Threema Gateway: Terms of Service
March 16, 2015
In case of discrepancies between the German and English version of these Terms of Service, the German version shall prevail.
I. Subject of this Agreement
- “Threema Gateway” is an interface to send encrypted direct messages to users of the Threema Messaging Service and the Threema app.
- Threema GmbH (Provider) provides this interface to users for remuneration.
- These Terms of Service govern the contractual relationship between Threema GmbH, as the Provider of the “Threema Gateway” service (Service), and the users of the service (Users).
- These Terms of Service apply to all rights and obligations of the contractual parties in the framework of using the Service.
- Different agreements on specific provisions shall be invalid unless agreed upon in writing.
III. Provider's Services
- The Provider shall deliver their Service according to the current state of the art.
- In particular, the Provider shall endeavor to deliver all messages interfaced through him to the Threema Messaging Service without delay.
- The Provider supplies the User sample source code for the use of the interface free of charge. The User shall bear all costs related to integrating code into his system environment. The Provider accepts no liability for the compatibility of the example code with data, programs, configurations, etc. implemented by the User.
- Two different interface modes are available to the User, which differ in the type of encryption used:
- In “Basic Mode”, the User sends unencrypted messages to the Provider. Messages are encrypted by the Provider and forwarded to the recipient. The creation and management of the private key for the customer-specific Threema ID lies with the Provider.
- In the “End-to-End Mode”, the User encrypts direct messages in its own system environment. These messages remain unchanged by the Provider and are forwarded to the recipient. The Provider has no means to decrypt the content of the messages sent. The creation and management of the private key lies with the User; he shall only notify the Provider of the public key.
- The delivery of direct messages on mobile devices may be delayed or prevented by circumstances that are beyond the control of the Provider. These include (but are not limited to): no reception, no connection to the Internet or Threema Messaging Service, Internet interferences of any kind, hardware or software failures of reception and network devices.
- Any liability with limited usability of the Service, in particular through the circumstances listed in para. 5, is expressly excluded by the Provider.
IV. Use of the Subject of this Agreement
- The User may only use the subject of this Agreement as directed and according to the behaviors permitted by Swiss law. Use for any purpose that is capable of damaging the moral sense of the receiver is explicitly excluded.
- The transmission of messages for marketing and promotional purposes and of newsletters, unless the recipient has expressly requested to receive such messages and this expression of will is subsequently confirmed (double opt-in), is fundamentally prohibited. The User shall supply the Provider with relevant proof within 5 days following the request of such information.
- The Service is primarily intended for sending messages. If the number of messages received exceeds the number of messages sent by a factor of 10 (ten), the Provider may charge additional fees.
- The User shall indemnify the Provider against any third party claims that are made due to violation of the rights of the third party on the part of the User or due to culpable legal infringements or breaches of contract on the part of the User against the Provider.
V. Threema ID
- The customer-specific Threema ID required for use of the Service is composed of 7 (seven) alphanumeric characters, which are preceded by a star, and may be selected by the User, subject to availability.
- The User is obliged to ensure that the selected Threema ID neither damages the trademark rights of any third party, nor is capable of violating public morals. The Provider reserves the right to reject applications for certain Threema IDs without notice.
- The User is required to store the private key securely. In case of loss of the private key, the associated Threema ID is irretrievably lost. A key change is not possible.
- The User receives a user account consisting of username / email address and a password chosen by the User.
- The User shall handle the login information with the necessary care. He is fully liable for any direct or indirect damage caused by misuse of the account by third parties and/or by negligently handling the login information.
- The Provider reserves the right to temporarily or permanently terminate the account if misuse pursuant to Article IV is present and/or where the use of the account opposes applicable law and/or if reasonable suspicion of misuse of the account on the part of third parties exists.
- The sending of messages, the reservation of a custom Threema ID and the predominant use for purposes of receiving messages pursuant to Article IV, point 3 is subject to charge.
- The payment of user fees is to be made in advance.
- The current table of applicable fees may be found on the “Threema Gateway” homepage. The Provider reserves the right to adjust said fees and/or tariff levels at any time as per any changing conditions.
- Either party may terminate the Agreement at any time.
- Should the Provider terminate the Agreement, the User may request monetary reimbursement of any remaining credits for a fee.
IX. Data Protection
- Personal information that is collected through the use of the Service is subject to the provisions of the Swiss Federal Act on Data Protection (FADP).
- The Provider shall process the data in accordance with the relevant legislation. Messages are exclusively stored as encrypted and deleted immediately after delivery.
- The User obliges to fully comply with the legal provisions related to the handling of personal data.
X. Final Provisions
- The Provider may optionally modify these Terms of Service. The User shall be informed of any changes to the “Threema Gateway” homepage. Should the User not terminate the Agreement, the amended Terms of Service shall be considered accepted on the part of the User after a period of 30 days.
- If one or more provisions of these Terms of Service is invalid, the validity of the entire Agreement shall not be affected. The invalid provision shall be replaced by the relevant statutory provision.
Place of jurisdiction shall be the competent court at the seat of the Provider.