End-user agreement for IEC National Committee for IEC Smart Beta and Pilot testing phases

You have chosen to access the API Portal in accordance with your agreement with your respective IEC National Committee (“NC”) as a part of its participation in the Beta and/or Pilot testing phases [1] of the IEC Smart programme.

Since IEC provides hosting and other services during the Beta and Pilot testing phases, you (“the End-user”) must also agree to abide by the following terms and conditions between you and the International Electrotechnical Commission (“IEC”). Please read this agreement carefully before you register for access to, or use, the API Portal.

1. General conditions

1.1 In accordance with your agreement with your respective NC, as mentioned above, you are being provided access to IEC data, tools, and intellectual property. Specifically during the Beta and/or Pilot testing phase of the IEC Smart programme, you may be given access to the IEC Smart White Label Application (“White Label App”), including any content derived therefrom, and/or the IEC application programming interface (“API”) Developers Portal (“API Portal”), including the IEC APIs themselves, (collectively and separately referred to as the “IEC Smart assets”).

1.2 IEC may change or update this agreement at any time by posting the newly versioned agreement on the respective platform and/or via email without notice. If such changes are unacceptable to you, you shall immediately cease access to, or use of, the IEC Smart assets. Your continued use of the IEC Smart assets will be deemed to be your acceptance of any such changes.

1.3 IEC may modify, suspend, partially or fully discontinue any aspect of the IEC Smart assets, including restricting your access to products (such as personal lists) or services offered therein at any time without liability to IEC. IEC may also impose limits on your access and/or use of any IEC Product (meaning IEC International Standard or other publication as well as National Adoptions thereof), in whole or in part, at any time, including requiring you to delete these upon written notice, without liability to IEC. Please note that such deletion would include any derivative works, including but not to limited to, personal lists, procurement documents, software, and compliance documents you have made using any IEC Product, unless otherwise agreed in writing.

1.4 In the absence of written notice from IEC under clause 1.3 requesting deletion, your continued use or storage of any IEC Product or any other product offered through the IEC Smart assets, must be in accordance with your agreement with your respective NC, which may limit your use to the terms of its testing of the IEC Smart assets.

1.5 For the applicable service levels for the White Label App provided by IEC during the Beta and/or Pilot phases, please refer to the below Annex 1.

If you have any difficulties understanding these services levels or any other term of this agreement, please contact:

Digital Transformation Office

IEC Secretariat

3, rue de Varembé, PO Box 131,

CH-1211 Geneva 20, Switzerland

Tel: +41 22 919 02 11 iec.digital@iec.ch

 

2. Safeguarding and Use Restrictions for IEC APIs (Only Applicable for End-Users of IEC APIs and the API Portal)

2.1 Your access to the IEC APIs is granted in your capacity as a customer with a contractual relationship with your respective IEC NC. It is on this basis, that you are granted a limited, non-exclusive, non-transferable, revocable license to access and/or use the API for testing and development purposes only.

2.2 No commercial use of IEC APIs is permitted whatsoever under this agreement during the Beta testing phase. For commercial conditions regarding use of the IEC APIs and API Portal during a Pilot phase, please refer to your agreement with your respective IEC NC or otherwise check with your IEC NC.

2.3 IEC safeguards the IEC APIs under applicable legal frameworks, including intellectual property law. You shall not copy, transfer, sell, license, lease, give, download, modify, publish, assign, transmit or otherwise reproduce, disclose, reverse engineer, decompile, disassemble, make available to others or create derivative works from the IEC APIs outside of any explicitly permitted uses explained on the through the API Portal or in accordance with your agreement with your respective NC, including any data related thereto.

2.4 Use of the APIs during the Beta phase, does not permit download of IEC Products in whole or in part, to create PDF or WORD documents, without written permission from IEC. For use conditions regarding the IEC APIs and API Portal during a Pilot phase, please refer to your agreement with your respective IEC NC or otherwise check with your IEC NC.

