referred to as ‘Silenccio’) offers and provides at cyberpreventionservices.axa.ch/en and cyberpreventionservicesapp.axa.ch/en.
Silenccio endeavours to provide its services 24/7 with minimal disruption. Liability for consequences arising from temporary interruption of platform access is excluded in accordance with Section 8 below.
Unless explicitly agreed otherwise or clearly evident, all contracts between Silenccio and the client constitute service agreements.
Clients must register online to use the services. Registration is personal and non-transferable.
Registration is available exclusively to natural and legal persons with full legal capacity. The information provided during registration must be complete and accurate, and shall fundamentally include the following mandatory details: company name, email address, full first name and last name of the registering employee, including their title and role within the company, full postal address of the company and a current mobile phone number. The client must specify a password that is not attributable to it personally.
Should registered data change, the client is obligated to update this information immediately within its personal user account, so that all details remain complete and accurate at all times.
The client must treat personal access credentials as confidential, access must not be granted to third parties, and access credentials may not be disclosed to third parties. Silenccio cannot be held liable should damage arise from misuse or unauthorised disclosure of access credentials.
Companies domiciled outside of Switzerland cannot use Silenccio’s services.
The use of mechanisms, software or other scripts that could disrupt the proper operation of the website is prohibited. Clients may not implement measures that could result in an unreasonable or excessive burden on the infrastructure. Clients are prohibited from blocking, overwriting or modifying content generated by Silenccio, or otherwise interfering with Silenccio’s websites, particularly cyberpreventionservices.axa.ch/en and cyberpreventionservicesapp.axa.ch/en.
For security awareness training, the client’s employees who are to complete the learning content do not need to register themselves. However, the client records on the platform the last name, first name, email address and preferred language of the employees to receive training. The employees receive a personalised link providing access to the training modules selected by the client to complete the training.
Services are accessed exclusively through Silenccio at cyberpreventionservicesapp.axa.ch/en.
Once registration is complete, the client receives confirmation of registration. The contract with the client is concluded when Silenccio sends the registration confirmation.
If the client is using the 60-day free version (where available for the relevant service offered), only a fixed-term contract is concluded, so the contract does not renew automatically. Continued use only becomes payable when the client initiates renewal.
If the client subscribes to paid services in addition to the services that Silenccio provides free of charge, usage fees for the paid services shall fall due for payment immediately when the relevant selection is made. After making payment, the client receives email confirmation for the selected services, including the associated payment receipt.
The paid contract concluded by and between Silenccio and the client applies to the minimum contract term specified for each respective service. Once this minimum contract term has elapsed, the contract renews automatically for a subsequent corresponding period. A fixed-term contract for using the 60-day free version does not renew automatically. Additional contracts comprising exclusively free Silenccio services expire when cancelled or if the contract end date is reached without a paid contract being concluded.
Should it be determined after payment is made that a service cannot be provided, Silenccio may cancel the relevant order either in whole or in part, or withdraw from the contract.
The use of training courses under the security awareness training service is restricted to employees that the client has registered on the platform, to booked modules and to the selected duration. The licences purchased for use of the security awareness training are purchased for a specific number of employees and may be extended at any time.
Each employee is assigned a unique identifier (UID) for identification purposes. Sharing of the UID-based link to allow any person other than the registered employee to access the training courses is prohibited.
The training courses under the security awareness training service are intended exclusively for use by the client’s registered company employees. Training courses may not be altered, reproduced, copied or shared without Silenccio’s explicit written consent. Copyrights to the training courses are expressly reserved. Separate licensing and copyright provisions issued by the respective manufacturer may additionally apply to training courses whose content Silenccio obtains from third parties and provides or delivers to the client.
The contractual relationship for any selected service may be terminated at any time at cyberpreventionservicesapp.axa.ch/en/profile by clicking on the ‘CANCEL’ button prior to the next automatic renewal. Termination is effective at the end of that renewal period. Pro rata refunds on usage fees shall not be issued on termination.
Silenccio confirms termination by sending an email to the email address stored in the user profile, specifying the last date on which the services can be used. Once the usage period has elapsed, account access is blocked and data is deleted 30 days after termination of the contract. The client is responsible for ensuring that any data still required (e.g. security assessment results) is stored outside of the platform before the contract expires.
