Service description

Version 1.4
Effective as of 1 March, 2017

1. Definitions

Users: Members of an organisation, in particular, employees and students, as well as guests who use the service.
Service: SWITCHvideoconf (hereinafter “the Service”) is a web service that enables communication in virtual conference rooms. The service can be found at https://www.switch.ch/videoconf.
Organisation: An organisation of the SWITCH Community that participates in the SWITCHaai Federation, or a SWITCHaai federation partner.
SWITCH community: The organisations in the field of education and research that are affiliated with SWITCH (in accordance with the appendix to the service regulations for services of SWITCH of November 24, 2016 or any subsequently amended version thereof).

2. Overview

The service provides users with a personal virtual room that is accessible via dedicated video conferencing end devices as well as via desktops and regular telephones. During a conference, video and audio and screen content, if applicable, are normally transferred and distributed to all participants.
In order to register, users must have a SWITCHaai account with an institution of the SWITCHaai federation.
The service has two types of users: registered users and guests.
Registered users are assigned a personal virtual room. They can use this room as a place in which to meet other persons (registered users or guests). Registered users are responsible for their personal virtual room and managing access to the same. An account with the SWITCHaai federation is required for purposes of registration.
Guests may dial into existing virtual rooms via the dial-in details on the invitation received from a registered user. Guests are not given personal virtual room to administer on their own.

3. Setup and access

Owners of a SWITCHaai account with "staff" or "faculty" affiliation have the right to register for SWITCHvideoconf, provided that their organisation has subscribed to the service. Organisations may have this right extended to all affiliations, but the service is offered and billed to them separately.
Access for purposes of administering the personal virtual room is also provided through SWITCHaai.
Users are assigned their personal virtual room at the time of initial registration.
The attributes received at that time are stored in the service, i.e., with SWITCH. The service may display certain attributes of registered users stored with SWITCH (in particular, name, e-mail address and organisation membership) across organisations for other registered users in order to facilitate invitation to virtual rooms via the auto-complete function.

4. Data protection

4.1 Usage data collection

SWITCH collects data regarding the use of the service by users. This is done on a per-organisation basis where possible. SWITCH provides the organisations with anonymised statistics regarding the use of SWITCHvideoconf.

4.2 Data processing by third parties

This service is based on infrastructure owned and operated by the "organisation européenne de la recherche nucléaire" (CERN) in Geneva, Switzerland. Therefore, certain user and usage data are accessible to CERN. SWITCH has made sure by an agreement with CERN that the data may only be processed by CERN like SWITCH would be allowed to. In particular, it has been agreed that this data cannot be made public or communicated by CERN to any other third party without the prior consent of SWITCH and that they can only be processed for support purposes and for the purpose of optimising the service. SWITCH has ensured that CERN guarantees the security of the data.

5. Instructions for registered users

Registered users are responsible for safeguarding the information utilised for the service (including but not limited to PINs and URLs) and ensuring that this information cannot be accessed by third parties now or in the future. Registered users are also responsible for all activities related to the use of their personal virtual room.
Furthermore, registered users are required to exercise care in administering their personal virtual room so as to ensure that the room administered by them is used only for the intended purpose and only by authorised users. Registered users must ensure that only authorised guests can dial into their room and that only authorised persons can exercise moderation rights in their room.
To that end, registered users are required, in particular, to take the following measures:
a) Set the PIN for the room: Whenever the registered user invites people to a conference in his virtual room, he assigns a number (PIN) that he includes in the invitation to the participants. The user is required to reset this PIN periodically, e.g. immediately after conferences. Furthermore, the PIN must be stored in a safe place and may only be disclosed to the recipients of the invitation. Any disclosure of the PIN to other persons is prohibited.
b) Room locking: After every conference, the registered user must lock up the room so that no unauthorised persons can dial into the same.
c) Set a moderator PIN: The registered user can set a number that enables persons who know the same to moderate the room or a conference, as the case may be ("moderator PIN"). The registered user is required to reset this moderator PIN periodically, e.g. immediately after conferences. Furthermore, the moderator PIN must be stored in a safe place and may only be disclosed to the moderator. Any disclosure of the moderator PIN to other persons is prohibited.

Registered users will not configure the Vidyo software on a desktop machine in such a way as to create an appliance configuration, meaning a computing device: (i) operated as a video conferencing endpoint with multiple users having the right to initiate video conferencing from such computer; and/or (ii) embedded in or bundled with other hardware to create a dedicated video conferencing appliance, and will only utilise the Vidyo software through the CERN platform.

6. Deletion of the Personal Virtual Room

Personal virtual rooms that are not used for a period of one year are automatically deleted by the system. In order to resume using the Service, the User must complete a new registration.