2.5 You shall not use IEC APIs in any manner that harms, disrupts, or interferes with the operation, security, or performance of the API Portal or any other IEC IT resource or service. Additionally, you shall note use the IEC APIs to transmit any malicious, fraudulent, or unlawful content, data, or code.

2.6 You shall not use the IEC APIs to circumvent any technical limitations, authentication mechanisms, or usage limits imposed by IEC.

3. Safeguarding and Use Restrictions for IEC White Label App (Only Applicable for End-Users of White Label App)

3.1 Your access to the White Label App is granted in your capacity as a customer with a contractual relationship with your respective IEC NC. It is on this basis, that you are granted a limited, non-exclusive, non-transferable, revocable license to access and/or use the White Label App, including any IEC Products available therein, for testing and development purposes only.

3.2 No commercial use of the White Label App whatsoever, including any data or document created through the White Label App, can be made during the Beta-Testing phase. For commercial conditions regarding use of the White Label App during a Pilot phase, please refer to your agreement with your respective IEC NC or otherwise check with your IEC NC.

3.3 IEC safeguards the White Label App under applicable legal frameworks, including intellectual property law. You shall not copy, transfer, sell, license, lend, lease, give, download, distribute, modify, publish, assign, transmit or otherwise reproduce, disclose, reverse engineer, decompile, disassemble, make available to others or create derivative works from the White Label App, including any data related thereto, without written permission from IEC.

3.4 Use of the White Label App during the Beta phase, does not permit download of IEC Products without written permission from IEC. For use conditions regarding the White Label App during a Pilot phase, please refer to your agreement with your respective IEC NC or otherwise check with your IEC NC.

3.5 For restrictions on the use of any documents or data created through the White Label App, please refer to clauses 1.3 and 1.4 above.

3.6 The commenting feature on the White Label App is strictly provided for the purpose of collecting feedback on the content of IEC Products. You agree that you shall not use the commenting feature for the purpose of advertising, marketing, or promoting any goods, services, or business. You also agree that you shall not post or distribute any content that is obscene, offensive, discriminatory, defamatory, harassing, or otherwise violates public order or decency. Finally, you agree that you shall not use the commenting feature to engage in any unlawful activities, including but not limited to activities that violate Swiss law, intellectual property rights, or any applicable international laws or regulations.

4. IEC Intellectual Property, Feedback and Use of Artificial Intelligence (AI)

4.1 Recalling the definition of IEC Products in clause 1.3 above, IEC Products have been made available to you, in whole and in part, during the Beta and/or Pilot phases, exclusively for the purpose of testing, verification, and improvement of the IEC Smart assets, including under the conditions of your agreement with your respective NC. No other use is permitted or guaranteed.

4.2 Your use of the IEC Smart assets is conditioned on your agreement to respect the copyright protection and other intellectual property rights held by IEC in respect of IEC Products and the IEC Smart assets. To the extent permitted by law, you shall not copy, imitate or resell any feature or aspect of the IEC Smart assets without written permission from IEC.

4.3 Nothing in this agreement shall be deemed to permit or licence you to use, modify or publish any trademarks, including any service or certification marks including any logos, of IEC or any IEC National Committee. This shall include any trademark or other proprietary rights in relation to IEC’s Conformity Assessment Systems or schemes.

4.4 IEC Products and APIs, as referred to in clause 2.3 above, are protected by copyright and other intellectual property rights pursuant to Swiss and international copyright laws. You shall not copy, transfer, sell, license, lend, lease, give, download, distribute, modify, publish, assign, transmit or otherwise reproduce, disclose, make available to others or create derivative works from IEC Products and APIs, or any portion thereof, without permission in writing from IEC or your IEC National Committee.

 4.5 Any feedback you give to IEC and its National Committees is done completely voluntarily and shall not be renumerated in any way. You agree that IEC and/or your respective IEC NC shall have the right to use, share and commercialize it without limitation. You must not give any feedback, in whole or in part, that is in anyway owned or licensed by a third-party. IEC and the IEC National Committees are in no way obligated to use, publish, or credit your feedback.

