© 2019 Gerald Tscharre
All Rights Reserved
TERMS AND CONDITIONS
DATA PROTECTION AND PRIVACY
All data are stored on
your mobile device. When you send a message to another user, the
contents of the message are stored in an encrypted archive on your
mobile device, which is then transmitted to our servers. After that, the
encrypted archive is transferred to the mobile device of the recipient,
where the content gets decrypted again. When you send a message by
email, the recipient receives a QR-code, as well as a message ID and
password to decrypt the message. The recipient can get access to the
message on our website after successful authentication, as soon as it is
available. Only the background image, title and short description of
the message, as well as user name (nick) and user photo are stored
unencrypted. Communication between your mobile device and our servers is
performed in a secure way by SSL.
Your privacy is very important to us. We do not read your messages, we do not use information to analyze your user behavior and we do not share personally identifiable information with third parties. We reserve the right to display advertisements on your mobile device only in an anonymous form. The app requires access to your camera, microphone, and photo album for the sole purpose of using and photos and videos in your messages and transmitting these messages to others, as well as to display your user photo (your avatar).
The app does not require access to your contacts’ email addresses or phone numbers. When registering, you are not required to provide your real name and we do not ask for your email address or any other personal information. Your account is tied to a particular mobile device, so you do not need to enter a password. A randomly generated key on your mobile device will be used for authentification when you launch the app for the first time. If you delete a message, it will also be removed from our servers. If the message has already been forwarded to other users, they will receive a delete request for the message, which they can accept or decline. If you delete your user account, all messages will also be deleted from our servers. For messages that have already been sent, a delete request will be sent to the recipients via the app, which they can accept or decline.
When you delete your user account, your username (nick) will remain locked for some time to prevent the same username (nick) from being reused by other users of the app. A new registration with the same username (nick) is therefore not possible.
3. PROPRIETARY RIGHTS AND LICENCE
We hereby grant you a worldwide, non-exclusive, revocable licence to use the Application for your business and personal use in accordance with these Terms and Conditions.
4. CONDITIONS OF USE
4.1. You will not, nor allow third parties on your behalf to
(i) make and distribute copies of the Application
(ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Application; or
(iii) create derivative works of the Application of any kind whatsoever.
4.2. We reserve the right to amend or withdraw the Application at any time and for any reason.
4.3. You acknowledge that the terms of agreement with your respective mobile network provider (‘Mobile Provider’) will continue to apply when using the Application. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Application or any such third party charges as may arise. You accept responsibility for any such charges that arise.
4.4. If you are not the bill payer for the mobile telephone or handheld device being used to access the Application, you will be assumed to have received permission from the bill payer for using the Application.
5.1. This Application is available to handheld mobile devices running the Apple iOS Operating System. We will use reasonable efforts to make the Application available at all times. However you acknowledge the Application is provided over the internet and mobile networks and so the quality and availability of the Application may be affected by factors outside our reasonable control.
5.2. We do not accept any responsibility whatsoever for unavailability of the Application, or any difficulty or inability to download or access content or any other communication system failure which may result in the Application being unavailable.
5.3. We will not be responsible for any support or maintenance for the Application.
6. SYSTEM REQUIREMENTS
6.1. In order to use the Application, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications (‘Software Requirements’).
6.2. The Software Requirements are as follows: Apple iOS devices running iOS 12; Languages: English, German and possibly additional languages.
6.3. The version of the Application software may be upgraded from time to time to add support for new functions and services.
7.1. We may terminate use of the Application at any time by giving notice of termination to you. A termination can also be done by removing the app from the App Store. If you have purchased premium paid services at this time, they also will be terminated. There is no reimbursement of costs for unused shares in premium services.
7.2. Upon any termination, (a) the rights and licenses granted to you herein shall terminate; (b) you must cease all use of the Software;
8. LIMITATION OF LIABILITY
8.1. In no event wil we be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of your use or access to the Application, including loss of profit or the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise.
8.2. We are not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the Application.
8.3. Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law.
9. DISCLAIMER OF WARRANTIES
To the maximum extent permitted by law, and for the avoidance of doubt, save for section 2 of the Supply of Goods and Services Act 1982, we hereby disclaim all implied warranties with regard to the Application. The Application and software are provided “as is” and “as available” without warranty of any kind.
This App is using the folling Libraries:
- YPImagePicker for picking photos and videos
- Realm Database for saving your messages on your mobile device
- Circular Progress Ring for animating your countdowns
- Alamofire for uploading messages
- SwiftyJSONfor dealing with JSON stuff
- ZZSRichTextEditorfor editing HTML messages
- PDColorPickerfor picking fore- and background colors in your HTML messages
- ZIPfor creating ZIP files
- RNCryptorfor crypting your messages
- SwiftyStoreKitfor managing in-app-purchases
Special thanks to all contributors!