7. Legal Terms of Use

7.1 Applicable Terms and Conditions

The following provisions, as amended from time to time, apply to the use of the Service for the organisations and Users:
* For organisations of the SWITCH Community and for Users who are members of an organisation of the SWITCH Community: Service Regulations for Services of SWITCH;
* For all other Users: General Terms and Conditions for Services of SWITCH;
The scale of charges in effect from time to time (together with the features of the individual services) shall also apply to organisations of the SWITCH Community.
The provisions of the End User License Agreements (EULA) of the manufacturer Vidyo, available at http://www.vidyo.com/eula/, also apply to Users.
In case of discrepancies, this Service Description shall take precedence over the scale of charges, and the latter, in turn, shall take precedence over the Service Regulations, or the General Terms and Conditions, respectively.
SWITCH may modify the Service Description at any time. Any modification of the Service Description shall be duly reported to the Users and organisations and, barring opposition, shall take effect within 30 days from the date of notice of the modification.

7.2 Permitted Use

The Service may be used for holding video and telephone conferences. Furthermore, screen content may be presented or chats held – in a group or between two participants. The Service may be used both by registered Users – who invite the other participants – and by guests receiving these invitations (see definition of “Service” in section 1 above).
Any use of the Service is permitted only insofar as it does not result in any violation of this Service Description, the EULA of the software manufacturer (in accordance with section 7.1. above), the rights of third parties, or any applicable laws.

7.3 Unauthorised Use of the Service

The use of this service for military purposes is prohibited. Furthermore, Section 6.1. of the Service Regulations of 24 November 2016 and section 5 of the General Terms and Conditions for Services of SWITCH relate to the unauthorised use of the Service.
The organisations of which the infringing Users of the Service are members may be held responsible or fully liable, as the case may be, together with the Users, for all losses incurred by SWITCH or any third party as a result of the unauthorised use of the Service by its Users.
Upon first request by SWITCH, the organisation of which the infringing User is a member shall, at its own expense, defend against any and all claims brought by third parties against SWITCH in connection with the unauthorised use of the Service. The organisation of which the infringing User is a member shall assume jointly and severally the costs, licence fees, and/or liability for damages imposed on SWITCH by court order or settlement, insofar as SWITCH has informed the affected organisation in writing as regards the claim brought and has authorised the organisation, in accordance with the applicable procedural law, to conduct and settle the legal dispute, including by way of an in-court or out-of-court settlement.
Where there are reasonable grounds for presuming that the Service has been used in a manner contrary to law or the agreement, SWITCH reserves the right to delete the affected virtual rooms immediately and without prior notice to the affected Users or organisations and/or to block the affected registered Users temporarily or permanently, without the affected Users or organisations being entitled to any claims for compensation on account thereof.
Furthermore, in order to ensure proper operation, and even barring suspicion of improper use, SWITCH may at any time require the registered Users to reset their PIN, moderator PIN, and/or the URL of their virtual room and/or to lock up the room.
Users and their organisations are obligated to support SWITCH in investigating incidents of unauthorised use, the elements constituting the crime, and other loss events.
SWITCH furthermore reserves the right, in all cases where SWITCH is required by law or otherwise deems it appropriate to do so, to collaborate with the responsible government authorities and to provide them with all information necessary to prosecute the legal offences in question.

7.4 Warranty

Section 11 of the Service Regulations of 24 November 2016 and section 7.1 of the General Terms and Conditions for Services of SWITCH apply, in particular, to warranty issues.
The Service is generally available for use by the organisations 24 hours a day, seven days a week. Disruptions that have the effect of impairing the Service may result in an unexpected interruption. During its normal business hours, SWITCH shall undertake to initiate measures to remedy disruptions in the operation of the Service. The help desk may be reached during the times indicated for troubleshooting on the website https://www.switch.ch/videoconf. Depending on the urgency of the matter, SWITCH may take measures to maintain good service quality outside these times as well but is not obligated to do so.

7.5 Liability

SWITCH’s liability to the organisations is governed by section 12 of the Service Regulations of SWITCH or by section 10 of the General Terms and Conditions for Services of SWITCH, as the case may be. SWITCH shall not be liable in any way for the lawful use of the virtual rooms.
SWITCH waives any and all liability to Users and third parties except where this is prohibited by law.
The organisations and Users shall be jointly and severally liable to SWITCH to the extent permitted by law for losses incurred by SWITCH as a result of the unauthorised use of the Service, as well as for other indirect losses. This liability claim shall also remain in effect for the period in which the SWITCHaai account has potentially already been deleted but the one-year period of non-use has not yet expired.