4.6 You shall not, and shall not permit others to, introduce and/or otherwise use IEC Products, data or any other intellectual property associated with them, in any manner in AI technologies whether through publicly available AI tools or privately licensed AI tools, without permission in writing from IEC or your IEC National Committee. 

4.7 In the case of violation of this agreement and/or infringement of any IEC intellectual property held in the IEC Products and IEC Smart assets, IEC, as well as your respective NC, reserve all rights and enforcement thereof, against you as well as any relevant third-party.

5. Personal Data Protection

5.1 IEC monitors and records all access to the IEC Smart assets, including for purposes of ensuring respect of this agreement. You shall safeguard your account details as confidential from any other person, including other permitted users.

5.2 Your use of the IEC Smart assets is conditioned on the acceptance of the IEC Privacy Notice for Testing White Label Application and API Developers Portal. Your access to the White Label App may also subject to the IEC’s cookie notice.

5.3 Finally, given that your use of the IEC Smart assets is also governed by your agreement with your respective NC, please refer to said agreement or to your IEC National Committee for any further conditions or applicable privacy notices.

6 Representation and Warranties

6.1 Your use and access of the IEC Smart assets, including any features or data, are provided “as-is" without warranty of any kind, either expressed or implied. This includes, but is not limited to, warranties of merchantability, fitness for a particular purpose and noninfringement.

6.2 IEC, including its National Committees, Officers, employees, agents, and any other contractor, shall not be liable for any delays, inaccuracies, errors or omissions in any IEC Product or other product offered or sold through IEC Smart assets, including the IEC Smart assets themselves, or the provision thereof through the IEC Smart assets, including in the transmission or delivery of all or any part thereof, or for any damages arising therefrom. Furthermore, IEC takes no responsibility for, and will not assume liability, for any damages arising from or related to use, including any interpretation or implementation of IEC Products or other products offered or sold through IEC Smart assets, including the IEC Smart assets themselves.

6.3 IEC will not be liable for any delays, inaccuracies, errors or omissions in any verified or unverified [2] identification, tagging, cataloguing, description, or any other characteristic of IEC Products such as their text, provisions, definitions, and references made accessible or discernible through the IEC Smart assets, as well as the IEC APIs themselves. This limitation of liability shall also cover any transmission or delivery of all, or any part thereof, of IEC Smart assets and for any damages arising therefrom. Furthermore, IEC, including its National Committees, Officers, employees, agents, and any other contractor, takes no responsibility for, and will not assume liability, for any damages arising from or related to use, including any interpretation, implementation or use of IEC Products and of IEC Smart assets.

6.4 You expressly acknowledge and agree that your reference to any IEC Products, in whole or in part, including any IEC Smart content, as defined in clause 6.3, shall not be without reference to the respective IEC International Standard(s) or other publication, including any National Adoption thereof. Only the entire text of the respective International Standard(s) or other publication, including any National Adoption thereof, shall be considered authoritative.

6.5 Furthermore, no aspects of the IEC Smart assets shall be considered to be advice, instructions, interpretation, including as referred to in clause 6.2 above, or any other form of reliance or assurance for compliance or implementation of IEC Products, to you.

7 Payment, Invoicing, Returns, and Taxes (during Pilot Phase Only)

7.1 Your use of the IEC Smart assets shall be subject to commercial conditions as established by your respective IEC National Committee. Please refer to your agreement with your respective IEC NC or otherwise check with your IEC NC.

7.2 Any applicable invoicing shall be handled directly by your National Committee.

7.3 Any applicable returns policy shall be handled directly by your National Committee.

7.3 No taxes / VAT are charged by IEC for orders placed outside of Switzerland and Liechtenstein. Local taxes are applied to orders delivered in Switzerland and Liechtenstein. For any questions regarding tax or VAT, please refer to your agreement with your respective IEC NC or otherwise check with your IEC NC.