Silenccio is likewise entitled to terminate the contractual relationship at any time. Clients whose contractual relationship has been terminated by Silenccio may only re-register with Silenccio’s prior consent, regardless of whether doing so under their own name or someone else’s.
The prices are published on the website cyberpreventionservices.axa.ch/en and are binding. Silenccio reserves the right to change pricing plans. Price adjustments shall be communicated to the client well in advance, giving it the opportunity to cancel before changes take effect.
Claims for damages arising from impossibility of performance, breach of contract, culpa in contrahendo or tort that are asserted against Silenccio are excluded, unless Silenccio has acted with intent or gross negligence. Silenccio’s liability for indirect damages and consequential damages resulting from defective performance or performance failure is excluded.
The client acknowledges that collaboration with Silenccio generally, and use of the services that it offers specifically, can never guarantee that the client or the client’s computer systems shall not experience any failures, disruptions, data loss, data theft, data manipulation or other undesirable conditions or events. Silenccio is liable exclusively for guarantees explicitly and contractually specified in writing between Silenccio and the client.
Silenccio may modify, restrict or discontinue the scope of functionalities offered at cyberpreventionservicesapp.axa.ch/en at any time. cyberpreventionservicesapp.axa.ch/en may be temporarily unavailable due to maintenance work. Silenccio cannot accept any liability for such circumstances.
Silenccio is particularly not liable for damages arising to clients due to the conduct of other clients or third parties in connection with the use or misuse of cyberpreventionservicesapp.axa.ch/en.
Silenccio’s privacy policy is updated from time to time and does not form part of the contract. The current version of the privacy policy can be found at: https://cyberpreventionservices.axa.ch/en/privacy-policy/.
Registration data may be evaluated and used for marketing and promotional purposes.
Silenccio processes a client’s personal data fundamentally for as long as is necessary or appropriate for compliance with applicable laws, or for as long as is required for the purposes for which it was collected. Silenccio fundamentally deletes personal data once it is no longer required and, in any case, once the legally prescribed maximum retention period has elapsed.
Once the paid contract term has elapsed, or if you use a 60-day free version and do not proactively renew the contract, Silenccio shall retain only your contact details (first name and last name, phone number, email address, gender / title) for contact and marketing purposes, particularly for sending emails. Contact details are stored and used for this purpose for five years. The client may have this data processing by Silenccio stopped early by either deleting its profile or unsubscribing from the mailing list.
Otherwise, the provisions set out in the privacy policy shall apply.
Silenccio reserves the right to transfer individual or all rights and obligations under these GTCs to a third party, or to have them exercised by a third party.
Silenccio holds all unrestricted proprietary and protective rights (e.g. copyright and trademark rights) to products, services, underlying software, documentation, Silenccio platforms and content that Silenccio creates for, processes for or makes available to the client (collectively referred to as: ‘Silenccio IP’). Silenccio may make third-party content available to the client (‘third-party IP’). The Silenccio IP and the third-party IP together constitute the ‘IP’(intellectual property).
Silenccio grants the client a personal, non-exclusive and non-transferable right to use the IP in accordance with the contract for the term of the contract. The use and utilisation of the provided services and associated software is permitted only by the client itself, its employees and third parties majority-controlled by the client. Any other use of the IP without Silenccio’s prior written consent is prohibited, namely use for non-contractual purposes, disclosure of information and know-how to the public or other persons, use and utilisation by such persons and creation of printed or electronic media for distribution or sub-licensing in any form.
Where the client must observe additional third-party requirements regarding third-party IP, these shall be communicated appropriately.
The client is no longer entitled to use the IP following termination of the contract.
The proprietary and protective rights attributable to any support partners and data suppliers that Silenccio and third parties engage(s) remain reserved.
Swiss law applies exclusively. The place of jurisdiction is at Silenccio’s registered office in Zurich.
Should one or more provisions set out in this contract be or become invalid due to statutory provisions or contradictory content, this shall not affect the validity of the remaining provisions, particularly those set out in this section.
Silenccio reserves the right to make unilateral modifications to these GTCs. Adjustments or amendments shall be communicated to the client appropriately and become valid provided that the client does not object within 14 days of receiving the modifications.
The current version of the GTCs is published at cyberpreventionservicesapp.axa.ch/en/gtcs