(1) The following General Terms and Conditions of Business and Use comprise agreements between CHIFFRY GmbH, Ernst-Thälmann-Str. 39, 06179 Teutschenthal, Germany (hereinafter referred to as CHIFFRY GmbH), as the operator of the CHIFFRY software including CHIFFRY Messenger and the associated services, and the user of the CHIFFRY communication app (hereinafter referred to as USER). By using the CHIFFRY communication app, the USER recognises these General Terms and Conditions of Business and Use and the Privacy Policy of CHIFFRY GmbH.
(2) By using the CHIFFRY communication app, the USER also recognises that all copyrights and industrial property rights (such as trademark rights, design patents and other rights) belong to DIGITTRADE GmbH, Ernst-Thälmann-Str. 39, 06179 Teutschenthal, Germany, and that all content and the resulting data are subject to the copyright of DIGITTRADE GmbH: www.digittrade.de
(3) The language of the agreement is German.
(1) The subject of the agreement is the use of the CHIFFRY communication app and associated services.
(2) CHIFFRY is the first app with the "IT Security made in Germany" quality mark that enables secure and comprehensive communication for every smartphone user. With Chiffry, users can make tap-proof calls and send their pictures, videos, contacts and voice and text messages confidentially. All data is transmitted securely using modern encryption methods.
(3) The "IT Security made in Germany" quality mark confirms that: - the company is headquartered in Germany. - the company offers trustworthy IT security solutions. - the products offered do not contain any hidden access points. - the company's IT security research and development takes place in Germany. - the company fulfils the requirements of German data protection law.
(1) CHIFFRY GmbH makes the CHIFFRY communication app available for download on the website www.chiffry.de and in various online stores.
(2) The contract is concluded when the USER downloads the CHIFFRY communication app from one of the available sources.
(3) The CHIFFRY communication app must be installed and registered on the respective mobile devices (e.g. smartphones or tablets) in accordance with the operating instructions.
(1) The basic version of the CHIFFRY communication app can be downloaded and installed free of charge. With this version, the USER can make tap-proof calls and send their pictures, videos, contacts, locations and voice and text messages confidentially.
(2) The basic version of the CHIFFRY communication app can be used permanently and free of charge to its full extent. Use is non-binding.
(3) The USER can switch from the free basic version of the CHIFFRY communication app to a paid premium or business version and return to the free basic version at any time free of charge.
(4) The prices and payment terms for paid Premium and Business versions can be found on the website www.chiffry.de and in the CHIFFRY app.
(5) Conversion to the Premium or Business version takes place after receipt of payment.
Each version of the CHIFFRY software is licensed and not sold. This means that the USER only acquires the rights to use the software. He cannot be considered the owner. In the event of non-compliance with the terms of use, CHIFFRY GmbH reserves the right to withdraw the licence from the respective USER and to terminate the use of the CHIFFRY communication app for this USER. The USER is not authorised to use the CHIFFRY communication app commercially and to charge a usage fee for distribution, or to lease, rent, sublicense, modify, adapt, translate or emulate this software or any part thereof. It is strictly prohibited to edit, decompile or remove parts of the CHIFFRY software. It is also not permitted to further develop the software or create a source code of the software. It is also prohibited to use any means to circumvent or disable any encryption, security measures or authentication mechanisms in CHIFFRY or to gain unauthorised access to or interfere with systems, hardware, software, services and networks in connection with CHFFRY, or to use CHIFFRY for criminal purposes. We would like to point out that all copyrights to the content sent remain with the user and that Chiffry GmbH cannot view the content of the messages sent.
(1) The provider is liable without limitation for damages resulting from injury to life, body or health, in all cases of intent and gross negligence, in the event of fraudulent concealment of a defect.
(2) If essential contractual obligations are affected, the liability of the provider in the event of slight negligence is limited to the foreseeable damage typical for the contract.
(3) In the event of a breach of insignificant contractual obligations, liability for slightly negligent breaches of duty is excluded.
(4) According to the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. In this respect, CHIFFRY GmbH is not liable for the constant or uninterrupted availability of the website, the communication connections and the services offered there (such as the establishment of the connection and transmission as well as the quality and completeness of the transmitted messages and telephone calls).
(5) In this context, there is no guarantee or liability for the delivery of messages of any kind or for the fulfilment of telephone calls.
(6) Installation, use or de-installation is at your own risk. CHIFFRY GmbH is not responsible for any direct or indirect damage resulting from the installation, use or de-installation.
(7) CHIFFRY GmbH is not liable for damages and legal consequences that may arise from unlawful use of the CHIFFRY communication app. The USER is obliged to inform themselves independently about the legal guidelines for the use of encrypted communication at their respective location.
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (principle of favourability).
(2) The place of fulfilment for all services arising from the business relationship with the provider and the place of jurisdiction is the registered office of CHIFFRY GmbH, insofar as the customer is not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if the Customer does not have a general place of jurisdiction in Germany or the EU or if the Customer's place of residence or habitual abode is unknown at the time the action is filed. This shall not affect the right to appeal to the court at another legal place of jurisdiction.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
(4) The European Commission provides a platform for online dispute resolution (OS).
You can find the platform at https://webgate.ec.europa.eu/odr/
Chiffry GmbH
+49 (0) 345/ 2317352
info@chiffry.de
shop.chiffry.de
Chiffry GmbH © 2023
