Threema Shop: General Terms and Conditions
April 1, 2021
This is a mere translation of the German version of this document. In case of any discrepancies between the English and German text, the German version shall prevail.
By using this website (“Website”), and by purchasing and using electronic services and software licenses (“Service”) offered on the Website, you agree to the following General Terms and Conditions (“GTC”) of Threema GmbH (“Company”). These refer to all current and future versions of the Website and Service.
1. Use of the Service
- Each user is personally responsible for the content that he generates or transfers within the scope of use.
- By using this Service, you agree to not use this Service for any unlawful or prohibited activities. You agree not to disrupt the Company’s networks and servers and not to use the Service to send spam or unsolicited advertising.
- You acknowledge that due to the encryption used, the Company has no means to recover lost data or passwords if you have not created a backup or lost access to it.
- By using the Service and Website, you also agree to the relevant Privacy Policies (Website, App).
2. Purchase, Delivery, and Refund
- Prices of available services are quoted on the Website in Swiss Francs. All amounts shown include VAT (if applicable).
- Payments can be made in the following currencies: Swiss Francs, Euros, or Bitcoins. The Company converts Swiss Francs to other currencies at a daily exchange rate based on the international exchange rates prevailing on the market.
- The following payment methods are available for purchases:
- Invoice (bank transfer)
- PayPal payments are subject to a 5% surcharge due to the high fees imposed by PayPal.
- The delivery of purchased Services is carried out exclusively by electronic means via download.
- Invoices are available for access and download on the Website at any time. Links to access the invoice are sent to the email address indicated by the user at time of purchase. shop
- Paid electronic services are generally non-refundable. Any refund or credit is at the sole discretion of the Company.
- Violation of these GTC may result in exclusion from the use of the Service and will, in any case, incur the loss of all payments and credits, which are not eligible for refund. The Company has the right to discontinue Service immediately in case of fraudulent payment, e.g. the use of a stolen credit card. Such cases may be further referred to the competent authorities.
- If the Company chooses to issue a refund for any reason, the Company is only obligated to refund a payment in its original currency. When converting a credit balance to other currencies, the Company has discretion over the exchange applied exchange rate.
- At its discretion, the Company may change Services and prices without cause or notice or discontinue the sale of a Service.
3. Software License
- The software used for Service (“Product”) is licensed, not sold. The Product is protected by copyright law and international copyright treaty provisions, as well as other intellectual property laws and treaties. It is not allowed to create copies of the Product, any part of it, or to distribute it to third parties. Backup copies of the software may be made for your personal archival purposes only.
- The Company grants you a non-exclusive, non-sublicensable license to use the Product on a single device only.
- Reproduction and/or redistribution of any portion of the Product is specifically prohibited in the absence of a separate written agreement with the Company.
- If you use the Product to create or distribute audio, video, or other content, the Company is not responsible for such content. You are liable for keeping such content compliant with property rights and ensuring its lawfulness and compliance with legal provisions, including, but not limited to, copyright laws.
- The Company retains all ownership and intellectual property rights in and to the Product. You agree to abide by the copyright law and all other applicable laws of Switzerland, including those relating to Swiss export controls. You agree not to ship or re-export any portion of the Product to any destination to which it could not lawfully have been exported originally under those export controls.
- If you breach this Agreement, the Company may terminate this Agreement at any time.
- You may terminate this Agreement at any time by removing all copies of the Product from the equipment on which it is installed and destroying all Product materials. This Agreement is for you personally and you agree not to waive your rights under this Agreement.
4. Limited Warranty and Liability
- The Company warrants that the software will perform substantially in accordance with the accompanying user documentation for a period of 90 days from the date of receipt.
- The Product is provided without any other express or implied warranties, including without limitation warranties
of merchantability or fitness for a particular purpose. The Company shall not be liable:
- for incidental, consequential, special, or indirect damages of any sort whatsoever, whether arising in tort, contract, or otherwise (including without limitation damages for loss of business profits, revenues, or information, or for business interruption) resulting from your use of the Product or your inability to use the Product, even if the Company has been informed of the possibility of such damages; or
- for any claim by any party other than you; or
- in the event of force majeure
- The Company’s entire liability and your exclusive remedy shall be, at the Company’s option, either (a) return of the price paid or (b) repair or replacement of the software. This Limited Warranty is void if failure of the software has resulted from abuse or misapplication. Any replacement software will be warranted for the remainder of the original warranty period or 30 days, whichever is longer. Neither these remedies nor any Product support services offered by the Company are available without proof of purchase from an authorized source.
5. Amendments to these GTC
The Company reserves the right to amend these GTC from time to time, to comply with changed legal requirements for example. The current GTC are always published on the Website. Unless stated otherwise within 30 days, continued use of the Service after such changes shall constitute your consent to such changes.
6. Applicable Law
Place of jurisdiction is the registered office of the Company. Swiss law applies.