8 Security (White Label App Only)

8.1 The IEC White Label uses SSL 128-bit encryption which is compatible with most web browsers. This industry standard technology allows you to communicate via a secure, encrypted link, thus preserving data integrity and confidentiality.

8.2 You must notify us right away of any security breach or unauthorised use of your account at iec.digital@iec.ch

9 Termination

9.1 IEC reserves the right to terminate this agreement with immediate effect at any time, including if IEC unilaterally determines you have violated any term of this agreement or caused another party to violate the terms of its agreement with IEC.

9.2 Upon termination of this agreement, you shall automatically and immediately cease use of any IEC Smart assets, including IEC Products, in whole or in part, available through it and, in accordance with clause 1.3, any derivative works you have created therefrom.

10 Miscellaneous

10.1 Together with your agreement with your respective National Committee, these terms and conditions constitute the entire understanding between you and IEC regarding your access and/or use of the IEC Smart assets, any data related thereto, and the IEC Products available through them. The conditions applicable during your specific phase of testing shall supersede any prior agreement in respect thereof. No end-user is permitted to testing during more than one phase simultaneously.

10.2 The failure of IEC and/or its IEC National Committees to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision.

10.3 Nothing in this agreement shall create or imply any partnership, joint venture, agency, fiduciary, or other relationship between you and IEC, other than that of licensor and licensee/licensed tester.

11 Governing law and venue

11.1 This agreement is governed by the laws of Switzerland, with the exclusion of its choice of law provisions.

11.2 The courts of Geneva, Switzerland, shall have exclusive jurisdiction.

Version 1.0

28 March 2025

Annex 1 – Service levels for the IEC White Label App

1. Introduction

The IEC provides support for the White Label and Developer Portal during this Beta and/or Pilot testing phase on a best effort basis.

2. Scope of Services

The IEC Smart White Label and the Developer Portal are used for testing purposes, development, and quality assurance (QA). The services provided under this SLA include:

  • Website availability and uptime.

  • Bug reporting and resolution.

  • Technical support for the Website.

This SLA applies to both the internal users and external parties who access the White Label and Developer portal for testing and development purposes.

3. Service Availability

3.1 Uptime Guarantee

The White Label and the Developer Portal are planned to be available 99.5% of the time monthly during business hours Geneva time, excluding scheduled maintenance. This uptime refers to the accessibility of the White Label and Developer Portal for users to test and interact with the platform.

3.2 Maintenance Windows

Scheduled maintenance for updates, patches, or other activities will occur at the discretion of the IEC and will be communicated at least 48 hours in advance. During maintenance, the White Label and Developer Portal may experience downtime. Emergency maintenance may occur without prior notice.

3.3 Downtime and Outage Response

During the Beta and/or Pilots, If the White Label or Developer Portal is unavailable or experiences significant performance issues, the IEC will apply best efforts to resolve the issue and restore service as quickly as possible.

4. Bug Reporting and Resolution

4.1 Reporting

All bugs and issues should be reported via the designated issue tracking system available at iec.digital@iec.ch. Each issue should be clearly described, including steps to reproduce, the expected behaviour, and the actual behaviour.

4.2 Resolution Time

During the Beta and/or Pilots, the IEC will apply best efforts to resolve any bugs reported for the White Label or Developer Portal.

5. Technical Support

5.1 Support Availability

IEC will provide technical support to the IEC National Committee who will receive all end-user calls and reports.  The IEC technical support will be available to National Committees during the following hours:

  • Monday to Friday: 9:00 AM to 5:00 PM (Central European Time).

  • Excluding holidays: Support is unavailable on public holidays.

[1] The Beta and Pilot testing phases of the IEC Smart Programme have been approved by IEC governance. For more information, please contact your respective IEC National Committee.

[2] Verification of IEC Smart content such as tagging of provisions, requirements, or any other characteristic of IEC Product made examinable, usable or identifiable through the IEC Smart assets is subject to decision by IEC governance.