AGB

Terms & conditions

§1 General Provisions

(1) The following terms and conditions apply to all contracts between CHIFFRY GmbH, Ernst-Thälmann-Str. 39, 06179 Teutschenthal, Germany (following CHIFFRY GmbH), as operating company of the CHIFFRY software including CHIFFRY messenger as well as associated services, and the user of the communication app CHIFFRY (following USER). By using the communication app CHIFFRY the USER agrees to these General Terms and Conditions of Use and Privacy Policy of the CHIFFRY GmbH.

(2) By using the communication app CHIFFRY the USER further acknowledges that all copyrights and industrial property rights (eg trademark rights, design rights and other rights) of the DIGITTRADE GmbH, Ernst-Thalmann-Str. 39, 06179 Teutschenthal, Germany and include all the contents and the resulting data is copyrighted by DIGITTRADE GmbH: www.digittrade.de

(3) The agreement language is German.

§2 Agreement subject

(1) Subject of the agreement is the use of the communication app CHIFFRY and related services.

(2) CHIFFRY is the first app with the quality label “IT Security made in Germany” that every smartphone user enables a reliable and comprehensive communication. With CHIFFRY users are able to eavesdropping phone calls, and send pictures, videos, contacts, voice and text messages confidential. All data will be securely transmitted by using modern encryption methods.

(3) With the quality character “IT Security made in Germany” is confirmed that: – The company is headquartered in Germany. – The company offers trusted IT security solutions. – The products contain no hidden access. – The IT security research and development of the company will be held in Germany. – The company meets the requirements of the German data protection law.

§3 Conclusion of contract

(1) The CHIFFRY GmbH provides the communication app CHIFFRY on the website www.chiffry.de and in various online stores available for download.

(2) The contract is concluded by the USER after the download of the communication CHIFFRY app via one of the available sources.

(3) For the use of the communication app CHIFFRY to apply to the respective mobile devices (eg smartphone or tablet) installed and registered in accordance with the operating instructions.

§4 Prices and payment conditions

(1) The basic version of the communication app CHIFFRY can be downloaded and installed for free. This version of the USER may eavesdropping phone calls and send his photos, videos, contacts, locations, and voice and text messages confidential.

(2) The basic version of the communication app CHIFFRY can be used permanently and free in full. The use is not binding.

(3) The USER can switch from the free basic version of the communication app CHIFFRY to a paid premium or business version as well as any time to return free of charge to the basic version back.

(4) The information about prices and payment for paid Premium and Business versions are on the website www.chiffry.de and in the CHIFFRY App.

(5) The switch to Premium or Business version is based on receipt of payment.

§5 Terms of Use

Any version of CHIFFRY software is licensed and not sold. That means that the USER shall only acquire the rights to use the software. It can not be viewed as the owner. Failure to comply with the terms of use the CHIFFRY GmbH reserves the right to revoke the license of each USER, and to end the use of the communication app CHIFFRY for this USER. The USER is not entitled to use the communication app CHIFFRY commercial and to charge a fee for the distribution and lease the Software or any part thereof, rent, sublicense, modify, adapt, translate or emulate. It is banned in full, to edit the software CHIFFRY, decompile or remove parts. It is also not permitted to develop the software or to create a source code of the software. It is also prohibited to use any means to bypass or disable any encryption, security measures or authentication mechanisms in CHIFFRY or to gain unauthorized access to systems, hardware, software, services and networks in conjunction with CHFFRY or to affect this, as well as CHIFFRY for to use criminal purposes. Please note that all copy rights of the transmitted content will remain on users side. In addition the Chiffry GmbH has no access to your transmitted messaging content at any time.

§6 Liability

(1) The provider is liable without restriction for each damage arising from injury to life, body or health, in all cases of intent and gross negligence, fraudulent concealment of a defect.

(2) If material contractual obligations are concerned, the liability of the provider for slight negligence is limited to typical, foreseeable damage.

(3) When a violation of minor contractual obligations, liability is excluded for slight negligence.

(4) DData communication over the Internet can not be guaranteed error free and / or available at all times at the current state of the art. CHIFFRY GmbH liable, in either for the continuous still uninterrupted availability of the website, the communication links and the services offered there (such as the connection is made and broadcast as well as the quality and completeness of the transmitted messages and phone calls).

(5) In this context, there is neither guarantee nor take responsibility for the delivery of messages of all kinds and for fulfillment of the phone calls.

(6) The installation, use or de-installation at your own risk. CHIFFRY GmbH is not responsible for any indirect or direct damages, arising from the installation, use or uninstall.

(7) CHIFFRY GmbH is not liable for damages and legal consequences which may arise from illegal use of the communication app CHIFFRY. The USER is obligated himself constantly aware of the legal guidelines for the use of encrypted communication at its respective location.

§7 Choice of Law, Place of Performance, Place of Jurisdiction

(1) German law applies. For consumers only, this choice of law insofar as this does the protection afforded by the mandatory provisions of the laws of the State of habitual residence of the consumer is not deprived (favourability).

(2) Performance for all aspects of the business as well as existing jurisdiction with the seller is the seat of CHIFFRY GmbH, where the customer is not a consumer, but a merchant, legal entity under public law or public law special fund. The same applies if the customer has no general jurisdiction in Germany or the EU or the domicile or habitual residence at the time of action is not known. The authority also of the court to call in another legal jurisdiction remains unaffected.

(3) The provisions of the UN Sales Convention shall expressly not apply.

(4) The European Commission provides a platform for online dispute settlement (OS). The platform is available at https://webgate.ec.europa.eu/odr/